14556.10. (a) The lead applicant agency specified for each project
in Article 5 (commencing with Section 14556.40) shall be responsible
for preparing and submitting a project application to the commission
in accordance with guidelines adopted by the commission.
(b) The lead applicant agency may, but is not required, to be the
agency responsible for carrying out the work to complete the project.
(c) A lead applicant agency may submit separate applications for
separate projects identified in Article 5 (commencing with Section
14556.40).
14556.11. Not later than 90 days from the effective date of the act
that added this section, the commission, in consultation with the
department and representatives from regional agencies and local
agencies, and after a public hearing, shall establish guidelines to
implement this chapter. The guidelines shall include, but not be
limited to, criteria for project applications, estimation costs,
assessment of capability to complete the project, allocation of funds
to project phases, timely expenditure of funds, management of
changes to cost, scope, and schedules, assessment of progress in
implementing projects, and audit requirements.
14556.12. (a) Designated lead applicant agencies shall submit
applications to the commission within two years of the effective date
of the act that added this section. If a completed application is
not received within this period for a project listed in Article 5
(commencing with Section 14556.40), or an alternate project has not
been submitted by the appropriate lead agency pursuant to subdivision
(b), the commission shall notify the Governor and the Legislature
and shall seek statutory identification and approval of another
project or projects to use the funds.
(b) (1) A designated lead applicant agency may submit an
application for an alternate or substitute for a project specified in
Section 14556.40, for other than an intercity rail project, if the
specified project is delayed by environmental or other factors
external to the control of the lead applicant agency that are not
likely to be removed within a reasonable time, if sufficient matching
funds are not available to secure the designated state grant funds,
if the specified project is not included in or consistent with the
respective regional transportation plan, or if completion of the
specified project would jeopardize the completion of other projects
previously programmed in the State Transportation Improvement
Program.
(2) An application for an alternative project shall be approved by
the commission if the application is submitted by the identified
lead applicant agency within the two-year period specified in
subdivision (a), the alternative project is designated to relieve
congestion consistent with this act, the alternate project is within
the jurisdiction of the lead applicant agency, and all other project
approval requirements are met.
14556.13. (a) The project applications shall define the project
purpose, intended scope, proposed cost, intended funding sources, and
schedule for project completion. Each application shall also specify
the paragraph number of subdivision (a) of Section 14556.40 that
authorizes the project, and identify the agency responsible for
carrying out the work, to which the commission will allocate funds.
(b) Except as authorized under subdivision (c), the project
application shall specify the scope of work, the cost, and the
schedule for the following separate phases of work, as appropriate:
(1) Studies, environmental review, and permits.
(2) Preparation of project plans and specifications.
(3) Right-of-way acquisition.
(4) Construction or procurement.
(c) Some projects may be permitted to include scope of work on
less than all of the phases specified in subdivisions (b).
(d) In accordance with guidelines established by the commission,
each application shall include a plan describing all capital funds
required for the project, the sources and the timing for those funds,
and how those funds will be used. An application may seek funding
for a single phase of a project.
(e) Applications for projects involving regional improvement
program funds shall be cosigned by the regional transportation
planning agency responsible for the regional transportation
improvement program. Applications for projects involving
interregional improvement program funds or where the state is the
owner-operator shall be cosigned by the department.
(f) The plan shall identify the sources and timing of all funds
required to undertake and complete any phase of a project for which
the applicant seeks an allocation of funds from the commission. The
plan should also describe intended sources and timing of funds to
complete any subsequent phases of the project, through construction.
14556.14. The commission shall ascertain from the appropriate
regional transportation planning agency that a project is included
in, or is consistent with, the appropriate regional transportation
plan before approving a project application involving right-of-way or
construction phases. A project that involves only studies or project
development phases is not required to be included in a regional
transportation plan, unless federal funds will also be used to fund
the project.
14556.16. (a) The commission, with the assistance of the
department, shall begin review of a project application within 30
days of receipt of the application.
(b) The commission shall either approve or deny a project
application within 90 days of the receipt of the application, unless
the commission requests additional information from the applicant, in
which case the 90-day time to approve or deny the application shall
begin on the date that the commission receives the additional
information requested.
