Amended in Senate August 29, 2013

Amended in Senate August 22, 2013

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 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:

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 Section 104(b)(4) of Title 23 of the United
States Code. These funds shall be known as the congestion
mitigation and air quality begin insert improvement end insert program funds and shall
be expended in accordance with Section 149 of Title 23 of the
United States Code, including the requirements relating to
begin delete particular end delete begin insert particulate end insert matter less than 2.5 micrometers in diameter
in subsections (g) and (k) of the section. 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 begin insert improvement end insert
program funds 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.
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 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 the 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.

(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 begin insert improvement end insert 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 subdivision (b).

In the Monterey Bay region, all congestion mitigation and air
quality begin insert improvement end insert 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 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 begin insert improvement end insert program 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 begin insert improvement end insert 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.