Bill Text: CA SB76 | 2015-2016 | Regular Session | Amended
Bill Title: Transportation.
Spectrum: Unknown
Status: (Failed) 2016-11-30 - From Assembly without further action. [SB76 Detail]
Download: California-2015-SB76-Amended.html
BILL NUMBER: SB 76 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 11, 2015
AMENDED IN ASSEMBLY MARCH 24, 2015
AMENDED IN ASSEMBLY MARCH 23, 2015
INTRODUCED BY Committee on Budget and Fiscal Review
JANUARY 9, 2015
An act to amend Section 6100 of, and to add Sections
12025.1 and 12025.2 to, the Fish and Game Code, to add Section 8687.9
to the Government Code, to amend Section 4629.6 of the Public
Resources Code, and to amend Section 81046 of, to amend, repeal, and
add Section 13442 of, and to add Sections 189 and 81023 to, the Water
Code, relating to water, and making an appropriation therefor, to
take effect immediately, bill related to the budget.
Sections 99314.6 and 185035 of, and to add Section 185033.5 to, the
Public Utilities Code, to repeal and add Section 7104.4 of the
Revenue and Taxation Code, to amend Sections 73.1, 156.1, 157.2, and
894.6 of, to add Sections 156.5, 894.9, and 2106.6 to, to
add and repeal Section 73.2 of, and to repeal Article 4 (commencing
with Section 894.6) of Chapter 8 of Division 1 of, the Streets and
Highways Code, to amend Sections 5205.5 and 22352 of the Vehicle
Code, and to amend Item 2665-306-6043 of Section 2.00 of the Budget
Act of 2012 (Chapter 21 of the Statutes of 2012), relating to
transportation, and making an appropriation therefor, to take effect
immediately, bill related to the budget.
LEGISLATIVE COUNSEL'S DIGEST
SB 76, as amended, Committee on Budget and Fiscal Review.
Water. Transportation .
(1) Existing law creates the State Transit Assistance program,
under which certain revenues in the Public Transportation Account are
allocated by formula for public transportation purposes. Under that
program, funds may not be allocated to a transit operator for
operating purposes unless the operator meets one of 2 specified
efficiency standards, subject to certain exceptions. However,
existing law suspends those restrictions with respect to allocations
for operating purposes made through the 2014-15 fiscal year.
This bill would continue the suspension of those restrictions
through the 2015-16 fiscal year.
(2) Existing law, the California High-Speed Rail Act, creates the
High-Speed Rail Authority to develop and implement a high-speed rail
system in the state, with specified powers and duties. Existing law
requires the authority to establish an independent peer review group
for the purpose of reviewing the planning, engineering, financing,
and other elements of the authority's plans and issuing an analysis
of the appropriateness and accuracy of the authority's assumptions
and an analysis of the viability of the authority's funding plan for
each corridor. Existing law specifies the required qualifications for
the members of the peer review group.
This bill would revise the required qualifications for certain
members of the peer review group.
(3) Existing law, as part of an amendment of the Budget Act of
2012, appropriates $2,609,076,000 from the High-Speed Passenger Train
Bond Fund to the High-Speed Rail Authority for construction of the
high-speed rail project and makes that appropriation available for
encumbrance until June 30, 2018. Existing law requires the authority
to provide a project update report to specified committees of the
Legislature by March 1 and November 1 of each year in which that
funding is encumbered.
This bill would instead require the project update report to be
provided to those committees by March 1, 2017, and every 2 years
thereafter.
(4) Existing law, in connection with the appropriation referenced
in (3), also requires the High-Speed Rail Authority to provide
various reports relating to authority staffing and contract
management issues with respect to certain contracts to be awarded by
the authority.
This bill would repeal those reporting requirements.
(5) Existing law defines the authorized routes in the State
Highway System, including State Route 275, which is defined to be the
Tower Bridge from the west side of the Sacramento River near the
City of West Sacramento to the east side of the Sacramento River near
the City of Sacramento. Existing law authorizes the California
Transportation Commission to relinquish any portion of State Route
275 to a city in which it is located with the agreement of that city,
pursuant to terms that the commission finds to be in the best
interest of the state.
This bill would authorize the commission to relinquish the Tower
Bridge to one or more cities in which it is located. The bill, until
July 1, 2016, would provide that the Tower Bridge shall be deemed to
be in a state of good repair for these purposes, provided that it is
not structurally deficient and is rated as satisfactory pursuant to
the National Bridge Index.
(6) Existing law provides that the Department of Transportation
has full possession and control of all state highways. Existing law,
through the year 2020, requires the department to prepare an annual
report to the Legislature describing the status of the department's
progress in locating, assessing, and remediating barriers to fish
passage, as defined. Existing law requires the department also to
complete assessments of potential barriers to anadromous fish prior
to commencing specified projects using state or federal
transportation funds. Existing law requires the department to submit
these assessments to the Department of Fish and Wildlife. Existing
law also requires new projects to be constructed without presenting
barriers to fish passage.
This bill would require the department to prepare the annual
report to the Legislature through the year 2025. The bill would
require the Department of Fish and Wildlife to identify the
above-described projects that present the most significant barriers
to fish passage. The bill would require the Department of
Transportation to prioritize and expedite the remediation of barriers
to fish passage on those projects and would require the department
to include a status report on those projects in each annual report
issued after October 31, 2016. The bill would appropriate $5,000,000
from the State Highway Account to the Department of Transportation
for the identification and remediation of high-priority fish passages
pursuant to these provisions.
(7) Existing law provides for apportionment of fuel excise tax
revenues to cities and counties pursuant to various formulas.
This bill would authorize the Sacramento County Board of
Supervisors to allocate up to $700,000 from fuel excise tax revenues
apportioned to Sacramento County or from other transportation funds
available to the county for the purpose of building a soundwall in
and around the Walerga Park area adjacent to State Route 80 in
Sacramento County.
(8) Existing law creates the Transportation Investment Fund, and
continuously appropriates the moneys in the fund for various
transportation purposes.
This bill would require all assets and liabilities of the
Transportation Investment Fund to become assets and liabilities of
the State Highway Account before June 30, 2016.
(9) Existing law authorizes the Department of Transportation to
issue Clean Renewable Energy Bonds for purposes of financing the
acquisition and installation of solar energy systems and related
appurtenances at facilities of the department. Existing law requires
the net proceeds of bonds issued under these provisions to be
deposited in the Clean Renewable Energy Bonds Subaccount in the
Special Deposit Fund. Existing law provides for the payment of debt
service on these bonds from a specified appropriation from the State
Highway Account.
This bill would require any remaining moneys in the Clean
Renewable Energy Bonds Subaccount to be transferred to the State
Highway Account by July 1, 2015.
(10) Existing law creates the Pedestrian Safety Account in the
State Transportation Fund, and provides for the Department of
Transportation to award pedestrian safety grants from appropriated
funds to local agencies on a competitive basis.
This bill would require all assets and liabilities of the
Pedestrian Safety Account to become assets and liabilities of the
State Highway Account before January 1, 2016. The bill would repeal
all provisions relating to the account on January 1, 2016.
(11) Existing law provides for the Department of Transportation
and certain other agencies to contract for intercity rail passenger
service with state funds appropriated for that purpose.
This bill, by April 1, 2016, would require the department to
prepare a report to the Legislature examining improvements to safety,
reduction of greenhouse gas emissions, and improvements to intercity
rail passenger service levels that could be achieved through
investments in improvements to grade level crossings or construction
of grade separation projects at key intersections along
state-sponsored intercity rail routes.
