BILL NUMBER: AB 427 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 29, 2011
AMENDED IN ASSEMBLY MARCH 29, 2011
INTRODUCED BY Assembly Member John A. Pérez
FEBRUARY 14, 2011
An act to amend Sections 8879.57 and 8879.61 of the Government
Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 427, as amended, John A. Pérez. Transportation bond funds:
transit system safety.
Existing law, the Highway Safety, Traffic Reduction, Air Quality,
and Port Security Bond Act of 2006, authorizes the issuance of
$19.925 billion of general obligation bonds for specified purposes.
Existing law requires the deposit of $1 billion of the bond proceeds
in the Transit System Safety, Security, and Disaster Response Account
to be used, upon appropriation, for capital projects that provide
increased protection against a security and safety threat, and for
capital expenditures to increase the capacity of transit operators to
develop disaster response transportation systems that can move
people, goods, and emergency personnel and equipment in the aftermath
of a disaster impairing that movement. Existing law designates the
California Emergency Management Agency as the administrative agency
for this account and requires the allocation of 60% of the funds in
the account for capital expenditures to transportation
planning agencies, county transportation commissions, and certain
other transit-related agencies, as specified transit
operators and other transportation agencies using the allocation
formulas applicable to the State Transit Assistance Program ,
and 15% of the funds for capital expenditures to specified intercity
passenger rail systems and commuter rail systems. Existing law
requires allocation of the 60% share of funds based on 2
different formulas also used for the State Transit Assistance
program, with 50% of available funds allocated based on population
and the remaining 50% based on operator revenue. Existing law
provides that operators entities that
receive those bond funds from the
15% share for intercity passenger rail systems and commuter
rail systems are not eligible for those the
60% share of funds designated for capital expenditures
of transportation planning agencies, county transportation
commissions, and other specified transit-related agencies .
This bill would instead authorize operators that receive
funds from the account for intercity passenger rail systems and
commuter rail systems to also be eligible for funds designated for
capital expenditures of transportation planning agencies, county
transportation commissions, and other specified transit-related
agencies provide that commuter rail operators eligible
to receive State Transit Assistance funds are also eligible to
receive funds from the 60% share of Transit System Safety, Security,
and Disaster Response Account funds. The bill would require funds
that otherwise would be allocated based on
operator revenue for the Southern California Regional Rail Authority
(SCRRA) to be allocated to the applicable county transportation
commission. The bill would authorize the applicable commission to
allocate those funds to eligible purposes, including eligible
projects of the SCRRA, or to suballocate those funds to the SCRRA.
This bill would delete the provision making intercity and commuter
rail entities receiving bond funds from the 15% share of funds
ineligible for the 60% share of funds . The
The bill would require an entity eligible to receive
allocations of any of those funds to submit a document within a
specified time to the California Emergency Management Agency that
indicates the intent to use the funds and would, if the document is
not submitted, authorize the California Emergency Management Agency
to reallocate the funds. The bill would require the California
Emergency Management Agency to notify a transportation planning
agency if funds allocated to an entity within the region of the
transportation planning agency are being reallocated and, if the
transportation planning agency provides a document to the California
Emergency Management Agency indicating its intent to distribute the
funds to transit operators or rail operators, would require the funds
to be allocated to the transportation planning agency. The bill
would authorize the California Emergency Management Agency to
allocate the funds on a competitive basis to an eligible entity in a
different region of the state if the transportation planning agency
does not receive an allocation to distribute funds to
transit operators and rail operators provide the
required documentation , as specified.
The bill would require the California Emergency Management Agency,
by May 1 of each year, to report to specified committees of the
Legislature and to the Legislative Analyst's Office with specified
information regarding projects selected for funding from the account,
including a list of transit entities that have not used those
allocated funds.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8879.57 of the Government Code is amended to
read:
8879.57. Funds made available, upon appropriation of the
Legislature, from the Transit System Safety, Security, and Disaster
Response Account, created in subdivision (h) of Section 8879.23,
shall be allocated as follows:
(a) (1) Sixty percent of available funds shall be allocated for
capital expenditures to agencies and transit operators eligible to
receive State Transit Assistance funds pursuant to
using the formula in Sections 99313 and 99314 of the
Public Utilities Code , including commuter rail
operators eligible to receive State Transit Assistance funds .
