California Code of Regulations › Title 21 - Public Works › Division 4 - California Transportation Commission › Chapter 2 - Guidelines for the Preparation of the State and Regional Transportation Programs › Section 8117 - STIP Appeals and Amendments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon
				adoption of each annual STIP, written appeals will be accepted by the
				Commission up to and including August 1. Only RTPAs, county transportation
				commissions, or the Department may appeal. Others, including cities, counties,
				or implementing agencies, may submit their appeals through their appropriate
				RTPA with the approval of the governing board of the RTPA, or through the
				Department with approval of the Director.
(b) Each appeal shall indicate the specific
				project(s) or program(s) being appealed, the reasons for the appeal, and the
				proposed alternative(s). The appeal must specify the source of funds for any
				proposed additions to the STIP, including the identity of projects proposed for
				reduction in cost or deletion.
(c)
				Not later than August 15, the Commission shall consider all appeals at a public
				hearing. At the hearing, the Commission will accept oral and written testimony
				only from agencies authorized to appeal the STIP; however, an appealing agency
				may allow another agency, public group, or person supporting its appeal to
				present a portion of the testimony. By September 1, the Commission shall
				resolve the appeals, amend the STIP according to this resolution and notify the
				RTPAs and other involved parties that brought an appeal of the disposition of
				that appeal.
(d) Amendments to the
				RTIP shall be approved in accordance with rules of the governing board of the
				RTPA.
(e) Amendments to the adopted
				STIP, other than those resulting from the appeals, may be made when the
				Commission deems appropriate. The Commission shall provide that such additional
				proposed amendments are noticed to the public at least 30 calendar days before
				the Commission takes formal action regarding them. The Commission shall solicit
				comments on the proposed amendments from the Department, the RTPA(s) and the
				implementing agency(s) involved. For amendments to individual minor project(s)
				or the programs for minor projects the 30-day notice is not required.
(f) In emergency situations as described in
				Section
				14120 of
				the Government Code, the Commission may waive the 30-calendar-day public
				notice.
(g) If during the budget
				year of an adopted STIP it becomes apparent that a scheduled aeronautics
				project is unlikely to be undertaken, the Commission may designate a substitute
				project or projects from a list of standby projects. This list shall include
				projects already contained in the adopted STIP, but programmed after the first
				year and capable of delivery within the budget year. The priority sequence
				shall be that assigned under the criteria specified in Section
				8116(h). Prior to
				such substitution, the original recipient shall be duly notified and provided
				an opportunity to demonstrate the likelihood of the scheduled project's
				completion. Any project subject to removal from an adopted STIP shall be
				eligible, without prejudice, for inclusion in a subsequent STIP.
(h) To establish that an aeronautics project
				will be undertaken during the budget year of an adopted STIP, the grantee
				should complete the following actions prior to March 1 of the budget year:
				complete any required environmental assessment procedures; obtain any necessary
				approvals; and file the application for funds with the Department. The
				completion of these actions will allow for State authorization of the
				allocation, awarding of the project contract, and execution of grant documents
				prior to June 30 of the budget year. Failure to comply with the March 1
				deadline may constitute grounds for project substitution, as specified in
				Section 8117(g).
Note: Authority cited: Section
					 14532,
					 Government Code. Reference: Sections
					 14531,
					 14533,
					 14534,
					 Government Code.