State Codes and Statutes

Statutes > California > Gov > 14556.25-14556.36

GOVERNMENT CODE
SECTION 14556.25-14556.36



14556.25.  (a) The department shall execute a cooperative agreement
with the lead applicant agency or the agency responsible for carrying
out the work for reimbursement of approved project expenditures,
using funds allocated by the commission for that purpose and project
phase. To reduce time and financial burden on lead applicant
agencies, the department shall use electronic reimbursement
procedures to the extent prudent and practical.
   (b) The cooperative agreement shall specify how additional costs
are to be covered, if necessary, and how savings are to be used or
distributed, if available, among all the various funding sources
being used for the project.



14556.26.  (a) Except as provided in subdivision (b), a regional or
local agency receiving an allocation from this program shall certify,
by resolution of its governing board, before final execution of the
cooperative agreement, that it will sustain its level of expenditures
for transportation purposes at a level that is consistent with the
average of its annual expenditures during the 1997-98, 1998-99, and
1999-2000 fiscal years, including funds reserved for transportation
purposes, during the fiscal years that the allocation provided under
this chapter is available for use. The certification is subject to
audit by the state.
   (b) A transportation entity that imposes a retail transactions and
use tax in accordance with an ordinance adopted pursuant to Part 1.6
(commencing with Section 7251) of Division 2 of the Revenue and
Taxation Code for transportation purposes, and receives an allocation
under this program, shall certify, by resolution of its governing
board, before final execution of the cooperative agreement, that
during the fiscal years that the allocation provided under this
chapter is available for use, the transportation entity will expend
the allocated funds for the originally programmed purpose, and that
the entity will not use for other than transportation capital
purposes any capital funds that were programmed, planned, or approved
for transportation capital purposes on or before the effective date
of the cooperative agreement. The certification is subject to audit
by the state.



14556.28.  (a) For applicants other than the department, funds
allocated shall generally be administered as a reimbursement program.
At the request of an applicant, the commission shall authorize an
advance payment for project development work necessary for a project
specified in Article 5 (commencing with Section 14556.40). At the
request of an applicant, the commission may authorize an advance
payment for demonstrated need, or for a project right-of-way,
construction, or procurement phase.
   (b) Project costs incurred prior to commission approval of a
project application may not be reimbursed. Project costs incurred
prior to commission allocation of funds, but after commission
approval of a project application, may be reimbursed retroactively
after allocation.


14556.29.  The Controller shall develop a system that provides
access to funds allocated by the commission under this article from
the Traffic Congestion Relief Fund by electronic transfer of funds.



14556.30.  (a) After receiving an allocation, the lead applicant
shall make diligent and timely progress toward completing the work as
described in the submitted application. If timely progress is not
achieved, the commission may review the status of the project. If the
commission finds the lead applicant agency is not pursuing project
work diligently, including use of funds under the agency's control
committed to the project, the commission may reallocate those funds
to another project or projects listed in Article 5 (commencing with
Section 14556.40).
   (b) If the commission and a lead applicant agency concur that a
project is delayed by factors external to the control of the lead
applicant agency and the factors are not likely to be removed within
a reasonable time, the lead applicant agency may submit an
application for an alternate or substitute project if the alternate
project is designed to relieve congestion consistent with this act,
is within the jurisdiction of the lead applicant agency, and meets
all other project approval requirements.
   (c) Notwithstanding Section 16304, funds allocated from the fund
shall be available for encumbrance for three years after the date of
allocation, and encumbered funds shall be available for liquidation
for two additional years. Any funds not expended by that time limit
shall revert to the fund.
   (d) The commission, with respect to any funds that revert to the
fund pursuant to subdivision (c), may direct the department to
reallocate those funds to the same project if the commission finds
that the lead applicant agency is pursuing the project diligently and
that the project has been delayed by factors external to the control
of the lead applicant agency. In no case may the amount made
available for expenditure on a project exceed the amount specified
for that project in that article.



