Amended in Assembly March 14, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 466

Introduced by Assembly Member Quirk-Silva

February 19, 2013

An act to amend Section begin delete 99214 end delete begin insert 182.7 end insert of the begin delete Public Utilities end delete begin insert Streets and Highways end insert Code, relating to begin delete public transit end delete begin insert transportation end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 466, as amended, Quirk-Silva. begin delete Public transportation: local transportation fund. end delete begin insert Federal transportation funds. end insert

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Existing law provides for the allocation of certain federal transportation funds apportioned to the state between state purposes administered by the Department of Transportation and local and regional purposes administered by various regional agencies, including funds made available under the federal Congestion Mitigation and Air Quality Improvement Program, as specified.

end insert begin insert

This bill would require the department to allocate federal funds to regional agencies under the federal Congestion Mitigation and Air Quality Improvement Program based on a weighted formula that considers population and pollution in a given area, as specified.

end insert begin delete

Existing law provides for the allocation by the designated transportation planning agency of funds in a county’s local transportation fund derived from 1⁄4% of the sales tax to transit operators for public transportation purposes and, in certain cases, to cities and counties for street and road purposes. Existing law defines “transportation planning agency” for these purposes.

end delete begin delete

This bill would make a nonsubstantive change to this definitional provision.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 182.7 of the end insert begin insert Streets and Highways Code end insert
begin insert is amended to read: end insert

182.7.  

(a) Notwithstanding Sections 182 and 182.5, Sections
188, 188.8, and 825 do not apply to the expenditure of an amount
of federal funds equal to the amount of federal funds apportioned
to the state pursuant to begin delete subsection (b)(2) of end delete Section begin delete 104 end delete begin insert 104(b)(4) end insert
of Title 23 of the United States Code. These funds shall be known
as the congestion mitigation and air quality program funds and
shall be expended in accordance with Section 149 of Title 23 of
the United States Code. The department, the transportation planning
agencies, and the metropolitan planning organizations may do all
things necessary in their jurisdictions to secure and expend those
federal funds in accordance with the intent of federal law and this
chapter.

(b) The congestion mitigation and air quality program funds begin delete ,
including any funds to which subsection (c) of Section 110 of Title
23 of the United States Code, as added by subdivision (a) of
Section 1310 of Public Law 105-178, applies, end delete shall be apportioned
by the department to the metropolitan planning organizations
designated pursuant to Section 134 of Title 23 of the United States
Code and, in areas where none has been designated, to the
transportation planning agency established by Section 29532 begin insert or
29532.1 end insert of the Government Code. begin delete The end delete begin insert All end insert funds begin insert apportioned to
the state pursuant to Section 104(b)(4) of Title 23 of the United
States Code end insert shall be apportioned to metropolitan planning
organizations and transportation planning agencies responsible for
air quality conformity determinations in federally designated air
quality nonattainment and maintenance areas within the state begin delete in
the manner and in accordance with the formula set forth in
subsection (b)(2) of Section 104 of Title 23 of the United States
Code. Funds apportioned end delete begin insert as follows: end insert

begin insert

(1) The department shall apportion these funds in the ratio that
the weighted nonattainment and maintenance population in each
federally designated area within the state bears to the total of all
weighted nonattainment and maintenance area populations in the
state.

end insert begin insert

(2) Subject to paragraph (3), the weighted nonattainment and
maintenance area population shall be calculated by multiplying
the population of each area in the state that is a nonattainment
area or maintenance area as described in Section 149(b) of Title
23 of the United States Code for ozone or carbon monoxide by the
following factors:

end insert begin insert

(A) A factor of 1.0, if, at the time of apportionment, the area is
a maintenance area.

end insert begin insert

(B) A factor of 1.0, if, at the time of the apportionment, the area
is classified as a marginal ozone nonattainment area under Subpart
2 of Part D of Title I of the Clean Air Act (42 U.S.C. Sec. 7511 et
seq.).

end insert begin insert

(C) A factor of 1.1, if, at the time of the apportionment, the area
is classified as a moderate ozone nonattainment area under
Subpart 2 of Part D of Title I of the Clean Air Act (42 U.S.C. Sec.
7511 et seq.).

end insert begin insert

(D) A factor of 1.2, if, at the time of the apportionment, the area
is classified as a serious ozone nonattainment area under Subpart
2 of Part D of Title I of the Clean Air Act (42 U.S.C. Sec. 7511 et
seq.).

end insert begin insert

(E) A factor of 1.3, if, at the time of the apportionment, the area
is classified as a severe ozone nonattainment area under Subpart
2 of Part D of Title I of the Clean Air Act (42 U.S.C. Sec. 7511 et
seq.).

end insert begin insert

(F) A factor of 1.4, if, at the time of the apportionment, the area
is classified as an extreme ozone nonattainment area under Subpart
2 of Part D of Title I of the Clean Air Act (42 U.S.C. Sec. 7511 et
seq.).

end insert begin insert

(G) A factor of 1.0, if, at the time of the apportionment, the area
is not a nonattainment or maintenance area for ozone, but is
classified under Subpart 3 of Part D of Title I of the Clean Air Act
(42 U.S.C. Sec. 7512 et seq.) as a nonattainment area for carbon
monoxide.

end insert begin insert

(H) A factor of 1.0, if, at the time of apportionment, an area is
designated as a nonattainment area for ozone under Subpart 1 of
Part D of Title I of the Clean Air Act (42 U.S.C. Sec. 7512 et seq.).

end insert begin insert

(3) If, in addition to being designated as a nonattainment or
maintenance area for ozone as described in paragraph (2), any
county within the area is also classified under Subpart 3 of Part
D of Title I of the Clean Air Act (42 U.S.C. Sec. 7512 et seq.) as
a nonattainment or maintenance area described in paragraph (2)
for carbon monoxide, the weighted nonattainment or maintenance
area population of the county, as determined under subparagraphs
(A) to (F), inclusive, or subparagraph (H) of paragraph (2), shall
be further multiplied by a factor of 1.2.

