SB 76,
as amended, Committee on Budget and Fiscal Review. begin deleteWater. end deletebegin insertTransportationend insertbegin insert.end insert
(1) Existing law creates the State Transit Assistance program, under which certain revenues in the Public Transportation Account are allocated by formula for public transportation purposes. Under that program, funds may not be allocated to a transit operator for operating purposes unless the operator meets one of 2 specified efficiency standards, subject to certain exceptions. However, existing law suspends those restrictions with respect to allocations for operating purposes made through the 2014-15 fiscal year.
end insertbegin insertThis bill would continue the suspension of those restrictions through the 2015-16 fiscal year.
end insertbegin insert(2) Existing law, the California High-Speed Rail Act, creates the High-Speed Rail Authority to develop and implement a high-speed rail system in the state, with specified powers and duties. Existing law requires the authority to establish an independent peer review group for the purpose of reviewing the planning, engineering, financing, and other elements of the authority’s plans and issuing an analysis of the appropriateness and accuracy of the authority’s assumptions and an analysis of the viability of the authority’s funding plan for each corridor. Existing law specifies the required qualifications for the members of the peer review group.
end insertbegin insertThis bill would revise the required qualifications for certain members of the peer review group.
end insertbegin insert(3) Existing law, as part of an amendment of the Budget Act of 2012, appropriates $2,609,076,000 from the High-Speed Passenger Train Bond Fund to the High-Speed Rail Authority for construction of the high-speed rail project and makes that appropriation available for encumbrance until June 30, 2018. Existing law requires the authority to provide a project update report to specified committees of the Legislature by March 1 and November 1 of each year in which that funding is encumbered.
end insertbegin insertThis bill would instead require the project update report to be provided to those committees by March 1, 2017, and every 2 years thereafter.
end insertbegin insert(4) Existing law, in connection with the appropriation referenced in (3), also requires the High-Speed Rail Authority to provide various reports relating to authority staffing and contract management issues with respect to certain contracts to be awarded by the authority.
end insertbegin insertThis bill would repeal those reporting requirements.
end insertbegin insert(5) Existing law defines the authorized routes in the State Highway System, including State Route 275, which is defined to be the Tower Bridge from the west side of the Sacramento River near the City of West Sacramento to the east side of the Sacramento River near the City of Sacramento. Existing law authorizes the California Transportation Commission to relinquish any portion of State Route 275 to a city in which it is located with the agreement of that city, pursuant to terms that the commission finds to be in the best interest of the state.
end insertbegin insertThis bill would authorize the commission to relinquish the Tower Bridge to one or more cities in which it is located. The bill, until July 1, 2016, would provide that the Tower Bridge shall be deemed to be in a state of good repair for these purposes, provided that it is not structurally deficient and is rated as satisfactory pursuant to the National Bridge Index.
end insertbegin insert(6) Existing law provides that the Department of Transportation has full possession and control of all state highways. Existing law, through the year 2020, requires the department to prepare an annual report to the Legislature describing the status of the department’s progress in locating, assessing, and remediating barriers to fish passage, as defined. Existing law requires the department also to complete assessments of potential barriers to anadromous fish prior to commencing specified projects using state or federal transportation funds. Existing law requires the department to submit these assessments to the Department of Fish and Wildlife. Existing law also requires new projects to be constructed without presenting barriers to fish passage.
end insertbegin insertThis bill would require the department to prepare the annual report to the Legislature through the year 2025. The bill would require the Department of Fish and Wildlife to identify the above-described projects that present the most significant barriers to fish passage. The bill would require the Department of Transportation to prioritize and expedite the remediation of barriers to fish passage on those projects and would require the department to include a status report on those projects in each annual report issued after October 31, 2016. The bill would appropriate $5,000,000 from the State Highway Account to the Department of Transportation for the identification and remediation of high-priority fish passages pursuant to these provisions.
end insertbegin insert(7) Existing law provides for apportionment of fuel excise tax revenues to cities and counties pursuant to various formulas.
end insertbegin insertThis bill would authorize the Sacramento County Board of Supervisors to allocate up to $700,000 from fuel excise tax revenues apportioned to Sacramento County or from other transportation funds available to the county for the purpose of building a soundwall in and around the Walerga Park area adjacent to State Route 80 in Sacramento County.
end insertbegin insert(8) Existing law creates the Transportation Investment Fund, and continuously appropriates the moneys in the fund for various transportation purposes.
end insertbegin insertThis bill would require all assets and liabilities of the Transportation Investment Fund to become assets and liabilities of the State Highway Account before June 30, 2016.
