BILL NUMBER: AB 1706 CHAPTERED
BILL TEXT
CHAPTER 597
FILED WITH SECRETARY OF STATE OCTOBER 9, 2001
APPROVED BY GOVERNOR OCTOBER 7, 2001
PASSED THE ASSEMBLY SEPTEMBER 14, 2001
PASSED THE SENATE SEPTEMBER 12, 2001
AMENDED IN SENATE SEPTEMBER 7, 2001
AMENDED IN SENATE SEPTEMBER 5, 2001
AMENDED IN SENATE AUGUST 27, 2001
AMENDED IN SENATE AUGUST 20, 2001
AMENDED IN SENATE JUNE 25, 2001
AMENDED IN ASSEMBLY APRIL 16, 2001
INTRODUCED BY Committee on Transportation (Dutra (Chair),
Firebaugh, Florez, Havice, Kehoe, Liu, Longville, Nakano, Oropeza,
Simitian, Strom-Martin, and Vargas)
MARCH 7, 2001
An act to amend Section 13401.3 of the Corporations Code, to amend
Sections 14036 and 65089 of, to repeal Sections 14529.5 and 14529.14
of, and to repeal Chapter 5 (commencing with Section 14560) of Part
5.3 of Division 3 of Title 2 of, the Government Code, to amend
Section 39 of the Harbors and Navigation Code, to amend Sections
98005, 99317.1, 99317.8, 99317.9, 99317.10, 99318.1, and 99319 of,
and to repeal Sections 99317.2 and 99318.4 of, the Public Utilities
Code, and to amend Sections 182.7, 182.8, 319, 2108, and 2121 of, and
to repeal Sections 172, 183.3, 188.6, and 2105.1 of, the Streets and
Highways Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 1706, Committee on Transportation. Transportation:
corporations: state contracting.
(1) Existing law provides for public transit and streets and
highways and funding for those purposes.
This bill would make technical corrections and delete obsolete
provisions in existing law relating to public transit and streets and
highways.
(2) Under the Moscone-Knox Professional Corporation Act,
"professional services" is defined to include, among other things,
services licensed, certificated, and registered under the Yacht and
Ship Brokers Act.
This bill would make a needed correction in that definition.
(3) Existing law provides that a project subject to the
jurisdiction of the Department of Boating and Waterways and governed
by the Harbors and Navigation Code is subject to the State Contract
Act.
This bill would correct a cross-reference in that provision and
delete obsolete language.
(4) Existing law defines "transit" for purposes of provisions
authorizing the formation of the Santa Cruz Metropolitan Transit
District.
This bill would revise the definition to specifically include
rapid transit.
(5) Existing law authorizes the California Transportation
Commission to offer to exchange funds from the Traffic Congestion
Relief Fund for regional surface transportation program and
congestion mitigation and air quality program apportionments received
as local assistance by regional transportation planning agencies.
The Department of Transportation is required to repay to the fund all
funds received as federal reimbursements for funds exchanged as they
are received from the Federal Highway Administration.
This bill instead would require the department to repay from the
State Highway Account in the State Transportation Fund to the Traffic
Congestion Relief Fund all funds received as federal reimbursements,
as they are received, for funds exchanged under the exchange
program, except that the repayments are not required to be made more
frequently than on a quarterly basis.
(6) Existing law requires the California Transportation Commission
to relinquish to any city or county any portion of any state highway
within the city or county that has been deleted from the state
highway system by legislative enactment. Existing law authorizes the
relinquishment to the City of Downey of the portion of Route 19
located between Gardendale Street and Telegraph Boulevard, upon terms
and conditions the commission finds to be in the best interests of
the state.
This bill, instead, would authorize the relinquishment to the City
of Downey of the portion of Route 19 located between Century
Boulevard and Telegraph Road within that city, upon terms and
conditions the commission finds to be in the best interests of the
state and pursuant to the terms of a cooperative agreement between
the city and the Department of Transportation. The bill would
similarly authorize the relinquishment to the City of Bellflower of
the portion of Route 19 located between the southerly city limit of
the City of Bellflower near Rose Avenue and Foster Road within that
city. Each relinquishment would become effective immediately
following the county recorder's recordation of the relinquishment
resolution containing the commission's approval of the terms and
conditions of the relinquishment.
(7) The bill would require the department, in consultation with
the Office of Planning and Research, to conduct a statewide rail
transportation assessment, that includes both a passenger and a
freight rail systems portion. The bill would require, on or before
October 1, 2002, the department to submit to the Legislature a report
that includes, among other things, an estimate and documentation of
statewide unfunded capital and operating needs over the next 10 years
for each rail transportation agency.
(8) This bill would incorporate changes to Section 182.7 of the
Streets and Highways Code proposed to be made by AB 1705 that would
become operative if both bills are enacted and this bill is enacted
after AB 1705.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13401.3 of the Corporations Code is amended to
read:
13401.3. As used in this part, "professional services" also means
any type of professional services that may be lawfully rendered only
pursuant to a license, certification, or registration authorized by
the Yacht and Ship Brokers Act (Article 2 (commencing with Section
700) of Chapter 5 of Division 3 of the Harbors and Navigation Code).
SEC. 2. Section 14036 of the Government Code is amended to read:
14036. (a) The department shall prepare a 10-year State Rail Plan
biennially for submission to the Legislature, the Governor, the
Public Utilities Commission, and the California Transportation
Commission. The plan shall be submitted to the California
Transportation Commission on or before October 1, 1995, and on or
before October 1 of each odd-numbered year thereafter, for its advice
and consent, and to the Legislature, the Governor, and the Public
Utilities Commission by the following March 1. The plan shall
consist of a passenger rail element and a freight rail element.
