2005 California Streets and Highways Code Sections 2330-2334 CHAPTER 6.5. FEDERAL AID FOR HIGHWAY SAFETY IMPROVEMENTS

2330.  This chapter may be cited as the Federal Aid for Highway
Safety Improvements Act.
2331.  (a) The Highway Safety Act of 1973 (23 U.S.C. Sec. 401 et
seq.) 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 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
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  that federal act and this chapter, and
to coordinate with local law enforcement agencies' community
policing efforts.
   (b) This section shall remain in effect only until January 1,
2008, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2008, deletes or extends
that date.
2331.  (a) The Highway Safety Act of 1973 (21 U.S.C. Sec. 401 et
seq.) 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 high-hazard 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  those federal funds in
accordance with the intent of the federal act and of this chapter.
   (b) This section shall become operative on January 1, 2008.
2332.  All funds received pursuant to these federal programs shall
be deposited in the State Highway Account in the State Transportation
Fund.  All funds apportioned to the state for such programs are
appropriated for allocation by the commission in accordance with the
provisions of this chapter.
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 the 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,
2008, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2008, deletes or extends
that date.
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, 2008.
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, school officials, and other relevant community
stakeholders.
   (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) The department shall continue to study the effectiveness of
the program established under this section, and shall submit, on or
before March 1, 2007, a report of its findings to the Legislature.
The report shall include, but need not be limited to, the following
elements:
   (1) An evaluation of the program's impact on accident, injury, and
fatality rates involving pedestrians or bicycles in the vicinity of
the projects.  As a subset, this element shall specifically address
impacts on rates of fatalities and injuries to children.
   (2) An evaluation of the program's impact on rates of bicycling
and walking as modes of transportation to or from schools located in
the vicinity of the projects.
   (3) An evaluation of the potential safety effects of spending the
program funds on other state and local safety programs, including a
comparison of the relative safety effects of spending the available
funds on the  "Safe Routes to School" construction program or on the
state and local highway safety programs and, to the extent possible
within that comparison, the impacts on rates of fatalities and
injuries to children.
   (e) The department is encouraged to coordinate with local law
enforcement agencies' community policing efforts in establishing and
maintaining the "Safe Routes to School" construction program.
   (f) This section shall remain in effect only until January 1,
2008, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1,  2008, deletes or extends
that date.
2334.  Expenditure of such funds on local streets and roads shall be
exempt from the provisions of Sections 188 and 188.8.