Section 2126 Of Chapter 3. Highway Users Tax Account From California Streets And Highways Code >> Division 3. >> Chapter 3.
2126
. (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.