(b) The passenger rail element shall contain all of the following:
(1) For capital and operating subsidies and costs, all actual
encumbrances for the prior two fiscal years; and for state
operations, all actual expenditures for the prior two fiscal years.
All revenues shall be identified by source.
(2) For capital and operating subsidies, estimated encumbrances
and revenues for the current year; and for state operations,
estimated expenditures for the current year. The department shall
use the same format as is required for prior year expenditures
pursuant to paragraph (1).
(3) For the budget year and the nine following fiscal years,
proposed encumbrances for capital and operating subsidies and costs
shall be reported in the same format as is required for the prior
year's expenditures. For state operations, proposed expenditures for
the budget year shall be reported.
(4) The identification and cost of capital facilities necessary to
enhance competitiveness of rail passenger services, including, for
each intercity route, a list of at least the three highest priority
capital improvement projects, with cost estimates and a funding plan.
(5) A performance evaluation of all services in operation for the
two prior years, including performance trends, potential for
efficiency and effectiveness, possible improvements, and strategies
to achieve that potential. This shall include an evaluation of all
feeder bus services, using, among other things, criteria based on
ridership levels, break-even points, and levels of growth in service
utilization. The number of daily feeder bus runs, if any, that
failed to carry even one passenger shall be identified.
(6) A recommendation of a level of and program for services over a
10-year period, including a list of service enhancements on existing
and additional routes, with funding and priority recommendations.
This shall include identification of feeder bus service improvements
and a management and operating plan for achieving these improvements.
(7) An evaluation of reports by regional planning agencies and
county transportation commissions on commuter service alternatives in
their regions, including presentation of their recommendations.
(8) A map showing all existing intercity and commuter passenger
rail routes and services, all proposed intercity and commuter
passenger rail routes and services, and all intercity and commuter
passenger rail routes and services that are the subject of
feasibility studies.
(9) A report on the expenditure of marketing activities funds for
purchases of media advertising of rail passenger services.
This report shall be prepared in consultation with the Public
Utilities Commission and the National Rail Passenger Corporation.
The department may consult with other agencies, organizations, and
persons with expertise. The department shall employ realistic
assumptions, using Public Utilities Commission cost data whenever
possible, with respect to the level of services it can provide and
the cost of these services when developing the program.
(10) A discussion of the department's overall marketing strategy
as it relates to the intercity rail passenger service, including
feeder bus service, and a report on the expenditure of marketing
activities funds for purchases of media advertising of rail passenger
services.
(11) A discussion of fare policies and practices, including all of
the following:
(A) The relationship of fare policies to ridership and yield,
including the impact of (A) a variety of regular fares, including
fares such as midweek and other off-peak discounts, (B) discount fare
blackouts during certain holiday travel periods on yield and
ridership, and (C) discount fares for small groups traveling
together.
(B) Lightly traveled route segments where current fares are too
high for the demand, and where ridership or yield, or both, would
increase with lower fares.
(C) A potential fare policy that would maximize both ridership and
yield.
(D) A summary of discussions with Amtrak on the subject of fares.
(c) The freight rail element shall contain all of the following:
(1) Environmental aspects, which shall include air quality, land
use, and community impacts.
(2) Financing issues, which shall include a means to obtain
federal and state funding.
(3) Rail issues, which shall include regional, intrastate, and
interstate issues.
(4) Intermodal connections, which shall include seaports and
intermodal terminals.
(5) Current system deficiencies.
(6) Service objectives, such as improving efficiency,
accessibility, and safety.
(7) New technology, which shall include logistics and process
improvement.
(8) Light density rail line analyses, which shall include traffic
density, track characteristics, project selection criteria, and
benefit-cost criteria.
SEC. 3. Section 14529.5 of the Government Code is repealed.
SEC. 4. Section 14529.14 of the Government Code is repealed.
SEC. 5. Chapter 5 (commencing with Section 14560) of Part 5.3 of
Division 3 of Title 2 of the Government Code is repealed.
SEC. 6. Section 65089 of the Government Code is amended to read:
65089. (a) A congestion management program shall be developed,
adopted, and updated biennially, consistent with the schedule for
adopting and updating the regional transportation improvement
program, for every county that includes an urbanized area, and shall
include every city and the county. The program shall be adopted at a
noticed public hearing of the agency. The program shall be
developed in consultation with, and with the cooperation of, the
transportation planning agency, regional transportation providers,
local governments, the department, and the air pollution control
district or the air quality management district, either by the county
transportation commission, or by another public agency, as
designated by resolutions adopted by the county board of supervisors
and the city councils of a majority of the cities representing a
majority of the population in the incorporated area of the county.
(b) The program shall contain all of the following elements:
(1) (A) Traffic level of service standards established for a
system of highways and roadways designated by the agency. The
highway and roadway system shall include at a minimum all state
highways and principal arterials. No highway or roadway designated
as a part of the system shall be removed from the system. All new
state highways and principal arterials shall be designated as part of
the system. Level of service (LOS) shall be measured by Circular
212, by the most recent version of the Highway Capacity Manual, or by
a uniform methodology adopted by the agency that is consistent with
the Highway Capacity Manual. The determination as to whether an
alternative method is consistent with the Highway Capacity Manual
shall be made by the regional agency, except that the department
instead shall make this determination if either (i) the regional
agency is also the agency, as those terms are defined in Section
65088.1, or (ii) the department is responsible for preparing the
regional transportation improvement plan for the county.
