BlackletterCalifornia law

PART 5.3. CALIFORNIA TRANSPORTATION COMMISSION

Part 5.3 added by Stats. 1977, Ch. 1106.

§§ 14500–14565 · 144 sections

  1. CHAPTER 1. General §§ 14500–14518 · 22 sections
    • § 14500 There is in the Transportation Agency a California Transportation Commission.
    • § 14501 As used in this part, unless the context requires otherwise: (a) “Commission” means the California Transportation Commission. (b) “Department” means the…
    • § 14502 The commission consists of 13 members appointed as follows: (a) Nine members shall be appointed by the Governor with the advice and consent of the Senate. One…
    • § 14503 (a) Other than ex officio members, the members of the commission shall hold office for terms of four years, and until their successors are appointed, except as…
    • § 14504 (a) In appointing members, the Governor shall make every effort to ensure both of the following: (1) That there is a geographic balance of representation on…
    • § 14505 The commission shall elect one of its members as a chairman who shall preside at all meetings, and a vice chairman who shall preside in the absence of the…
    • § 14505.5 After consulting with members of the commission, the chairman of the commission shall appoint the members of all the committees of the commission, including…
    • § 14506 In order to perform its duties and functions, the commission shall organize itself into at least the following four committees: (a) The Committee on…
    • § 14506.5 The chairman shall appoint a Technical Advisory Committee on Aeronautics, after consultation with members of the aviation industry, airport operators, pilots,…
    • § 14507 The commission shall not form a committee for the purpose of considering budgetary and related fiscal matters.
    • § 14508 The chairman shall not serve on any of the committees except in an ex officio capacity.
    • § 14509 Each member shall receive a compensation of one hundred dollars ($100) per day, but not to exceed eight hundred dollars ($800) for any commission business…
    • § 14509.5 (a) Notwithstanding any other law, each member of an advisory committee to the commission who is not a commission member shall receive a per diem of one…
    • § 14510 The commission shall appoint an executive director for the commission who shall serve at the pleasure of the commission. The executive director shall receive…
    • § 14511 The executive director shall administer the affairs of the commission as directed by the commission and shall direct the staff of the commission.
    • § 14512 The executive director may appoint, with the approval of the commission, such staff as necessary to carry out the provisions of this part. The commission may…
    • § 14513 The commission may employ its own legal staff or contract with other state agencies for legal services, or both.
    • § 14514 The commission may sue or be sued.
    • § 14515 Except where a statute expressly provides that the commission itself shall hold a public hearing, the commission may delegate functions such as listening to…
    • § 14516 The commission, the State Air Resources Board, and a representative from the Department of Housing and Community Development shall hold at least two joint…
    • § 14517 (a) (1) The commission, in coordination with the State Air Resources Board, Public Utilities Commission, State Energy Resources Conservation and Development…
    • § 14518 (a) (1) The commission shall prepare, in consultation with the Transportation Agency and the department, a needs assessment of the cost to operate, maintain,…
  2. CHAPTER 2. Duties §§ 14520–14534.1 · 61 sections
    • § 14520 The commission shall advise and assist the Secretary of Transportation and the Legislature in formulating and evaluating state policies and plans for…
    • § 14520.3 (a) The Legislature, through the enactment of Senate Bill 45 during the 1997–98 Regular Session, intends to establish priorities and processes for the…
    • § 14521 The commission may request and review reports of the department and of other entities which pertain to transportation issues and concerns that the commission…
    • § 14522 In cooperation with the regional transportation planning agencies, the commission may prescribe study areas for analysis and evaluation by such agencies and…
    • § 14522.1 (a) (1) The commission, in consultation with the department and the State Air Resources Board, shall maintain guidelines for travel demand models used in the…
    • § 14522.2 (a) A metropolitan planning organization shall disseminate the methodology, results, and key assumptions of whichever travel demand models it uses in a way…
    • § 14522.3 The commission shall include in an attachment to the next revision of its guidelines prescribed pursuant to Section 14522 a summary of the policies, practices,…
    • § 14523 The commission may prepare an independent evaluation of the department’s budget regarding the adequacy of funding levels and the relative needs of program…
    • § 14524 (a) Not later than July 15, 2001, and July 15 of each odd-numbered year thereafter, the department shall submit to the commission a five-year estimate pursuant…
    • § 14524.16 (a) The department shall, as part of the reports required pursuant to Sections 14524.15 and 14525.5, report on its costs of project development for all state…
    • § 14524.2 (a) If the department’s total project delivery plan for any year requires a permanent and temporary capital outlay support staffing level which equals the…