(12) Existing federal law, until September 30, 2017, authorizes a
state to allow specified labeled vehicles to use lanes designated for
high-occupancy vehicles (HOVs). Existing law authorizes the
Department of Transportation to designate certain lanes for the
exclusive use of HOVs. Under existing law, until January 1, 2019,
until federal authorization expires, or until the Secretary of State
receives a specified notice, those lanes may be used by certain
vehicles not carrying the requisite number of passengers otherwise
required for the use of an HOV lane, if the vehicle displays a valid
identifier issued by the Department of Motor Vehicles (DMV). Existing
law authorizes the DMV to issue no more than 70,000 of those
identifiers.
This bill would increase the number of those identifiers that the
DMV is authorized to issue to 85,000.
(13) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
(1) Existing law requires any new diversion of water from any
stream having populations of salmon and steelhead that is determined
by the Department of Fish and Wildlife to be deleterious to salmon
and steelhead to be screened by the owner of the diversion. Existing
law requires the department to submit to the owner its proposals as
to measures necessary to protect the salmon and steelhead within 30
days of receipt of a notice of a diversion of water from a stream
having populations of salmon and steelhead.
This bill would instead require the department, within 30 days of
providing written notice to the owner that the department has
determined that the diversion is deleterious to salmon and steelhead,
to submit to the owner its proposals as to measures necessary to
protect the salmon and steelhead.
(2) Existing law prohibits the construction or maintenance, in
certain fish and game districts, of any device or contrivance that
prevents, impedes, or tends to prevent or impede, the passing of fish
up and down stream. A violation of this provision is a misdemeanor.
This bill would impose an additional civil penalty of not more
than $8,000 for a violation of this provision.
(3) Existing law declares that the diversion or use of water other
than as authorized by specified provisions of law is a trespass.
Existing law authorizes the executive director of the State Water
Resources Control Board to issue a complaint to a person who violates
certain laws regarding the use and diversion of water, and subjects
the violator to administrative civil liability. Existing law requires
that the complaint be served by personal notice or certified mail
and inform the party served that the party may request a hearing not
later than 20 days from the date the party was served.
This bill would authorize the Director of the Department of Fish
and Wildlife, or his or her designee, to issue a complaint in
accordance with the above-specified provisions alleging that an
unauthorized diversion or use of water harms fish and wildlife
resources.
(4) Existing law prohibits a charter city from receiving or using
state funding or financial assistance for a construction project if
the city has a charter provision or ordinance that authorizes a
contractor to not comply with prevailing wage provisions on any
public works contract or if the city has awarded, within the prior 2
years, a public works contract without requiring the contractor to
comply with prevailing wage provisions, as specified. Existing law
authorizes charter cities to receive or use state funding or
financial assistance if the city has a local prevailing wage
ordinance, applicable to all of its public works contracts, that
includes requirements that are equal to or greater than the state's
prevailing wage requirements, as specified.
This bill would exempt from that prohibition funding and financial
assistance provided to a charter city in response to an emergency.
(5) Existing law provides various technical assistance
opportunities to disadvantaged communities for projects relating to
groundwater sustainability, clean drinking water, and water recycling
and advanced treatment water technology projects.
This bill would establish the Office of Sustainable Water
Solutions within the State Water Resources Control Board to promote
permanent and sustainable drinking water and wastewater treatment
solutions to ensure effective and efficient provision of safe, clean,
affordable, and reliable drinking water and wastewater treatment
services. The bill would authorize the office to take certain actions
in furtherance of this purpose.
(6) Existing law, the Porter-Cologne Water Quality Control Act,
authorizes the imposition and collection of civil and criminal
penalties for specified violations of that act. The act requires
certain moneys, including General Fund revenues of penalties,
collected pursuant to these provisions to be deposited in the State
Water Pollution Cleanup and Abatement Account in the State Water
Quality Control Fund. The act continuously appropriates the moneys in
the account to the State Water Resources Control Board for specified
cleanup programs.
The act authorizes the state board, upon application by a public
agency, specified tribal governments, or not-for-profit organizations
serving disadvantaged communities that have authority to clean up a
waste or abate the effects of a waste to order moneys in the account
to be paid to the entity to assist in cleaning up the waste or
abating its effects on waters.
This bill would, until July 1, 2018, additionally authorize the
state board to pay these moneys to a community water system that
serves a disadvantaged community and would authorize moneys in the
account to be used to assist in addressing an urgent drinking water
need. By authorizing new expenditures from a continuously
appropriated account, this bill would make an appropriation. The bill
would exempt projects using moneys paid pursuant to these provisions
from state contracting and procurement requirements, as specified,
and would authorize the state board to adopt guidelines for the
allocation and administration of moneys in the account that would be
exempt from the Administrative Procedure Act.
(7) Existing law establishes the CalConserve Water Use Efficiency
Revolving Fund and provides that the moneys in the fund are available
to the Department of Water Resources, upon appropriation by the
Legislature, for the purpose of water use efficiency projects.
Existing law requires moneys in the fund to be used for purposes that
include, but are not limited to, at or below market interest rate
loans to local agencies, as defined, and permits the department to
enter into agreements with local agencies that provide water or
recycled water service to provide loans.
Existing law, the Water Quality, Supply, and Infrastructure
Improvement Act of 2014, approved by the voters as Proposition 1 at
the November 4, 2014, statewide general election, authorizes the
issuance of general obligation bonds in the amount of $7,545,000,000
to finance a water quality, supply, and infrastructure improvement
program. The bond act provides that the sum of $810,000,000 is to be
available, upon appropriation by the Legislature, for expenditures
on, and competitive grants and loans to, projects that are included
in and implemented in an adopted integrated regional water management
plan and respond to climate change and contribute to regional water
security. The bond act authorizes the use of $100,000,000 of those
funds for direct expenditures, and for grants and loans, for certain
water conservation and water use efficiency plans, projects, and
programs.
This bill would transfer to the CalConserve Water Use Efficiency
Revolving Fund the sum of $10,000,000 of the proceeds of these bonds
for water conservation and water use efficiency projects and programs
to achieve urban water use targets. This bill would require the
department to use $5,000,000 for a pilot project for local agencies
to provide water efficiency upgrades to eligible residents. This bill
would require the department to use the other $5,000,000 for local
agencies to provide low-interest loans to customers to finance the
installation of onsite improvements to repair or replace, as
necessary, cracked or leaking water pipes to conserve water. The bill
would authorize the department to provide local agencies with
zero-interest loans of up to $3,000,000 and would require a local
agency that receives a loan pursuant to these provisions to exercise
reasonable efforts to recover the costs of the loan. The bill would
also authorize the department to waive up to 10% of the repayment
amount for costs that could not be recovered by a local agency.
(8) The State Contract Act generally provides for a contracting
process by state agencies for public works of improvement pursuant to
a competitive bidding process, under which bids are awarded to the
lowest responsible bidder, with specified alternative bidding
procedures authorized in certain cases.
Existing law, the California Emergency Services Act, sets forth
the emergency powers of the Governor under its provisions and
empowers the Governor to proclaim a state of emergency for certain
conditions, including drought. During a state of emergency, existing
law authorizes the Governor to suspend any regulatory statute, or
statute prescribing the procedure for conduct of state business, or
the orders, rules, or regulations of any state agency where the
Governor determines and declares that strict compliance with any
statute, order, rule, or regulation would in any way prevent, hinder,
or delay the mitigation of the effects of the emergency. Pursuant to
this authority, the Governor proclaimed a state of emergency, and a
continued state of emergency, due to drought conditions and suspended
certain statutes.
