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File Number: 23-183 New Gas Tax Transportation Improvement Fee Portion of Diesel Excise Tax Fifty percent (50%) of the revenue goes to the state, and 50% to local jurisdictions, with the local share split evenly between cities and counties. City revenues are allocated per capita; County revenues are allocated 75% by registered vehicles, and 25% by road mileage. Eligible projects “shall be prioritized for expenditure on basic road maintenance and road rehabilitation projects, and on critical safety projects.”(Streets and Highways Code Section 2030(a).) There is no use-it-or-lose-it requirement in SB 1, so multi-year projects are eligible. Eligible projects include, but are not limited to: Road maintenance and rehabilitation; Safety projects; Railroad grade separations; Complete streets components, including active transportation, bike/ped, transit facilities, and stormwater capture projects; Traffic control devices; and Match for state/federal funds for eligible projects. Per implementation guidelines, basic maintenance and safety projects should be prioritized, and to the extent possible, include complete streets components and advanced technologies. Prior to receiving funds, local agencies must annually submit a list of projects proposed to be funded with RMRA funds to the CTC. Although the CTC is not an “approving” body, project lists will be reviewed to ensure that they include statutorily required information to establish eligibility for funding. Failure to submit a project list to the CTC and establish annual eligibility will result in forfeiture of monthly apportionments. Currently, there is no process to recoup lost apportionments, which would be distributed to eligible agencies. SB 1 requires that the project list include four components: Project Description; The location of each proposed project (“citywide” is not an option); Schedule for completion; and Estimated useful life of improvement. California Streets and Highways Code Section 2034(a)(1) stipulates that the list must be pursuant to an adopted budget (or budget amendment), approved at a public meeting, and that all projects proposed to receive funding shall be included in the City’s budget. The list cannot limit flexible use of funds, provided that funds are only used for eligible projects, meaning that a city can fund projects in a given year not on the project list, or not fund projects that were on the project list. At the end of the fiscal year, the City must report back to the CTC on the locations of work performed. Per established guidelines, any listed projects not started/completed can be moved to next year’s list. Changes to the list do not require going back to the CTC for an amendment. To receive RMRA funding, a city or county must annually expend from its general fund for street, road, and highway purposes an amount not less than the annual average of its expenditures from its General Fund during Fiscal Years 2009-2010, 2010-2011, and 2011-2012 (Streets and Highways Code Section 2036(b)). This is referred to as the ‘Maintenance of Effort’, or MOE. If a city or county fails to meet the MOE in a fiscal year, it can be made up in the following fiscal year. The CTC can audit to determine that the MOE was met, and non-compliant agencies may have to reimburse the state. Included in the MOE are unrestricted, discretionary funds including vehicle in-lieu tax revenues and revenues from fines and forfeitures that are expended for street, road, and highway purposes. One-time allocations expended for street and highway purposes, but which may not be available on an ongoing basis, including revenue provided under the Teeter Plan Bond Law of 1994, are excluded. Additionally, HUTA funds are not part of the MOE calculation. Projects performed in San Leandro by Public Works staff are coordinated with the Engineering & Transportation Department to ensure that any required ADA ramp work is coordinated (to the extent feasible). Page 2 City of San Leandro Printed on 5/10/2023