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GRADE SEPARATION PROGRAM

TITLE 21. Public Works

Division 2. Department of Transportation

Chapter 13. Grade Separation Projects -- Applications for Allocation or Supplemental Allocations (Register 82, No. 34, filed 8-21-82)

Article 1. Applications

§1552. Last Date to File.

April 1 of each fiscal year is the last date on which applications for allocation of grade separation funds in that fiscal year can be filed; provided, however, if April 1 is a Saturday, Sunday, or a State of California holiday, then the last date of filing shall be the next business day following April 1. Filing is accomplished by filing the application with the Department of Transportation in the manner hereafter stated.

§1553. Place to File.

The complete application in triplicate must be received in the Office of the District Director of Transportation, State of California, in the transportation district in which the applicant is located, no later than 4:00 p.m. on the last day for filing.

§1554. Contents of Application.

The 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;

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(2) A statement of the applicant's position on the annual priority list established by the Public Utilities Commission pursuant to Streets & 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 & 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 railway 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 or 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 project without a maximum dollar limitation on the railroad's contribution, except that the contribution may be less than

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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 application.

(d) Certified resolution by applicant's governing body stating that all matters prerequisite to the awarding of the construction contract can be accomplished within one year after allocation of 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.

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(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.

§1555. Project Limitation

Participation of the grade separation fund is limited only to that portion of the project which, in the determination of the California Transportation Commission, is necessary to make the grade separation operable and to effect the separation of grades between the highway and the railroad track or tracks, or necessary to effect the relocation of track or highway. Off-track maintenance roads shall be nonparticipating unless the existing access for maintenance purposes is severely impaired by the project. Participating items include, but are not limited to, approaches, ramps, connections, drainage, erosion control of slopes, such as ivy, iceplant, and rye grass, and preconstruction costs, such as right of way acquisition, preparation of environmental impact reports and utility relocation, necessary to make the grade separation operable. In any dispute as to scope of the project or qualification of an item, the decision of the California Transportation Commission shall be conclusive.

§1556. Allocation Limitation

Initial allocation of grade separation funds by the California Transportation Commission shall be limited to that based upon applicant's estimate of cost of project specified by applicant and utilized by the Public Utilities Commission of the State of California in establishment of applicant's priority pursuant to Streets and Highways Code Section 2452 of the State of California, and in no case shall the original and supplemental allocation for a single project exceed a total of five million dollars ($5,000,000) without specific legislative authorization in effect for the project at the final date and time for filing an application. A planned project must be a complete and operable project, and

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effect the separation of grades, relocation of the highways or railroad, in order to qualify for an allocation.

Article 2. Supplemental Allocations

§1557. Last Date to File.

The last date on which an application for a supplemental allocation can be filed for the subsequent fiscal year is May 1 of the current calendar year. If May 1 is a Saturday, Sunday, or a State of California holiday, then the last date of filing shall be the next business day following May 1. The applicant must file a formal application with the project final report.

§1558. Place to File.

The complete application in triplicate must be received in the Office of the District Director of Transportation, State of California, in the transportation district in which the applicant is located, no later than 4:00 p.m. on the last day of filing.

§1559. Contents of Application

The application must include a written request for a supplemental allocation in a specified amount along with copies of each of the following attached thereto.

(a) A certified resolution by the applicant's governing body certifying that:

(1) Applicant has authority to make request for supplemental allocation;

(2) The project has been completed and has been accepted by the governing body;

(3) The actual and final cost of the project has been determined and set forth in the supplemental application;

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(4) All costs set forth in the request for supplemental allocation were necessary to make the grade separation operable and effect the separation of grades or the relocation of track or highway.

(5) That railroad or railroads have contributed 10 percent of the cost of the project unless a lesser contribution is expressly provided by law.

(b) Evidence that funds would have been allocated for the project had the actual cost been used by the Public Utilities Commission of the State of California in determining the project's ranking on the priority list.

(c) A final accounting of the cost of the project with a statement explaining the detail why the original allocation was not sufficient.

