64000

GOVERNMENT CODE
SECTION 64000




64000.  (a) The California Transportation Commission may allocate
available federal and state transportation funds to the Department of
Transportation, consistent with all applicable state and federal
laws governing the use of those funds, to implement the purposes of,
and to operate and manage, the Transportation Finance Bank as
provided in accordance with the provisions of Section 350 of Public
Law 104-59 and Section 1511 of Public Law 105-178 using only funds
made available to the department through the annual budget act.
   (b) The department shall act as a lender in administering the
Transportation Finance Bank and in entering into enforceable
commitments to implement, operate, and manage the program created by
this section to achieve the purposes of the Transportation Finance
Bank.
   (c) The department shall develop, and may amend as necessary, the
guidelines and loan documents for the program, which shall be
presented to the commission for adoption.
   (d) An allocation of funds by the commission to meet capital and
interest obligations created by the Transportation Finance Bank as
those obligations become due shall be construed as an expenditure of
those funds in the county or counties where the project is located.
In the event of default on the loan, an amount equivalent to the
remaining loan balance plus all accrued interest and penalties shall
be deducted from the STIP county share of the affected county or
counties pursuant to Sections 14524 and 14525 and an amount
equivalent to the remaining loan balance plus all accrued interest
and penalties shall be transferred from the State Highway Account to
the Transportation Finance Bank. Interest shall continue to accrue up
to the date that the fund transfer is actually made.
   (e) An eligible entity requesting loan funds under this section
shall first receive approval of the project from the applicable
regional transportation planning agency or county transportation
commission where the project is located prior to the execution of a
loan agreement with the department and the receipt of any funding.
   (f) Only projects that have a dedicated revenue source and are
eligible for assistance under Section 1511 of Public Law 105-178 are
entitled to funding under this section.
   (g) The Local Transportation Loan Account is hereby created in the
State Highway Account in the State Transportation Fund for the
management of funds for loans to local entities pursuant to this
section. All funds for transportation loans in the Federal Trust Fund
are hereby transferred to the Local Transportation Loan Account. The
department shall deposit in the Local Transportation Loan Account
all money received by the department from repayments of and interest
and penalties on existing and future transportation loans from the
Transportation Finance Bank. Interest on money in the Local
Transportation Loan Account shall be credited to that account as it
accrues.
   (h) Notwithstanding Section 13340, the money in the Local
Transportation Loan Account is continuously appropriated to the
department without regard to fiscal years for purposes of loans to
eligible projects as defined by Section 1511 of Public Law 105-178.
   (i) On or before March 1 of each year in which the loan program
authorized by this section is effective, the department shall report,
to the fiscal committees and the policy committees of the
Legislature that consider transportation issues, on its activities in
administering that program. The report shall include, but not be
limited to, the total amount of loans issued by the department
pursuant to this section, a description of the projects funded by
those loans, the identification of all recipients of those loans, and
any loans that the department intends to make in the subsequent
fiscal year pursuant to this section.