(B) In no case shall the LOS standards established be below the
level of service E or the current level, whichever is farthest from
level of service A. When the level of service on a segment or at an
intersection fails to attain the established level of service
standard, a deficiency plan shall be adopted pursuant to Section
65089.4.
(2) A performance element that includes performance measures to
evaluate current and future multimodal system performance for the
movement of people and goods. At a minimum, these performance
measures shall incorporate highway and roadway system performance,
and measures established for the frequency and routing of public
transit, and for the coordination of transit service provided by
separate operators. These performance measures shall support
mobility, air quality, land use, and economic objectives, and shall
be used in the development of the capital improvement program
required pursuant to paragraph (5), deficiency plans required
pursuant to Section 65089.4, and the land use analysis program
required pursuant to paragraph (4).
(3) A travel demand element that promotes alternative
transportation methods, including, but not limited to, carpools,
vanpools, transit, bicycles, and park-and-ride lots; improvements in
the balance between jobs and housing; and other strategies,
including, but not limited to, flexible work hours, telecommuting,
and parking management programs. The agency shall consider parking
cash-out programs during the development and update of the travel
demand element.
(4) A program to analyze the impacts of land use decisions made by
local jurisdictions on regional transportation systems, including an
estimate of the costs associated with mitigating those impacts.
This program shall measure, to the extent possible, the impact to the
transportation system using the performance measures described in
paragraph (2). In no case shall the program include an estimate of
the costs of mitigating the impacts of interregional travel. The
program shall provide credit for local public and private
contributions to improvements to regional transportation systems.
However, in the case of toll road facilities, credit shall only be
allowed for local public and private contributions which are
unreimbursed from toll revenues or other state or federal sources.
The agency shall calculate the amount of the credit to be provided.
The program defined under this section may require implementation
through the requirements and analysis of the California Environmental
Quality Act, in order to avoid duplication.
(5) A seven-year capital improvement program, developed using the
performance measures described in paragraph (2) to determine
effective projects that maintain or improve the performance of the
multimodal system for the movement of people and goods, to mitigate
regional transportation impacts identified pursuant to paragraph (4).
The program shall conform to transportation-related vehicle
emission air quality mitigation measures, and include any project
that will increase the capacity of the multimodal system. It is the
intent of the Legislature that, when roadway projects are identified
in the program, consideration be given for maintaining bicycle access
and safety at a level comparable to that which existed prior to the
improvement or alteration. The capital improvement program may also
include safety, maintenance, and rehabilitation projects that do not
enhance the capacity of the system but are necessary to preserve the
investment in existing facilities.
(c) The agency, in consultation with the regional agency, cities,
and the county, shall develop a uniform data base on traffic impacts
for use in a countywide transportation computer model and shall
approve transportation computer models of specific areas within the
county that will be used by local jurisdictions to determine the
quantitative impacts of development on the circulation system that
are based on the countywide model and standardized modeling
assumptions and conventions. The computer models shall be consistent
with the modeling methodology adopted by the regional planning
agency. The data bases used in the models shall be consistent with
the data bases used by the regional planning agency. Where the
regional agency has jurisdiction over two or more counties, the data
bases used by the agency shall be consistent with the data bases used
by the regional agency.
(d) (1) The city or county in which a commercial development will
implement a parking cash-out program that is included in a congestion
management program pursuant to subdivision (b), or in a deficiency
plan pursuant to Section 65089.4, shall grant to that development an
appropriate reduction in the parking requirements otherwise in effect
for new commercial development.
(2) At the request of an existing commercial development that has
implemented a parking cash-out program, the city or county shall
grant an appropriate reduction in the parking requirements otherwise
applicable based on the demonstrated reduced need for parking, and
the space no longer needed for parking purposes may be used for other
appropriate purposes.
(e) Pursuant to the federal Intermodal Surface Transportation
Efficiency Act of 1991 and regulations adopted pursuant to the act,
the department shall submit a request to the Federal Highway
Administration Division Administrator to accept the congestion
management program in lieu of development of a new congestion
management system otherwise required by the act.
SEC. 7. Section 39 of the Harbors and Navigation Code is amended
to read:
39. Any construction or development authorized by this division
that also constitutes a project within the definition of Section
10105 of the Public Contract Code, when performed by the state, shall
be subject to the State Contract Act.
SEC. 8. Section 98005 of the Public Utilities Code is amended to
read:
98005. "Transit" means the transportation of passengers only and
their incidental baggage by means other than by chartered bus,
sightseeing bus, or any other motor vehicle not on an individual
fare-paying basis, and includes rapid transit. Nothing in this
section shall be construed to prohibit the district from leasing its
buses to private certified public carriers or to prohibit the
district from providing schoolbus service for the transportation of
pupils between their homes and schools.
SEC. 9. Section 99317.1 of the Public Utilities Code is amended to
read:
99317.1. (a) Funds appropriated pursuant to subdivision (a) of
Section 99317 shall, in addition to the purposes specified in that
section, be available for short-line railroad rehabilitation
projects, through the state transportation improvement program.
(1) Projects eligible for funding pursuant to this subdivision
shall be limited to railroad rehabilitation projects.