This bill would suspend the provisions of the Government Code and
the Public Contract Code applicable to state contracts for purposes
of state agencies implementing the Governor's orders proclaiming a
state of emergency as long as the state of emergency due to drought
conditions remains in effect. The bill would specify that these
suspensions only apply to contracts that respond to conditions
arising from the drought and that support the state agencies in
specified actions. The bill would require approval by the Department
of Finance prior to the execution of any contract entered into
pursuant to this provision and would require that certain information
relating to these contracts be posted on the California Drought
Internet Web site.
This bill would require an agency receiving moneys from one or
more sources as appropriated pursuant to Assembly Bill 91 or Senate
Bill 75 of the 2015-16 Regular Session to use the services of the
California Conservation Corps or a certified community conservation
corps, as defined, for restoration, ecosystem protection projects, or
other similar work.
(9) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 99314.6 of the
Public Utilities Code is amended to read:
99314.6. (a) Except as provided in Section 99314.7, the following
eligibility standards apply:
(1) Except as provided in paragraph (2), funds shall not be
allocated for operating purposes pursuant to Sections 99313 and 99314
to an operator unless the operator meets either of the following
efficiency standards:
(A) The operator's total operating cost per revenue vehicle hour
in the latest year for which audited data are available does not
exceed the sum of the preceding year's total operating cost per
revenue vehicle hour and an amount equal to the product of the
percentage change in the Consumer Price Index for the same period
multiplied by the preceding year's total operating cost per revenue
vehicle hour.
(B) The operator's average total operating cost per revenue
vehicle hour in the latest three years for which audited data are
available does not exceed the sum of the average of the total
operating cost per revenue vehicle hour in the three years preceding
the latest year for which audited data are available and an amount
equal to the product of the average percentage change in the Consumer
Price Index for the same period multiplied by the average total
operating cost per revenue vehicle hour in the same three years.
(2) The transportation planning agency, county transportation
commission, or the San Diego Metropolitan Transit Development Board,
as the case may be, shall adjust the calculation of operating costs
and revenue vehicle hours pursuant to paragraph (1) to account for
either or both of the following factors:
(A) Exclusion of costs increases beyond the change in the Consumer
Price Index for fuel; alternative fuel programs; power, including
electricity; insurance premiums and payments in settlement of claims
arising out of the operator's liability; or state or federal
mandates, including the additional operating costs required to
provide comparable complementary paratransit service as required by
Section 37.121 of Title 49 of the Code of Federal Regulations,
pursuant to the Americans with Disabilities Act of 1990 (42 U.S.C.
Sec. 12101 et seq.), as identified in the operator's paratransit plan
pursuant to Section 37.139 of Title 49 of the Code of Federal
Regulations.
(B) Exclusion of startup costs for new services for a period of
not more than two years.
(3) Funds withheld from allocation to an operator pursuant to
paragraph (1) shall be retained by the transportation planning
agency, county transportation commission, or the San Diego
Metropolitan Transit Development Board, as the case may be, for
reallocation to that operator for two years following the year of
ineligibility. In a year in which an operator's funds are allocated
pursuant to paragraph (1), funds withheld from allocation during a
preceding year shall also be allocated. Funds not allocated before
the commencement of the third year following the year of
ineligibility shall be reallocated to cost effective high priority
regional transit activities, as determined by the transportation
planning agency, county transportation commission, or the San Diego
Metropolitan Transit Development Board, as the case may be. If that
agency or commission, or the board, determines that no cost effective
high priority regional transit activity exists, the unallocated
funds shall revert to the Controller for reallocation.
(b) As used in this section, the following terms have the
following meanings:
(1) "Operating cost" means the total operating cost as reported by
the operator under the Uniform System of Accounts and Records,
pursuant to Section 99243 and subdivision (a) of Section 99247.
(2) "Revenue vehicle hours" has the same meaning as "vehicle
service hours," as defined in subdivision (h) of Section 99247.
(3) "Consumer Price Index," as applied to an operator, is the
regional Consumer Price Index for that operator's region, as
published by the United States Bureau of Labor Statistics. If a
regional index is not published, the index for the State of
California applies.
(4) "New service" has the same meaning as "extension of public
transportation services" as defined in Section 99268.8.
(c) The restrictions in this section do not apply to allocations
made for capital purposes.
(d) The exclusion of costs increases described in paragraph (2) of
subdivision (a) applies solely for the purpose of calculating an
operator's eligibility to claim funds pursuant to this section and
does not authorize an operator to report an operating cost per
revenue vehicle hour other than as described in this section and in
Section 99247, to any of the following entities:
(1) The Controller pursuant to Section 99243.
(2) The entity conducting the fiscal audit pursuant to Section
99245.
(3) The entity conducting the performance audit pursuant to
Section 99246.
(e) The restrictions in this section shall not apply to the
allocation of funds made pursuant to Sections 99313 and 99314 after
January 1, 2010, and through the 2014-15
2015-16 fiscal year.
SEC. 2. Section 185033.5 is added to the
Public Utilities Code , to read:
185033.5. On or before March 1, 2017, and every two years
thereafter, the authority shall provide a project update report,
approved by the Secretary of Transportation as consistent with the
criteria in this section, to the budget committees and the
appropriate policy committees of both houses of the Legislature, on
the development and implementation of intercity high-speed train
service pursuant to Section 185030. The report, at a minimum, shall
include a programwide summary, as well as details by project segment,
with all information necessary to clearly describe the status of the
project, including, but not limited to, all of the following:
(a) A summary describing the overall progress of the project.
(b) The baseline budget for all project phase costs, by segment or
contract, beginning with the California High-Speed Rail Program
Revised 2012 Business Plan.
(c) The current and projected budget, by segment or contract, for
all project phase costs.
(d) Expenditures to date, by segment or contract, for all project
phase costs.
(e) A comparison of the current and projected work schedule and
the baseline schedule contained in the California High-Speed Rail
Program Revised 2012 Business Plan.
(f) A summary of milestones achieved during the prior two-year
period and milestones expected to be reached in the coming two-year
period.
(g) Any issues identified during the prior two-year period and
actions taken to address those issues.
(h) A thorough discussion of risks to the project and steps taken
to mitigate those risks.
SEC. 3. Section 185035 of the Public
Utilities Code is amended to read:
185035. (a) The authority shall establish an independent peer
review group for the purpose of reviewing the planning, engineering,
financing, and other elements of the authority's plans and issuing an
analysis of appropriateness and accuracy of the authority's
assumptions and an analysis of the viability of the authority's
financing plan, including the funding plan for each corridor required
pursuant to subdivision (b) of Section 2704.08 of the Streets and
Highways Code.
(b) The peer review group shall include all of the following:
(1) Two individuals with education and experience in
the planning and construction or operation
of large transportation systems, such as
high-speed trains in Europe, Asia, or both,
rail, or highway systems with similar characteristics,
designated by the Treasurer.
(2) Two individuals, one with experience in engineering and
construction of high-speed trains rail or
similar large infrastructure projects and one with experience
in project planning and finance, designated by the
Controller.
(3) One representative from a financial services or financial
consulting firm who shall not have been a contractor or subcontractor
of the authority for the previous three years, designated by the
Director of Finance.
(4) One representative with experience in environmental planning,
designated by the Secretary of Transportation.
(5) Two expert representatives from agencies
individuals with experience providing or governing
intercity or commuter passenger train services in California,
designated by the Secretary of Transportation.
(c) The peer review group shall evaluate the authority's funding
plans and prepare its independent judgment as to the feasibility and
reasonableness of the plans, appropriateness of assumptions,
analyses, and estimates, and any other observations or evaluations it
deems necessary.
