Section § 163

Explanation

This section establishes guidelines for using transportation funds in California, including state and federal funds. "Federal funds" are defined as money provided under annual federal transportation laws. The Department and Commission must create fund estimates considering these rules:

(a) Department administration costs will match the latest Budget Act, adjusted for inflation.

(b) Maintenance and operation costs for highways will also match the latest Budget Act, adjusted for inflation and inventory, or follow a maintenance plan if one exists.

(c) Costs for highway rehabilitation will match the latest Budget Act or follow a long-range rehab plan, if available.

(d) Local assistance funding will cover mandatory programs like railroad maintenance and air quality projects.

(e) After covering all these expenses, leftover funds will be used for ongoing improvement projects statewide.

The Legislature, through the enactment of this section, intends to establish a policy for the use of all transportation funds that are available to the state, including the State Highway Account, the Public Transportation Account, and federal funds. For the purposes of this section, “federal funds” means any obligational authority to be provided under annual federal transportation appropriations acts. The department and the commission shall prepare fund estimates pursuant to Sections 14524 and 14525 of the Government Code based on the following:
(a)CA Streets And Highways Code § 163(a) Annual expenditures for the administration of the department shall be the same as the most recent Budget Act, adjusted for inflation.
(b)CA Streets And Highways Code § 163(b) Annual expenditures for the maintenance and operation of the state highway system shall be the same as the most recent Budget Act, adjusted for inflation and inventory, or, when a maintenance plan has been enacted pursuant to Section 164.6, maintenance expenditures shall be based on planned expenditures in that plan.
(c)CA Streets And Highways Code § 163(c) Annual expenditure for the rehabilitation of the state highway system shall be the same as the most recent Budget Act, or, when a long-range rehabilitation plan has been enacted pursuant to Section 164.6, shall be based on planned expenditures in that long-range plan.
(d)CA Streets And Highways Code § 163(d) Annual expenditures for local assistance shall be the amount required to fund local assistance programs required by state or federal law or regulations, including, but not limited to, railroad grade crossing maintenance, bicycle transportation account, congestion mitigation and air quality, regional surface transportation programs, local highway bridge replacement and rehabilitation, local seismic retrofit, local hazard elimination and safety, and local emergency relief.
(e)CA Streets And Highways Code § 163(e) After deducting expenditures for administration, operation, maintenance, local assistance, safety, and rehabilitation pursuant to subdivisions (a), (b), (c), and (d), and for expenditures pursuant to Section 164.56, the remaining funds shall be available for capital improvement projects to be programmed in the state transportation improvement program.

Section § 164

Explanation

This law outlines how transportation funds in California should be allocated. A quarter of the funds are for projects that improve connections between different regions, and the rest are for projects within regions. Most of the money for interregional improvements must go to state highways and intercity rail projects outside large cities. At least 15% of that money must be dedicated to enhancing rail travel. Projects can include highways, rail, and transit systems. Regional funds can be used for a variety of local transportation projects, from road and transit improvements to pedestrian paths and bicycle lanes, and to help secure federal matching funds.

(a)CA Streets And Highways Code § 164(a) Funds made available for transportation capital improvement projects under subdivision (e) of Section 163 shall be programmed and expended for the following program categories:
(1)CA Streets And Highways Code § 164(a)(1) Twenty-five percent for interregional improvements.
(2)CA Streets And Highways Code § 164(a)(2) Seventy-five percent for regional improvements.
(b)CA Streets And Highways Code § 164(b) Sixty percent of the funds available for interregional improvements under paragraph (1) of subdivision (a) shall be programmed and expended for improvements to state highways that are specified in Sections 164.10 to 164.20, inclusive, and that are outside the boundaries of an urbanized area with a population of more than 50,000, and for intercity rail improvements.
(c)CA Streets And Highways Code § 164(c) Not less than 15 percent of the amount of funds programmed under subdivision (b) shall be programmed for intercity rail improvement projects, including separation of grade projects.
(d)CA Streets And Highways Code § 164(d) Funds made available under paragraph (1) of subdivision (a) shall be used for transportation improvement projects that are needed to facilitate interregional movement of people and goods. The projects may include state highway, intercity passenger rail, mass transit guideway, or grade separation projects.
(e)CA Streets And Highways Code § 164(e) Funds made available under paragraph (2) of subdivision (a) shall be used for transportation improvement projects that are needed to improve transportation within the region. The projects may include, but shall not be limited to, improving state highways, local roads, public transit, intercity rail, pedestrian, and bicycle facilities, and grade separation, transportation system management, transportation demand management, soundwall projects, intermodal facilities, safety, and providing funds to match federal funds.