(2) To be eligible for funding pursuant to this subdivision, a
project proposal shall be submitted by a public entity. The public
entity shall submit a project proposal only if it has made a finding,
following a public hearing, that rail service on the affected
railroad would be in imminent danger of being discontinued without
the expenditure of public funds, and that continuation of the service
serves a public purpose.
(b) As used in this section, "short-line railroad" means any
standard gauge railroad which is being, or is planned to be, used for
passenger service, other than a class I railroad, as that term is
used and applied in federal law.
SEC. 10. Section 99317.2 of the Public Utilities Code is repealed.
SEC. 11. Section 99317.8 of the Public Utilities Code is amended
to read:
99317.8. (a) A public agency that has received an allocation for
funding of an intermodal transfer station pursuant to subdivision (a)
of Section 99317 shall provide for maintaining the station and its
appurtenances, including, but not limited to, restroom facilities, in
good condition and repair, and in accordance with high standards of
cleanliness. As part of its duties in monitoring state-funded rail
and bus services, the department shall, at least annually, conduct an
unannounced inspection of each facility and make recommendations, if
any, to the operating agency. Results of the department's
inspections shall be included in the passenger rail element of the
State Rail Plan required pursuant to Section 14036 of the Government
Code. If appropriate remedial action is not taken, the department
may recommend to the commission that future applications for transit
capital funding be denied.
(b) The Legislature finds and declares that regular inspections of
intermodal stations are necessary to protect the state's capital
investment in these essential transportation facilities and to avoid
the problems resulting from deferred maintenance.
SEC. 12. Section 99317.9 of the Public Utilities Code is amended
to read:
99317.9. The department and the commission shall give reasonable
priority to allocations pursuant to subdivision (a) of Section 99317
to station projects that improve access for visitors to state
prisons.
SEC. 13. Section 99317.10 of the Public Utilities Code is amended
to read:
99317.10. (a) A public entity which has received an allocation
for funding of an intermodal transfer station pursuant to subdivision
(a) of Section 99317 shall, upon request of the department,
authorize state-funded bus service to use the station without any
charge to the department or its contractors, and shall assist the
department in the placement of signs and informational material
designed to alert the public to the availability of the state-funded
bus service.
(b) A public entity shall not be eligible to receive an allocation
for funding of an intermodal transfer station pursuant to
subdivision (a) of Section 99317 unless it first agrees that, upon
any future request of the department, it will authorize a
state-funded bus service to use the station without any charge to the
department or its contractors and it will assist the department in
the placement of signs and informational material designed to alert
the public to the availability of the state-funded bus service.
(c) For the purpose of this section, "state-funded bus service"
means any bus service funded pursuant to Section 99316.
SEC. 14. Section 99318.1 of the Public Utilities Code is amended
to read:
99318.1. An intercity rail project nominated by the department
shall be eligible to compete for funding pursuant to Section 99317 if
it is recommended in the passenger rail element of the State Rail
Plan prepared pursuant to Section 14036 of the Government Code, or an
update to that plan.
SEC. 15. Section 99318.4 of the Public Utilities Code is repealed.
SEC. 16. Section 99319 of the Public Utilities Code is amended to
read:
99319. (a) If a rail capital improvement project proposed for
funding by the department or a local agency includes as an element
the addition or improvement of rail passenger service boarding
platforms, those platforms shall be constructed in conformity with
applicable rules and orders of the Public Utilities Commission and in
such a manner that the top of each platform is not less than eight
inches above the adjacent rails, unless the department makes a
finding that the circumstances in a particular case warrant otherwise
and obtains approval from the Public Utilities Commission for any
deviation from its applicable rules and orders.
(b) The requirements of this section apply to all passenger
service boarding platforms constructed with funds made available
pursuant to Section 14031.6 of the Government Code, Sections 99234.5,
99234.9 and 99317 of this code, Section 164 of the Streets and
Highways Code, and funds made available from the proceeds of state
general obligation bonds issued for the purposes of rail capital
improvements.
SEC. 17. Section 172 of the Streets and Highways Code is repealed.
SEC. 18. Section 182.7 of the Streets and Highways Code is amended
to read:
182.7. (a) Notwithstanding Sections 182 and 182.5, Sections 188,
188.8, and 825 do not apply to the expenditure of an amount of
federal funds equal to the amount of federal funds apportioned to the
state pursuant to subsection (b)(2) of Section 104 of Title 23 of
the United States Code. These funds shall be known as the congestion
mitigation and air quality program funds and shall be expended in
accordance with Section 149 of Title 23 of the United States Code.
The department, the transportation planning agencies, and the
metropolitan planning organizations may do all things necessary in
their jurisdictions to secure and expend those federal funds in
accordance with the intent of federal law and this chapter.
(b) The congestion mitigation and air quality program funds,
including any funds to which subsection (c) of Section 110 of Title
23 of the United States Code, as added by subdivision (a) of Section
1310 of Public Law 105-178, applies, shall be apportioned by the
department to the metropolitan planning organizations designated
pursuant to Section 134 of Title 23 of the United States Code and, in
areas where none has been designated, to the transportation planning
agency established by Section 29532 of the Government Code. The
funds shall be apportioned to metropolitan planning organizations and
transportation planning agencies responsible for air quality
conformity determinations in federally designated air quality
nonattainment and maintenance areas within the state in the manner
and in accordance with the formula set forth in subsection (b)(2) of
Section 104 of Title 23 of the United States Code. Funds apportioned
under this subdivision shall remain available for three federal
fiscal years, including the federal fiscal year apportioned.