(d) The authority shall provide the peer review group any and all
information that the peer review group may request to carry out its
responsibilities.
(e) The peer review group shall report its findings and
conclusions to the Legislature no later than 60 days after receiving
the plans.
SEC. 4. Section 7104.4 of the Revenue
and Taxation Code is repealed.
7104.4. All remaining obligations of the Transportation
Investment Fund as of July 1, 2010, that cannot be funded with
resources in that fund shall become obligations of the State Highway
Account.
SEC. 5. Section 7104.4 is added to the
Revenue and Taxation Code , to read:
7104.4. (a) The State Highway Account in the State Transportation
Fund is the successor account to the Transportation Investment Fund.
(b) All assets and liabilities of the Transportation Investment
Fund shall become assets and liabilities of the State Highway Account
on or before June 30, 2016.
SEC. 6. Section 73.1 of the Streets and
Highways Code is amended to read:
73.1. The commission may relinquish any portion of
State Route 275 that has been agreed to by a city
, the Tower Bridge, to one or more cities in
which it is located , upon agreement of the city or cities to
accept it and pursuant to those terms the commission finds to
be in the best interest of the state. A relinquishment under this
section shall become effective upon the first day of the next
calendar or fiscal year, whichever occurs first, after the effective
date of the commission's approval of the terms.
SEC. 7. Section 73.2 is added to the
Streets and Highways Code , to read:
73.2. (a) State Route 275, the Tower Bridge, shall be deemed to
be in a state of good repair for purposes of relinquishment pursuant
to Section 73.1, provided that the bridge is not structurally
deficient and is rated as satisfactory pursuant to the National
Bridge Index.
(b) This section shall become inoperative on July 1, 2016, and, as
of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 8. Section 156.1 of the Streets
and Highways Code is amended to read:
156.1. (a) The Director of Transportation
shall prepare an annual report describing the status of the
department's progress in locating, assessing, and remediating
barriers to fish passage. This report shall be given to the
Legislature by October 31 of each year through the year
2020. 2025.
(b) Each report issued after October 31, 2016, shall include a
status report on the remediation of barriers to fish passage on
projects that have been identified pursuant to Section 156.5. The
status report shall include, but is not limited to, all of the
following information regarding a project identified pursuant to
Section 156.5:
(1) Any updated information received by the department from the
Department of Fish and Wildlife regarding the barriers to fish
passage on the project.
(2) Whether funding has been committed to the project.
(3) The source of any funding for the project.
(4) The budget summary of the project.
(5) The status of inspections of culverts to ensure they are
functioning properly and any other actions by the department to
assess or remediate barriers to fish passage on the project.
(6) The applicable program initiation document work plan review.
(7) The estimated completion date for the project.
SEC. 9. Section 156.5 is added to the
Streets and Highways Code , to read:
156.5. (a) The Department of Fish and Wildlife shall identify
projects described in this article that present the most significant
barriers to fish passage.
(b) The department shall prioritize and expedite the remediation
of barriers to fish passage on projects identified pursuant to
subdivision (a).
(c) For the 2015-16 fiscal year, the sum of five million dollars
($5,000,000) is hereby appropriated from the State Highway Account in
the State Transportation Fund to the Department of Transportation
for the identification and remediation of high-priority fish passages
consistent with this section and Section 156.1.
SEC. 10. Section 157.2 of the Streets
and Highways Code is amended to read:
157.2. (a) The net proceeds of bonds issued
under this article shall be deposited in the Clean Renewable Energy
Bonds Subaccount, which is hereby established as a special trust fund
in the Special Deposit Fund created pursuant to Section 16370 of the
Government Code.
(b) On or before July 1, 2015, any remaining moneys in the
subaccount shall be transferred to the State Highway Account in the
State Transportation Fund.
SEC. 11. Section 894.6 of the Streets
and Highways Code is amended to read:
894.6. (a) The Pedestrian Safety Account is
hereby established in the State Transportation Fund for expenditure
by the department, upon appropriation, for the purposes of funding
grants awarded pursuant to Section 894.7.
(b) All assets and liabilities of the Pedestrian Safety Account
shall become assets and liabilities of the State Highway Account
before January 1, 2016.
SEC. 12. Section 894.9 is added to the
Streets and Highways Code , to read:
894.9. This article shall remain in effect only until January 1,
2016, and as of that date is repealed.
SEC. 13. Section 2106.6 is added to the
Streets and Highways Code , to read:
2106.6. The Sacramento County Board of Supervisors may allocate
up to seven hundred thousand dollars ($700,000) from revenues
apportioned to Sacramento County pursuant to Sections 2103, 2104,
2105, and 2106, or from other transportation funds available to the
county, or from any combination of those funds, for the purpose of
building a soundwall in and around the Walerga Park area adjacent to
State Route 80 in Sacramento County.
SEC. 14. Section 5205.5 of the Vehicle
Code is amended to read:
5205.5. (a) For purposes of implementing Section 21655.9, the
department shall make available for issuance, for a fee determined by
the department to be sufficient to reimburse the department for the
actual costs incurred pursuant to this section, distinctive decals,
labels, and other identifiers that clearly distinguish the following
vehicles from other vehicles:
(1) A vehicle that meets California's super ultra-low emission
vehicle (SULEV) standard for exhaust emissions and the federal
inherently low-emission vehicle (ILEV) evaporative emission standard,
as defined in Part 88 (commencing with Section 88.101-94) of Title
40 of the Code of Federal Regulations.
(2) A vehicle that was produced during the 2004
model-year model year or earlier and meets
California's ultra-low emission vehicle (ULEV) standard for exhaust
emissions and the federal ILEV standard.
(3) A vehicle that meets California's enhanced advanced technology
partial zero-emission vehicle (enhanced AT PZEV) standard or
transitional zero-emission vehicle (TZEV) standard.
(b) The department shall include a summary of the provisions of
this section on each motor vehicle registration renewal notice, or on
a separate insert, if space is available and the summary can be
included without incurring additional printing or postage costs.
(c) The Department of Transportation shall remove individual HOV
lanes, or portions of those lanes, during periods of peak congestion
from the access provisions provided in subdivision (a), following a
finding by the Department of Transportation as follows:
(1) The lane, or portion thereof, exceeds a level of service C, as
discussed in subdivision (b) of Section 65089 of the Government
Code.
(2) The operation or projected operation of the vehicles described
in subdivision (a) in these lanes, or portions thereof, will
significantly increase congestion.
(3) The finding shall also demonstrate the infeasibility of
alleviating the congestion by other means, including, but not limited
to, reducing the use of the lane by noneligible vehicles or further
increasing vehicle occupancy.
(d) The State Air Resources Board shall publish and maintain a
listing of all vehicles eligible for participation in the programs
described in this section. The board shall provide that listing to
the department.
(e) (1) For purposes of subdivision (a), the Department of the
California Highway Patrol and the department, in consultation with
the Department of Transportation, shall design and specify the
placement of the decal, label, or other identifier on the vehicle.
Each decal, label, or other identifier issued for a vehicle shall
display a unique number, which number shall be
printed on, or affixed to, the vehicle registration.
(2) Decals, labels, or other identifiers designed pursuant to this
subdivision for a vehicle described in paragraph (3) of subdivision
(a) shall be distinguishable from the decals, labels, or other
identifiers that are designed for vehicles described in paragraphs
(1) and (2) of subdivision (a).