Section § 164.1

Explanation

This law explains how federal funds from a specific border infrastructure program should be handled in California. These funds, from the SAFETEA-LU Act, must be clearly listed in state transportation plans and can be used for a wide range of projects, even those in Mexico. They aren't tied to the usual state formula restrictions. The state can use any local or state funds to cover the required nonfederal match, provided the regional agency agrees.

(a)CA Streets And Highways Code § 164.1(a) Federal funds derived from apportionments made to the state under Section 1101(a)(11) of the federal Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU; P.L. 109-59) for the coordinated border infrastructure program established under Section 1303 of that act shall be included and separately identified in the fund estimates prepared pursuant to Sections 14524 and 14525 of the Government Code, the interregional transportation improvement program submitted by the department pursuant to Section 14526 of the Government Code, and the state transportation improvement program adopted by the commission pursuant to Section 14529 of the Government Code. Except as otherwise provided in subdivision (b), these funds shall be programmed, allocated, and expended in the same manner as other federal funds made available for capital improvement projects in the state transportation improvement program.
(b)CA Streets And Highways Code § 164.1(b) Notwithstanding any other provision of law:
(1)CA Streets And Highways Code § 164.1(b)(1) The programming, allocation, and expenditure of the funds described in subdivision (a) may be for any purpose authorized under federal law, including projects in Mexico.
(2)CA Streets And Highways Code § 164.1(b)(2) The funds described in subdivision (a) shall not be subject to the distribution formulas and limitations described in Section 164.
(3)CA Streets And Highways Code § 164.1(b)(3) The nonfederal match for the funds described in subdivision (a) may be programmed from any available local source, or any available state transportation funding source, including other state transportation improvement program funding, if the regional transportation planning agency concurs.

Section § 164.3

Explanation

This law defines the interregional road system in California as comprising only the routes listed in detailed Sections 164.10 to 164.20.

The interregional road system shall include, and shall be limited to, those routes that are specified in Sections 164.10 to 164.20, inclusive.

Section § 164.6

Explanation

This law requires the department to create a comprehensive State Highway System Management Plan. This plan includes a 10-year schedule for highway and bridge rehabilitation, starting from July 1, 1998, and ending by June 30, 2008, updated every two years. It must also have a five-year maintenance plan addressing essential maintenance to prevent future costs, detailing any backlog and funding strategies.

The plan should outline specific achievements, goals, costs, and performance metrics, including pedestrian and bicycle facilities, aiming for cost control and efficiency. By 2027, transit priority facilities will also be included. The plan strives to balance rehabilitation and maintenance resources for cost-effective outcomes, and highlights future cost savings from increased maintenance.

The draft plan is due for commission review every odd-numbered year by February 15, with the final draft sent to the Governor and Legislature by June 1. Regional agencies should review and comment on the draft, influencing the final version. The plan guides budget requests and fund estimates.

