TEXT OF PROPOSED LAW

This initiative measure is submitted to the people in accordance with the provisions of Section 8 of Article II of the California Constitution.

This initiative measure amends, repeals, and adds sections to various codes; therefore, existing provisions proposed to be deleted are printed in strikeout type and new provisions proposed to be added are printed in italic type to indicate that they are new.

PROPOSED LAW

SECTION 1. The People of the State of California find and declare all of the following:
       (a) Traffic congestion threatens to strangle economic growth in many parts of California. It threatens our safety, reduces productivity, impairs family life, restricts the movement of people, goods, and services, and is a source of endless frustration to motorists and other travelers.
       (b) There are more than 1,000 unsafe school buses that do not meet federal safety standards operating in California today. There are an additional 6,500 school buses that are so old that they expose our children to toxic air pollution. By providing funds to school districts for school bus replacement, the districts will be able to take more children to and from school, reducing the trips parents need to make. This will provide cleaner air and reduce traffic congestion.
       (c) Reducing highway bottlenecks will reduce traffic congestion.
       (d) Public transportation can reduce traffic congestion by giving people an alternative to driving.
       (e) The existing state share of the sales tax paid on the sale and lease of motor vehicles is an appropriate source of revenue to pay for transportation- related improvements because the purchasers and lessees of motor vehicles will directly benefit from all the programs financed by this act.
       (f) Assuring the wider availability of public transportation for those who cannot drive due to age, disability, or economic circumstance is good public policy, and will promote economic development and individual selfsufficiency.
       (g) Transportation-related accidents are a significant cause of death, injury, and property damage. Children walking and taking bicycles to school must have safe walkways, paths, and bikeways. By making roads safer for pedestrians, bicyclists, and motorists, economic loss will be reduced, and the health and safety of Californians will be improved.
       (h) By promoting the continued and expanded use of railroads for the more efficient movement of passengers and freight, traffic congestion and air pollution will be reduced.
       (i) Air pollution generated by transportation is a serious health threat to most people in California. Technologies exist and are being developed that can reduce this air pollution, and they urgently need financial support for their implementation. Water pollution generated from roadway runoff and transportation related development must also be controlled, to reduce contamination of drinking water supplies and coastal waters.
       (j) The impact of transportation on the natural environment can be severe, and it is appropriate to use public revenues that are related to transportation to reduce or eliminate these impacts through an environmental enhancement program similar to the Environmental Enhancement and Mitigation Program.
       (k) Providing security for passengers using public transportation is a necessary part of our transportation infrastructure, encouraging ridership, protecting public safety, and expanding transportation options.
       (l) It is the intent of the people in adopting this measure that it not result in reduced funding for public education. The voters recognize that the General Fund revenues that are counted for the purpose of determining the minimum guaranteed funding for schools and community college districts under Section 8 of Article XVI of the California Constitution cannot be decreased by statute.
       (m) This measure may be known and cited as the Traffic Congestion Relief and Safe School Bus Act.
       SEC. 2. Section 7105 is added to the Revenue and Taxation Code, to read:
       7105. (a) All of the following shall occur on a quarterly basis:
       (1) The State Board of Equalization, in consultation with the Department of Finance and the Department of Motor Vehicles, shall estimate the amount that is transferred to the General Fund under subdivision (b) of Section 7102 that is attributable to revenue collected for the sale and lease of new and used motor vehicles. For purposes of this section, “sale and lease” does not include rental of motor vehicles.
       (2) The State Board of Equalization shall inform the Controller, in writing, of the amount estimated under paragraph (1).
(3) Upon receipt of the notice required under paragraph (2), the Controller shall transfer thirty percent (30%) of the amount estimated under paragraph (1) from the General Fund to the Traffic Congestion Relief and Safe School Bus Trust Fund (hereinafter referred to as the “fund”), which is hereby established in the State Treasury.
       (b) Notwithstanding Section 13340 of the Government Code, the following percentages and specified amounts of the money in the fund shall be continuously appropriated to the Controller without regard to fiscal years, and shall be transferred by the Controller to the following accounts, which are hereby established in the fund:
       (1) Sixteen percent (16%) to the Congestion Bottleneck Account, for transfer by the Controller to the California Transportation Commission, to be expended as follows:
       (A)(i) To the Traffic Congestion Relief Fund for the projects listed in Section 14556.40 of the Government Code. Any money transferred under this paragraph and not expended during the fiscal year during which it was transferred shall revert to the Congestion Bottleneck Account and shall be available for reallocation in accordance with subparagraph (B).
       (ii) The California Transportation Commission may adjust the total amount to be allocated to each project listed in Section 14556.40 of the Government Code pursuant to the authority conferred in subdivision (f) of Section 14556.20 of the Government Code. Money shall be transferred quarterly to the Traffic Congestion Relief Fund from the Congestion Bottleneck Account in such amounts as are needed in the aggregate for reimbursing each applicant the cost of the current phase of the project, in accordance with the schedule of allocations for each project approved by the California Transportation Commission pursuant to Section 14556.20 of the Government Code. Applicants, including the Department of Transportation, for grants from the Traffic Congestion Relief Fund shall demonstrate in the application that they have made the maximum effort to seek local, private, and federal funds to assist in the completion of these projects. If only a study or a specific part or phase of a project is authorized for a project listed in subdivision (a) of Section 14556.40 of the Government Code, only the study or the specific part or phase shall be financed, and no other part or phase of the project shall be financed from this account. Grants shall be made pursuant to this paragraph only for studies for projects listed in paragraphs (6), (12), (15), (22), (25), (114), (121), and (154) of subdivision (a) of Section 14556.40 of the Government Code.
       (iii) Prior to making the allocations pursuant to clause (i), the commission shall allocate two million dollars ($2,000,000) per year from the account for a competitive local assistance program for the preparation of alternative planning scenarios pursuant to Section 65080.3 of the Government Code. Only regional transportation planning agencies may apply for grants, and grants shall be awarded on the basis of compliance with Section 65080.3 of the Government Code.
       (B)(i) Any money reverted to the Congestion Bottleneck Account under subparagraph (A) shall be reallocated by the commission for expenditure on state, regional, or local highway and street projects that improve the flow of traffic within an existing publicly owned roadway by adding high-occupancy vehicle or highoccupancy toll lanes where none is present, or accomplishing other, similar traffic flow improvement projects, such as truck climbing lanes, within existing roadways.
       (ii) All money expended pursuant to this subparagraph (B) shall be expended within the city limits of cities, or within urbanized parts of counties that have population densities of not less than 1,000 persons per square mile.
       (iii) Sixty percent (60%) of the money reallocated pursuant to this subparagraph (B) shall be expended in County Group 2 and forty percent (40%) shall be expended in County Group 1.
       (C) Notwithstanding the requirements of subparagraphs (A) and (B), money in the Congestion Bottleneck Account shall first be allocated to the following projects:
       (i) To the local transportation improvement agency with zoning and land use authority over the following designated area, ten million dollars ($10,000,000) per year during the 2003–04 to 2011–12, inclusive, fiscal years for highway, roadway, and street infrastructure improvements that improve motorist and pedestrian safety and reduce traffic congestion and traffic congestion bottlenecks in the area generally bounded by Campus Drive, State Route 55 (the Costa Mesa Freeway), Harvard Avenue, and Barranca Parkway. Design and construction shall be carried out by the jurisdiction within which each project is located.
       (ii) To the City and County of San Francisco Golden Gate Park Concourse Authority, ten million dollars ($10,000,000) per year during the 2003–04 to 2006–07, inclusive, fiscal years for the construction of improvements in the Music Concourse area of Golden Gate Park, within which the California Academy of Sciences and the M. H. de Young Memorial Museum are situated, in accordance with the provisions of Proposition J, approved by the voters of the City and County of San Francisco on June 2, 1998. Improvements to the Concourse shall enhance the natural, scenic, and recreational values of the Park and, in coordination with other Concourse-area improvement projects, this money may be used for transportation, bus parking, area parking management, and environmental improvements that will reduce the impact of automobiles in Golden Gate Park while assuring safe, reliable, and convenient access for visitors to the park. This money may not be used for design or construction of the underground parking facility.
       (iii) To the City of Irvine, ten million dollars ($10,000,000) per year during the 2003–04 to 2007–08, inclusive, fiscal years for the development, construction (including construction of parking structures), and acquisition and operation of remote airport terminals, and the acquisition of vehicles for the system, connecting the City of Irvine to Los Angeles International Airport, Santa Ana John Wayne International Airport, Long Beach Airport, Ontario International Airport, and other airports in Southern California.
       (iv) To the Department of Transportation, twelve million five hundred thousand dollars ($12,500,000) per year during the 2003–04 to 2009–10, inclusive, fiscal years for improvements needed to extend the Highway 110 Transitway from its existing northerly terminus to Los Angeles Union Station via a northern extension to Interstate 10, easterly to Alameda Street, and northerly along Alameda Street to an interface with the existing El Monte Busway terminus at Los Angeles Union Station.
       (v) To the Department of Transportation, five million dollars ($5,000,000) for the 2003–04 fiscal year for the construction of a new interchange to replace an existing interchange with seismic deficiencies on Interstate 5 at Laval Road.
       (vi) To the City of Laguna Woods, two million dollars ($2,000,000) for the 2003–04 fiscal year to improve the flow of traffic along El Toro Road. This money may be used to acquire rights-of-way, make modifications to streets and roads, move median strips, improve lighting, install and modify traffic signals, and for other improvements to make the route safe and convenient. This money may also be used for the development of an alternative vehicle route along El Toro Road, suitable for bicycles, golf carts, electric scooters, pedestrians, and other forms of non-motorized vehicle transportation.  
       (vii) To the Department of Transportation, thirteen million seven hundred thousand dollars ($13,700,000) during the 2004–05 to 2013–14, inclusive, fiscal years, for design, right-of-way acquisition, and construction of connections between State Route 56 and Interstate 5, including related improvements on Interstate 5, with first priority for expenditures given to ramps for westbound State Route 56 connecting with Interstate 5 north and Interstate 5 south connecting with eastbound State Route 56. The project will facilitate the improvement of traffic through the I-5/I-805 merge.
       (viii) To the Department of Transportation, two million dollars ($2,000,000) per year during the 2004–05 to 2006–07, inclusive, fiscal years for design and environmental review of High Occupancy Vehicle lanes and truck lanes on Interstate 5 between State Route 14 and State Route 126.
       (ix) To the City of Santa Clarita, four million five hundred thousand dollars ($4,500,000) per year during the 2003–04, 2004–05, and 2008–09 fiscal years for right-of-way acquisition and construction costs for the I-5/SR-126 (Magic Mountain Parkway) interchange and associated relocation and widening of The Old Road and State Route 126 from I-5 to McBean Parkway.
       (x) To the Department of Transportation, two million five hundred thousand dollars ($2,500,000) per year during the 2003–04 to 2005–06, inclusive, fiscal years for right-of-way acquisition and construction costs for the I5/SR-126 (Magic Mountain Parkway) interchange and associated widening of SR-126 and improvement of the Commerce Center Drive interchange with State Route 126. Design and construction shall be carried out by the jurisdiction within which each project is located.
       (xi) To the County of Los Angeles, three million dollars ($3,000,000) per year during the 2003–04 and 2004–05 fiscal years for right-of-way acquisition and construction costs for Interstate 5/Hasley Canyon Road interchange.
       (xii) To the Department of Transportation, ten million dollars ($10,000,000) per year during the 2003–04 to 2010–11, inclusive, fiscal years for implementation of congestion relief projects along U.S. 101 between State Route 23 and State Route 170 recommended pursuant to the corridor analysis authorized by paragraph (48) of subdivision (a) of Section 14556.40 of the Government Code.
       (xiii) To the Department of Transportation, five million dollars ($5,000,000) per year during the 2003–04 to 2004–05, inclusive, fiscal years for implementation of an Intelligent Transportation Systems (ITS) program, specifically including advanced traffic signal control systems, transit signal intervention systems, shuttle system linkage to existing light rail transit stations and educational and employment centers, in the area bounded by Interstate 710, Interstate 405, Interstate 605, and State Route 91. The implementation of this ITS program shall be in partnership with California State University Long Beach and its transportation technology section, and the Transportation Program at Long Beach City College campus.
       (xiv) To the City of La Cañada-Flintridge, five million dollars ($5,000,000) per year during the 2003–04 to 2004–05, inclusive, fiscal years for local funding of state highway soundwalls, pursuant to Section 215.6 of the Streets and Highways Code, located on the eastbound and westbound sides of Interstate 210 in La Cañada-Flintridge and listed on the Los Angeles County Metropolitan Transportation Authority’s Retrofit Soundwall Program “Post May 1989 List.”
       (2)(A) Sixteen percent (16%) to the Transit Service Expansion and Enhancements Account, for allocation by the Controller for bus, light rail, and commuter rail operations, transit equipment and facility improvement, maintenance, and rehabilitation, and transit passenger security, as follows: Fifty percent (50%) in the manner as provided for allocation of State Transit Assistance funds pursuant to Sections 99314 and 99314.3 of the Public Utilities Code, except that money shall be allocated directly to transit operators by the Controller, and fifty percent (50%) to transportation planning agencies for allocation to transit operators in the same manner as provided for allocation of State Transit Assistance funds pursuant to Section 99313 of the Public Utilities Code, except that this money shall be allocated by the transportation planning agency only to transit operators and not for other purposes.
       (B)(i) To be eligible to receive an allocation pursuant to this paragraph (2), the public agency receiving money pursuant to this paragraph shall annually expend from its general fund for public transportation operations an amount not less than the annual average of its expenditures from its general fund during the 1996–97, 1997–98, and 1998–99 fiscal years, as reported to the Controller pursuant to Section 99243 of the Public Utilities Code, and as increased by the Consumer Price Index. For purposes of this subparagraph, in calculating a public agency’s annual general fund expenditures and its average general fund expenditures for the 1996–97, 1997–98, and 1998–99 fiscal years, any unrestricted money that the public agency may expend at its discretion shall be considered expenditures from the general fund.
       (ii) For any public agency created on or after July 1, 1996, the Controller shall calculate an annual average of expenditure for the part of the period from July 1, 1996, to December 31, 2000, inclusive, that the public agency was in existence. For any public agency created after 2000, the Controller may select an appropriate period of analysis.
       (iii) For purposes of clause (ii), the Controller may request fiscal data from public agencies in addition to data provided pursuant to Section 99243 of the Public Utilities Code, for the 1996–97, 1997–98, 1998–99, or any other fiscal years. Each public agency shall furnish the data to the Controller not later than 120 days after receiving the request. The Controller may withhold payment to public agencies that do not comply with the request for information or provide incomplete data.
       (iv) The Controller may perform audits to ensure compliance with clause (ii) when deemed necessary. Any public agency that has not complied with clause (ii) shall reimburse the state for the money it received during that fiscal year. Any money withheld or returned as a result of a failure to comply with clause (ii) shall be reallocated to the other eligible public agencies whose expenditures are in compliance.
       (v) If a public agency fails to comply with the requirements of clause (ii) in a particular fiscal year, the public agency may expend during that fiscal year and the following fiscal year a total amount that is not less than the total amount required to be expended for those fiscal years for purposes of complying with clause (ii).
       (C)(i) Notwithstanding the requirements of subparagraphs (A) and (B), one-half of one percent (.5%) of the account shall be allocated each fiscal year as a first priority by the Controller to the State Coastal Conservancy, for a grant to a nonprofit organization one of whose principal purposes is to support and improve the Golden Gate National Recreation Area, for expenditure (including by contract with public and private transportation agencies and companies) to provide improved transportation services to transit-dependent neighborhoods, community groups, and schools to the programs of the Crissy Field Center, and for transportation services between the Center and other locations in the National Recreation Area. The grant may be also used for acquisition and maintenance of vehicles needed to provide these services, for information and education about the services, and for management and administration of the programs authorized by this clause (i).
       (ii) Notwithstanding the requirements of subparagraphs (A) and (B), one-half of one percent (.5%) of the account shall be allocated each fiscal year as a first priority by the Controller to the State Coastal Conservancy, for a grant to a nonprofit organization one of whose principal purposes is to improve the Golden Gate National Recreation Area, for expenditure on projects for operation and maintenance of, and improvements and enhancements to, public access, transit services, congestion relief, and bicycle and pedestrian safety. The grant may also be used for improvements and enhancements of shoreline and other natural areas that have been impacted by highways within the National Recreation Area, project administration, and management of the program authorized by this clause (ii).
       (iii) Notwithstanding the requirements of subparagraphs (A) and (B), one million dollars ($1,000,000) per year shall be allocated each fiscal year as a first priority by the Controller to the Department of Parks and Recreation, for a grant to a nonprofit organization one of whose principal purposes is to support the California State Railroad Museum for general operating support of the Railroad Technology Museum at the Historic Southern Pacific Shops at Sacramento.
       (iv) Notwithstanding the requirements of paragraphs (A) and (B), one-half of one percent (.5%) of the account shall be allocated as a first priority by the Controller to the State Coastal Conservancy, for a grant to a nonprofit organization one of whose principal purposes is to improve and sustain historic Fort Mason in San Francisco, for expenditure on projects for operation and maintenance of, and improvements and enhancements to, the vintage E/F-Line rail transit service in San Francisco. These funds may also be used for project administration and management of the program authorized by this subparagraph.
       (3)(A)(i) Seventeen percent (17%) to the Transit Capital Account, for projects to construct or improve light and commuter rail lines, build fueling stations for public transportation systems, purchase rolling stock and buses, construct other transit facilities, including, but not limited to, facilities needed to store and maintain equipment, and to purchase rights-of-way for public transportation projects, and for the other purposes of this paragraph (3).