end insertbegin insert(9) Existing law authorizes the Department of Transportation to issue Clean Renewable Energy Bonds for purposes of financing the acquisition and installation of solar energy systems and related appurtenances at facilities of the department. Existing law requires the net proceeds of bonds issued under these provisions to be deposited in the Clean Renewable Energy Bonds Subaccount in the Special Deposit Fund. Existing law provides for the payment of debt service on these bonds from a specified appropriation from the State Highway Account.
end insertbegin insertThis bill would require any remaining moneys in the Clean Renewable Energy Bonds Subaccount to be transferred to the State Highway Account by July 1, 2015.
end insertbegin insert(10) Existing law creates the Pedestrian Safety Account in the State Transportation Fund, and provides for the Department of Transportation to award pedestrian safety grants from appropriated funds to local agencies on a competitive basis.
end insertbegin insertThis bill would require all assets and liabilities of the Pedestrian Safety Account to become assets and liabilities of the State Highway Account before January 1, 2016. The bill would repeal all provisions relating to the account on January 1, 2016.
end insertbegin insert(11) Existing law provides for the Department of Transportation and certain other agencies to contract for intercity rail passenger service with state funds appropriated for that purpose.
end insertbegin insertThis bill, by April 1, 2016, would require the department to prepare a report to the Legislature examining improvements to safety, reduction of greenhouse gas emissions, and improvements to intercity rail passenger service levels that could be achieved through investments in improvements to grade level crossings or construction of grade separation projects at key intersections along state-sponsored intercity rail routes.
end insertbegin insert(12) Existing federal law, until September 30, 2017, authorizes a state to allow specified labeled vehicles to use lanes designated for high-occupancy vehicles (HOVs). Existing law authorizes the Department of Transportation to designate certain lanes for the exclusive use of HOVs. Under existing law, until January 1, 2019, until federal authorization expires, or until the Secretary of State receives a specified notice, those lanes may be used by certain vehicles not carrying the requisite number of passengers otherwise required for the use of an HOV lane, if the vehicle displays a valid identifier issued by the Department of Motor Vehicles (DMV). Existing law authorizes the DMV to issue no more than 70,000 of those identifiers.
end insertbegin insertThis bill would increase the number of those identifiers that the DMV is authorized to issue to 85,000.
end insertbegin insert(13) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
end insert(1) Existing law requires any new diversion of water from any stream having populations of salmon and steelhead that is determined by the Department of Fish and Wildlife to be deleterious to salmon and steelhead to be screened by the owner of the diversion. Existing law requires the department to submit to the owner its proposals as to measures necessary to protect the salmon and steelhead within 30 days of receipt of a notice of a diversion of water from a stream having populations of salmon and steelhead.
end deleteThis bill would instead require the department, within 30 days of providing written notice to the owner that the department has determined that the diversion is deleterious to salmon and steelhead, to submit to the owner its proposals as to measures necessary to protect the salmon and steelhead.
end delete(2) Existing law prohibits the construction or maintenance, in certain fish and game districts, of any device or contrivance that prevents, impedes, or tends to prevent or impede, the passing of fish up and down stream. A violation of this provision is a misdemeanor.
end deleteThis bill would impose an additional civil penalty of not more than $8,000 for a violation of this provision.
end delete(3) Existing law declares that the diversion or use of water other than as authorized by specified provisions of law is a trespass. Existing law authorizes the executive director of the State Water Resources Control Board to issue a complaint to a person who violates certain laws regarding the use and diversion of water, and subjects the violator to administrative civil liability. Existing law requires that the complaint be served by personal notice or certified mail and inform the party served that the party may request a hearing not later than 20 days from the date the party was served.
end deleteThis bill would authorize the Director of the Department of Fish and Wildlife, or his or her designee, to issue a complaint in accordance with the above-specified provisions alleging that an unauthorized diversion or use of water harms fish and wildlife resources.
end delete(4) Existing law prohibits a charter city from receiving or using state funding or financial assistance for a construction project if the city has a charter provision or ordinance that authorizes a contractor to not comply with prevailing wage provisions on any public works contract or if the city has awarded, within the prior 2 years, a public works contract without requiring the contractor to comply with prevailing wage provisions, as specified. Existing law authorizes charter cities to receive or use state funding or financial assistance if the city has a local prevailing wage ordinance, applicable to all of its public works contracts, that includes requirements that are equal to or greater than the state’s prevailing wage requirements, as specified.
end deleteThis bill would exempt from that prohibition funding and financial assistance provided to a charter city in response to an emergency.