(f) (1) Except as provided in paragraph (2), for purposes of
paragraph (3) of subdivision (a), the department shall issue no more
than 70,000 85,000 distinctive decals,
labels, or other identifiers that clearly distinguish a vehicle
specified in paragraph (3) of subdivision (a).
(2) The department may issue a decal, label, or other identifier
for a vehicle that satisfies all of the following conditions:
(A) The vehicle is of a type identified in paragraph (3) of
subdivision (a).
(B) The owner of the vehicle is the owner of a vehicle for which a
decal, label, or other identifier described in paragraph (1) was
previously issued and that vehicle for which the decal, label, or
other identifier was previously issued is determined by the
department, on the basis of satisfactory proof submitted by the owner
to the department, to be a nonrepairable vehicle or a total loss
salvage vehicle.
(C) The owner of the vehicle applied for a decal, label, or other
identifier pursuant to this paragraph within six months of the date
on which the vehicle for which a decal, label, or other identifier
was previously issued is declared to be a nonrepairable vehicle or a
total loss salvage vehicle.
(g) If the Metropolitan Transportation Commission, serving as the
Bay Area Toll Authority, grants toll-free and reduced-rate passage on
toll bridges under its jurisdiction to a vehicle pursuant to Section
30102.5 of the Streets and Highways Code, it shall also grant the
same toll-free and reduced-rate passage to a vehicle displaying an
identifier issued by the department pursuant to paragraph (1) or (2)
of subdivision (a).
(h) (1) Notwithstanding Section 21655.9, and except as provided in
paragraph (2), a vehicle described in subdivision (a) that displays
a decal, label, or identifier issued pursuant to this section shall
be granted a toll-free or reduced-rate passage in high-occupancy toll
lanes as described in Section 149.7 of the Streets and Highways Code
unless prohibited by federal law.
(2) (A) Paragraph (1) does not apply to the imposition of a toll
imposed for passage on a toll road or toll highway, that is not a
high-occupancy toll lane as described in Section 149.7 of the Streets
and Highways Code.
(B) On or before March 1, 2014, paragraph (1) does not apply to
the imposition of a toll imposed for passage in lanes designated for
tolls pursuant to the federally supported value pricing and transit
development demonstration program operated pursuant to Section 149.9
of the Streets and Highways Code for State Highway Route 10 or 110.
(C) Paragraph (1) does not apply to the imposition of a toll
charged for crossing a state-owned bridge.
(i) If the Director of Transportation determines that federal law
does not authorize the state to allow vehicles that are identified by
distinctive decals, labels, or other identifiers on vehicles
described in subdivision (a) to use highway lanes or highway access
ramps for high-occupancy vehicles regardless of vehicle occupancy,
the Director of Transportation shall submit a notice of that
determination to the Secretary of State.
(j) This section shall become inoperative on January 1, 2019, or
the date the federal authorization pursuant to Section 166 of Title
23 of the United States Code expires, or the date the Secretary of
State receives the notice described in subdivision (i), whichever
occurs first, and, as of January 1, 2019, is repealed, unless a later
enacted statute, that becomes operative on or before January 1,
2019, deletes or extends the dates on which it becomes inoperative
and is repealed.
SEC. 15. Section 22352 of the Vehicle
Code is amended to read:
22352. The prima facie limits are as follows and shall be
applicable unless changed as authorized in this code and, if so
changed, only when signs have been erected giving notice thereof:
(a) Fifteen miles per hour:
(1) When traversing a railway grade crossing, if during the last
100 feet of the approach to the crossing the driver does not have a
clear and unobstructed view of the crossing and of any traffic on the
railway for a distance of 400 feet in both directions along the
railway. This subdivision does not apply in the case of any railway
grade crossing where a human flagman is on duty or a clearly visible
electrical or mechanical railway crossing signal device is installed
but does not then indicate the immediate approach of a railway train
or car.
(2) When traversing any intersection of highways if during the
last 100 feet of the driver's approach to the intersection the driver
does not have a clear and unobstructed view of the intersection and
of any traffic upon all of the highways entering the intersection for
a distance of 100 feet along all those highways, except at an
intersection protected by stop signs or yield right-of-way signs or
controlled by official traffic control signals.
(3) On any alley.
(b) Twenty-five miles per hour:
(1) On any highway other than a state highway, in any business or
residence district unless a different speed is determined by local
authority under procedures set forth in this code.
(2) When approaching or passing a school building or the grounds
thereof, contiguous to a highway and posted with a standard "SCHOOL"
warning sign, while children are going to or leaving the school
either during school hours or during the noon recess period. The
prima facie limit shall also apply when approaching or passing any
school grounds which are not separated from the highway by a fence,
gate, or other physical barrier while the grounds are in use by
children and the highway is posted with a standard "SCHOOL" warning
sign. For purposes of this subparagraph, standard "SCHOOL" warning
signs may be placed at any distance up to 500 feet away from school
grounds.
(3) When passing a senior center or other facility primarily used
by senior citizens, contiguous to a street other than a state highway
and posted with a standard "SENIOR" warning sign. A local authority
may erect a sign pursuant to this paragraph when the local agency
makes a determination that the proposed signing should be
implemented. A local authority may request grant funding from the
Pedestrian Safety Account Active
Transportation Program pursuant to Chapter 8 (commencing
with Section 894.7 2380) of Division 3
of the Streets and Highways Code, or any other grant funding
available to it, and use that grant funding to pay for the erection
of those signs, or may utilize any other funds available to it to pay
for the erection of those signs, including, but not limited to,
donations from private sources.
SEC. 16. Item 2665-306-6043 of Section 2.00 of the
Budget Act of 2012 (Chapter 21 of the Statutes
of 2012), as added by Section 9 of Chapter 152 of the
Statutes of 2012, is amended to read:
2665-306-6043--For capital outlay, High-
Speed Rail Authority, payable from the
High-Speed Passenger Train Bond Fund .... 2,609,076,000
Schedule:
(1) 20.01.010-Initial
Operating Segment,
Section 1-
-Acquisition and 2,609,076,00
Build............... 0
Provisions:
1. The project identified in this
item may be managed by the High-
Speed Rail Authority.
2. The expenditure of funds
appropriated in this item are
governed by Section 13332.19 of
the Government Code. The project
identified in this item is
subject to review and oversight
by the State Public Works Board.
The project may be implemented
using several design-build
contracts, each of which will
have its own set of performance
criteria or performance criteria
and concept drawings. Funds
appropriated for the build
portion of this project may only
be expended after the Department
of Finance and the State Public
Works Board have approved
performance criteria or
performance criteria and concept
drawings for the design-build
contract. These approvals may be
provided for each design-build
contract, from time to time, and
build funds associated with that
design-build contract may be
expended at that time.
3. Notwithstanding Section 1.80,
the appropriation made in this
item is available for
encumbrance until June 30, 2018.
4. On or before March 1 and
November 15 of each year for
which funding appropriated in
this item is encumbered, the
High-Speed Rail Authority shall
provide a Project Update Report
approved, as consistent with the
criteria in this provision, by
the Secretary of Business,
Transportation and Housing
to the budget committees and the
appropriate policy committees of
both houses of the Legislature
on the development and
implementation of intercity high-
speed train service pursuant to
Section 185030 of the Public
Utilities Code. The report, at a
minimum, shall include a
programwide summary, as well as
details by project segment, with
all information necessary to
clearly describe the status of
the project, including, but not
limited to, all of the following:
(a) A summary describing the
overall progress of the
project.
(b) The baseline budget for
all project phase costs,
by segment or contract,
beginning with the
California High-
Speed Rail Program
Revised 2012 Business
Plan.
