SECTIONS 2330-2334 - California Statutes

STREETS AND HIGHWAYS CODE

SECTION 2330-2334

2330. This chapter may be cited as the Federal Aid for Highway
Safety Improvements Act.

2331. The Safe, Accountable, Flexible, Efficient Transportation
Equity Act-A Legacy for Users of 2005 (Public Law 109-059), also
known as SAFETEA-LU, elevated the Highway Safety Improvement Program
(HSIP) to a core program (23 U.S.C. Sec. 148). SAFETEA-LU authorized
appropriations for programs relating to highway safety improvements
that can reduce the number of fatal and serious injury accidents. The
core HSIP program includes two set-aside programs: the
railway-highway crossing program (23 U.S.C. Sec. 130) and the
high-risk rural roads program (23 U.S.C. Sec. 148(f)). 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.

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. 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. It is the intent of the Legislature that the commission
allocate the total funds received from the federal government under
Section 148 of Title 23 of the United States Code in approximately
equal amounts between state highways and local roads. 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.

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 for construction of bicycle
and pedestrian safety and traffic calming projects.
(b) The department shall award grants 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) Any annual budget allocation to fund grants described in
subdivision (b) shall be in addition to any federal funding received
by the state that is designated for "Safe Routes to School" projects
pursuant to Section 1404 of SAFETEA-LU or any similar program funded
through a subsequent transportation act.
(d) Any federal funding received by the state that is designated
for "Safe Routes to School" projects shall be distributed by the
department under the competitive grant process, consistent with all
applicable federal requirements.
(e) 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.
(f) The department is encouraged to coordinate with law
enforcement agencies' community policing efforts in establishing and
maintaining the "Safe Routes to School" construction program.

2333.6. (a) Consistent with applicable laws governing the
encumbrance and expenditure of funds, the department may administer
the competitive grant program authorized under Section 2333.5, as
amended by Chapter 392 of the Statutes of 2004, for purposes of
awarding grants, and encumbering and expending any funds allocated by
the commission during the 2006-07 and 2007-08 fiscal years pursuant
to Section 2333 as amended by that chapter.
(b) For any funds allocated by the commission during the 2006-07
and 2007-08 fiscal years pursuant to Section 2333, as amended by
Section 3 of Chapter 392 of the Statutes of 2004, 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 148 of Title 23 of the United States Code.(c) This section
shall remain in effect only until January 1, 2013, and as of that
date is repealed, unless a later enacted statute, that is chaptered
before January 1, 2013, 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.