2007 California Public Utilities Code Chapter 6.5. Protection Of Grade Crossings

CA Codes (puc:1231-1232)

PUBLIC UTILITIES CODE
SECTION 1231-1232



1231.  The commission shall allocate and expend any money which may
be appropriated, from the State Highway Account in the State
Transportation Fund or any other fund, for the purposes specified
herein, to cities, counties, and cities and counties, on the basis of
need as determined by the commission, to assist them in paying their
shares of the cost of constructing grade-crossing protection works
on city, county, and city and county streets, roads, and highways.
In no event, however, shall the commission allocate or expend to any
city, county, or city and county a sum exceeding one-half of its
share of the cost of such work.
   Funds appropriated for the purposes specified herein shall be
available for allocation and expenditure without regard to fiscal
years.


1231.1.  In each annual proposed budget prepared by the Department
of Transportation under Section 165 of the Streets and Highways Code,
the sum of one million dollars (,000,000) shall be set aside for
allocations to the Public Utilities Commission for the purpose of
paying to the railroad or street railroad corporations the share of
the costs to cities, counties, and cities and counties of maintaining
automatic grade-crossing protection.  The Public Utilities
Commission may recommend a sum greater than one million dollars
(,000,000) be set aside for allocations to the Public Utilities
Commission for the purpose of making those payments, if the Public
Utilities Commission finds that the sum of one million dollars
(,000,000) is not sufficient due to an increase in the number of
grade-crossing protection devices, or increase in the cost of
maintenance of those devices.  The specific amount of the total
allocation shall be determined by the California Transportation
Commission and shall constitute the amount necessary for that
maintenance.  In arriving at the amount, the California
Transportation Commission shall consult with the Public Utilities
Commission.  Payment shall be made on the basis of verified claims
filed with the Public Utilities Commission by the railroad or street
railroad corporation responsible for maintenance of automatic
grade-crossing protection.  Any amounts not expended by the Public
Utilities Commission in any one fiscal year may be credited to
subsequent annual allocations.
   Funds appropriated for the purposes of this section shall be
available for allocation and expenditure without regard to fiscal
years.


1232.  At the time the commission makes each allocation under this
chapter, it shall so certify to the State Controller.  The commission
shall present claims for reimbursement of the state's share of the
cost of construction of projects under any allocations to the State
Controller for payment.  The State Controller shall make such audit
as he deems necessary, before or after disbursement, for the purpose
of determining that the money allocated has been expended for the
purposes and under the conditions authorized under this chapter;
except that prior or subsequent review and approval by the city,
county, or city and county in which the grade-crossing protection is
maintained of such allocations shall not be required as a condition
of disbursement.

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