2007 California Streets and Highways Code Chapter 10. Grade Separation Projects

CA Codes (shc:2450-2461)

2450.  For purposes of this chapter:
   (a) "Grade separation" means the structure which actually
separates the vehicular roadway from the railroad tracks.
   (b) "Project" means the grade separation and all approaches,
ramps, connections, drainage, and other construction required to make
the grade separation operable and to effect the separation of
grades.  Such grade separation project may include provision for
separation of nonmotorized traffic from the vehicular roadway and the
railroad tracks.  If a separation of nonmotorized traffic is not to
be included in a project, there shall be an affirmative finding that
the separation of nonmotorized traffic is not in the public interest.
  On any project where there is only one railroad track in existence,
the project shall be built so as to provide for expansion to two
tracks when the Director of Transportation determines that the
project is on an existing or potential major railroad passenger
corridor.  Such project may consist of:
   (1) The alteration or reconstruction of existing grade
separations.
   (2) The construction of new grade separations to eliminate
existing or proposed grade crossings.
   (3) The removal or relocation of highways or railroad tracks to
eliminate existing grade crossings.
   (c) "Highway" means city street, a county highway, or a state
highway which is not a freeway as defined in Section 257.
   (d) "Railroad" means a railroad corporation.



2451.  (a) For the purposes of this chapter, "local agency" includes
a city, a county, a separation-of-grade district, and any public
entity that provides rail passenger transportation services.
   (b) Before a separation-of-grade district may apply to the
commission pursuant to this chapter for an allocation for a project,
the district shall consult with and obtain the written consent of the
city in which the project is located, or the county if the project
is located in unincorporated territory.



2452.  Prior to July 1 of each year, commencing with 1974, the
Public Utilities Commission shall establish a list, in order of
priority, of projects which the commission determines to be most
urgently in need of separation or alteration.  Such priority list
shall be determined on the basis of criteria established by the
Public Utilities Commission.  Where a project involves the relocation
of railroad tracks or highways and the closure of grade crossings,
the Public Utilities Commission shall indicate on the priority list
which of the grade crossings eliminated would have been considered
urgently in need of a grade separation.


2453.  From the funds set aside pursuant to Section 190, as well as
from any other funds that may be set aside for purposes of this
chapter, the California Transportation Commission shall make
allocations for projects contained in the latest priority list
established pursuant to Section 2452.  Such allocations shall be made
for preconstruction costs and construction costs.  Where allocations
are made to a local agency, the requirements of Sections 2456 and
2457 shall first be met.



2453.5.  The department may submit its comments and recommendations
to the commission on any project for which an allocation is to be
made.


2454.  Allocations made pursuant to Section 2453 shall be made on
the basis of the following:
   (a) An allocation of 80 percent of the estimated cost of the
project shall be made; except that whenever contributions from other
sources exceed 20 percent of the estimated cost, the allocation shall
be reduced by the amount in excess of 20 percent of the estimated
cost.
   (b) An allocation of 50 percent of the estimated cost of the
project shall be made for a proposed crossing.
   (c) No allocation shall be made in excess of 50 percent of the
estimated cost of the project unless the grade crossing to be
eliminated has been in existence for at least 10 years prior to the
date of allocation.
   (d) On projects that eliminate an existing crossing, or alter or
reconstruct an existing grade separation, no allocation shall be made
unless the railroad agrees to contribute 10 percent of the cost of
the project.
   (e) Where a project does not include a grade separation, but
eliminates existing grade crossing or crossings, the allocation shall
not exceed the estimated allocation that would have been made for
the grade separation which is no longer needed because of the
elimination of the grade crossing by the project and which is
indicated on the priority list to be urgently in need of grade
separation.
   (f) Where the project includes the separation of a highway and a
railroad passenger service operated by a city or county, the
operating agency shall contribute 20 percent of the cost of the
project. The priority listing for these projects shall be in
accordance with criteria established for railroad passenger service
by the Public Utilities Commission.
   (g) (1) Notwithstanding subdivisions (a) to (f), inclusive, the
total of these allocations for a single project shall not exceed five
million dollars (,000,000) without specific legislative
authorization, except that the amount for a single project may be
increased to either (1) an amount that includes the federal
construction cost index increase each year since 1976, or (2) an
amount that does not exceed one-third of the total funds appropriated
for grade separation projects for the year of allocation, whichever
amount is less, as determined each year by the Public Utilities
Commission.
   (2) Notwithstanding paragraph (1), the California Transportation
Commission may allocate up to fifteen million dollars (,000,000)
to a single project if that project is the highest ranking project on
the priority list established by the Public Utilities Commission
pursuant to Section 2452.
   (h) Notwithstanding subdivisions (a) to (g), inclusive, a single
project in excess of five million dollars (,000,000), but not
exceeding twenty million dollars (,000,000), shall be considered
without specific legislative authority, if the project (1) is
included in the Public Utilities Commission's priority list of
projects scheduled to be funded, (2) eliminates the need for future
related grade separation projects, (3) provides projected cost
savings of at least 50 percent to the state or local jurisdiction, or
both of them, by eliminating the need for future projects, and (4)
alleviates traffic and safety problems or provides improved rail
service not otherwise possible. Projects approved pursuant to this
subdivision shall be funded over a multiyear period, not to exceed
five years, and the allocation for any one of those years shall not
exceed the amount prescribed by subdivision (g) for a single project.
  Not more than one-half of the total allocation available in any one
fiscal year for grade separation projects may be used for the
purposes of this subdivision. An agency that has received an
allocation for a project approved pursuant to this subdivision shall
not be eligible for an allocation for another project under this
subdivision for a period of 10 years from the date of approval of
that project. However, if funds are available for allocation, as
determined by the Department of Transportation, an agency may be
eligible for an allocation for another project.
   (i) Notwithstanding any of the above provisions of this section or
any other provision of law, when the state or local agency uses
funds derived from federal sources in financing its share of project
costs, the railroad contribution, where required by federal law or
regulation, shall be computed pursuant to federal law. However, the
allocation made pursuant to this chapter shall be computed as though
that matching contribution was derived from nonfederal sources and
shall be computed as though the railroad had made its contribution
pursuant to state law rather than pursuant to federal law. Where the
contribution of the railroad is computed according to federal law or
regulation because of the use of federal funds in the allocation for
a project, the allocation shall be increased by the amount the share
of the railroad is reduced below 10 percent of the estimated cost of
the project.