       (ii) Money in the Transit Capital Account shall be allocated by the California Transportation Commission directly to regional transportation planning agencies in accordance with the computations of county shares required by Section 188.8 of the Streets and Highways Code for expenditure as part of an existing program or programs developed pursuant to the laws governing the State Transportation Improvement Program, or as part of a new program or programs developed by a regional transportation planning agency. Sixty percent (60%) of the remaining money in the Transit Capital Account shall be expended in County Group 2 and forty percent (40%) shall be expended in County Group 1. This calculation shall be made after expenditures from the account for projects listed in subparagraph (D).
       (B) Money allocated under this paragraph may not be used to construct administrative headquarters or other facilities that do not directly serve rail and bus transit users.
       (C) The regional transportation planning agencies shall allocate the money based on dollars per new rider and other cost-effectiveness criteria, to be adopted by the commission as guidelines or regulations, that prioritize projects that reduce vehicle miles traveled or slow the rate of growth in vehicle miles traveled. Regulations or guidelines adopted under this subparagraph shall not be subject to review or approval of the Office of Administrative Law or subject to any other requirement of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
       (D) Notwithstanding the limitations in subparagraph (A) and subparagraph (C), money in the Transit Capital Account shall first be allocated to the following projects:
       (i) To the Sacramento Regional Transit District, ten million dollars ($10,000,000) per year during the 2003–04 to 2012–13, inclusive, fiscal years for the extension of light rail service from downtown Sacramento to Sacramento International Airport.
       (ii) To the Tahoe Transportation District, six million dollars ($6,000,000) per year during the 2003–04 to 2005–06, inclusive, fiscal years for the design and purchase of alternatively fueled boats, fueling stations, infrastructure, and dock improvements, for the initiation and implementation of waterborne transportation service on Lake Tahoe. The district shall coordinate its efforts with the Tahoe Metropolitan Planning Organization. All land-based facilities for this project shall be located in California. The district shall undertake this project only if the Tahoe Regional Planning Agency determines that the project reduces traffic congestion and reliance on the private automobile, taking into account reduction in vehicle miles traveled, and air and water pollution in the Lake Tahoe Basin, in addition to fulfilling the requirements of the Tahoe Regional Planning Compact and the Regional Plan for Lake Tahoe. Up to five percent (5%) of the total amount may be used to plan the project. The district may seek matching state and federal grants for the service. Up to three hundred thousand dollars ($300,000) of the total amount may be used for development of a parking management plan for the Lake Tahoe Basin, including parking for the waterborne transportation passengers. The district may use up to eight million dollars ($8,000,000) of the total amount for the establishment of a dedicated, permanent operating reserve. Annually the interest from this reserve shall be used to pay for part of the operation of the service. The district may contract for the operation of the waterborne transportation service.
       (iii) To the State Coastal Conservancy, one million dollars ($1,000,000) per year during the 2003–04 to 2005–06 inclusive, fiscal years, for a grant to a nonprofit organization one of whose principal purposes is to improve and sustain historic Fort Mason in San Francisco, for improvements to the vintage E/F Line rail transit service in San Francisco. Such improvements may include, but are not limited to, planning and implementation of an extension of the line to the San Francisco Maritime National Historic Park and Fort Mason Center, vintage vehicle rehabilitation and restoration, passenger stop enhancements, and improvements to related facilities. This money may also be used by the nonprofit organization for project administration and management of the program authorized by this subparagraph.
       (iv) To the Department of Parks and Recreation, seven million dollars ($7,000,000) for the 2003–04 fiscal year, for a grant to a nonprofit organization one of whose principal purposes is to support the California State Railroad Museum and its Railroad Technology Museum, to construct the Railroad Technology Museum at the Historic Southern Pacific Shops at Sacramento.
       (v) To the Los Angeles County Metropolitan Transportation Authority, seven million five hundred thousand dollars ($7,500,000) per year during the 2003–04 to 2012–13, inclusive, fiscal years to construct a tunnel under Exposition Boulevard to accommodate light rail, buses, and other motor vehicles at least from State Route 110 to west of Vermont Avenue. This project will enhance pedestrian safety for students and visitors to museums, classrooms, and activity centers in Exposition Park and adjacent University Park, as well as contribute to transit and transportation efficiency in this historic district.
       (vi) To the Port of Oakland, five million dollars ($5,000,000) per year during the 2003–04 to 2012–13, inclusive, fiscal years for public transportation projects and related environmental projects, including acquisition and development of public transportation facilities, waterfront park and trail improvements, bicycle and pedestrian pathways and related restoration projects at Lake Merritt, and related infrastructure, along or connecting to the Oakland waterfront, extending from the Howard Terminal in the Jack London District area, to and including San Leandro Bay and the Lake Merritt Channel, provided that such projects are consistent with the Estuary Policy Plan (a portion of the Oakland General Plan), as may be amended; and for public transportation and environmental projects related to developments along Hegenberger Road between the Coliseum Bay Area Rapid Transit station and the Oakland International Airport, including projects specifically related to the BART to Airport Connector.
       (vii) To the Redevelopment Agency of the City of Oakland, one million five hundred thousand dollars ($1,500,000) per year during the 2003–04 to 2012–13, inclusive, fiscal years to encourage transit-oriented development near downtown mass transit facilities, thereby reducing unnecessary commuting with motor vehicles. Two-thirds of this money shall be spent for the acquisition, construction, and equipping of the California State chartered Oakland School for the Arts so as to serve the above-described transit-oriented development.
       The remainder of the money shall be spent for the planning and construction of transportation-related improvements in the vicinity of the Oakland City Hall consistent with the 17th Street and San Pablo Parking Study and the Central Business District Study for transportation infrastructure. Permissible projects include: bus parking, commuter van pooling parking, bicycle parking, improved BART access, area parking management, parking structures, and environmental mitigations.
       (4)(A) Two percent (2%) to the Senior and Disabled Transportation Account, for allocation by the Controller as grants to transportation planning entities in accordance with the designations made in Section 29532 of the Government Code and Section 99214 of the Public Utilities Code to be used to provide transportation to seniors and people with disabilities otherwise unable to drive or take regularly scheduled public transportation. Twenty percent (20%) of the grants annually awarded pursuant to the program authorized by this paragraph shall be awarded to cities, counties, cities and counties, and other public agencies on a matching fund or service basis. If sufficient matching contributions are not available to use twenty percent (20%) of the grants, the remaining money shall be used for grants to public agencies that cannot provide matching contributions.
       (B)(i) To be eligible for a grant pursuant to this paragraph (4), a public agency applying for a grant pursuant to this paragraph shall annually expend for senior and disabled transportation purposes an amount not less than the annual average of its expenditures from its general fund during the 1996–97, 1997–98, and 1998–99 fiscal years, as reported to the Controller pursuant to Section 99243 of the Public Utilities Code, and as increased by the Consumer Price Index. For purposes of this subparagraph, in calculating a public agency’s annual general fund expenditures and its average general fund expenditures for the 1996–97, 1997–98, and 1998–99 fiscal years, any unrestricted money that the public agency may expend at its discretion shall be considered expenditures from the general fund.
       (ii) For any public agency created on or after July 1, 1996, the Controller shall calculate an annual average of expenditure for the part of the period from July 1, 1996, to December 31, 2000, inclusive, that the public agency was in existence. For any public agency created after 2000, the Controller may select an appropriate period of analysis.
       (iii) For purposes of clause ii, the Controller may request fiscal data from public agencies in addition to data provided pursuant to Section 99243 of the Public Utilities Code, for the 1996–97, 1997–98, 1998–99, or any other fiscal years. Each public agency shall furnish the data to the Controller not later than 120 days after receiving the request. The Controller may withhold payment to public agencies that do not comply with the request for information or provide incomplete data.
       (iv) The Controller may perform audits to ensure compliance with clause ii when deemed necessary. Any public agency that has not complied with clause ii shall reimburse the state for the money it received during that fiscal year. Any money withheld or returned as a result of a failure to comply with clause ii shall be reallocated to the other eligible public agencies whose expenditures are in compliance.
       (v) If a public agency fails to comply with the requirements of clause ii in a particular fiscal year, the public agency may expend during that fiscal year and the following fiscal year a total amount that is not less than the total amount required to be expended for those fiscal years for purposes of complying with clause ii.
       (5)(A)(i) Four percent (4%) to the Rail Grade Separations Account, for allocation by the California Transportation Commission pursuant to a priority list developed by the Public Utilities Commission in accordance with the requirements of this paragraph, to be used for projects to separate rail lines from streets, roads, and highways.
       (ii) Except for the projects in subparagraph (D), money in the account shall be transferred for expenditure by the California Transportation Commission only in a fiscal year in which at least $15 million ($15,000,000) is also allocated to rail grade separation projects pursuant to Section 190 of the Streets and Highways Code. In a fiscal year in which at least $15 million ($15,000,000) is not also allocated to rail grade separation projects pursuant to Section 190 of the Streets and Highways Code, the money that would otherwise be transferred to the account in that fiscal year shall be transferred instead to the Transit Capital Account established by paragraph (3) of subdivision (b).
       (B) First priority for use of the money allocated from the account shall be for grade separation projects across existing heavy rail lines, based on the amount of traffic congestion that would be relieved by the grade separation. High priority shall be given to projects on rail lines that serve ports, since these projects reduce the need for truck traffic by making rail lines safer.
       (C) Money allocated from the account shall be used to accommodate bicycles and pedestrians in grade separation projects, and projects that accommodate only bicycles and pedestrians are eligible to receive funding pursuant to this paragraph.
       (D) Notwithstanding the restrictions in subparagraphs (A), (B), and (C), money in the account shall first be allocated to the following projects:
       (i) To the Southern California Regional Rail Authority, ten million dollars ($10,000,000) per year during the 2003–04 to 2006–07, inclusive, fiscal years for grade separations at Sand Canyon Road and Harvard Avenue. Design and construction shall be carried out by the jurisdictions within which each project is located.
       (ii) To the City of San Bernardino, seven million five hundred thousand dollars ($7,500,000) per year during the 2003–04 to 2006–07, inclusive, fiscal years for the following grade separation improvements associated with the Norton Air Force Base Intermodal Goods Movement Facility: Tippecanoe Avenue south of Central Avenue; Waterman Avenue south of Central Avenue; Mill Street west of Waterman Avenue; and E Street south of Rialto Avenue.
       (6)(A) Ten percent (10%) to the Transportation Impacts Mitigation Trust Fund, to be allocated by the Resources Agency in accordance with Section 164.57 of the Streets and Highways Code.
       (i) At least one million dollars ($1,000,000) shall be expended in each fiscal year by the Resources Agency on facilities that assist wildlife in safely crossing transportation corridors, in order to increase motorist safety, reduce traffic congestion, and promote connectivity among wildlife populations. Sixty percent (60%) of the money for wildlife crossings authorized by this subparagraph shall be expended in County Group 2 and forty percent (40%) shall be expended in County Group 1.
       (ii) At least one million dollars ($1,000,000) shall be expended in or near urban or urbanizing areas in the region comprised of Orange, Riverside, San Bernardino, and San Diego Counties, each fiscal year by the Department of Food and Agriculture in accordance with subdivision (f) of Section 164.57 of the Streets and Highways Code.
       (B) Notwithstanding subparagraph (A) and the restrictions of Section 164.57 of the Streets and Highways Code, the following amounts shall first be allocated from the trust fund:
       (i) To the City of Irvine, ten million dollars ($10,000,000) per year during the 2003–04 to 2014–15, inclusive, fiscal years for the creation of a wildlife corridor and related trail systems connecting the Laguna Coast Wilderness Park and Crystal Cove State Park to the Orange County Central Park and Nature Preserve; and for infrastructure, landscaping, forestation, and recreational improvements for the Orange County Central Park and Nature Preserve, to mitigate the effects of Interstates 5 and 405 and other roads that interfere with wildlife migration in this area; and for bicycle and pedestrian crossings of streets and flood control improvements relating to transportation facilities, and other improvements along the Jeffrey Open Space Spine.
       (ii) To the County of Riverside, six million dollars ($6,000,000) per year for the Western Riverside County Habitat Conservation Plan Implementation Program. First priority for the expenditure of this money shall be for land acquisition. The purpose of these expenditures is to acquire wildlife habitat to mitigate the effect of transportation and transportation-related development in Riverside County. During the 2003–04 to 2012–13, inclusive, fiscal years, not more than one million dollars ($1,000,000) may be expended for operations and maintenance of the lands acquired by the program. Commencing with the 2014–15 fiscal year, and during each subsequent fiscal year, up to five million dollars ($5,000,000) may be expended for operations and maintenance of the lands acquired by the program.
       (iii) To the San Joaquin River Conservancy, five hundred thousand dollars ($500,000) per year, to be expended by the conservancy and at the direction of the conservancy for the acquisition of land, development of facilities, and the operation and maintenance thereof. Of this amount, the conservancy shall grant not less than twenty-five percent (25%) each year to nonprofit organizations in Fresno and Madera Counties one of whose principal purposes is conservation of and education about the San Joaquin River for projects that meet the requirements of this subparagraph. These expenditures are necessary because of the impacts of state highways and freeways such as State Routes 99 and 41, and other transportation corridors on the environment on and near the San Joaquin River.
       (iv) To the Santa Monica Mountains Conservancy, eight million dollars ($8,000,000) each fiscal year, to be expended by the conservancy, and at the direction of the conservancy, by any joint powers agency of which the conservancy is a member, on projects that meet the requirements of this subparagraph and Section 164.57 of the Streets and Highways Code, including the operation and maintenance of the land acquired and facilities constructed pursuant to this subparagraph. Notwithstanding any other provision of law, one million dollars ($1,000,000) of the amount specified in this subparagraph shall annually be used for the acquisition and improvement of natural parks within the heavily urbanized area of Los Angeles County. These expenditures are necessary because of the impacts of state highways and freeways such as Interstate 10, U.S. 101, State Routes 134 and 1, and many other state and local roads that have negatively impacted the environmental quality of the Santa Monica Mountains, and other lands that are to be preserved by the conservancy and its public agency partners.
       (v)(I) To the County of Sacramento, one million dollars ($1,000,000) per year for the acquisition of land, development, and operation and maintenance of the American River parkway, including trails, to promote greater use of the parkway. The parkway’s Jedediah Smith Memorial Trail (off-street) is a recreation resource of regional, state, and national significance, and is a major east-west, 23-mile long transportation corridor for commuter bicyclists. Use of the parkway by bicyclists and other recreational users is an important part of Sacramento County’s strategy to reduce public exposure to air pollution and toxic air contaminants by supporting bicycling, including the provision of bicycle circulation infrastructure for commuter and recreational travel. Improved levels of maintenance and enhanced public safety services in the parkway will promote increased use of the parkway by people traveling to and from work, school, and other destinations served by U.S. 50, Interstate 80, and other local arterials.
       (II) To be eligible to receive an allocation pursuant to this subparagraph, the County of Sacramento shall annually expend from its general fund for the American River Parkway, an amount not less than the annual average of its expenditures from its general fund during the 1999–2000, 2000–01, and 2001–02 fiscal years as reported to the Controller, and as increased by the Consumer Price Index. In calculating the county’s annual general fund expenditures for the 1999–2000, 2000–01, and 2001–02 fiscal years, any unrestricted money that the county may expend at its discretion shall be considered expenditures from the general fund. The Controller may request fiscal data from the county for the fiscal years identified. The county shall furnish the data to the Controller not later than 120 days after receiving the request. The Controller may withhold payment to the county if it does not comply with the request for information or provides incomplete data. The Controller may perform audits to ensure compliance when deemed necessary. If the county does not comply, the county shall reimburse the state for the money it received during that fiscal year.
       (vi) The following projects will mitigate the impact of transportation projects on wildlife corridors in Riverside County:
       (I) To the County of Riverside, three million dollars ($3,000,000) per year for the San Timoteo Park project, including San Timoteo Creek and Canyon and adjacent land in the canyons and hills between Loma Linda and Beaumont. First priority for the expenditure of this money shall be for land acquisition. In a year in which no land can be acquired, the allocations shall be used to operate and maintain the lands acquired for the San Timoteo Park project.
       (II) To the City of Riverside, one million dollars ($1,000,000) per year for the La Sierra/Norco Hills project between the cities of Riverside and Norco, including acquisition of land for habitat and a wildlife corridor connection to the Santa Ana River, and adjacent Santa Ana River Trail improvements. First priority for the expenditure of this money shall be for land acquisition, and second priority shall be for Santa Ana River Trail improvements. In years when no land can be acquired, and no trail improvements are needed, the money shall be used to operate and maintain the La Sierra/Norco Hills habitat area and the Santa Ana River Trail in the City of Riverside.
       (vii) To the State Coastal Conservancy, two million dollars ($2,000,000) per year during the 2003–04 to 2004–05 inclusive, fiscal years, for a grant to a nonprofit organization one of whose principal purposes is to improve the Golden Gate National Recreation Area, for transportation improvements and related enhancements at or near oceanfront and bay shoreline sites in the National Recreation Area. Such improvements may include, but are not limited to, bicycle and pedestrian projects, transportation safety projects, park entrance projects, transit access projects, parking improvements that reduce the impact of motor vehicles on the visitor experience, visitor facilities, and beach and shoreline restoration of natural areas that have been impacted by roadways.
       (viii) To the City of Laguna Woods, two million dollars ($2,000,000) for the 2003–04 fiscal year, for the acquisition of land within the city or within the sphere of influence of the city near or adjacent to the Laguna Coast Wilderness Park, and for the development of trails connecting to the park. The purpose of these funds is to reduce the impact of nearby transportation facilities on wildlife corridors.
       (ix) To the State Coastal Conservancy, three million five hundred thousand dollars ($3,500,000) for the 2003–04 fiscal year, for a grant to a nonprofit organization one of whose principal purposes is the restoration of the San Diego River, for acquisition of land and the restoration of habitat along the river. The purpose of these funds is to mitigate the impact of transportation facilities such as State Route 67, Interstate 5, and other roads on the San Diego River.