(a)Copy CA Streets And Highways Code § 164.6(a)
(1)Copy CA Streets And Highways Code § 164.6(a)(1) The department shall prepare a State Highway System Management Plan. The plan shall include a 10-year state highway system rehabilitation plan for the rehabilitation or reconstruction, or the combination thereof, by the State Highway Operation and Protection Program, of all state highways and bridges owned by the state. The plan shall identify all rehabilitation needs for the 10-year period beginning on July 1, 1998, and ending on June 30, 2008, and shall include a schedule of improvements to complete all needed rehabilitation during the life of the plan not later than June 30, 2008. The plan shall be updated every two years beginning in 2000.
(2)CA Streets And Highways Code § 164.6(a)(2) The State Highway System Management Plan shall also include a five-year maintenance plan that addresses the maintenance needs of the state highway system. The maintenance plan shall be updated every two years, concurrent with the rehabilitation plan described in paragraph (1). The maintenance plan shall include only maintenance activities that, if the activities are not performed, could result in increased State Highway Operation and Protection Program costs in the future. The maintenance plan shall identify any existing backlog in those maintenance activities and shall recommend a strategy, specific activities, and an associated funding level to reduce or prevent any backlog during the plan five-year period.
(b)Copy CA Streets And Highways Code § 164.6(b)
(1)Copy CA Streets And Highways Code § 164.6(b)(1) The State Highway System Management Plan shall include specific quantifiable accomplishments, goals, objectives, costs, and performance measures, including for complete streets facilities, including pedestrian and bicycle facilities, consistent with the asset management plan required by Section 14526.4 of the Government Code. The plan shall contain strategies to control costs and improve efficiency of the State Highway Operation and Protection Program.
(2)CA Streets And Highways Code § 164.6(b)(2) In 2027, as feasible, and continuing thereafter, the State Highway System Management Plan shall include specific quantifiable accomplishments, goals, objectives, costs, and performance measures for transit priority facilities, consistent with the asset management plan required by Section 14526.4 of the Government Code and the department’s transit policy and associated guidance.
(c)CA Streets And Highways Code § 164.6(c) The State Highway System Management Plan for rehabilitation and maintenance shall attempt to balance resources between State Highway Operation and Protection Program activities and maintenance activities in order to achieve identified goals at the lowest possible long-term total cost. If the maintenance plan recommends increases in maintenance spending, it shall identify projected future State Highway Operation and Protection Program costs that would be avoided by increasing maintenance spending. The department’s maintenance division shall identify highway maintenance projects and associated costs that allow it to achieve the requirements of this subdivision.
(d)CA Streets And Highways Code § 164.6(d) The draft State Highway System Management Plan shall be submitted to the commission for review and comments not later than February 15 of each odd-numbered year, and the final plan shall be transmitted by the department to the Governor and the Legislature not later than June 1 of each odd-numbered year. The department shall make the draft of its proposed plan available to regional transportation agencies for review and comment, and shall include and respond to the comments in the final plan.
(e)CA Streets And Highways Code § 164.6(e) The State Highway System Management Plan shall be the basis for the department’s budget request and for the adoption of fund estimates pursuant to Section 163.

Section § 164.10

Explanation

This section lists specific routes in California that are considered eligible for certain interregional and intercounty transportation programs. It specifies sections of various highways, such as Route 2 between Los Angeles and Route 138, Route 4 between Antioch-Pittsburg and Route 89, and others. These routes are recognized for their importance in connecting different regions and counties within the state. The list includes full or partial portions of major highways like Route 1, Route 5, and more.

For purposes of subdivision (e) of Section 164.3, the eligible interregional and intercounty routes include all of the following:
Route 1.
Route 2, between the north urban limits of Los Angeles-Long Beach and Route 138.
Route 4, between the east urban limits of Antioch-Pittsburg and Route 89.
Route 5.
Route 6.
Route 7.
Route 8.
Route 9, between the north urban limits of Santa Cruz and the south urban limits of San Jose.
Route 10, between the east urban limits of San Bernardino-Riverside and the Arizona state line.

Section § 164.11

Explanation

This law specifies certain highway routes in California that are eligible for interregional and intercounty travel as outlined in another section. The designated routes are Route 12, Route 14, Route 15, Route 16 from Sacramento to Route 49, Route 17 from Santa Cruz to San Jose, Route 18 from San Bernardino to Los Angeles County, Route 20, Route 25 from San Benito to Santa Clara County, Route 28, and Route 29.

For purposes of subdivision (e) of Section 164.3, the eligible interregional and intercounty routes include all of the following:
Route 12.
Route 14.
Route 15.
Route 16, between the east urban limits of Sacramento and Route 49.
Route 17, between the north urban limits of Santa Cruz and the south urban limits of San Jose.
Route 18, between the City of San Bernardino and the junction with Routes 18 and 138 in Los Angeles County.
Route 20.
Route 25, between Route 146 in San Benito County and Route 101 in Santa Clara County.
Route 28.
Route 29.