Of these funds, 50 percent shall be allocated to eligible agencies
using the formula in Section 99314 of the Public Utilities Code, and
50 percent shall be allocated to eligible agencies using the formula
in Section 99313 of the Public Utilities Code, subject to the
provisions governing funds allocated under those sections. Funds
allocated to the Metropolitan Transportation Commission
pursuant to using the formula in Section 99313
of the Public Utilities Code shall be suballocated to transit
operators within its jurisdiction pursuant to
using the formula in Section 99314 of the Public Utilities
Code. In the region served by the multicounty transportation
planning agency described in Section 130004 of the Public Utilities
Code, funds that are to be allocated using the formula in Sec
tion 99314 of the Public Utilities Code for the Southern
California Regional Rail Authority shall be allocated to the
applicable county transportation commission in each county served by
the authority within that region. The county transportation
commission, subject to the applicable provisions governing funds
allocated under that section that are consistent with this
section, shall use or allocate the funds for eligible capital
expenditures as described in paragraph (2), including, but not
limited to, eligible expenditures on the system of the Southern
California Regional Rail Authority. The county transportation
commission may suballocate these funds to the Southern California
Regional Rail Authority for those purposes.
(2) Eligible capital expenditures shall include either of the
following:
(A) A capital project that provides increased protection against a
security or safety threat, including, but not limited to, the
following:
(i) Construction or renovation projects that are designed to
enhance the security of public transit stations, tunnels, guideways,
elevated structures, or other transit facilities and equipment.
(ii) Explosive device mitigation and remediation equipment.
(iii) Chemical, biological, radiological, and nuclear explosives
search, rescue, or response equipment.
(iv) Interoperable communications equipment.
(v) Physical security enhancement equipment.
(vi) The installation of fencing, barriers, gates, or related
security enhancements that are designed to improve the physical
security of transit stations, tunnels, guideways, elevated
structures, or other transit facilities and equipment.
(vii) Other safety- or security-related projects
approved by the California Emergency Management Agency.
(B) Capital expenditures to increase the capacity of transit
operators to develop disaster response transportation systems that
can move people, goods, and emergency personnel and equipment in the
aftermath of a disaster impairing the mobility of goods, people, and
equipment.
(b) (1) Twenty-five percent of available funds shall be allocated
for capital expenditures to regional public waterborne transit
agencies authorized to operate a regional public water transit
system, including the operation of water transit vessels, terminals,
and feeder buses, and not otherwise eligible to receive State Transit
Assistance funds as of the effective date of this article. Funds
shall be allocated for eligible capital expenditures that enhance the
capacity of regional public waterborne transit agencies to provide
disaster response transportation systems that can move people, goods,
and emergency personnel and equipment in the aftermath of a disaster
or emergency.
(2) Eligible capital expenditures include, but are not limited to,
the construction or acquisition of new vessels, the capital
improvement or construction of docks, terminals, or other waterborne
transit facilities, the purchase of related equipment, and the
construction of fueling facilities. A project shall (A) provide
capital facilities and equipment to a regional public waterborne
transit system that enhances the ability of the system to respond to
a regional emergency, (B) be included in a regional plan, including,
but not limited to, a regional plan for waterborne transit expansion
or disaster response preparedness, and (C) provide maximum
flexibility in responding to disasters or emergencies.
(c) (1) Fifteen percent of available funds shall be made available
for capital expenditures to the intercity passenger rail system
described in Section 14035 and to the commuter rail systems operated
by the entities specified in Section 14072 and in Section 99314.1 of
the Public Utilities Code.
