BILL NUMBER: AB 453	CHAPTERED  09/22/05

	CHAPTER  298
	FILED WITH SECRETARY OF STATE  SEPTEMBER 22, 2005
	APPROVED BY GOVERNOR  SEPTEMBER 22, 2005
	PASSED THE ASSEMBLY  AUGUST 30, 2005
	PASSED THE SENATE  AUGUST 22, 2005
	AMENDED IN SENATE  AUGUST 16, 2005
	AMENDED IN ASSEMBLY  MARCH 29, 2005

INTRODUCED BY   Assembly Member Benoit
   (Coauthors: Assembly Members Bogh, Chavez, Cogdill, Daucher,
Emmerson, Haynes, Huff, Matthews, Maze, Mountjoy, and Oropeza)
   (Coauthors: Senators Cox and Dutton)

                        FEBRUARY 15, 2005

   An act to amend Sections 2456 and 2458 of the Streets and Highways
Code, relating to transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 453, Benoit  Grade separation projects.
   Existing law requires the California Transportation Commission to
make allocations for grade separation projects, as defined. Existing
law requires, in order for an allocation for construction costs, or
for preconstruction costs if not already allocated, to be made, that
a local agency furnish certain evidence satisfactory to the
Department of Transportation, including that all matters prerequisite
to the award of the construction contract can be accomplished within
one year after the allocation.
   This bill would require, in order for an allocation for
construction costs, or for preconstruction costs if not already
allocated, to be made, that a local agency furnish evidence
satisfactory to the department that all matters prerequisite to the
award of a construction contract can be accomplished within 2 years
after the allocation.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 2456 of the Streets and Highways Code is
amended to read:
   2456.  An allocation for construction costs, including
preconstruction costs if not already allocated, shall be made to a
local agency only if it furnishes evidence satisfactory to the
department that all necessary orders of the Public Utilities
Commission have been executed, that sufficient local funds will be
made available as the work of the project progresses, that all
necessary agreements with affected railroad or railroads have been
executed that, if required, all environmental impact reports have
been prepared and approvals obtained, and that all other matters
prerequisite to the award of the construction contract can be
accomplished within two years after the allocation. Local funds shall
be deemed available to the amount of any general obligation bonds
authorized but unsold if it is determined that those bonds may be
issued and sold by the local agency at any time.
  SEC. 2.  Section 2458 of the Streets and Highways Code is amended
to read:
   2458.  Except as provided in this section, allocations shall
remain available until expended. If a construction contract has not
been awarded within two years after an allocation for construction
costs, the commission may order the allocation canceled and such
funds shall revert to the fund set aside for purposes of this
chapter. All or any part of an allocation for preconstruction costs
may be canceled and such funds shall revert to the fund set aside for
purposes of this chapter upon a finding that insufficient progress
is being made to complete the project. Where an allocation is
canceled pursuant to this section, the local agency shall reimburse
the fund set aside for purposes of this chapter the portion of the
allocation which is not reverted as set forth in this section. The
department shall determine, with the local agency, as to the time of
repayment.