BILL NUMBER: AB 1478 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 22, 2014
AMENDED IN SENATE AUGUST 11, 2014
INTRODUCED BY Committee on Budget (Skinner (Chair), Bloom, Campos,
Chesbro, Dababneh, Daly, Dickinson, Gordon, Jones-Sawyer, Mullin,
Muratsuchi, Nazarian, Rodriguez, Stone, Ting, and Weber)
JANUARY 9, 2014
An act to amend, repeal, and add Section 5956.10 of the Government
Code, to amend Section 50661 of the Health and Safety Code, to amend
Section Sections 25416 and
31111.5 of the Public Resources Code, and to amend Sections 62
and 193 of Chapter 35 of the Statutes of 2014, relating to public
resources, and making an appropriation therefor, to take effect
immediately, bill related to the budget.
LEGISLATIVE COUNSEL'S DIGEST
AB 1478, as amended, Committee on Budget. Public resources.
(1) Existing law authorizes a governmental agency to solicit
proposals and enter into agreements with private entities for the
design, construction, or reconstruction of, and to lease to private
entities, specified types of fee-producing infrastructure projects.
Existing law prohibits a state agency or specified governmental
agencies from using this authorization to design, construct, finance,
or operate a state project, as specified.
This bill, until December 31, 2019, would specify that a state
project, for these purposes, does not include a governmental agency
project financed through the State Water Pollution Control Revolving
Fund or the Safe Drinking Water State Revolving Fund.
(2) Existing law creates the Housing Rehabilitation Loan Fund and
continuously appropriates moneys in the fund for, among other
purposes, making specified deferred payment housing rehabilitation
loans. Prior to June 20, 2014, existing law authorized, to the extent
no other funding sources were available, $10,000,000 in the fund to
be used by the department for the purpose of providing housing
rental-related subsidies to persons rendered homeless, or at risk of
becoming homeless, due to unemployment, underemployment, or other
economic hardship resulting from the state of emergency proclaimed by
the Governor based on drought conditions.
This bill would, to the extent no other funding sources are
available, reauthorize that $10,000,000 in the fund to be used by the
department for the above-stated purposes.
(3) The Energy Conservation Assistance Act of 1979 establishes the
State Energy Conservation Assistance Account, a continuously
appropriated account, that is administered by the State Energy
Resources Conservation and Development Commission to provide grants
and loans to various public entities to maximize energy use savings
in existing and planned buildings and facilities. Existing law, the
Budget Act of 2014, transfers, upon order of the Director of Finance,
moneys from the Greenhouse Gas Reduction Fund to the account for
those purposes.
This bill would create a continuously appropriated subaccount
within the State Energy Conservation Assistance Count
Account to track the award and repayment of
loans made with moneys transferred from the Greenhouse Gas Reduction
Fund, as specified. The bill would authorize moneys in the subaccount
to be used for loans only for projects in buildings owned and
operated by a state agency or entity, including, without limitation,
the University of California and California State University.
(4) Existing law establishes the State Coastal Conservancy in the
Natural Resources Agency with prescribed powers and responsibilities
for implementing a program of agricultural land protection, area
restoration, and resources enhancement within the coastal zone, as
defined. Existing law authorizes the conservancy, for the purpose of
implementing the provisions governing the conservancy, to award a
grant to a for-profit entity to accomplish the removal or alteration
of the San Clemente Dam under specified conditions. Existing law
limits the total expenditures of state moneys for the removal or
alteration of the San Clemente Dam and related activities to not more
than $25,000,000.
This bill would increase the limit on the total expenditure of
state moneys for the removal or alteration of the San Clemente Dam
and related activities to not more than $30,000,000.
(4)
(5) Existing law, the Budget Act of 2014, appropriates
the unencumbered balance of specified moneys appropriated in the
Budget Act of 2003 for the State Department of Public Health to the
State Water Resources Control Board for encumbrance or expenditure
until June 30, 2016, for the purposes of providing grants of up to
$500,000 per project for public water systems to address
drought-related drinking water emergencies or threatened emergencies.
This bill would make those moneys available for liquidation until
June 30, 2018.
This bill also would make conforming changes.
(5)
(6) The California Global Warming Solutions Act of 2006
establishes designates the State Air
Resources Board as the state agency responsible for monitoring and
regulating sources emitting greenhouse gases. The act requires the
state board to adopt a statewide greenhouse gas emissions limit
, as defined, to be achieved by 2020,
2020 equivalent to the statewide greenhouse gas
emissions levels in 1990. Existing law authorizes the state board to
adopt a schedule of fees to be paid by the sources of greenhouse gas
emissions regulated pursuant to the act and requires those fees to be
deposited in the Cost of Implementation Account. The act requires
the state board to prepare and approve a scoping plan for achieving
the maximum technologically feasible and cost-effective reductions in
greenhouse gas emissions. The act requires the scoping plan to be
updated at least once every 5 years.