end delete(5) Existing law provides various technical assistance opportunities to disadvantaged communities for projects relating to groundwater sustainability, clean drinking water, and water recycling and advanced treatment water technology projects.
end deleteThis bill would establish the Office of Sustainable Water Solutions within the State Water Resources Control Board to promote permanent and sustainable drinking water and wastewater treatment solutions to ensure effective and efficient provision of safe, clean, affordable, and reliable drinking water and wastewater treatment services. The bill would authorize the office to take certain actions in furtherance of this purpose.
end delete(6) Existing law, the Porter-Cologne Water Quality Control Act, authorizes the imposition and collection of civil and criminal penalties for specified violations of that act. The act requires certain moneys, including General Fund revenues of penalties, collected pursuant to these provisions to be deposited in the State Water Pollution Cleanup and Abatement Account in the State Water Quality Control Fund. The act continuously appropriates the moneys in the account to the State Water Resources Control Board for specified cleanup programs.
end deleteThe act authorizes the state board, upon application by a public agency, specified tribal governments, or not-for-profit organizations serving disadvantaged communities that have authority to clean up a waste or abate the effects of a waste to order moneys in the account to be paid to the entity to assist in cleaning up the waste or abating its effects on waters.
end deleteThis bill would, until July 1, 2018, additionally authorize the state board to pay these moneys to a community water system that serves a disadvantaged community and would authorize moneys in the account to be used to assist in addressing an urgent drinking water need. By authorizing new expenditures from a continuously appropriated account, this bill would make an appropriation. The bill would exempt projects using moneys paid pursuant to these provisions from state contracting and procurement requirements, as specified, and would authorize the state board to adopt guidelines for the allocation and administration of moneys in the account that would be exempt from the Administrative Procedure Act.
end delete(7) Existing law establishes the CalConserve Water Use Efficiency Revolving Fund and provides that the moneys in the fund are available to the Department of Water Resources, upon appropriation by the Legislature, for the purpose of water use efficiency projects. Existing law requires moneys in the fund to be used for purposes that include, but are not limited to, at or below market interest rate loans to local agencies, as defined, and permits the department to enter into agreements with local agencies that provide water or recycled water service to provide loans.
end deleteExisting law, the Water Quality, Supply, and Infrastructure Improvement Act of 2014, approved by the voters as Proposition 1 at the November 4, 2014, statewide general election, authorizes the issuance of general obligation bonds in the amount of $7,545,000,000 to finance a water quality, supply, and infrastructure improvement program. The bond act provides that the sum of $810,000,000 is to be available, upon appropriation by the Legislature, for expenditures on, and competitive grants and loans to, projects that are included in and implemented in an adopted integrated regional water management plan and respond to climate change and contribute to regional water security. The bond act authorizes the use of $100,000,000 of those funds for direct expenditures, and for grants and loans, for certain water conservation and water use efficiency plans, projects, and programs.
end deleteThis bill would transfer to the CalConserve Water Use Efficiency Revolving Fund the sum of $10,000,000 of the proceeds of these bonds for water conservation and water use efficiency projects and programs to achieve urban water use targets. This bill would require the department to use $5,000,000 for a pilot project for local agencies to provide water efficiency upgrades to eligible residents. This bill would require the department to use the other $5,000,000 for local agencies to provide low-interest loans to customers to finance the installation of onsite improvements to repair or replace, as necessary, cracked or leaking water pipes to conserve water. The bill would authorize the department to provide local agencies with zero-interest loans of up to $3,000,000 and would require a local agency that receives a loan pursuant to these provisions to exercise reasonable efforts to recover the costs of the loan. The bill would also authorize the department to waive up to 10% of the repayment amount for costs that could not be recovered by a local agency.
end delete(8) The State Contract Act generally provides for a contracting process by state agencies for public works of improvement pursuant to a competitive bidding process, under which bids are awarded to the lowest responsible bidder, with specified alternative bidding procedures authorized in certain cases.
end deleteExisting law, the California Emergency Services Act, sets forth the emergency powers of the Governor under its provisions and empowers the Governor to proclaim a state of emergency for certain conditions, including drought. During a state of emergency, existing law authorizes the Governor to suspend any regulatory statute, or statute prescribing the procedure for conduct of state business, or the orders, rules, or regulations of any state agency where the Governor determines and declares that strict compliance with any statute, order, rule, or regulation would in any way prevent, hinder, or delay the mitigation of the effects of the emergency. Pursuant to this authority, the Governor proclaimed a state of emergency, and a continued state of emergency, due to drought conditions and suspended certain statutes.
