Chapter 10Grade Separation Projects
Section § 2450
This section defines terms related to grade separation projects for roadways and railroads. A 'grade separation' is a structure that separates a road from railroad tracks, following specific design standards. The term 'project' covers all construction needed to achieve this separation, like ramps or drainage, and it may include facilities for nonmotorized traffic unless deemed unnecessary. If there is only one track but potential for two, the project should allow for future expansion. 'Highway' includes city streets and non-freeway state or county roads. 'Railroad' refers to railroad corporations.
Section § 2451
This section defines a "local agency" to include cities, counties, separation-of-grade districts, and any public entity providing rail passenger services. It also states that before a separation-of-grade district can apply for project funding, it must first consult with and get written consent from the local city or county where the project will take place.
Section § 2452
Every year by July 1st, the Public Utilities Commission must create a prioritized list of projects needing separation or alteration. The projects are ranked based on specific criteria set by the Commission.
Section § 2453
This law states that the California Transportation Commission is responsible for distributing funds set aside from Section 190 and other sources for transportation projects. These projects should be on the priority list as per Section 2452. The money can be used for both preconstruction and construction costs. If the funds go to a local agency, certain requirements from Sections 2456 and 2457 must be satisfied first.
Section § 2453.5
This law allows the department to provide its feedback and suggestions to the commission about any project that is getting funding.
Section § 2454
This law outlines how funding for certain transportation projects is determined, specifically about crossing eliminations or railroad grade separations. Generally, the state will cover 80% of a project's estimated cost, but this decreases if contributions from elsewhere are more than 20%.
For projects that affect existing crossings, the railroad must chip in 10% of the costs. Usually, these allocations max out at $5 million per project unless the project is the top priority on the Public Utilities Commission's list, where it could receive up to $15 million. Projects costing from $5 to $20 million can be considered if they meet specific criteria, like preventing future projects and saving at least 50% in costs.
Additionally, there's a limit on how much can be allocated annually without legislative approval and only one project per agency every ten years unless funds remain available. Also, when federal or state funds are used, the railroad's contribution may be differently calculated based on federal or state law requirements.
Section § 2454.2
This law concerns the removal and replacement of train tracks used by the Sacramento Northern Railway in Pittsburg, California, to improve safety by redirecting trains carrying hazardous materials, like explosives, through a safer route. It allows for funding from a specific allocation even if the railway does not financially contribute to the project. The decision on the railway's contribution to the costs will be made by the Public Utilities Commission, but not contributing does not disqualify the project from funding. This is important because the trains cross residential areas, posing risks to local residents.
Section § 2455
When a local agency gets funds from the commission, it must agree with the department on how to manage and keep track of the money. This includes setting up systems to pay quickly for work done, so the agency doesn't have to use more money than its share of the project costs. They may also plan how the work will progress to make the best use of the funds provided by the Legislature.
Section § 2456
Before a local agency can get funding for construction costs, they need to prove a few things to the department. They must show the Public Utilities Commission has approved everything, confirm local funding is ready as needed, and have settled agreements with railroads if they're part of the project. Environmental impact reports must be prepared and approved if needed. All these steps should be able to get done within two years of funding allocation. If there are any unsold general obligation bonds, they count as available funds if the agency can sell them at any time.
Section § 2457
This law explains that expenses incurred by a local agency before starting construction on public projects, like planning and preparing reports, can be counted as part of the total project cost. The local agency must show proof that it can meet future funding requirements for these costs to be approved. Even if the project starts before getting funding, the agency can still receive the money later as long as they get approved in the same fiscal year.
Section § 2458
If a project hasn't started construction within two years after funds were designated for it, the commission can cancel the funding, and the money goes back to the original fund. If preconstruction isn't progressing well, that funding can also be canceled and returned. The local agency must repay any non-reverted funds, with repayment timing decided with the department.
Section § 2459
This law explains how funds are managed for certain projects. If the project's actual cost is lower than expected, any leftover money goes back to the fund for future use. If the project's cost is higher, additional funds can be given to cover it, but only if the commission believes that the project would have initially received the extra funds based on its priority ranking.
Section § 2460
If there are more projects that meet the criteria than there is money available, the projects that are highest on the established priority list will get funding first. The commission can allocate funds to any project if it believes there will be enough money available for all higher-priority projects expected to qualify in that financial year.
Section § 2460.5
After completing allocations for higher priority projects, the commission will offer remaining funds to the next eligible project, even if there isn't enough to fully cover what the local agency is entitled to. The following fiscal year, the commission will provide the additional funds needed to reach the agency's entitled amount. However, the total funding for a single project can't exceed a certain limit unless the legislature specifically allows it.
Section § 2460.7
This law says that if a local agency has a project on the priority list, they can choose to start building it before it gets priority funding. The project will still be eligible for future funding once it officially reaches a high enough priority. If and when it qualifies for funding, the local agency will be reimbursed for construction costs just like any other funded project, but this is only if two conditions are met: the work must follow the department's rules, and the project needs approval from the California Transportation Commission first.
Section § 2461
Money designated for specific projects on state highways will be counted as spending for the county where the project is located. This is important for meeting certain rules about how highway funds are used in different areas.