California Legislature—2015–16 Regular Session

Assembly BillNo. 1087


Introduced by Assembly Member Grove

February 27, 2015


An act to amend Sections 39719 and 39719.1 of the Health and Safety Code, relating to high-speed rail.

LEGISLATIVE COUNSEL’S DIGEST

AB 1087, as introduced, Grove. Greenhouse Gas Reduction Fund: high-speed rail.

Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation. Existing law continuously appropriates 25% of the annual proceeds of the fund to the High-Speed Rail Authority for specified components of the initial operating segment and Phase I blended system, as described in the authority’s 2012 business plan.

This bill would provide that the continuous appropriations from the fund to the High-Speed Rail Authority are for specified components of the initial operating segment and Phase I blended system, as described in the authority’s 2012 business plan, of the high-speed train system that shall be constructed as specified.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 39719 of the Health and Safety Code is
2amended to read:

3

39719.  

(a) The Legislature shall appropriate the annual
4proceeds of the fund for the purpose of reducing greenhouse gas
5emissions in this state in accordance with the requirements of
6Section 39712.

7(b) To carry out a portion of the requirements of subdivision
8(a), annual proceeds are continuously appropriated for the
9following:

10(1) Beginning in the 2015-16 fiscal year, and notwithstanding
11Section 13340 of the Government Code, 35 percent of annual
12proceeds are continuously appropriated, without regard to fiscal
13years, for transit, affordable housing, and sustainable communities
14programs as following:

15(A) Ten percent of the annual proceeds of the fund is hereby
16continuously appropriated to the Transportation Agency for the
17Transit and Intercity Rail Capital Program created by Part 2
18(commencing with Section 75220) of Division 44 of the Public
19Resources Code.

20(B) Five percent of the annual proceeds of the fund is hereby
21continuously appropriated to the Low Carbon Transit Operations
22Program created by Part 3 (commencing with Section 75230) of
23Division 44 of the Public Resources Code.begin delete Fundsend deletebegin insert Moneysend insert shall be
24allocated by the Controller, according to requirements of the
25program, and pursuant to the distribution formula in subdivision
26(b) or (c) of Section 99312 of, and Sections 99313 and 99314 of,
27the Public Utilities Code.

28(C) Twenty percent of the annual proceeds of the fund is hereby
29continuously appropriated to the Strategic Growth Council for the
30Affordable Housing and Sustainable Communities Program created
31by Part 1 (commencing with Section 75200) of Division 44 of the
32Public Resources Code. Of the amount appropriated in this
33subparagraph, no less than 10 percent of the annualbegin delete proceeds,end delete
34begin insert proceedsend insert shall be expended for affordable housing, consistent with
35the provisions of that program.

36(2) Beginning in the 2015-16 fiscal year, notwithstanding
37Section 13340 of the Government Code, 25 percent of the annual
38proceeds of the fund is hereby continuously appropriated to the
P3    1High-Speed Rail Authority for the following components of the
2initial operating segment and Phase I Blendedbegin delete Systemend deletebegin insert System,end insert as
3described in the 2012 business plan adopted pursuant to Section
4185033 of the Public Utilitiesbegin delete Code:end deletebegin insert Code, of the high-speed train
5system that shall be constructed pursuant to Chapter 20
6(commencing with Section 2704) of Division 3 of the Streets and
7Highways Code:end insert

8(A) Acquisition and construction costs of the project.

9(B) Environmental review and design costs of the project.

10(C) Other capital costs of the project.

11(D) Repayment of any loans made to the authority to fund the
12project.

13(c) In determining the amount of annual proceeds of the fund
14for purposes of the calculation in subdivision (b), thebegin delete fundsend deletebegin insert moneysend insert
15 subject to Section 39719.1 shall not be included.

16

SEC. 2.  

Section 39719.1 of the Health and Safety Code is
17amended to read:

18

39719.1.  

(a) Of the amount loaned from the fund to the General
19Fund pursuant to Item 3900-011-3228 of Section 2.00 of the
20Budget Act of 2013, four hundred million dollars ($400,000,000)
21shall be available to the High-Speed Rail Authority pursuant to
22subdivision (b).

23(b) The portion of the loan from the fund to the General Fund
24described in subdivision (a) shall be repaid to the fund as necessary
25based on the financial needs of the high-speed rail project.
26Beginning in the 2015-16 fiscal year, and in order to carry out the
27goals of the fund in accordance with the requirements of Section
2839712, the amounts of all the loan repayments, notwithstanding
29Section 13340 of the Government Code, are continuously
30appropriated from the fund to the High-Speed Rail Authority for
31the following components of the initial operating segment and
32Phase I Blendedbegin delete Systemend deletebegin insert System,end insert as described in the 2012 business
33plan adopted pursuant to Section 185033 of the Public Utilities
34begin delete Code:end deletebegin insert Code, of the high-speed train system, that shall be
35constructed pursuant to Chapter 20 (commencing with Section
362704) of Division 3 of the Streets and Highways Code:end insert

37(1) Acquisition and construction costs of the project.

38(2) Environmental review and design costs of the project.

39(3) Other capital costs of the project.

P4    1(4) Repayment of any loans made to the authoritybegin delete to fundend deletebegin insert forend insert
2 the project.



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