99620-99655

PUBLIC UTILITIES CODE
SECTION 99620-99655




99620.  This chapter sets forth the purposes and the amounts for
which allocations shall be made from the fund. Money from the fund
shall be awarded as grants by the commission pursuant to Sections
99622 to 99651, inclusive, for the purposes specified in those
sections. The amount of a grant awarded pursuant to any of those
sections shall not exceed the amount specified therein. The
department and local agencies may implement service funded pursuant
to this chapter on an incremental basis. Partial grants may be made
for preliminary engineering and design purposes.



99622.  Two hundred thirty million dollars ($230,000,000) shall be
allocated to the department for all of the following:
   (a) Improvements to the Los Angeles-Fresno-San Francisco Bay Area
passenger rail corridor and extension of the corridor to Sacramento,
one hundred forty million dollars ($140,000,000), including at least
sixty million dollars ($60,000,000) for rail rehabilitation and other
rail improvements to provide intercity rail service between Fresno
and Oakland via Madera, Merced, Turlock, and Modesto, and not more
than thirty million dollars ($30,000,000) for rehabilitation and
other rail improvements to provide intercity rail service between
Stockton and Sacramento via Lodi and Galt.
   (b) Preliminary engineering and feasibility studies of a high
speed passenger rail link between Bakersfield and Los Angeles, five
million dollars ($5,000,000).
   (c) Implementation of intercity rail service from Placer County to
Santa Clara County, eighty five million dollars ($85,000,000), of
which not more than thirty five million dollars ($35,000,000) shall
be for commuter rail service between Auburn and Davis, including
funding for right-of-way acquisition. Service to Woodland may also be
provided, if deemed practicable by the department.



99623.  (a) Eighty one million dollars ($81,000,000) shall be
allocated to the department for intercity and commuter rail projects
along the Los Angeles-Santa Barbara rail corridor to be allocated for
expenditure as follows:
   (1) In Ventura County, thirty one million dollars ($31,000,000).
   (2) In Santa Barbara County, seventeen million dollars
($17,000,000).
   (3) In Los Angeles County, thirty three million dollars
($33,000,000).
   (b) The funds allocated for expenditure in Los Angeles and Ventura
Counties may be expended in coordination with a joint powers agency
required to be established for commuter rail service pursuant to
Section 130255 within that segment of the corridor.



99624.  (a) Eighty million dollars ($80,000,000) to the department
for grade separations along the Alameda-San Pedro branch rail line
connecting the Los Angeles and Long Beach Harbors with downtown Los
Angeles and paralleling Alameda Street, to alleviate vehicle traffic
congestion, conserve energy, reduce air pollution in the area, and
facilitate the more efficient and expeditious shipment of freight to
and from the Los Angeles and Long Beach Harbors. The current owner of
the Alameda-San Pedro branch line may, at its option, continue to
own and operate the line and related right-of-way.
   (b) The allocation and granting of funds pursuant to this section
shall be exempt from Sections 99653 and 99663. The allocation and
granting of funds pursuant to this Section shall also be exempt from
subdivision (c) of Section 1202, and Sections 1202.5 and 99317.8 of
the Public Utilities Code, and Sections 2450 to 2461, inclusive, of
the Streets and Highways Code if the affected railroad corporation
contributes ten (10) percent of the costs of constructing the grade
separations funded pursuant to this section. Notwithstanding any
provision of this code or the Streets and Highways Code, no city on
the Alameda-San Pedro branch line shall be assessed costs for the
grade separations. The department is the sole state agency
responsible for designing, determining priorities, and implementing
the construction of those grade separations. The department shall
coordinate its planning with any joint powers agency established to
represent affected cities, local agencies, or commissions. The
department shall further coordinate and cooperate with any such joint
powers agency so that the expenditure of any federal, local, and
private funds including those for tracks, switching, and
interconnection improvements, and the possible construction of a
proposed Alameda Street truck corridor is accomplished in an
efficient and well-planned manner.
   (c) For the purposes of the California Environmental Quality Act
(Divison 13 (commencing with Section 21000) of the Public Resources
Code), grade separations funded pursuant to this section and all
related track and switching improvements and rail interconnections
shall be considered to be one project.



99625.  (a) Six million dollars ($6,000,000) shall be allocated to
the department for the improvement of rail service, including rail
freight service and tourist-related services, important to the
regional economy of Humboldt County.
   (b) The commission shall not approve a grant for purposes of this
section unless the Board of Supervisors of the County of Humboldt
makes a finding that the project proposed for funding is in the
public interest and vital to the economy of the county and the
commission determines that the proposed project will serve a public
purpose.
   (c) Notwithstanding subdivisions (a) and (b), the grant authorized
by this section may be used by the Humboldt County Association of
Governments, at its request, for any of the purposes specified in
Section 99628.