(c) The commission shall state specific reasons for denying an
application. The commission shall allow the applicant to amend and
resubmit an application that has been denied. The commission shall
then have 90 days from receipt of the amended application to
reconsider the denial.
(d) The commission shall not deny an application that meets the
requirements of this chapter, including the guidelines adopted by the
commission for this chapter and any other applicable statutes and
regulations. The commission shall not unreasonably delay approval of
an application that substantially conforms to these requirements if
the applicant agrees to allow modifications to the application to
meet the commission's conditions for approval.
14556.18. (a) Commission approval of a project application
establishes the time schedule, by fiscal year, for implementation of
the phases of a project. Project approval shall be deemed rescinded
if the lead applicant agency or the agency responsible for carrying
out the project does not seek an allocation from the commission and
start the first phase of work during the fiscal year scheduled.
(b) If the first phase is not completed as scheduled, so that work
on subsequent phases is delayed, the agency responsible for carrying
out the project shall report the reasons for failure to complete the
project to the commission. The commission may then reconsider the
project application, ask for modification of the schedule and any
other requirements of the application, and may, at its discretion,
extend the time of reconsideration until environmental studies,
review, and approval of final environmental documents has been
completed.
14556.20. (a) The commission shall direct the department to
allocate funds to the department, regional transportation planning
agencies, local transportation commissions, congestion management
agencies, transportation authorities, cities, counties, a city and
county, joint powers authorities, ports, and transit districts for
projects specified in Article 5 (commencing with Section 14556.40).
(b) Funds allocated as directed by the commission shall be
expended only for studies or the phases of project work specified in
Article 5 (commencing with Section 14556.40).
(c) Allocations shall be made to specified phases of a project and
may include more than one phase in a given allocation. The
commission shall, at the time the first allocation is made to a
project, indicate how it intends to spread the total funding
authorized for the project among the phases, but that indication
shall not be binding for future phases if the commission finds that a
different level of funding for a later phase would help ensure
quicker delivery of the project for construction.
(d) Consistent with Article 5 (commencing with Section 14556.40),
these funds may be used to satisfy any federal, state, or local
matching fund requirement for the project to be funded.
(e) The allocation shall specify the percentage rate of
reimbursement for expenditures for each phase of the project,
considering the funding shares from various sources that comprise the
full funding of each phase. The commission may specify different
rates of reimbursement for different phases, and shall determine the
spread of funding specified in Article 5 (commencing with Section
14556.40) across all the phases of work, as appropriate for the
project.
(f) The commission may approve minor changes to project scope,
cost, or schedule, so long as those modifications fall within the
project purpose specified in the project application.
(g) The commission may consider applications under this section
upon adoption of implementing guidelines.
14556.10. (a) The lead applicant agency specified for each project
in Article 5 (commencing with Section 14556.40) shall be responsible
for preparing and submitting a project application to the commission
in accordance with guidelines adopted by the commission.
(b) The lead applicant agency may, but is not required, to be the
agency responsible for carrying out the work to complete the project.
(c) A lead applicant agency may submit separate applications for
separate projects identified in Article 5 (commencing with Section
14556.40).
14556.11. Not later than 90 days from the effective date of the act
that added this section, the commission, in consultation with the
department and representatives from regional agencies and local
agencies, and after a public hearing, shall establish guidelines to
implement this chapter. The guidelines shall include, but not be
limited to, criteria for project applications, estimation costs,
assessment of capability to complete the project, allocation of funds
to project phases, timely expenditure of funds, management of
changes to cost, scope, and schedules, assessment of progress in
implementing projects, and audit requirements.
14556.12. (a) Designated lead applicant agencies shall submit
applications to the commission within two years of the effective date
of the act that added this section. If a completed application is
not received within this period for a project listed in Article 5
(commencing with Section 14556.40), or an alternate project has not
been submitted by the appropriate lead agency pursuant to subdivision
(b), the commission shall notify the Governor and the Legislature
and shall seek statutory identification and approval of another
project or projects to use the funds.