14556.32.  (a) The rate of reimbursement of expenditures shall not
exceed the rate determined by the commission in its allocation of
funds.
   (b) After notifying the commission of savings in any phase, the
lead applicant may use those savings for expenditures on a later
phase of the same project.
   (c) If additional funds are needed to complete a project, the lead
applicant agency shall be responsible for securing the funding
needed from other sources outside this program. The commission may
not increase the allocation from this program beyond the amount
specified for the project in Article 5 (commencing with Section
14556.40) unless the Governor and the Legislature subsequently
designate a higher amount for the project.
   (d) If a project can be completed at a lower cost than expected,
any savings shall be divided among all funding sources contributing
to the project in the proportion each of the funding sources bears to
the total funding for the project as defined in the approved project
application. For the savings that revert to this program, the
commission shall determine the amount to be returned to the fund.
   (e) If a determination is made to cease funding for a project,
funds allocated but not expended on any phase shall be returned to
the fund.


14556.33.  (a) A regional or local entity that is a lead applicant
agency under Article 5 (commencing with Section 14556.40), may apply
to the commission for a letter of no prejudice for the project. If
approved by the commission, the letter of no prejudice allows the
regional or local entity to expend its own funds for any component of
the transportation project.
   (b) The amount expended under subdivision (a) shall be reimbursed
by the state if all of the following conditions are met:
   (1) The project is included in an adopted regional transportation
plan.
   (2) The department makes an allocation for the project pursuant to
Section 14556.20.
   (3) The expenditures made by the regional or local entity are
eligible for reimbursement in accordance with state and federal laws
and procedures. In the event expenditures made by the regional or
local entity are determined to be ineligible, the state has no
obligation to reimburse those expenditures.
   (4) The regional or local entity complies with all legal
requirements for the project, including the requirements of the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code).
   (c) Upon execution of an agreement with the department to transfer
reimbursement funds for a project described in subdivision (a), the
commission may delay reimbursement pursuant to this section only if
cash-management issues prevent immediate repayment.
   (d) The commission, in consultation with regional and local
entities, and the department, may develop guidelines to implement
this section.
   (e) Commencing with the 2006-07 fiscal year, the commission shall
review and revise its guidelines to assure that lead applicant
agencies which have received letters of no prejudice as of June 30,
2005, are reimbursed on an equitable basis that serves the interest
of the entire state transportation program, taking into account
various factors, including, but not limited to, all of the following:
   (1) The impact on allocations for other projects funded under
Article 5.
   (2) The cash flow requirements necessary for projects in Article
5.
   (3) The extent to which the agencies have had to defer other high
priority STIP or TCRP projects because of advancing their own funds.
   (4) The extent to which reimbursements would be spent on the
construction phase of other STIP or TCRP projects.
   (5) Any adverse impact on the agency's other high priority
projects of postponing reimbursement until project completion as
opposed to allowing payment to be made based upon the amount of funds
expended on eligible costs for a project, payment to be made upon
the documentation of those eligible costs.
   (6) The level of commitment made by the agency in expending its
own funds for any component of a transportation project under Article
5.
   (f) In revising its guidelines pursuant to subdivision (e), the
commission shall not increase the maximum percentage of funding
allocated for reimbursement under this section beyond the maximum
percentage in effect in its guidelines as of June 30, 2005.



14556.34.  Any agency or combination of agencies that succeed to an
agency having any rights, powers, duties, or obligations under this
chapter, including, but not limited to, eligibility to apply for,
receive, and expend a grant allocation, shall fully succeed to those
rights, powers, duties, and obligations.


14556.36.  The commission shall report annually, starting no later
than February 2001, to the Governor and the Legislature on progress
in implementation of the program. The report shall assess programwide
implementation progress, and identify project schedules and delays,
project failures, cost savings, and any opportunities for the
specification of additional or alternative projects for funding. The
commission report may also discuss any significant issues associated
with implementation of the program, and recommend changes that could
improve implementation.