99626.  (a) Four million dollars ($4,000,000) shall be allocated to
the department for the improvement of rail service, including rail
freight service and tourist-related services, important to the
regional economy of Mendocino County.
   (b) The commission shall not approve a grant for purposes of this
section unless the Board of Supervisors of the County of Mendocino
makes a finding that the project proposed for funding is in the
public interest and vital to the economy of the county and the
commission determines that the proposed project will serve a public
purpose.
   (c) Notwithstanding subdivisions (a) and (b), the grant authorized
by this section may be used by the Mendocino Council of Governments,
at its request, for any of the purposes specified in Section 99628.



99627.  (a) If the Legislature establishes a railroad transportation
authority which includes, or which is subsequently expanded to
include, within its jurisdiction, Humboldt County or Mendocino
County, or both of them, the authority shall be substituted for the
department and affected councils of government as the applicant and
the grantee agency for purposes of Sections 99625 and 99626.
   (b) If the authority includes, or is expanded to include, within
its jurisdiction, Del Norte County, the authority shall be
subsitituted for the county as the applicant and grantee agency for
purposes of Section 99628.



99628.  (a) Seventy three million dollars ($73,000,000) for
allocation by the commission on a per capita basis to the Counties of
Alpine, Amador, Butte, Calaveras, Colusa, Del Norte, El Dorado,
Glenn, Imperial, Inyo, Lake, Lassen, Mariposa, Modoc, Mono, Napa,
Nevada, Plumas, San Benito, San Luis Obispo, Shasta, Sierra,
Siskiyou, Sutter, Tehama, Trinity, Tuolumne, and Yuba, for railroad
grade crossing improvements, acquisition of railroad rights-of-way
for rail transportation purposes, rail passenger or other rail
stations, railroad soundwalls, and other local rail improvements for
safety; purchase of paratransit vehicles; and other capital
facilities for public transportation. Funds may not be allocated for
street or highway improvements, operations, maintenance, or
construction.
   (b) Application for grants shall be submitted to the commission by
the transportation planning agency having jurisdiction in the
county.
   (c) If the commission has not received applications by December
31, 1992, for all of the funds available for allocation pursuant to
this section, it may reallocate the remaining funds on the basis of a
competitive grants program to the counties specified in subdivision
(a). The commission shall adopt regulations or guidelines governing
the competitive program allocations to proposals which best serve the
purposes of this part.
   (d) Funds allocated pursuant to this section and Section 99639 may
be pooled by any combination of the recipient counties and used with
private funds to acquire existing railroad rights-of-ways for
passenger and freight rail projects, or for other rail projects.



99629.  Two hundred two million dollars ($202,000,000) shall be
allocated to the Los Angeles-San Diego Rail Corridor Agency for
intercity and commuter rail projects for expenditure as follows:
   (a) In San Diego County, forty five million dollars ($45,000,000).
   (b) In Orange County, eighty two million dollars ($82,000,000).
   (c) In Los Angeles County, seventy five million dollars
($75,000,000).



99630.  Two hundred twenty nine million dollars ($229,000,000) shall
be allocated to the Los Angeles County Transportation Commission,
for expenditure on rail projects within Los Angeles County as
follows:
   (a) Not less than eighty million dollars ($80,000,000) thereof
shall be allocated for Metro Rail.
   (b) Not less than eighty million dollars ($80,000,000) thereof
shall be allocated for rail projects other than Metro Rail within Los
Angeles County.


99631.  (a) Seventy nine million dollars ($79,000,000) shall be
allocated to the joint powers agency required to be established
pursuant to Section 130255, for the San Bernardino-Riverside-Orange
County rail corridor, for expenditure for commuter rail projects as
follows:
   (1) In Riverside County, forty seven million dollars
($47,000,000).
   (2) In Orange County, twenty seven million dollars ($27,000,000).
   (3) In San Bernardino County, five million dollars ($5,000,000).
   (b) If full or partial funding for the project in Riverside County
becomes available from other sources, application may be made by the
Riverside County Transportation Commission to use the portion of the
grant not needed for the project for other rail projects in the
county.
   (c) If full or partial funding for the project in San Bernardino
County becomes available from other sources, application may be made
by the San Bernardino County Transportation Commission to use the
portion of the grant not needed for the project for other rail
projects in the county.
   (d) If full or partial funding for the project in Orange County
becomes available from other sources, application may be made by the
Orange County Transportation Commission to use the portion of the
grant not needed for the project for other rail projects in the
county.


