HomeMy WebLinkAboutLegislative Review - AB 267 (Daucher) TransportationCITY OF PALM DESERT
COMMUNITY SERVICES DEPARTMENT
STAFF REPORT
REQUEST: CONSIDERATION OF LEGISLATIVE REVIEW COMMITTEE
ACTION ON AB 267 (DAUCHER) AT ITS MEETING OF MARCH 22,
2005
DATE: April 14, 2005
CONTENTS: AB 267 Language
Recommendation:
By Minute Motion, concur with the action taken by the Legislative Review Committee at its
meeting of March 22, 2005, and direct staff to prepare a letter of support for the Mayor's
signature with regard to AB 267 (Daucher) relative to transportation.
Executive Summary:
Passage of AB 267 would expand the time limit for repayment to local agencies for
transportation projects.
Background:
Current law authorizes a regional or local entity that is the sponsor of, or is eligible to
receive funding for, a project contained in the State Transportation Improvement Program
(STIP) to expend its own funds for any component of a project within its jurisdiction that is
included in an adopted STIP, and for which the California Transportation Commission has
not made an allocation and requires these expenditures to be reimbursed by the State.
Current law also limits these provisions to projects advanced for expenditures by an eligible
local or regional entity within 12 months preceding the date the project would otherwise be
allocated for funding by the Commission. AB 267 would expand these provisions to
projects advanced for expenditure by an eligible local or regional entity within 36 months
preceding the date the project would otherwise be allocated funding by the Commission
and would make this provision retroactive to include expenditures after July 1, 2004.
Because it is imperative that California's streets and highways are built and maintained in
a manner that ensures the public safety, accommodates visitors who are so heavily relied
upon for revenue sources by local communities, and allows commerce to move smoothly
throughout the State, any legislation that makes it more feasible for local agencies to
participate is welcomed. Therefore, the Legislative Review Committee recommends that
the City Council support AB 267 and direct staff to prepare a letter stating that position to
appropriate legislators for the Mayor's signature.
PATRICIA SCULLY, CFE
SENIOR MANAGEMENT ALYST
SHEILA R. GILLIGAW I
ASSISTANT CITY M AGER/PIO
Ck)q
PAUL S. C9I13SON
DIR OF FINANCE/CITY TREASURER
CARLOS L. OfAtGA
CITY MANAGER
AB 267 Assembly Bill - INTRODUCED f J
Page 1 of 2
BILL NUMBER: AB 267 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Daucher
FEBRUARY 8, 2005
An act to amend Section 14529.17 of the Government Code, relating
to transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 267, as introduced, Daucher. Transportation projects.
Existing law authorizes a regional or local entity that is the
sponsor of, or is eligible to receive funding for, a project
contained in the state transportation improvement program to expend
its own funds for any component of a project within its jurisdiction
that is included in an adopted state transportation improvement
program, and for which the commission has not made an allocation.
Existing law requires these expenditures to be reimbursed by the
state, under specified conditions. Existing law limits these
provisions to projects advanced for expenditures by an eligible local
or regional entity within the 12 months preceding the date the
project would otherwise be allocated funding by the commission.
This bill would instead limit these provisions to projects
advanced for expenditure by an eligible local or regional entity
within the 36 months preceding the date the project would otherwise
be allocated funding by the commission, and would make this provision
retroactive to include expenditures after July 1, 2004.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14529.17 of the Government Code is amended to
read:
14529.17. (a) A regional or local entity that is the sponsor of,
or is eligible to receive funding for, a project contained in the
state transportation improvement program may expend its own funds for
any component of a transportation project within its jurisdiction
that is included in an adopted state transportation improvement
program and for which the commission has not made an allocation.(b)
The amount expended under subdivision (a) shall be reimbursed by the
state, subject to annual appropriation by the Legislature, if all of
the following conditions are met:
(1) The commission makes an allocation for, and the department
executes an agreement to transfer funds for, the project.
(2) 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.
(3) The regional or local entity complies with all legal
requirements for the project, including, but not limited to,
authorization by the federal government, if required, Section
http://info.sen.ca.govlpublbilllasnVab 0251-0300/ab 267 bill_20050208_introduced.html 3/3/2005
AB 267 Assembly Bill - INTRODUCED
Page 2 of 2
14520.3, and the requirements of the California Environmental Quality
Act (Division 13 (commencing with Section 21000) of the Public
Resources Code).
(c) Upon the 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 programming or cash -management issues prevent immediate
repayment.
(d) This section shall be limited to projects advanced for
expenditure by an eligible local or regional entity within the
—4-2-- 36 months preceding the date the
project would otherwise be allocated funding by the commission ,
and the amendment to this subdivision in the
2005-06 Regular Session shall be retroactive to
include expenditures after July 1, 2004 .
(e) Unless otherwise agreed in advance by the commission and the
department, the funds appropriated for the purposes of reimbursement
under this section shall be federal funds and state matching funds.
http://info.sen.ca.govlpublbilllasmlab 0251-0300/ab 267 bill 20050208 introduced.html
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