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 ($1,000,000) 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 ($1,000,000) 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 ($1,000,000) 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.