BILL NUMBER: AB 2090	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Alejo

                        FEBRUARY 17, 2016

   An act to amend Section 75230 of the Public Resources Code,
relating to transportation, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2090, as introduced, Alejo. Low Carbon Transit Operations
Program.
   The California Global Warming Solutions Act of 2006 designates the
State Air Resources Board as the state agency charged with
monitoring and regulating sources of emissions of greenhouse gases.
The act authorizes the state board to include the use of market-based
compliance mechanisms. Existing law requires all moneys, except for
fines and penalties, collected by the state board 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 specified portions of the annual
proceeds in the fund to various programs, including 5% for the Low
Carbon Transit Operations Program, which provides operating and
capital assistance for transit agencies to reduce greenhouse gas
emissions and improve mobility, with a priority on serving
disadvantaged communities.
   This bill would additionally authorize moneys appropriated to the
program to be expended to support the operation of existing bus or
rail service if the governing board of the requesting transit agency
declares a fiscal emergency and other criteria are met, thereby
expanding the scope of an existing continuous appropriation.
   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 75230 of the Public Resources Code is amended
to read:
   75230.  (a) The Low Carbon Transit Operations Program is hereby
created to provide operating and capital assistance for transit
agencies to reduce greenhouse gas emissions and improve mobility,
with a priority on serving disadvantaged communities.
   (b) Funding for the program is continuously appropriated pursuant
to Section 39719 of the Health and Safety Code from the Greenhouse
Gas Reduction  Fund   Fund,  established
pursuant to Section 16428.8 of the Government Code.
   (c) Funding shall be allocated by the Controller consistent with
the requirements of this part and with Section 39719 of the Health
and Safety Code, upon a determination by the Department of
Transportation that the expenditures proposed by a transit agency
meet the requirements of this part and guidelines developed pursuant
to subdivision (f), and  that  the amount of funding
requested  that  is currently available.
   (d)  (1)    Moneys for the program shall be
expended to provide transit operating or capital assistance that
meets all of the following criteria: 
   (1) 
    (A)  Expenditures supporting new or expanded bus or rail
services, new or expanded water-borne transit, or expanded
intermodal transit facilities, and may include equipment acquisition,
fueling, and maintenance, and other costs to operate those services
or facilities. 
   (2) 
    (B)  The recipient transit agency demonstrates that each
expenditure directly enhances or expands transit service to increase
mode share. 
   (3) 
    (C) The recipient transit agency demonstrates that each
expenditure reduces greenhouse gas emissions. 
   (2) (A) Moneys for the program may additionally be expended to
support the operation of existing bus or rail service if all of the
following occurs:  
   (i) The governing board of the transit agency declares a fiscal
emergency, as defined in paragraph (2) of subdivision (d) of Section
21080.32, within 90 days prior to the agency requesting the funds.
 
   (ii) The expenditure of the requested funds is necessary to
sustain the transit agency's transit service in the calendar year in
which the requested funds are to be expended.  
   (iii) The governing board of the transit agency would be required
to reduce or eliminate transit service if the requested funds are not
received.  
   (iv) The governing board makes a finding that a reduction in, or
elimination of, transit service would increase greenhouse gas
emissions because transit customers would choose other less-efficient
modes of transportation.  
   (B) Moneys allocated for the purpose of this paragraph shall be
expended to provide transit operating assistance that meets all of
the following criteria:  
   (i) The expenditures support current bus- or rail-service
operating costs and may include labor, fueling, maintenance, and
other costs to operate and maintain those services.  
   (ii) The recipient transit agency demonstrates that each
expenditure directly sustains transit service that would otherwise be
reduced or eliminated in the upcoming year if those funds were not
received.  
   (iii) The recipient transit agency does not request funds for
these purposes over consecutive funding years unless the transit
agency has declared a fiscal emergency in each year consistent with
clause (i) of subparagraph (A). 
   (e) For transit agencies whose service areas include disadvantaged
 communities   communities,  as identified
pursuant to Section 39711 of the Health and Safety Code, at least 50
percent of the total moneys received pursuant to this chapter shall
be expended on projects or services that meet  the 
requirements of subdivision (d) and benefit the disadvantaged
communities, consistent with the guidance developed by the State Air
Resources Board pursuant to Section 39715 of the Health and Safety
Code.
   (f) The Department of Transportation, in coordination with the
State Air Resources Board, shall develop guidelines that describe the
methodologies that recipient transit agencies shall use to
demonstrate that proposed expenditures will meet the criteria in
subdivisions (d) and (e) and establish the reporting requirements for
documenting ongoing compliance with those criteria.
   (g)  Chapter 3.5   The Administrative
Procedure Act (Chapter 3.5  (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government  Code
  Code)  does not apply to the development of
guidelines for the program pursuant to this section.
   (h) A transit agency shall submit the following information to the
Department of Transportation before seeking a disbursement of funds
pursuant to this part:
   (1) A list of proposed expense types for anticipated funding
levels.
   (2) The documentation required by the guidelines developed
pursuant to subdivision (f) to demonstrate compliance with
subdivisions (d) and (e).
   (i) Before authorizing the disbursement of funds, the 
department,   Department of   Transportation,
 in coordination with the State Air Resources Board, shall
determine the eligibility, in whole or in part, of the proposed list
of expense types, based on the documentation provided by the
recipient transit agency to ensure ongoing compliance with the
guidelines developed pursuant to subdivision (f).
   (j) The  department   Department of
Transportation  shall notify the Controller of approved
expenditures for each transit  agency,   agency
 and the amount of the allocation for each transit agency
determined to be available at that time of approval.
   (k) The recipient transit agency shall provide annual reports to
the Department of Transportation, in the format and manner prescribed
by the department, consistent with the internal administrative
procedures for use of fund proceeds developed by the State Air
Resources Board.
   (  l  ) The Department of Transportation and recipient
transit agencies shall comply with the guidelines developed by the
State Air Resources Board pursuant to Section 39715 of the Health and
Safety Code to ensure that the requirements of Section 39713 of the
Health and Safety Code are met to maximize the benefits to
disadvantaged  communities   communities, 
as  described in   identified pursuant to 
Section 39711 of the Health and Safety Code.