Background and Procedural History

By Decision (D.) 08-06-032, dated June 26, 2008, we adopted the State Grade Separation Program Priority List for FY 2008 - 2009. The Priority List established the relative priorities for funding qualified projects to eliminate or alter hazardous highway-rail crossings. Projects for construction of new grade separations, alteration of existing grade separations, and elimination of highway-rail at-grade crossings by removal or relocation of streets or railroad tracks are included in the Priority List.

Section 190 of the Streets and Highways Code requires the State annual budget to include $15 million for funding of these projects. Section 2450 et seq. of the Code sets out the procedure for administering these funds, and section 2453 gives the California Transportation Commission (CTC) responsibility for allocating (distributing) the funds to qualified projects. Section 2452 requires that the Commission, by July 1 of each year, establish the Priority List for qualified projects for use by CTC for the new fiscal year.