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Formula For Crossing Nominated For Separation Or Elimination



Where: P - Priority Index Number

V - Average 24-Hour Vehicular Volume (1 point per vehicle)

T - Average 24-Hour Train Volume (1 point per train)

C - Project Cost Share to be Allocated from Grade Separation Fund (1 point per thousand dollars)

LRT - Average 24-Hour Light Rail Train Volume (1 point per train)

AH - Accident History (up to 3 points per accident)

SCF - Special Conditions Factor = BD+VS+RS+CG+PT+OF (up to 63 pts)

BD - Crossing Blocking Delay (up to 5 points)

VS - Vehicular Speed Limit (up to 5 points)

RS - Railroad Prevailing Maximum Speed (up to 7 pts)

CG - Crossing Geometrics (up to 17 points)

PT - Passenger Trains (up to 10 points)

OF - Other Factors: passenger buses, school buses, trains carrying hazardous materials trains and trucks, and community impact (up to 19 points)

C = Project Cost Share to be Allocated from Grade Separation Fund

Up to five million dollars per project will be allocated (S&H Code § 2454(g)) per fiscal year, unless the applicant is seeking multiple-year funding as prescribed in S&H Code § 2454(h). Local agencies are eligible to receive up to $5 million each year, over a period of 5 years. The total amount they may receive is $20 million, not to exceed 80% of the cost, if an at-grade crossing is closed and the project meets other specific requirements. Up to fifteen million dollars ($15,000,000) to a single project maybe be allocated if that project is the highest ranking project on the priority list (S&H Code § 2454(g) (2)).

For the $123 million of the Proposition 1B bond measure, pending Legislative action, a dollar for dollar match with non-State funds is required, and the limitation on maximum project cost shall not apply.

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AH = Accident History (last 10 years from application filing due date)

The total AH score is the sum of points per accident awarded as follows for vehicle and pedestrian accidents involving trains at crossings with the Crossing Protection Factor (CPF) based on the crossing's warning devices:

Points per Accident = (1 + 2 x No. Killed + No. Injured) x CPF

STANDARD	9	8	1
CPF	1.0	0.4	0.1

Note 1: No more than three points shall be allowed for each accident prior to modification by the protection factor.

Note 2: Each accident is rated separately and modified by a factor based on the warning devices in existence at time of the accident.

Note 3: Pedestrian collisions with the train will be considered at the crossing, excluding all suicides.

SCF = Special Conditions Factor = BD+VS+RS+CG+PT+OF

BD = Blocking Delay by Train (The total time in which vehicular traffic is delayed to allow a train to pass at a crossing.) The blocking delay, for a typical day, is the elapse time in minutes when trains pass the crossing. The delay is measured from the point that the warning devices are activated at the crossing to the time after the train has cleared the crossing and the warning devices are reset. The BD points are the total delay time, valued in a range from 0 to 5 points.

VS = Vehicular Speed Limit - Posted Speed Limit

SPEED-MPH	0-30	31-35	36-40	41-45	46-50	51+
POINTS	0	1	2	3	4	5

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RS = Railroad Maximum Speed

SPEED-MPH	0-25	26-35	36-45	46-55	56-65	66-75	76-85	86+
POINTS	0	1	2	3	4	5	6	7

CG = Crossing Geometrics - 0 - 17 points are awarded to each crossing based on the relative severity of physical conditions, i.e. grade, alignment, site distance, track skew angle, traffic signals, entrances and exits, etc.

PT = Passenger Trains - Additional points are given to projects that have passenger trains, including light rail transit, traveling through the crossing based on the following:

NO. OF TRAINS	1-2	3-5	6-10	11-20	21-30	31-40	41-50	51-60	61-70	70+
POINTS	1	2	3	4	5	6	7	8	9	10

OF = Other Factors- Other Factors are valued in a range from 0 to 19 points based on:

CATEGORY	POINTS
SCHOOL BUSES	0-3
PASSENGER BUSES	0-3
HAZ-MAT TRUCKS*	0-3
COMMUNITY IMPACT	0-10

*Hazardous material trucks must display the placard with a clearly visible diamond-shaped sign to be counted for this category.

