Today's Law As Amended

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AB-15 State Highway Operation and Protection Program: local streets and roads: appropriation.(2015-2016)

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As Amends the Law Today

SECTION 1.
Item 2660-001-0042 of Section 2.00 of the Budget Act of 2015 is amended to read:

SEC. 2.00. SECTION 1.

~~Items of appropriation.~~

2660-001-0042—For support of Department of Transportation, payable from the State Highway Account, State Transportation Fund ........................				1,788,213,000
	Schedule:
	(1)	1835010-Capital Outlay Support ........................	163,287,000
	(2)	1835020-Local Assistance ........................	52,241,000
	(3)	1835029-Program Development ........................	40,057,000
	(4)	1835038-Legal ........................	127,230,000
	(5)	1835047-Operations ........................	271,118,000
	(6)	1835056-Maintenance ........................	1,372,191,000
	(7)	1840019-State and Federal Mass Transit ........................	163,000
	(8)	1840028-Intercity Rail Passenger Program ........................	285,000
	(9)	1845013-Statewide Planning ........................	90,719,000
	(10)	9900100-Administration ........................	494,913,000
	(11)	9900200-Administration—Distributed ........................	−494,913,000
	(12)	1850010-Equipment Service Program ........................	188,729,000
	(13)	1850019-Equipment Service Program—Distributed ........................	−188,729,000
	(14)	Reimbursements to 1835010-Capital Outlay Support ........................	−265,471,000
	(15)	Reimbursements to 1835020-Local Assistance ........................	−1,214,000
	(16)	Reimbursements to 1835029-Program Development ........................	−860,000
	(17)	Reimbursements to 1835038-Legal ........................	−5,491,000
	(18)	Reimbursements to 1835047-Operations ........................	−31,873,000
	(19)	Reimbursements to 1835056-Maintenance ........................	−15,423,000
	(20)	Reimbursements to 1845013-Statewide Planning ........................	−8,746,000
	(21)	Reimbursements to 9900100-Administration ........................	−12,381,000
	(22)	Reimbursements to 9900200-Administration—Distributed ........................	12,381,000
	Provisions:
	1.	Notwithstanding any other provision of law, funds appropriated in this item from the State Highway Account may be reduced and replaced by an equivalent amount of federal funds determined by the Department of Transportation to be available and necessary to comply with Section 8.50 and the most effective management of state transportation resources. Not more than 30 days after replacing the state funds with federal funds, the Director of Finance shall notify in writing the chairpersons of the committees in each house of the Legislature that consider appropriations and the Chairperson of the Joint Legislative Budget Committee of this action.
	2.	Notwithstanding any other provision of law, funding appropriated in this item may be transferred to Item 2660-005-0042 to pay for any necessary insurance, debt service, and other financing-related expenditures for Department of Transportation-occupied office buildings. Any transfer will require the prior approval of the Department of Finance.
	3.	Notwithstanding any other provision of law, funds appropriated in this item may be supplemented with federal funding appropriation authority and with prior fiscal year State Highway Account appropriation balances at a level determined by the Department of Transportation as required to process claims utilizing federal advance construction through the plan of financial adjustment process pursuant to Sections 11251 and 16365 of the Government Code.
	4.	Notwithstanding any other provision of law, funds appropriated in Item 2660-001-0042, 50.00-Administration from the State Highway Account, may be reduced and replaced by an equivalent amount of reimbursements determined by the Department of Transportation to be available and necessary to comply with Section 28.50 and the most effective management of state transportation resources. The reimbursements may also be reduced and replaced by an equivalent amount of funds from the State Highway Account. Not more than 30 days after replacing the State Highway Account funds with reimbursements and vice versa, the Director of Finance shall notify in writing the chairpersons of the committees in each house of the Legislature that consider appropriations and the Chairperson of the Joint Legislative Budget Committee of this action.
	5.	Of the funds appropriated in Program 1835056-Maintenance, $231,660,000 is for major maintenance contracts for the preservation of highway pavement, and shall not be used to supplant any other funding that would have been used for major pavement maintenance.
	6.	Of the funds appropriated in Program 1835038-Legal, $68,556,000 is for the payment of tort lawsuit claims and awards. Any funds for that purpose that are unencumbered as of April 1, 2016, may be transferred to Item 2660-302-0042. Any transfer shall require the prior approval of the Department of Finance.