    • § 14524.3 Commencing with the update to the California Transportation Plan that is required on or before December 31, 2020, the commission may, in cooperation with the…
    • § 14524.4 (a) On or before June 30, 2015, the department shall submit to the commission for approval an interregional transportation strategic plan directed at achieving…
    • § 14525 (a) Not later than August 15, 2001, and August 15 of each odd-numbered year thereafter, the commission shall adopt a five-year estimate pursuant to Section 164…
    • § 14525.1 The department and the commission shall use an inflation rate that has been established by the Department of Finance. The Department of Finance shall consult…
    • § 14525.3 (a) To the extent consistent with federal law, the commission shall not program or allocate any state funds, including proceeds from the sale of general…
    • § 14525.5 (a) The department shall submit a project delivery report to the Governor and the Legislature not later than November 15 of each year. The report shall include…
    • § 14525.6 Not later than November 15, 2014, and annually thereafter, the department shall, as part of the project delivery report required pursuant to Section 14525.5,…
    • § 14526 (a) Not later than October 15 of each odd-numbered year, based on the guidelines established pursuant to Section 14530.1, and after consulting with the…
    • § 14526.4 (a) The department, in consultation with the commission, shall prepare a robust asset management plan to guide selection of projects for the state highway…
    • § 14526.5 (a) Based on the asset management plan prepared and approved pursuant to Section 14526.4, the department shall prepare a state highway operation and protection…
    • § 14526.6 (a) The department shall report to the commission quarterly, for projects that complete construction in the previous quarter, on the information outlined in…
    • § 14526.7 (a) The department shall incorporate the performance targets in subdivision (n) of Section 1 of the act adding this section into the asset management plan…
    • § 14526.8 (a) (1) Consistent with proportional progress toward the 10-year targets of the relevant State Highway System Management Plan, the department shall commit to…
    • § 14527 (a) After consulting with the department, the regional transportation planning agencies and county transportation commissions shall adopt and submit to the…
    • § 14527.1 (a) A project study report or project study report equivalent that is prepared for any new project involving the construction of a new bridge, or the…
    • § 14527.3 (a) The commission shall convene a task force to study the relationship between vehicle weight and road user injuries and fatalities, and degradation of road…
    • § 14528.5 (a) To resolve local transportation problems resulting from the infeasibility of planned state transportation facilities on State Highway Route 238 in the City…
    • § 14528.55 (a) To resolve local transportation problems resulting from the infeasibility of planned state transportation facilities on State Highway Route 84 in the…
    • § 14528.56 The following shall pertain to local alternative transportation improvement programs developed and approved pursuant to Sections 14528.5 and 14528.55: (a) The…
    • § 14528.6 (a) A local alternative transportation improvement program, approved pursuant to Section 14528.5, and pursuant to the terms and conditions of the applicable…
    • § 14528.65 (a) All of the following shall apply to the sale or other disposition of excess property to fund the local alternative transportation improvement program…
    • § 14528.7 A city or county acting jointly with the transportation planning agency having jurisdiction over the city or county may adopt a resolution requesting the…
    • § 14528.8 When the department sells any real property or interest therein acquired for a state highway route location rescinded pursuant to Section 14528.7, the proceeds…
    • § 14529 (a) The state transportation improvement program shall include a listing of all capital improvement projects that are expected to receive an allocation of…
    • § 14529.01 (a) It is the intent of the Legislature to facilitate project development work on needed transportation projects to produce a steady flow of construction…
    • § 14529.1 The commission shall establish guidelines for the allocation of funds to an entity for a project to verify that the entity has the resources and capabilities…
    • § 14529.3 At least 20 days prior to the adoption of the state transportation improvement program, the executive director shall make available to the commission, the…
    • § 14529.4 The commission may include capacity-increasing projects in the adopted state transportation improvement program adopted pursuant to Section 14529 only if the…
    • § 14529.6 (a) (1) Notwithstanding any other provision of law, the commission may advance unallocated funds in the State Highway Account, in the form of loans, to…
    • § 14529.7 (a) A local jurisdiction may, with the concurrence of the appropriate transportation planning agency, the commission, and the department, advance a project…
    • § 14529.8 (a) Funds may be allocated by the commission for each project element during the fiscal year that is identified in the state transportation improvement program…
    • § 14529.9 (a) A transportation planning agency, county transportation commission, or local transportation authority may, with the concurrence of the commission, request…
    • § 14529.10 The department shall recommend, and the commission shall adopt, guidelines and procedures to implement Sections 14529.8 and 14529.9.