(c) The current and
projected budget, by
segment or contract, for
all project phase costs.
(d) Expenditures to date, by
segment or contract, for
all project phase costs.
(e) A comparison of the
current and projected
work schedule and the
baseline schedule
contained in the
California High-Speed
Rail Program Revised
2012 Business Plan.
(f) A summary of milestones
achieved during the
prior year and
milestones expected to
be reached in the coming
year.
(g) Any issues identified
during the prior year
and actions taken to
address those issues.
(h) A thorough discussion of
various risks to the
project and steps taken
to mitigate those risks.
5. (a) With respect to
contracts scheduled to
be awarded in December
2012 to commence
construction of the
first construction
segment of the initial
operating section of the
high-speed rail system,
as described in the
California High-Speed
Rail Program Revised
2012 Business Plan
adopted by the authority
on April 12, 2012
(revised business plan),
the authority shall
submit the following
reports approved, as
consistent with the
criteria in this
provision, by the
Secretary of Business,
Transportation and
Housing to the Senate
Committee on
Transportation and
Housing, the Assembly
Committee on
Transportation, and the
Senate and Assembly
committees on budget:
(1) By October 1, 2012,
prior to awarding a
contract to
commence
construction of the
first construction
segment or
committing funds
for the contract,
and prior to
advertising
contracts to be
awarded for the
first construction
segment in
September 2013 and
October 2013, a
comprehensive staff
management report
that includes:
(i) An organizational
chart for the
authority, detailed
description of each
executive manager's
function and
responsibilities,
summary of staffing
changes in the
preceding year, a
strategy for
filling vacancies
and the recruitment
and staffing plans
for the 2012-13
fiscal year.
(ii) The management
approach, including
number, skill
level, position,
and hiring and
retention plan of
staff and outside
consultants
required to
adequately oversee
each of the planned
construction
contracts funded in
this act.
(iii Proposed steps and
) procedures that
will be employed to
ensure adequate
oversight and
management of
contractors
involved in the
construction
contracts funded in
this act.
(iv) Procedures to
detect and prevent
contract splitting.
(2) Prior to awarding a
contract to
commence
construction of the
first construction
segment, a report
certifying that the
amount awarded
under the contract
is within the
budgeted funding
and is consistent
with the completion
schedule deadlines
set by the federal
Department of
Transportation.
(b) Each of the reports
required pursuant to
subdivision (a) for the
contracts described in
that subdivision shall
also be required with
respect to the contract
scheduled to be awarded
in March 2017. The
authority shall submit
the reports for those
contracts no later than
60 days prior to
advertising for bids on
each contract.
7. Sixty days prior to awarding the
contracts scheduled to be
awarded in December 2012 to
commence construction of the
first construction segment of
the initial operating section,
the High-Speed Rail Authority
shall fill the positions of
chief executive officer, risk
manager, chief program manager,
and chief financial officer and
report those hiring to the Joint
Legislative Budget Committee.
8. Prior to awarding the contracts
scheduled to be awarded in
December 2012 to commence
construction of the first
construction segment of the
initial operating section, the
High-Speed Rail Authority shall
prepare and submit a report
approved, as consistent with the
criteria in this provision, by
the Secretary of Business,
the Secretary of Transportation and
Housing to
t o t he Senate Committee on
Transportation and Housing, the
Assembly Committee on
Transportation, and the Senate
and Assembly committees on
budget detailing elements of
risk in the high-speed rail
project, including all of the
following:
(a) A comprehensive risk
management plan that
defines roles and
responsibilities for
risk management and
addresses the process by
which the authority will
identify and quantify
project risks, implement
and track risk response
activities, and monitor
and control risks
throughout the duration
of each project.
(b) Quantification of the
effect of identified
risks in financial terms.
(c) Development documents to
track identified risks
and related mitigation
steps.
(d) Plans for regularly
updating its estimates
of capital and support
costs.
(e) Plans for regularly
reassessing its reserves
for potential claims and
unknown risks,
incorporating
information related to
risks identified and
quantified through its
risk assessment
processes.
(f) Plans for regularly
integrating estimates
for capital, support
costs, and contingency
reserves in required
reports.
9. The High-Speed Rail Authority
shall, as part of its January 1,
2014, Business Plan, include: a
proposed approach for improving
(a) demand projections, (b)
operations and maintenance cost
models, and (c) benefit-cost
analysis as applied to future
project decisions. The authority
shall also submit a copy of the
study by the Union
Internationale des Chemins de
Fer (the international union of
railways) examining how the
authority's estimated operating
costs for high-speed rail
compare to high-speed rail
systems in other countries.
These business plan
components approved, as
consistent with the criteria in
this provision, by the Secretary
of Business, Transportation and
Housing shall be based on
of Transportation shall be based
on recommendations of the
authority's peer review panel,
advice from the domestic and
international rail community,
and external academic review.
10. On or before June 30, 2013, the
High-Speed Rail Authority shall
prepare and submit a report
approved, as consistent with the
criteria in this provision, by
the Secretary of Business,
the Secretary of Transportation and
Housing that
that provides an analysis of the net
net impact of the high-speed rail
rail program on the state's
greenhouse gas emissions. The
report shall be submitted to the
Senate Committee on
Transportation and Housing, the
Assembly Committee on
Transportation, and the Senate
and Assembly committees on
budget.
11. Within 10 days of executing a
valid memorandum of
understanding (MOU) with
regional transportation agencies
relative to the Northern
California Unified Service, the
High-Speed Rail Authority shall
make a copy of the MOU available
to the Senate Committee on
Transportation and Housing, the
Assembly Committee on
Transportation, and the Senate
and Assembly committees on
budget.
12. The safeguards and oversight
rules and processes of Sections
13332.11 or 13332.19 of the
Government Code, as appropriate,
shall apply to the High-Speed
Rail Authority.
13. The funds appropriated in this
item shall only be made
available for expenditure upon
the enactment of an
appropriation of $106,000,000 in
Item 2660-304-6043, an
appropriation of $713,333,000 in
Item 2660-104-6043 for
""Connectivity'' funding, and an
appropriation of $1,100,000,000
in Item 2665-104-6043 for
""Bookend'' funding, as
articulated in the 2012 High-
Speed Rail Authority Final
Business Plan.
SEC. 17. The Department of Transportation shall
prepare a report examining improvements to safety, reduction of
greenhouse gas emissions, and improvements to intercity rail
passenger service levels that could be achieved through investments
in improvements to grade level crossings or construction of grade
separation projects at key intersections along state-sponsored
intercity rail routes. For purposes of this report, "key
intersections" means intersections identified in the Federal Railroad
Administration's Web Accident Prediction System with a predicted
collision risk of 0.15 or greater. The report shall be provided to
the Legislature on or before April 1, 2016, in the manner provided in
Section 9795 of the Government Code.
SEC. 18. This act is a bill providing for
appropriations related to the Budget Bill within the meaning of
subdivision (e) of Section 12 of Article IV of the California
Constitution, has been identified as related to the budget in the
Budget Bill, and shall take effect immediately.
SECTION 1. Section 6100 of the Fish and Game
Code is amended to read:
6100. (a) Notwithstanding any provision of Article 3 (commencing
with Section 5980) and Article 4 (commencing with Section 6020), on
or after January 1, 1972, any new diversion of water from any stream
having populations of salmon and steelhead that is determined by the
department to be deleterious to salmon and steelhead shall be
screened by the owner. The construction, operation, or maintenance
costs of any screen required pursuant to this article shall be borne
by the owner of the diversion.