2454.2.  The planned removal of trackage of the Sacramento Northern
Railway, the construction of substitute tracks and track connections,
the elimination of 10 existing grade crossings, the acquisition of
necessary rights-of-way, and all necessary associated work and
appurtenances, to enable Sacramento Northern Railway trains to
operate via existing trackage of the Atchison, Topeka & Santa Fe
Railway, in and adjacent to the City of Pittsburg, shall be eligible
for an allocation under Section 2453.  The Public Utilities
Commission shall determine to what extent, if any, the railroad shall
contribute to the project.  Such eligibility shall not be contingent
on whether the railroad agrees to contribute, and the California
Highway Commission shall not deny an allocation on such grounds.
   The Legislature hereby finds and declares that it is necessary to
enact this special law regarding the Pittsburg track removal and
grade crossing elimination project because of the existence of the
following special facts and circumstances:
   The predominant traffic carried by the Sacramento Northern Railway
consists of high explosives, bombs, shells, and ammunition destined
for the United States Navy ammunition depot at Port Chicago.  Such
trains traverse residential areas, cross 10 streets at grade, and
constitute a grave hazard to the life and safety of the residents of
Pittsburg.  Sacramento Northern Railway is willing to remove its
tracks and operate its trains via the tracks of the Atchision, Topeka
& Santa Fe Railway, which is already partially grade separated and
which offers a safer route.  However, Sacramento Northern Railway
will sacrifice certain of its own facilities, will receive no
benefits, and therefore is unwilling to contribute any portion of the
cost incidental to the removal of its trackage or for the
construction of substitute track connections and appurtenances or for
the acquisition of rights-of-way.
   Based on the foregoing, the Legislature therefore finds and
declares that it is necessary that the Sacramento Northern track
removal and relocation project in and adjacent to the City of
Pittsburg shall be eligible for a grade separation allocation, and
that subdivision (d) of Section 2454, relating to a contribution by
the railroad, shall not apply for purposes of qualifying for an
allocation under Section 2453.



2454.5.  (a) Whenever the National Railroad Passenger Corporation
(AMTRAK) contributes an amount equal to one-third of the total cost
to the state and local agencies of a grade separation project, or any
lesser percentage as the National Railroad Passenger Corporation
(AMTRAK) and the California Transportation Commission may agree upon,
the cost to the participating parties under existing law shall be
reduced proportionately.
   (b) Any such grade separation project may be assigned a priority
by the Public Utilities Commission that is higher than the priorities
assigned to all other such projects for which the National Railroad
Passenger Corporation (AMTRAK) has not made a contribution.



