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AB-1845 Highway-railroad grade separations.(2007-2008)

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AB1845:v97#DOCUMENT

Amended  IN  Assembly  April 16, 2008
Amended  IN  Assembly  April 03, 2008

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Assembly Bill
No. 1845

Introduced  by  Assembly Member Duvall, Horton
 (Coauthor(s): Assembly Member Garrick)

January 28, 2008

An act to amend Section 2453 of, to repeal Sections 191, 2104.1, and 2107.6 of, and to repeal and add Section 190 of, the Streets and An act to amend and repeal Sections 190, 191, 2104.1, and 2107.6 of, to add and repeal Section 2462 of, and to repeal Chapter 10 (commencing with Section 2450) of Division 3 of, the Streets and Highways Code, relating to transportation.


LEGISLATIVE COUNSEL'S DIGEST


AB 1845, as amended, Duvall. Highway-railroad grade separations.
Existing law provides for the Department of Transportation to include $15,000,000 in its annual proposed budget for highway-railroad grade separation projects. Existing law requires the Public Utilities Commission to establish an annual priority list for expenditure of these funds, which are allocated to specific projects by the California Transportation Commission. Existing law, pursuant to Proposition 1B, approved by the voters at the November 7, 2006 general election, provides for the allocation of $250,000,000 in general obligation bond funds to grade separation projects. It requires $150,000,000 of these funds to be available pursuant to the above-described priority list process, with certain exceptions, and the remaining $100,000,000 to be available for allocation by the California Transportation Commission to projects that are not part of that process.
This bill would repeal make inoperative the requirement for the department to include $15,000,000 in its annual budget for highway-railroad grade separation projects. The bill would authorize projects for highway-railroad grade separations to compete for funding through the state transportation improvement program process on the date that the Director of Transportation notifies the Secretary of State that all funds made available for grade separation projects by the above-referenced bond act have been fully allocated and expended, and all required expenditure reports have been completed, and would repeal these provisions on January 1 of the year commencing thereafter. The bill would make conforming changes to make inoperative and repeal various other related provisions. The bill would also require notification of certain legislative committees in that regard, and would provide for the reversion of any unallocated State Highway Account funds budgeted for grade separations to that account.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 190 of the Streets and Highways Code is amended to read:

190.
 (a) Each annual proposed budget prepared pursuant to Section 165 shall include the sum of fifteen million dollars ($15,000,000), which sum may include federal funds available for grade separation projects, for allocations to grade separation projects, in accordance with Chapter 10 (commencing with Section 2450) of Division 3. The funds included for such purposes pursuant to this section each fiscal year, or by any other provision of law, shall be available for allocation and expenditure without regard to fiscal years.
(b) This section shall be inoperative upon the notification by the Director of Transportation to the Secretary of State that the funds made available to grade separation projects by the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 pursuant to subdivision (j) of Section 8879.23 of the Government Code have been fully allocated and expended, and all required expenditure reports have been completed, and shall be repealed on January 1 of the year commencing after that date. A copy of that notification shall also be provided to the budget and transportation committees of the Legislature. Any funds appropriated pursuant to this section and remaining unallocated on the date this section becomes inoperative shall revert to the State Highway Account at that time.

SEC. 2.

 Section 191 of the Streets and Highways Code is amended to read:

191.
 (a) Prior to each July 15, the department shall prepare and forward to the Controller a report identifying the amounts to be deducted from the allocations under Sections 2104 and 2107 as provided in Sections 2104.1 and 2107.6. The amounts shall be a proration of five million dollars ($5,000,000), less the federal subventions for grade separation projects included in allocations made pursuant to Chapter 10 (commencing with Section 2450) of Division 3 in the preceding fiscal year in excess of three million dollars ($3,000,000). The proration shall be based on the ratio that grade separation allocations to cities, and grade separation allocations to counties, bears to the total allocations in the preceding fiscal year.
(b) This section shall be inoperative upon the notification by the Director of Transportation to the Secretary of State that the funds made available to grade separation projects by the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 pursuant to subdivision (j) of Section 8879.23 of the Government Code have been fully allocated and expended, and all required expenditure reports have been completed, and shall be repealed on January 1 of the year commencing after that date. A copy of that notification shall also be provided to the budget and transportation committees of the Legislature.

SEC. 3.

 Section 2104.1 of the Streets and Highways Code is amended to read:

2104.1.
 (a) The Controller shall deduct annually, from the amount apportioned pursuant to Section 2104, the amount identified as applicable to counties in the report submitted in the preceding fiscal year pursuant to Section 191, and shall transfer the amount to the State Highway Account.
(b) This section shall be inoperative upon the notification by the Director of Transportation to the Secretary of State that the funds made available to grade separation projects by the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 pursuant to subdivision (j) of Section 8879.23 of the Government Code have been fully allocated and expended, and all required expenditure reports have been completed, and shall be repealed on January 1 of the year commencing after that date. A copy of that notification shall also be provided to the budget and transportation committees of the Legislature.

SEC. 4.

 Section 2107.6 of the Streets and Highways Code is amended to read:

2107.6.
 (a) The Controller shall deduct annually, from the amount apportioned pursuant to Section 2107, the amount identified as applicable to cities in the report submitted in the preceding fiscal year pursuant to Section 191, and shall transfer the amount to the State Highway Account.
(b) This section shall be inoperative upon the notification by the Director of Transportation to the Secretary of State that the funds made available to grade separation projects by the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 pursuant to subdivision (j) of Section 8879.23 of the Government Code have been fully allocated and expended, and all required expenditure reports have been completed, and shall be repealed on January 1 of the year commencing after that date. A copy of that notification shall also be provided to the budget and transportation committees of the Legislature.

SEC. 5.

 Section 2462 is added to the Streets and Highways Code, to read:

2462.
 This chapter shall be inoperative upon the notification by the Director of Transportation to the Secretary of State that the funds made available to grade separation projects by the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 pursuant to subdivision (j) of Section 8879.23 of the Government Code have been fully allocated and expended, and all required expenditure reports have been completed, and shall be repealed on January 1 of the year commencing after that date. A copy of that notification shall also be provided to the budget and transportation committees of the Legislature.

SECTION 1.Section 190 of the Streets and Highways Code is repealed.
SEC. 2.Section 190 is added to the Streets and Highways Code, to read:
190.

Projects for highway-railroad grade separations may compete for funding through the state transportation improvement program process pursuant to Chapter 2 (commencing with Section 14520) of Division 3 of Title 2 of the Government Code. Federal funds available for grade separation projects may be allocated to those projects.

SEC. 3.Section 191 of the Streets and Highways Code is repealed.
SEC. 4.Section 2104.1 of the Streets and Highways Code is repealed.
SEC. 5.Section 2107.6 of the Streets and Highways Code is repealed.
SEC. 6.Section 2453 of the Streets and Highways Code is amended to read:
2453.

From any funds that may be set aside for expenditure pursuant to this chapter, the California Transportation Commission shall make allocations for projects contained in the latest priority list established pursuant to Section 2452. Those allocations shall be made for preconstruction costs and construction costs. Where allocations are made to a local agency, the requirements of Sections 2456 and 2457 shall first be met.