State Codes and Statutes

Statutes > California > Gov > 14556.25-14556.36

GOVERNMENT CODE
SECTION 14556.25-14556.36



14556.25.  (a) The department shall execute a cooperative agreement
with the lead applicant agency or the agency responsible for carrying
out the work for reimbursement of approved project expenditures,
using funds allocated by the commission for that purpose and project
phase. To reduce time and financial burden on lead applicant
agencies, the department shall use electronic reimbursement
procedures to the extent prudent and practical.
   (b) The cooperative agreement shall specify how additional costs
are to be covered, if necessary, and how savings are to be used or
distributed, if available, among all the various funding sources
being used for the project.



14556.26.  (a) Except as provided in subdivision (b), a regional or
local agency receiving an allocation from this program shall certify,
by resolution of its governing board, before final execution of the
cooperative agreement, that it will sustain its level of expenditures
for transportation purposes at a level that is consistent with the
average of its annual expenditures during the 1997-98, 1998-99, and
1999-2000 fiscal years, including funds reserved for transportation
purposes, during the fiscal years that the allocation provided under
this chapter is available for use. The certification is subject to
audit by the state.
   (b) A transportation entity that imposes a retail transactions and
use tax in accordance with an ordinance adopted pursuant to Part 1.6
(commencing with Section 7251) of Division 2 of the Revenue and
Taxation Code for transportation purposes, and receives an allocation
under this program, shall certify, by resolution of its governing
board, before final execution of the cooperative agreement, that
during the fiscal years that the allocation provided under this
chapter is available for use, the transportation entity will expend
the allocated funds for the originally programmed purpose, and that
the entity will not use for other than transportation capital
purposes any capital funds that were programmed, planned, or approved
for transportation capital purposes on or before the effective date
of the cooperative agreement. The certification is subject to audit
by the state.



14556.28.  (a) For applicants other than the department, funds
allocated shall generally be administered as a reimbursement program.
At the request of an applicant, the commission shall authorize an
advance payment for project development work necessary for a project
specified in Article 5 (commencing with Section 14556.40). At the
request of an applicant, the commission may authorize an advance
payment for demonstrated need, or for a project right-of-way,
construction, or procurement phase.
   (b) Project costs incurred prior to commission approval of a
project application may not be reimbursed. Project costs incurred
prior to commission allocation of funds, but after commission
approval of a project application, may be reimbursed retroactively
after allocation.


14556.29.  The Controller shall develop a system that provides
access to funds allocated by the commission under this article from
the Traffic Congestion Relief Fund by electronic transfer of funds.



14556.30.  (a) After receiving an allocation, the lead applicant
shall make diligent and timely progress toward completing the work as
described in the submitted application. If timely progress is not
achieved, the commission may review the status of the project. If the
commission finds the lead applicant agency is not pursuing project
work diligently, including use of funds under the agency's control
committed to the project, the commission may reallocate those funds
to another project or projects listed in Article 5 (commencing with
Section 14556.40).
   (b) If the commission and a lead applicant agency concur that a
project is delayed by factors external to the control of the lead
applicant agency and the factors are not likely to be removed within
a reasonable time, the lead applicant agency may submit an
application for an alternate or substitute project if the alternate
project is designed to relieve congestion consistent with this act,
is within the jurisdiction of the lead applicant agency, and meets
all other project approval requirements.
   (c) Notwithstanding Section 16304, funds allocated from the fund
shall be available for encumbrance for three years after the date of
allocation, and encumbered funds shall be available for liquidation
for two additional years. Any funds not expended by that time limit
shall revert to the fund.
   (d) The commission, with respect to any funds that revert to the
fund pursuant to subdivision (c), may direct the department to
reallocate those funds to the same project if the commission finds
that the lead applicant agency is pursuing the project diligently and
that the project has been delayed by factors external to the control
of the lead applicant agency. In no case may the amount made
available for expenditure on a project exceed the amount specified
for that project in that article.