(b) (1) A designated lead applicant agency may submit an
application for an alternate or substitute for a project specified in
Section 14556.40, for other than an intercity rail project, if the
specified project is delayed by environmental or other factors
external to the control of the lead applicant agency that are not
likely to be removed within a reasonable time, if sufficient matching
funds are not available to secure the designated state grant funds,
if the specified project is not included in or consistent with the
respective regional transportation plan, or if completion of the
specified project would jeopardize the completion of other projects
previously programmed in the State Transportation Improvement
Program.
(2) An application for an alternative project shall be approved by
the commission if the application is submitted by the identified
lead applicant agency within the two-year period specified in
subdivision (a), the alternative project is designated to relieve
congestion consistent with this act, the alternate project is within
the jurisdiction of the lead applicant agency, and all other project
approval requirements are met.
14556.13. (a) The project applications shall define the project
purpose, intended scope, proposed cost, intended funding sources, and
schedule for project completion. Each application shall also specify
the paragraph number of subdivision (a) of Section 14556.40 that
authorizes the project, and identify the agency responsible for
carrying out the work, to which the commission will allocate funds.
(b) Except as authorized under subdivision (c), the project
application shall specify the scope of work, the cost, and the
schedule for the following separate phases of work, as appropriate:
(1) Studies, environmental review, and permits.
(2) Preparation of project plans and specifications.
(3) Right-of-way acquisition.
(4) Construction or procurement.
(c) Some projects may be permitted to include scope of work on
less than all of the phases specified in subdivisions (b).
(d) In accordance with guidelines established by the commission,
each application shall include a plan describing all capital funds
required for the project, the sources and the timing for those funds,
and how those funds will be used. An application may seek funding
for a single phase of a project.
(e) Applications for projects involving regional improvement
program funds shall be cosigned by the regional transportation
planning agency responsible for the regional transportation
improvement program. Applications for projects involving
interregional improvement program funds or where the state is the
owner-operator shall be cosigned by the department.
(f) The plan shall identify the sources and timing of all funds
required to undertake and complete any phase of a project for which
the applicant seeks an allocation of funds from the commission. The
plan should also describe intended sources and timing of funds to
complete any subsequent phases of the project, through construction.
14556.14. The commission shall ascertain from the appropriate
regional transportation planning agency that a project is included
in, or is consistent with, the appropriate regional transportation
plan before approving a project application involving right-of-way or
construction phases. A project that involves only studies or project
development phases is not required to be included in a regional
transportation plan, unless federal funds will also be used to fund
the project.
14556.16. (a) The commission, with the assistance of the
department, shall begin review of a project application within 30
days of receipt of the application.
(b) The commission shall either approve or deny a project
application within 90 days of the receipt of the application, unless
the commission requests additional information from the applicant, in
which case the 90-day time to approve or deny the application shall
begin on the date that the commission receives the additional
information requested.
(c) The commission shall state specific reasons for denying an
application. The commission shall allow the applicant to amend and
resubmit an application that has been denied. The commission shall
then have 90 days from receipt of the amended application to
reconsider the denial.
(d) The commission shall not deny an application that meets the
requirements of this chapter, including the guidelines adopted by the
commission for this chapter and any other applicable statutes and
regulations. The commission shall not unreasonably delay approval of
an application that substantially conforms to these requirements if
the applicant agrees to allow modifications to the application to
meet the commission's conditions for approval.
14556.18. (a) Commission approval of a project application
establishes the time schedule, by fiscal year, for implementation of
the phases of a project. Project approval shall be deemed rescinded
if the lead applicant agency or the agency responsible for carrying
out the project does not seek an allocation from the commission and
start the first phase of work during the fiscal year scheduled.
(b) If the first phase is not completed as scheduled, so that work
on subsequent phases is delayed, the agency responsible for carrying
out the project shall report the reasons for failure to complete the
project to the commission. The commission may then reconsider the
project application, ask for modification of the schedule and any
other requirements of the application, and may, at its discretion,
extend the time of reconsideration until environmental studies,
review, and approval of final environmental documents has been
completed.
