Section 1554 - Contents of ApplicationThe complete application must include a written request for an allocation in a specified monetary amount along with copies of each of the following attached to it:
(a) All necessary orders of the Public Utilities Commission of the State of California. Necessary orders of the Public Utilities Commission include: (1) An order authorizing construction of the project;(2) A statement of the applicant's position on the annual priority list established by the Public Utilities Commission pursuant to Streets and Highways Code Section 2452;(3) In case the applicant and affected railroad or railroads cannot agree as to the apportionment of the cost of the project between them, an order apportioning such cost pursuant to Public Utilities Commission Code Section 1202.5, but in no case shall an allocation be made unless the railroad or railroads contribute no less than the amount required by Section 2454 of the Streets and Highways Code, except as may be otherwise provided by law.(b) All necessary agreements with the affected railroad or railroads fully executed by railroad or railroads and applicant. The necessary agreements with the railroad include: (1) Permission to enter upon railroad right of way for construction, or, in lieu thereof, an order of the Public Utilities Commission or of a court of competent jurisdiction authorizing such entry for construction purposes;(2) A description of the project on a plan setting forth the area and items of the project and the particular area and items of the project to which the railroad or railroads agree to contribute;(3) the percentage of railroad's or railroads' contribution to the cost of the area and items to which railroad or railroads agree to contribute;(4) Identification and estimated cost of the area and items to which railroad or railroads do not contribute;(5) Agreement that railroad or railroads shall contribute a minimum of 10 percent of the cost of the project without a maximum dollar limitation on the railroad's contribution, except that the contribution may be less than 10 percent of the cost of the project where expressly so provided by law.(6) When two or more railroads are affected by a project, their combined contribution must be a minimum of 10 percent of the cost of the project without a maximum dollar limitation on the combined contribution, except that such combined contribution may be less than 10 percent of the cost of the project when expressly so provided by law.(c) A certified resolution by the applicant's governing body authorizing the filing of an application.(d) Certified resolution by the applicant's governing body stating that all matters prerequisite to the awarding of the construction contract can be accomplished within two years after the allocation of the funds for the project by the California Transportation Commission.(e) A certified resolution by applicant's governing body stating that sufficient local funds will be made available as the work of the project progresses.(f) Copies of all necessary Environmental Impact Reports or Negative Declarations, with a certified Notice of Determination and approval or acceptance of these documents by the Lead Agency. In cases where an Environmental Impact Statement or Negative Declaration has been prepared for the project pursuant to the requirements of the National Environmental Policy Act of 1969 and implementing regulations thereto, such documents may be submitted in lieu of an approved Environmental Impact Report or Negative Declaration and Notice of Determination, provided the Environmental Impact Statement or Negative Declaration fully develops the factors required in Title 14, Section 15143, of the State Administrative Code including Title 20, Section 17.1(d)(2), of the State Administrative Code, and such Environmental Impact Statement or Negative Declaration has received Federal approval.(g) General plan of the project, including profiles and typical sections.(h) Project cost estimate, which is to be broken down to construction, preliminary and construction engineering, work by railroad forces, right of way costs, and utility relocation.Cal. Code Regs. Tit. 21, § 1554
1. Editorial correction of subsection (d) filed 8-18-82; effective thirtieth day thereafter (Register 82, No. 34).
2. Amendment of subsection (d) and NOTE filed 5-14-2009; operative 5-14-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 20). Note: Authority cited: Sections 2455 and 2456, Streets and Highways Code; and City of San Marcos v. California Highway Commission, 60 Cal. App. 3d 383. Reference: Sections 2453, 2454, 2455, 2456, 2460, 2460.5 and 2460.7, Streets and Highways Code.
1. Editorial correction of subsection (d) filed 8-18-82; effective thirtieth day thereafter (Register 82, No. 34).
2. Amendment of subsection (d) and Note filed 5-14-2009; operative 5-14-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 20).