       (x) To the Department of Parks and Recreation, five million dollars ($5,000,000) per year during the 2003–04 to 2013–14 fiscal years, inclusive, for the acquisition of coastal wetlands resources located in Los Angeles County within the coastal zone, as defined in Section 30103 of the Public Resources Code, and within the Ballona Creek watershed to offset the effects of transportation improvements and road construction within the coastal zone in Los Angeles County.
       (xi) To the City of Sacramento, two million dollars ($2,000,000) per year during the 2003–04 to 2004–05, inclusive, fiscal years, for the Downtown to the Riverfront Reconnection, to be developed on air rights over Interstate 5. The decking project, aimed at mitigating the impact of Interstate 5, will create open space and support the revitalization of the waterfront.
       (xii) To the State Coastal Conservancy, one million dollars ($1,000,000) for the 2003–04 fiscal year, for a grant to a nonprofit organization one of whose principal purposes is the restoration and enhancement of bicycle paths, pedestrian trails, and related signage and lighting, and the acquisition and upgrade of pedestrian and bicycle access points to and along La Ballona Creek in the incorporated and unincorporated areas of Los Angeles County.
       (xiii) To the State Coastal Conservancy, five hundred thousand dollars ($500,000) for the 2003–04 fiscal year, for a grant to a nonprofit organization one of whose principal purposes is the creation of an educational program in coastal Southern California to instruct schoolage children and the general public about non-point source pollution from automobiles, trucks, and other motor vehicles that enters the watersheds and storm drains leading to the ocean. The grant shall be used to acquire one or more Mobil Ocean and Traveling Discovery Center vehicles. Vehicles acquired with this money shall certify to the lowest achievable emission levels for criteria pollutants.
       (xiv) To the Coachella Valley Mountains Conservancy, two million dollars ($2,000,000) each fiscal year, to be expended directly by the conservancy or through grants from the conservancy to public agency partners, joint powers agencies, or nonprofit conservation organizations for the acquisition of land and the operation and maintenance thereof. The acquisitions shall assist in the local implementation of the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan, and help implement the Conservancy’s mission to protect mountainous and natural community conservation lands in and surrounding the Coachella Valley. These expenditures are necessary because of the impacts of state and federal highways such as Interstate 10, and related interchange projects, State Routes 62, 74, 86, and 111 and many other state and local roads that have negatively impacted the environmental quality of the Coachella Valley.
       (xv) To the State Coastal Conservancy, one million dollars ($1,000,000) for the 2003–04 fiscal year, for a grant to a nonprofit organization one of whose principal purposes is the preservation of the San Dieguito River, for the acquisition of land and the restoration of habitat along the San Dieguito River, and for the development of trails. These expenditures are to mitigate the effect of transportation and transportation-related development in and near the San Dieguito River Valley.
      (xvi) To the Wildlife Conservation Board, ten million dollars ($10,000,000) for the 2003–04 fiscal year, for the acquisition of “natural lands” in the watershed of the Sacramento River with outstanding spring run and other salmon and steelhead populations, water rights important to the salmon and steelhead populations, important archaeological resources, and diverse wildlife populations. For the purposes of this subparagraph, acquisition shall be fee simple purchases and permanent conservation easements. For purposes of this subparagraph the “natural lands” shall be lands that include at least five miles of frontage on a major tributary of the Sacramento River and include 5,000 contiguous acres or more, and that are also large enough to substantially protect the watershed of a major tributary of the Sacramento River that meet the requirements of this subparagraph. This acquisition is to compensate for the damage done to salmon populations and archaeological resources in the Sacramento Valley by such transportation facilities as Interstate 5, State Routes 99 and 70, and other major roads and highways.
      (xvii)(I) To the County of Sacramento, one million five hundred thousand dollars ($1,500,000) per year for expenditure in the area along the State Route 16, Scott Road, Deer Creek, and Cosumnes River corridors, and particularly the area north of State Route 16 lying west of the Amador and El Dorado County line, south of White Rock Road, and east of the westerly boundary of the East County Open Space study area as defined in 2001 by the Sacramento County Board of Supervisors and including the Sloughhouse area generally; and the area south of Highway 16 lying west of the Amador County line and north of Meiss Road, to be more specifically delineated by the Board of Supervisors. The money shall be expended within Sacramento County for the primary purpose of mitigating the impacts of transportation activities elsewhere in the county and the region, such as air, noise, and water pollution, by maintaining as much land as possible within the study area and associated corridors in a predominantly rural, scenic, and open space character through the use of cost-effective, incentive-driven cooperative programs with area landowners (with highest priority given to farmers and ranchers), and assisting with appropriate protection and improvement of the area’s roads and corridors to provide for their safe use and enjoyment by local and nonlocal users, consistent with continuing their rural and scenic character. The money allocated by this subparagraph shall be expended pursuant to a program developed and approved by the Board of Supervisors.
      (II) At least seventy five percent (75%) of the money allocated pursuant to subclause (I) shall be expended in any 10-year period for the purpose of funding long-term contractual open space stewardship, management, and enhancement agreements with willing landowners to actively maintain and improve one or more mutually determined and preferably conjunctive open space values of the property, including, but not limited to, farming, ranching, wildlife habitat and related biological values, oaks and oak woodlands, riparian corridors, watersheds, historic and cultural resources, viewsheds, and where mutually deemed appropriate, public access and recreation. Stewardship agreements shall cover a minimum of 320 acres and shall not include land owned in fee by a governmental agency or a tax-exempt nonprofit organization qualified under Section 501(c)(3) of the United States Internal Revenue Code. A proposed stewardship agreement program may be developed by the Sloughhouse Resource Conservation District for consideration for approval by the Board of Supervisors. Compensation for landowners pursuant to stewardship agreements shall be established by mutual consent, including, but not limited to, consideration of the length and terms of the agreement, the public interest value of the resources or activities covered, and the labor, services, and investment expected of the landowner. Where relevant and appropriate, costs shall generally be less than or competitive with costs typically incurred by public agencies using public employees to perform similar functions.
      (III) Up to twenty five percent (25%) of the money allocated pursuant to subclause (I) over any 10-year period may be used for safety improvements on Scott Road, including improvements to minimize the need to close Scott Road because of flooding, that are consistent with its rural and scenic character, for assisting in the maintenance, rehabilitation and reuse of the historic bridges over the Cosumnes River, and for preserving, restoring, and interpreting historic and cultural resources, particularly in the State Route 16 and Cosumnes River corridors and the Sloughhouse area.
      (7) Two percent (2%) to the Transportation Water Quality Account, to be allocated by the State Water Resources Control Board for expenditure pursuant to Section 164.58 of the Streets and Highways Code.
      (8)(A) Three percent (3%) to the Air Quality Account for allocation by the State Air Resources Board to the Carl Moyer Memorial Air Quality Standards Attainment Program established under Chapter 9 (commencing with Section 44275) of Part 5 of Division 26 of the Health and Safety Code, and any other additional transfers as provided in subparagraph (B). Each air district (as defined in Section 39025 of the Health and Safety Code) shall be eligible for grants of not less than one hundred thousand dollars ($100,000) per year. Any district with a population less than 150,000 shall not be required to provide matching funds.
      (B) If the State Air Resources Board determines that money is no longer needed for the Carl Moyer Memorial Air Quality Standards Attainment Program, seventy-five percent (75%) of the money that would otherwise be deposited in the Air Quality Account shall be transferred to the Bicycle Efficiency Account and twenty-five percent (25%) shall be transferred to the Pedestrian Account, to be used for the purposes of those accounts.
      (9) Two percent (2%) to the Bicycle Efficiency Account, to be allocated by the Department of Transportation for bicycle projects pursuant to Section 894.5 of the Streets and Highways Code.
      (10) One percent (1%) to the Pedestrian Account, to be allocated by the Department of Transportation for projects to facilitate pedestrian utilization and pedestrian safety projects pursuant to Section 894.5 of the Streets and Highways Code and to accommodate paratransit needs at school bus stops.
      (11)(A) Four percent (4%) to the Intercity and Commuter Rail Capital and Operations Account, to be allocated by the California Transportation Commission to the Department of Transportation and to public agencies operating commuter rail services, to be used for the operation of intercity and commuter rail service, to acquire rolling stock, to rehabilitate rail service, to construct new rail lines and stations, consolidate existing rail lines, and to improve existing lines to benefit passenger rail service.
      (B) Forty percent (40%) of the money allocated by subparagraph (A) shall be allocated to commuter rail, to provide improved service that generally parallels congested segments of freeway corridors. Sixty percent (60%) of the money allocated by subparagraph (A) shall be allocated to intercity rail, with highest priority given to service that generally parallels congested freeway corridors. The calculation required by this paragraph shall be made after the expenditures required by subparagraph (C) have been made.
      (C)(i) Notwithstanding the requirements of subparagraph (B), first priority for the expenditure of the money allocated pursuant to this paragraph (11) shall be an allocation of fifteen million dollars ($15,000,000) per year during the 2003–04 to 2010–11, inclusive, fiscal years to the Department of Transportation, for the following project to reduce traffic congestion on the Interstate 10 and other highway corridors, and to improve highway and rail passenger safety. The project shall include capital outlay for intercity passenger rail service from Los Angeles via Fullerton and Colton, to Palm Springs and Indio, including the following components: two trainsets each consisting of at least five cars and one locomotive; track and signal improvements to facilitate passenger rail trains serving Palm Springs through Indio; one passenger rail station at Ramon Road in the mid-Valley section of the Coachella Valley; one passenger rail station near Jackson Street in the east Valley section of the Coachella Valley in Indio; and improvements to the rail passenger station currently located in Palm Springs. Passenger rail stations shall include platforms, passenger stations, any necessary parking and tunnels, and other station amenities. First priority for expenditure shall be the development of passenger rail stations for this service. The city or Indian reservation within which each station is located may elect to manage the design and construction of these stations, subject to the design and financial approval of the Department of Transportation.
      (ii) The Department of Transportation shall contract with a national rail passenger service provider to operate this intercity service and shall seek support for the operation of this service from all federal funding sources, including, but not limited to, the United States Department of Transportation.
      (12)(A) Two percent (2%) to the Rural Transportation Account, to be allocated by the Controller directly to transit operators in counties with a population of less than 250,000 as follows: Fifty percent (50%) in the manner as provided for allocation of State Transit Assistance funds pursuant to Sections 99314 and 99314.3 of the Public Utilities Code, except that money shall be allocated directly to transit operators by the Controller, and fifty percent (50%) to transportation planning agencies for allocation to transit operators in the same manner as provided for allocation of State Transit Assistance funds pursuant to Section 99313 of the Public Utilities Code, except that this money shall be allocated by the transportation planning agency only to transit operators and not for other purposes, to be used to improve the mobility of people living in rural areas who cannot drive motor vehicles.
      (B) First priority for expenditur, e of the money in the account shall be to serve persons with disabilities and other health problems, seniors, students, and persons with low incomes who do not drive motor vehicles.
      (13) Three percent (3%) to the Transit Oriented Development Account, to be allocated by the Secretary of the Business, Transportation, and Housing Agency on the basis of population to regional transportation planning agencies for capital outlay projects to develop public use facilities associated with rail and bus transit st, a, , , t, ions, in accordance with the competitive grant program established under Section 13984 of the Government Code. Sixty percent (60%) of the grants shall be made in County Group 2 and forty percent (40%) shall be made in County Group 1.
      (14) One percent (1%) to the Bicycle and Pedestrian Safety Law Enforcement Account, to be allocated by the Controller as follows:
      (A) Two-thirds to the Office of Criminal Justice Planning for grants to state and local law enforcement agencies to increase enforcement of speed limit and other traffic safety laws along heavily used pedestrian and bicycle routes. The highest priority for grants shall be for routes financed under the Safe Routes to School Program established under Section 2333.5 of the Streets and Highways Code. The Office of Criminal Justice Planning may adopt guidelines or regulations to implement this paragraph. The guidelines or regulations are not subject to the review and approval of the Office of Administrative Law or subject to any other requirement of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Sixty percent (60%) of the grants shall be made in County Group 2 and forty percent (40%) shall be made in County Group 1.
      (B) One-third to the State Department of Education for grants to school districts to educate students and parents about how children can safely travel to school on foot and by bicycle along heavily used pedestrian and bicycle routes, in compliance with state and local traffic safety laws, ordinances, and programs. The highest priority for grants shall be for schools along routes financed under the Safe Routes to School Program established under Section 2333.5 of the Streets and Highways Code. The State Department of Education may adopt guidelines or regulations to implement this paragraph. The guidelines or regulations are not subject to the review and approval of the Office of Administrative Law or subject to any other requirement of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Sixty percent (60%) of the grants shall be made in County Group 2 and forty percent (40%) shall be made in County Group 1. School districts receiving money pursuant to this subparagraph shall consult with bicycling and law enforcement organizations about the implementation of these programs.
      (15)(A) Eight percent (8%) to the Safe and Clean School Bus Account, for allocation by the State Department of Education for grants to any public school district, county office of education, state-operated school, or Joint Powers Authority for the purpose of purchasing or leasing new school buses, as defined in Section 39830 of the Education Code, in the following order of priority: First priority shall be to replace currently certified California school buses manufactured prior to April 1, 1977, that do not meet current Federal Motor Vehicle Safety Standards. Second priority shall be to replace currently certified California school buses manufactured prior to January 1, 1987, that do not meet current pollution control standards. Third priority shall be to replace currently certified California school buses manufactured on or after January 1, 1987, and to increase fleet size. The State Department of Education shall develop and use a life cycle cost formula to determine the life cycle and cost of any new school buses leased or purchased under this program. Grants shall be made on a competitive basis, and the criteria for awarding grants shall be determined in consultation with the State Air Resources Board.
      (B) Grants shall be made only for the purchase or lease of new buses that certify to the lowest achievable emissions levels for criteria pollutants. Public school districts, county offices of education, state-operated schools, or joint powers authorities with an average daily attendance of fewer than 500 students or located in a region certified by the California Energy Commission to be without fuels necessary to meet this requirement, may request relief from this requirement. Grants may include funding for refueling infrastructure.
      (C) Public school districts, county offices of education, state-operated schools, or joint powers authorities shall pay ten percent (10%) of the cost of each new or leased bus up to the amount of ten thousand dollars ($10,000), but matching funds may be obtained from other agencies or applicable programs. Grant recipients shall present documented proof to the State Department of Education that buses built prior to 1977 and replaced under this program shall be destroyed and that school buses manufactured prior to January 1, 1987, and replaced under this program shall be removed from school bus service, and shall not be re-registered within the State of California. Any regulations adopted to implement this paragraph shall not be subject to the review or approval of the Office of Administrative Law and shall not be subject to any other requirement of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
      (16) Five percent (5%) to the Traffic Safety Improvement Account, for allocation by the California Transportation Commission to the Department of Transportation and the regional transportation planning agencies, for grants for projects that improve highway safety, to be allocated strictly on the basis of the potential of the project to reduce motorist, bicyclist, and pedestrian fatalities and injuries. First priority shall be given to projects that improve safety on the street and highway segments that have the highest rate of injuries and fatalities. The commission shall give priority to projects that are cost-effective. The Office of Traffic Safety shall advise the commission on the development of this program. The commission may adopt regulations or guidelines to implement this paragraph. Any regulations or guidelines adopted to implement this paragraph shall not be subject to the review or approval of the Office of Administrative Law and shall not be subject to any other requirement of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
      (17) Four percent (4%) to the Passenger Rail Improvement, Safety, and Modernization Account, to be allocated by the Controller pursuant to Chapter 7 (commencing with Section 99571) of Part 11 of Division 10 of the Public Utilities Code.
      (c) Money allocated as a grant or expended by a state agency under this section may be used as matching contributions to meet the requirements of any local, state, or federal transportation program.
      (d)(1) If the recipient of money under this section fails to comply with the terms of the grant the agency making the grant may initiate an action to rescind the grant, and recover the money granted to the recipient, together with interest as computed on deficiency assessments.
      (2) Any money recovered under this subdivision shall be deposited in the account from which it was awarded and shall be available for appropriation for the purposes of the account from which it was awarded, and for no other purpose.
      (3) The initiation of an action pursuant to this subdivision does not preclude the imposition of any fine, forfeiture, or other penalty, or the undertaking of an administrative enforcement action pursuant to any other provision of law or regulation.
      (e) The Controller may transfer money from the fund for purposes expressly authorized in this section, and for the limited purposes set forth in Section 13985 of the Government Code and for investment in the Pooled Money Investment Account, and for no other purposes. Notwithstanding any other provision of law, money deposited in the Pooled Money Investment Account shall be available for immediate allocation or reallocation as provided in this section and may not be loaned to, or borrowed by, any other special fund or the General Fund. All interest earned from investment in the Pooled Money Investment Account shall be deposited in the fund and shall be used solely for the purposes of the fund and shall be allocated in accordance with this section.
      (f) In the event of damage to transportation facilities in California due to an earthquake occurring subsequent to the effective date of this measure, the Governor may utilize money from the fund to match federal funds to repair damage to those facilities from that earthquake for up to 12 months after the date of the earthquake. No funds allocated pursuant to this subdivision shall be used to supplant federal funds otherwise available in the absence of state financial relief.
      (g) No money in the fund may be used for debt service for general obligation bonds issued for transportation purposes pursuant to Chapter 17 (commencing with Section 2701) of Division 3 of the Streets and Highways Code, or bonds issued pursuant to Chapter 6 (commencing with Section 99690) of Part 11.5 of Division 10 of the Public Utilities Code, or for any existing or future general obligation bonds that the state authorizes or issues.
      (h) Notwithstanding any other provision of law, except as provided by this section and Section 13985 of the Government Code, money deposited into the fund shall not be transferred to or revert to the General Fund, but shall remain in the fund until allocated or reallocated as provided in this section.
      (i) Money in the fund shall not be used to replace money that was previously planned, programmed, or approved by a local or regional transportation entity or a city, county, or city and county for public transportation purposes.