Section § 164.12

Explanation
This law section lists specific highway routes in California that are considered eligible for interregional and intercounty travel purposes according to another section of the statute. These routes include specific segments of Route 36, Route 37, Route 38, a general mention of Route 40, and specific stretches of Routes 41, 44, 46, and 49 connecting various locations such as Route 5, Route 395, San Francisco-Oakland, Vallejo, San Bernardino-Riverside, Big Bear Lake, Yosemite National Park, Redding, and Route 99.
For purposes of subdivision (e) of Section 164.3, the eligible interregional and intercounty routes include all of the following:
Route 36, between Route 5 and Route 395.
Route 37, between the east urban limits of San Francisco-Oakland near Novato and the west urban limits of San Francisco-Oakland near Vallejo.
Route 38, between the east urban limits of San Bernardino-Riverside and Route 18 west of Big Bear Lake.
Route 40.
Route 41, between Route 1 and Yosemite National Park.
Route 44, between the east urban limits of Redding and Route 36.
Route 46, between Route 1 and Route 99.
Route 49, between Route 41 and Route 89.

Section § 164.13

Explanation

This section lists specific highway routes in California that are eligible for interregional and intercounty funding as mentioned in another law (Section 164.3, subdivision e). These routes include Route 50, Route 53, a segment of Route 58, Route 62, a segment of Route 63, segments of Route 65, and Route 68.

For purposes of subdivision (e) of Section 164.3, the eligible interregional and intercounty routes include all of the following:
Route 50.
Route 53.
Route 58, between Route 5 and Route 15.
Route 62.
Route 63, between the north urban limits of Visalia and Route 180.
Route 65, between the north urban limits of Bakersfield and Route 198 near Exeter, and between Route 80 and Route 99 near Yuba City.
Route 68.

Section § 164.14

Explanation

This section lists specific highways in California that are considered eligible for interregional and intercounty routing purposes under a related section. It names various state routes, such as Route 70, Route 74, and others with particular segments, as part of the eligible transit network.

For purposes of Section 164.3, the eligible interregional and intercounty routes include the following:
Route 70, between Route 99 north of Sacramento and Route 395.
Route 74.
Route 78.
Route 79, between Route 8 and Route 10.
Route 80.
Route 84, between Route 580 and Route 4.
Route 86, between Route 111 in Brawley and Route 10.
Route 88.
Route 89.

Section § 164.15

Explanation

This section lists specific highways in California that are designated as eligible routes for interregional and intercounty transportation purposes under Section 164.3.

These routes include parts of Route 94, 95, 97, 98, 99, 101, 108, 111, 113, and 116, with specific segments described for each route.

For purposes of Section 164.3, the eligible interregional and intercounty routes include all of the following:
Route 94, except within the urban limits of the County of San Diego.
Route 95, between Route 10 and the Nevada state line.
Route 97.
Route 98, between Route 111 and Route 7.
Route 99, with routing to be determined via Route 70 or via Route 99 between Route 70 north of Sacramento and Route 149 north of Oroville.
Route 101.
Route 108, from Route 132 in Modesto to Route 120 east of Oakdale, and between Route 120 at Yosemite Junction and Route 395.
Route 111, between the Mexico border near Calexico and Route 10 near Whitewater.
Route 113, between Route 80 and Route 5.
Route 116, between Route 1 and Route 12.

Section § 164.16

Explanation

This section lists specific highways and route segments in California that are considered eligible for certain interregional and intercounty purposes under Section 164.3. These include parts of Routes 120, 126, 127, 128, 129, 132, 138, 139, and 246.

