Bill Text: CA SB659 | 2009-2010 | Regular Session | Introduced
Bill Title: Transportation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB659 Detail]
Download: California-2009-SB659-Introduced.html
BILL NUMBER: SB 659 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Pavley
FEBRUARY 27, 2009
An act to amend Section 14529.9 of the Government Code, relating
to transportation.
LEGISLATIVE COUNSEL'S DIGEST
SB 659, as introduced, Pavley. Transportation.
Existing law generally provides for programming of transportation
capital projects pursuant to the state transportation improvement
program process. Existing law authorizes a local agency to request
that a portion of the cost of any project in the program funded by
the local agency be eligible for reimbursement from federal funds, as
specified.
This bill would make a nonsubstantive change to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14529.9 of the Government Code is amended to
read:
14529.9. (a) A transportation planning agency, county
transportation commission, or local transportation authority may,
with the concurrence of the commission, request the department to
make a portion of the cost of any project funded by a local entity
that is included in the state transportation improvement program
eligible for reimbursement by the federal government pursuant to
Section 115 of Title 23 of the United States Code. The transportation
planning agency, county transportation commission, or local
transportation authority shall be responsible for the cost the
department incurs in making the project's cost eligible for federal
reimbursement.
(b) The transportation planning agency, county transportation
commission, or local transportation authority and the department
shall specify by agreement whether reimbursements for project costs
received from the federal government pursuant to Section 115 of Title
23 of the United States Code shall be returned to the local funding
entity for transportation projects or allocated to additional
projects in the state transportation improvement program. For
purposes of Sections 188 and 188.8 of the Streets and Highways Code,
reimbursements to local entities shall be considered expenditures
from the State Highway Account in the year the reimbursement occurs.
(c) For reimbursements which a local funding entity specifies are
to be allocated to additional projects in the state transportation
improvement program, the transportation planning agency, county
transportation commission, or local transportation authority and the
department, in making their recommendations, and the commission, in
adopting the state transportation improvement program, shall consider
the recommendations of the local funding entity for projects to be
funded from federal reimbursements received for a project the entity
has funded. The reimbursements may not be used as substitute funding
for projects the commission has included in the adopted state
transportation improvement program and programmed to receive state
and federal funds, other than those provided as reimbursement
pursuant to Section 115 of Title 23 of the United States Code.
(d) The department, in its recommended funding estimate, shall
identify the amount of project costs that can be made eligible for
reimbursement pursuant to Section 115 of Title 23 of the United
States Code. The department shall also estimate the amount of federal
funds available for reimbursement in each year of the state
transportation improvement program.
(e) Each year the department shall determine the actual amount of
federal funds available for reimbursement pursuant to Section 115 of
Title 23 of the United States Code and shall notify the commission
and regional transportation planning agencies.
(f) In any federal fiscal year in which the department determines
funding is available for reimbursement pursuant to Section 115 of
Title 23 of the United States Code, the department shall seek
reimbursement for locally funded projects in the order in which the
projects were made eligible pursuant to subdivision (a). If the funds
available are not sufficient to fully reimburse a locally funded
project, the department shall seek reimbursment
reimbursement for the next project whose amount can be
fully reimbursed. Projects bypassed for reimbursement in one fiscal
year shall retain their priority in the next fiscal year in which
funding is available.
(g) The commission shall not make a reimbursement pursuant to
this section unless the department finds that implementation of
advance construction of projects results in the state receiving
federal funds in addition to those which would be received in the
absence of advanced construction agreements under this section.
Reimbursement shall only be made when the commission determines that
all county minimum expenditures pursuant to Section 188.8 of the
Streets and Highways Code can be reasonably met, that the minimum
expenditures cannot be met for reasons not related to advance
construction reimbursements, or when the county in which a
reimbursement would be made is below its minimum expenditure amount
pursuant to that section. A project bypassed for reimbursement under
this subdivision in one fiscal year shall retain its priority in the
next fiscal year in which funding is available.
(h) The department shall notify the commission within 30 days of
applying for reimbursement by the federal government for locally
funded projects.