      (j) Expenditures made pursuant to this section may include the costs directly related to the mitigation of a project financed pursuant to this section. No expenditure shall be made of any money made available pursuant to this section for any mitigation costs required by federal or state law or a local ordinance for any project that was not financed pursuant to this section.
      (k) Emissions reductions resulting from the part of a project financed under this section may not be used under any local, state, or federal emissions averag ing or trading program to offset or reduce any emissions reduction obligation that is in effect at the time the project is financed. Emissions reductions resulting from the part of a project financed under this section may not be banked under any local, state, or federal emissions banking program.
      (l) All money allocated by this section shall be disbursed quickly and efficiently. All forms for applications for grants of money from state agencies shall be clear, simple, understandable, and as short as possible. All applications for grants shall be processed quickly and approved or rejected within 180 days of submission, and within 90 days on projects of less than five million dollars ($5,000,000). Unsuccessful applicants shall be given guidance as to how to change their applications to gain approval. This guidance may also be provided in a way that allows applicants to change pending applications before they are subjected to approval or rejection.
      (m) Not later than December 31 of each year, each state and local agency receiving money from the fund shall publish a list of all projects approved under this section during the preceding fiscal year. The report shall include for each project a description of the project, the cost of the project, the amount of annual reductions in air emissions or water pollution estimated to result from the project, if any, and the effect of the project on traffic congestion, if any. The report shall be transmitted to the Governor and the Legislature, and shall be available to the public, including through the Internet.
      (n) Any project that receives money from the fund shall by appropriate signage at the project site and through publicity inform the public about the use of money from the fund. The signage shall indicate that the source of the money was a voter-approved initiative, passed in 2002. The Secretary of the Business, Transportation, and Housing Agency shall develop regulations to implement this section. Those regulations shall not be subject to the review or approval of the Office of Administrative Law and shall not be subject to any other requirement of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
      (o) In implementing this section, each agency allocating money from the fund, and each agency receiving money from the fund shall give preference to contracting with the California Conservation Corps or community conservation corps, as defined in and certified pursuant to Section 14507.5 of the Public Resources Code, in undertaking work financed pursuant to this section to the extent that the corps have the capability of carrying out the programs to be implemented by the agencies.
      (p) Every project undertaken pursuant to this section shall comply with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
      (q) Construction projects or works of improvement for facilities that are paid for in part or in whole using money from the fund shall be considered public works projects subject to Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code and shall be regulated by the Department of Industrial Relations in the same manner in which it carries out this responsibility under the Labor Code.
      (r) Section 99683 of the Public Utilities Code applies to all rail and bus capital outlay projects undertaken pursuant to this section.
      (s) Expenditures from the fund shall be subject to an annual audit by an independent seven member commission composed of five members appointed by the Governor, and one each appointed by the Speaker of the Assembly and the Senate Committee on Rules. The commission shall elect its own chair. The members shall serve without pay, but may receive per diem as determined by the Department of Finance. The costs of the commission, including the costs of the audit, shall be paid with money in the fund by the Controller before allocation to the accounts in the fund, as specified in this section.
      (t) The audit required under subdivision(s) shall include review of the administration of the program and expenses incurred, including, but not limited to, the initial start-up costs of the program. The independent commission created under subdivision(s) shall contract with a private auditing firm to conduct the audit. On completion of the audit, the commission shall immediately report the results to the Governor, and the Legislature, and shall make the results available to the public, including through the Internet. Each state and local agency that administers any part of the program authorized under this section shall report to the Governor, the Legislature, and the public its response to the results and recommendations of the audit within 90 days of completion of the audit. If the audit recommends a reduction in the cost of administering the program, the agency shall reduce its administrative costs or provide a written explanation to the Governor and the Legislature explaining why the administrative expenses cannot be reduced.
      (u) Pursuant to Section 8 of Article XVI of the California Constitution, funds in the Traffic Congestion Relief and Safe School Bus Trust Fund in the State Treasury, established under this section, shall be added to General Fund revenues otherwise considered in making the calculations required under Section 8 of Article XVI.
      (v) Except as expressly authorized under this section, money may not be transferred between or among the accounts established under subdivision (b) or between or among the funds named in this section.
      (w) Money made available by this section may not be used for projects that result in a decrease in the existing level of pedestrian and bicycle access or safety features along and across a street, road, railway, highway, or bridge.
      (x) Money made available by this section may be used to supplement other money in order to complete a capital outlay project, or to operate a transportation system.
      (y) The California Transportation Commission may adopt guidelines or regulations to implement any of the requirements and provisions that apply to the commission pursuant to this section. Any regulations adopted to implement this subdivision shall not be subject to the review or approval of the Office of Administrative Law and shall not be subject to any other requirement of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
      (z) If a project or program is eligible for funding from more than one account under this section, it may receive funding from more than one account for a single project or program.
      (aa)(1) Unless otherwise specified in this section, notwithstanding Sections 13340, 16304, and 16304.1 of the Government Code, all money in the fund, the trust fund, and accounts created by this section allocated to any state agency by this section is continuously appropriated to that agency without regard to fiscal years, and all money in the fund, the trust fund, and accounts created by this section allocated to any state or local agencies shall remain available to those agencies from year to year until expended.
      (2) Notwithstanding Sections 13340, 16304, and 16304.1 of the Government Code, all money transferred by the Controller to the accounts established by this section and the Transportation Impacts Mitigation Trust Fund is continuously appropriated without regard to fiscal years for the purposes of the accounts and the trust fund, and shall remain available for expenditure from the accounts and the trust fund to the agencies and nonprofit organizations eligible to receive money from the accounts and the trust fund from year to year until expended.
      (bb) If a statute passed by the Legislature transfers any money from an account to any other account, fund, or other depository, directly or indirectly, within 90 days of the effective date of the statute the Controller shall transfer an amount equivalent to the amount of the transfer from the General Fund to the account. There is hereby appropriated from the General Fund an amount necessary to make any transfer required by this subdivision.
      (cc) It is the intent of the voters that money provided by the State of California to cities, counties, and special districts not be reduced by the Legislature as a result of the initiative measure that added this section to the Revenue and Taxation Code.
      (dd) No agency shall expend more than two percent (2%) of the money available to it pursuant to this section on the administration of that money.
      (ee) For purposes of this section, County Group 1 and County Group 2 are those county groups as defined in Section 187 of the Streets and Highways Code.
      (ff) In allocating money pursuant to this section that is distributed solely utilizing Section 187 of the Streets and Highways Code, state and regional agencies, including the Controller, granting the money shall further distribute the money so that each county having a population greater than 250,000 receives an amount that is within ten percent (10%) what it would receive if the money were distributed on a per capita basis.
      (gg) Any statute that alters the flow of revenue governed by Section 7102 or this section in a manner different than the provisions of the initiative measure that added this section to the Revenue and Taxation Code shall be void and without force or effect. Any bill or statute that interferes with the intended operation of the provisions of the initiative measure that added this section to the Revenue and Taxation Code with respect to the flow of money or in any other way shall be void and without force or effect.
      (hh) Money appropriated, expended, or transferred pursuant to this section shall not be deemed to be a transfer of funds for the purposes of Chapter 9 (commencing with Section 2780) of Division 3 of the Fish and Game Code.
      (ii) For purposes of this section, commuter rail services include, but are not limited to, the Bay Area Rapid Transit, the Capitol Corridor, CalTrain, Altamont Commuter Express, Coaster, and Metrolink systems.
      (jj) In the expenditure of capital outlay or operating funds received pursuant to this section, the Southern California Regional Rail Authority shall give first priority to additional service and facilities along Metrolink rail lines that parallel congested freeways, such as State Routes 91, 118, 60, and 14, U.S. 101, and Interstates 215, 10 and 5, as well to facilities that support such service.
      SEC. 3. Section 13984 is added to the Government Code, to read:
      13984. (a) For purposes of this section, the following terms shall have the following meanings:
      (1) “Rail or bus transit” means any of the following: light rail (including trolley buses), commuter rail, heavy rail, or intercity rail; or exclusive bus transit ways or bus transit lines with service no less than every 15 minutes during peak traffic congestion periods.
      (2) “Public use facilities” means all of the following:
      (A) Street, sidewalk, and pedestrian crosswalk improvements within onethird mile of a rail or bus transit line.
      (B) Rail or bus transit station amenities, including, but not limited to, artwork, benches, pedestrian and bicycle overpasses and tunnels, accommodations in compliance with the Americans with Disabilities Act of 1990 (Public Law 101-336), elevators, escalators, and bicycle parking and motor vehicle parking structures that enable increased rail or bus transit station use and offer preferential parking to rail or bus transit users.
      (C) Child care centers, libraries, community rooms, restrooms, and other public facilities and public spaces that serve or are accessible to rail or bus transit users.
      (D) Acquisition of land to implement projects qualifying for grants under this section.
      (E) Multi-modal facilities, including, but not limited to, infrastructure to accommodate connections to bus lines, other rail or bus transit lines, jitneys, taxis, tour buses, pedestrian facilities, and access routes used by bicyclists.
      (F) Facilities to accommodate publicly owned low emission motor vehicles at rail or bus transit stations, including, but not limited to, recharging stations, secure parking, and storage facilities.
      (G) Traffic light synchronization controllers and signal priority for public transit near rail or bus transit stations.
      (H) The cost of relocation assistance required to implement any of the projects listed in this subdivision, up to ten percent (10%) of the total cost of the project.
      (I) Remediation of contaminated lands to implement any of the projects listed in this subdivision, if there is, at least in part, no party responsible for remediation or the state is itself a responsible party.
      (3) “Project” means a mixed-use housing and business development that is within one-third mile of a rail stop or bus transit stop that includes at least two of the following elements:
      (A) Housing.
      (B) Retail.
      (C) Office space.
      (b) The purpose of this section is to pay for public use facilities in order to improve the financial feasibility of private development projects located at rail or bus transit stations serving housing and employment centers, and thereby to increase rail or bus transit use.
      (c)(1) The secretary shall develop a program for implementation by regional transportation planning agencies to develop public use facilities associated with transit stations as part of proposed projects that will increase rail or bus transit ridership in a cost-effective manner.
      (2) A project shall be given preference under this section if it meets any of the following criteria: (A) The project has received a density bonus from a local land use agency.
      (B) The project includes a parking facility that is shared by rail or bus transit users and users of the proposed project. Higher priority shall be given to proposals that include paid parking.
      (C) The project has reduced parking requirements due to the increased use of rail or bus transit resulting from close association with a rail or bus transit station. The parking requirements shall be at least thirty percent (30%) below the zoning in force for the six months prior to submittal of the grant application.
      (3) Each application for a grant from a local public agency (including but not limited to cities, counties, cities and counties, transportation agencies, redevelopment agencies, and housing authorities) shall be accompanied by all of the following:
      (A) A development plan for the rail or bus transit station and adjacent project, including, but not limited to, a description of the involvement of private developers willing to implement the development plan.
      (B) A letter from the owner of the rail or bus transit station indicating a willingness to cooperate in implementation of the proposed project.
      (C) Station area zoning and densities allowed at the rail or bus transit station and the immediately surrounding area. Zoning and densities shall be at a level that will promote cost-effective development.
      (d) Each public agency receiving a grant for a project that includes housing pursuant to this section shall assure that not less than twenty percent (20%) of the money is for projects that dedicate at least twenty-five percent (25%) of their units for housing for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code. Highest priority shall be given to grant applications that include a commitment for matching contributions for local agency programs that provide incentives to construct this and other types of housing.
      (e) At least fifty percent (50%) of the money available pursuant to this section shall be expended for housing projects that meet the other requirements of this section.
      (f) The secretary shall adopt regulations to implement this section, including a definition of “peak traffic congestion period.” Those regulations shall not be subject to review or approval of the Office of Administrative Law or subject to any other requirement of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
      SEC. 4. Section 13985 is added to the Government Code, to read:
      13985. (a) The money in the Traffic Congestion Relief and Safe School Bus Trust Fund, which is created in the State Treasury by Section 7105 of the Revenue and Taxation Code, shall be transferred to the General Fund by the Controller if the aggregate amount of General Fund revenues for the current fiscal year, as projected by the Governor in a report to the Legislature in May of the current fiscal year, is less than the aggregate amount of General Fund revenues for the previous fiscal year, as specified in the budget submitted by the Governor pursuant to Section 12 of Article IV of the California Constitution in the current fiscal year. In the event that a transfer of money to the General Fund pursuant to this subdivision is necessary, the Department of Finance shall determine the amount to be transferred to the General Fund, and shall notify the Controller in writing as to the amount, the timing of the transfer, and the applicable time period affected by the transfer.
      (b) The Controller shall reduce the total amount of money transferred to the Traffic Congestion Relief and Safe School Bus Trust Fund by the Controller in any fiscal year if the aggregate amount of General Fund revenues for the current fiscal year, as projected by the Governor in a report to the Legislature in May of the current fiscal year is not projected to increase compared to the previous fiscal year in an amount equal to the amount of money to be transferred to the fund in accordance with this section. Reductions in money transferred to the fund due to operation of this subdivision shall be allocated in proportion to the percentage of money in the fund allocated to each account in subdivision (b) of Section 7105 of the Revenue and Taxation Code and the Transportation Impacts Mitigation Trust Fund. In the event that a reduction of the money to be transferred to the Traffic Congestion Relief and Safe School Bus Trust Fund from the General Fund by the Controller is necessary pursuant to this subdivision, the Department of Finance shall determine the amount of the reduction and shall notify the Controller in writing as to the amount, the timing of the transfer, and the applicable time period affected by the transfer.
      (c) Money in the Traffic Congestion Relief and Safe School Bus Trust Fund in the State Treasury may be allocated only in accordance with Section 7105 of the Revenue and Taxation Code, this section, Sections 164.57, 164.58, and 894.5 of the Streets and Highways Code, and Chapter 7 (commencing with Section 99571) of Part 11 of Division 10 of the Public Utilities Code.
      (d) In a fiscal year in which a particular project allocated money by paragraph (1), (3), (5), (6), or (11) of subdivision (b) of Section 7105 of the Revenue and Taxation Code for a limited number of years does not receive all or part of its allocation due to the operation of this section, each project that did not receive its full allocation in that fiscal year shall receive a replacement allocation in subsequent fiscal years for each fiscal year it did not receive an allocation. The replacement allocation shall be made at the end of the period specified in Section 7105 of the Revenue and Taxation Code that allocations are made to the particular project. The replacement allocations shall be in the same amount that would have otherwise been allocated. Replacement allocations shall be made in as many sequential fiscal years as are needed to compensate for the allocations that were not made during the fiscal years in which the allocation otherwise would have been made. The intent of this subdivision is to be sure that each project specified in paragraphs (1), (3), (5), (6), or (11) of subdivision (b) of Section 7105 of the Revenue and Taxation Code receives all the funds it would have received if subdivision (a) and (b) of this section had not been in operation.
      SEC. 5. Section 14556.40 of the Government Code is amended to read:
      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 Downtown San Jose in Santa Clara and Alameda Counties. Seven hundred twentyfive million dollars ($725,000,000). The lead applicant is the Santa Clara Valley Transportation Authority.
      (2) Fremont-South Bay Commuter Rail; acquire-rail line and start commuter-rail service-between Fremont and San Jose in Santa Clara-and Alameda Counties. BART to San Jose; extend BART from Fremont to Downtown San Jose in Santa Clara and Alameda Counties. Thirty-five million dollars ($35,000,000). The lead applicant is the Santa Clara Valley Transportation Authority.
      (3) Route 101; widen freeway from four to eight lanes south of San Jose, Bernal Road to Burnett Avenue in Santa Clara County. Twenty-five million dollars ($25,000,000). The lead applicant is the department or the Santa Clara Valley Transportation Authority.
      (4) Route 680; add northbound HOV lane over Sunol Grade, Milpitas to Route 84 in Santa Clara and Alameda Counties. Sixty million dollars ($60,000,000). The lead applicant is the department or the Alameda County Congestion Management Agency.
      (5) Route 101; add northbound lane to freeway through San Jose, Route 87 to Trimble Road in Santa Clara County. Five million dollars ($5,000,000). The lead applicant is the department or the Santa Clara Valley Transportation Authority.
      (6) Route 262; major investment study for cross connector freeway, Route 680 to Route 880 near Warm Springs in Santa Clara County. One million dollars ($1,000,000). The lead applicant is the department or the Santa Clara Valley Transportation Authority.
      (7) CalTrain; expand service to Gilroy; improve parking, stations, and platforms along UPRR line in Santa Clara County. Fifty-five million dollars ($55,000,000). The lead applicant is Santa Clara Valley Transportation Authority.
      (8) Route 880; reconstruct Coleman Avenue Interchange near San Jose Airport in Santa Clara County. Five million dollars ($5,000,000). The lead applicant is the department or the Santa Clara Valley Transportation Authority.
      (9) Capitol Corridor; improve intercity rail line between Oakland and San Jose, and at Jack London Square and Emeryville stations in Alameda and Santa Clara Counties. Twenty-five million dollars ($25,000,000). The lead applicant is the department or the Capitol Corridor Joint Powers Authority.
      (10) Regional Express Bus; acquire low-emission buses for new express service on HOV lanes regionwide. In nine counties. Forty million dollars ($40,000,000). The lead applicant is the Metropolitan Transportation Commission.
      (11) San Francisco Bay Southern Crossing; complete feasibility and financial studies for new San Francisco Bay crossing (new bridge, HOV/transit bridge, terminal connection, or second BART tube) in Alameda and San Francisco or San Mateo Counties. Five million dollars ($5,000,000). The lead applicant is the department or the Metropolitan Transportation Commission.
