§ 8117. Stip Appeals and Amendments.

(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

Note: Authority cited: Section 14532, Government Code. Reference: Sections 14531, 14533, 14534, Government Code.