BILL NUMBER: SB 184	CHAPTERED  10/11/07

	CHAPTER  462
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2007
	APPROVED BY GOVERNOR  OCTOBER 11, 2007
	PASSED THE SENATE  SEPTEMBER 6, 2007
	PASSED THE ASSEMBLY  SEPTEMBER 5, 2007
	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, 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
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 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.


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.
   (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).
   (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.
   (e) This section shall be limited to projects advanced for
expenditure by an eligible regional or local entity programmed in the
current fiscal year of the state transportation improvement program.

   (f) Nothing in this section shall establish a priority for
allocations made by the commission.
   (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 (b) and the project is
included in the adopted state transportation improvement program when
the allocation reimbursement is approved by the commission.
   (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.