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AB-1318 Transportation: federal-aid highway funds: nonfederal share.(1999-2000)

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Assembly Bill No. 1318
CHAPTER 628

An act to add Section 188.15 to the Streets and Highways Code, relating to transportation.

[ Filed with Secretary of State  October 10, 1999. Approved by Governor  October 05, 1999. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1318, Bates. Transportation: federal-aid highway funds: nonfederal share.
Existing federal law requires the federal share payable on any federal-aid highway project to be 90% of the total cost, except as specified. Certain federal provisions require states to provide a nonfederal share. States are authorized to use certain toll revenues as a credit toward the nonfederal share. California is also authorized to use private entity expenditures for construction of certain toll roads as a credit toward the nonfederal share.
This bill would prohibit using the specified funds and expenditures as a credit toward the nonfederal share for any project that is not within the county or counties in which the toll facility is located, unless the Department of Transportation determines that there is no project within that county or counties for which the credit may be used. The bill would require the department to obtain specific project proposals for use of the credit from the regional transportation planning agencies and county transportation commissions of the county or counties in which the toll facility is located and contingency project proposals for use of the credit outside the county or counties in which the toll facility is located should the department make the determination specified above.
The bill would prohibit certain county share allocations from being increased or reduced as a consequence of any toll revenues or private agency expenditures that are utilized as a credit toward the nonfederal share of any federally funded project.

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


SECTION 1.

 Section 188.15 is added to the Streets and Highways Code, to read:

188.15.
 (a) Except as authorized under subdivision (b), toll funds used as a credit toward the nonfederal share of any federal-aid highway project, as authorized under Section 120(j) of Title 23 of the United States Code, or private entity expenditures used for that purpose, as authorized under Section 1217(i) of the Transportation Equity Act for the 21st Century (P.L. 105-178), may not be used as a credit for any project that is not within the county or counties in which the toll facility is located.
(b) The toll funds and private expenditures described in subdivision (a) may be used as a credit toward a project located outside the county or counties in which the toll facility is located if the department determines that there is no project in the current state transportation improvement program cycle within that county or counties for which the credit may be used.
(c) The department shall do both of the following:
(1) Obtain specific project proposals for use of the credit described in subdivision (a) from the regional transportation planning agencies and county transportation commissions of the county or counties in which the toll facility is located.
(2) Obtain contingency project proposals for use of the credit outside the county or counties in which the toll facility is located, in preparation for the occurrence of the condition described in subdivision (b).
(d) The county share allocations, as computed under Section 188 or 188.8, may not be increased or reduced as a consequence of any toll revenues or private agency expenditures that are utilized under this section as a credit toward the nonfederal share of any federally funded project.