California 2019 2019-2020 Regular Session

California Senate Bill SB137 Amended / Bill

Filed 09/03/2019

                    Amended IN  Assembly  September 03, 2019 Amended IN  Assembly  June 18, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 137Introduced by Senator DoddJanuary 15, 2019 An act to add Section 182.85 to the Streets and Highways Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGESTSB 137, as amended, 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 money 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. 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.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe 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. 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, upon the adoption of implementing guidelines pursuant to subdivision (e), exchange state funds appropriated to the department from the State Highway Account 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.(c)(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. 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 departments 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.(d)An exchange of federal funds authorized pursuant to subdivision (b) shall be on a dollar-for-dollar basis with nonfederal funds.(e)The department, in consultation with the League of California Cities and the California State Association of Counties, shall propose guidelines and procedures to implement this section, hold a public hearing on the guidelines, and adopt the guidelines on or before January 1, 2021. The department shall begin the exchange program on or before July 1, 2021, if it determines that funding is available for that purpose. The department may amend its guidelines after holding a public hearing, but may not amend the guidelines between the time it notifies cities, counties, or cities and counties of the amount of state funds available for exchange and its approval of projects for exchange in any given year.(e) The department shall consult with the League of California Cities and the California State Association of Counties on implementing this section.

 Amended IN  Assembly  September 03, 2019 Amended IN  Assembly  June 18, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 137Introduced by Senator DoddJanuary 15, 2019 An act to add Section 182.85 to the Streets and Highways Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGESTSB 137, as amended, 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 money 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. 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.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Assembly  September 03, 2019 Amended IN  Assembly  June 18, 2019

Amended IN  Assembly  September 03, 2019
Amended IN  Assembly  June 18, 2019

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

 Senate Bill 

No. 137

Introduced by Senator DoddJanuary 15, 2019

Introduced by Senator Dodd
January 15, 2019

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

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 137, as amended, 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 money 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. 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.

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 money 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. 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.

## Digest Key

## Bill Text

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. 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, upon the adoption of implementing guidelines pursuant to subdivision (e), exchange state funds appropriated to the department from the State Highway Account 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.(c)(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. 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 departments 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.(d)An exchange of federal funds authorized pursuant to subdivision (b) shall be on a dollar-for-dollar basis with nonfederal funds.(e)The department, in consultation with the League of California Cities and the California State Association of Counties, shall propose guidelines and procedures to implement this section, hold a public hearing on the guidelines, and adopt the guidelines on or before January 1, 2021. The department shall begin the exchange program on or before July 1, 2021, if it determines that funding is available for that purpose. The department may amend its guidelines after holding a public hearing, but may not amend the guidelines between the time it notifies cities, counties, or cities and counties of the amount of state funds available for exchange and its approval of projects for exchange in any given year.(e) The department shall consult with the League of California Cities and the California State Association of Counties on implementing this section.

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

## 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. 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, upon the adoption of implementing guidelines pursuant to subdivision (e), exchange state funds appropriated to the department from the State Highway Account 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.(c)(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. 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 departments 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.(d)An exchange of federal funds authorized pursuant to subdivision (b) shall be on a dollar-for-dollar basis with nonfederal funds.(e)The department, in consultation with the League of California Cities and the California State Association of Counties, shall propose guidelines and procedures to implement this section, hold a public hearing on the guidelines, and adopt the guidelines on or before January 1, 2021. The department shall begin the exchange program on or before July 1, 2021, if it determines that funding is available for that purpose. The department may amend its guidelines after holding a public hearing, but may not amend the guidelines between the time it notifies cities, counties, or cities and counties of the amount of state funds available for exchange and its approval of projects for exchange in any given year.(e) The department shall consult with the League of California Cities and the California State Association of Counties on implementing this section.

SECTION 1. Section 182.85 is added to the Streets and Highways Code, to read:

### SECTION 1.

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. 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, upon the adoption of implementing guidelines pursuant to subdivision (e), exchange state funds appropriated to the department from the State Highway Account 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.(c)(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. 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 departments 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.(d)An exchange of federal funds authorized pursuant to subdivision (b) shall be on a dollar-for-dollar basis with nonfederal funds.(e)The department, in consultation with the League of California Cities and the California State Association of Counties, shall propose guidelines and procedures to implement this section, hold a public hearing on the guidelines, and adopt the guidelines on or before January 1, 2021. The department shall begin the exchange program on or before July 1, 2021, if it determines that funding is available for that purpose. The department may amend its guidelines after holding a public hearing, but may not amend the guidelines between the time it notifies cities, counties, or cities and counties of the amount of state funds available for exchange and its approval of projects for exchange in any given year.(e) The department shall consult with the League of California Cities and the California State Association of Counties on implementing this section.

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. 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, upon the adoption of implementing guidelines pursuant to subdivision (e), exchange state funds appropriated to the department from the State Highway Account 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.(c)(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. 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 departments 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.(d)An exchange of federal funds authorized pursuant to subdivision (b) shall be on a dollar-for-dollar basis with nonfederal funds.(e)The department, in consultation with the League of California Cities and the California State Association of Counties, shall propose guidelines and procedures to implement this section, hold a public hearing on the guidelines, and adopt the guidelines on or before January 1, 2021. The department shall begin the exchange program on or before July 1, 2021, if it determines that funding is available for that purpose. The department may amend its guidelines after holding a public hearing, but may not amend the guidelines between the time it notifies cities, counties, or cities and counties of the amount of state funds available for exchange and its approval of projects for exchange in any given year.(e) The department shall consult with the League of California Cities and the California State Association of Counties on implementing this section.

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. 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, upon the adoption of implementing guidelines pursuant to subdivision (e), exchange state funds appropriated to the department from the State Highway Account 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.(c)(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. 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 departments 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.(d)An exchange of federal funds authorized pursuant to subdivision (b) shall be on a dollar-for-dollar basis with nonfederal funds.(e)The department, in consultation with the League of California Cities and the California State Association of Counties, shall propose guidelines and procedures to implement this section, hold a public hearing on the guidelines, and adopt the guidelines on or before January 1, 2021. The department shall begin the exchange program on or before July 1, 2021, if it determines that funding is available for that purpose. The department may amend its guidelines after holding a public hearing, but may not amend the guidelines between the time it notifies cities, counties, or cities and counties of the amount of state funds available for exchange and its approval of projects for exchange in any given year.(e) The department shall consult with the League of California Cities and the California State Association of Counties on implementing this section.



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. 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, upon the adoption of implementing guidelines pursuant to subdivision (e), exchange state funds appropriated to the department from the State Highway Account 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.

(c)



(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. 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 departments 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.

(d)An exchange of federal funds authorized pursuant to subdivision (b) shall be on a dollar-for-dollar basis with nonfederal funds.



(e)The department, in consultation with the League of California Cities and the California State Association of Counties, shall propose guidelines and procedures to implement this section, hold a public hearing on the guidelines, and adopt the guidelines on or before January 1, 2021. The department shall begin the exchange program on or before July 1, 2021, if it determines that funding is available for that purpose. The department may amend its guidelines after holding a public hearing, but may not amend the guidelines between the time it notifies cities, counties, or cities and counties of the amount of state funds available for exchange and its approval of projects for exchange in any given year.



(e) The department shall consult with the League of California Cities and the California State Association of Counties on implementing this section.