      (12) Bay Area Transit Connectivity; complete studies of, and fund related improvements for, the I-580 Livermore Corridor; the Hercules Rail Station and related improvements, West Contra Costa County and Route 4 Corridors in Alameda and Contra Costa Counties. Seventeen million dollars ($17,000,000). Of the amount specified, seven million dollars ($7,000,000) shall be made available for the Route 4 Corridor study and improvements, seven million dollars ($7,000,000) shall be made available for the I-580 Corridor study and improvements, and three million dollars ($3,000,000) shall be made available for the Hercules Rail Station study and improvements. The lead applicant for the Hercules Rail Station and related improvements in west Contra Costa County is the Contra Costa County Transportation Authority. The lead applicants, for the I-580 Livermore Study and improvements are the Alameda County Congestion Management Authority and the San Francisco Bay Area Rapid Transit District. The lead applicants for the Route 4 Corridor study and improvements are the Contra Costa County Transportation Authority and the San Francisco Bay Area Rapid Transit District.  
      (13) CalTrain Peninsula Corridor; acquire rolling stock, add passing tracks, and construct pedestrian access structure at stations between San Francisco and San Jose in San Francisco, San Mateo, and Santa Clara Counties. One hundred twenty-seven million dollars ($127,000,000). The lead applicant is the Peninsula Joint Powers Board.
      (14) CalTrain; extension to Salinas in Monterey County. Twenty million dollars ($20,000,000). The lead applicant is the Transportation Agency for Monterey County.
      (15) Route 24; Caldecott Tunnel; add fourth bore tunnel with additional lanes in Alameda and Contra Costa Counties. Twenty million dollars ($20,000,000). The lead applicant is the department or the Metropolitan Transportation Commission.
      (16) Route 4; construct one or more phases of improvements to widen freeway to eight lanes from Railroad through Loveridge Road, including two high-occupancy vehicle lanes, and to six or more lanes from east of Loveridge Road through Hillcrest. Thirty-nine million dollars ($39,000,000). The lead applicant is the Contra Costa Transportation Authority.
      (17) Route 101; add reversible HOV lane through San Rafael, Sir Francis Drake Boulevard to North San Pedro Road in Marin County. Fifteen million dollars ($15,000,000). The lead applicant is the department or the Marin Congestion Management Agency.
      (18) Route 101; widen eight miles of freeway to six lanes, Novato to Petaluma (Novato Narrows) in Marin and Sonoma Counties. Twenty-one million dollars ($21,000,000). The lead applicant is the department or the Sonoma County Transportation Authority.
      (19) Bay Area Water Transit Authority; establish a regional water transit system beginning with Treasure Island in the City and County of San Francisco. Two million dollars ($2,000,000). The lead applicant is the Bay Area Water Transit Authority.
      (20) San Francisco Muni Third Street Light Rail; extend Third Street line to Chinatown (tunnel) in the City and County of San Francisco. One hundred forty million dollars ($140,000,000). The lead applicant is the San Francisco Municipal Transportation Agency.
      (21) San Francisco Muni Ocean Avenue Light Rail; reconstruct Ocean Avenue light rail line to Route 1 near California State University, San Francisco, in the City and County of San Francisco. Seven million dollars ($7,000,000). The lead applicant is the San Francisco Municipal Transportation Agency.
      (22) Route 101; environmental study for reconstruction of Doyle Drive, from Lombard St./Richardson Avenue to Route 1 Interchange in City and County of San Francisco. Fifteen million dollars ($15,000,000). The lead applicant is the department or the San Francisco County Transportation Authority.
      (23) CalTrain Peninsula Corridor; complete grade separations at Poplar Avenue in (San Mateo), 25th Avenue or vicinity (San Mateo), and Linden Avenue (South San Francisco) in San Mateo County. Fifteen million dollars ($15,000,000). The lead applicant is the San Mateo County Transportation Authority.
      (24) Vallejo Baylink Ferry; acquire low-emission ferryboats to expand Baylink Vallejo-San Francisco service in Solano County. Five million dollars ($5,000,000). The lead applicant is the City of Vallejo.
      (25) I-80/I-680/Route 12 Interchange in Fairfield in Solano County; 12 interchange complex in seven stages (Stage 1). Thirteen million dollars ($13,000,000). The lead applicant is the department or the Solano Transportation Authority.
      (26) ACE Commuter Rail; add siding on UPRR line in Livermore Valley in Alameda County. One million dollars ($1,000,000). The lead applicant is the Alameda County Congestion Management Authority.
      (27) Vasco Road Safety and Transit Enhancement Project in Alameda and Contra Costa Counties. Eleven million dollars ($11,000,000). The lead applicant is Alameda County Congestion Management Authority.
      (28) Parking Structure at Transit Village at Richmond BART Station in Contra Costa County, . Five million dollars ($5,000,000). The lead applicant is the City of Richmond.
    &nbs, p; (29) AC Transit; buy two fuel cell buses and fueling facility for demonstration project,  , in Alamed, a and Contra Costa Counties. Eight million dollars ($8,000,000). The lead applicant is the Alameda Contra Costa Transit District.
      (30) Implementation of commuter rail passenger service from Cloverdale south to San Rafael and Larkspur in Marin and Sonoma Counties. Thirty-seven million dollars ($37,000,000). The lead applicant is the Sonoma-Marin Area Transit Authority.
      (31) Route 580; construct eastbound and westbound HOV lanes from Tassajara Road/Santa Rita Road to Vasco Road in Alameda County. Twenty-five million dollars ($25,000,000). The lead applicant is the department or the Alameda County Congestion Management Authority.
      (32) North Coast Railroad; repair and upgrade track to meet Class II (freight) standards in Napa, Sonoma, Marin, Mendocino and Humboldt Counties. Sixty million dollars ($60,000,000). The lead applicant is the North Coast Rail Authority. Except for the amounts specified in paragraph (1) of subdivision (a) and subdivision (b) of Section 14456.50, no part of the specified amount may be made available to the authority until it has made a full accounting to the commission demonstrating that the expenditure of funds provided to the authority in the Budget Act of 2000 (Chapter 52 of the Statutes of 2000) was consistent with the limitations placed on those funds in that Budget Act.
      (33) Bus Transit; acquire low-emission buses for Los Angeles County MTA bus transit service. One hundred fifty million dollars ($150,000,000). The lead applicant is the Los Angeles County Metropolitan Transportation Authority.
      (34) Blue Line to Los Angeles; new rail line Pasadena to Los Angeles in Los Angeles County. Forty million dollars ($40,000,000). The lead applicant is the Pasadena Metro Blue Line Construction Authority.
      (35) Pacific Surfliner; triple track intercity rail line within Los Angeles County and add run-through-tracks through Los Angeles Union Station in Los Angeles County. One hundred million dollars ($100,000,000). The lead applicant is the department.
      (36) Los Angeles Eastside Transit Extension; build new light rail line in East Los Angeles, from Union Station to Atlantic via 1st Street to Lorena in Los Angeles County. Two hundred thirty-six million dollars ($236,000,000). The lead applicant is the Los Angeles County Metropolitan Transportation Authority.
      (37) Los Angeles Mid-City Transit Improvements; build Bus Rapid Transit system or Light Rail Transit in Mid-City/Westside/Exposition Corridors in Los Angeles County. Two hundred fifty-six million dollars ($256,000,000). The lead applicant is the Los Angeles County Metropolitan Transportation Authority.
      (38) Los Angeles-San Fernando Valley Transit Extension; (A) build an East-West Bus Rapid Transit system in the Burbank-Chandler corridor, from North Hollywood to Warner Center. One hundred forty-five million dollars ($145,000,000). (B) Build a North-South corridor bus transit project that interfaces with the foregoing East-West Burbank-Chandler Corridor project and with the Ventura Boulevard Rapid Bus project. One hundred million dollars ($100,000,000). The lead applicant for both extension projects is the Los Angeles County Metropolitan Transportation Authority.
      (39) Route 405; add northbound HOV lane over Sepulveda Pass, Route 10 to Route 101 in Los Angeles County. Ninety million dollars ($90,000,000). The lead applicant is the department or the Los Angeles County Metropolitan Transportation Authority.
     , ; (40) Route 10; add HOV lanes on San Bernardino Freeway over Kellogg Hill, near Pomona, Route 605 to Route 57 in Los Angeles County. Ninety million dollars ($90,000,000). The lead applicant is the department or the Los Angeles County Metropolitan Transportation Authority.
      (41) Route 5; add HOV lanes on Golden State Freeway through San Fernando Valley, Route 170 (Hollywood Freeway) to Route 14 (Antelope Valley Freeway) in Los Angeles County. Fifty million dollars ($50,000,000). The lead applicant is the department or the Los Angeles County Metropolitan Transportation Authority.
      (42) Route 5; widen Santa Ana Freeway to 10 lanes (two HOV + two mixed flow), Orange County line to Route 710, with related major arterial improvements, in Los Angeles County. One hundred twenty-five million dollars ($125,000,000). The lead applicant is the department or the Los Angeles County Metropolitan Transportation Authority.
      (43) Route 5; improve Carmenita Road Interchange in Norwalk in Los Angeles County. Seventy-one million dollars ($71,000,000). The lead applicant is the department or the Los Angeles County Metropolitan Transportation Authority.
      (44) Route 47 (Terminal Island Freeway); construct interchange at Ocean Boulevard Overpass in the City of Long Beach in Los Angeles County. Eighteen million four hundred thousand dollars ($18,400,000). The lead applicant is the Port of Long Beach.
      (45) Route 710; complete Gateway Corridor study, Los Angeles/Long Beach ports to Route 5 in Los Angeles County. Two million dollars ($2,000,000). The lead applicant is the department.
      (46) Route 1; reconstruct intersection at Route 107 in Torrance in Los Angeles County. Two million dollars ($2,000,000). The lead applicant is the department or the Los Angeles County Metropolitan Transportation Authority. v(47) Route 101; California Street off-ramp in Ventura County. Fifteen million dollars ($15,000,000). The lead applicant is the department or the City of San Buenaventura.
      (48) Route 101; corridor analysis and PSR to improve corridor from Route 170 (North Hollywood Freeway) to Route 23 in Thousand Oaks (Ventura County) in Los Angeles and Ventura Counties. Three million dollars ($3,000,000). The lead applicant is the department.
      (49) Hollywood Intermodal Transportation Center; intermodal facility at Highland Avenue and Hawthorn Avenue in the City of Los Angeles. Ten million dollars ($10,000,000). The lead applicant is the City of Los Angeles.
      (50) Route 71; complete three miles of six-lane freeway through Pomona, from Route 10 to Route 60 in Los Angeles County. Thirty million dollars ($30,000,000). The lead applicant is the department or the Los Angeles County Metropolitan Transportation Authority.
      (51) Route 101/405; add auxiliary lane and widen ramp through freeway interchange in Sherman Oaks in Los Angeles County. Twenty-one million dollars ($21,000,000). The lead applicant is the department or the Los Angeles County Metropolitan Transportation Authority.
      (52) Route 405; add HOV and auxiliary lanes for 1 mile in West Los Angeles, from Waterford Avenue to Route 10 in Los Angeles County. Twenty-five million dollars ($25,000,000). The lead applicant is the department or the Los Angeles County Metropolitan Transportation Authority.
      (53) Automated Signal Corridors (ATSAC); improve 479 automated signals in Victory/Ventura Corridor, and add 76 new automated signals in Sepulveda Boulevard and Route 118 Corridors in Los Angeles County. Sixteen million dollars ($16,000,000). The lead applicant is the City of Los Angeles.
      (54) Alameda Corridor East; build grade separations on Burlington Northern-Santa Fe and Union Pacific Railroad lines, downtown Los Angeles to Los Angeles County line in Los Angeles County. One hundred fifty million dollars ($150,000,000). The lead applicant is the San Gabriel Valley Council of Governments.
      (55) Alameda Corridor East; build grade separations on Burlington Northern-Santa Fe and Union Pacific Railroad lines, with rail-to-rail separation at Colton through San Bernardino County. Ninety-five million dollars ($95,000,000). The lead applicant is the San Bernardino Associated Governments.
      (56) Metrolink; track and signal improvements on Metrolink; San Bernardino line in San Bernardino County. Fifteen million dollars ($15,000,000). The lead applicant is the Southern California Regional Rail Authority.
      (57) Route 215; add HOV lanes through downtown San Bernardino, Route 10 to Route 30 in San Bernardino County. Twenty-five million dollars ($25,000,000). The lead applicant is the department or the San Bernardino County Transportation Commission.
      (58) Route 10; widen freeway to eight lanes through Redlands, Route 30 to Ford Street in San Bernardino County. Ten million dollars ($10,000,000). The lead applicant is the department or the San Bernardino County Transportation Commission.
      (59) Route 10; Live Oak Canyon Interchange, including, but not limited to, the 14th Street Bridge over Wilson Creek, in the City of Yucaipa in San Bernardino County. Eleven million dollars ($11,000,000). The lead applicant is the department or the San Bernardino County Transportation Commission.
      (60) Route 15; southbound truck climbing lane at two locations in San Bernardino County. Ten million dollars ($10,000,000). The lead applicant is the department or the San Bernardino County Transportation Commission.
      (61) Route 10; reconstruct Apache Trail Interchange east of Banning in Riverside County. Thirty million dollars ($30,000,000). The lead applicant is the department or the Riverside County Transportation Commission.
      (62) Route 91; add HOV lanes through downtown Riverside, Mary Street to Route 60/215 junction in Riverside County. Forty million dollars ($40,000,000). The lead applicant is the department or the Riverside County Transportation Commission.
      (63) Route 60; add seven miles of HOV lanes west of Riverside, Route 15 to Valley Way in Riverside County. Twenty-five million dollars ($25,000,000). The lead applicant is the department or the Riverside County Transportation Commission.
      (64) Route 91; improve the Green River Interchange and add auxiliary lane and connector ramp east of the Green River Interchange to northbound Route 71 in Riverside County. Five million dollars ($5,000,000). The lead applicant is the department or the Riverside County Transportation Commission.
      (70) Route 22; add HOV lanes on Garden Grove Freeway, Route I-405 to Route 55 in Orange County. Two hundred six million five hundred thousand dollars ($206,500,000). The lead applicant is the department or the Orange County Transportation Authority.
      (73) Alameda Corridor East; (Orangethorpe Corridor) build grade separations on Burlington Northern-Santa Fe line, Los Angeles County line through Santa Ana Canyon in Orange County. Twenty-eight million dollars ($28,000,000). The lead applicant is the Orange County Transportation Authority.
      (74) Pacific Surfliner; double track intercity rail line within San Diego County, add maintenance yard in San Diego County. Forty-seven million dollars ($47,000,000). The lead applicant is the department or North Coast Transit District.
      (75) San Diego Transit Buses; acquire about 85 low-emission buses for San Diego transit service in San Diego County. Thirty million dollars ($30,000,000). The lead applicant is the San Diego Metropolitan Transit Development Board.
      (76) Coaster Commuter Rail; acquire one new train set to expand commuter rail in San Diego County. Fourteen million dollars ($14,000,000). The lead applicant is North County Transit District.
      (77) Route 94; complete environmental studies to add capacity to Route 94 corridor, downtown San Diego to Route 125 in Lemon Grove in San Diego County. Twenty million dollars ($20,000,000). The lead applicant is the department or San Diego Association of Governments.
      (78) East Village access; improve access to light rail from new in-town East Village development in San Diego County. Fifteen million dollars ($15,000,000). The lead applicant is the San Diego Metropolitan Transit Development Board.
      (79) North County Light Rail; build new 20-mile light rail line from Oceanside to Escondido in San Diego County. Eighty million dollars ($80,000,000). The lead applicant is North County Transit District.
      (80) Mid-Coast Light Rail; extend Old Town light rail line 6 miles to Balboa Avenue in San Diego County. Ten million dollars ($10,000,000). The lead applicant is the San Diego Metropolitan Transit Development Board.
      (81) San Diego Ferry; acquire low-emission high-speed ferryboat for new off-coast service between San Diego and Oceanside in San Diego County. Five million dollars ($5,000,000). The lead applicant is the Port of San Diego.
      (82) Routes 5/805; reconstruct and widen freeway interchange, Genesee Avenue to Del Mar Heights Road in San Diego County. Twentyfive million dollars ($25,000,000). The lead applicant is the department or the San Diego Association of Governments.
      (83) Route 15; add high-tech managed lane on I-15 freeway north of San Diego (Stage 1) from Route 163 to Route 78 in San Diego County. Seventy million dollars ($70,000,000). The lead applicant is the department or the San Diego Association of Governments.
      (84) Route 52; build four miles of new six-lane freeway to Santee, Mission Gorge to Route 67 in San Diego County. Forty-five million dollars ($45,000,000). The lead applicant is the department or the San Diego Association of Governments.
      (85) Route 56; construct approximately five miles of new freeway alignment between I-5 and I-15 from Carmel Valley to Rancho Penasquitos in the City of San Diego in San Diego County. Twenty-five million dollars ($25,000,000). The lead applicant is the department or the San Diego Association of Governments.
      (86) Route 905; build new six-lane freeway on Otay Mesa, Route 805 to Mexico Port of Entry in San Diego County. Twenty-five million dollars ($25,000,000). The lead applicant is the department or the San Diego Association of Governments.
      (87) Routes 94/125; build two new freeway connector ramps at Route 94/125 in Lemon Grove in San Diego County. Sixty million dollars ($60,000,000). The lead applicant is the department or the San Diego Association of Governments.
      (88) Route 5; realign freeway at Virginia Avenue, approaching San Ysidro Port of Entry to Mexico in San Diego County. Ten million dollars ($10,000,000). The lead applicant is the department or the San Diego Association of Governments.
      (89) Route 99; improve Shaw Avenue Interchange in northern Fresno in Fresno County. Five million dollars ($5,000,000). The lead applicant is the department or the Council of Fresno County Governments.
      (90) Route 99; widen freeway to six lanes, Kingsburg to Selma in Fresno County. Twenty million dollars ($20,000,000). The lead applicant is the department or the Council of Fresno County Governments.
      (91) Route 180; build new expressway east of Clovis, Clovis Avenue to Temperance Avenue in Fresno County. Twenty million dollars ($20,000,000). The lead applicant is the department or the Council of Fresno County Governments.