end deleteThis bill would suspend the provisions of the Government Code and the Public Contract Code applicable to state contracts for purposes of state agencies implementing the Governor’s orders proclaiming a state of emergency as long as the state of emergency due to drought conditions remains in effect. The bill would specify that these suspensions only apply to contracts that respond to conditions arising from the drought and that support the state agencies in specified actions. The bill would require approval by the Department of Finance prior to the execution of any contract entered into pursuant to this provision and would require that certain information relating to these contracts be posted on the California Drought Internet Web site.
end deleteThis bill would require an agency receiving moneys from one or more sources as appropriated pursuant to Assembly Bill 91 or Senate Bill 75 of the 2015-16 Regular Session to use the services of the California Conservation Corps or a certified community conservation corps, as defined, for restoration, ecosystem protection projects, or other similar work.
end delete(9) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
end deleteVote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 99314.6 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is
2amended to read:end insert
(a) Except as provided in Section 99314.7, the
4following eligibility standards apply:
5(1) Except as provided in paragraph (2), funds shall not be
6allocated for operating purposes pursuant to Sections 99313 and
799314 to an operator unless the operator meets either of the
8following efficiency standards:
9(A) The operator’s total operating cost per revenue vehicle hour
10in the latest year for which audited data are available does not
11exceed the sum of the preceding year’s total operating cost per
12revenue vehicle hour and an amount equal to the product of the
13percentage change in the Consumer Price Index for the same period
14multiplied by the preceding year’s total operating cost per revenue
15vehicle
hour.
16(B) The operator’s average total operating cost per revenue
17vehicle hour in the latest three years for which audited data are
18available does not exceed the sum of the average of the total
19operating cost per revenue vehicle hour in the three years preceding
20the latest year for which audited data are available and an amount
21equal to the product of the average percentage change in the
22Consumer Price Index for the same period multiplied by the
23average total operating cost per revenue vehicle hour in the same
24three years.
25(2) The transportation planning agency, county transportation
26commission, or the San Diego Metropolitan Transit Development
27Board, as the case may be, shall adjust the calculation of operating
P10 1costs and revenue vehicle hours pursuant to paragraph (1) to
2account for either or both of the following factors:
3(A) Exclusion of costs increases beyond the change in the
4Consumer Price Index for fuel; alternative fuel programs; power,
5including electricity; insurance premiums and payments in
6settlement of claims arising out of the operator’s liability; or state
7or federal mandates, including the additional operating costs
8required to provide comparable complementary paratransit service
9as required by Section 37.121 of Title 49 of the Code of Federal
10Regulations, pursuant to the Americans with Disabilities Act of
111990 (42 U.S.C. Sec. 12101 et seq.), as identified in the operator’s
12paratransit plan pursuant to Section 37.139 of Title 49 of the Code
13of Federal Regulations.
14(B) Exclusion of startup costs for new services for a period of
15not more than two years.
16(3) Funds withheld from allocation to an operator pursuant to
17paragraph (1)
shall be retained by the transportation planning
18agency, county transportation commission, or the San Diego
19Metropolitan Transit Development Board, as the case may be, for
20reallocation to that operator for two years following the year of
21ineligibility. In a year in which an operator’s funds are allocated
22pursuant to paragraph (1), funds withheld from allocation during
23a preceding year shall also be allocated. Funds not allocated before
24the commencement of the third year following the year of
25ineligibility shall be reallocated to cost effective high priority
26regional transit activities, as determined by the transportation
27planning agency, county transportation commission, or the San
28Diego Metropolitan Transit Development Board, as the case may
29be. If that agency or commission, or the board, determines that no
30cost effective high priority regional transit activity exists, the
31unallocated funds shall revert to the Controller for reallocation.
32(b) As used in this section, the following terms have the
33following meanings:
34(1) “Operating cost” means the total operating cost as reported
35by the operator under the Uniform System of Accounts and
36Records, pursuant to Section 99243 and subdivision (a) of Section
3799247.
38(2) “Revenue vehicle hours” has the same meaning as “vehicle
39service hours,” as defined in subdivision (h) of Section 99247.
P11 1(3) “Consumer Price Index,” as applied to an operator, is the
2regional Consumer Price Index for that operator’s region, as
3published by the United States Bureau of Labor Statistics. If a
4regional index is not published, the index for the State of California
5applies.
6(4) “New service” has the same meaning as “extension of public
7transportation
services” as defined in Section 99268.8.
8(c) The restrictions in this section do not apply to allocations
9made for capital purposes.