14556.32.  (a) The rate of reimbursement of expenditures shall not
exceed the rate determined by the commission in its allocation of
funds.
   (b) After notifying the commission of savings in any phase, the
lead applicant may use those savings for expenditures on a later
phase of the same project.
   (c) If additional funds are needed to complete a project, the lead
applicant agency shall be responsible for securing the funding
needed from other sources outside this program. The commission may
not increase the allocation from this program beyond the amount
specified for the project in Article 5 (commencing with Section
14556.40) unless the Governor and the Legislature subsequently
designate a higher amount for the project.
   (d) If a project can be completed at a lower cost than expected,
any savings shall be divided among all funding sources contributing
to the project in the proportion each of the funding sources bears to
the total funding for the project as defined in the approved project
application. For the savings that revert to this program, the
commission shall determine the amount to be returned to the fund.
   (e) If a determination is made to cease funding for a project,
funds allocated but not expended on any phase shall be returned to
the fund.


14556.33.  (a) A regional or local entity that is a lead applicant
agency under Article 5 (commencing with Section 14556.40), may apply
to the commission for a letter of no prejudice for the project. If
approved by the commission, the letter of no prejudice allows the
regional or local entity to expend its own funds for any component of
the transportation project.
   (b) The amount expended under subdivision (a) shall be reimbursed
by the state if all of the following conditions are met:
   (1) The project is included in an adopted regional transportation
plan.
   (2) The department makes an allocation for the project pursuant to
Section 14556.20.
   (3) The expenditures made by the regional or local entity are
eligible for reimbursement in accordance with state and federal laws
and procedures. In the event expenditures made by the regional or
local entity are determined to be ineligible, the state has no
obligation to reimburse those expenditures.
   (4) The regional or local entity complies with all legal
requirements for the project, including the requirements of the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code).
   (c) Upon execution of an agreement with the department to transfer
reimbursement funds for a project described in subdivision (a), the
commission may delay reimbursement pursuant to this section only if
cash-management issues prevent immediate repayment.
   (d) The commission, in consultation with regional and local
entities, and the department, may develop guidelines to implement
this section.
   (e) Commencing with the 2006-07 fiscal year, the commission shall
review and revise its guidelines to assure that lead applicant
agencies which have received letters of no prejudice as of June 30,
2005, are reimbursed on an equitable basis that serves the interest
of the entire state transportation program, taking into account
various factors, including, but not limited to, all of the following:
   (1) The impact on allocations for other projects funded under
Article 5.
   (2) The cash flow requirements necessary for projects in Article
5.
   (3) The extent to which the agencies have had to defer other high
priority STIP or TCRP projects because of advancing their own funds.
   (4) The extent to which reimbursements would be spent on the
construction phase of other STIP or TCRP projects.
   (5) Any adverse impact on the agency's other high priority
projects of postponing reimbursement until project completion as
opposed to allowing payment to be made based upon the amount of funds
expended on eligible costs for a project, payment to be made upon
the documentation of those eligible costs.
   (6) The level of commitment made by the agency in expending its
own funds for any component of a transportation project under Article
5.
   (f) In revising its guidelines pursuant to subdivision (e), the
commission shall not increase the maximum percentage of funding
allocated for reimbursement under this section beyond the maximum
percentage in effect in its guidelines as of June 30, 2005.



14556.34.  Any agency or combination of agencies that succeed to an
agency having any rights, powers, duties, or obligations under this
chapter, including, but not limited to, eligibility to apply for,
receive, and expend a grant allocation, shall fully succeed to those
rights, powers, duties, and obligations.


