2170. The Legislature finds as follows:
(a) The Sacramento-Stockton-San Franciso corridor and the Los
Angeles-San Diego corridor represent unique locations for multimodal
transportation demonstration programs with modern low-capital
intensive transportation improvement techniques to encourage greater
utilization of ground public transportation facilities.
(b) The conclusions and recommendations contained in the
Sacramento-Stockton-San Francisco Bay Area Corridor Study, filed with
the Legislature in February of 1975, contained a number of proposals
that should be implemented on a demonstration basis.
(c) The conclusions and recommendations contained in the report
relating to the Los Angeles-San Diego corridor prepared pursuant to
Chapter 1427 of the Statutes of 1974 also contained a number of
proposals that should be implemented on a demonstration basis.
2170.5. It is the intent of the Legislature that any statewide
passenger rail planning shall include consideration of the California
Passenger Rail Corridor defined in Section 14036.9 of the Government
Code.
2171. The department shall undertake three-year demonstration
projects to encourage improved ground public transit services along
the Sacramento-Stockton -San Francisco corridor and along the Los
Angeles-San Diego corridor. The projects shall consist of the
following three elements--project administration and evaluation as
described in Section 2172, low-capital intensive improvement programs
as described in Sections 2173 and 2176.5, and operating assistance
as described in Sections 2174, 2175, and 2176.
2172. The department shall be responsible for the administration,
implementation, marketing, and evaluation of the projects. The
department shall seek the assistance of an advisory group for each
corridor.
The director shall appoint the advisory groups, which shall
include representatives from user groups, consumer groups, the
various public and private transit operators serving the area in
which the corridor is located, the transportation planning agencies
having jurisdiction of the areas within the corridor, the Public
Utilities Commission, and other public and private entities affected
by projects in the corridor.
2173. From funds appropriated for such purposes, the department
shall enter into an agreement with the National Railroad Passenger
Corporation, pursuant to Section 403(b) of the National Railroad
Passenger Service Act of 1970 (45 U.S.C. Sec. 563(b)), for
improvement of railroad track and passenger facilities along the
Sacramento-Oakland and Los Angeles-San Diego corridors.
First priority shall be given to those improvements which the
department determines make possible time savings, such as those
identified in the report prepared pursuant to Chapter 1427 of the
Statutes of 1974.
2174. From funds appropriated for such purposes, the department
shall enter into an agreement with the National Railroad Passenger
Corporation, pursuant to Section 403(b) of the National Railroad
Passenger Service Act of 1970 (45 U.S.C. Sec. 563(b)), for additional
passenger rail service along the Sacramento-San Francisco and Los
Angeles-San Diego corridors.
2174.5. No funds shall be allocated for improvements along the Los
Angeles-San Diego corridor until the director determines that an
average of four or more passenger trains per day are operating over
the facilities to be improved.
2175. From funds appropriated for such purposes, the department may
undertake a program to provide feeder bus service between major
population or activity centers and the nearest rail terminal served
under Section 2174. The service shall be provided by operators, as
defined in Section 99210 of the Public Utilities Code, or by
passenger stage corporations, as defined in Section 226 of the Public
Utilities Code.
2176. From funds appropriated for such purposes, the department may
undertake a program to provide express bus service between Stockton
and a station of the San Francisco Bay Area Rapid Transit District
selected by the department and the district or between Stockton and
Sacramento. The service shall be provided by operators, as defined in
Section 99210 of the Public Utilities Code, or by passenger stage
corporations, as defined in Section 226 of the Public Utilities Code.
2176.5. From funds appropriated for such purposes, the department
may undertake the construction of intermodal transfer facilities
located in conjunction with other rail and bus facilities in
communities between Stockton and communities in the San Francisco Bay
area or between Stockton and Sacramento.
2177. From funds appropriated by Section 4 of Chapter 1130 of the
Statutes of 1975, the director shall make allocations to extend
corridor rail services beyond the terminals identified in Section
2171 to population and activity centers which the director determines
would give the greatest increase in patronage, relative to cost.
2178. The department shall seek federal and local financial
assistance in financing the projects.
