2007 California Government Code Article 1. General Provisions

CA Codes (gov:8879.50)

8879.50.  (a) As used in this chapter and in Chapter 12.49
(commencing with Section 8879.20), the following terms have the
following meanings:
   (1) "Commission" means the California Transportation Commission.
   (2) "Department" means the Department of Transportation.
   (3) "Administrative agency" means the state agency responsible for
programming bond funds made available by Chapter 12.49 (commencing
with Section 8879.20), as specified in subdivision (c).
   (4) Unless otherwise specified in this chapter, "project" includes
equipment purchase, construction, right-of-way acquisition, and
project delivery costs.
   (5) "Recipient agency" means the recipient of bond funds made
available by Chapter 12.49 (commencing with Section 8879.20) that is
responsible for implementation of an approved project.
   (6) "Fund" shall have the meaning as defined in subdivision (c) of
Section 8879.20.
   (b) Administrative costs, including audit and program oversight
costs for agencies, commissions, or departments administering
programs funded pursuant to this chapter, recoverable by bond funds
shall not exceed 3 percent of the program's cost.
   (c) The administrative agency for each bond account is as follows:

   (1) The commission is the administrative agency for the Corridor
Mobility Improvement Account; the Trade Corridors Improvement Fund;
the Transportation Facilities Account; the State Route 99 Account;
the State and Local Partnership Program Account; the Local Bridge
Seismic Retrofit Account; the Highway-Railroad Crossing Safety
Account; and the Highway Safety, Rehabilitation and Preservation
Account.
   (2) The Office of Homeland Security and the Office of Emergency
Services are the administrative agencies for the Port and Maritime
Security Account and the Transit System Safety, Security, and
Disaster Response Account.
   (3) The department is the administrative agency for the Public
Transportation Modernization, Improvement, and Service Enhancement
Account.
   (d) The administrative agency may not approve project fund
allocations for any project until the recipient agency provides a
project funding plan that demonstrates that the funds are expected to
be reasonably available and sufficient to complete the project. The
administrative agency may approve funding for useable project
segments only if the benefits associated with each individual segment
are sufficient to meet the objectives of the program from which the
individual segment is funded.
   (e) Guidelines adopted by the administrative agency pursuant to
this chapter and Chapter 12.49 (commencing with Section 8879.20) are
intended to provide internal guidance for the agency and shall be
exempt from the Administrative Procedure Act (Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3), and shall do all of
the following:
   (1) Provide for the audit of project expenditures and outcomes.
   (2) Require that the useful life of the project be identified as
part of the project nomination process.
   (3) Require that project nominations have project delivery
milestones, including, but not limited to, start and completion dates
for environmental clearance, land acquisition, design, construction
bid award, construction completion, and project closeout, as
applicable.
   (f) (1) As a condition for allocation of funds to a specific
project under Chapter 12.49 (commencing with Section 8879.20), the
administrative agency shall require the recipient agency to report,
on a semiannual basis, on the activities and progress made toward
implementation of the project. The administrative agency shall
forward the report to the Department of Finance by means approved by
the Department of Finance. The purpose of the report is to ensure
that the project is being executed in a timely fashion, and is within
the scope and budget identified when the decision was made to fund
the project. If it is anticipated that project costs will exceed the
approved project budget, the recipient agency shall provide a plan to
the administrative agency for achieving the benefits of the project
by either downscoping the project to remain within budget or by
identifying an alternative funding source to meet the cost increase.
The administrative agency may either approve the corrective plan or
direct the recipient agency to modify its plan.
   (2) Within six months of the project becoming operable, the
recipient agency shall provide a report to the administrative agency
on the final costs of the project as compared to the approved project
budget, the project duration as compared to the original project
schedule as of the date of allocation, and performance outcomes
derived from the project compared to those described in the original
application for funding. The administrative agency shall forward the
report to the Department of Finance by means approved by the
Department of Finance.