This bill would appropriate $529,000 from the Cost of
Implementation Account to the Secretary of the Natural Resources
Agency for the purpose of implementing elements of the scoping plan
adopted by the State Air Resources Board.
(6)
(7) 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 5956.10 of the Government Code is amended to
read:
5956.10. (a) Notwithstanding any other provision of this
chapter, neither the state or any state agency shall directly or
indirectly use the authority in this chapter nor shall any
governmental agency, as defined in Section 5956.3, use the authority
in this chapter to design, construct, finance, or operate a state
project. For purposes of this section, a state project includes any
of the following:
(1) Tollroads on state highways.
(2) State water projects.
(3) State park and recreation projects.
(4) State financed projects.
(b) These limitations shall not prohibit the state, any state
agency, or any governmental agency, as defined in Section 5956.3,
from utilizing authorizations contained in other provisions of law.
(c) For purposes of this section, a state project does not include
a governmental agency project financed through the State Water
Pollution Control Revolving Fund, established pursuant to Section
13477 of the Water Code, or the Safe Drinking Water State Revolving
Fund, established pursuant to Section 116760.30 of the Health and
Safety Code.
(d) This section shall become inoperative on December 31, 2019,
and, as of January 1, 2020, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2020, deletes
or extends the dates on which it becomes inoperative and is
repealed.
SEC. 2. Section 5956.10 is added to the Government Code, to read:
5956.10. (a) Notwithstanding any other provision of this chapter,
neither the state or any state agency shall directly or indirectly
use the authority in this chapter nor shall any governmental agency,
as defined in Section 5956.3, use the authority in this chapter to
design, construct, finance, or operate a state project. For purposes
of this section, a state project includes any of the following:
(1) Tollroads on state highways.
(2) State water projects.
(3) State park and recreation projects.
(4) State financed projects.
(b) These limitations shall not prohibit the state, any state
agency, or any governmental agency, as defined in Section 5956.3,
from utilizing authorizations contained in other provisions of law.
(c) This section shall become operative on January 1, 2020.
SEC. 3. Section 50661 of the Health and Safety Code is amended to
read:
50661. (a) There is hereby created in the State Treasury the
Housing Rehabilitation Loan Fund. All interest or other increments
resulting from the investment of moneys in the Housing Rehabilitation
Loan Fund shall be deposited in the fund, notwithstanding Section
16305.7 of the Government Code. Notwithstanding Section 13340 of the
Government Code, all money in the fund is continuously appropriated
to the department for the following purposes:
(1) For making deferred-payment rehabilitation loans for financing
all or a portion of the cost of rehabilitating existing housing to
meet rehabilitation standards as provided in this chapter.
(2) For making deferred payment loans as provided in Sections
50668.5, 50669, and 50670.
(3) For making deferred payment loans pursuant to Sections 50662.5
and 50671.
(4) Subject to the restrictions of Section 53131, if applicable,
for administrative expenses of the department made pursuant to this
chapter, Article 3 (commencing with Section 50693) of Chapter 7.5,
and Chapter 10 (commencing with Section 50775).
(5) For related administrative costs of nonprofit corporations and
local public entities contracting with the department pursuant to
Section 50663 in an amount, if any, as determined by the department,
to enable the entities and corporations to implement a program
pursuant to this chapter. The department shall ensure that not less
than 20 percent of the funds loaned pursuant to this chapter shall be
allocated to rural areas. For purposes of this chapter, "rural area"
shall have the same meaning as in Section 50199.21.
(6) To the extent no other funding sources are available, ten
million dollars ($10,000,000), as provided in Section 4 of Chapter 3
of the Statutes of 2014, may be used for the purposes of Section
34085.
(b) There shall be paid into the fund the following:
(1) Any moneys appropriated and made available by the Legislature
for purposes of the fund.
(2) Any moneys that the department receives in repayment of loans
made from the fund, including any interest thereon.
(3) Any other moneys that may be made available to the department
for the purposes of this chapter from any other source or sources.
(4) Moneys transferred or deposited to the fund pursuant to
Sections 50661.5 and 50778.
(c) Notwithstanding any other law, any interest or other increment
earned by the investment or deposit of moneys appropriated by
subdivision (b) of Section 3 of Chapter 2 of the Statutes of the
1987-88 First Extraordinary Session, or Section 7 of Chapter 4 of the
Statutes of the 1987-88 First Extraordinary Session, shall be
deposited in a special account in the Housing Rehabilitation Loan
Fund and shall be used exclusively for purposes of Sections 50662.5
and 50671.
(d) Notwithstanding any other law, effective with the date of the
act adding this subdivision, appropriations authorized by the Budget
Act of 1996 for support of the Department of Housing and Community
Development from the California Disaster Housing Repair Fund and the
California Homeownership Assistance Fund shall instead be authorized
for expenditure from the Housing Rehabilitation Loan Fund.