    • § 14529.11 (a) In order to assist in the delivery of high-priority transportation projects, as determined by the commission, or advance project development work, the…
    • § 14529.12 (a) The department and the regional planning agencies shall consult and seek consensus on state highway projects to be proposed for inclusion in the state…
    • § 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…
    • § 14529.19 (a) If no deficiencies that require clarification by a local or regional entity are identified in the preaward audit for a local or regional project that is…
    • § 14529.23 The department shall implement systems that allow rapid access to funds made available under executed agreements to transfer funds. The Controller shall…
    • § 14530 The commission may deviate, in the adoption of the state transportation improvement program, from a regional transportation improvement program based on a…
    • § 14530.1 (a) The department, in cooperation with the commission, transportation planning agencies, and county transportation commissions and local governments, shall…
    • § 14531 (a) The commission may amend the state transportation improvement program if the amendment meets both of the following conditions: (1) The request for the…
    • § 14532 (a) In appropriating the funds allocated under paragraph (C) of subdivision (c) of Article XIX B of the California Constitution, the funds shall be apportioned…
    • § 14533 The commission shall allocate funds for transportation projects consistent with those provisions of the current and prior Budget Acts that apply to the use of…
    • § 14533.1 Not less than 30 days prior to adopting changes to any guidelines for the expenditure of any funds pursuant to the Highway Safety, Traffic Reduction, Air…
    • § 14533.2 (a) A local agency, as defined in Section 99602 of the Public Utilities Code, that is a lead applicant agency for a project that may be funded pursuant to the…
    • § 14533.4 (a) (1) The commission shall convene relevant state agencies to assess the procurement and implementation of data, modeling, and analytic software tools to…
    • § 14533.5 (a) The department may advance funds for a transit or passenger rail project or project component when all of the following conditions exist: (1) The lead…
    • § 14533.6 As used in this chapter: (a) “Minority business enterprise” means a business concern which is all of the following: (1) At least 51 percent owned by one or…
    • § 14534 Upon the adoption of the state transportation improvement program, the Secretary of Transportation, the commission, and the department shall act in accordance…
    • § 14534.1 Notwithstanding Section 12850.6 or subdivision (b) of Section 12800, as added to this code by the Governor’s Reorganization Plan No. 2 of 2012 during the…
  3. CHAPTER 3. Annual Report §§ 14535–14536 · 2 sections
    • § 14535 The commission shall adopt and submit to the Legislature, by December 15 of each year, an annual report summarizing the commission’s prior-year decisions in…
    • § 14536 (a) The annual report shall include an explanation and summary of major policies and decisions adopted by the commission during the previously completed state…
  4. CHAPTER 4. Federal Highway Grant Anticipation Notes §§ 14550–14555.9 · 24 sections
    1. ARTICLE 1. Legislative Findings and Declarations § 14550 · 1 section
      • § 14550 The Legislature hereby finds and declares all of the following: (a) Between 1970 and 1990, California’s population grew by 50 percent, while the total number…
    2. ARTICLE 2. Definitions §§ 14552–14552.6 · 4 sections
      • § 14552 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
      • § 14552.2 (a) “Eligible project” means the federally funded portion of any highway or other transportation project that has been designated for accelerated construction…
      • § 14552.4 “Federal transportation funds” means any funds apportioned to the state by the United States Department of Transportation, including, but not limited to, funds…
      • § 14552.6 A “note” is a federal highway grant anticipation note issued by the Treasurer under this chapter.
