This chapter may be cited as the Federal-Aid Secondary Highways Act.
Chapter 5Federal Aid for Secondary Highways
Section § 2200
This section is known as the Federal-Aid Secondary Highways Act.
Federal-Aid Secondary Highways highway funding secondary highways transportation infrastructure road projects federal assistance state highways transportation funding highway improvement infrastructure development
Section § 2201
This section gives state and local agencies the authority to take necessary actions to secure federal funds for road projects on secondary roads in California. These actions should align with both federal law and this chapter's intentions.
Various federal-aid highway acts have authorized appropriations for various programs for projects on secondary roads within this state. The purpose of this chapter is to implement such programs in this state. The commission, the department, and boards of supervisors are authorized to do all things necessary in their jurisdictions to secure such federal funds in accordance with the intent of the federal law and of this chapter.
federal-aid highway acts appropriations secondary roads projects federal funds road infrastructure California commission department of transportation boards of supervisors jurisdiction implementation federal highway programs state road projects funding authorization road development transportation funding
Section § 2202
This law acknowledges that the federal government stopped providing aid for secondary highways in 1991. It states that until all previously allocated federal funds for these highways are fully spent, the law remains effective. Once all the funds are used, the director will inform the Secretary of State, and the law will be repealed the following January 1.
The Legislature recognizes that federal aid for secondary highways was deleted from federal law by the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240), and that a period of time is required to account for expenditures of federal funds provided for these purposes under previous federal transportation acts. This chapter shall remain in effect until the director determines that apportionments of all federal aid for secondary highways have been expended. Upon making that determination, the director shall submit a notice to that effect to the Secretary of State, and this chapter shall be repealed on January 1 following the receipt of that notice by the Secretary of State.
Intermodal Surface Transportation Efficiency Act secondary highways federal aid highway funding repeal process apportionments federal transportation acts expenditure period Secretary of State notice law expiration
Section § 2203
This law section defines what a 'county highway' is for the purposes of this chapter. It explains that a county highway is one that conforms to the definitions set out in two other legal sources. First, it is as defined by Section 25, which isn't detailed here. Second, it's part of the system of secondary and feeder roads, which are types of roads that connect smaller roads to major highways, as outlined by certain U.S. federal law.
As used in this chapter, “county highway” means a county highway, as defined by Section 25, which is on the system of secondary and feeder roads as defined by Section 103(c) of Title 23 of the United States Code.
county highway secondary roads feeder roads road system Title 23 Section 25 federal law definition traffic infrastructure transportation network U.S. Code Section 103(c) road classification connection to major highways legal road definitions California transportation road system planning
Section § 2204
This section clarifies that when the word "county" is used in this chapter, it does not mean a city and county combined into one entity, like San Francisco.
As used in this chapter, “county” does not include a city and county.
definition of county exclusion of city and county county term clarification city and county distinction San Francisco exception municipal definition local government terminology county versus city chapter terminology government structure terms legal definitions county designation legal terminology clarification chapter-specific definition
Section § 2206
In this context, the term "match" refers to covering the costs of a project that are not funded by federal money.
As used in this chapter, “match” means to provide for the payment of the cost of any project to the extent that such cost is not to be paid from federal funds.
project funding matching funds non-federal funding project costs financial contribution funding sources cost sharing federal funding exclusion payment responsibility local matching funds
Section § 2208
This law explains how certain federal funds received by California for the Federal-Aid Secondary System should be distributed. The state's department is responsible for apportioning at least 98% of these funds to counties. The distribution follows a specific formula, but has to use the most recent federal census data for accurate allocation.
Funds apportioned to this state pursuant to subdivision (b)(2) of Section 104 of Title 23 of the United States Code for the Federal-Aid Secondary System shall be apportioned by the department. At least 98 percent of such funds shall be apportioned among the counties in the manner and in accordance with the formula set forth in that subdivision, except that the census figures used in making the apportionment shall be those contained in the latest available federal census.
Federal-Aid Secondary System fund distribution county apportionment federal funds census figures latest federal census transportation funding state department allocation funding formula pursuant to US Code Title 23 subdivision (b)(2) apportionment fund management county funding federal-aid system California transportation funds
Section § 2209
This law allows counties in California to convert their federal highway funding into nonfederal state funds if certain conditions are met. Specifically, if a county receives less than 1% of the total state-wide allocation, it can exchange all of its federal funds for state funds. If a county receives more than 3.5% of the total allocation, it can exchange the amount over that threshold for state funds. These exchanged state funds can be used by the county for any highway construction needs.