14556.20. (a) The commission shall direct the department to
allocate funds to the department, regional transportation planning
agencies, local transportation commissions, congestion management
agencies, transportation authorities, cities, counties, a city and
county, joint powers authorities, ports, and transit districts for
projects specified in Article 5 (commencing with Section 14556.40).
(b) Funds allocated as directed by the commission shall be
expended only for studies or the phases of project work specified in
Article 5 (commencing with Section 14556.40).
(c) Allocations shall be made to specified phases of a project and
may include more than one phase in a given allocation. The
commission shall, at the time the first allocation is made to a
project, indicate how it intends to spread the total funding
authorized for the project among the phases, but that indication
shall not be binding for future phases if the commission finds that a
different level of funding for a later phase would help ensure
quicker delivery of the project for construction.
(d) Consistent with Article 5 (commencing with Section 14556.40),
these funds may be used to satisfy any federal, state, or local
matching fund requirement for the project to be funded.
(e) The allocation shall specify the percentage rate of
reimbursement for expenditures for each phase of the project,
considering the funding shares from various sources that comprise the
full funding of each phase. The commission may specify different
rates of reimbursement for different phases, and shall determine the
spread of funding specified in Article 5 (commencing with Section
14556.40) across all the phases of work, as appropriate for the
project.
(f) The commission may approve minor changes to project scope,
cost, or schedule, so long as those modifications fall within the
project purpose specified in the project application.
(g) The commission may consider applications under this section
upon adoption of implementing guidelines.
14556.10. (a) The lead applicant agency specified for each project
in Article 5 (commencing with Section 14556.40) shall be responsible
for preparing and submitting a project application to the commission
in accordance with guidelines adopted by the commission.
(b) The lead applicant agency may, but is not required, to be the
agency responsible for carrying out the work to complete the project.
(c) A lead applicant agency may submit separate applications for
separate projects identified in Article 5 (commencing with Section
14556.40).
14556.11. Not later than 90 days from the effective date of the act
that added this section, the commission, in consultation with the
department and representatives from regional agencies and local
agencies, and after a public hearing, shall establish guidelines to
implement this chapter. The guidelines shall include, but not be
limited to, criteria for project applications, estimation costs,
assessment of capability to complete the project, allocation of funds
to project phases, timely expenditure of funds, management of
changes to cost, scope, and schedules, assessment of progress in
implementing projects, and audit requirements.
14556.12. (a) Designated lead applicant agencies shall submit
applications to the commission within two years of the effective date
of the act that added this section. If a completed application is
not received within this period for a project listed in Article 5
(commencing with Section 14556.40), or an alternate project has not
been submitted by the appropriate lead agency pursuant to subdivision
(b), the commission shall notify the Governor and the Legislature
and shall seek statutory identification and approval of another
project or projects to use the funds.
(b) (1) A designated lead applicant agency may submit an
application for an alternate or substitute for a project specified in
Section 14556.40, for other than an intercity rail project, if the
specified project is delayed by environmental or other factors
external to the control of the lead applicant agency that are not
likely to be removed within a reasonable time, if sufficient matching
funds are not available to secure the designated state grant funds,
if the specified project is not included in or consistent with the
respective regional transportation plan, or if completion of the
specified project would jeopardize the completion of other projects
previously programmed in the State Transportation Improvement
Program.
(2) An application for an alternative project shall be approved by
the commission if the application is submitted by the identified
lead applicant agency within the two-year period specified in
subdivision (a), the alternative project is designated to relieve
congestion consistent with this act, the alternate project is within
the jurisdiction of the lead applicant agency, and all other project
approval requirements are met.
14556.13. (a) The project applications shall define the project
purpose, intended scope, proposed cost, intended funding sources, and
schedule for project completion. Each application shall also specify
the paragraph number of subdivision (a) of Section 14556.40 that
authorizes the project, and identify the agency responsible for
carrying out the work, to which the commission will allocate funds.
(b) Except as authorized under subdivision (c), the project
application shall specify the scope of work, the cost, and the
schedule for the following separate phases of work, as appropriate:
(1) Studies, environmental review, and permits.
(2) Preparation of project plans and specifications.
(3) Right-of-way acquisition.
(4) Construction or procurement.