10(d) The exclusion of costs increases described in paragraph (2)
11of subdivision (a) applies solely for the purpose of calculating an
12operator’s eligibility to claim funds pursuant to this section and
13does not authorize an operator to report an operating cost per
14revenue vehicle hour other than as described in this section and in
15Section 99247, to any of the following entities:
16(1) The Controller pursuant to Section 99243.
17(2) The entity conducting the fiscal audit pursuant to Section
1899245.
19(3) The entity conducting the performance audit pursuant to
20Section
99246.
21(e) The restrictions in this section shall not apply to the
22allocation of funds made pursuant to Sections 99313 and 99314
23after January 1, 2010, and through thebegin delete 2014-15end deletebegin insert 2015-16end insert fiscal
24year.
begin insertSection 185033.5 is added to the end insertbegin insertPublic Utilities Codeend insertbegin insert,
26to read:end insert
On or before March 1, 2017, and every two years
28thereafter, the authority shall provide a project update report,
29approved by the Secretary of Transportation as consistent with
30the criteria in this section, to the budget committees and the
31appropriate policy committees of both houses of the Legislature,
32on the development and implementation of intercity high-speed
33train service pursuant to Section 185030. The report, at a
34minimum, shall include a programwide summary, as well as details
35by project segment, with all information necessary to clearly
36describe the status of the project, including, but not limited to, all
37of the following:
38(a) A summary describing the overall progress of the project.
P12 1(b) The baseline budget for all project phase costs, by segment
2or contract, beginning with the California High-Speed Rail
3Program Revised 2012 Business Plan.
4(c) The current and projected budget, by segment or contract,
5for all project phase costs.
6(d) Expenditures to date, by segment or contract, for all project
7phase costs.
8(e) A comparison of the current and projected work schedule
9and the baseline schedule contained in the California High-Speed
10Rail Program Revised 2012 Business Plan.
11(f) A summary of milestones achieved during the prior two-year
12period and milestones expected to be reached in the coming
13two-year period.
14(g) Any issues identified during the prior two-year
period and
15actions taken to address those issues.
16(h) A thorough discussion of risks to the project and steps taken
17to mitigate those risks.
begin insertSection 185035 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is amended
19to read:end insert
(a) The authority shall establish an independent peer
21review group for the purpose of reviewing the planning,
22engineering, financing, and other elements of the authority’s plans
23and issuing an analysis of appropriateness and accuracy of the
24authority’s assumptions and an analysis of the viability of the
25authority’s financing plan, including the funding plan for each
26corridor required pursuant to subdivision (b) of Section 2704.08
27of the Streets and Highways Code.
28(b) The peer review group shall include all of the following:
29(1) Two individuals withbegin insert education andend insert experience in the
30begin insert
planning andend insert constructionbegin delete or operationend delete
ofbegin insert large transportation
31systems, such asend insert high-speedbegin delete trains in Europe, Asia, or both,end deletebegin insert rail,
32or highway systems with similar characteristics,end insert designated by the
33Treasurer.
34(2) Two individuals, one with experience in engineering and
35construction of high-speedbegin delete trainsend deletebegin insert rail or similar large infrastructure
36projectsend insert and one with experience in projectbegin insert planning andend insert
finance,
37designated by the Controller.
38(3) One representative from a financial services or financial
39consulting firm who shall not have been a contractor or
P13 1subcontractor of the authority for the previous three years,
2designated by the Director of Finance.
3(4) One representative with experience in environmental
4planning, designated by the Secretary of Transportation.
5(5) Twobegin delete expert representatives from agenciesend deletebegin insert individuals with
6experienceend insert providingbegin insert or governingend insert intercity or commuter passenger
7train
services in California, designated by the Secretary of
8Transportation.
9(c) The peer review group shall evaluate the authority’s funding
10plans and prepare its independent judgment as to the feasibility
11and reasonableness of the plans, appropriateness of assumptions,
12analyses, and estimates, and any other observations or evaluations
13it deems necessary.
14(d) The authority shall provide the peer review group any and
15all information that the peer review group may request to carry
16out its responsibilities.
17(e) The peer review group shall report its findings and
18conclusions to the Legislature no later than 60 days after receiving
19the plans.
begin insertSection 7104.4 of the end insertbegin insertRevenue and Taxation Codeend insertbegin insert is
21repealed.end insert
All remaining obligations of the Transportation
23Investment Fund as of July 1, 2010, that cannot be funded with
24resources in that fund shall become obligations of the State
25Highway Account.
begin insertSection 7104.4 is added to the end insertbegin insertRevenue and Taxation
27Codeend insertbegin insert, to read:end insert
(a) The State Highway Account in the State
29Transportation Fund is the successor account to the Transportation
30Investment Fund.