    3. ARTICLE 3. Selection of Projects §§ 14553–14553.10 · 8 sections
      • § 14553 (a) The commission may from time to time select and designate eligible projects to be funded from the proceeds of notes, if financing of the project from the…
      • § 14553.2 The commission, in cooperation with the department and regional transportation planning agencies, shall establish guidelines for eligibility for funding…
      • § 14553.4 The Treasurer may not authorize the issuance of notes if the annual repayment obligations of all outstanding notes in any fiscal year would exceed 15 percent…
      • § 14553.6 Funds allocated to a State Transportation Improvement Program project under this chapter, including cost overruns and financing costs, shall be counted against…
      • § 14553.7 In order to provide security for repayment of the notes, the commission shall adopt a resolution dedicating and pledging any future receipts of federal…
      • § 14553.8 Before notes are issued under this chapter, the commission, in cooperation with the department and the Department of Finance, shall consider and determine the…
      • § 14553.9 (a) Upon taking the actions authorized under this article, the commission may request the Treasurer to issue notes to provide funds for the eligible projects.…
      • § 14553.10 On or before October 1 of each year, the commission shall report to the Governor, the Department of Finance, the Legislative Analyst, and the Chairs of the…
    4. ARTICLE 4. Issuance of Notes §§ 14554–14555.9 · 11 sections
      • § 14554 (a) In order to provide for the financing of selected projects, the Treasurer may issue tax-exempt or taxable notes under this article. Proceeds of the sale of…
      • § 14554.2 The Treasurer shall issue notes from time to time pursuant to a resolution from the commission. Those pledges shall be governed under Chapter 5.5 (commencing…
      • § 14554.4 Any notes issued under this chapter may be secured by a trust agreement, indenture, or resolution by and between the commission and a trustee. The trustee may…
      • § 14554.6 The notes shall be authorized by resolution or resolutions of the Treasurer, shall be in the form, shall bear the date or dates, and shall mature at the time…
      • § 14554.8 (a) Notwithstanding Section 13340 of the Government Code or any other provision of law, the amounts deposited in the State Highway Account in the State…
      • § 14555 Upon request of the commission, the Treasurer may issue refunding notes to refund any outstanding notes, and to pay costs associated with that refunding.
      • § 14555.2 Whenever the Treasurer deems that it will increase the salability or the price of the notes to obtain, prior to or after sale, a legal opinion, other than that…
      • § 14555.4 The Treasurer may employ financial, engineering, or transportation consultants or advisers, underwriters, and accountants as may be necessary in his or her…
      • § 14555.6 Section 10295 of the Public Contract Code and Article 4 (commencing with Section 10335) of, and Article 5 (commencing with Section 10355) of, Chapter 2 of Part…
      • § 14555.8 Notes issued under this chapter are a legal investment for any state special or trust fund notwithstanding any provision of law limiting the investments that…
      • § 14555.9 Notes issued under the provisions of this chapter may not be deemed to constitute a debt or liability of the state or of any political subdivision thereof, or…
  5. CHAPTER 4.5. The Traffic Congestion Relief Act of 2000 §§ 14556–14556.52 · 26 sections
    1. ARTICLE 1. General Provisions §§ 14556–14556.3 · 3 sections
      • § 14556 This chapter shall be known and may be cited as the Traffic Congestion Relief Act of 2000.
      • § 14556.1 For purposes of this chapter, the following terms shall have the following meanings, unless expressly stated otherwise: (a) “Commission” is the California…
      • § 14556.3 The Legislature finds and declares that it is in the interest of the State of California to immediately take steps to relieve congestion on the state’s…
    2. ARTICLE 2. Traffic Congestion Relief Fund §§ 14556.5–14556.8 · 3 sections
      • § 14556.5 (a) The Traffic Congestion Relief Fund is hereby created in the State Treasury. The fund shall include deposits of funds provided in the annual Budget Act,…
      • § 14556.6 The purpose of this article is to relieve traffic congestion, provide additional funding for local street and road deferred maintenance, and provide additional…
      • § 14556.8 (a) (1) To the extent necessary to provide adequate cash to fund projected expenditures under this chapter, the Director of Finance may authorize, by executive…
    3. ARTICLE 3. Fund Allocation and Expenditure §§ 14556.10–14556.20 · 8 sections
      • § 14556.10 (a) The lead applicant agency specified for each project in Article 5 (commencing with Section 14556.40) shall be responsible for preparing and submitting a…
      • § 14556.11 Not later than 90 days from the effective date of the act that added this section, the commission, in consultation with the department and representatives from…