For purposes of Section 164.3, the eligible interregional and intercounty routes include all of the following:
Route 120, between Route 5 and Route 395.
Route 126, between the east urban limits of Oxnard-Ventura-Thousand Oaks and Route 5.
Route 127.
Route 128.
Route 129, between Route 1 and Route 101.
Route 132, west of Route 99, and between Route 99 and Route 108.
Route 138, between Route 5 and Route 14 in Los Angeles County and between Route 14 in Los Angeles County and Route 18 near Crestline in San Bernardino County.
Route 139, between Route 299 and the Oregon state line.
Route 246, between Route 1 and Route 101.

Section § 164.17

Explanation

This section of California law lists specific highway routes that are eligible for consideration in interregional and intercounty transportation planning. These routes include Route 140 near Merced to Yosemite, and several other routes such as 146, 149, and routes connecting different major roads like Route 152 between Route 101 and Route 99, among others.

For purposes of subdivision (e) of Section 164.3, the eligible interregional and intercounty routes include all of the following:
Route 140, between the east urban limits of Merced and Yosemite National Park.
Route 146.
Route 149.
Route 152, between Route 101 and Route 99.
Route 154.
Route 156, between Route 1 and Route 152.

Section § 164.18

Explanation

This section lists specific California highways that are considered eligible interregional and intercounty routes for certain purposes under another legal section (164.3). These routes include Route 160 near Antioch-Pittsburg to Sacramento, portions of Route 168 in Fresno, Route 178 near Bakersfield, Route 180 from Fresno to Kings Canyon, Route 188, Route 190 from Route 65 to Route 127, Route 198 from Route 5 to Sequoia National Park, and Route 199.

For purposes of subdivision (e) of Section 164.3, the eligible interregional and intercounty routes include all of the following:
Route 160, between the north urban limits of Antioch-Pittsburg and the south urban limits of Sacramento.
Route 168, between the east urban limits of Fresno and Route 168 at Florence Lake Road, and between Route 168 near Lake Sabrina and Route 395.
Route 178, between the east urban limits of Bakersfield and Route 14.
Route 180, between the east urban limits of Fresno and Kings Canyon National Park.
Route 188.
Route 190, between Route 65 and Route 127.
Route 198, between Route 5 and the Sequoia National Park.
Route 199.

Section § 164.19

Explanation

This law section lists specific highway routes that are considered eligible interregional and intercounty routes for the purposes of another section, Section 164.3. The routes included are Routes 203, 205, 207, 215, 239, 243, 267, and specific segments of Route 299.

For purposes of Section 164.3, the eligible interregional and intercounty routes include the following:
Route 203.
Route 205.
Route 207.
Route 215.
Route 239.
Route 243.
Route 267.
Route 299, between Route 101 and Route 89, and between Route 139 and Route 395.

Section § 164.20

Explanation

This law section lists specific highways in California that are considered eligible interregional and intercounty routes. These include Route 330, Route 371, Route 395, Route 505, Route 580, Route 680, and Route 905, although Route 905 is excluded within the urban limits of San Diego.

For purposes of subdivision (e) of Section 164.3, the eligible interregional and intercounty routes include all of the following:
Route 330, between the north urban limits of San Bernardino-Riverside and Route 18.
Route 371.
Route 395.
Route 505.
Route 580.
Route 680.
Route 905, except within the urban limits of San Diego.

Section § 164.53

Explanation

This law allows a local agency to ask for permission to use its own funds upfront for a transit project. This project must be on a priority list or part of an existing transportation program as defined in certain sections of the Public Utilities Code. If the commission approves, these upfront costs can count as part of the project's nonfederal or matching share.

However, approving the request does not mean the state is obligated to fund the project. The commission must establish guidelines to ensure the funds help complete a functional part of a transportation project.

The commission will also report on the program's progress to the Legislature each year. This ensures transparency and evaluates the impact of this advance funding strategy.