(c) Notwithstanding subdivision (b), where county transportation
commissions have been created by Division 12 (commencing with Section
130000) of the Public Utilities Code, all congestion mitigation and
air quality program funds shall be further apportioned by the
metropolitan planning organization to the county transportation
commission on the basis of relative population within the federally
designated air quality nonattainment and maintenance areas after
first apportioning to the nonattainment and maintenance areas in the
manner and in accordance with the formula set forth in subsection (b)
(2) of Section 104 of Title 23 of the United States Code.
In the Monterey Bay region, all congestion mitigation and air
quality improvement program funds shall be further apportioned, on
the basis of relative population, by the metropolitan planning
organization to the regional transportation planning agencies
designated under subdivision (b) of Section 29532 of the Government
Code.
(d) The department shall notify each metropolitan planning
organization, transportation planning agency, and county
transportation commission receiving an apportionment under this
section, as soon as possible each year, of the amount of obligational
authority estimated to be available for expenditure from the federal
apportionment. The metropolitan planning organizations,
transportation planning agencies, and county transportation
commissions, in cooperation with the department, congestion
management agencies, cities and counties, and affected transit
operators, shall select and program projects in conformance with
federal law. Each metropolitan planning organization and
transportation planning agency shall, not later than August 1 of each
even-numbered year beginning in 1994, submit its transportation
improvement program prepared pursuant to Section 134 of Title 23 of
the United States Code to the department for incorporation into the
state transportation improvement program.
(e) Not later than July 1 of each year, the metropolitan planning
organizations and the regional transportation planning agencies
receiving obligational authority under this section, shall notify the
department of the projected amount of obligational authority that
each entity intends to use during the remainder of the current
federal fiscal year, including, but not limited to, a list of
projects that will use the obligational authority. Any federal
obligational authority that will not be used shall be redistributed
by the department to other projects in a manner that ensures that the
state will continue to compete for and receive increased
obligational authority during the federal redistribution of
obligational authority. If the department does not have sufficient
federal apportionments to fully use excess obligational authority,
the metropolitan planning organization or transportation planning
agency relinquishing obligational authority shall make sufficient
apportionments available to the department to fund alternate
projects, when practical, within the geographical areas relinquishing
the obligational authority. Notwithstanding this subdivision, the
department shall comply with subsection (f) of Section 133 of Title
23 of the United States Code.
(f) The department shall be responsible for closely monitoring the
use of federal transportation funds, including congestion management
and air quality funds to assure full and timely use. The department
shall prepare a quarterly report for submission to the commission
regarding the progress in use of all federal transportation funds.
The department shall notify the commission and the appropriate
implementation agency whenever there is a failure to use federal
funds within the three-year apportionment period established under
subdivision (b).
(g) The department shall provide written notice to implementing
agencies when there is one year remaining within the three-year
apportionment period established under subdivision (b).
(h) Within six months of the date of notification required under
subdivision (g), the implementing agency shall provide to the
department a plan to obligate funds that includes, but need not be
limited to, a list of projects and milestones.
(i) If the implementing agency has not met the milestones
established in the implementation plan required under subdivision
(h), prior to the end of the three-year apportionment period
established under subdivision (b), the commission shall redirect
those funds for use on other transportation projects in the state.
(j) Congestion mitigation and air quality program funds
available under this section exchanged pursuant to Section 182.8 may
be loaned to and expended by the department. The department shall
repay to the Traffic Congestion Relief Fund all funds received as
federal reimbursements for funds exchanged under Section 182.8 as
they are received from the Federal Highway Administration.
SEC. 18.5. Section 182.7 of the Streets and Highways Code is
amended to read:
182.7. (a) Notwithstanding Sections 182 and 182.5, Sections 188,
188.8, and 825 do not apply to the expenditure of an amount of
federal funds equal to the amount of federal funds apportioned to the
state pursuant to subsection (b)(2) of Section 104 of Title 23 of
the United States Code. These funds shall be known as the congestion
mitigation and air quality program funds and shall be expended in
accordance with Section 149 of Title 23 of the United States Code.
The department, the transportation planning agencies, and the
metropolitan planning organizations may do all things necessary in
their jurisdictions to secure and expend those federal funds in
accordance with the intent of federal law and this chapter.
(b) The congestion mitigation and air quality program funds,
including any funds to which subsection (c) of Section 110 of Title
23 of the United States Code, as added by subdivision (a) of Section
1310 of Public Law 105-178, applies, shall be apportioned by the
department to the metropolitan planning organizations designated
pursuant to Section 134 of Title 23 of the United States Code and, in
areas where none has been designated, to the transportation planning
agency established by Section 29532 of the Government Code. The
funds shall be apportioned to metropolitan planning organizations and
transportation planning agencies responsible for air quality
conformity determinations in federally designated air quality
nonattainment and maintenance areas within the state in the manner
and in accordance with the formula set forth in subsection (b)(2) of
Section 104 of Title 23 of the United States Code. Funds apportioned
under this subdivision shall remain available for three federal
fiscal years, including the federal fiscal year apportioned.
(c) Notwithstanding subdivision (b), where county transportation
commissions have been created by Division 12 (commencing with Section
130000) of the Public Utilities Code, all congestion mitigation and
air quality program funds shall be further apportioned by the
metropolitan planning organization to the county transportation
commission on the basis of relative population within the federally
designated air quality nonattainment and maintenance areas after
first apportioning to the nonattainment and maintenance areas in the
manner and in accordance with the formula set forth in subsection (b)
(2) of Section 104 of Title 23 of the United States Code.
