2009 California Public Utilities Code - Section 130300-130306 :: Article 5. Transportation Planning And Programming

PUBLIC UTILITIES CODE
SECTION 130300-130306

130300.  The Legislature finds and declares:
   (a) That the near-term programming and budgeting requirements of
state and federal law is a cooperative intergovernmental planning
process intended to determine the foreseeable capital and operational
needs of a multimodal transportation system.
   (b) That there is an absence of an adequate forum in which local
officials may exercise leadership in multimodal transportation
planning and programming.
   (c) Therefore, it is in the public interest to define the roles of
various public entities with respect to long-range system planning
and short-range capital and service planning and programming
processes.

130301.  The multicounty designated transportation planning agency
which includes the area of the commission shall be responsible for
long-range transportation system planning, including preparation of
the regional transportation plan as defined in Chapter 2.5
(commencing with Section 65080) of Title 7 of the Government Code in
such area.
   Such planning shall be directed to, among other things:
   (a) Identification of corridors of travel.
   (b) Definition of the transportation problems of each corridor.
   (c) Definition of the transportation goals for each corridor.
   (d) Definition of land use goals, with the concurrence of affected
local jurisdictions, that should be supported by transportation
investment decisions in each corridor.
   (e) Recommendation of priority corridors for major resource
allocations.
   (f) Recommendation of the mix of alternative transportation modes
appropriate for deployment in light of the transportation needs and
goals for each corridor.
   (g) Recommendation of environmental, economic, energy, and social
policies that should guide transportation investment decision within
corridors.
   (h) Coordination of the plans and short-range transportation
improvement programs developed by the commissions, including
resolution of conflicts between such plans and programs.
   (i) Determination of regional priorities and an annual regional
program for the use of federal-aid urban system funds, and funds to
be expended pursuant to Section 1604 of Title 49 of the United States
Code, based on the priorities of projects appearing in the
short-range transportation improvement program adopted by each
commission.
   (j) Review and comment concerning all near-term transportation
improvement programs after the development of, but prior to, adoption
of such programs by the commission. The review shall be conducted
pursuant to Section 130059 and in such a manner so that it does not
unnecessarily slow or impede the transportation planning and
programming process.
   (k) Development of an annual unified work program for all
transportation planning activities within the jurisdiction of the
multicounty designated transportation planning agency in cooperation
and coordination with the Department of Transportation and the
commission and in conformance with federal laws and rules and
regulations. Such cooperation and coordination shall specifically
apply to the determination of appropriate planning methods for
projecting and planning transportation use, and its effect on land
use, within the jurisdiction of the agency.

130302.  The role of the multicounty designated transportation
planning agency, in coordinating, reviewing, and resolving
intercommission conflicts, approving multicounty transportation
plans, in developing plans and programs, shall be a cooperative
effort with the commissions and shall be executed so as not to
unnecessarily impede or slow the transportation planning and
programming process.

130303.  With respect to the area under its jurisdiction, the
commission shall be responsible for short-range capital and service
planning directed to:
   (a) Determination, on an annual basis, of the total amount of
funds that could be available to the commission for transportation
planning and development.
   (b) Development and approval of a short-range three- to five-year
transportation improvement program with an annual updated element
reflecting all transportation capital and service priorities within
the jurisdiction of the commission to be developed with all
appropriate coordination and cooperation between the commission and
state and local transportation agencies and operators. All projects
utilizing federal and state highway and transit funds, and all
exclusive public mass transit guideway projects no matter how funded,
shall be included in a transportation improvement program adopted by
the commission. The program shall also be developed in coordination
with the multicounty designated transportation planning agency and
the Department of Transportation, shall be consistent with the
adopted regional transportation plan, and shall be reviewed and
commented on pursuant to subdivision (j) of Section 130301.
   (c) Coordination and approval of all public mass transit service
within the jurisdiction of the commission and between the
jurisdiction of other commissions or transit operators.
   (d) Determination or approval of the location and capacity of all
capital development projects, including, but not limited to,
exclusive public mass transit guideway systems, state highway
projects, and federal-aid highway projects.
   (e) Selection and specific approval of appropriate mass transit
hardware and technology to be funded by the transportation
improvement program.
   (f) Determination and approval of the staging and scheduling of
construction and other development relative to all transportation
improvement projects to be funded by the transportation improvement
program.
   (g) Administration of the countywide program for the expenditure
of funds allocated pursuant to Chapter 4 (commencing with Section
99200) of Part 11 of Division 10.

130303.1.  In addition to its short-range transportation planning
responsibilities, the commission shall also be responsible, pursuant
to Section 180206, for developing long-range expenditure plans for
transportation programs included in voter-approved transaction and
use tax measures that are consistent with the regional transportation
plan and the regional transportation improvement program developed
pursuant to Chapter 2.5 (commencing with Section 65080) of Division 1
of Title 7 of the Government Code and this article and Article 3
(commencing with Section 130250) and Article 10 (commencing with
Section 130450).

130304.  (a) The county transportation commission shall submit the
short-range transportation improvement program prepared pursuant to
subdivision (b) of Section 130303 to the multicounty designated
transportation planning agency. The program shall be the county
transportation commission's recommendation to the agency regarding
that portion of the regional transportation improvement program with
respect to short-range objectives applicable to the county under the
jurisdiction of the county transportation commission. The recommended
program shall be submitted to the agency in a timely fashion, and
the agency shall review and adopt this portion of the regional
transportation improvement program in a timely fashion, giving full
explanation for any necessary revision of the county transportation
commission's recommended program.
   (b) The multicounty designated transportation planning agency may
revise the submitted transportation improvement program in order to
resolve conflicts between the recommended programs or with the
adopted regional transportation plan. In case of a disagreement as to
the resolution of such a conflict between the agency and the
involved county transportation commissions, the California
Transportation Commission shall resolve the conflict.

130305.  The commission shall take all action necessary to obtain
the maximum amount of funding available pursuant to Section 1602 of
Title 49 of the United States Code. Public transit operators or other
public agencies may only apply for such funds under such terms as
prescribed by the commission. The commission may authorize the
operator or the agency, as the case may be, to be responsible for the
administration of its grant on the condition that the commission
receives adequate and timely notice of all formal or other
significant communications between the operator or agency and the
federal government regarding the grant.

130306.  The commission shall determine the projects on the
federal-aid urban system to be funded. The commission shall determine
the projects to be funded pursuant to Sections 1602 and 1604 of
Title 49 of the United States Code. The commission shall also
determine the program to be funded by funds allocated pursuant to
Chapter 4 (commencing with Section 99200) of Part 11 of Division 10.


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