If the annual apportionment to a county pursuant to Section 2208 is less than 1 percent of the total of such allocations to all counties, the county may exchange its apportionment for an equal amount of nonfederal funds in the State Highway Account in the State Transportation Fund. If the apportionment to a county is more than 31/2 percent of the total of such allocations to all counties, the county may exchange that portion of its apportionment in excess of the 31/2 percent for an equal amount of nonfederal funds in the State Highway Account. Exchange funds received by a county pursuant to this section may be used for any highway construction purpose.
county federal funding state highway account exchange of funds nonfederal funds highway construction use state transportation fund funding thresholds county allocation highway fund exchange percentage thresholds Section 2208 allocations county apportionment federal to state fund conversion
Section § 2210
This law states that from state funds, counties in California can receive up to $100,000 each fiscal year. This amount is meant to match, by 50%, the federal funds they get for highway-related projects.
These funds shouldn't be decreased by any fund exchanges under a different section (Section 2209), and must be included when checking compliance with another section (Section 188). They're primarily intended to match federal funds but any leftover can be used for any highway construction needs.
From nonfederal funds in the State Highway Account in the State Transportation Fund appropriated to match the funds apportioned pursuant to Section 2208, the commission shall allocate to each county an amount, not to exceed one hundred thousand dollars ($100,000) each fiscal year, equal to 50 percent of the amount allocated to the county pursuant to that section. The amount shall not be reduced by any exchange of funds made pursuant to Section 2209. All funds allocated pursuant to this section shall be included in the computation of compliance with the requirements of Section 188. Funds allocated pursuant to this section shall be used to match federal funds. Any excess may be used for any highway construction purpose.
State Highway Account State Transportation Fund county allocations fiscal year federal fund matching highway construction Section 2208 Section 2209 Section 188 compliance nonfederal funds excess funds usage transportation funding California counties fund exchange restrictions
Section § 2211
Every year, the department informs counties about the federal funds available for them and the additional funds per Section 2210. Counties have 60 days to claim their share and agree to provide matching funds. Once they claim these funds, counties and the department work together to select projects that comply with federal requirements. Counties must then prepare plans and cost estimates for these projects, certify necessary land, and submit documents to the department to qualify for the federal funds.
The department shall notify each county, as soon as possible each year, of the amount of money to be available for expenditure in the county from the federal apportionment and of the amount of money to be made available pursuant to Section 2210.
After receiving notice of apportionment from the department, each county shall have 60 days in which to notify the department as to what amount of the apportionment the county wishes to claim and to agree to provide matching funds therefor. The counties, in cooperation with the department, shall thereafter select projects in conformance with federal law. The counties shall prepare plans, specifications, and estimates of cost for construction of the projects, and shall certify the necessary right-of-way and shall submit such documents to the department to qualify for the federal funds.
federal apportionment county funding matching funds project selection federal requirements construction plans right-of-way certification qualify for federal funds department notification Section 2210 funds county notification 60-day response estimate of cost project compliance federal law conformance
Section § 2213
This law section allows a county, with an agreement from the department, to transfer its allocated funds to a federal-aid secondary road project. The funds can be used in various ways: in a neighboring county if the highway connects the two counties; in another county under agreed terms, including fund exchanges; in a city within the same county; or on a state highway within the same county group. Importantly, using these funds does not affect the county's obligations under certain other funding requirements.
By agreement with the department, a county may transfer all or part of the funds apportioned to it, and in its discretion matching funds, to a federal-aid secondary road project:
(a)CA Streets and Highways Code § 2213(a) In an adjoining county where the highway connects points in the two counties.
(b)CA Streets and Highways Code § 2213(b) In another county under such terms and conditions as are agreed upon by the department and the counties involved, including provisions relating to the reciprocal advancement of funds between the counties involved.
(c)CA Streets and Highways Code § 2213(c) In a city in the same county.
(d)CA Streets and Highways Code § 2213(d) For use with respect to a state highway in the same county or other county in the same county group as specified in Section 187. Such an expenditure of federal funds or the money apportioned by the state to match the unexpended balance of the federal aid shall not be deemed an expenditure to meet the requirements of Section 188.8.
county fund transfer federal-aid road projects adjoining counties highways county and city projects state highway funds county group projects reciprocal advancement of funds secondary road funding department agreement fund apportionment conditions infrastructure funding matching funds county-level transportation projects regional highway improvements Section 187 provisions
Section § 2214
This law explains that if a county in California doesn't claim or use its federal-aid secondary funds, those funds will be used for construction projects on state highways in that county's group. The funds will be used in line with federal laws. Additionally, the state's apportioned money that matches the unspent federal funds is considered to satisfy certain state expenditure requirements.
Federal-aid secondary funds apportioned to any county under Section 2208 and not claimed or used as provided in Sections 2211 to 2213, inclusive, shall be expended on construction of projects upon the state highway system in the county group, as specified in Section 187, which includes the county from which released, to the extent that such may be done in conformity with federal law. The money apportioned by the state to match the unexpended balance of the federal aid in any county, in accordance with this section and the federal law, shall be deemed an expenditure to meet the requirements of Sections 188 and 188.8.
federal-aid secondary funds unclaimed funds county infrastructure state highway projects construction projects fund apportionment expenditure requirements Section 188 Section 188.8 county group state matching funds unused federal aid highway system construction state and federal compliance Section 2208