2180. When considering the feasibility of rail access from the San
Francisco Bay area to Sacramento and Stockton, the department shall
explore, for future development, the feasibility of providing such
access through connection to the San Francisco Bay Area Rapid Transit
District transit system in the vicinity of corridors formed by State
Highway Routes 4, 24, and 680. The department, in consultation with
the district, shall also explore the feasibility of limited extension
of the district's rail system to the vicinity of Concord along the
Sacramento Northern rights-of-way.
2182. (a) The funds appropriated from the Traffic Congestion Relief
Fund pursuant to paragraph (2) of subdivision (a) of Section 14556.5
of the Government Code shall be allocated by the Controller to
cities and counties for street and road maintenance, rehabilitation,
and reconstruction. Four hundred million dollars ($400,000,000) shall
be allocated to the counties, including a city and county, and
cities, including a city and county, as follows:
(1) Fifty percent to the counties, including a city and county, in
accordance with the following formulas:
(A) Seventy-five percent of the funds payable under this paragraph
shall be apportioned among the counties in the proportion that the
number of fee-paid and exempt vehicles that are registered in the
county bears to the number of fee-paid and exempt vehicles registered
in the state.
(B) Twenty-five percent of the funds payable under this paragraph
shall be apportioned among the counties in the proportion that the
number of miles of maintained county roads in each county bears to
the total number of miles of maintained county roads in the state.
For the purposes of apportioning funds under this subparagraph, any
roads within the boundaries of a city and county that are not state
highways shall be deemed to be county roads.
(2) Fifty percent to cities, including a city and county,
apportioned among the cities in the proportion that the total
population of the city bears to the total population of all the
cities in the state.
(b) Funds received under this section shall be deposited as
follows in order to avoid the commingling of those funds with other
local funds:
(1) In the case of a city, into the city account that is
designated for the receipt of state funds allocated for
transportation purposes.
(2) In the case of a county, into the county road fund.
(3) In the case of a city and county, into a local account that is
designated for the receipt of state funds allocated for
transportation purposes.
(c) Funds apportioned to a city or county under this section shall
be used only for street and highway pavement maintenance,
rehabilitation, and reconstruction of necessary associated facilities
such as drainage and traffic control devices. Rehabilitation or
reconstruction may include widening necessary to bring the roadway
width to the desirable minimum pavement width consistent with
accepted design standards for local streets and roads, but does not
include widening or increasing the traffic capacity of a street or
road.
(d) For the purpose of allocating funds under this section to
cities, counties, and a city and county, the Controller shall use the
most recent population estimates prepared by the Demographic
Research Unit of the Department of Finance. For a city that
incorporated after January 1, 1998, that does not appear on the most
recent population estimates prepared by the Demographic Research
Unit, the Controller shall use the population determined for that
city under Section 11005.3 of the Revenue and Taxation Code.
2182.1. (a) The Legislature finds and declares that it intends
cities and counties to use the funds made available under paragraph
(2) of subdivision (a) of Section 14556.5 of the Government Code to
supplement existing local revenues being used for maintenance and
rehabilitation of local streets and roads. Cities and counties shall
maintain their existing commitment of local funds for maintenance and
rehabilitation of local streets and roads in order to remain
eligible for allocation and expenditure of the additional four
hundred million dollars ($400,000,000) made available by Section 21
of the act that added this section.
(b) In order to receive any allocation pursuant to Section 2182,
the city or county shall annually expend from its general fund for
street, road, and highway purposes an amount not less than the annual
average of its expenditures from its general fund during the
1996-97, 1997-98, and 1998-99 fiscal years, as reported to the
Controller pursuant to Section 2151. For purposes of this
subdivision, in calculating a city's or county's annual general fund
expenditures and its average general fund expenditures for the
1996-97, 1997-98, and 1998-99 fiscal years, any unrestricted funds
that the city or county may expend at its discretion, including
vehicle in-lieu tax revenues and revenues from fines and forfeitures,
expended for street and highway purposes shall be considered
expenditures from the general fund. One-time allocations that have
been expended for street and highway purposes, but which may not be
available on an ongoing basis, including revenue provided under the
Teeter Plan Bond Law of 1994 (Chapter 6.6 (commencing with Section
54773) of Part 1 of Division 2 of Title 5 of the Government Code),
may not be considered when calculating a city's or county's annual
general fund expenditures.