	7.	Of the funds appropriated in Program 1835010-Capital Outlay Support, transfers of expenditure authority may be made between Items 2660-001-0042, 2660-001-0890, 2660-002-3007, 2660-004-6055, 2660-004-6056, 2660-004-6058, 2660-004-6059, 2660-004-6060, 2660-004-6062, 2660-004-6063, 2660-004-6064, and 2660-004-6072 to accommodate changes in capital outlay and local assistance program-related workload by funding source or changes in availability of funds. The Department of Finance shall authorize the transfers not sooner than 30 days after notification of the necessity therefor in writing to the chairpersons of the committees in each house of the Legislature that consider appropriations and the Chairperson of the Joint Legislative Budget Committee.
	8.	The Department of Finance may augment the amount appropriated in Program 1835047-Operations, by up to $2,000,000 for the federal Americans with Disabilities Act of 1990 consultant contracts if the number of access requests and grievances exceeds the Department of Transportation’s projections. The Department of Finance shall authorize the augmentation not sooner than 30 days after notification of the necessity therefor in writing to the chairpersons of the committees in each house of the Legislature that consider appropriations and the Chairperson of the Joint Legislative Budget Committee.
	9.	Of the funds appropriated in Program 1845013-Statewide Planning, the Department of Transportation shall exempt project initiation document development and oversight services reimbursed from local government agencies from full cost recovery as outlined in its Indirect Cost Recovery Plan.
	10.	The Department of Transportation shall streamline the cooperative work agreement process related to project initiation document development and oversight to reduce costs to local agencies.
	11.	The Department of Finance may augment the amount appropriated in Schedule (14) by up to $900,000 for additional reimbursements from the High-Speed Rail Authority for the review and approval of environmental and engineering documents regarding circumstances in which the high-speed train system interfaces with the state highway system, as well as specific highway realignment projects related to the high-speed train system.
	12.	The Department of Transportation shall exempt the High-Speed Rail Authority from full cost recovery as outlined in its Indirect Cost Recovery Plan. The Department of Transportation will charge the High-Speed Rail Authority for functional overhead.
	13.	The Department of Transportation shall provide data related to its 2016–17 fiscal year Capital Outlay Support budget request on January 10, 2016.
	14.	Of the funds appropriated in Program 1835010-Capital Outlay Support, $272,000,000 is for overhead and corporate resources in support of the Capital Outlay Support Program. This amount may be adjusted pursuant to the provisions of Section 3.60 or provisions of Items 9800-001-0001, 9800-001-0494, or 9800-001-0988 with the concurrence of the Department of Finance. The Department of Transportation shall provide quarterly reports, to the Department of Finance, of actual expenditures for overhead and corporate resources beginning October 1, 2014. In addition, the Department of Transportation, in conjunction with the Department of Finance, shall review the overhead and corporate components of the Capital Outlay Support Program. Results associated with this review shall be included in the 2016–17 fiscal year annual May Revision Finance Letter.
	15.	Notwithstanding any other provision of law, of the amounts appropriated in Schedules (10) and (11), $8,781,000 shall be available for encumbrance through June 30, 2017, for the purposes of the Road Usage Charge Pilot Program, pursuant to Chapter 835, Statutes of 2014.
	16.	For Program 1835010-Capital Outlay Support, appropriations from all funding sources up to 973 out of a total of 9,703 full time equivalent staff resources may be used at an average annual labor rate of $233,400, totaling $227,041,000, for project direct external consultant and professional services related to project delivery.
	17.	The Department of Transportation, in conjunction with the Department of Finance, shall adjust the amounts in Provisions 14 and 16 to account for the $500,000,000 reduction in appropriation for Program 1835010-Capital Outlay Support.

SEC. 2.
The sum of five hundred million dollars ($500,000,000) is appropriated from the State Highway Account for the 2015–16 fiscal year as follows:
(a) Fifty percent to the Department of Transportation for maintenance of the state highway system or for purposes of the State Highway Operation and Protection Program.
(b) Fifty percent to the Controller, for apportionment to cities and counties pursuant to the formula in subparagraph (C) of paragraph (3) of subdivision (a) of Section 2103 of the Streets and Highways Code for street and road purposes.