14556.36.  The commission shall report annually, starting no later
than February 2001, to the Governor and the Legislature on progress
in implementation of the program. The report shall assess programwide
implementation progress, and identify project schedules and delays,
project failures, cost savings, and any opportunities for the
specification of additional or alternative projects for funding. The
commission report may also discuss any significant issues associated
with implementation of the program, and recommend changes that could
improve implementation.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Gov > 14556.25-14556.36

GOVERNMENT CODE
SECTION 14556.25-14556.36



14556.25.  (a) The department shall execute a cooperative agreement
with the lead applicant agency or the agency responsible for carrying
out the work for reimbursement of approved project expenditures,
using funds allocated by the commission for that purpose and project
phase. To reduce time and financial burden on lead applicant
agencies, the department shall use electronic reimbursement
procedures to the extent prudent and practical.
   (b) The cooperative agreement shall specify how additional costs
are to be covered, if necessary, and how savings are to be used or
distributed, if available, among all the various funding sources
being used for the project.



14556.26.  (a) Except as provided in subdivision (b), a regional or
local agency receiving an allocation from this program shall certify,
by resolution of its governing board, before final execution of the
cooperative agreement, that it will sustain its level of expenditures
for transportation purposes at a level that is consistent with the
average of its annual expenditures during the 1997-98, 1998-99, and
1999-2000 fiscal years, including funds reserved for transportation
purposes, during the fiscal years that the allocation provided under
this chapter is available for use. The certification is subject to
audit by the state.
   (b) A transportation entity that imposes a retail transactions and
use tax in accordance with an ordinance adopted pursuant to Part 1.6
(commencing with Section 7251) of Division 2 of the Revenue and
Taxation Code for transportation purposes, and receives an allocation
under this program, shall certify, by resolution of its governing
board, before final execution of the cooperative agreement, that
during the fiscal years that the allocation provided under this
chapter is available for use, the transportation entity will expend
the allocated funds for the originally programmed purpose, and that
the entity will not use for other than transportation capital
purposes any capital funds that were programmed, planned, or approved
for transportation capital purposes on or before the effective date
of the cooperative agreement. The certification is subject to audit
by the state.



14556.28.  (a) For applicants other than the department, funds
allocated shall generally be administered as a reimbursement program.
At the request of an applicant, the commission shall authorize an
advance payment for project development work necessary for a project
specified in Article 5 (commencing with Section 14556.40). At the
request of an applicant, the commission may authorize an advance
payment for demonstrated need, or for a project right-of-way,
construction, or procurement phase.
   (b) Project costs incurred prior to commission approval of a
project application may not be reimbursed. Project costs incurred
prior to commission allocation of funds, but after commission
approval of a project application, may be reimbursed retroactively
after allocation.


14556.29.  The Controller shall develop a system that provides
access to funds allocated by the commission under this article from
the Traffic Congestion Relief Fund by electronic transfer of funds.



14556.30.  (a) After receiving an allocation, the lead applicant
shall make diligent and timely progress toward completing the work as
described in the submitted application. If timely progress is not
achieved, the commission may review the status of the project. If the
commission finds the lead applicant agency is not pursuing project
work diligently, including use of funds under the agency's control
committed to the project, the commission may reallocate those funds
to another project or projects listed in Article 5 (commencing with
Section 14556.40).
   (b) If the commission and a lead applicant agency concur that a
project is delayed by factors external to the control of the lead
applicant agency and the factors are not likely to be removed within
a reasonable time, the lead applicant agency may submit an
application for an alternate or substitute project if the alternate
project is designed to relieve congestion consistent with this act,
is within the jurisdiction of the lead applicant agency, and meets
all other project approval requirements.
   (c) Notwithstanding Section 16304, funds allocated from the fund
shall be available for encumbrance for three years after the date of
allocation, and encumbered funds shall be available for liquidation
for two additional years. Any funds not expended by that time limit
shall revert to the fund.
   (d) The commission, with respect to any funds that revert to the
fund pursuant to subdivision (c), may direct the department to
reallocate those funds to the same project if the commission finds
that the lead applicant agency is pursuing the project diligently and
that the project has been delayed by factors external to the control
of the lead applicant agency. In no case may the amount made
available for expenditure on a project exceed the amount specified
for that project in that article.