31(b) All assets and liabilities of the Transportation Investment
32Fund shall become assets and liabilities of the State Highway
33Account on or before June 30, 2016.
begin insertSection 73.1 of the end insertbegin insertStreets and Highways Codeend insertbegin insert is
35amended to read:end insert
The commission may relinquishbegin delete any portion ofend delete State
37Route 275begin delete that has been agreed to by a cityend deletebegin insert, the Tower Bridge, to
38one or more citiesend insert in which it is locatedbegin insert, upon agreement of the
39city or cities to accept it andend insert pursuant to those terms the
40commission finds to be in the best interest of the state. A
P14 1relinquishment under this section shall become effective upon the
2first day of the next calendar or fiscal year, whichever occurs
first,
3after the effective date of the commission’s approval of the terms.
begin insertSection 73.2 is added to the end insertbegin insertStreets and Highways
5Codeend insertbegin insert, to read:end insert
(a) State Route 275, the Tower Bridge, shall be deemed
7to be in a state of good repair for purposes of relinquishment
8pursuant to Section 73.1, provided that the bridge is not
9structurally deficient and is rated as satisfactory pursuant to the
10National Bridge Index.
11(b) This section shall become inoperative on July 1, 2016, and,
12as of January 1, 2017, is repealed, unless a later enacted statute,
13that becomes operative on or before January 1, 2017, deletes or
14extends the dates on which it becomes inoperative and is repealed.
begin insertSection 156.1 of the end insertbegin insertStreets and Highways Codeend insertbegin insert is
16amended to read:end insert
begin insert(a)end insertbegin insert end insert The Director of Transportation shall prepare an
18annual report describing the status of the department’s progress
19in locating, assessing, and remediating barriers to fish passage.
20This report shall be given to the Legislature by October 31 of each
21year through the yearbegin delete 2020.end deletebegin insert 2025.end insert
22(b) Each report issued after October 31, 2016, shall include a
23status report on the remediation of barriers to fish passage on
24projects that have been identified pursuant to Section 156.5. The
25status report shall include, but is not limited to, all of the following
26information regarding a project identified pursuant to Section
27156.5:
28(1) Any updated information received by the department from
29the Department of Fish and Wildlife regarding the barriers to fish
30passage on the project.
31(2) Whether funding has been committed to the project.
end insertbegin insert32(3) The source of any funding for the project.
end insertbegin insert33(4) The budget summary of the project.
end insertbegin insert
34(5) The status of inspections of culverts to ensure they are
35functioning properly and any other actions by the department to
36assess or remediate barriers to fish passage on the project.
37(6) The applicable program initiation document work plan
38review.
39(7) The estimated completion date for the project.
end insert
begin insertSection 156.5 is added to the end insertbegin insertStreets and Highways
2Codeend insertbegin insert, to read:end insert
(a) The Department of Fish and Wildlife shall identify
4projects described in this article that present the most significant
5barriers to fish passage.
6(b) The department shall prioritize and expedite the remediation
7of barriers to fish passage on projects identified pursuant to
8subdivision (a).
9(c) For the 2015-16 fiscal year, the sum of five million dollars
10($5,000,000) is hereby appropriated from the State Highway
11Account in the State Transportation Fund to the Department of
12Transportation for the identification and remediation of
13high-priority fish passages consistent with this section and Section
14156.1.
begin insertSection 157.2 of the end insertbegin insertStreets and Highways Codeend insertbegin insert is
16amended to read:end insert
begin insert(a)end insertbegin insert end insertThe net proceeds of bonds issued under this article
18shall be deposited in the Clean Renewable Energy Bonds
19Subaccount, which is hereby established as a special trust fund in
20the Special Deposit Fund created pursuant to Section 16370 of the
21Government Code.
22(b) On or before July 1, 2015, any remaining moneys in the
23subaccount shall be transferred to the State Highway Account in
24the State Transportation Fund.
begin insertSection 894.6 of the end insertbegin insertStreets and Highways Codeend insertbegin insert is
26amended to read:end insert
begin insert(a)end insertbegin insert end insertThe Pedestrian Safety Account is hereby established
28in the State Transportation Fund for expenditure by the department,
29upon appropriation, for the purposes of funding grants awarded
30pursuant to Section 894.7.
