BILL NUMBER: AB 168 CHAPTERED 09/01/99 CHAPTER 278 FILED WITH SECRETARY OF STATE SEPTEMBER 1, 1999 APPROVED BY GOVERNOR AUGUST 31, 1999 PASSED THE ASSEMBLY AUGUST 23, 1999 PASSED THE SENATE AUGUST 19, 1999 AMENDED IN SENATE JULY 15, 1999 AMENDED IN ASSEMBLY APRIL 5, 1999 INTRODUCED BY Assembly Member Ackerman JANUARY 15, 1999 An act to add and repeal Section 99315.5 of the Public Utilities Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGEST AB 168, Ackerman. Transportation: funding: Orange County. Existing law apportions funds to each county from the Highway Users Tax Account in the State Transportation Fund for county road projects. However, with regard to Orange County, $1,916,667 is apportioned during each calendar month commencing with July 1, 1997, and ending June 30, 2013, to the Orange County Transportation Authority instead of the county, with the remaining apportionments paid to the county. This bill would authorize the authority to participate in a funding exchange program whereby the authority would exchange with the Department of Transportation funds apportioned and paid to the authority as specified above for certain state funds appropriated to the department. The bill would impose certain conditions upon the exchange of funds. The bill would provide that its provisions shall become inoperative on June 30, 2003, and would be repealed on January 1, 2004, unless a later enacted statute deletes or extends those inoperative and repeal dates. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature intends the funding exchange program authorized under this act to accomplish both of the following: (a) Enable the Orange County Transportation Authority to continue operating bus and paratransit services at existing levels and thus comply with the legislative intent expressed in subdivision (d) of Section 29530.5 of the Government Code. (b) Reduce the need, generated under the funding diversion process established pursuant to Section 29530.5 of the Government Code, for filings with the Controller by the authority's local funding exchange partners. SEC. 2. Section 99315.5 is added to the Public Utilities Code, to read: 99315.5. (a) Pursuant to an agreement between the board of directors of the Orange County Transportation Authority and the department, the authority, acting as the board of directors of the Orange County Transit District, may exchange with the department funds apportioned and paid to the authority under paragraph (1) of subdivision (a) of Section 2128 of the Streets and Highways Code for state funds appropriated to the department under subdivision (c) of Section 99315, as follows: (1) The authority shall notify the director on or before March 1 of its desire to participate during the subsequent fiscal year in the funding exchange program authorized under this section. (2) Upon receipt of the notice required under paragraph (1), the director shall determine whether any of the funds to be appropriated to the department under subdivision (c) of Section 99315 will be available for the exchange and, on or before April 1, shall report to the Legislature and the Governor on all of the following: (A) The amount that will be available for exchange. (B) The state programs proposed to be funded during the following fiscal year with funds appropriated to the department under subdivision (c) of Section 99315, and the amounts proposed for each of those programs. (C) The impacts of the proposed transfer of funds on each of those programs. (3) Based upon the information provided under paragraph (2), the Legislature shall determine the portion of the department's appropriation under subdivision (c) of Section 99315 that may be allocated and transferred to the authority for the purposes of this section and shall designate that amount in the Budget Act. (4) Upon receiving the appropriation under subdivision (c) of Section 99315, the department shall allocate and transfer to the authority from that appropriation the amount designated for that purpose under paragraph (3). (5) Upon receiving the funds transferred under paragraph (4) and the apportionment under paragraph (1) of subdivision (a) of Section 2128 of the Streets and Highways Code, the authority shall transfer to the department from that payment an amount equal to the amount received under paragraph (4). (b) (1) Nothing in this section affects the allocations under Sections 99313, 99314, and 99315. (2) The department may not reduce any request for appropriation for any program funded under Section 99313, 99314, or 99315, except for programs funded under subdivision (c) of Section 99315, as a result of participating in the funding exchange program authorized under this section. (c) The department shall expend the funds received from the authority under paragraph (5) of subdivision (a) exclusively for programs and projects funded from the Public Transportation Account in the State Transportation Fund, to the extent that the expenditure is authorized under Article XIX of the California Constitution. (d) Funds received by the authority under paragraph (4) of subdivision (a) shall be used only for the purposes authorized under this article and are subject to all of the provisions of law applicable to funds allocated under Sections 99313 and 99314. (e) This section shall become inoperative on June 30, 2003, and as of January 1, 2004, is repealed, unless a later enacted statute that becomes operative on or before January 1, 2004, deletes or extends the dates on which it becomes inoperative and is repealed.