(e) Effective July 1, 2014, the California Housing Trust Fund in
the State Treasury is abolished and any remaining balance, assets,
liabilities, and encumbrances shall be transferred to, and become
part of, the Housing Rehabilitation Loan Fund. Notwithstanding
Section 13340 of the Government Code, all transferred amounts are
continuously appropriated to the department for the purpose of
satisfying any liabilities and encumbrances and the purposes
specified in this section.
SEC. 4. Section 25416 of the Public Resources Code is amended to
read:
25416. (a) The State Energy Conservation Assistance Account is
hereby created in the General Fund. Notwithstanding Section 13340 of
the Government Code, the account is continuously appropriated to the
commission without regard to fiscal year.
(b) The money in the account shall consist of all moneys
authorized or required to be deposited in the account by the
Legislature and all moneys received by the commission pursuant to
Sections 25414 and 25415.
(c) The moneys in the account shall be disbursed by the Controller
for the purposes of this chapter as authorized by the commission.
(d) The commission may contract and provide grants for services to
be performed for eligible institutions. Services may include, but
are not limited to, feasibility analysis, project design, field
assistance, and operation and training. The amount expended for those
services shall not exceed 10 percent of the unencumbered balance of
the account as determined by the commission on July 1 of each year.
(e) The commission may make grants to eligible institutions for
innovative projects and programs. Except as provided in subdivision
(d), the amount expended for grants shall not exceed 5 percent of the
annual unencumbered balance in the account as determined by the
commission on July 1 of each fiscal year.
(f) The commission may charge a fee for the services provided
under subdivision (d).
(g) Notwithstanding any other law, the Controller may use the
State Energy Conservation Assistance Account for loans to the General
Fund as provided in Sections 16310 and 16381 of the Government Code.
(h) (1) A subaccount is hereby created within the State Energy
Conservation Assistance Account to track the award and repayment of
loans, including principal, interest, and interest earnings on or
accruing to the subaccount, made with moneys transferred to the
account from the Greenhouse Gas Reduction Fund, created pursuant to
Section 16428.8 of the Government Code. Notwithstanding Section 13340
of the Government Code, the subaccount is hereby continuously
appropriated to the commission without regard to fiscal year.
(2) Moneys deposited in the subaccount may be used for loans only
for projects in buildings owned and operated by a state agency or
entity, including, without limitation, the University of California
and California State University.
(3) Notwithstanding Section 39718 of the Health and Safety Code, a
repayment of a loan made pursuant to this chapter with moneys
transferred from the Greenhouse Gas Reduction Fund shall be deposited
in the subaccount and shall be available for a loan made to an
entity eligible for these moneys pursuant to this subdivision.
SEC. 5. Section 31111.5 of the Public
Resources Code is amended to read:
31111.5. (a) In implementing this division, the conservancy may
award a grant to a for-profit entity to accomplish the
removal or alteration of the San Clemente Dam if the conservancy
finds that the project is of regional or statewide significance and
that a grant to a public agency or nonprofit organization would not
achieve removal or alteration of the San Clemente Dam.
(b) Notwithstanding subdivision (a), total expenditures of state
funds moneys for the removal or
alteration of the San Clemente Dam and related activities shall not
exceed twenty-five million dollars ($25,000,000)
thirty million dollars ($30,000,000) .
SEC. 5. SEC. 6. Section 62 of
Chapter 35 of the Statutes of 2014 is amended to read:
Sec. 62. It is the intent of the Legislature that the
reorganization and transfer made by Sections 63 to 127, inclusive,
Section 181, Section 182, Sections 187 to 191, inclusive, and Section
193 of this act be carried out in a manner to preserve state primacy
under the federal Safe Drinking Water Act and that the terms of this
act shall be liberally construed to achieve this purpose.
SEC. 6. SEC. 7. Section 193 of
Chapter 35 of the Statutes of 2014 is amended to read:
Sec. 193. Notwithstanding any other law, the balance of the
appropriation provided for in Item 4265-111-0001 of Chapter 2 of the
Statutes of 2014, for the purposes specified in Provision 3 of that
item, is hereby appropriated to the State Water Resources Control
Board, as of June 30, 2014. These funds shall be available for
encumbrance or expenditure until June 30, 2016, and available for
liquidation until June 30, 2018, for purposes consistent with
subdivisions (a) and (c) of Section 75021 of the Public Resources
Code for grants pursuant to the Public Water System Drought Emergency
Funding Guidelines adopted by the State Department of Public Health
on March 28, 2014, for public water systems to address
drought-related drinking water emergencies. The State Water Resources
Control Board shall make every effort to use other funds available
to address drinking water emergencies, including federal funds made
available for the drought, prior to using the funds specified in this
section.
SEC. 7. SEC. 8. The sum of five
hundred twenty-nine thousand dollars ($529,000) is hereby
appropriated from the Cost of Implementation Account, established
pursuant to Section 16428.95 of the Government Code, to the Secretary
of the Natural Resources Agency for the purpose of implementing
elements of the scoping plan adopted by the State Air Resources Board
pursuant to Section 38561 of the Health and Safety Code.
SEC. 8. SEC. 9. 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.