2455.  After an allocation is made to a local agency by the
commission, the local agency and the department shall enter into an
agreement concerning the handling and accounting of funds, including
procedures to permit prompt payment for the work accomplished, and
relative to any other phase of the work.  The procedures providing
for prompt payment of work accomplished shall be drawn in such a
manner as to avoid the necessity for the local agency to utilize
funds in an amount greater than the local agency's share of the
project costs. Such agreement may establish procedures for the
programming of the work of the project in order to assure optimum
cash flow utilization of funds made available by the Legislature for
purposes of this chapter.



2456.  An allocation for construction costs, including
preconstruction costs if not already allocated, shall be made to a
local agency only if it furnishes evidence satisfactory to the
department that all necessary orders of the Public Utilities
Commission have been executed, that sufficient local funds will be
made available as the work of the project progresses, that all
necessary agreements with affected railroad or railroads have been
executed that, if required, all environmental impact reports have
been prepared and approvals obtained, and that all other matters
prerequisite to the award of the construction contract can be
accomplished within two years after the allocation. Local funds shall
be deemed available to the amount of any general obligation bonds
authorized but unsold if it is determined that those bonds may be
issued and sold by the local agency at any time.




2457.  Preconstruction costs (engineering, right-of-way, preparation
of environmental impact reports, and utility relocation) expended by
a local agency prior to any allocation shall be included in the
total cost of the project even though expended prior to an
allocation.  Allocations shall be made for preconstruction costs to a
local agency that submits evidence satisfactory to the department
that the local agency will be able to meet the requirements for an
allocation for construction costs, and that preconstruction costs
will exceed the local share of the cost of the project.  A local
agency may also proceed with the advertising for bids and the
construction of a project without prejudice to its right to receive
an allocation if an allocation is, in fact, made for such project
within the same fiscal year that the construction contract was
awarded.


2458.  Except as provided in this section, allocations shall remain
available until expended. If a construction contract has not been
awarded within two years after an allocation for construction costs,
the commission may order the allocation canceled and such funds shall
revert to the fund set aside for purposes of this chapter. All or
any part of an allocation for preconstruction costs may be canceled
and such funds shall revert to the fund set aside for purposes of
this chapter upon a finding that insufficient progress is being made
to complete the project. Where an allocation is canceled pursuant to
this section, the local agency shall reimburse the fund set aside for
purposes of this chapter the portion of the allocation which is not
reverted as set forth in this section. The department shall
determine, with the local agency, as to the time of repayment.



2459.  If the actual cost of the project is less than estimated, the
allocations made for such project shall be reduced accordingly and
the excess shall revert to the fund set aside for the purposes of
this chapter.  If the actual and necessary cost of the project
exceeds the estimate, the allocations made for such project shall be
augmented proportionately by a supplemental allocation.  An
allocation, however, need not be made for a supplemental allocation,
unless the commission is satisfied that funds would have been
allocated for the project had the actual costs been used in
determining its ranking on the priority list.



2460.  If more projects comply with the requirements of this chapter
than can be financed from funds set aside for purposes of this
chapter, allocations shall be made to those projects highest on the
priority list established pursuant to Section 2452.  The commission
may make allocations for any project when it determines, at the time
of allocation, that sufficient funds are available for all projects
which are higher on the priority list and which are, or are
reasonably expected to become, eligible during the fiscal year.



2460.5.  From funds remaining after allocations for projects higher
on the priority list, the commission shall offer to allocate the
remaining funds for the next eligible project on the priority list,
even though the amount of the remaining funds is less than the amount
the local agency is entitled to for that project.
   The commission, in the next fiscal year, shall allocate to the
local agency an additional amount equal to the difference between the
amount the local agency was eligible to receive and the amount of
the reduced allocation.
   The total of the amount of allocations for a single project,
including, but not limited to, any allocation pursuant to this
section, shall not exceed the amount prescribed by subdivision (g) of
Section 2454 without specific legislative authorization.




2460.7.  A project that is on the priority list may be constructed
by a local agency prior to the time that it reaches a high enough
priority for funding under this chapter.  The project shall retain
its eligibility for listing on subsequent priority lists established
by the Public Utilities Commission pursuant to Section 2452 by
applying the traffic, accident, and other conditions existing at the
project location at the time immediately preceding the start of
construction.
   If the project subsequently reaches a high enough priority for
funding under this chapter, funds shall be allocated and paid to the
local agency in the same manner, and under the same terms and
conditions, as any other project funded under this chapter on the
basis of the cost of construction of the project.  To be eligible for
subsequent funding under this section, both of the following
requirements shall be met:
   (a) The work on the project shall be performed under terms and
conditions established by the department.
   (b) The project has received the prior approval of the California
Transportation Commission.


2461.  Allocations for specific projects on the state highway system
only shall be deemed expenditures within the county in which the
project is situated for the purpose of compliance by the department
and the commission with Sections 188 and  188.8.