(c) For any city incorporated after July 1, 1996, the Controller
shall calculate an annual average of expenditure for the period
between July 1, 1996, and December 31, 2000, that the city was
incorporated.
(d) For purposes of subdivision (b), the Controller may request
fiscal data from cities and counties in addition to data provided
pursuant to Section 2151, for the 1996-97, 1997-98, and 1998-99
fiscal years. Each city and county shall furnish the data to the
Controller not later than 120 days after receiving the request. The
Controller may withhold payment to cities and counties that do not
comply with the request for information or that provide incomplete
data.
(e) The Controller may perform audits to ensure compliance with
subdivision (b) when deemed necessary. Any city or county that has
not complied with subdivision (b) shall reimburse the state for the
funds it received during that fiscal year. Any funds withheld or
returned as a result of a failure to comply with subdivision (b)
shall be reallocated to the other counties and cities whose
expenditures are in compliance.
(f) If a city or county fails to comply with the requirements of
subdivision (b) in a particular fiscal year, the city or county may
expend during that fiscal year and the following fiscal year a total
amount that is not less than the total amount required to be expended
for those fiscal years for purposes of complying with subdivision
(b).
(g) The allocation made under Section 2182 shall be expended not
later than the end of the fiscal year following the fiscal year in
which the allocation was made, and any funds not expended within that
period shall be returned to the Controller and shall be reallocated
to the other cities and counties pursuant to the allocation formulas
set forth in Section 2182.
2170. The Legislature finds as follows:
(a) The Sacramento-Stockton-San Franciso corridor and the Los
Angeles-San Diego corridor represent unique locations for multimodal
transportation demonstration programs with modern low-capital
intensive transportation improvement techniques to encourage greater
utilization of ground public transportation facilities.
(b) The conclusions and recommendations contained in the
Sacramento-Stockton-San Francisco Bay Area Corridor Study, filed with
the Legislature in February of 1975, contained a number of proposals
that should be implemented on a demonstration basis.
(c) The conclusions and recommendations contained in the report
relating to the Los Angeles-San Diego corridor prepared pursuant to
Chapter 1427 of the Statutes of 1974 also contained a number of
proposals that should be implemented on a demonstration basis.
2170.5. It is the intent of the Legislature that any statewide
passenger rail planning shall include consideration of the California
Passenger Rail Corridor defined in Section 14036.9 of the Government
Code.
2171. The department shall undertake three-year demonstration
projects to encourage improved ground public transit services along
the Sacramento-Stockton -San Francisco corridor and along the Los
Angeles-San Diego corridor. The projects shall consist of the
following three elements--project administration and evaluation as
described in Section 2172, low-capital intensive improvement programs
as described in Sections 2173 and 2176.5, and operating assistance
as described in Sections 2174, 2175, and 2176.
2172. The department shall be responsible for the administration,
implementation, marketing, and evaluation of the projects. The
department shall seek the assistance of an advisory group for each
corridor.
The director shall appoint the advisory groups, which shall
include representatives from user groups, consumer groups, the
various public and private transit operators serving the area in
which the corridor is located, the transportation planning agencies
having jurisdiction of the areas within the corridor, the Public
Utilities Commission, and other public and private entities affected
by projects in the corridor.
2173. From funds appropriated for such purposes, the department
shall enter into an agreement with the National Railroad Passenger
Corporation, pursuant to Section 403(b) of the National Railroad
Passenger Service Act of 1970 (45 U.S.C. Sec. 563(b)), for
improvement of railroad track and passenger facilities along the
Sacramento-Oakland and Los Angeles-San Diego corridors.
First priority shall be given to those improvements which the
department determines make possible time savings, such as those
identified in the report prepared pursuant to Chapter 1427 of the
Statutes of 1974.
2174. From funds appropriated for such purposes, the department
shall enter into an agreement with the National Railroad Passenger
Corporation, pursuant to Section 403(b) of the National Railroad
Passenger Service Act of 1970 (45 U.S.C. Sec. 563(b)), for additional
passenger rail service along the Sacramento-San Francisco and Los
Angeles-San Diego corridors.
2174.5. No funds shall be allocated for improvements along the Los
Angeles-San Diego corridor until the director determines that an
average of four or more passenger trains per day are operating over
the facilities to be improved.