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Formula For Existing Separations Nominated For Alteration Or Reconstruction



Where:

P - Priority Index Number

V - Average 24-Hour Vehicular Volume (1 point per vehicle)

T - Average 24-Hour Train Volume (1 point per train)

LRT - Average 24-Hour Light Rail Train Volume (1 point per train)

C - Project Cost Share to be Allocated from Grade Separation Fund (1 point per thousand dollars)

SF - Separation Factor = WC + HC + SR + AS + POF + AP + DE

WC - Width Clearance (up to 10 points)

HC - Height Clearance (up to 10 points)

SR - Speed Reduction (up to 5 points) AS - Accidents at or near structure (0.1 pt per accident)

POF - Probability of Failure (up to 10 points)

AP - Accident Potential (up to 10 points)

DE - Delay Effects (up to 10 points)

C = Project Cost Share to be Allocated from Grade Separation Fund

Up to five million dollars per project will be allocated (S&H Code § 2454(g)) per fiscal year, unless the applicant is seeking multiple-year funding as prescribed in S&H Code § 2454(h). Projects are eligible to receive up to $5 million each year, over a period of 5 years, the maximum is $20 million, not to exceed 80% of the project cost, if an at-grade crossing is closed and the project meets other specific requirements. Up to fifteen million dollars ($15,000,000) to a single project maybe be allocated if that project is the highest ranking project on the priority list (S&H Code § 2454(g) (2)).

For the $123 million of the Proposition 1B bond measure, pending legislative action, a dollar for dollar match with non-State funds is required, and the limitation on maximum project cost shall not apply.

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SF = Separation Factor = WC+HC+SR+AS+PF+AP+DE

WC = Width Clearance is determined by bridge width (in feet) and the number of traffic lanes in existence (N):

If the Width is:	POINTS
Greater than or equal to 16'+12(N)	0
Greater than 12' + 12(N) but less than 16' + 12(N)	2
Greater than 8' + 12(N) but less than 12' + 12(N)	4
Greater than 11(N) but less than 8'+12(N)	6
Equal to 11(N)	8
Less than 11(N)	10

HC = Separation Height Clearance is determined by the height clearance from center of traffic lane and bridge (Underpass) or from top of rail and bridge (Overpass).

Underpass

Height (feet) Points

15' and above 0

14' but less than 15' 4

13' but less than 14' 8

Less than 13' 10

Overpass

Height (feet) Points

22.5' and above 0

20' but less than 22.5' 4

18' but less than 20' 8

Less than 18' 10

SR = Speed Reduction or Slow Order

Points

None 0

Moderate 2

Severe 5

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AS = Accidents at or near the structure during the last 10 years from the application due date. The total AS points is determined by dividing the total number of occurrences by 10 and rounded off to the nearest tenth of a point (86 occurrences = 86/10= 8.6 points).

PF = Probability of Failure has a 10 point maximum taking structure age into account.

Points

Minimal/None 0

Slight 2-3

Moderate 4-6

Extreme 7-10

AP = Accident Potential - A maximum of 10 points is given for the geometrics at the separation like: road curvature, signage, and illumination.

Points

None 0

Slight 2-3

Moderate 4-6

Extreme 7-10

DE = Delay Effects - A maximum of 10 points is given to conditions that cause traffic delays at the separation like road bottlenecks, slow vehicle usage (trucks, agriculture equipment, lack of left or right turn lanes or other traffic congestion.

Points

None 0

Slight 2-3

Moderate 4-6

Extreme 7-10

STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Governor



PUBLIC UTILITIES COMMISSION

320 WEST 4^TH STREET, SUITE 500

LOS ANGELES, CA 90013

(213) 576-7078 FAX 576-7072

July 18, 2007

To: All Interested Parties

Re: Establishment of the Grade Separation Priority List for fiscal years 2008-2009 and 2009-2010 under Section 2450 et seq. of the California Streets and Highways Code.

The Public Utilities Commission (Commission) issued an Order Instituting Investigation (OII) for establishing the highway-rail Grade Separation Priority List (Priority List) for fiscal year 2008-2009 (and possibly 2009-2010, depending on legislative action which may occur). The California Transportation Commission and the California Department of Transportation use the Grade Separation Priority List to allocate funds made available to the program to assist local governments in financing grade separations and crossing elimination projects.

If you wish to nominate a grade separation project for inclusion on the Priority List, you must complete and file a nomination application and participate in the Commission's OII. If you are interested, download the OII and appendices from our website at: http://www.cpuc.ca.gov/static/hottopics/4railsafety/index.htm. Search for I.07-07-006.

The OII and appendices include an explanation and filing requirements for participating in the program, including a nomination form and instructions, and listing the criteria and formulas used to rank all nominations. All applications are due Friday, October 19, 2007.

For additional clarifications or comments, please contact me at rxm@cpuc.ca.gov, (213) 576-7078.

Sincerely,