      (92) San Joaquin Corridor; improve track and signals along San Joaquin intercity rail line near Hanford in Kings County. Ten million dollars ($10,000,000). The lead applicant is the department.
      (93) Route 180; complete environmental studies to extend Route 180 westward from Mendota to I-5 in Fresno County. Seven million dollars ($7,000,000). The lead applicant is the department or the Council of Fresno County Governments.
      (94) Route 43; widen to four-lane expressway from Kings County line to Route 99 in Selma in Fresno County. Five million dollars ($5,000,000). The lead applicant is the department or the Council of Fresno County Governments.
      (95) Route 41; add auxiliary lane/operational improvements and improve ramps at Friant Road Interchange in Fresno in Fresno County. Ten million dollars ($10,000,000). The lead applicant is the department or the Council of Fresno County Governments.
      (96) Friant Road; widen to four lanes from Copper Avenue to Road 206 in Fresno County. Ten million dollars ($10,000,000). The lead applicant is the County of Fresno.
      (97) Operational improvements on Shaw Avenue, Chestnut Avenue, Willow Avenue, and Barstow Avenue near California State University at Fresno in Fresno County. Ten million dollars ($10,000,000). The lead applicant is the California State University at Fresno. Of the amount authorized under this paragraph, the sum of two million dollars ($2,000,000) shall be transferred to the California State University at Fresno for the purposes of funding preliminary plans, working drawings, or both of those, and related program management costs for the Fresno Events Center.
      (98) Peach Avenue; widen to four-lane arterial and add pedestrian overcrossings for three schools in Fresno County. Ten million dollars ($10,000,000). The lead applicant is the City of Fresno. (99) San Joaquin Corridor; improve track and signals along San Joaquin intercity rail line in seven counties. Fifteen million dollars ($15,000,000). The lead applicant is the department. (100) San Joaquin Valley Emergency Clean Air Attainment Program; incentives for the reduction of emissions from heavy-duty diesel engines operating within the eight-county San Joaquin Valley region. Twenty-five million dollars ($25,000,000). The lead applicant is the San Joaquin Valley Unified Air Pollution Control District.
      (101) Santa Cruz Metropolitan Transit District bus fleet; acquisition of low-emission buses. Three million dollars ($3,000,000). The lead applicant is the Santa Cruz Metropolitan Transit District.
      (102) Route 101 access; State Street smart corridor Advanced Traffic Corridor System (ATSC) technology in Santa Barbara County. One million three hundred thousand dollars ($1,300,000). The lead applicant is the City of Santa Barbara.
      (103) Route 99; improve interchange at Seventh Standard Road, north of Bakersfield in Kern County. Eight million dollars ($8,000,000). The lead applicant is the department or Kern Council of Governments.
      (104) Route 99; build seven miles of new six-lane freeway south of Merced, Buchanan Hollow Road to Healey Road in Merced County. Five million dollars ($5,000,000). The lead applicant is the department or the Merced County Association of Governments.
      (105) Route 99; build two miles of new six-lane freeway, Madera County line to Buchanan Hollow Road in Merced County. Five million dollars ($5,000,000). The lead applicant is the department or the Merced County Association of Governments.
      (106) Campus Parkway; build new arterial in Merced County from Route 99 to Bellevue Road. Twenty-three million dollars ($23,000,000). The lead applicant is the County of Merced.
      (107) Route 205; widen freeway to six lanes, Tracy to I-5 in San Joaquin County. Twenty-five million dollars ($25,000,000). The lead applicant is the department or the San Joaquin Council of Governments.
      (108) Route 5; add northbound lane to freeway through Mossdale “Y”, Route 205 to Route 120 in San Joaquin County. Seven million dollars ($7,000,000). The lead applicant is the department or the San Joaquin Council of Governments.
      (109) Route 132; build four miles of new four-lane expressway in Modesto from Dakota Avenue to Route 99 and improve Route 99 Interchange in Stanislaus County. Twelve million dollars ($12,000,000). The lead applicant is the department or the Stanislaus Council of Governments.
      (110) Route 132; build 3.5 miles of new four-lane expressway from Route 33 to the San Joaquin county line in Stanislaus and San Joaquin Counties. Two million dollars ($2,000,000). The lead applicant is the department or the Stanislaus Council of Governments.
      (111) Route 198; build 10 miles of new four-lane expressway from Route 99 to Hanford in Kings and Tulare Counties. Fourteen million dollars ($14,000,000). The lead applicant is the department or the Kings County Association of Governments.
      (112) Jersey Avenue; widen from 17th Street to 18th Street in Kings County. One million five hundred thousand dollars ($1,500,000). The lead applicant is Kings County.
      (113) Route 46; widen to four lanes for 33 miles from Route 5 to San Luis Obispo County line in Kern County. Thirty million dollars ($30,000,000). The lead applicant is the department or the Kern Council of Governments.
      (114) Route 65; add four passing lanes, intersection improvement, and conduct environmental studies for ultimate widening to four lanes from Route 99 in Bakersfield to Tulare County line in Kern County. Twelve million dollars ($12,000,000). The lead applicant is the department or the Kern Council of Governments.
      (115) South Line Light Rail; extend South Line three miles towards Elk Grove, from Meadowview Road to Calvine Road in Sacramento County. Seventy million dollars ($70,000,000). The lead applicant is the Sacramento Regional Transit District.
      (116) Route 80 Light Rail Corridor; double-track Route 80 light rail line for express service in Sacramento County. Twenty-five million dollars ($25,000,000). The lead applicant is the Sacramento Regional Transit District.
      (117) Folsom Light Rail; extend light rail tracks from 7th Street and K Street to the Amtrak Depot in downtown Sacramento, and extend Folsom light rail from Mather Field Station to downtown Folsom. Add a new vehicle storage and maintenance facility in the area between the Sunrise Boulevard and Hazel Avenue Stations in Sacramento County. Twenty million dollars ($20,000,000). The lead applicant is the Sacramento Regional Transit District.
      (118) Sacramento Emergency Clean Air/Transportation Plan (SECAT); incentive for the reduction of emissions from heavy-duty diesel engines operating within the Sacramento region. Fifty million dollars ($50,000,000). The lead applicant is the Sacramento Area Council of Governments.
      (119) Convert Sacramento Regional Transit bus fleet to low emission and provide Yolo bus service by the Yolo County Transportation District; acquire approximately 50 replacement low-emission buses for service in Sacramento and Yolo Counties. Nineteen million dollars ($19,000,000). The lead applicants are the Sacramento Regional Transit District, the Sacramento Area Council of Governments, and the Yolo Bus Authority.
      (121) Metropolitan Bakersfield System Study; to reduce congestion in the City of Bakersfield. Three hundred fifty thousand dollars ($350,000). The lead applicant is the Kern County Council of Governments.
      (122) Route 65; widening project from 7th Standard Road to Route 190 in Porterville. Three million five hundred thousand dollars ($3,500,000). The lead applicant is the County of Tulare.
      (123) Oceanside Transit Center; parking structure. One million five hundred thousand dollars ($1,500,000). The lead applicant is the City of Oceanside.
      (126) Route 50/Watt Avenue Interchange; widening of overcrossing and modifications to interchange. Seven million dollars ($7,000,000). The lead applicant is the County of Sacramento.
      (127) Route 85/Route 87; interchange completion; addition of two direct connectors for southbound Route 85 to northbound Route 87 and southbound Route 87 to northbound Route 85. Three million five hundred thousand dollars ($3,500,000). The lead applicant is the City of San Jose.
      (128) Airport Road; reconstruction and intersection improvement project. Three million dollars ($3,000,000). The lead applicant is the County of Shasta.
      (129) Route 62; traffic and pedestrian safety and utility undergrounding project in right-of-way of Route 62. Three million two hundred thousand dollars ($3,200,000). The lead applicant is the Town of Yucca Valley.
      (133) Feasibility studies for grade separation projects for Union Pacific Railroad at Elk Grove Boulevard and Bond Road. One hundred fifty thousand dollars ($150,000). The lead applicant is the City of Elk Grove.
      (134) Route 50/Sunrise Boulevard; interchange modifications. Three million dollars ($3,000,000). The lead applicant is the County of Sacramento.
      (135) Route 99/Sheldon Road; interchange project; reconstruction and expansion. Three million dollars ($3,000,000). The lead applicant is the County of Sacramento.
      (138) Cross Valley Rail; upgrade track from Visalia to Huron. Four million dollars ($4,000,000). The lead applicant is the Cross Valley Rail Corridor Joint Powers Authority.
      (139) Balboa Park BART Station; phase I expansion. Six million dollars ($6,000,000). The lead applicant is the San Francisco Bay Area Rapid Transit District.
      (140) City of Goshen; overpass for Route 99. One million five hundred thousand dollars ($1,500,000). The lead applicant is the department.
      (141) Union City; pedestrian bridge over Union Pacific rail lines. Two million dollars ($2,000,000). The lead applicant is the City of Union City.
      (142) West Hollywood; repair, maintenance, and mitigation of Santa Monica Boulevard. Two million dollars ($2,000,000). The lead applicant is the City of West Hollywood.
      (144) Seismic retrofit of the national landmark Golden Gate Bridge. Five million dollars ($5,000,000). The lead applicant is the Golden Gate Bridge, Highway and Transportation District.
      (145) Construction of a new siding in Sun Valley between Sheldon Street and Sunland Boulevard. Six million five hundred thousand dollars ($6,500,000). The lead applicant is the Southern California Regional Rail Authority.
      (146) Construction of Palm Drive Interchange. Ten million dollars ($10,000,000). The lead applicant is the Coachella Valley Association of Governments.
      (148) Route 98; widening of 8 miles between Route 111 and Route 7 from 2 lanes to 4 lanes. Ten million dollars ($10,000,000). The lead applicant is the department.
      (149) Purchase of low-emission buses for express service on Route 17. Three million seven hundred fifty thousand dollars ($3,750,000). The lead applicant is the Santa Cruz Metropolitan Transit District.
      (150) Renovation or rehabilitation of Santa Cruz Metro Center. One million dollars ($1,000,000). The lead applicant is the Santa Cruz Metropolitan Transit District.
      (151) Purchase of 5 alternative fuel buses for the Pasadena Area Rapid Transit System. One million one hundred thousand dollars ($1,100,000). The lead applicant is the Pasadena Area Rapid Transit System.
      (152) Pasadena Blue Line transit-oriented mixed-use development. One million five hundred thousand dollars ($1,500,000). The lead applicant is the City of South Pasadena.
      (153) Pasadena Blue Line utility relocation. Five hundred fifty thousand dollars ($550,000). The lead applicant is the City of South Pasadena.
      (154) Route 134/I-5 Interchange study. One hundred thousand dollars ($100,000). The lead applicant is the department.
      (156) Seismic retrofit and core segment improvements for the Bay Area Rapid Transit system. Twenty million dollars ($20,000,000). The lead applicant is the San Francisco Bay Area Rapid Transit District.
      (157) Route 12; Congestion relief improvements from Route 29 to I-80 through Jamison Canyon. Seven million dollars ($7,000,000). The lead applicant is the department. (158) Remodel the intersection of Olympic Boulevard, Mateo Street, and Porter Street and install a new traffic signal. Two million dollars ($2,000,000). The lead applicant is the City of Los Angeles.
      (159) Route 101; redesign and construction of Steele Lane Interchange. Six million dollars ($6,000,000). The lead applicant is the department or the Sonoma County Transportation Authority.
     (160) The extension of CalTrain from its present northern terminal to the Transbay Terminal in San Francisco, and the reconstruction and modernization of the Transbay Terminal in San Francisco. The lead applicant is the Transbay Joint Powers Authority.
      (161) Blue Line to Claremont; extend rail line Pasadena to Claremont in Los Angeles County. The lead applicant is the Pasadena Metro Blue Line Construction Authority.
      (b) As used in this section “route” is a state highway route as identified in Article 3 (commencing with Section 300) of Chapter 2 of Division 1 of the Streets and Highways Code.
      SEC. 6. Section 164.56 of the Streets and Highways Code is amended to read:
      164.56. (a) It is the intent of the Legislature to allocate ten twenty million dollars ($10,000,000) ($20,000,000) annually to the Environmental Enhancement and Mitigation Program Fund, which is hereby created.
      (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) Projects eligible for funding include, but are not limited to, all of the following:
      (1) Highway landscaping and urban forestry projects designed to offset vehicular emissions of carbon dioxide.
      (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 facilities.
      (3) Roadside recreational opportunities, including roadside rests, trails, trailheads, and parks.
      (4) 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 facility.
      (d) Grant proposals shall be submitted to the Resources Agency for evaluation in accordance with procedures and criteria prescribed adopted 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) 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) 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.
      (g) Notwithstanding Section 7550.5 of the Government Code, on or before December 31 of each year, the commission shall provide the Assembly Committee on Budget and the Senate Committee on Budget and Fiscal Review with a list of projects funded from the Environmental Enhancement and Mitigation Program during the previous fiscal year and a copy of the most recent criteria for allocating grants pursuant to this section.
      SEC. 7. Section 164.57 is added to the Streets and Highways Code, to read:
      164.57. (a) The Transportation Impacts Mitigation Trust Fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, all money in the trust fund is continuously appropriated to the Resources Agency, without regard to fiscal years, for expenditure by the Secretary of the Resources Agency in accordance with this section and paragraph (6) of subdivision (b) of Section 7105 of the Revenue and Taxation Code.
      (b)(1) Local and state agencies, public agencies, and nonprofit organizations may apply for grants from the Resources Agency to undertake environmental enhancement and mitigation projects that are directly or indirectly related to the environmental impact of existing transportation facilities; the design, construction, or expansion of new transportation facilities; or the modification of existing transportation facilities.
      (2) As used in this section, “nonprofit organization” means any nonprofit public benefit corporation formed pursuant to the Nonprofit Corporation Law (Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code), qualified to do business in California, and qualified under Section 501(c)(3) of the United States Internal Revenue Code, and which has among its primary purposes the creation and improvement of urban parks, or the preservation, protection, or enhancement of land or water resources in their natural, scenic, historical, agricultural, forested, or open-space condition or use.
      (c) Projects eligible for funding include, but are not limited to, all of the following:
      (1) Highway landscaping and urban forestry projects, as authorized by the California Urban Forestry Act of 1978 (Chapter 2 (commencing with Section 4799.06) of Part 2.5 of Division 4 of the Public Resources Code) designed to offset vehicular emissions of carbon dioxide.
      (2) Acquisition or enhancement of resource lands to mitigate the loss of, or the detriment to, resource lands lying within or near the right-of-way acquired for proposed transportation facilities.
      (3) Roadside recreational opportunities, including roadside rests, trails (including bicycle trails), trailheads, and parks.
      (4) Projects to mitigate, or which contribute to the mitigation of, the direct or indirect impacts of proposed transportation facilities or to enhance the environment, where the ability to effectuate the mitigation or enhancement measures is beyond the authority of the lead agency responsible for assessing the environmental impact of the proposed transportation facility.
      (5) Acquisition or enhancement of wildlife corridors and habitat linkages to mitigate the habitat fragmentation impacts of the expansion of transportation facilities.
      (6) Projects to protect wildlife, recreational, or open-space resources from the cumulative impacts of the expansion of transportation facilities.
      (7) Acquisition and development of river parkway projects along any river that is crossed by a public street or highway, and any river parkway project with a bikeway or other recreational trail that provides public access to a river. Not less than ten percent (10%) of the money in the trust fund shall be expended for river parkway projects pursuant to this paragraph. Specific projects meeting the specifications of this paragraph that are authorized by paragraph (6) of subdivision (b) of Section 7105 of the Revenue and Taxation Code shall be counted toward this requirement.
      (8) Acquisition and development of any urban park in an urbanized area affected by population growth or daily commuter traffic resulting from a transportation facility.
      (9) Acquisition and protection of agricultural lands, grazing lands, or other open-space lands constituting the viewshed of a public street or highway. (d) Grant proposals shall be submitted to the Resources Agency quarterly for evaluation in accordance with procedures and criteria adopted by the Resources Agency. These procedures and criteria shall not be subject to the review or approval of the Office of Administrative Law or subject to any other requirement of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (e) Sixty percent (60%) of the money in the trust fund shall be expended in County Group 2 and forty percent (40%) shall be expended in County Group 1. This calculation shall be made after expenditures from the trust fund for projects listed in paragraph (6) of subdivision (b) of Section 7105 of the Revenue and Taxation Code are made.
      (f) In order to provide visual amenities for users of roads and highways, buffers between transportation and other land uses, weed abatement, repression of noxious non-native plants, prevention of fires which can cause road closures and safety hazards, and to prevent dumping on unused land which can result in hazardous material being blown on to the roadways, the Resources Agency shall allocate funds to the Department of Food and Agriculture pursuant to subparagraph (A) of paragraph (6) of subdivision (b) of Section 7105 of the Revenue and Taxation Code to make grants to local public agencies or nonprofit organizations in San Bernardino, Riverside, Orange, and San Diego Counties for the acquisition of agricultural easements or other interests in land within one-quarter mile of state or interstate highways and locally designated significant roads in or near urban or urbanizing areas for the purpose of maintaining land adjacent and nearby roads and highways in agricultural use. These grants may also be used to provide infrastructure necessary to allow these lands to be used for agricultural purposes and for land rents to make agriculture along roads and highways economically viable. Infrastructure may include providing water facilities and purchasing water, with first preference to reclaimed water, facilities for the collection of water runoff and tailwater, pollution control facilities; electricity including solar photovoltaic generation; roadside stands to sell locally grown produce; and informational displays to interpret agriculture for motorists. The Department of Food and Agriculture shall work with applicants to develop this program in a way that makes it possible for small farmers to participate in the program. For purposes of this subdivision, in addition to the definition in subdivision (b) of Section 51201 of the Government Code, “agricultural use” includes the cultivation of native or ornamental plants, nursery activities, and the raising, keeping, and use of animals.