2175. From funds appropriated for such purposes, the department may
undertake a program to provide feeder bus service between major
population or activity centers and the nearest rail terminal served
under Section 2174. The service shall be provided by operators, as
defined in Section 99210 of the Public Utilities Code, or by
passenger stage corporations, as defined in Section 226 of the Public
Utilities Code.
2176. From funds appropriated for such purposes, the department may
undertake a program to provide express bus service between Stockton
and a station of the San Francisco Bay Area Rapid Transit District
selected by the department and the district or between Stockton and
Sacramento. The service shall be provided by operators, as defined in
Section 99210 of the Public Utilities Code, or by passenger stage
corporations, as defined in Section 226 of the Public Utilities Code.
2176.5. From funds appropriated for such purposes, the department
may undertake the construction of intermodal transfer facilities
located in conjunction with other rail and bus facilities in
communities between Stockton and communities in the San Francisco Bay
area or between Stockton and Sacramento.
2177. From funds appropriated by Section 4 of Chapter 1130 of the
Statutes of 1975, the director shall make allocations to extend
corridor rail services beyond the terminals identified in Section
2171 to population and activity centers which the director determines
would give the greatest increase in patronage, relative to cost.
2178. The department shall seek federal and local financial
assistance in financing the projects.
2180. When considering the feasibility of rail access from the San
Francisco Bay area to Sacramento and Stockton, the department shall
explore, for future development, the feasibility of providing such
access through connection to the San Francisco Bay Area Rapid Transit
District transit system in the vicinity of corridors formed by State
Highway Routes 4, 24, and 680. The department, in consultation with
the district, shall also explore the feasibility of limited extension
of the district's rail system to the vicinity of Concord along the
Sacramento Northern rights-of-way.
2182. (a) The funds appropriated from the Traffic Congestion Relief
Fund pursuant to paragraph (2) of subdivision (a) of Section 14556.5
of the Government Code shall be allocated by the Controller to
cities and counties for street and road maintenance, rehabilitation,
and reconstruction. Four hundred million dollars ($400,000,000) shall
be allocated to the counties, including a city and county, and
cities, including a city and county, as follows:
(1) Fifty percent to the counties, including a city and county, in
accordance with the following formulas:
(A) Seventy-five percent of the funds payable under this paragraph
shall be apportioned among the counties in the proportion that the
number of fee-paid and exempt vehicles that are registered in the
county bears to the number of fee-paid and exempt vehicles registered
in the state.
(B) Twenty-five percent of the funds payable under this paragraph
shall be apportioned among the counties in the proportion that the
number of miles of maintained county roads in each county bears to
the total number of miles of maintained county roads in the state.
For the purposes of apportioning funds under this subparagraph, any
roads within the boundaries of a city and county that are not state
highways shall be deemed to be county roads.
(2) Fifty percent to cities, including a city and county,
apportioned among the cities in the proportion that the total
population of the city bears to the total population of all the
cities in the state.
(b) Funds received under this section shall be deposited as
follows in order to avoid the commingling of those funds with other
local funds:
(1) In the case of a city, into the city account that is
designated for the receipt of state funds allocated for
transportation purposes.
(2) In the case of a county, into the county road fund.
(3) In the case of a city and county, into a local account that is
designated for the receipt of state funds allocated for
transportation purposes.
(c) Funds apportioned to a city or county under this section shall
be used only for street and highway pavement maintenance,
rehabilitation, and reconstruction of necessary associated facilities
such as drainage and traffic control devices. Rehabilitation or
reconstruction may include widening necessary to bring the roadway
width to the desirable minimum pavement width consistent with
accepted design standards for local streets and roads, but does not
include widening or increasing the traffic capacity of a street or
road.
(d) For the purpose of allocating funds under this section to
cities, counties, and a city and county, the Controller shall use the
most recent population estimates prepared by the Demographic
Research Unit of the Department of Finance. For a city that
incorporated after January 1, 1998, that does not appear on the most
recent population estimates prepared by the Demographic Research
Unit, the Controller shall use the population determined for that
city under Section 11005.3 of the Revenue and Taxation Code.
