BILL NUMBER: SB 1282	CHAPTERED  09/25/06

	CHAPTER  451
	FILED WITH SECRETARY OF STATE  SEPTEMBER 25, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 25, 2006
	PASSED THE ASSEMBLY  AUGUST 23, 2006
	PASSED THE SENATE  MAY 4, 2006
	AMENDED IN SENATE  MAY 2, 2006
	AMENDED IN SENATE  MARCH 29, 2006

INTRODUCED BY   Senator Ducheny

                        FEBRUARY 14, 2006

   An act to add Section 164.1 to the Streets and Highways Code,
relating to transportation, and declaring the urgency thereof, to
take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1282, Ducheny  Transportation: federal funds: border
infrastructure program.
   Existing law generally provides for programming by the California
Transportation Commission of state and federal transportation funds
pursuant to the state transportation improvement program process,
subject to various funding distribution and fair share formulas.
Existing federal law, the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) apportions
federal transportation funds to the states for various purposes,
including funds for a coordinated border infrastructure program.
   This bill would require federal funds apportioned to the state
under the coordinated border infrastructure program of SAFETEA-LU to
be programmed, allocated, and expended in the same manner as other
federal transportation capital funds in the state transportation
improvement program, except that these federal funds would be exempt
from being included in the transportation funds subject to the
distribution and fair share formulas. The bill would also authorize
these funds to be used for projects located in Mexico. The bill would
authorize any nonfederal funds needed to match these federal funds
to be programmed from any available local source or any available
state transportation funding source, with the concurrence of the
applicable regional transportation planning agency.
  This bill would declare that it is to take effect immediately as an
urgency statute.


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


  SECTION 1.  Section 164.1 is added to the Streets and Highways
Code, to read:
   164.1.  (a) Federal funds derived from apportionments made to the
state under Section 1101(a)(11) of the federal Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users
(SAFETEA-LU; P.L. 109-59) for the coordinated border infrastructure
program established under Section 1303 of that act shall be included
and separately identified in the fund estimates prepared pursuant to
Sections 14524 and 14525 of the Government Code, the interregional
transportation improvement program submitted by the department
pursuant to Section 14526 of the Government Code, and the state
transportation improvement program adopted by the commission pursuant
to Section 14529 of the Government Code. Except as otherwise
provided in subdivision (b), these funds shall be programmed,
allocated, and expended in the same manner as other federal funds
made available for capital improvement projects in the state
transportation improvement program.
   (b) Notwithstanding any other provision of law:
   (1) The programming, allocation, and expenditure of the funds
described in subdivision (a) may be for any purpose authorized under
federal law, including projects in Mexico.
   (2) The funds described in subdivision (a) shall not be subject to
the distribution formulas and limitations described in Section 164.

   (3) The nonfederal match for the funds described in subdivision
(a) may be programmed from any available local source, or any
available state transportation funding source, including other state
transportation improvement program funding, if the regional
transportation planning agency concurs.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to establish a process for the programming and
expenditure of federal border infrastructure funds as quickly as
possible, it is necessary that this act take effect immediately.