Amended in Senate August 22, 2013

Amended in Assembly March 14, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 466


Introduced by Assembly Member Quirk-Silva

February 19, 2013


An act to amend Section 182.7 of the Streets and Highways Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

AB 466, as amended, Quirk-Silva. 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P1    1

SECTION 1.  

Section 182.7 of the Streets and Highways Code
2 is amended to read:

P2    1

182.7.  

(a) Notwithstanding Sections 182 and 182.5, Sections
2188, 188.8, and 825 do not apply to the expenditure of an amount
3of federal funds equal to the amount of federal funds apportioned
4to the state pursuant to Section 104(b)(4) of Title 23 of the United
5States Code. These funds shall be known as the congestion
6mitigation and air quality program funds and shall be expended in
7accordance with Section 149 of Title 23 of the United Statesbegin delete Code.end delete
8begin insert Code, including the requirements relating to particular matter
9less than 2.5 micrometers in diameter in subsections (g) and (k)
10of the section.end insert
The department, the transportation planning
11 agencies, and the metropolitan planning organizations may do all
12things necessary in their jurisdictions to secure and expend those
13federal funds in accordance with the intent of federal law and this
14chapter.

15(b) The congestion mitigation and air quality program funds
16shall be apportioned by the department to the metropolitan planning
17organizations designated pursuant to Section 134 of Title 23 of
18the United States Code and, in areas where none has been
19designated, to the transportation planning agency established by
20Section 29532 or 29532.1 of the Government Code. All funds
21apportioned to the state pursuant to Section 104(b)(4) of Title 23
22of the United States Code shall be apportioned to metropolitan
23planning organizations and transportation planning agencies
24responsible for air quality conformity determinations in federally
25designated air quality nonattainment and maintenance areas within
26the state as follows:

27(1) The department shall apportion these funds in the ratio that
28the weighted nonattainment and maintenance population in each
29federally designated area within the state bears to the total of all
30weighted nonattainment and maintenance area populations in the
31state.

32(2) Subject to paragraph (3), the weighted nonattainment and
33maintenance area population shall be calculated by multiplying
34the population of each area in the state that is a nonattainment area
35or maintenance area as described in Section 149(b) of Title 23 of
36the United States Code for ozone or carbon monoxide by the
37following factors:

38(A) A factor of 1.0, if, at the time of apportionment, the area is
39a maintenance area.

P3    1(B) A factor of 1.0, if, at the time of the apportionment, the area
2is classified as a marginal ozone nonattainment area under Subpart
32 of Part D of Title I of the Clean Air Act (42 U.S.C. Sec. 7511 et
4seq.).

5(C) A factor of 1.1, if, at the time of the apportionment, the area
6is classified as a moderate ozone nonattainment area under Subpart
72 of Part D of Title I of the Clean Air Act (42 U.S.C. Sec. 7511 et
8seq.).

9(D) A factor of 1.2, if, at the time of the apportionment, the area
10is classified as a serious ozone nonattainment area under Subpart
112 of Part D of Title I of the Clean Air Act (42 U.S.C. Sec. 7511 et
12seq.).

13(E) A factor of 1.3, if, at the time of the apportionment, the area
14is classified as a severe ozone nonattainment area under Subpart
152 of Part D of Title I of the Clean Air Act (42 U.S.C. Sec. 7511 et
16seq.).

17(F) A factor of 1.4, if, at the time of the apportionment, the area
18is classified as an extreme ozone nonattainment area under Subpart
192 of Part D of Title I of the Clean Air Act (42 U.S.C. Sec. 7511 et
20seq.).

21(G) A factor of 1.0, if, at the time of the apportionment, the area
22is not a nonattainment or maintenance area for ozone, but is
23classified under Subpart 3 of Part D of Title I of the Clean Air Act
24(42 U.S.C. Sec. 7512 et seq.) as a nonattainment area for carbon
25monoxide.

26(H) A factor of 1.0, if, at the time ofbegin insert theend insert apportionment, an area
27is designated as a nonattainment area for ozone under Subpart 1
28of Part D of Title I of the Clean Air Act (42 U.S.C. Sec. 7512 et
29seq.).

30(3) If, in addition to being designated as a nonattainment or
31maintenance area for ozone as described in paragraph (2), any
32county within the area is also classified under Subpart 3 of Part D
33of Title I of the Clean Air Act (42 U.S.C. Sec. 7512 et seq.) as a
34nonattainment or maintenance area described in paragraph (2) for
35carbon monoxide, the weighted nonattainment or maintenance
36area population of the county, as determined under subparagraphs
37(A) to (F), inclusive, or subparagraph (H) of paragraph (2), shall
38be further multiplied by a factor of 1.2.