(c) Some projects may be permitted to include scope of work on
less than all of the phases specified in subdivisions (b).
(d) In accordance with guidelines established by the commission,
each application shall include a plan describing all capital funds
required for the project, the sources and the timing for those funds,
and how those funds will be used. An application may seek funding
for a single phase of a project.
(e) Applications for projects involving regional improvement
program funds shall be cosigned by the regional transportation
planning agency responsible for the regional transportation
improvement program. Applications for projects involving
interregional improvement program funds or where the state is the
owner-operator shall be cosigned by the department.
(f) The plan shall identify the sources and timing of all funds
required to undertake and complete any phase of a project for which
the applicant seeks an allocation of funds from the commission. The
plan should also describe intended sources and timing of funds to
complete any subsequent phases of the project, through construction.
14556.14. The commission shall ascertain from the appropriate
regional transportation planning agency that a project is included
in, or is consistent with, the appropriate regional transportation
plan before approving a project application involving right-of-way or
construction phases. A project that involves only studies or project
development phases is not required to be included in a regional
transportation plan, unless federal funds will also be used to fund
the project.
14556.16. (a) The commission, with the assistance of the
department, shall begin review of a project application within 30
days of receipt of the application.
(b) The commission shall either approve or deny a project
application within 90 days of the receipt of the application, unless
the commission requests additional information from the applicant, in
which case the 90-day time to approve or deny the application shall
begin on the date that the commission receives the additional
information requested.
(c) The commission shall state specific reasons for denying an
application. The commission shall allow the applicant to amend and
resubmit an application that has been denied. The commission shall
then have 90 days from receipt of the amended application to
reconsider the denial.
(d) The commission shall not deny an application that meets the
requirements of this chapter, including the guidelines adopted by the
commission for this chapter and any other applicable statutes and
regulations. The commission shall not unreasonably delay approval of
an application that substantially conforms to these requirements if
the applicant agrees to allow modifications to the application to
meet the commission's conditions for approval.
14556.18. (a) Commission approval of a project application
establishes the time schedule, by fiscal year, for implementation of
the phases of a project. Project approval shall be deemed rescinded
if the lead applicant agency or the agency responsible for carrying
out the project does not seek an allocation from the commission and
start the first phase of work during the fiscal year scheduled.
(b) If the first phase is not completed as scheduled, so that work
on subsequent phases is delayed, the agency responsible for carrying
out the project shall report the reasons for failure to complete the
project to the commission. The commission may then reconsider the
project application, ask for modification of the schedule and any
other requirements of the application, and may, at its discretion,
extend the time of reconsideration until environmental studies,
review, and approval of final environmental documents has been
completed.
14556.20. (a) The commission shall direct the department to
allocate funds to the department, regional transportation planning
agencies, local transportation commissions, congestion management
agencies, transportation authorities, cities, counties, a city and
county, joint powers authorities, ports, and transit districts for
projects specified in Article 5 (commencing with Section 14556.40).
(b) Funds allocated as directed by the commission shall be
expended only for studies or the phases of project work specified in
Article 5 (commencing with Section 14556.40).
(c) Allocations shall be made to specified phases of a project and
may include more than one phase in a given allocation. The
commission shall, at the time the first allocation is made to a
project, indicate how it intends to spread the total funding
authorized for the project among the phases, but that indication
shall not be binding for future phases if the commission finds that a
different level of funding for a later phase would help ensure
quicker delivery of the project for construction.
(d) Consistent with Article 5 (commencing with Section 14556.40),
these funds may be used to satisfy any federal, state, or local
matching fund requirement for the project to be funded.
(e) The allocation shall specify the percentage rate of
reimbursement for expenditures for each phase of the project,
considering the funding shares from various sources that comprise the
full funding of each phase. The commission may specify different
rates of reimbursement for different phases, and shall determine the
spread of funding specified in Article 5 (commencing with Section
14556.40) across all the phases of work, as appropriate for the
project.
(f) The commission may approve minor changes to project scope,
cost, or schedule, so long as those modifications fall within the
project purpose specified in the project application.
(g) The commission may consider applications under this section
upon adoption of implementing guidelines.
