BILL NUMBER: AB 1164 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 12, 2011
AMENDED IN SENATE JUNE 28, 2011
AMENDED IN ASSEMBLY APRIL 7, 2011
INTRODUCED BY Assembly Member Gordon
FEBRUARY 18, 2011
An act to add and repeal Article 13 (commencing with
Section 8879.79) to Chapter 12.491 of Division 1 of Title 12 of the
Government Code, relating to transportation, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1164, as amended, Gordon. Federal transportation funds.
Existing law generally provides for programming and allocation of
state and federal transportation capital improvement program funds
pursuant to the state transportation improvement program process
administered by the California Transportation Commission.
Existing law provides for allocation of certain other
transportation capital improvement funds outside the state
transportation improvement program process, including federal
regional surface transportation improvement program funds, state bond
funds, funds set aside for state highway rehabilitation under the
state highway operation and protection program, and funds from
various other sources.
Existing law authorizes the Department of Transportation, with the
approval of the Director of Finance, to make loans from the State
Highway Account of certain federal transportation economic stimulus
funds to advance bond-funded projects pursuant to the Highway Safety,
Traffic Reduction, Air Quality, and Port Security Bond Act of 2006,
as specified.
This bill would enact similar provisions authorizing the
department , until September 30, 2015, to make loans from
the State Highway Account of other specified federal transportation
funds to advance bond-funded projects pursuant to the Highway Safety,
Traffic Reduction, Air Quality, and Port Security Bond Act of 2006
that meet certain requirements. The bill would appropriate those
federal transportation funds in the State Highway Account for these
purposes and would require those funds to be obligated to advance the
bond-funded projects, as specified. The bill would require the loans
to be repaid to the State Highway Account within 3 years
from the proceeds of bonds sold pursuant to the bond act and would
provide for the appropriation of those repaid funds to the department
for use on projects in the state highway operation and protection
program or the local assistance program, as specified. The bill would
require the department to report to the Joint Legislative Budget
Committee each year that federal transportation funds are loaned
pursuant to these provisions.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 13 (commencing with Section 8879.79) is added
to Chapter 12.491 of Division 1 of Title 12 of the Government Code,
to read:
Article 13. Federal Transportation Funds
8879.79. (a) Notwithstanding any other provision of law, the
department, with the approval of the Director of Finance and the
California Transportation Commission , may make a loan or
loans from the State Highway Account of federal funds made available
to it pursuant to Title 23 of the United States Code for purposes of
advancing a project, or a portion of a project, that has been
programmed, to be funded by Chapter 12.49 (commencing with Section
8879.20). The department may make a loan of federal funds under
this section only if it has determined that the loan of those funds
will not impact the department's ability to fund
programmed projects delivered under the State Highway Operations and
Protection Program or the State Transportation Improvement Program.
The board, as defined in subdivision (a) of Section 8879.22,
may request the department to make a loan or loans. The aggregate
amount of the request shall not exceed the amount of the unsold bonds
that the committee, as defined in subdivision (b) of Section
8879.22, has, by resolution, authorized to be sold, less any amount
loaned pursuant to Section 8879.31 or withdrawn pursuant to Section
8879.32. Federal funds loaned under this section are hereby
appropriated for that purpose, and shall be obligated directly to the
project or projects funded under this section. That obligation shall
be considered a loan of federal funds as authorized by this section.
The loan or loans shall be repaid without interest to the State
Highway Account from the proceeds of bonds sold pursuant to Chapter
12.49 (commencing with Section 8879.20) within three years of
the date of the original loan . The board shall execute any
documents as required by the department to obtain and repay the loan
or loans.
(b) (1) Except as specified in paragraph (2), upon repayment of a
loan made pursuant to subdivision (a), those funds are hereby
appropriated to the department for use on projects in the state
highway operation and protection program.
(2) If a loan of funds pursuant to subdivision (a) is made from
local subvention funds, the funds received for repayment of the loan
are hereby appropriated to the department for use in the local
assistance program consistent with the manner in which the loaned
federal funds would have otherwise been used.
(c) Federal funds loaned under this section shall be limited by
the department as necessary to ensure that priority, to the extent
allowable under federal law, is given to the use of federal funds for
projects that repair or rehabilitate the existing transportation
system and for state transportation improvement program projects.
(d) Within 45 days after the end of each fiscal year in which the
loan authority under subdivision (a) has been exercised, the
department shall report to the Joint Legislative Budget Committee on
the loans made and the methodology used for selecting the projects
funded.
(e) The loan authority provided by this section shall be available
only until September 30, 2015.
(f) This article shall become inoperative when all loans are
repaid pursuant to subdivision (a), and shall be repealed on January
1, 2019, unless a later enacted statute that is enacted before
January 1, 2019, deletes or extends the dates on which it becomes
inoperative or is repealed.