P4    1(4) Funds allocated under this subdivision shall remain available
2for three federal fiscal years, including the federal fiscal year
3apportioned.

4(c) Notwithstanding subdivision (b), where county transportation
5commissions have been created by Division 12 (commencing with
6Section 130000) of the Public Utilities Code, all congestion
7mitigation and air quality program funds shall be further
8apportioned by the metropolitan planning organization to the
9county transportation commission on the basis of relative
10population within the federally designated air quality nonattainment
11and maintenance areas after first apportioning to the nonattainment
12and maintenance areas in the manner and in accordance with the
13formula set forth in subdivision (b).

14In the Monterey Bay region, all congestion mitigation and air
15qualitybegin delete improvementend delete program funds shall be further apportioned,
16on the basis of relative population, by the metropolitan planning
17organization to the regional transportation planning agencies
18designated under subdivision (b) of Section 29532 of the
19Government Code.

20(d) The department shall notify each metropolitan planning
21organization, transportation planning agency, and county
22transportation commission receiving an apportionment under this
23section, as soon as possible each year, of the amount of obligational
24authority estimated to be available for expenditure from the federal
25apportionment. The metropolitan planning organizations,
26transportation planning agencies, and county transportation
27commissions, in cooperation with the department, congestion
28management agencies, cities and counties, and affected transit
29operators, shall select and program projects in conformance with
30federal law. Each metropolitan planning organization and
31transportation planning agency shall, not later than August 1 of
32each even-numbered year beginning in 1994, submit its
33transportation improvement program prepared pursuant to Section
34134 of Title 23 of the United States Code to the department for
35incorporation into the state transportation improvement program.

36(e) Not later than July 1 of each year, the metropolitan planning
37organizations and the regional transportation planning agencies
38receiving obligational authority under this section, shall notify the
39department of the projected amount of obligational authority that
40each entity intends to use during the remainder of the current
P5    1federal fiscal year, including, but not limited to, a list of projects
2that will use the obligational authority. Any federal obligational
3authority that will not be used shall be redistributed by the
4department to other projects in a manner that ensures that the state
5will continue to compete for and receive increased obligational
6authority during the federal redistribution of obligational authority.
7If the department does not have sufficient federal apportionments
8to fully use excess obligational authority, the metropolitan planning
9organization or transportation planning agency relinquishing
10obligational authority shall make sufficient funding available to
11the department to fund alternate projects, when practical, within
12the geographical areas relinquishing the obligational authority.
13Notwithstanding this subdivision, the department shall comply
14with subsection (f) of Section 133 of Title 23 of the United States
15Code.

16(f) The department shall be responsible for closely monitoring
17the use of federal transportation funds, including congestion
18management and air qualitybegin insert programend insert funds to assure full and timely
19use. The department shall prepare a quarterly report for submission
20to the commission regarding the progress in use of all federal
21transportation funds. The department shall notify the commission
22and the appropriate implementation agency whenever there is a
23failure to use federal funds within the three-year apportionment
24period established under paragraph (4) of subdivision (b).

25(g) The department shall provide written notice to implementing
26agencies when there is one year remaining within the three-year
27apportionment period established under paragraph (4) of
28subdivision (b).

29(h) Within six months of the date of notification required under
30subdivision (g), the implementing agency shall provide to the
31department a plan to obligate funds that includes, but need not be
32limited to, a list of projects and milestones.

33(i) If the implementing agency has not met the milestones
34established in the implementation plan required under subdivision
35(h), prior to the end of the three-year apportionment period
36established under paragraph (4) of subdivision (b), the commission
37shall redirect those funds for use on other transportation projects
38in the state.

39(j) Congestion mitigation and air quality program funds available
40under this section exchanged pursuant to Section 182.8 may be
P6    1loaned to and expended by the department. The department shall
2repay from the State Highway Account to the Traffic Congestion
3Relief Fund all funds received as federal reimbursements for funds
4exchanged under Section 182.8 as they are received from the
5Federal Highway Administration, except that those repayments
6are not required to be made more frequently than on a quarterly
7basis.

8(k) Prior to determining the amount for local subvention required
9by this section, the department shall first deduct the amount
10authorized by the Legislature for increased department oversight
11of the federal subvented program.



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