In the Monterey Bay region, all congestion mitigation and air
quality improvement program funds shall be further apportioned, on
the basis of relative population, by the metropolitan planning
organization to the regional transportation planning agencies
designated under subdivision (b) of Section 29532 of the Government
Code.
(d) The department shall notify each metropolitan planning
organization, transportation planning agency, and county
transportation commission receiving an apportionment under this
section, as soon as possible each year, of the amount of obligational
authority estimated to be available for expenditure from the federal
apportionment. The metropolitan planning organizations,
transportation planning agencies, and county transportation
commissions, in cooperation with the department, congestion
management agencies, cities and counties, and affected transit
operators, shall select and program projects in conformance with
federal law. Each metropolitan planning organization and
transportation planning agency shall, not later than August 1 of each
even-numbered year beginning in 1994, submit its transportation
improvement program prepared pursuant to Section 134 of Title 23 of
the United States Code to the department for incorporation into the
state transportation improvement program.
(e) Not later than July 1 of each year, the metropolitan planning
organizations and the regional transportation planning agencies
receiving obligational authority under this section, shall notify the
department of the projected amount of obligational authority that
each entity intends to use during the remainder of the current
federal fiscal year, including, but not limited to, a list of
projects that will use the obligational authority. Any federal
obligational authority that will not be used shall be redistributed
by the department to other projects in a manner that ensures that the
state will continue to compete for and receive increased
obligational authority during the federal redistribution of
obligational authority. If the department does not have sufficient
federal apportionments to fully use excess obligational authority,
the metropolitan planning organization or transportation planning
agency relinquishing obligational authority shall make sufficient
apportionments available to the department to fund alternate
projects, when practical, within the geographical areas relinquishing
the obligational authority. Notwithstanding this subdivision, the
department shall comply with subsection (f) of Section 133 of Title
23 of the United States Code.
(f) The department shall be responsible for closely monitoring the
use of federal transportation funds, including congestion management
and air quality funds to assure full and timely use. The department
shall prepare a quarterly report for submission to the commission
regarding the progress in use of all federal transportation funds.
The department shall notify the commission and the appropriate
implementation agency whenever there is a failure to use federal
funds within the three-year apportionment period established under
subdivision (b).
(g) The department shall provide written notice to implementing
agencies when there is one year remaining within the three-year
apportionment period established under subdivision (b).
(h) Within six months of the date of notification required under
subdivision (g), the implementing agency shall provide to the
department a plan to obligate funds that includes, but need not be
limited to, a list of projects and milestones.
(i) If the implementing agency has not met the milestones
established in the implementation plan required under subdivision
(h), prior to the end of the three-year apportionment period
established under subdivision (b), the commission shall redirect
those funds for use on other transportation projects in the state.
(j) Congestion mitigation and air quality program funds available
under this section exchanged pursuant to Section 182.8 may be loaned
to and expended by the department. The department shall repay from
the State Highway Account to the Traffic Congestion Relief Fund all
funds received as federal reimbursements for funds exchanged under
Section 182.8 as they are received from the Federal Highway
Administration, except that those repayments are not required to be
made more frequently than on a quarterly basis.
SEC. 19. Section 182.8 of the Streets and Highways Code is amended
to read:
182.8. (a) It is the intent of the Legislature that this program
help increase flexibility in the use of state and federal funding to
complete transportation improvements. The ability to exchange
certain federal funds for state funds may enhance that flexibility.
However, it is the intent of the Legislature that the commission make
these exchanges only if the exchanges do not compromise other state
funded projects or activities.
(b) The commission shall propose guidelines and procedures to
implement this section, hold a public hearing on the guidelines, and
adopt the guidelines on or before February 1, 2001. The commission
shall begin the exchange program on or before February 1, 2001, if it
determines that funding is available for that purpose. The
commission may amend its guidelines after holding a public hearing,
but may not amend the guidelines between the time it notifies
regional transportation planning agencies of the amount of state
funds available for exchange and its approval of projects for
exchange in any given year.
(c) On or before January 5 of each year, the department shall
report to the commission the amounts apportioned as federal local
assistance in the regional surface transportation and congestion
mitigation and air quality programs for the year, the Federal
Obligation Authority for the year, and the amount of federal funds it
expects to be able to obligate for work on projects in all programs
on or before September 30 of that year, and the commission, in
cooperation with the department, shall determine the amount of state
funds from the Traffic Congestion Relief Fund that can be made
available for exchange under this section. If the release of federal
apportionments and obligational authority is delayed beyond November
1 in any year, all the dates specified in this section shall be
extended by an equivalent time, however, all federal funds exchanged
shall be obligated on or before September 30 of the current federal
fiscal year.
(d) The commission may exchange funds under this section if it
determines all of the following:
(1) Adequate state funds are available to accomplish the exchange
without putting at risk other transportation activities or projects
needing state funds.
(2) Any exchange will be consistent with full implementation of
the Traffic Congestion Relief Act of 2000.
(3) Federal funds received in exchange can be readily and
effectively used on other projects or activities by the state during
the federal fiscal year.
(e) After making the determinations set forth in subdivision (d)
the commission may offer to exchange state funds from the Traffic
Congestion Relief Fund for federal local assistance funds, subject to
the limits imposed under this section. For the purpose of this
section, "federal local assistance" funds means regional surface
transportation program or congestion mitigation and air quality
program apportionments received that federal fiscal year and
apportioned as local assistance pursuant to Sections 182.6 and 182.7.
