Amended in Assembly April 7, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2090


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 amended, 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:

P2    1

SECTION 1.  

Section 75230 of the Public Resources Code is
2amended to read:

3

75230.  

(a) The Low Carbon Transit Operations Program is
4hereby created to provide operating and capital assistance for transit
5agencies to reduce greenhouse gas emissions and improve mobility,
6with a priority on serving disadvantaged communities.

7(b) Funding for the program is continuously appropriated
8pursuant to Section 39719 of the Health and Safety Code from the
9Greenhouse Gas Reduction Fund, established pursuant to Section
1016428.8 of the Government Code.

11(c) Funding shall be allocated by the Controller consistent with
12the requirements of this part and with Section 39719 of the Health
13and Safety Code, upon a determination by the Department of
14Transportation that the expenditures proposed by a transit agency
15meet the requirements of this part and guidelines developed
16pursuant to subdivision (f), and that the amount of funding
17requested is currently available.

18(d) (1) Moneys for the program shall be expended to provide
19transit operating or capital assistance that meets all of the following
20criteria:

21(A) Expenditures supporting new or expanded bus or rail
22services, new or expanded water-borne transit, or expanded
23intermodal transit facilities, and may include equipment acquisition,
24fueling, and maintenance, and other costs to operate those services
25or facilities.

26(B) The recipient transit agency demonstrates that each
27expenditure directly enhances or expands transit service to increase
28mode share.

29(C) The recipient transit agency demonstrates that each
30expenditure reduces greenhouse gas emissions.

31(2) (A) Moneys for the program may additionally be expended
32to support the operation of existing bus or rail service if all of the
33followingbegin delete occurs:end deletebegin insert occur:end insert

34(i) The governing board of the transit agency declares a fiscal
35emergency, as defined in paragraph (2) of subdivision (d) of
P3    1Section 21080.32, within 90 days prior to the agency requesting
2the funds.

3(ii) The expenditure of the requested funds is necessary to
4sustain the transit agency’s transit service in thebegin delete calendarend deletebegin insert fiscalend insert
5 year in which the requested funds are to be expended.

6(iii) The governing board of the transit agency would be required
7to reduce or eliminate transit service if the requested funds are not
8received.

9(iv) The governing board makes a finding that a reduction in,
10or elimination of, transit service would increase greenhouse gas
11emissions because transit customers would choose other
12less-efficient modes of transportation.

begin insert

13
(v) The transit agency does not request funds over consecutive
14funding years unless the transit agency has declared a fiscal
15emergency in each year consistent with clause (i).

end insert
begin insert

16
(vi) The transit agency does not request funds for more than
17three consecutive funding years.

end insert

18(B) Moneys allocated for the purpose of this paragraph shall be
19expended to provide transit operating assistance that meetsbegin delete allend deletebegin insert bothend insert
20 of the following criteria:

21(i) The expenditures support current bus- or rail-service
22operating costs and may include labor, fueling, maintenance, and
23other costs to operate and maintain those services.

24(ii) The recipient transit agency demonstrates that each
25expenditure directly sustains transit service that would otherwise
26be reduced or eliminated in the upcoming year if those funds were
27not received.

begin delete

28(iii) The recipient transit agency does not request funds for these
29purposes over consecutive funding years unless the transit agency
30has declared a fiscal emergency in each year consistent with clause
31(i) of subparagraph (A).

end delete

32(e) For transit agencies whose service areas include
33disadvantaged communities, as identified pursuant to Section
3439711 of the Health and Safety Code, at least 50 percent of the
35total moneys received pursuant to this chapter shall be expended
36on projects or services that meet the requirements of subdivision
37(d) and benefit the disadvantaged communities, consistent with
38the guidance developed by the State Air Resources Board pursuant
39to Section 39715 of the Health and Safety Code.

P4    1(f) The Department of Transportation, in coordination with the
2State Air Resources Board, shall develop guidelines that describe
3the methodologies that recipient transit agencies shall use to
4demonstrate that proposed expenditures will meet the criteria in
5subdivisions (d) and (e) and establish the reporting requirements
6for documenting ongoing compliance with those criteria.

7(g) The Administrative Procedure Act (Chapter 3.5
8(commencing with Section 11340) of Part 1 of Division 3 of Title
92 of the Government Code) does not apply to the development of
10guidelines for the program pursuant to this section.

11(h) A transit agency shall submit the following information to
12the Department of Transportation before seeking a disbursement
13of funds pursuant to this part:

14(1) A list of proposed expense types for anticipated funding
15levels.

16(2) The documentation required by the guidelines developed
17pursuant to subdivision (f) to demonstrate compliance with
18subdivisions (d) and (e).

19(i) Before authorizing the disbursement of funds, the Department
20of Transportation, in coordination with the State Air Resources
21Board, shall determine the eligibility, in whole or in part, of the
22proposed list of expense types, based on the documentation
23 provided by the recipient transit agency to ensure ongoing
24compliance with the guidelines developed pursuant to subdivision
25(f).

26(j) The Department of Transportation shall notify the Controller
27of approved expenditures for each transit agency and the amount
28of the allocation for each transit agency determined to be available
29at that time of approval.

30(k) The recipient transit agency shall provide annual reports to
31the Department of Transportation, in the format and manner
32prescribed by the department, consistent with the internal
33administrative procedures for use of fund proceeds developed by
34the State Air Resources Board.

35(l) The Department of Transportation and recipient transit
36agencies shall comply with the guidelines developed by the State
37Air Resources Board pursuant to Section 39715 of the Health and
38Safety Code to ensure that the requirements of Section 39713 of
39the Health and Safety Code are met to maximize the benefits to
P5    1disadvantaged communities, as identified pursuant to Section
239711 of the Health and Safety Code.



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