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SB-137 Federal transportation funds: state exchange programs.(2019-2020)



Current Version: 10/08/19 - Chaptered         Compare Versions information image


SB137:v95#DOCUMENT

Senate Bill No. 137
CHAPTER 639

An act to add Section 182.85 to the Streets and Highways Code, relating to transportation.

[ Approved by Governor  October 08, 2019. Filed with Secretary of State  October 08, 2019. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 137, Dodd. Federal transportation funds: state exchange programs.
Existing federal law apportions transportation funds to the states under various programs, including the Surface Transportation Program and the Highway Safety Improvement Program, subject to certain conditions on the use of those funds. Existing law provides for the allocation of certain of those funds to local entities. Existing law provides for the exchange of federal and state transportation funds between local entities and the state under certain circumstances.
Existing law requires that all moneys in the State Highway Account in the State Transportation Fund derived from federal sources or from appropriations to other state agencies, or deposited in the account by local agencies or by others, to be continuously appropriated to, and available for expenditure by, the Department of Transportation for the purposes for which the money was made available, including, among other purposes, transportation improvements.
This bill would authorize the Department of Transportation to allow the above-described federal transportation funds that are allocated as local assistance to be exchanged for nonfederal State Highway Account funds appropriated to the department on a dollar-for-dollar basis for federal local assistance funds received by a city, county, or city and county, as specified. The bill would require, among other things, the total amount of federal funds exchanged to not exceed $100,000,000 during each federal fiscal year. The bill would also require the department to consult with the League of California Cities and the California State Association of Counties on implementation.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 182.85 is added to the Streets and Highways Code, to read:

182.85.
 (a) For purposes of this section, the term “federal local assistance funds” means either of the following:
(1) Highway Safety Improvement Program (23 U.S.C. Sec. 148) apportionments received in a federal fiscal year (23 U.S.C. Sec. 104(b)(3)) and allocated as local assistance pursuant to this chapter, excluding funds that are set aside for the railway-highway crossings program (23 U.S.C. Sec. 130).
(2) Federal funds apportioned for local bridge projects.
(b) To increase flexibility in the use of state and federal funding to complete transportation improvements, the department may exchange nonfederal State Highway Account funds on a dollar-for-dollar basis for federal local assistance funds received by a city, county, or city and county.
(c) Participating agencies exchanging their federal funds shall provide apportionments and obligation authority at the same rate the Federal Highway Administration distributes obligation authority.
(d) The department shall not exchange state funds pursuant to this section unless the exchange meets all of the following criteria:
(1) The exchange will be used by the city, county, or city and county for projects or purposes for which the federal local assistance funds being exchanged were originally intended in order to meet national transportation goals and performance management measures (23 U.S.C. Sec. 150), and the exchange will satisfy the intent of the Legislature, as described in Section 2333.
(2) The exchange will not put at risk other transportation activities or projects needing state funds.
(3) Federal funds received in exchange can be readily and effectively used on other projects by the state during the federal fiscal year.
(4) The amount of exchange will not exceed the department’s ability to obligate all federal funds received in exchange during the current federal fiscal year.
(5) The total amount of federal funds exchanged pursuant to this section does not exceed one hundred million dollars ($100,000,000) during the federal fiscal year.
(e) The department shall consult with the League of California Cities and the California State Association of Counties on implementing this section.