2182.1. (a) The Legislature finds and declares that it intends
cities and counties to use the funds made available under paragraph
(2) of subdivision (a) of Section 14556.5 of the Government Code to
supplement existing local revenues being used for maintenance and
rehabilitation of local streets and roads. Cities and counties shall
maintain their existing commitment of local funds for maintenance and
rehabilitation of local streets and roads in order to remain
eligible for allocation and expenditure of the additional four
hundred million dollars ($400,000,000) made available by Section 21
of the act that added this section.
(b) In order to receive any allocation pursuant to Section 2182,
the city or county shall annually expend from its general fund for
street, road, and highway purposes an amount not less than the annual
average of its expenditures from its general fund during the
1996-97, 1997-98, and 1998-99 fiscal years, as reported to the
Controller pursuant to Section 2151. For purposes of this
subdivision, in calculating a city's or county's annual general fund
expenditures and its average general fund expenditures for the
1996-97, 1997-98, and 1998-99 fiscal years, any unrestricted funds
that the city or county may expend at its discretion, including
vehicle in-lieu tax revenues and revenues from fines and forfeitures,
expended for street and highway purposes shall be considered
expenditures from the general fund. One-time allocations that have
been expended for street and highway purposes, but which may not be
available on an ongoing basis, including revenue provided under the
Teeter Plan Bond Law of 1994 (Chapter 6.6 (commencing with Section
54773) of Part 1 of Division 2 of Title 5 of the Government Code),
may not be considered when calculating a city's or county's annual
general fund expenditures.
(c) For any city incorporated after July 1, 1996, the Controller
shall calculate an annual average of expenditure for the period
between July 1, 1996, and December 31, 2000, that the city was
incorporated.
(d) For purposes of subdivision (b), the Controller may request
fiscal data from cities and counties in addition to data provided
pursuant to Section 2151, for the 1996-97, 1997-98, and 1998-99
fiscal years. Each city and county shall furnish the data to the
Controller not later than 120 days after receiving the request. The
Controller may withhold payment to cities and counties that do not
comply with the request for information or that provide incomplete
data.
(e) The Controller may perform audits to ensure compliance with
subdivision (b) when deemed necessary. Any city or county that has
not complied with subdivision (b) shall reimburse the state for the
funds it received during that fiscal year. Any funds withheld or
returned as a result of a failure to comply with subdivision (b)
shall be reallocated to the other counties and cities whose
expenditures are in compliance.
(f) If a city or county fails to comply with the requirements of
subdivision (b) in a particular fiscal year, the city or county may
expend during that fiscal year and the following fiscal year a total
amount that is not less than the total amount required to be expended
for those fiscal years for purposes of complying with subdivision
(b).
(g) The allocation made under Section 2182 shall be expended not
later than the end of the fiscal year following the fiscal year in
which the allocation was made, and any funds not expended within that
period shall be returned to the Controller and shall be reallocated
to the other cities and counties pursuant to the allocation formulas
set forth in Section 2182.
2170. The Legislature finds as follows:
(a) The Sacramento-Stockton-San Franciso corridor and the Los
Angeles-San Diego corridor represent unique locations for multimodal
transportation demonstration programs with modern low-capital
intensive transportation improvement techniques to encourage greater
utilization of ground public transportation facilities.
(b) The conclusions and recommendations contained in the
Sacramento-Stockton-San Francisco Bay Area Corridor Study, filed with
the Legislature in February of 1975, contained a number of proposals
that should be implemented on a demonstration basis.
(c) The conclusions and recommendations contained in the report
relating to the Los Angeles-San Diego corridor prepared pursuant to
Chapter 1427 of the Statutes of 1974 also contained a number of
proposals that should be implemented on a demonstration basis.
2170.5. It is the intent of the Legislature that any statewide
passenger rail planning shall include consideration of the California
Passenger Rail Corridor defined in Section 14036.9 of the Government
Code.
2171. The department shall undertake three-year demonstration
projects to encourage improved ground public transit services along
the Sacramento-Stockton -San Francisco corridor and along the Los
Angeles-San Diego corridor. The projects shall consist of the
following three elements--project administration and evaluation as
described in Section 2172, low-capital intensive improvement programs
as described in Sections 2173 and 2176.5, and operating assistance
as described in Sections 2174, 2175, and 2176.
2172. The department shall be responsible for the administration,
implementation, marketing, and evaluation of the projects. The
department shall seek the assistance of an advisory group for each
corridor.