31(b) All assets and liabilities of the Pedestrian Safety Account
32shall become assets and liabilities of the State Highway Account
33before January 1, 2016.
begin insertSection 894.9 is added to the end insertbegin insertStreets and Highways
35Codeend insertbegin insert, to read:end insert
This article shall remain in effect only until January 1,
372016, and as of that date is repealed.
begin insertSection 2106.6 is added to the end insertbegin insertStreets and Highways
39Codeend insertbegin insert, to read:end insert
The Sacramento County Board of Supervisors may
2allocate up to seven hundred thousand dollars ($700,000) from
3revenues apportioned to Sacramento County pursuant to Sections
42103, 2104, 2105, and 2106, or from other transportation funds
5available to the county, or from any combination of those funds,
6for the purpose of building a soundwall in and around the Walerga
7Park area adjacent to State Route 80 in Sacramento County.
begin insertSection 5205.5 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
9read:end insert
(a) For purposes of implementing Section 21655.9,
11the department shall make available for issuance, for a fee
12determined by the department to be sufficient to reimburse the
13department for the actual costs incurred pursuant to this section,
14distinctive decals, labels, and other identifiers that clearly
15distinguish the following vehicles from other vehicles:
16(1) A vehicle that meets California’s super ultra-low emission
17vehicle (SULEV) standard for exhaust emissions and the federal
18inherently low-emission vehicle (ILEV) evaporative emission
19standard, as defined in Part 88 (commencing with Section
2088.101-94) of Title 40 of the Code of Federal Regulations.
21(2) A vehicle that was produced during the
2004begin delete model-yearend delete
22begin insert
model yearend insert or earlier and meets California’s ultra-low emission
23vehicle (ULEV) standard for exhaust emissions and the federal
24ILEV standard.
25(3) A vehicle that meets California’s enhanced advanced
26technology partial zero-emission vehicle (enhanced AT PZEV)
27standard or transitional zero-emission vehicle (TZEV) standard.
28(b) The department shall include a summary of the provisions
29of this section on each motor vehicle registration renewal notice,
30or on a separate insert, if space is available and the summary can
31be included without incurring additional printing or postage costs.
32(c) The Department of Transportation shall remove individual
33HOV lanes, or portions of those lanes, during periods of peak
34congestion from the access provisions provided in subdivision (a),
35following a
finding by the Department of Transportation as follows:
36(1) The lane, or portion thereof, exceeds a level of service C,
37as discussed in subdivision (b) of Section 65089 of the Government
38Code.
P17 1(2) The operation or projected operation of the vehicles
2described in subdivision (a) in these lanes, or portions thereof, will
3significantly increase congestion.
4(3) The finding shall also demonstrate the infeasibility of
5alleviating the congestion by other means, including, but not
6limited to, reducing the use of the lane by noneligible vehicles or
7further increasing vehicle occupancy.
8(d) The State Air Resources Board shall publish and maintain
9a listing of all vehicles eligible for participation in the programs
10described in this section. The board shall
provide that listing to
11the department.
12(e) (1) For purposes of subdivision (a), the Department of the
13California Highway Patrol and the department, in consultation
14with the Department of Transportation, shall design and specify
15the placement of the decal, label, or other identifier on the vehicle.
16Each decal, label, or other identifier issued for a vehicle shall
17display a unique number, whichbegin delete numberend delete shall be printed on, or
18affixed to, the vehicle registration.
19(2) Decals, labels, or other identifiers designed pursuant to this
20subdivision for a vehicle described in paragraph (3) of subdivision
21(a) shall be distinguishable from the decals, labels, or other
22identifiers that are designed for vehicles described in paragraphs
23(1) and (2) of subdivision (a).
24(f) (1) Except as provided in paragraph (2), for purposes of
25paragraph (3) of subdivision (a), the department shall issue no
26more thanbegin delete 70,000end deletebegin insert 85,000end insert distinctive decals, labels, or other
27identifiers that clearly distinguish a vehicle specified in paragraph
28(3) of subdivision (a).
29(2) The department may issue a decal, label, or other identifier
30for a vehicle that satisfies all of the following conditions:
31(A) The vehicle is of a type identified in paragraph (3) of
32subdivision (a).
33(B) The owner of the vehicle is the owner of a vehicle for which
34a decal, label, or other identifier described in paragraph (1) was
35previously issued and that vehicle for which the decal, label, or
36other identifier was previously issued is determined by the
37department, on the basis of satisfactory proof submitted
by the
38owner to the department, to be a nonrepairable vehicle or a total
39loss salvage vehicle.
P18 1(C) The owner of the vehicle applied for a decal, label, or other
2identifier pursuant to this paragraph within six months of the date
3on which the vehicle for which a decal, label, or other identifier
4was previously issued is declared to be a nonrepairable vehicle or
5a total loss salvage vehicle.