(b) The department, within 30 days of providing written notice to
the owner that the department has determined that the diversion is
deleterious to salmon and steelhead pursuant to subdivision (a), or
within the time determined by mutual written agreement, shall submit
to the owner its proposals as to measures necessary to protect the
salmon and steelhead. The department shall notify the owner that it
shall make onsite investigation and shall make any other
investigation before it shall propose any measures necessary to
protect fishlife.
(c) The department, or any agency of the state, shall provide the
owner of the diversion any available information that is required by
the owner in order to comply with the provisions of this article.
(d) The diversion shall not commence until the department has
determined that measures necessary to protect fishlife have been
incorporated into the plans and construction of the diversion.
SEC. 2. Section 12025.1 is added to the Fish and
Game Code, to read:
12025.1. (a) In addition to any penalties imposed by any other
law, a person found to have violated Section 5901 shall be liable for
a civil penalty of not more than eight thousand dollars ($8,000) for
each violation. Each day that a violation of Section 5901 occurs or
continues without a good faith effort by the person to cure the
violation after receiving notice from the department shall constitute
a separate violation.
(b) All civil penalties imposed or collected by a court for a
separate violation pursuant to this section in connection with the
production or cultivation of a controlled substance shall not be
considered to be fines or forfeitures, as described in Section 13003,
and shall be apportioned in the manner described in subdivision (d)
of Section 12025.
(c) All civil penalties imposed or collected by a court for a
separate violation pursuant to this section not in connection with
the production or cultivation of a controlled substance shall not be
considered to be fines or forfeitures, as described in Section 13003,
and shall be apportioned in the following manner:
(1) Thirty percent shall be distributed to the county in which the
violation was committed pursuant to Section 13003. The county board
of supervisors shall first use any revenues from those penalties to
reimburse the costs incurred by the district attorney or city
attorney in investigating and prosecuting the violation.
(2) (A) Thirty percent shall be distributed to the investigating
agency to be used to reimburse the cost of any investigation directly
related to the violations described in this section.
(B) If the department receives reimbursement pursuant to this
paragraph for activities funded pursuant to subdivision (f) of
Section 4629.6 of the Public Resources Code, the reimbursement funds
shall be deposited into the Timber Regulation and Forest Restoration
Fund, created by Section 4629.3 of the Public Resources Code, if
there is an unpaid balance for a loan authorized by subdivision (f)
of Section 4629.6 of the Public Resources Code.
(3) Forty percent shall be deposited into the Fish and Game
Preservation Fund.
(d) (1) Civil penalties authorized pursuant to subdivision (a) may
be imposed administratively by the department according to the
procedures described in paragraphs (1) through (4), inclusive, of
subdivision (e) of Section 12025.
(2) The department shall adopt emergency regulations to implement
this subdivision in accordance with the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code). The adoption of these regulations
shall be deemed to be an emergency and necessary for the immediate
preservation of the public peace, health and safety, or general
welfare.
(e) All administrative penalties imposed or collected by the
department for a separate violation pursuant to this section in
connection with the production or cultivation of a controlled
substance shall not be considered to be fines or forfeitures, as
described in Section 13003, and shall be deposited according the
provisions of subdivision (f) of Section 12025.
(f) All administrative penalties imposed or collected by the
department for a separate violation pursuant to this section not in
connection with the production or cultivation of a controlled
substance shall not be considered to be fines or forfeitures, as
described in Section 13003, and shall be deposited into the Timber
Regulation and Forest Restoration Fund, created by Section 4629.3 of
the Public Resources Code, to repay any unpaid balance of a loan
authorized by subdivision (f) of Section 4629.6 of the Public
Resources Code. Any remaining funds from administrative penalties
collected pursuant to this subdivision shall be apportioned in the
following manner:
(1) Fifty percent shall be deposited into the Fish and Game
Preservation Fund.
(2) Fifty percent shall be deposited into the Timber Regulation
and Forest Restoration Fund for grants authorized pursuant to
subdivision (h) of Section 4629.6 of the Public Resources Code.
(g) For purposes of this section, "controlled substance" has the
same meaning as defined in Section 11007 of the Health and Safety
Code.
SEC. 3. Section 12025.2 is added to the Fish
and Game Code, to read:
12025.2. The director or his or her designee may issue a
complaint to any person or entity in accordance with Section 1055 of
the Water Code alleging a violation of Section 1052 of the Water Code
that harms fish and wildlife resources. The complaint is subject to
the substantive and procedural requirements set forth in Section 1055
of the Water Code, and the department shall be designated a party to
any proceeding before the State Water Resources Control Board
regarding a complaint filed pursuant to this section.
SEC. 4. Section 8687.9 is added to the
Government Code, to read:
8687.9. Funding and financial assistance provided to local
governments in response to an emergency, as that term is used in
Section 8558, is not subject to the eligibility restrictions of
Section 1782 of the Labor Code.
SEC. 5. Section 4629.6 of the Public Resources
Code is amended to read:
4629.6. Moneys deposited in the fund shall, upon appropriation by
the Legislature, only be expended for the following purposes:
(a) To reimburse the State Board of Equalization for its
administrative costs associated with the administration, collection,
audit, and issuance of refunds related to the lumber products and
engineered wood assessment established pursuant to Section 4629.5.
(b) To pay refunds issued pursuant to Part 30 (commencing with
Section 55001) of Division 2 of the Revenue and Taxation Code.
(c) To support the activities and costs of the department, the
Department of Conservation, the Department of Fish and Wildlife, the
State Water Resources Control Board, and regional water quality
control boards associated with the review of projects or permits
necessary to conduct timber operations. On or after July 1, 2013,
except for fees applicable for fire prevention or protection within
state responsibility area classified lands or timber yield
assessments, no currently authorized or required fees shall be
charged by the agencies listed in this subdivision for activities or
costs associated with the review of a project, inspection and
oversight of projects, and permits necessary to conduct timber
operations of those departments and boards.
(d) For transfer to the department's Forest Improvement Program,
upon appropriation by the Legislature, for forest resources
improvement grants and projects administered by the department
pursuant to Chapter 1 (commencing with Section 4790) and Chapter 2
(commencing with Section 4799.06) of Part 2.5 of Division 4.
(e) To fund existing restoration grant programs, with priority
given to the Fisheries Restoration Grant Program administered by the
Department of Fish and Wildlife and grant programs administered by
state conservancies.
(f) (1) As a loan to the Department of Fish and Wildlife for
activities to address environmental damage occurring on forest lands
resulting from marijuana cultivation. Not more than five hundred
thousand dollars ($500,000) may be loaned from the fund in a fiscal
year pursuant to this paragraph. This paragraph shall become
inoperative on July 1, 2017.
(2) Any funds deposited into the Timber Regulation and Forest
Restoration Fund pursuant to subdivision (d) or (f) of Section 12025
or subdivision (b), (c), (e), or (f) of Section 12025.1 of the Fish
and Game Code shall be credited toward loan repayment.
(3) Moneys from the General Fund shall not be used to repay a
loan authorized pursuant to this subdivision.
(g) To the department, upon appropriation by the Legislature, for
fuel treatment grants and projects pursuant to authorities under the
Wildland Fire Protection and Resources Management Act of 1978
(Article 1 (commencing with Section 4461) of Chapter 7 of Part 2 of
Division 4).
(h) To the department, upon appropriation by the Legislature, to
provide grants to local agencies responsible for fire protection,
qualified nonprofits, recognized tribes, local and state governments,
and resources conservation districts, undertaken on a state
responsibility area (SRA) or on wildlands not in an SRA that pose a
threat to the SRA, to reduce the costs of wildland fire suppression,
reduce greenhouse gas emissions, promote adaptation of forested
landscapes to changing climate, improve forest health, and protect
homes and communities.
