California Legislature—2015–16 First Extraordinary Session

Senate BillNo. 6


Introduced by Senator Runner

(Principal coauthors: Senators Bates, Berryhill, Fuller, Gaines, Huff, Morrell, Nguyen, Stone, and Vidak)

July 13, 2015


An act to amend Sections 39719 and 39719.1 of the Health and Safety Code, relating to transportation funding, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

SB 6, as introduced, Runner. Greenhouse Gas Reduction Fund: transportation expenditures.

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 relative to reduction of greenhouse gas emissions to be deposited in the Greenhouse Gas Reduction Fund.

Existing law continuously appropriates 25% of the annual proceeds of the fund to the high-speed rail project, and also continuously appropriates to that project $400,000,000 of the amount loaned from the fund to the General Fund by the Budget Act of 2013, upon repayment of the loan by the General Fund. Existing law further appropriates 35% of the annual proceeds of the fund to transit and intercity rail capital, low-carbon transit operations, and affordable housing and sustainable communities.

This bill would delete the continuous appropriations from the fund for the high-speed rail project, and would prohibit any of the proceeds from the fund from being used for that project. The bill would continuously appropriate the remaining 65% of annual proceeds of the fund to the California Transportation Commission for allocation to high-priority transportation projects, as determined by the commission, with 40% of those moneys to be allocated to state highway projects, 40% to local street and road projects divided equally between cities and counties, and 20% to public transit projects.

This bill would require $400,000,000 of the amount loaned from the fund to the General Fund by the Budget Act of 2013 to be immediately repaid to the fund, thereby making an 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 39719 of the Health and Safety Code is
2amended to read:

3

39719.  

(a) Thebegin delete Legislature shall appropriate theend delete annual
4proceeds of the fundbegin insert shall be expendedend insert for the purpose of reducing
5greenhouse gas emissions in this state in accordance with the
6requirements of Section 39712.

7(b) To carry outbegin delete a portion ofend delete 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. Funds shall be allocated
24by the Controller, according to requirements of the program, and
25pursuant to the distribution formula in subdivision (b) or (c) of
P3    1Section 99312 of, and Sections 99313 and 99314 of, the Public
2 Utilities Code.

3(C) Twenty percent of the annual proceeds of the fund is hereby
4continuously appropriated to the Strategic Growth Council for the
5Affordable Housing and Sustainable Communities Program created
6by Part 1 (commencing with Section 75200) of Division 44 of the
7Public Resources Code. Of the amount appropriated in this
8subparagraph, no less than 10 percent of the annual proceeds, shall
9be expended for affordable housing, consistent with the provisions
10of that program.

11(2) Beginning in the 2015-16 fiscal year,begin insert andend insert notwithstanding
12Section 13340 of the Government Code,begin delete 25 percent of the annual
13proceeds of the fund is hereby continuously appropriated to the
14High-Speed Rail Authority for the following components of the
15initial operating segment and Phase I Blended System as described
16in the 2012 business plan adopted pursuant to Section 185033 of
17the Public Utilities Code:end delete
begin insert the remaining annual proceeds of the
18fund are continuously appropriated, without regard to fiscal years,
19to the California Transportation Commission for allocation to
20high-priority transportation projects, as determined by the
21commission. The commission shall allocate available moneys as
22follows: 40 percent to state highway projects, 40 percent to local
23street and road projects, divided equally between cities and
24counties, and 20 percent to public transit projects.end insert

begin delete

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

end delete
begin delete

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

end delete
begin delete

27(C) Other capital costs of the project.

end delete
begin delete

28(D) Repayment of any loans made to the authority to fund the
29project.

end delete
begin delete

30(c) In determining the amount of annual proceeds of the fund
31for purposes of the calculation in subdivision (b), the funds subject
32to Section 39719.1 shall not be included.

end delete
begin insert

33(c) None of the proceeds of the fund may be used for the
34high-speed rail project.

end insert
35

SEC. 2.  

Section 39719.1 of the Health and Safety Code is
36amended to read:

37

39719.1.  

begin delete(a)end deletebegin deleteend deleteOf the amount loaned from the fund to the General
38Fund pursuant to Item 3900-011-3228 of Section 2.00 of the
39Budget Act of 2013, four hundred million dollars ($400,000,000)
40shall be begin insertrepaid immediately to the fund and shall thereupon be end insert
P4    1availablebegin delete to the High-Speed Rail Authority pursuant to subdivision
2(b).end delete
begin insert for expenditure pursuant to Section 39719.end insert

begin delete

3(b) The portion of the loan from the fund to the General Fund
4described in subdivision (a) shall be repaid to the fund as necessary
5based on the financial needs of the high-speed rail project.
6Beginning in the 2015-16 fiscal year, and in order to carry out the
7goals of the fund in accordance with the requirements of Section
839712, the amounts of all the loan repayments, notwithstanding
9Section 13340 of the Government Code, are continuously
10 appropriated from the fund to the High-Speed Rail Authority for
11the following components of the initial operating segment and
12Phase I Blended System as described in the 2012 business plan
13adopted pursuant to Section 185033 of the Public Utilities Code:

14(1) Acquisition and construction costs of the project.

15(2) Environmental review and design costs of the project.

16(3) Other capital costs of the project.

17(4) Repayment of any loans made to the authority to fund the
18project.

end delete


O

1      99