14556.32.  (a) The rate of reimbursement of expenditures shall not
exceed the rate determined by the commission in its allocation of
funds.
   (b) After notifying the commission of savings in any phase, the
lead applicant may use those savings for expenditures on a later
phase of the same project.
   (c) If additional funds are needed to complete a project, the lead
applicant agency shall be responsible for securing the funding
needed from other sources outside this program. The commission may
not increase the allocation from this program beyond the amount
specified for the project in Article 5 (commencing with Section
14556.40) unless the Governor and the Legislature subsequently
designate a higher amount for the project.
   (d) If a project can be completed at a lower cost than expected,
any savings shall be divided among all funding sources contributing
to the project in the proportion each of the funding sources bears to
the total funding for the project as defined in the approved project
application. For the savings that revert to this program, the
commission shall determine the amount to be returned to the fund.
   (e) If a determination is made to cease funding for a project,
funds allocated but not expended on any phase shall be returned to
the fund.


14556.33.  (a) A regional or local entity that is a lead applicant
agency under Article 5 (commencing with Section 14556.40), may apply
to the commission for a letter of no prejudice for the project. If
approved by the commission, the letter of no prejudice allows the
regional or local entity to expend its own funds for any component of
the transportation project.
   (b) The amount expended under subdivision (a) shall be reimbursed
by the state if all of the following conditions are met:
   (1) The project is included in an adopted regional transportation
plan.
   (2) The department makes an allocation for the project pursuant to
Section 14556.20.
   (3) The expenditures made by the regional or local entity are
eligible for reimbursement in accordance with state and federal laws
and procedures. In the event expenditures made by the regional or
local entity are determined to be ineligible, the state has no
obligation to reimburse those expenditures.
   (4) The regional or local entity complies with all legal
requirements for the project, including the requirements of the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code).
   (c) Upon execution of an agreement with the department to transfer
reimbursement funds for a project described in subdivision (a), the
commission may delay reimbursement pursuant to this section only if
cash-management issues prevent immediate repayment.
   (d) The commission, in consultation with regional and local
entities, and the department, may develop guidelines to implement
this section.
   (e) Commencing with the 2006-07 fiscal year, the commission shall
review and revise its guidelines to assure that lead applicant
agencies which have received letters of no prejudice as of June 30,
2005, are reimbursed on an equitable basis that serves the interest
of the entire state transportation program, taking into account
various factors, including, but not limited to, all of the following:
   (1) The impact on allocations for other projects funded under
Article 5.
   (2) The cash flow requirements necessary for projects in Article
5.
   (3) The extent to which the agencies have had to defer other high
priority STIP or TCRP projects because of advancing their own funds.
   (4) The extent to which reimbursements would be spent on the
construction phase of other STIP or TCRP projects.
   (5) Any adverse impact on the agency's other high priority
projects of postponing reimbursement until project completion as
opposed to allowing payment to be made based upon the amount of funds
expended on eligible costs for a project, payment to be made upon
the documentation of those eligible costs.
   (6) The level of commitment made by the agency in expending its
own funds for any component of a transportation project under Article
5.
   (f) In revising its guidelines pursuant to subdivision (e), the
commission shall not increase the maximum percentage of funding
allocated for reimbursement under this section beyond the maximum
percentage in effect in its guidelines as of June 30, 2005.



14556.34.  Any agency or combination of agencies that succeed to an
agency having any rights, powers, duties, or obligations under this
chapter, including, but not limited to, eligibility to apply for,
receive, and expend a grant allocation, shall fully succeed to those
rights, powers, duties, and obligations.


14556.36.  The commission shall report annually, starting no later
than February 2001, to the Governor and the Legislature on progress
in implementation of the program. The report shall assess programwide
implementation progress, and identify project schedules and delays,
project failures, cost savings, and any opportunities for the
specification of additional or alternative projects for funding. The
commission report may also discuss any significant issues associated
with implementation of the program, and recommend changes that could
improve implementation.