99632.  (a) Ninety eight million dollars ($98,000,000) shall be
allocated to the joint powers agency required to be established
pursuant to Section 130255, for the San Bernardino-Los Angeles rail
corridor, for expenditure for commuter rail projects as follows:
   (1) In Los Angeles County, forty two million dollars
($42,000,000).
   (2) In San Bernardino County, fifty six million dollars
($56,000,000).
   (b) If full or partial funding for the project in Los Angeles
County becomes available from other sources, the Los Angeles County
Transportation Commission may make application to use the portion of
the grant not needed for the project for other rail projects in the
county.
   (c) If full or partial funding for the project in San Bernardino
County becomes available from other sources, application may be made
by the San Bernardino County Transportation Commission to use the
portion of the grant not needed for the project for other rail
projects in the county.



99633.  Sixty-one million dollars ($61,000,000) shall be allocated
to the Alameda County Transportation Commission for expenditure on
rail projects of the San Francisco Bay Area Rapid Transit District
and other rail projects within Alameda County, as determined by the
authority. Projects funded pursuant to this section shall be
consistent with the new rail starts and extensions plan of the
Metropolitan Transportation Commission.



99634.  Thirty seven million dollars ($37,000,000) shall be
allocated to the Contra Costa Transportation Authority for
expenditure on rail projects of the San Francisco Bay Area Rapid
Transit District and other rail projects within Contra Costa County,
as determined by the authority. Projects funded pursuant to this
section shall be consistent with the new rail starts and extensions
plan of the Metropolitan Transportation Commission.



99635.  Thirty five million dollars ($35,000,000) shall be allocated
to the Public Utilities Commission of the City and County of San
Francisco, for expenditure for rail projects within the City and
County of San Francisco.


99636.  One hundred seventy three million dollars ($173,000,000)
shall be allocated to the Peninsula Corridor Study Joint Powers Board
for CalTrain capital improvements and acquisition of rights-of-way,
as follows:
   (a) In the City and County of San Francisco, thirteen million
dollars ($13,000,000).
   (b) In San Mateo County, nineteen million dollars ($19,000,000).
   (c) In Santa Clara County, twenty one million dollars
($21,000,000), to be allocated for expenditure as follows:
   (1) Existing service from San Jose, seventeen million dollars
($17,000,000).
   (2) Extension of service south of San Jose to the county line,
four million dollars ($4,000,000).
   (d) Acquisition of rights-of-way, one hundred twenty million
dollars ($120,000,000).



99637.  Ten million dollars ($10,000,000) shall be allocated to the
San Mateo County Transit District for expenditure for extensions of
the San Francisco Bay Area Rapid Transit District within San Mateo
County.


99638.  Seventeen million dollars ($17,000,000) shall be allocated
to the Monterey County Transportation Commission for the following:
   (a) Extension of CalTrain service.
   (b) Other rail projects within Monterey County.



99639.  (a) Twenty eight million dollars ($28,000,000) shall be
allocated to a joint powers agency responsible for expenditure for a
rail project along the Santa Rosa to Larkspur rail corridor.
   (b) Notwithstanding subdivision (a), eleven million dollars
($11,000,000) of the grant authorized by this section may be
allocated to the Board of Supervisors of the County of Marin, and
seventeen million dollars ($17,000,000) may be allocated to the Board
of Supervisors of the County of Sonoma, for expenditure on the rail
project described in subdivision (a) or for any of the purposes
specified in Section 99628, if both boards concur.



99640.  Eleven million dollars ($11,000,000) shall be allocated to
the Santa Cruz County Transportation Commission for the following:
   (a) Intercity passenger rail projects connecting the City of Santa
Cruz with the Watsonville Junction.
   (b) Other rail projects within Santa Cruz County which facilitate
recreational, commuter, intercity and intercounty travel.



99641.  Forty seven million dollars ($47,000,000) shall be allocated
to the Santa Clara County Transit District, for expenditure for rail
projects within Santa Clara County.



99642.  Seventy seven million dollars ($77,000,000) shall be
allocated on a per capita basis to the San Diego Metropolitan Transit
Development Board and the North San Diego County Transit Development
Board for expenditure for rail projects within San Diego County.




99643.  One hundred million dollars ($100,000,000) shall be
allocated to the Sacramento Regional Transit District for rail
transit projects.