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begin insert (4) end insert begin insert   end insert begin insert Funds allocated end insert under this subdivision shall remain available
for three federal fiscal years, including the federal fiscal year
apportioned. begin delete Notwithstanding the foregoing, the formula for
distributing apportionments made to metropolitan planning
organizations and transportation planning agencies eligible for
funding according to subsection (b)(2) of Section 104 of Title 23
of the United States Code shall, for the 2007 and 2008 federal
fiscal years, provide apportionments for the Monterey Bay and
Santa Barbara regions such that each shall receive 50 percent of
its 2005 apportionment in federal fiscal year 2007 and 25 percent
of its 2005 apportionment in federal fiscal year 2008. end delete

(c) Notwithstanding subdivision (b), where county transportation
commissions have been created by Division 12 (commencing with
Section 130000) of the Public Utilities Code, all congestion
mitigation and air quality program funds shall be further
apportioned by the metropolitan planning organization to the
county transportation commission on the basis of relative
population within the federally designated air quality nonattainment
and maintenance areas after first apportioning to the nonattainment
and maintenance areas in the manner and in accordance with the
formula set forth in begin delete subsection (b)(2) of Section 104 of Title 23
of the United States Code end delete begin insert subdivision (b) end insert .

In the Monterey Bay region, all congestion mitigation and air
quality improvement program funds shall be further apportioned,
on the basis of relative population, by the metropolitan planning
organization to the regional transportation planning agencies
designated under subdivision (b) of Section 29532 of the
Government Code.

(d) The department shall notify each metropolitan planning
organization, transportation planning agency, and county
transportation commission receiving an apportionment under this
section, as soon as possible each year, of the amount of obligational
authority estimated to be available for expenditure from the federal
apportionment. The metropolitan planning organizations,
transportation planning agencies, and county transportation
commissions, in cooperation with the department, congestion
management agencies, cities and counties, and affected transit
operators, shall select and program projects in conformance with
federal law. Each metropolitan planning organization and
transportation planning agency shall, not later than August 1 of
each even-numbered year beginning in 1994, submit its
transportation improvement program prepared pursuant to Section
134 of Title 23 of the United States Code to the department for
incorporation into the state transportation improvement program.

(e) Not later than July 1 of each year, the metropolitan planning
organizations and the regional transportation planning agencies
receiving obligational authority under this section, shall notify the
department of the projected amount of obligational authority that
each entity intends to use during the remainder of the current
federal fiscal year, including, but not limited to, a list of projects
that will use the obligational authority. Any federal obligational
authority that will not be used shall be redistributed by the
department to other projects in a manner that ensures that the state
will continue to compete for and receive increased obligational
authority during the federal redistribution of obligational authority.
If the department does not have sufficient federal apportionments
to fully use excess obligational authority, the metropolitan planning
organization or transportation planning agency relinquishing
obligational authority shall make sufficient begin delete apportionments end delete begin insert funding end insert
available to the department to fund alternate projects, when
practical, within the geographical areas relinquishing the
obligational authority. Notwithstanding this subdivision, the
department shall comply with subsection (f) of Section 133 of Title
23 of the United States Code.

(f) The department shall be responsible for closely monitoring
the use of federal transportation funds, including congestion
management and air quality funds to assure full and timely use.
The department shall prepare a quarterly report for submission to
the commission regarding the progress in use of all federal
transportation funds. The department shall notify the commission
and the appropriate implementation agency whenever there is a
failure to use federal funds within the three-year apportionment
period established under begin insert paragraph (4) of end insert subdivision (b).

(g) The department shall provide written notice to implementing
agencies when there is one year remaining within the three-year
apportionment period established under begin insert paragraph (4) of end insert
subdivision (b).

(h) Within six months of the date of notification required under
subdivision (g), the implementing agency shall provide to the
department a plan to obligate funds that includes, but need not be
limited to, a list of projects and milestones.

(i) If the implementing agency has not met the milestones
established in the implementation plan required under subdivision
(h), prior to the end of the three-year apportionment period
established under begin insert paragraph (4) of end insert subdivision (b), the commission
shall redirect those funds for use on other transportation projects
in the state.

(j) Congestion mitigation and air quality program funds available
under this section exchanged pursuant to Section 182.8 may be
loaned to and expended by the department. The department shall
repay from the State Highway Account to the Traffic Congestion
Relief Fund all funds received as federal reimbursements for funds
exchanged under Section 182.8 as they are received from the
Federal Highway Administration, except that those repayments
are not required to be made more frequently than on a quarterly
basis.

(k) Prior to determining the amount for local subvention required
by this section, the department shall first deduct the amount
authorized by the Legislature for increased department oversight
of the federal subvented program.

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SECTION 1.  

Section 99214 of the Public Utilities Code is
amended to read:

99214.  

(a) “Transportation planning agency” means the entity
designated in Section 29532 or 29532.1 of the Government Code.

(b) “Transportation planning agency” also includes, for purposes
of this chapter, the county transportation commissions created in
the Counties of Los Angeles, Orange, Riverside, San Bernardino,
and Ventura pursuant to Division 12 (commencing with Section
130000).

(c) “Transportation planning agency” also includes, for purposes
of this chapter, the Imperial County Transportation Commission
in Imperial County.

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