      (g) The Department of Transportation shall allow the use of its lands for agricultural purposes unless prevented from doing so due to safety or environmental considerations, or if the lands are expected to be needed for transportation purposes within five years.
      (h) Money in the trust fund may be expended in compliance with the requirements of a habitat conservation plan, natural community conservation plan, multiple species conservation plan, or any similar plan if the other requirements of this section are met.
      (i) Money appropriated, expended, or transferred pursuant to this section shall not be deemed to be a transfer of funds for the purposes of Chapter 9 (commencing with Section 2780) of Division 3 of the Fish and Game Code.
      (j) At least twenty percent (20%) of the money from the trust fund shall be expended within the counties that are members of the Metropolitan Transportation Commission. This calculation shall be made after expenditures from the trust fund for projects listed in paragraph (6) of subdivision (b) of Section 7105 of the Revenue and Taxation Code are made.
      (k) Notwithstanding Section 13340 of the Government Code or any other provision of this section, twenty-five percent (25%) of the money from the trust fund is continuously appropriated to, and shall be available each year to the State Coastal Conservancy for expenditure for the purposes of subdivision (c). This calculation shall include expenditures from the trust fund made pursuant to paragraph (6) of subdivision (b) of Section 7105 of the Revenue and Taxation Code. This allocation is made to reduce the many effects of transportation facilities such as State Routes 1, 101, and other roads that impact the resources of the coastal zone.
      (l) If the Secretary for Resources approves a project for funding under subdivision (b) that was submitted by an agency within the Resources Agency for implementation either directly or through a grant to a public agency or nonprofit organization, then the provisions of this subdivision shall apply. In such cases, the Secretary may notify the Controller of the amount of funds to be allocated to the agency from funds deposited in the Transportation Impacts Mitigation Trust Fund in that fiscal year, and the Controller shall disburse that amount of money to the agency in same manner as if the money were appropriated to that agency by this section.
      SEC. 8. Section 164.58 is added to the Streets and Highways Code, to read:
      164.58. (a) The Transportation Water Quality Account is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, all money in the account is continuously appropriated, without regard to fiscal years, for expenditure in accordance with this section. The account shall be allocated by the State Water Resources Control Board solely for funding capital outlay projects and grants that prevent, reduce, remediate, or mitigate the adverse environmental impacts of motor vehicles and facilities used by motor vehicles on the quality of California’s waters and riparian habitats, through the acquisition, protection, restoration, and enhancement of streams, creeks, marshlands, diked lands, ponds, submerged and tidal lands, wetlands, and watersheds, subject to the following criteria and priorities:
      (1) The account may be used only for projects and grants that are consistent with the adopted plans of the applicable regional water quality control board, applicable watershed management programs, or other adopted plans that identify goals, objectives, and implementation strategies for achieving compliance with this chapter and related statutes, including, but not limited to, Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code, Article 4 (commencing with Section 13160) of Chapter 3 of, and Chapter 5.6 (commencing with Section 13390) of, Division 7 of the Water Code, and Division 2 (commencing with Section 2001) of the Public Resources Code.
      (2) The account may not be used to support projects or activities that are required as part of any permit, license, or entitlement, other than a permit or license that is required of a project whose purpose is to implement the purposes of this section.
      (3) Priority shall be given to those projects and grants that most effectively accomplish the purposes of this section through the long-term protection, restoration, and enhancement of the natural environment.
      (4) Projects and grants that are eligible for funding include, but are not limited to, all of the following:
      (A) Nonpoint source pollution treatment and pollution reduction projects such as constructed, restored, and enhanced wetlands, marshlands, diked lands, ponds, streams, creeks, vegetated channels, and watersheds.
      (B) Hydrologic modifications to improve natural stream functions such as removal of channel barriers and restoration of floodplain and low-flow channels, and to control erosion by restoring abandoned roads to more natural conditions, correcting design deficiencies of existing roads and culverts, and stabilizing stream banks.
      (C) Acquisition of riparian buffers, wetlands, and watershed lands to protect, restore, and enhance the functioning of riparian and associated habitats and to protect, restore, and enhance the movement of fish and wildlife within and between those habitats.
      (D) Acquisition of land and conservation easements to protect or facilitate the restoration of watersheds and habitats impacted by motor vehicles and motor vehicle facilities.
      (E) Not more than ten percent (10%) of the money in the account may be expended by the board for research and education to improve scientific and public understanding of the impacts of motor vehicles, facilities used by motor vehicles, and related infrastructure on water quality, habitats, and the movement of fish and wildlife within and between those habitats, as well as the most effective projects and management practices for preventing, reducing, remediating, or mitigating those impacts.
      (b) Sixty percent (60%) of the money in Transportation Water Quality Account shall be expended in County Group 2 and forty percent (40%) shall be expended in County Group 1. At least one-third of the money expended in County Group 2 shall be allocated to the Santa Ana Water Project Authority by the board for expenditure in the watershed of the Santa Ana River.
      (c) Notwithstanding the requirements of subdivisions (a) and (b), the first priority for expenditure of money from the account shall be for the following:
      (1) To the County of Orange, five hundred thousand dollars ($500,000) per year for maintenance and repair of water quality facilities within the Upper Newport Bay Ecological Reserve. This work will help mitigate the impact of pollutants generated from state and local transportation facilities within the Upper Newport Bay watershed.
      (2) To the Irvine Ranch Water District, five hundred thousand dollars ($500,000) per year for maintenance and repair of water quality facilities within the San Diego Creek watershed. This work will help mitigate the impact of pollutants generated from state and local transportation facilities within the San Diego Creek watershed.
      (3) To the State Coastal Conservancy, five hundred thousand dollars ($500,000) for the 2003–2004 fiscal year, for a grant to a nonprofit organization one of whose principal purposes is protection of coastal water quality, for acquisition of equipment to monitor and analyze coastal waters for pollutants that originate from runoff from roads in coastal watersheds.
       SEC. 9. Section 164.59 is added to the Streets and Highways Code, to read:
      164.59. (a) Notwithstanding any other provision of this code or the Water Code, if the use of recycled water meets the requirements of the State Department of Health Services, the Department of Transportation and its contractors shall use recycled wastewater for all irrigation purposes unless the local water agency, water district, city, city and county, or other agency supplying recycled wastewater is unable or unwilling to supply recycled wastewater to the Department of Transportation.
      (b) In order to comply with the requirements of Section 42241 of the Public Resources Code, subdivision (c) of Section 12205 of the Public Contract Code, and the procurement requirements of the federal Resource Conservation and Recovery Act (P.L. 95-580) as set forth in 42 U.S.C. Sec. 6962, at least fifty percent (50%) of all compost, co-compost, and mulch products purchased by the department and its contractors shall be recycled products derived from organic materials. In making the determination whether to purchase recycled compost, co-compost, and mulch products, the department and its contractors shall make a maximum effort to use these products. The California Transportation Commission may reverse the decision of the department not to purchase recycled compost, co-compost, and mulch products on any highway segment.
      SEC. 10. Section 894.5 is added to the Streets and Highways Code, to read:
      894.5. (a)(1) Five percent (5%) of the funds in the Bicycle Efficiency Account in the Traffic Congestion Relief and Safe School Bus Trust Fund, created by paragraph (9) of subdivision (b) of Section 7105 of the Revenue and Taxation Code, shall be allocated by the Controller to the State Department of Health Services, to be used for bicycle education, safety, and promotion programs, in partnership with the University of California through the Physical Activity and Health Initiative, or any successor to that program.
      (2) Ninety-five percent (95%) of the money in the Bicycle Efficiency Account shall be allocated by the Controller on a per capita basis to the regional transportation planning agencies for bicycle projects that primarily benefit bicycle commuters or students traveling to K–12 schools, colleges, or universities, rather than recreational users; and on the basis of whether the project increases the efficiency or safety of bicycle travel.
      (3) Regional transportation planning agencies may expend this money for the following purposes:
      (A) Striping or restriping highway lanes or widening outside lanes to better accommodate bicycles; or building highway bicycle lanes. Highest priority shall be given to projects on arterial streets.
      (B) Converting streets from one way to two way to better accommodate bicyclists.
      (C) Signage and stenciling to indicate the right of bicyclists to use the roadway.
      (D) Bicycle parking devices; racks, carriages and other means of storing bicycles on buses, trains or ferries; facilities to improve bicycle parking, bicycle rental availability, or bicycle repair services at or near transit stops; and other facilities such as showers, changing rooms, and bicycle storage facilities at places of employment, schools, or other destinations for commuter cyclists.
      (E) Marking, adjusting, or replacing traffic signal actuation devices, such as inductive loops, to improve detection of bicycles.
      (F) Implementation of training programs and instructional materials intended to teach bicyclists how to operate their bicycles as vehicles on public roadways and to inform the general public about the needs, rights, and responsibilities of bicyclists.
      (G) Other projects intended to directly benefit bicycle commuters or students using public highways.
      (4) Regional transportation planning agencies may spend up to twenty percent (20%) of the money received pursuant to paragraph (2) on the planning, design, maintenance, right-of-way acquisition or construction of paved multi-use paths meeting the standards for Class I bikeway if the bikeways are primarily used to reduce trips that would be otherwise taken in motor vehicles. A bikeway funded wholly or in part under paragraph (2) is not a trail for the purposes of Section 831.4 of the Government Code.
      (b)(1) Money in the Pedestrian Account in the Traffic Congestion Relief and Safe School Bus Trust Fund, created by paragraph (10) of subdivision (b) of Section 7105 of the Revenue and Taxation Code, shall be allocated by the Controller on a per capita basis to the regional transportation planning agencies for sidewalk and rural walkway projects that primarily benefit pedestrians.
      (2) A sidewalk project shall be eligible for funding only if it is in an urbanized area, with the highest priority given to projects that complete gaps in existing sidewalks with significant pedestrian traffic. Repair of an existing sidewalk is not eligible for funding pursuant to this subdivision.
      (3) A rural walkway project shall be eligible for funding only if it is along a road that is heavily used by pedestrians or bicycling children on a suggested route to school, or if the project is in support of public transit use and is within one-third mile of a transit stop in a rural area.
      (4) High priority for funding for pedestrian projects shall be given to projects that are eligible for the “Safe Routes to School” construction program established under Section 2333.5.
      (c) If a regional transportation planning agency does not encumber money received for bicycle or pedestrian projects pursuant to this section within seven years, the money shall be returned to the account from which it came, and shall be redistributed in accordance with this section.
      (d) No money from the account may be used on any project that increases the motor vehicle capacity of a highway, street, or road.
      SEC. 11. Section 2106 of the Streets and Highways Code is amended to read:
      2106. (a) A sum equal to the net revenue derived from one and four one-hundredths cent ($0.0104) per gallon tax under the Motor Vehicle Fuel License Tax Law (Part 2 (commencing with Section 7301) of Division 2 of the Revenue and Taxation Code) shall be apportioned monthly from the Highway Users Tax Account in the Transportation Tax Fund among the counties and cities as follows:
      (a)(1) Four hundred dollars ($400) per month shall be apportioned to each city and city and county and eight hundred dollars ($800) per month shall be apportioned to each county and city and county.
      (b)(1)(2) Commencing on July 31, 2001, and on the last day of each month after that date, to and including June 30, 2006, the sum of not less than six hundred thousand dollars ($600,000) per month shall be transferred to the Bicycle Transportation Account in the State Transportation Fund.
      (2) After June 30, 2006, the sum of four hundred sixteen thousand six hundred sixty-seven dollars ($416,667) shall be transferred on the last day of each month after that date to the Bicycle Transportation Account in the State Transportation Fund.
      (c)(3) The balance shall be apportioned, as follows:
      (1)(A) A base sum shall be computed for each county by using the same proportions of fee-paid and exempt vehicles as are established for purposes of apportionment of funds under subdivision (d) of Section 2104.
      (2)(B) For each county, the percentage of the total assessed valuation of tangible property subject to local tax levies within the county which is represented by the assessed valuation of tangible property outside the incorporated cities of the county shall be applied to its base sum, and the resulting amount shall be apportioned to the county. The assessed valuation of taxable tangible property, for purposes of this computation, shall be that most recently used for countywide tax levies as reported to the Controller by the State Board of Equalization. If an incorporation or annexation is legally completed following the base sum computation, the new city’s assessed valuation shall be deducted from the county’s assessed valuation, the estimate of which may be provided by the State Board of Equalization.
      (3)(C) The difference between the base sum for each county and the amount apportioned to the county shall be apportioned to the cities of that county in the proportion that the population of each city bears to the total population of all the cities in the county. Populations used for determining apportionment of money under Section 2107 are to be used for purposes of this section.
      (b) The Legislature may amend this section, but any statute that attempts, or has the effect of, reducing, in whole or part, the amount of money required to be allocated to the Bicycle Transportation Account pursuant to paragraph (2) of subdivision (a) shall be void and without force or effect.
      SEC. 12. Section 2331 of the Streets and Highways Code, as amended by Section 1 of Chapter 600 of the Statutes of 2001, is repealed.
      2331. (a) The Highway Safety Act of 1973 (Title II of P.L. 93-87, 87 Stat. 250) has authorized appropriations for a number of programs relating to projects for the improvement of highway safety and the reduction of traffic congestion. These programs consist of the rail-highway crossings program (Section 203 of the Highway Safety Act of 1973), the pavement marking demonstration program (23 U.S.C. Sec. 151): projects for highhazard locations, including, but not limited to, projects for bicycle and pedestrian safety and traffic calming measures in those locations (23 U.S.C. Sec. 152); program for the elimination of roadside obstacles (23 U.S.C. Sec. 153); and the federal-aid safer roads demonstration program (23 U.S.C. Sec. 405). The purpose of this chapter is to implement these programs in this state. The commission, the department, boards of supervisors, and city councils are authorized to do all things necessary in their respective jurisdictions to secure and expend federal funds in accordance with the intent of the federal act and of this chapter. (b) This section shall remain in effect only until January 1, 2005, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2005, deletes or extends that date.
      SEC. 13. Section 2331 of the Streets and Highways Code, as added by Section 3 of Chapter 600 of the Statutes of 2001, is repealed.
      2331. (a) The Highway Safety Act of 1973 (Title II of P.L. 93-87, 87 Stat. 250) has authorized appropriations for a number of programs relating to projects for the improvement of highway safety and the reduction of traffic congestion. These programs consist of the rail-highway crossings program (Section 203 of the Highway Safety Act of 1973), the pavement marking demonstration program (23 U.S.C. Sec. 151), projects for highhazard locations (23 U.S.C. Sec. 152); program for the elimination of roadside obstacles (23 U.S.C. Sec. 153); and the federal-aid safer roads demonstration program (23 U.S.C. Sec. 405). The purpose of this chapter is to implement these programs in this state. The commission, the department, boards of supervisors, and city councils are authorized to do all things necessary in their respective jurisdictions to secure and expend such federal funds in accordance with the intent of the federal act and of this chapter.
      (b) This section shall become operative on January 1, 2005.
      SEC. 14. Section 2331 is added to the Streets and Highways Code, to read:
      2331. The Highway Safety Act of 1973 (Title II of P., L. 93-87, 87 Stat. 250) has authorized appropriations for a number of programs relating to projects for the improvement of highway s, afety and the reduction of traffic congestion. These programs consist of the rail-highwa, y c, rossings pr, ogram (Section 203 of the Highway Safety Act of 1973), the pavement marking demonstration program (23 U.S.C. Sec. 151); projects for high-hazard locations, including, but not limited to, projects for bicycle and pedestrian safety and traffic calming measures in those locations (23 U.S.C. Sec. 152); program for the elimination of roadside obstacles (23 U.S.C. Sec. 153); and the federalaid safer roads demonstration program (23 U.S.C. Sec. 405). The purpose of this chapter is to implement these programs in this state. The commission, the department, boards of supervisors, and city councils are authorized to do all things necessary in their respective jurisdictions to secure and expend federal funds in accordance with the intent of the federal act and of this chapter.
      SEC. 15. Section 2333 of the Streets and Highways Code, as amended by Section 4 of Chapter 600 of the Statutes of 2001, is repealed.
      2333. (a) In each annual proposed budget prepared pursuant to Section 165, there shall be included an amount equal to the estimated apportionment available from the federal government for the programs described in Sections 2331 and 2333.5. The commission may allocate a portion of those funds each year for use on city streets and county roads. For projects authorized under Section 2333.5 and receiving funding under this section, the department may substitute State Highway Account funds in accordance with the department’s policy for state funding in place at the time of the project fund allocation, if those federal funds are directed to projects on state highways that are eligible for funding under Section 152 of Title 23 of the United States Code. It is the intent of the Legislature that the commission allocate the total amount received from the federal government for all of the programs described in Sections 2331 and 2333.5 in a manner that, over a period of five years, makes not less than one million dollars ($1,000,000) of those funds available for use pursuant to Section 2333.5 and the remaining funds available for use in approximately equal amounts on state highways, local roads, and the program established under Section 2333.5. In addition, it is the intent of the Legislature that the commission shall apportion for use, in financing the railroad grade separation program described in Section 190, a substantial portion of the funds received pursuant to the federal rail-highway crossings program. Notwithstanding any other provision of law, the share of any railroad of the cost of maintaining railroad crossing protection facilities funded, in whole or in part, by funds described in Section 2331 shall be the same share it would be if no federal funds were involved and the crossing protection facilities were funded pursuant to an order of the Public Utilities Commission pursuant to Section 1202 of th, e Public Utilities Code; and in case of dispute, the Public Utilities Commission shall determine that share pursuant to this section.
      (b) This section shall remain in effect only until January 1, 2005, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2005, deletes or extends that date.
      SEC. 16. Section 2333 of the Streets and Highways Code, as added by Section 6 of Chapter 600 of the Statutes of 2001, is repealed.
