BILL NUMBER: AB 466 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 14, 2013
INTRODUCED BY Assembly Member Quirk-Silva
FEBRUARY 19, 2013
An act to amend Section 99214 182.7
of the Public Utilities Streets and
Highways Code, relating to public transit
transportation .
LEGISLATIVE COUNSEL'S DIGEST
AB 466, as amended, Quirk-Silva. Public transportation:
local transportation fund. Federal transportation
funds.
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.
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.
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.
This bill would make a nonsubstantive change to this definitional
provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 182.7 of the Streets
and Highways Code is amended to read:
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 subsection (b)(2) of Section
104 104(b)(4) 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
, 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, 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
or 29532.1 of the Government Code. The
All funds apportioned to the state pursuant to Section 104
(b)(4) of Title 23 of the United States Code 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 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 as follows:
(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.
(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:
(A) A factor of 1.0, if, at the time of apportionment, the area is
a maintenance area.
(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.).
(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.).
(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.).
(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.).
(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.).
(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.
(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.).
(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.
(4) Funds allocated under this
subdivision shall remain available for three federal fiscal years,
including the federal fiscal year apportioned.
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.
(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
subsection (b)(2) of Section 104 of Title 23 of the United States
Code subdivision (b) .
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
apportionments funding 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
paragraph (4) of 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 paragraph (4) of
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 paragraph (4) of 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.
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.