JurisdictionCaliforniaCode SHCStreets and Highways Code - SHC
Div. 3.DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS
Ch. 3.CHAPTER 3. Highway Users Tax Account
This text of California § 2126. (2126. (Amended by Stats. 1986, Ch. 963, Sec. 1.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)The money appropriated pursuant to Item 9675-101-890 of the Budget Act of 1985 (Chapter 111 of the Statutes of 1985) is hereby appropriated to the Controller for allocation to counties and cities for street and highway maintenance and reconstruction, 55 percent to the cities for allocation pursuant to subdivision (b) and 45 percent to the counties for allocation pursuant to subdivision (c).
(b)
(1)The amount to be allocated to a city, including a city and county, equals the amount available for allocation to the cities
pursuant to subdivision (a) times the ratio of the total allocation it received pursuant to Section 2107 over all allocations made pursuant to that section during the prior fiscal year.
(2)In the case of a city whose incorporation was effective between July 1, 1984
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(a)
The money appropriated pursuant to Item 9675-101-890 of the Budget Act of 1985 (Chapter 111 of the Statutes of 1985) is hereby appropriated to the Controller for allocation to counties and cities for street and highway maintenance and reconstruction, 55 percent to the cities for allocation pursuant to subdivision (b) and 45 percent to the counties for allocation pursuant to subdivision (c).
(b)
(1)
The amount to be allocated to a city, including a city and county, equals the amount available for allocation to the cities
pursuant to subdivision (a) times the ratio of the total allocation it received pursuant to Section 2107 over all allocations made pursuant to that section during the prior fiscal year.
(2)
In the case of a city whose incorporation was effective between July 1, 1984, and October 2, 1986, inclusive, and which did not receive the equivalent of a full year allocation of funds appropriated for allocation pursuant to subdivision (a) of Section 7 of Chapter 1600 of the Statutes of 1985 or pursuant to subdivision (a) of this section, the amount calculated for allocation pursuant to subdivision (b) of that Section 7 shall be increased by an amount which will provide the city an amount equivalent to the total allocation it would have received pursuant to subdivisions (a) and (b) of that Section 7 and subdivision (a) of this section.
(c)
Fifty-five percent of the funds payable under this
section to counties, including a city and county, shall be apportioned among the counties in the proportion that the number of fee-paid and exempt vehicles registered in each county bears to the total number of fee-paid and exempt vehicles which are registered in the state.
Forty-five percent of the funds payable under this section to counties, including a city and county, shall be apportioned among the counties in the proportion that the number of miles of maintained county roads in each county bears to the total number of miles of maintained county roads in the state.
(d)
For purposes of this section:
(1)
“Maintenance” means (A) patching and (B) overlay and sealing.
(2)
“Reconstruction” does not include widening to increase the traffic capacity of a street or highway, but
does include any widening of the roadway if the widening is necessary to bring the roadway width to the desirable minimum width consistent with the geometric design criteria of the department for nonfreeway 3R (reconstruction, resurfacing, and rehabilitation) projects.
(e)
The Controller shall allocate the funds available for that Item 9675-101-890 within 30 days after they become available to the state.