      2333. (a) In each annual proposed budget prepared pursuant to Section 165, there shall be included an amount equal to the estimated apportionment available from the federal government for the programs described in Section 2331. The commission may allocate a portion of such funds each year for use on city streets and county roads. It is the intent of the Legislature that the commission allocate the total amount received from the federal government for all of the programs described in Section 2331 in such a manner that, over a period of five years, such funds are made available for use in approximately equal amounts on state highways and on local roads. In addition, it is the intent of the Legislature that the commission shall apportion for use, in financing the railroad grade separation program described in Section 190, a substantial portion of the funds received pursuant to the federal rail-highway crossings program. Notwithstanding any other provision of law, the share of any railroad of the cost of maintaining railroad crossing protection facilities funded, in whole or in part, by funds described in Section 2331 shall be the same share it would be if no federal funds were involved and the crossing protection facilities were funded pursuant to an order of the Public Utilities Commission pursuant to Section 1202 of the Public Utilities Code, and in case of dispute, the Public Utilities Commission shall determine such share pursuant to this section.
      (b) This section shall become operative on January 1, 2005.
      SEC. 17. Section 2333 is added to the Streets and Highways Code, to read:
      2333. In each annual proposed budget prepared pursuant to Section 165, there shall be included an amount equal to the estimated apportionment available from the federal government for the programs described in Sections 2331 and 2333.5. The commission may allocate a portion of those funds each year for use on city streets and county roads. The commission shall allocate the total amount received from the federal government for all of the programs described in Sections 2331 and 2333.5 in a manner that, over a period of five years, makes not less than one million dollars ($1,000,000) of those funds available for use pursuant to Section 2333.5 and the remaining funds available for use in approximately equal amounts on state highways, local roads, and the program established under Section 2333.5. In addition, the commission shall apportion for use, in financing the railroad grade separation program described in Section 190, a substantial portion of the funds received pursuant to the federal rail-highway crossings program. Notwithstanding any other provision of law, the share of any railroad of the cost of maintaining railroad crossing protection facilities funded, in whole or in part, by funds described in Section 2331 shall be the same share it would be if no federal funds were involved and the crossing protection facilities were funded pursuant to an order of the Public Utilities Commission pursuant to Section 1202 of the Public Utilities Code; and in case of dispute, the Public Utilities Commission shall determine that share pursuant to this section.
      SEC. 18. Section 2333.5 of the Streets and Highways Code, as amended by Section 7 of Chapter 600 of the Statutes of 2001, is repealed.
      2333.5. (a) The department, in consultation with the Department of the California Highway Patrol, shall establish and administer a “Safe Routes to School” construction program pursuant to the authority granted under Section 152 of Title 23 of the United States Code and shall use federal transportation funds for construction of bicycle and pedestrian safety and traffic calming projects.
      (b) The department shall make grants available to local governmental agencies under the program based on the results of a statewide competition that requires submission of proposals for funding and rates those proposals on all of the following factors:
      (1) Demonstrated needs of the applicant.
      (2) Potential of the proposal for reducing child injuries and fatalities.
      (3) Potential of the proposal for encouraging increased walking and bicycling among students.
      (4) Identification of safety hazards.
      (5) Identification of current and potential walking and bicycling routes to school.
      (6) Consultation and support for projects by school-based associations, local traffic engineers, local elected officials, law enforcement agencies, and school officials.
      (c) With respect to the use of funds provided in subdivision (a), prior to the award of any construction grant or the department’s use of those funds for a “Safe Routes to School” construction project encompassing a freeway, state highway or county road, the department shall consult with, and obtain approval from, the Department of the California Highway Patrol, ensuring that the “Safe Routes to School” proposal compliments the California Highway Patrol’s Pedestrian Corridor Safety Program and is consistent with its statewide pedestrian safety statistical analysis.
      (d)(1) The department shall study the effectiveness of the program established under this section with particular emphasis on the program’s effectiveness in reducing traffic accidents and its contribution to improving safety and reducing the number of child injuries and fatalities in the vicinity of the project.
      (2) The department shall submit a report to the Legislature on or before December 31, 2003, regarding the results of the study described in paragraph (1).
      (3) On March 30, 2002, and each March 30th thereafter, the department shall submit an annual report to the Legislature listing and describing those projects funded under this section.
      (e) This section shall remain in effect only until January 1, 2005, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2005, deletes or extends that date.
      SEC. 19. Section 2333.5 is added to the Streets and Highways Code, to read:
      2333.5. (a) The department, in consultation with the Department of the California Highway Patrol, shall establish and administer a “Safe Routes to School” construction program pursuant to the authority granted under Section 152 of Title 23 of the United States Code and shall use federal transportation funds for construction of bicycle and pedestrian safety and traffic calming projects.
      (b) The department shall make grants available to local governmental agencies under the program based on the results of a statewide competition that requires submission of proposals for funding and rates those proposals on all of the following factors:
      (1) Demonstrated needs of the applicant.
      (2) Potential of the proposal for reducing child injuries and fatalities.
      (3) Potential of the proposal for encouraging increased walking and bicycling among students.
      (4) Identification of safety hazards.
      (5) Identification of current and potential walking and bicycling routes to school.
      (6) Consultation and support for projects by school-based associations, local traffic engineers, local elected officials, law enforcement agencies, and school officials.
      (c) With respect to the use of funds provided in subdivision (a), prior to the award of any construction grant or the department’s use of those funds for a “Safe Routes to School” construction project encompassing a freeway, state highway, or county road, the department shall consult with, and obtain approval from, the Department of the California Highway Patrol, ensuring that the “Safe Routes to School” proposal complements the California Highway Patrol’s Pedestrian Corridor Safety Program and is consistent with its statewide pedestrian safety statistical analysis.
      (d)(1) The department shall study the effectiveness of the program established under this section with particular emphasis on the program’s effectiveness in reducing traffic accidents and its contribution to improving safety and reducing the number of child injuries and fatalities in the vicinity of the project.
      (2) The department shall submit a report to the Legislature on or before December 31, 2004, regarding the results of the study described in paragraph (1).
      (3) On March 31, 2003, and each March 31 thereafter, the department shall submit an annual report to the Legislature listing and describing those projects funded under this section.
      SEC. 20. Chapter 7 (commencing with Section 99571) is added to Part 11 of Division 10 of the Public Utilities Code, to read:

CHAPTER 7. THE PASSENGER RAIL IMPROVEMENT,
SAFETY, AND MODERNIZATION PROGRAM

      99571. There is hereby created the Passenger Rail Improvement, Safety, and Modernization Program.
      99572. For purposes of this chapter, “program” is the Passenger Rail Improvement, Safety, and Modernization Program established under this chapter.
      99573. The Passenger Rail Improvement, Safety, and Modernization Subaccount is hereby created in the Public Transportation Account in the State Transportation Fund.
      99576. Funds transferred to the Passenger Rail Improvement, Safety, and Modernization Subaccount shall be allocated by the Controller to eligible recipients, as follows:
      (a) To eligible recipients except for a national rail passenger service provider, based upon the following:
      (1) One-third of the route miles utilized by the eligible recipient.
      (2) One-third of the annual vehicle miles.
      (3) One-third of the annual passenger trips.
      (b) To a national rail passenger service provider, based upon the following:
      (1) One-third of the route miles utilized by state-supported intercity rail.
      (2) One-third of the annual vehicle miles.
      (3) One-third of the annual passenger trips.
      (c) For the purposes of this section, the following terms have the following meanings:
      (1) “Track miles” means the miles of track used by a public agency or joint powers authority for regular passenger rail service.
      (2) “Vehicle miles” means the total miles traveled, commencing with pullout from the maintenance depot, by all locomotives and cars operated in a train consist for passenger rail service by a public agency or joint powers authority.
      (3) “Passenger trips” means the annual unlinked passenger boardings reported by a public agency or joint powers authority for regular passenger rail service.
      (4) “Route miles” means the total miles a train travels between the first and last station of each passenger rail line operated by a public agency or joint powers authority.
      99577.  (a) Eligible recipients for funding under this chapter shall be public agencies and joint power authorities that operate regularly scheduled passenger rail service in the following categories:
      (1) Cable car.
      (2) Commuter rail.
      (3) Light rail.
      (4) Heavy rail.
      (5) The Department of Transportation, for state-supported intercity rail.
      (b) In addition to subdivision (a), eligible recipients of funding under this chapter shall be the Department of Transportation, for intercity rail services, and other passenger rail operators that provide regularly scheduled service and use public funds to operate and maintain rail facilities, rights-of-way, and equipment. 99578. (a) Funds allocated pursuant to the program shall be used for the rehabilitation or modernization of tracks utilized for public passenger rail transit, signals, structures, facilities, and rolling stock. (b) Eligible recipients may use the funds for any eligible rail element set forth in subdivision (a).
      (c) Funds allocated pursuant to this chapter to the Southern California Regional Rail Authority for eligible projects within its service area shall be apportioned each fiscal year in accordance with memorandums of understanding to be executed between the Southern California Regional Rail Authority and its member agencies. The memorandum or memorandums of understanding shall take into account the rail rehabilitation needs of the Southern California Regional Rail Authority and of the member agencies, revenue attributable to member agencies, and separate contributions to the Southern California Regional Rail Authority from the member agencies.
      (d) Any funds allocated pursuant to this chapter not contractually obligated to a project within three years from the date of allocation shall be returned to the Passenger Rail Improvement, Safety, and Modernization Subaccount for reallocation in the following fiscal year.
      99579. (a) In order to be eligible for funding under this chapter, an eligible recipient shall provide matching funds in an amount not less than the total amount allocated to the recipient from the Passenger Rail Improvement, Safety, and Modernization Subaccount.
      (b) An eligible recipient of funding shall certify that it has met its matching funds requirement, and all other requirements of this chapter, by resolution of its governing board.
      99580. (a) Funds made available under this chapter shall supplement existing local, state, or federal revenues being used for maintenance and rehabilitation of the passenger rail system. Eligible recipients of funding shall maintain their existing commitment of local, state, or federal funds for maintenance and rehabilitation of the passenger rail system in order to remain eligible for allocation and expenditure of the additional funding made available by this chapter.
      (b) In order to receive any allocation under this chapter, an eligible recipient shall annually expend from existing local, state, or federal revenues being used for maintenance and rehabilitation of the passenger rail system an amount not less than the annual average of its expenditures from local revenues for those purposes during the 1997–98, 1998–99, and 1999–2000 fiscal years, and as increased by the Consumer Price Index.
      SEC. 21. Section 41202 of the Education Code is amended to read: 41202. The words and phrases set forth in subdivision (b) of Section 8 of Article XVI of the Constitution of the State of California shall have the following meanings:
      (a) “Moneys to be applied by the State,” as used in subdivision (b) of Section 8 of Article XVI of the California Constitution, means appropriations from the General Fund that are made for allocation to school districts, as defined, or community college districts. An appropriation that is withheld, impounded, or made without provisions for its allocation to school districts or community college districts, shall not be considered to be “moneys to be applied by the State.”
      (b)(1) “General Fund revenues which may be appropriated pursuant to Article XIII B,” as used in paragraph (1) of subdivision (b) of Section 8 of Article XVI, means General Fund revenues that are the proceeds of taxes as defined by subdivision (c) of Section 8 of Article XIII B of the California Constitution, including, for the 1986–87 fiscal year only, any revenues that are determined to be in excess of the appropriations limit established pursuant to Article XIII B for the fiscal year in which they are received. General Fund revenues for a fiscal year to which paragraph (1) of subdivision (b) is being applied shall include, in that computation, only General Fund revenues for that fiscal year that are the proceeds of taxes, as defined in subdivision (c) of Section 8 of Article XIII B of the California Constitution, and shall not include prior fiscal year revenues. Commencing with the 1995–96 fiscal year, and each fiscal year thereafter, “General Fund revenues that are the proceeds of taxes,” as defined in subdivision (c) of Section 8 of Article XIII B of the California Constitution, includes any portion of the proceeds of taxes received from the state sales tax that are transferred to the counties pursuant to, and only if, legislation is enacted during the 1995–96 fiscal year the purpose of which is to realign children’s programs. The amount of the proceeds of taxes shall be computed for any fiscal year in a manner consistent with the manner in which the amount of the proceeds of taxes was computed by the Department of Finance for purposes of the Governor’s Budget for the Budget Act of 1986.
      (2) Pursuant to Section 8 of Article XVI of the California Constitution, funds in the Traffic Congestion Relief and Safe School Bus Trust Fund in the State Treasury, established under Section 7105 of the Revenue and Taxation Code, shall be added to General Fund revenues otherwise considered in making the calculations required under Section 8 of Article XVI.
      (c) “General Fund revenues appropriated for school districts,” as used in paragraph (1) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means the sum of appropriations made that are for allocation to school districts, as defined in Section 41302.5, regardless of whether those appropriations were made from the General Fund to the Superintendent of Public Instruction, to the Controller, or to any other fund or state agency for the purpose of allocation to school districts. The full amount of any appropriation shall be included in the calculation of the percentage required by paragraph (1) of subdivision (b) of Section 8 of Article XVI, without regard to any unexpended balance of any appropriation. Any reappropriation of funds appropriated in any prior year shall not be included in the sum of appropriations.
      (d) “General Fund revenues appropriated for community college districts,” as used in paragraph (1) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means the sum of appropriations made that are for allocation to community college districts, regardless of whether those appropriations were made from the General Fund to the Controller, to the Chancellor of the California Community Colleges, or to any other fund or state agency for the purpose of allocation to community college districts. The full amount of any appropriation shall be included in the calculation of the percentage required by paragraph (1) of subdivision (b) of Section 8 of Article XVI, without regard to any unexpended balance of any appropriation. Any reappropriation of funds appropriated in any prior year shall not be included in the sum of appropriations.
      (e) “Total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as used in paragraph (2) or (3) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means the sum of appropriations made that are for allocation to school districts, as defined in Section 41302.5, and community college districts, regardless of whether those appropriations were made from the General Fund to the Controller, to the Superintendent of Public Instruction, to the Chancellor of the California Community Colleges, or to any other fund or state agency for the purpose of allocation to school districts and community college districts. The full amount of any appropriation shall be included in the calculation of the percentage required by paragraph (2) or (3) of subdivision (b) of Section 8 of Article XVI, without regard to any unexpended balance of any appropriation. Any reappropriation of funds appropriated in any prior year shall not be included in the sum of appropriations.
      (f) “General Fund revenues appropriated for school districts and community college districts, respectively” and “moneys to be applied by the state for the support of school districts and community college districts,” as used in Section 8 of Article XVI of the California Constitution, shall include funds appropriated for the Child Care and Development Services Act pursuant to Chapter 2 (commencing with Section 8200) of Part 6 and shall not include any of the following:
      (1) Any appropriation that is not made for allocation to a school district, as defined in Section 41302.5, or to a community college district regardless of whether the appropriation is made for any purpose that may be considered to be for the benefit to a school district, as defined in Section 41302.5, or a community college district. This paragraph shall not be construed to exclude any funding appropriated for the Child Care and Development Services Act pursuant to Chapter 2 (commencing with Section 8200) of Part 6.
      (2) Any appropriation made to the Teachers’ Retirement Fund or to the Public Employees’ Retirement Fund except those appropriations for reimbursable state mandates imposed on or before January 1, 1988.
      (3) Any appropriation made to service any public debt approved by the voters of this state.
      (g) “Allocated local proceeds of taxes,” as used in paragraph (2) or (3) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means, for school districts as defined, those local revenues, except revenues identified pursuant to paragraph (5) of subdivision (h) of Section 42238, that are used to offset state aid for school districts in calculations performed pursuant to Sections 2558, 42238, and Chapter 7.2 (commencing with Section 56836) of Part 30.
      (h) “Allocated local proceeds of taxes,” as used in paragraph (2) or (3) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means, for community college districts, those local revenues that are used to offset state aid for community college districts in calculations performed pursuant to Section 84700. In no event shall the revenues or receipts derived from student fees be considered “allocated local proceeds of taxes.”
      (i) For the purposes of calculating the 4 percent entitlement pursuant to subdivision (a) of Section 8.5 of Article XVI of the California Constitution, “the total amount required pursuant to Section 8(b)” shall mean the General Fund aid required for schools pursuant to subdivision (b) of Section 8 of Article XVI of the California Constitution, and shall not include allocated local proceeds of taxes.
      (j) The Legislature may amend paragraph (2) of subdivision (b) to better achieve its intent, which is to ensure that the initiative measure that amended this section does not diminish funding for school districts or community college districts to a level that is below that which would be required had the initiative measure that amended this section not been approved.
      SEC. 22. If any provision of this act or the application thereof is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
      SEC. 23. (a) It is the intent of the People of the State of California in approving this act that, should any statute or amendment to the California Constitution be approved on November 5, 2002, that could prevent this act from taking effect, the People intend that this act go into effect, regardless of the passage of any such statute or constitutional amendment, and regardless of the number of votes received by any measure on the November 5, 2002, ballot.
      (b) This act shall take effect notwithstanding any other provision of law.
      (c) It is the express intent of the voters that this act shall take effect and become operative at 12:01 a.m. on November 5, 2002.
      (d) It is the express intent of the voters that this act shall take effect and become operative even if the California Constitution is amended at the November 5, 2002, election to prohibit or restrict the enactment of new taxation.
      (e) Notwithstanding any other provision of this section, Section 2 of this act shall take effect on January 1, 2003.
      SEC. 24. (a) This act shall be liberally construed to further its purposes, especially with respect to being allowed to take effect.
      (b) Any conflict between a provision in this act and any other provision of law in existence prior to the effective date of this act shall be resolved in favor of the provision in this act.
      (c) The act shall be implemented in the most expeditious manner. All state and local officials shall implement this act to the fullest extent of their authority.
      (d) Any person has standing to enforce any provision of this act.
      (e) Money appropriated, expended, or transferred pursuant to this measure shall not be deemed to be a transfer of funds for the purposes of Chapter 9 (commencing with Section 2780) of Division 3 of the Fish and Game Code.