Section 190 Grade Separation Program

Section 190 Overview

Introduction

The Section 190 Grade Separation Program is authorized by Section 190 of the Streets and Highways Code. This competitive grant program provides $15 million each year to local agencies for the construction of grade separation projects. The program is jointly administered by the California Public Utilities Commission (CPUC) and the California Department of Transportation (Caltrans). Local agencies submit project applications to the CPUC. The CPUC develops a priority list of projects. Local agencies whose projects are included on the priority list submit requests for an allocation of funds to Caltrans. Caltrans enters into funding agreements with local agencies for reimbursement of the cost to construct the grade separation.

Section 190 Streets and Highways Code

• Requires Caltrans to include $15 million in each budget for grade separation projects on State highways and local streets and roads. (NOTE: Only $7.5 million was appropriated in FY 2001-2002, all other years received $15 million.)
• The Section 190 Program is to be administered in accordance with provisions of the Streets and Highways Code, commencing with Section §2450 (noted further below).

The intent of the Grade Separation Program is to improve safety and expedite the movement of vehicles by eliminating highway-rail crossing at grade with a grade separation. Grade separation means a structure which actually separates the vehicle roadway from the railroad tracks.

The grade separation project can include the grade separation and all approaches, ramps, connections, drainage, and other construction items required to make the grade separation operable and to effect the separation the vehicle roadway from the railway tracks. Grade separation projects may also include provisions for separations of non-motorized traffic from vehicular roadway and the railroad tracks.

On any project where there is only one railroad track in existence, the project shall be built so as to provide for expansion to two tracks when the Grade Separation Program Manager determines that the project is on an existing or potential major railroad passenger corridor. Such projects may consist of:

• The alteration or reconstruction of existing grade separations.
• The construction of new grade separations to eliminate existing grade crossings.

Program Background

Priority List

Prior to July 1 of each year, the Public Utilities Commission will establish a list, in order of priority, of projects which the commission determines to be most urgently in need of separation or alteration. The priority list will be determined on the basis of criteria established by the Public Utilities Commission.(see exhibit 1).

Project Allocations

Allocations for projects under this program are subject to the California Streets and Highways code requirements, outlined in Streets and Highways Code - Sections 2450-2461.

Grade Separation Projects Application for Allocation Submission

The application for allocation requirements are outlined below and can also be found in the California Code of Regulations –21 CCR § 1552-1559.

1. Last Date to File Application for Allocation Submission

April 1of 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 state below.

2. Contents of Application for Allocation Submission

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:

(1) All necessary orders of the Public Utilities Commission of the State of California. Necessary orders of the Public Utilities Commission include:

• (a) 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 (see Section 2454 above), except as may be otherwise provided by law.

(4) All necessary agreements with the affected railroad or railroads fully executed by railroad or railroads and applicant. The necessary agreements with the railroad include:

• (a) 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;
• (b) 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;
• (c) The percentage of railroad's or railroads' contribution to the cost of the area and items to which railroad or railroads agree to contribute;
• (d) Identification and estimated cost of the area and items to which railroad or railroads do not contribute;
• (e) 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;
• (f) 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.

(5) A certified resolution by the applicant's governing body authorizing the filing of an application.

(6) 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.

(7) A certified resolution by applicant's governing body stating that sufficient local funds will be made available as the work of the project progresses.

(8) 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.

(9) General plan of the project, including profiles and typical sections. (Plans can be submitted on a CD)

(10) 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.

3. Where to File Application for Allocation Submission

One copy of the complete application 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. One electronic copy of the complete application (also to be received no later than 4:00 p.m. on the last day for filing) is to be sent to the office below at:

California Department of Transportation (Caltrans):

Caltrans – Division of Local Assistance

Office of State Programs

1120 N Street

Sacramento, CA 98514

Attn:  Samir Barot, P.E. 

samir.barot@dot.ca.gov

cc: Jasmeen.Parhar@dot.ca.gov

Project Limitation

Participation of the grade separation fund is limited to only 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, ice plant, 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.

Allocation Limitation

Initial allocation of grade separation funds 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. A planned project must be a complete and operable project, and effect the separation of grades, relocation of the highway or railroad, in order to qualify for an allocation.

Supplemental Allocations

Last Date to File Supplemental Allocations Application

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. A formal application must be filed by the applicant, accompanied with the project final report. Application filing requirements as to number and location are the same as for initial allocation applications.

Contents of Supplemental Allocations 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.

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

• (a) Applicant has authority to make request for supplemental allocation;
• (b) The project has been completed and has been accepted by the governing body;
• (c) The actual and final cost of the project has been determined and is set forth in the supplemental application;
• (d) All costs set forth in the request for a supplemental allocation were necessary to make the grade separation operable and effect the separation of grades or the relocation of track or highway.
• (e) That railroad or railroads have contributed 10 percent of the cost of the project unless a lesser contribution is expressly provided by law.

(2) 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.

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

Where to File Supplemental Allocations

One copy of the complete application 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. One electronic copy of the complete application (also to be received no later than 4:00 p.m. on the last day for filing) is to be sent to the office below at:

California Department of Transportation (Caltrans):

Caltrans – Division of Local Assistance

Office of State Programs

1120 N Street

Sacramento, CA 98514

Attn:  Samir Barot, P.E. 

samir.barot@dot.ca.gov

cc: Jasmeen.Parhar@dot.ca.gov

Additional Information

CPUC Guidelines for the Section 190 Program

Additional Section 190 Program information and guidance can be found at the CPUC’s website. https://www.cpuc.ca.gov/General.aspx?id=2891

California Code of Regulations
Application information can also be found under:

• 21 CCR § 1552
  Title 21. Public Works
  Division 2. Department of Transportation
  Chapter 13. Grade Separation Projects -Applications for Allocation or Supplemental Allocations
  Article 1. Applications

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