Chapter 3Powers and Functions

Section § 132820

Explanation

This statute outlines the powers of the commission in relation to local transportation funds. It allows the commission to use up to 3% of these funds for its planning and programming duties. The commission is also granted the authority to engage in legal actions, enter contracts with vendors, and take any necessary actions to fulfill its purposes.

The commission may do any of the following:
(a)CA Public Utilities Code § 132820(a) Use up to 3 percent of the revenues in the local transportation fund for purposes of carrying out its transportation planning and programming responsibilities.
(b)CA Public Utilities Code § 132820(b) Sue and be sued.
(c)CA Public Utilities Code § 132820(c) Enter into contracts with qualified vendors to further the purposes of the commission.
(d)CA Public Utilities Code § 132820(d) Do any and all things necessary to carry out the purposes of this division.
transportation fund commission powers local transportation funding transportation planning programming responsibilities legal authority contracts with vendors sue and be sued local transit planning financial allocation for transit
(Amended by Stats. 2019, Ch. 11, Sec. 1. (AB 335) Effective January 1, 2020.)

Section § 132822

Explanation

This section gives a commission the ability to work with local agencies in the County of Imperial to help run and organize programs. The commission can create and manage nontransportation services, like animal control or emergency response, as long as a majority of its board agrees. They can also act as a regional agency or take charge in freeway emergencies after passing a board resolution. There's a strong rule that transportation funds must only be used for transportation purposes, and money from a specific tax measure can't be used for these programs. The commission can also seek additional funding through grants. 'Local agency' here means any local government or public organization.

(a)CA Public Utilities Code § 132822(a) The commission, in cooperation with local agencies that elect to participate, may, within the boundaries of the County of Imperial, assist those agencies in the coordination, administration, and implementation of programs and policies.
(b)Copy CA Public Utilities Code § 132822(b)
(1)Copy CA Public Utilities Code § 132822(b)(1) The commission may evaluate, develop, and implement nontransportation programs that it determines would provide local benefits by consolidating and sharing costs and resources, by facilitating local agency cooperation, or by operating under the commission’s management. These nontransportation programs include providing animal control services, waste management services, emergency response services, and multiagency communication services during countywide natural disasters such as earthquakes, fires, and floods.
(2)CA Public Utilities Code § 132822(b)(2) The commission may develop or implement a nontransportation program only upon a majority vote of, and the adoption of a resolution by, the commission’s board.
(c)CA Public Utilities Code § 132822(c) Consistent with this section, the commission may function as a regional agency for purposes of Article 3 (commencing with Section 40970) of Chapter 1 of Part 2 of Division 30 of the Public Resources Code.
(d)CA Public Utilities Code § 132822(d) Consistent with this section, the commission, upon adoption of a resolution by its board, may function as the service authority for freeway emergencies for the County of Imperial pursuant to Section 2551 of the Streets and Highways Code.
(e)CA Public Utilities Code § 132822(e) The commission may apply for, and receive, moneys and grants available to carry out its functions.
(f)Copy CA Public Utilities Code § 132822(f)
(1)Copy CA Public Utilities Code § 132822(f)(1) The commission shall not use transportation moneys for nontransportation purposes.
(2)CA Public Utilities Code § 132822(f)(2) Revenues from the County of Imperial sales tax extended pursuant to local Measure D, which was approved by voters at the November 4, 2008, statewide general election, shall not be used for purposes of this section.
(g)CA Public Utilities Code § 132822(g) For purposes of this section, “local agency” means a county, city, whether general law or chartered, city and county, town, municipal corporation, district, political subdivision, or any board, commission, or agency thereof, or other local public agency.
County of Imperial nontransportation programs local agency cooperation animal control services waste management services emergency response services multiagency communication natural disasters regional agency function freeway emergencies funding restrictions transportation funds Measure D sales tax board resolution grant application
(Added by Stats. 2019, Ch. 11, Sec. 2. (AB 335) Effective January 1, 2020.)

Section § 132824

Explanation

This law outlines the responsibilities of a commission in developing transportation plans. First, they must create a three- to five-year transportation improvement program for projects funded by federal, state, and local funds. This program needs to be coordinated with a regional planning agency and include a memorandum of understanding between relevant agencies.

Second, the commission must manage local transportation funds in line with the Transportation Development Act (TDA). Lastly, the commission needs to prepare a short-range transit plan as required by the TDA.

The commission shall undertake the following:
(a)CA Public Utilities Code § 132824(a)  Prepare a short-range transportation plan that includes the development and approval of a three- to five-year transportation improvement program, as follows:
(1)CA Public Utilities Code § 132824(a)(1) The transportation improvement program shall apply to all projects funded with federal, state, and local funds.
(2)CA Public Utilities Code § 132824(a)(2) The transportation improvement program shall be developed in coordination and consultation with the multicounty designated transportation planning agency, and shall be consistent with that agency’s regional transportation plan.
(3)CA Public Utilities Code § 132824(a)(3) The county commission and the multicounty designated transportation planning agency shall enter into a memorandum of understanding specifying the process for preparing the transportation improvement program.
(4)CA Public Utilities Code § 132824(a)(4) The commission shall consult with its member agencies, the Department of Transportation, adjacent counties, and other entities public and private when preparing its short-range plan and transportation improvement program.
(b)CA Public Utilities Code § 132824(b)  The commission shall be responsible for administering the funds deposited in the local transportation fund according to the terms and conditions of the Mills-Alquist-Deddeh Act (Chapter 4 (commencing with Section 99200) of Part 11 of Division 10), which is also known as the Transportation Development Act, or any successor to that act.
(c)CA Public Utilities Code § 132824(c) The commission shall be responsible for preparing the short-range transit plan required by the Transportation Development Act.
short-range transportation plan three- to five-year improvement program federal state local funding multicounty transportation agency regional transportation plan memorandum of understanding transportation improvement program local transportation fund Mills-Alquist-Deddeh Act Transportation Development Act short-range transit plan transportation projects coordination member agencies consultation Department of Transportation adjacent counties
(Added by Stats. 2009, Ch. 56, Sec. 1. (SB 607) Effective January 1, 2010.)