(a)CA Streets And Highways Code § 164.53(a) A local agency may request authorization from the commission to make advance expenditures of funds, other than state or federal funds, for a project which is included in the priority list for the allocation of transit capital improvement funds pursuant to Section 99317 of the Public Utilities Code, or is included in the adopted state transportation improvement program, or is specifically authorized by Chapter 3 (commencing with Section 99620) of Part 11.5 of Division 10 of the Public Utilities Code.
(b)CA Streets And Highways Code § 164.53(b) If the commission approves a request submitted pursuant to subdivision (a), the approved advance expenditures shall be considered either part of the nonfederal share of project costs, or part of the match from public or private sources, for projects which are included in the transit capital improvement program pursuant to Section 99317 of the Public Utilities Code, or included in the state transportation improvement program, or which are authorized by Chapter 3 (commencing with Section 99620) of Part 11.5 of Division 10 of the Public Utilities Code.
(c)CA Streets And Highways Code § 164.53(c) The commission’s approval of a request pursuant to subdivision (b) does not, in and of itself, constitute an obligation to allocate state funds for the project.
(d)CA Streets And Highways Code § 164.53(d) The commission, in consultation with the department and local transportation officials, shall develop and adopt guidelines to implement this section. The guidelines shall include a requirement that the advance expenditure of funds will result in the completion of an operable segment of a transportation project. The acquisition of right-of-way needed either for a usable urban or commuter rail project or an operable segment of an urban or commuter rail project meets that requirement.
(e)CA Streets And Highways Code § 164.53(e) The commission shall prepare a report on the progress and impact of the advance expenditure program authorized by this section and shall include the report as an element of the annual report to the Legislature required pursuant to Sections 14535 and 14536 of the Government Code.

Section § 164.56

Explanation

This law wants to set aside $7 million each year in a special fund for improving the environment through transportation projects. Government agencies and nonprofits can ask for grants, with a cap of $5 million per grant, to work on projects that help mitigate the environmental effects of transportation. Examples of eligible projects include urban forestry to counteract car emissions, acquiring land to offset environmental impacts, and projects that go beyond the typical scope of environmental mitigation for new transportation projects.

The Resources Agency evaluates grant applications and recommends which projects should be funded. The final decision on awarding grants is made by a commission, as long as the projects help address environmental issues related to transportation, in line with California's constitutional provisions.

(a)CA Streets And Highways Code § 164.56(a) It is the intent of the Legislature to allocate seven million dollars ($7,000,000) annually to the Environmental Enhancement and Mitigation Program Fund, which is hereby created.
(b)CA Streets And Highways Code § 164.56(b) Local, state, and federal agencies and nonprofit entities may apply for and may receive grants, not to exceed five million dollars ($5,000,000) for any single grant, to undertake environmental enhancement and mitigation projects that are directly or indirectly related to the environmental impact of modifying existing transportation facilities or for the design, construction, or expansion of new transportation facilities.
(c)CA Streets And Highways Code § 164.56(c) Projects eligible for funding include, but are not limited to, all of the following:
(1)CA Streets And Highways Code § 164.56(c)(1) Urban forestry projects designed to offset vehicular emissions of carbon dioxide.
(2)CA Streets And Highways Code § 164.56(c)(2) Acquisition or enhancement of resource lands to mitigate the loss of, or the detriment to, resource lands lying within the right-of-way acquired for proposed transportation improvements.
(3)CA Streets And Highways Code § 164.56(c)(3) Projects to mitigate the impact of proposed transportation facilities or to enhance the environment, where the ability to effectuate the mitigation or enhancement measures is beyond the scope of the lead agency responsible for assessing the environmental impact of the proposed transportation improvement.
(d)CA Streets And Highways Code § 164.56(d) Grant proposals shall be submitted to the Resources Agency for evaluation in accordance with procedures and criteria prescribed by the Resources Agency. The Resources Agency shall evaluate proposals submitted to it and prepare a list of proposals recommended for funding. The list may be revised at any time. Prior to including a proposal on the list, the Resources Agency shall make a finding that the proposal is eligible for funding pursuant to subdivision (f).
(e)CA Streets And Highways Code § 164.56(e) Within the fiscal limitations of subdivisions (a) and (b), the commission shall annually award grants to fund proposals that are included on the list prepared by the Resources Agency pursuant to subdivision (d).
(f)CA Streets And Highways Code § 164.56(f) Projects funded pursuant to this section shall be projects that contribute to mitigation of the environmental effects of transportation facilities, as provided for by Section 1 of Article XIX of the California Constitution.