The director shall appoint the advisory groups, which shall
include representatives from user groups, consumer groups, the
various public and private transit operators serving the area in
which the corridor is located, the transportation planning agencies
having jurisdiction of the areas within the corridor, the Public
Utilities Commission, and other public and private entities affected
by projects in the corridor.
2173. From funds appropriated for such purposes, the department
shall enter into an agreement with the National Railroad Passenger
Corporation, pursuant to Section 403(b) of the National Railroad
Passenger Service Act of 1970 (45 U.S.C. Sec. 563(b)), for
improvement of railroad track and passenger facilities along the
Sacramento-Oakland and Los Angeles-San Diego corridors.
First priority shall be given to those improvements which the
department determines make possible time savings, such as those
identified in the report prepared pursuant to Chapter 1427 of the
Statutes of 1974.
2174. From funds appropriated for such purposes, the department
shall enter into an agreement with the National Railroad Passenger
Corporation, pursuant to Section 403(b) of the National Railroad
Passenger Service Act of 1970 (45 U.S.C. Sec. 563(b)), for additional
passenger rail service along the Sacramento-San Francisco and Los
Angeles-San Diego corridors.
2174.5. No funds shall be allocated for improvements along the Los
Angeles-San Diego corridor until the director determines that an
average of four or more passenger trains per day are operating over
the facilities to be improved.
2175. From funds appropriated for such purposes, the department may
undertake a program to provide feeder bus service between major
population or activity centers and the nearest rail terminal served
under Section 2174. The service shall be provided by operators, as
defined in Section 99210 of the Public Utilities Code, or by
passenger stage corporations, as defined in Section 226 of the Public
Utilities Code.
2176. From funds appropriated for such purposes, the department may
undertake a program to provide express bus service between Stockton
and a station of the San Francisco Bay Area Rapid Transit District
selected by the department and the district or between Stockton and
Sacramento. The service shall be provided by operators, as defined in
Section 99210 of the Public Utilities Code, or by passenger stage
corporations, as defined in Section 226 of the Public Utilities Code.
2176.5. From funds appropriated for such purposes, the department
may undertake the construction of intermodal transfer facilities
located in conjunction with other rail and bus facilities in
communities between Stockton and communities in the San Francisco Bay
area or between Stockton and Sacramento.
2177. From funds appropriated by Section 4 of Chapter 1130 of the
Statutes of 1975, the director shall make allocations to extend
corridor rail services beyond the terminals identified in Section
2171 to population and activity centers which the director determines
would give the greatest increase in patronage, relative to cost.
2178. The department shall seek federal and local financial
assistance in financing the projects.
2180. When considering the feasibility of rail access from the San
Francisco Bay area to Sacramento and Stockton, the department shall
explore, for future development, the feasibility of providing such
access through connection to the San Francisco Bay Area Rapid Transit
District transit system in the vicinity of corridors formed by State
Highway Routes 4, 24, and 680. The department, in consultation with
the district, shall also explore the feasibility of limited extension
of the district's rail system to the vicinity of Concord along the
Sacramento Northern rights-of-way.
2182. (a) The funds appropriated from the Traffic Congestion Relief
Fund pursuant to paragraph (2) of subdivision (a) of Section 14556.5
of the Government Code shall be allocated by the Controller to
cities and counties for street and road maintenance, rehabilitation,
and reconstruction. Four hundred million dollars ($400,000,000) shall
be allocated to the counties, including a city and county, and
cities, including a city and county, as follows:
(1) Fifty percent to the counties, including a city and county, in
accordance with the following formulas:
(A) Seventy-five percent of the funds payable under this paragraph
shall be apportioned among the counties in the proportion that the
number of fee-paid and exempt vehicles that are registered in the
county bears to the number of fee-paid and exempt vehicles registered
in the state.
(B) Twenty-five percent of the funds payable under this paragraph
shall be apportioned among the counties in the proportion that the
number of miles of maintained county roads in each county bears to
the total number of miles of maintained county roads in the state.
For the purposes of apportioning funds under this subparagraph, any
roads within the boundaries of a city and county that are not state
highways shall be deemed to be county roads.