(f) Not later than February 1 of each year, the commission shall
notify the regional transportation planning agencies of the amount of
state funds available for exchange for federal local assistance
funds for that year. The maximum amount of state funds to be
exchanged may not exceed 50 percent of the total amount of federal
regional surface transportation program and congestion mitigation and
air quality program funds apportioned for the current fiscal year as
local assistance pursuant to subdivision (b) of Section 182.6 and
subdivision (b) of Section 182.7, exclusive of state funds that may
be exchanged pursuant to subdivision (g) of Section 182.6, paragraphs
(1) and (2) of subdivision (h) of Section 182.6, or Section 182.7.
Federal funds exchanged under this program shall be available for
projects identified by the commission as ready to obligate during
determination of the amount available for exchange. The amount of
exchange may not exceed the department's ability to obligate all
federal funds during the current federal fiscal year. The commission
may not exchange state funds for regional surface transportation
program funds required to be spent for transportation enhancements.
This section does not affect the amount of exchange under subdivision
(g) of Sections 182.6, or paragraphs (1) and (2) of subdivision (h)
of Section 182.6.
(g) Regional transportation planning agencies may submit
applications for exchange of funds to the commission not later than
March 15 of each year. Applications shall identify the proposed use
for the exchange funds, including project descriptions, cost
estimates, scopes of work, schedules for construction, schedules for
expenditures, and any other information required by the commission.
The commission may require a region to identify priorities among
applications it submits.
(h) If the commission receives applications for more exchange
funds than the amount of state funds available, the commission shall
select projects for exchange up to the amount of state funds
available. The commission shall explain the criteria it uses to
select projects, which shall include, but are not limited to, all of
the following:
(1) Removal of all federal funds from projects.
(2) Assessment of projects that would benefit most from removal of
federal funding because of size, type, location, agency capability,
features, or federal requirements.
(3) Approximate relative equity within the program among regions
in receiving state exchange funds over a multiyear period.
(i) The commission may exchange state funds for federal local
assistance funds with agencies requesting exchanges. Agencies
wishing to exchange their federal funds shall provide apportionments
and obligation authority at the same rate the Federal Highway
Administration distributes obligation authority. Agencies exchanging
federal funds shall receive funds equal to 90 percent of the
obligation authority exchanged. The commission shall approve
exchanges of funds not later than its second regularly scheduled
meeting following March 15 each year.
(j) The commission shall determine an exchange payment schedule
based on expenditure plans. The commission may suspend exchange
payment schedules if it determines projects are not proceeding.
(k) For financial display and reporting purposes, obligational
authority received pursuant to this section shall be reported as a
revenue accrual in the Traffic Congestion Relief Fund in the year in
which the exchange is approved under subdivision (i). Funds approved
for exchange shall be accrued as expenditures in the year in which
the exchange is approved. Notwithstanding Section 16362 of the
Government Code, the department shall repay from the State Highway
Account to the Traffic Congestion Relief Fund all funds received as
federal reimbursements for funds exchanged under this section as they
are received from the Federal Highway Administration, except that
those repayments are not required to be made more frequently than on
a quarterly basis.
(l) State funds provided through an exchange under this section
shall be encumbered within one year and expended within three years.
(m) Upon adoption of its implementing guidelines, the commission
may consider requests for exchanges under this section.
(n) Regional and local agencies shall use state exchange funds
only for projects or purposes for which the federal local assistance
funds being exchanged were originally intended, and may not supplant
local funds on projects in order that those local funds can
subsequently be used for nontransportation purposes. The commission
may require agencies to certify that they are meeting this
requirement. Agencies not meeting this maintenance of effort
requirement may not be allowed to participate in the next exchange
cycle.
(o) The commission shall include a summary of exchanges made
pursuant to this section in its annual report to the Governor and
Legislature pursuant to Section 14556.36, including an assessment of
progress in implementing projects funded by exchanges, and discussion
of issues and recommendations related to implementation of the
exchange program.
(p) Not later than the effective date of the reauthorization of
the federal surface transportation act, the commission shall submit a
report to the Governor and the Legislature recommending any changes
in the exchange program necessitated by that reauthorization.
SEC. 19.5. Section 183.3 of the Streets and Highways Code is
repealed.
SEC. 20. Section 188.6 of the Streets and Highways Code is
repealed.
SEC. 21. Section 319 of the Streets and Highways Code, as amended
by Section 1 of Chapter 172 of the Statutes of 1999, is amended to
read:
319. (a) Route 19 is from Route 1 near Long Beach to Route 164
near Pico Rivera.
(b) The portion of Route 19 that is between Del Amo Boulevard in
the City of Long Beach and Route 1 in that city shall cease to be a
state highway pursuant to the terms of a cooperative agreement
between the City of Long Beach and the department providing for the
relinquishment of that portion of the highway to that city.
(c) (1) The commission may relinquish to the City of Downey the
portion of Route 19 located between Century Boulevard and Telegraph
Road within that city, upon terms and conditions the commission finds
to be in the best interests of the state and pursuant to the terms
of a cooperative agreement between the City of Downey and the
department.
(2) A relinquishment under this subdivision shall become effective
immediately following the county recorder's recordation of the
relinquishment resolution containing the commission's approval of the
terms and conditions of the relinquishment.
