2033.1.
(a) For purposes of distributing and allocating the funds that are continuously appropriated in each fiscal year pursuant to subdivision (a) of Section 2032, the commission shall segregate the funds into two separate subaccounts as follows:(1) Eighty-five percent of the funds shall be deposited into the Local Partnership Formula Subaccount, which is hereby created.
(2) Fifteen percent of the funds shall be deposited into the Small Counties and Uniform Developer Fees Competitive Subaccount, which is hereby created.
(b) (1) The commission shall distribute the funds in the Local Partnership Formula Subaccount to eligible entities, as defined in subparagraph (A) of paragraph (4) of subdivision (a) of Section 2032, pursuant to the formula established in subdivision (f) and in accordance with the other applicable requirements of this section.
(2) The commission shall allocate the funds in the Small Counties and Uniform Developer Fees Competitive Subaccount through a competitive grant program to eligible entities, as defined
in subparagraph (A) of paragraph (4) of subdivision (a) of Section 2032 that have a population of less than 750,000, and to eligible entities, as defined in subparagraph (B) of paragraph (4) of subdivision (a) of Section 2032, in accordance with the applicable requirements of this section. For the purpose of calculating population, the commission shall use the most recent information available from the Department of Finance.
(c) (1) On or before April 1, 2020, the commission, in consultation with transportation planning
agencies, county transportation commissions, and other local agencies, shall develop separate guidelines for the distribution or allocation, as applicable, of funds deposited in the Local Partnership Formula Subaccount and the Small Counties and Uniform Developer Fees Competitive Subaccount.
(2) Each set of guidelines shall be the complete and full statement of the policy, standards, and criteria that the commission intends to use to determine how the funds in each subaccount will be distributed or allocated.
(3) Each set of guidelines shall do, but are not limited to doing, all of the
following:
(A) Identify eligible local matching funds.
(B) Establish the types of eligible projects consistent with subdivision (d).
(C) Provide additional programmatic details on how the distribution and allocation of funds are to be provided to eligible entities pursuant to this section. In developing these programmatic details, the commission shall consider the statutes and guidelines that were developed, enacted, and implemented for the State-Local Partnership Program established in Article 11 (commencing with Section 8879.66) of Chapter 12.491 of Division 1 of Title 2 of the Government Code and funded pursuant to subdivision (g) of Section 8879.23 of the Government Code.
(4) The guidelines may include streamlining of project delivery by authorizing eligible entities to seek commission approval of a letter of no prejudice that allows the entity to expend its own funds in advance of a distribution of funds by the commission, and to be reimbursed at a later time for eligible expenditures. A letter of no prejudice shall only be available to eligible entities for moneys that have been identified for future distribution to the entity. Moneys designated pursuant to subdivision (a) of Section 2032 shall be reimbursed only when there is funding available in an amount sufficient to make the reimbursement.
(5) The commission may amend the adopted guidelines after conducting at least one public hearing.
(d) A project is eligible to receive
funding pursuant to subdivision (a) of Section 2032 if it is eligible pursuant to subdivision (b) of Section 2030 and is consistent with Section 2 of Article XIX of the California Constitution.
(e) (1) In order to receive a distribution of funds from the commission pursuant to subdivision (a) of Section 2032 from the Local Partnership Formula Subaccount in a funding cycle, an eligible entity shall submit to the commission all of the following:
(A) A description of the eligible project nominated for funding, including a description of the project’s cost, scope, and specific improvements and benefits it is anticipated to achieve.
(B) A description of the project’s current status, including the phase
of delivery the project is in at the time it is nominated for funding and a schedule for the project’s completion.
(C) A description of how the project would support transportation and land use planning goals within the region.
(D) The amount of eligible local matching funds the eligible entity is committing to the project.
(E) The amount of program funds the eligible entity seeks from the subaccount for the project.
(2) The commission shall review the accompanying documentation for nominated projects under this section to ensure that each nominated project meets the requirements of this section. Projects determined to meet the requirements of this section shall be
deemed eligible.
(f) To establish the distribution formula for the Local Partnership Formula Subaccount for each eligible entity, the commission shall do all of the following before the commencement of a funding cycle:
(1) Determine the total amount of annual revenue generated from voter-approved sales taxes, voter-approved parcel or property taxes, and voter-approved bridge tolls dedicated to transportation improvements according to the most recent available data reported to the California Department of Tax and Fee Administration, the Controller, or the Bay Area Toll Authority.
(2) Establish a northern California and southern California share by attributing the proportional share of revenues from voter-approved
sales taxes, voter-approved parcel or property taxes, and voter-approved bridge tolls dedicated to transportation improvements and imposed in counties in northern California to the northern share, and by attributing the proportional share of revenues from voter-approved sales taxes imposed in counties located in southern California to the southern share. The determination of whether a county is located in northern or southern California shall be based on the definitions set forth in Section
187, with northern California comprising the counties in Group No. 1 and southern California comprising the counties in Group No. 2.
(3) Program funds made available to the southern share, based on the determination in paragraph (2), shall be distributed to each eligible entity responsible for programming and allocating revenues from the sales tax in proportion to the following:
(A) Seventy-five percent based on the population of the county in which the entity is located compared to the total population of southern California counties with voter-approved sales taxes dedicated to transportation improvements. For the purpose of calculating population, the commission shall use the most recent information available from the Department of Finance.
(B) Twenty-five percent based on the total amount of sales tax revenue generated from the total number of sales tax measures dedicated to transportation improvements administered by an eligible entity compared to the total amount of sales tax revenue generated from voter-approved sales tax measures dedicated to transportation improvements in southern California. For the purpose of calculating sales tax revenue, the commission shall use the most recent information available from the California Department of Tax and Fee Administration.
(4) Program funds made available to the northern share, based on the determination in paragraph (2), shall be
distributed as follows:
(A) Program funds generated by voter-approved bridge tolls and voter-approved parcel or property taxes dedicated to transportation improvements shall be distributed to the entity responsible for programming and allocating revenues from the toll or tax based on the proportional share of revenues generated by the toll or tax by that entity in comparison to the total revenues generated by voter-approved sales taxes, voter-approved parcel or property taxes, and voter-approved bridge tolls dedicated to transportation improvements in northern California.
(B) Program funds generated by voter-approved sales taxes dedicated to transportation improvements shall be distributed to each eligible entity responsible for programming and allocating
revenues from the sales tax in proportion to the following:
(i) Seventy-five percent based on the population of the county in which the entity is located compared to the total population of northern California counties with voter-approved sales taxes dedicated to transportation improvements. For the purpose of calculating population, the commission shall use the most recent information available from the Department of Finance.
(ii) Twenty-five percent based on the total amount of sales tax revenue generated from the total number of sales tax measures dedicated to transportation improvements administered by an eligible entity compared to the total amount of sales tax revenue generated from voter-approved sales tax measures dedicated to transportation improvements in northern
California. For the purpose of calculating sales tax revenue, the commission shall use the most recent information available from the California Department of Tax and Fee Administration.
(g) This section shall apply to programming cycles beginning after the programming cycles described in subdivision (e) of Section 2033, as it read on January 1, 2020.
(h) An eligible entity that is identified to receive a distribution of funds under this section, but that does not submit a project for funding in a funding cycle, may use its funding share up to, but no later than, the three subsequent funding
cycles. Projects receiving a distribution of funds under the program shall encumber funds no later than two years after the end of the fiscal year in which the distribution is made by the commission.