(2) Fifty percent to cities, including a city and county,
apportioned among the cities in the proportion that the total
population of the city bears to the total population of all the
cities in the state.
(b) Funds received under this section shall be deposited as
follows in order to avoid the commingling of those funds with other
local funds:
(1) In the case of a city, into the city account that is
designated for the receipt of state funds allocated for
transportation purposes.
(2) In the case of a county, into the county road fund.
(3) In the case of a city and county, into a local account that is
designated for the receipt of state funds allocated for
transportation purposes.
(c) Funds apportioned to a city or county under this section shall
be used only for street and highway pavement maintenance,
rehabilitation, and reconstruction of necessary associated facilities
such as drainage and traffic control devices. Rehabilitation or
reconstruction may include widening necessary to bring the roadway
width to the desirable minimum pavement width consistent with
accepted design standards for local streets and roads, but does not
include widening or increasing the traffic capacity of a street or
road.
(d) For the purpose of allocating funds under this section to
cities, counties, and a city and county, the Controller shall use the
most recent population estimates prepared by the Demographic
Research Unit of the Department of Finance. For a city that
incorporated after January 1, 1998, that does not appear on the most
recent population estimates prepared by the Demographic Research
Unit, the Controller shall use the population determined for that
city under Section 11005.3 of the Revenue and Taxation Code.
2182.1. (a) The Legislature finds and declares that it intends
cities and counties to use the funds made available under paragraph
(2) of subdivision (a) of Section 14556.5 of the Government Code to
supplement existing local revenues being used for maintenance and
rehabilitation of local streets and roads. Cities and counties shall
maintain their existing commitment of local funds for maintenance and
rehabilitation of local streets and roads in order to remain
eligible for allocation and expenditure of the additional four
hundred million dollars ($400,000,000) made available by Section 21
of the act that added this section.
(b) In order to receive any allocation pursuant to Section 2182,
the city or county shall annually expend from its general fund for
street, road, and highway purposes an amount not less than the annual
average of its expenditures from its general fund during the
1996-97, 1997-98, and 1998-99 fiscal years, as reported to the
Controller pursuant to Section 2151. For purposes of this
subdivision, in calculating a city's or county's annual general fund
expenditures and its average general fund expenditures for the
1996-97, 1997-98, and 1998-99 fiscal years, any unrestricted funds
that the city or county may expend at its discretion, including
vehicle in-lieu tax revenues and revenues from fines and forfeitures,
expended for street and highway purposes shall be considered
expenditures from the general fund. One-time allocations that have
been expended for street and highway purposes, but which may not be
available on an ongoing basis, including revenue provided under the
Teeter Plan Bond Law of 1994 (Chapter 6.6 (commencing with Section
54773) of Part 1 of Division 2 of Title 5 of the Government Code),
may not be considered when calculating a city's or county's annual
general fund expenditures.
(c) For any city incorporated after July 1, 1996, the Controller
shall calculate an annual average of expenditure for the period
between July 1, 1996, and December 31, 2000, that the city was
incorporated.
(d) For purposes of subdivision (b), the Controller may request
fiscal data from cities and counties in addition to data provided
pursuant to Section 2151, for the 1996-97, 1997-98, and 1998-99
fiscal years. Each city and county shall furnish the data to the
Controller not later than 120 days after receiving the request. The
Controller may withhold payment to cities and counties that do not
comply with the request for information or that provide incomplete
data.
(e) The Controller may perform audits to ensure compliance with
subdivision (b) when deemed necessary. Any city or county that has
not complied with subdivision (b) shall reimburse the state for the
funds it received during that fiscal year. Any funds withheld or
returned as a result of a failure to comply with subdivision (b)
shall be reallocated to the other counties and cities whose
expenditures are in compliance.
(f) If a city or county fails to comply with the requirements of
subdivision (b) in a particular fiscal year, the city or county may
expend during that fiscal year and the following fiscal year a total
amount that is not less than the total amount required to be expended
for those fiscal years for purposes of complying with subdivision
(b).
(g) The allocation made under Section 2182 shall be expended not
later than the end of the fiscal year following the fiscal year in
which the allocation was made, and any funds not expended within that
period shall be returned to the Controller and shall be reallocated
to the other cities and counties pursuant to the allocation formulas
set forth in Section 2182.