(d) (1) The commission may relinquish to the City of Bellflower
the portion of Route 19 located between the southerly city limit of
the City of Bellflower near Rose Avenue and Foster Road within that
city, upon terms and conditions the commission finds to be in the
best interests of the state and pursuant to the terms of a
cooperative agreement between that city and the department.
(2) A relinquishment under this subdivision shall become effective
immediately following the county recorder's recordation of the
relinquishment resolution containing the commission's approval of the
terms and conditions of the relinquishment.
(e) Any portion of Route 19 relinquished pursuant to subdivision
(c) or (d) shall cease to be a state highway on the effective date of
the relinquishment.
(f) This section shall become inoperative on the effective date of
the relinquishment described in subdivision (c) or (d), whichever
date is later, and as of January 1 following that date is repealed.
SEC. 22. Section 319 of the Streets and Highways Code, as added by
Section 2 of Chapter 172 of the Statutes of 1999, is amended to
read:
319. (a) Route 19 is from:
(1) Del Amo Boulevard near Long Beach to the southerly city limit
of the City of Bellflower near Rose Avenue in the City of Bellflower.
(2) The Downey city limit at Telegraph Road to Route 164 (Galatin
Road) near Pico Rivera.
(b) This section shall become operative on the later date, as
between the effective date of the relinquishment by the commission to
the City of Downey of the portion of Route 19 located between
Century Boulevard and Telegraph Road within the City of Downey,
pursuant to subdivision (c) of Section 319, and the effective date of
the relinquishment by the commission to the City of Bellflower of
the portion of Route 19 located between the southerly city limit of
the City of Bellflower near Rose Avenue and Foster Road within the
City of Bellflower, pursuant to subdivision (d) of Section 319, as
that section read on the day before it was repealed pursuant to the
act that amended this section during the 2001-02 Regular Session.
SEC. 23. Section 2105.1 of the Streets and Highways Code is
repealed.
SEC. 24. Section 2108 of the Streets and Highways Code is amended
to read:
2108. The balance of the money in the Highway Users Tax Account
in the Transportation Tax Fund, after making the apportionments or
appropriations, as the case may be, pursuant to Sections 2104 to
2107.7, inclusive, shall be transferred to the State Highway Account
in the State Transportation Fund for expenditure in accordance with
Section 163.
SEC. 25. Section 2121 of the Streets and Highways Code is amended
to read:
2121. (a) In May of each year each county shall submit to the
department any additions or exclusions from its mileage of maintained
county highways, specifying the termini and mileage of each route
added or excluded from its county maintained roads. The department
shall either approve or disapprove each inclusion or exclusion. A
county may appeal any disapproval as provided in Section 74. The
department shall certify county mileage figures to the Controller, as
required. No appeal shall affect any apportionment made by the
Controller pending the determination of the appeal. If, on appeal,
additional mileage is allowed the county, the department shall
immediately certify the corrected figure to the Controller, and the
same shall be used for subsequent apportionments.
(b) Upon relinquishing any state highway or portion thereof to a
county, the department shall immediately certify to the Controller
the mileage so relinquished and the same shall immediately be added
to the county's maintained mileage of county roads for purposes of
subsequent apportionments.
SEC. 26. (a) The Department of Transportation, in consultation
with the Office of Planning and Research, shall conduct a statewide
rail transportation assessment. The assessment shall be conducted in
cooperation with regional and local transportation agencies and
private freight railroads. The assessment shall incorporate both a
passenger and a freight rail systems portion. The passenger rail
systems portion of the assessment shall include intercity, commuter,
and urban rail systems.
(b) (1) Based on the assessment, the department shall prepare a
report. The assessment and report shall do all of the following:
(A) Examine how the different modes of rail transportation
interconnect with each other and with other forms of transportation.
The assessment shall investigate where there are gaps in
connectivity between passenger rail systems. The report shall make
recommendations for improving connectivity for passenger and freight
rail.
(B) Identify where there are currently high levels of freight and
passenger rail track congestion and where agencies project future
rail congestion problems. The report shall make recommendations for
capital projects that would alleviate or prevent the onset of track
congestion.
(C) Report on plans for capital projects for each rail
transportation agency, both public and private, over the next 10
years. Capital projects include improvements that enhance public
safety, including, but not limited to, grade crossing separations,
that increase track capacity, including, but not limited to, passing
tracks or siding, and that increase passenger services, including,
but not limited to, additional passenger cars and locomotives. The
report shall identify where plans for capital improvements or
services by one rail agency will conflict with plans for capital
improvements or services with another rail agency.
(D) Examine the cost effectiveness of current findings for rail
projects.
(2) Based on findings from the assessment described in subdivision
(a), the report shall include an estimate, with documentation, of
statewide unfunded capital and operating needs over the next 10 years
for each rail transportation agency.
(c) The department shall submit the report required under this
section to the Legislature on or before October 1, 2002.
SEC. 27. Section 18.5 of this bill incorporates amendments to
Section 182.7 of the Streets and Highways Code proposed by both this
bill and Assembly Bill 1705. It shall only become operative if (1)
both bills are enacted and become effective on or before January 1,
2002, (2) each bill amends Section 182.7 of the Streets and Highways
Code, and (3) this bill is enacted after Assembly Bill 1705, in which
case Section 182.7 of the Streets and Highways Code as amended by
Assembly Bill 1705, shall remain operative only until the operative
date of this bill, at which time Section 18.5 of this bill shall
become operative, and Section 18 of this bill shall not become
operative.