(2) Eligible capital expenditures shall include either of the
following:
(A) A capital project that provides increased protection against a
security or safety threat, including, but not limited to, the
following:
(i) Construction or renovation projects that are designed to
enhance the security of public transit stations, tunnels, guideways,
elevated structures, or other transit facilities and equipment.
(ii) Explosive device mitigation and remediation equipment.
(iii) Chemical, biological, radiological, and nuclear explosives
search, rescue, or response equipment.
(iv) Interoperable communications equipment.
(v) Physical security enhancement equipment.
(vi) The installation of fencing, barriers, gates, or related
security enhancements that are designed to improve the physical
security of transit stations, tunnels, guideways, elevated
structures, or other transit facilities and equipment.
(vii) Other safety- or security-related projects
approved by the California Emergency Management Agency.
(B) Capital expenditures to increase the capacity of transit
operators to develop disaster response transportation systems that
can move people, goods, and emergency personnel and equipment in the
aftermath of a disaster impairing the mobility of goods, people, and
equipment.
(d) (1) An entity that is eligible to receive funds pursuant to
subdivision (a) or (c) shall, within 45 days of the date the
Controller makes public the list of eligible recipients pursuant to
Section 8879.58, provide a document to the California Emergency
Management Agency that indicates the intent to use those funds. If
the entity does not submit the document required under this
paragraph, the funds allocated to the entity pursuant to subdivision
(a) or (c) shall be reallocated by the California Emergency
Management Agency in accordance with paragraph (2). This paragraph
also applies to transit operators receiving a suballocation from a
transportation planning agency, in which case the operator rather
than the transportation planning agency is required to provide the
document.
(2) The California Emergency Management Agency shall notify the
transportation planning agency if funds allocated to an entity within
the region of the transportation planning agency are being
reallocated pursuant to paragraph (1). The transportation planning
agency shall have 30 days to provide a document to the California
Emergency Management Agency indicating its intent to distribute those
funds to transit operators or rail operators for purposes authorized
under subdivision (a) or (c). An agency providing that document
shall receive an allocation of the funds. If the transportation
planning agency does not provide the document within 30 days, the
California Emergency Management Agency may allocate the funds on a
competitive basis to an entity in a different region of the state
that is an eligible entity under subdivision (a) or (c). An eligible
entity that is notified that it will be awarded these funds shall, as
a condition of receiving the funds, satisfy the requirements of
paragraph (1) within 45 days of being advised of the reallocation. As
used in this subdivision, "transportation planning agency" includes
the county transportation commission in counties that have such a
commission.
SEC. 2. Section 8879.61 of the Government Code is amended to read:
8879.61. (a) Entities described in subdivisions (a), (b), and (c)
of Section 8879.57 receiving an allocation of funds pursuant to this
article shall expend those funds within three fiscal years of the
fiscal year in which the funds were allocated. Funds remaining
unexpended thereafter shall revert to the California Emergency
Management Agency, as applicable, for reallocation in subsequent
fiscal years.
(b) Entities that receive grant awards from funds allocated
pursuant to subdivision (b) of Section 8879.57 are not eligible to
receive awards from the funds allocated pursuant to subdivision (a)
of Section 8879.57.
(c) Funds appropriated for the program established by this article
in the Budget Act of 2007 shall be allocated consistent with the
allocation schedule established in Section 8879.57.
(d) On or before May 1 of each year, the California Emergency
Management Agency shall report to the Senate Committee on Budget and
Fiscal Review, the Assembly Committee on Budget, the Senate Committee
on Transportation and Housing, the Assembly Committee on
Transportation, and the Legislative Analyst's Office on its
activities under this article. The report shall include a summary of
the projects selected for funding during the fiscal year in which
awards were made, the status of projects selected for funding in
prior fiscal years, and a list of all transit entities that have not
used funds allocated to the transit entities pursuant to Section
8879.57.