      • § 14556.12 (a) Designated lead applicant agencies shall submit applications to the commission within two years of the effective date of the act that added this section.…
      • § 14556.13 (a) The project applications shall define the project purpose, intended scope, proposed cost, intended funding sources, and schedule for project completion.…
      • § 14556.14 The commission shall ascertain from the appropriate regional transportation planning agency that a project is included in, or is consistent with, the…
      • § 14556.16 (a) The commission, with the assistance of the department, shall begin review of a project application within 30 days of receipt of the application. (b) The…
      • § 14556.18 (a) Commission approval of a project application establishes the time schedule, by fiscal year, for implementation of the phases of a project. Project approval…
      • § 14556.20 (a) The commission shall direct the department to allocate funds to the department, regional transportation planning agencies, local transportation…
    4. ARTICLE 4. Administration and Expenditure of Funds §§ 14556.25–14556.34 · 8 sections
      • § 14556.25 (a) The department shall execute a cooperative agreement with the lead applicant agency or the agency responsible for carrying out the work for reimbursement…
      • § 14556.26 (a) Except as provided in subdivision (b), a regional or local agency receiving an allocation from this program shall certify, by resolution of its governing…
      • § 14556.28 (a) For applicants other than the department, funds allocated shall generally be administered as a reimbursement program. At the request of an applicant, the…
      • § 14556.29 The Controller shall develop a system that provides access to funds allocated by the commission under this article from the Traffic Congestion Relief Fund by…
      • § 14556.30 (a) After receiving an allocation, the lead applicant shall make diligent and timely progress toward completing the work as described in the submitted…
      • § 14556.32 (a) The rate of reimbursement of expenditures shall not exceed the rate determined by the commission in its allocation of funds. (b) After notifying the…
      • § 14556.33 (a) A regional or local entity that is a lead applicant agency under Article 5 (commencing with Section 14556.40), may apply to the commission for a letter of…
      • § 14556.34 Any agency or combination of agencies that succeed to an agency having any rights, powers, duties, or obligations under this chapter, including, but not…
    5. ARTICLE 5. Eligible Projects §§ 14556.40–14556.41 · 2 sections
      • § 14556.40 (a) The following projects are eligible for grants from the fund for the purposes and amounts specified: (1) BART to San Jose; extend BART from Fremont to…
      • § 14556.41 As of June 30, 2017, projects in Section 14556.40 for the Traffic Congestion Relief Program shall be deemed complete and final, and funding levels shall be…
    6. ARTICLE 6. Miscellaneous Provisions §§ 14556.50–14556.52 · 2 sections
      • § 14556.50 The grant authorized under paragraph (32) of subdivision (a) of Section 14556.40 shall be allocated as follows: (a) (1) Two hundred fifty thousand dollars…
      • § 14556.52 (a) Before grants from the fund may be allocated to any of the three Alameda Corridor East Projects identified in paragraphs (54), (55), and (73) of…
  6. CHAPTER 5. Suspension of Article XIX B Transfers §§ 14557–14558 · 3 sections
    • § 14557 (a) The Legislature finds and declares that the Governor has issued a proclamation pursuant to paragraph (1) of subdivision (d) of Section 1 of Article XIXB of…
    • § 14557.1 (a) Notwithstanding Sections 14556.5 and 14556.6, the money transferred from the Transportation Investment Fund to the Traffic Congestion Relief Fund during…
    • § 14558 (a) The Legislature finds and declares that the Governor has issued a proclamation pursuant to paragraph (1) of subdivision (d) of Section 1 of Article XIXB of…
  7. CHAPTER 6. Transportation Infrastructure: Climate Adaptation Grant Programs §§ 14560–14565 · 6 sections
    • § 14560 (a) The Legislature finds and declares all of the following: (1) Sea level rise and other climate-fueled hazards are threatening the state’s critical surface…
    • § 14561 For purposes of this chapter, the following definitions apply: (a) “Adaptation Planning Guide” means the document created and updated by the Office of…
    • § 14562 (a) The Transportation Infrastructure Climate Adaptation Strategy Grant Program is hereby established as a competitive grant program to be awarded and…
    • § 14563 (a) The State Transportation Infrastructure Climate Adaptation Program is hereby established, to be administered by the department, for purposes of planning,…
    • § 14564 (a) The Local Transportation Infrastructure Climate Adaptation Project Program is hereby established, to be administered by the commission, for purposes of…
    • § 14565 (a) (1) A local agency that receives an allocation of funds pursuant to Section 14562 shall submit a report, in the form and manner prescribed by the…