SEC. 6. Section 189 is added to the Water Code,
to read:
189. (a) There is hereby established the Office of Sustainable
Water Solutions within the state board, which may be administered by
the state board as a separate organizational unit or within the state
board's divisions or offices.
(b) The purpose of the office is to promote permanent and
sustainable drinking water and wastewater treatment solutions to
ensure the effective and efficient provision of safe, clean,
affordable, and reliable drinking water and wastewater treatment
services. In furtherance of this purpose, the office may take, but is
not limited to, all of the following actions:
(1) Coordinating with and providing assistance to small drinking
water systems, wastewater treatment systems, and disadvantaged
communities without drinking water or wastewater treatment systems.
(2) Promoting and facilitating regional drinking water and
wastewater projects.
(3) Promoting and facilitating regional solutions, including
consolidation of existing water districts, expansion of existing
water districts to serve communities unserved by public water systems
and wastewater treatment systems, and extension of services to
underserved communities and disadvantaged communities.
(4) Advancing the delivery of affordable, safe drinking water to
disadvantaged communities throughout the state.
(5) Providing technical assistance to disadvantaged communities
and small drinking water systems and wastewater systems, including
grant application assistance, outreach and education in vulnerable
communities, financial management support, and facilitation of
discussions within and between communities.
SEC. 7. Section 13442 of the Water Code is
amended to read:
13442. (a) Upon application by an eligible entity, as described
in subdivision (b), the state board may approve the payment of moneys
from the account to that entity to assist in cleaning up a waste,
abating the effects of a waste on waters of the state, or addressing
an urgent drinking water need without regard to whether the need for
drinking water is a result of the discharge of waste.
(b) An entity is eligible to apply for funding pursuant to this
section if that entity has authority to undertake the activity for
which it seeks moneys and the entity is any of the following:
(1) A public agency.
(2) A tribal government that is on the California Tribal
Consultation List maintained by the Native American Heritage
Commission and is a disadvantaged community, as defined in Section
79505.5, that agrees to waive tribal sovereign immunity for the
explicit purpose of regulation by the state board pursuant to this
division.
(3) A not-for-profit organization serving a disadvantaged
community, as defined in Section 79505.5.
(4) A community water system, as defined in Section 116275 of the
Health and Safety Code, that serves a disadvantaged community, as
defined in Section 79505.5.
(c) An eligible entity shall not become liable to the state board
for repayment of moneys paid to the entity under this section and
expended in accordance with the state board's approval of payment,
but this shall not be a defense to an action brought pursuant to
subdivision (c) of Section 13304 for the recovery of moneys paid
under this section.
(d) Projects using moneys that are paid to an eligible entity
pursuant to this section shall be exempt from state contracting and
procurement requirements set forth in the Government Code and the
Public Contract Code to the extent necessary to take immediate action
to protect public health and safety.
(e) The state board may adopt guidelines for the allocation and
administration of these moneys that shall not be subject to Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code.
(f) This section shall become inoperative on July 1, 2018, and, as
of January 1, 2019, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2019, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 8. Section 13442 is added to the Water
Code, to read:
13442. (a) Upon application by a public agency, a tribal
government that is on the California Tribal Consultation List
maintained by the Native American Heritage Commission and is a
disadvantaged community, as defined in Section 79505.5, that agrees
to waive tribal sovereign immunity for the explicit purpose of
regulation by the state board pursuant to this division, or a
not-for-profit organization serving a disadvantaged community, as
defined in Section 79505.5, with authority to clean up a waste or
abate the effects of a waste, the state board may order moneys to be
paid from the account to the agency, tribal government, or
organization to assist it in cleaning up the waste or abating its
effects on waters of the state.
(b) The agency, a tribal government that is on the California
Tribal Consultation List maintained by the Native American Heritage
Commission and is a disadvantaged community, as defined in Section
79505.5, that agrees to waive tribal sovereign immunity for the
explicit purpose of regulation by the state board pursuant to this
division, or a not-for-profit organization serving a disadvantaged
community, as defined in Section 79505.5, shall not become liable to
the state board for repayment of moneys paid under this section, but
this shall not be a defense to an action brought pursuant to
subdivision (c) of Section 13304 for the recovery of moneys paid
under this section.
(c) This section shall become operative on July 1, 2018.
SEC. 9. Section 81023 is added to the Water
Code, to read:
81023. Consistent with Division 26.7 (commencing with Section
79700), the sum of ten million dollars ($10,000,000) of the proceeds
of bonds authorized to be issued and available for the purposes of
Section 79746 shall be transferred to the fund and used by the
department, upon appropriation, for loans for the following water
conservation and water use efficiency projects and programs to
achieve urban water use targets developed pursuant to Section
10608.20:
(a) (1) Five million dollars ($5,000,000) for a pilot project for
local agencies to provide water efficiency upgrades to eligible
residents at no upfront cost.
(2) Five million dollars ($5,000,000) for local agencies to
provide low-interest loans to customers to finance the installation
of onsite improvements to repair or replace, as necessary, cracked or
leaking water pipes to conserve water.
(b) The department may implement this section by providing to a
local agency a zero-interest loan of up to three million dollars
($3,000,000).
(c) A local agency that receives a loan pursuant to this section
shall exercise reasonable efforts to recover the costs of the loan.
However, the department may waive up to 10 percent of the repayment
amount for costs that could not be recovered by the local agency.
(d) The department and a local agency that is an urban retail
water supplier and that receives a loan pursuant to this section may
enter into a mutually agreeable schedule for making loan repayments
into the CalConserve Water Use Efficiency Revolving Fund.
SEC. 10. Section 81046 of the Water Code is
amended to read:
81046. A local agency may implement water use efficiency loan
programs pursuant to this division through on-bill financing.
SEC. 11. (a) In order to ensure that equipment
and services necessary for drought response can be procured quickly,
the provisions of the Government Code and the Public Contract Code
applicable to state contracts, including, but not limited to,
advertising and competitive bidding requirements, are suspended for
purposes of state agencies implementing Executive Order B-28-14 and
the proclamations of a state of emergency dated January 17, 2014, and
April 25, 2014, as long as the state of emergency due to drought
conditions remains in effect.
(b) The suspensions provided in subdivision (a) apply only to
contracts that respond to conditions arising from the drought and
that support the state agencies in any of the following:
(1) Addressing impacts on human health and safety, including
providing or improving availability of food, water, or shelter.
(2) Addressing impacts on fish and wildlife resources.
(3) Providing water to persons or communities affected by the
drought.
(c) Approval by the Department of Finance is required prior to the
execution of any contract entered into pursuant to this section.
(d) Information related to a contract approved pursuant to this
section shall be posted on the California Drought Internet Web site,
including identification of the contracting agency, the contractor,
the contract amount, the contract duration, and a brief description
of the goods or services provided under the contract.
SEC. 12. An agency receiving moneys from one or
more sources as appropriated pursuant to either Assembly Bill 91 or
Senate Bill 75 of the 2015-16 Regular Session shall use, whenever
feasible, the services of the California Conservation Corps or a
certified community conservation corps, as defined under Section
14507.5 of the Public Resources Code, for restoration, ecosystem
protection projects, or other similar work.
SEC. 13. This act is a bill providing for
appropriations related to the Budget Bill within the meaning of
subdivision (e) of Section 12 of Article IV of the California
Constitution, has been identified as related to the budget in the
Budget Bill, and shall take effect immediately.
