BILL NUMBER: SB 184	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 9, 2007

INTRODUCED BY   Senators Alquist and Correa

                        FEBRUARY 6, 2007

   An act to amend Section 14529.17 of the Government Code, relating
to transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 184, as amended, Alquist. Transportation projects.
   Existing law authorizes a regional or local entity that is the
sponsor of, or is eligible to receive funding for, a project
contained in the state transportation improvement program to expend
its own funds for any component of a project within its jurisdiction
that is included in an adopted state transportation improvement
program, and for which the commission has not made an allocation.
Existing law requires these expenditures to be reimbursed by the
state, under specified conditions. Existing law limits these
provisions to projects advanced for expenditures by an eligible
 local or  regional  or local  entity
within the 12 months preceding the date the project would otherwise
be allocated funding by the commission.
   This bill would instead limit these provisions to projects
advanced for expenditure by an eligible  local or 
regional  or local  entity that are programmed in the
current fiscal year of the state transportation improvement program,
 would require the regional or local entity to request an
allocation from the commission no later than the time of the first
expenditure for the project,  and would make other related
changes  to authorize future reimbursement allocations
 .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 14529.17 of the Government Code is amended to
read:
   14529.17.  (a) A regional or local entity that is the sponsor of,
or is eligible to receive funding for, a project contained in the
state transportation improvement program may expend its own funds for
any component of a transportation project within its jurisdiction
that is included in an adopted state transportation improvement
program and for which the commission has not made an allocation. It
is the intent of the Legislature that local funds expended to advance
eligible projects programmed in the state transportation improvement
program shall be reimbursed if the requirements of this section are
satisfied. 
   (b) No later than the time of the first expenditure, the regional
or local entity shall request an allocation for the project, which
shall include a notice to the commission of its intent to expend its
own funds in accordance with this section.  
   (b) 
    (c)  The amount expended under subdivision (a) shall be
reimbursed by the state, subject to annual appropriation by the
Legislature, if all of the following conditions are met:
   (1) The commission makes an allocation for, and the department
executes an agreement to transfer funds for, the project.
   (2) Expenditures made by the regional or local entity are eligible
for reimbursement in accordance with state and federal laws and
procedures. In the event expenditures made by the regional or local
entity are determined to be ineligible, the state has no obligation
to reimburse those expenditures.
   (3) The regional or local entity complies with all legal
requirements for the project, including, but not limited to,
authorization by the federal government, if required, Section
14520.3, and the requirements of the California Environmental Quality
Act (Division 13 (commencing with Section 21000) of the Public
Resources Code). 
   (c) 
    (d)  Upon the execution of an agreement with the
department to transfer reimbursement funds for a project described in
subdivision (a), the commission may delay reimbursement pursuant to
this section only if programming or cash-management issues prevent
immediate repayment. 
   (d) 
    (e)  This section shall be limited to projects advanced
for expenditure by an eligible  local or regional 
 regional or local  entity programmed in the current fiscal
year of the state transportation improvement program. 
   (e) Within 12 months of the first expenditure, the regional or
local entity shall request an allocation for the project. If the
commission finds that the project meets all of the requirements of an
allocation but there are insufficient state and federal funds
available to support the allocation, the commission shall approve the
project for future allocation, which shall constitute an allocation
for the purpose of paragraph (1) of subdivision (b). Nothing

    (f)     Nothing  in this section shall
establish a priority for allocations made by the commission.

   (f) 
    (g)  Nothing in this section shall allow for the
establishment of a timeframe limiting reimbursement to a regional or
local entity so long as the regional or local entity has requested an
allocation under the timeline established in subdivision 
(e)   (b)  and the project is included in the
adopted state transportation improvement program when the allocation
reimbursement is approved by the commission. 
   (g) 
    (h)  Unless otherwise agreed in advance by the
commission and the department, the funds appropriated for the
purposes of reimbursement under this section shall be federal funds
and state matching funds.