99644.  Fourteen million dollars ($14,000,000) shall be allocated to
the San Joaquin Council of Governments for expenditure for rail
projects along the Stockton-Manteca-Tracy corridor to the Alameda
County line, including three hundred thousand dollars ($300,000) for
a preliminary engineering and economic study of passenger rail
service along the Stockton-Livermore (Altamont) corridor. Projects
funded pursuant to this section shall be consistent with a locally
adopted regional transportation plan.



99645.  One hundred twenty five million dollars ($125,000,000) shall
be allocated to the City of Irvine for construction of a guideway
demonstration project.


99646.  Ten million dollars ($10,000,000) shall be allocated to the
City of Vallejo for expenditure on water-borne ferry vessels and
terminal improvements.


99647.  Seven million dollars ($7,000,000) shall be allocated to the
City of South Lake Tahoe for expenditure on acquisition of rights-of
way, construction of an intermodal station, and related facilities
for an exclusive public mass transit guideway project.



99648.  Five million dollars ($5,000,000) to the Department of Parks
and Recreation for construction of the California State Museum of
Railroad Technology. These funds shall be provided to the Department
of Parks and Recreation when sufficient funding for the entire
project is available.



99649.  (a) One hundred million dollars ($100,000,000) shall be
allocated by the commission to fund a competitive program for the
acquisition of both commuter and intercity rail cars and locomotives
designed pursuant to Section 99603. Local agencies and the department
may apply for these funds, which shall be allocated to the
department for a joint purchase. No matching funds shall be required
for this competitive program. A local agency may contract with the
department for purchase of additional rail equipment funded with
other funds available to the local agency, including funds made
available by this chapter. No funds made available by the commission
pursuant to this chapter shall be used to purchase intercity or
commuter rail cars or locomotives other than the standard equipment
designed pursuant to Section 99603.
   (b) The department shall estimate the need for commuter and
intercity rail cars and locomotives to be ordered pursuant to this
section and establish a delivery schedule based on the needs of the
operators of rail service. Orders for rail cars and locomotives shall
include options as deemed necessary by the department to ensure that
equipment is delivered when needed and to permit additional future
orders.
   (c) The department may purchase rail cars and locomotives by
competitive bid or competitive negotiation, and may negotiate
sale-lease back provisions if determined to be advantageous. Proceeds
from sale-lease back shall be used to acquire additional rail cars
and equipment.



99650.  (a) Twenty million dollars ($20,000,000) shall be allocated
to fund a program of competitive grants to local agencies for capital
outlay for bicycle improvement projects which improve safety and
convenience for bicycle commuters.
   (b) Grants for the establishment of separate bicycle paths and
ways shall be awarded only if the department determines that the
route established will be principally used by bicycle commuters.



99651.  Twenty million dollars ($20,000,000) shall be allocated to
fund a program of competitive grants to local agencies for the
construction, improvement, acquisition, and other capital
expenditures associated with water-borne ferry operations for the
transportation of passengers or vehicles, or both.



99652.  Not more than ten million dollars ($10,000,000) may be
allocated for the administration of this part by the commission to
pay its expenses and the expenses of the department in administering
this part. The commission may contract with the department for
technical review services needed to review grant applications
pursuant to this section. The commission shall not reduce the amount
of a grant authorized by this chapter to defray the costs of
analyzing grant applications or any other costs associated with its
administration of this part.


99653.  In any case in which funds are granted or allocated for
expenditure within specified counties or regions in or along a rail
corridor, the grantee agency, including the department may, by
resolution, and with the approval of the commission and of all the
agencies which program capital improvements for transportation
purposes along the affected part of the corridor, reallocate the
funds for expenditure elsewhere along the corridor. For the purposes
of this section, a corridor is a route used to provide passenger rail
service.


99654.  Any agency or combination of agencies which is the successor
to an agency having any rights, powers, duties, or obligations under
this part, including eligibility to apply for, award, receive, and
expend a grant, shall fully succeed to those rights, powers, duties,
and obligations.


99655.  As of June 30, 2007, fourteen million five hundred
sixty-three thousand dollars ($14,563,000) allocated for the
improvement of the Los Angeles-Fresno-San Francisco Bay Area
passenger rail corridor in Section 99622 remains unexpended, and one
million dollars ($1,000,000) allocated for rail right-of-way studies
in former Section 99621 remains unexpended. Pursuant to subdivision
(c) of Section 99684, the unexpended funds cited in this section are
hereby reallocated to the department and shall be made available for
expenditure by the High-Speed Rail Authority for the state-sponsored
high-speed rail project.