6(g) If the Metropolitan Transportation Commission, serving as
7the Bay Area Toll Authority, grants toll-free and reduced-rate
8passage on toll bridges under its jurisdiction to a vehicle pursuant
9to Section 30102.5 of the Streets and Highways Code, it shall also
10grant the same toll-free and reduced-rate passage to a vehicle
11displaying an identifier issued by the department pursuant to
12paragraph (1) or (2) of subdivision (a).
13(h) (1) Notwithstanding Section 21655.9, and except as
14provided in paragraph (2), a vehicle described in subdivision (a)
15that displays a decal, label, or identifier issued pursuant to this
16section shall be granted a toll-free or reduced-rate passage in
17high-occupancy toll lanes as described in Section 149.7 of the
18Streets and Highways Code unless prohibited by federal law.
19(2) (A) Paragraph (1) does not apply to the imposition of a toll
20imposed for passage on a toll road or toll highway, that is not a
21high-occupancy toll lane as described in Section 149.7 of the
22Streets and Highways Code.
23(B) On or before March 1, 2014, paragraph (1) does not apply
24to the imposition of a toll imposed for passage in lanes designated
25for tolls pursuant to the federally supported value pricing and
26transit development demonstration program
operated pursuant to
27Section 149.9 of the Streets and Highways Code for State Highway
28Route 10 or 110.
29(C) Paragraph (1) does not apply to the imposition of a toll
30charged for crossing a state-owned bridge.
31(i) If the Director of Transportation determines that federal law
32does not authorize the state to allow vehicles that are identified by
33distinctive decals, labels, or other identifiers on vehicles described
34in subdivision (a) to use highway lanes or highway access ramps
35for high-occupancy vehicles regardless of vehicle occupancy, the
36Director of Transportation shall submit a notice of that
37determination to the Secretary of State.
38(j) This section shall become inoperative on January 1, 2019,
39or the date the federal authorization pursuant to Section 166 of
40Title 23 of the United States Code expires, or the date the
Secretary
P19 1of State receives the notice described in subdivision (i), whichever
2occurs first, and, as of January 1, 2019, is repealed, unless a later
3enacted statute, that becomes operative on or before January 1,
42019, deletes or extends the dates on which it becomes inoperative
5and is repealed.
begin insertSection 22352 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
7read:end insert
The prima facie limits are as follows and shall be
9applicable unless changed as authorized in this code and, if so
10changed, only when signs have been erected giving notice thereof:
11(a) Fifteen miles per hour:
12(1) When traversing a railway grade crossing, if during the last
13100 feet of the approach to the crossing the driver does not have
14a clear and unobstructed view of the crossing and of any traffic on
15the railway for a distance of 400 feet in both directions along the
16railway. This subdivision does not apply in the case of any railway
17grade crossing where a human flagman is on duty or a clearly
18visible electrical or mechanical railway crossing signal device is
19installed but does not then indicate the immediate
approach of a
20railway train or car.
21(2) When traversing any intersection of highways if during the
22last 100 feet of the driver’s approach to the intersection the driver
23does not have a clear and unobstructed view of the intersection
24and of any traffic upon all of the highways entering the intersection
25for a distance of 100 feet along all those highways, except at an
26intersection protected by stop signs or yield right-of-way signs or
27controlled by official traffic control signals.
28(3) On any alley.
29(b) Twenty-five miles per hour:
30(1) On any highway other than a state highway, in any business
31or residence district unless a different speed is determined by local
32authority under procedures set forth in this code.
33(2) When approaching or passing a school building or the
34grounds thereof, contiguous to a highway and posted with a
35standard “SCHOOL” warning sign, while children are going to or
36leaving the school either during school hours or during the noon
37recess period. The prima facie limit shall also apply when
38approaching or passing any school grounds which are not separated
39from the highway by a fence, gate, or other physical barrier while
40the grounds are in use by children and the highway is posted with
P20 1a standard “SCHOOL” warning sign. For purposes of this
2subparagraph, standard “SCHOOL” warning signs may be placed
3at any distance up to 500 feet away from school grounds.
4(3) When passing a senior center or other facility primarily used
5by senior citizens, contiguous to a street other than a state highway
6and posted with a standard “SENIOR” warning sign. A local
7authority may erect a sign
pursuant to this paragraph when the
8local agency makes a determination that the proposed signing
9should be implemented. A local authority may request grant
10funding from thebegin delete Pedestrian Safety Accountend deletebegin insert Active Transportation
11Programend insert pursuant tobegin insert Chapter 8 (commencing withend insert Sectionbegin delete 894.7end delete
12begin insert 2380) of Division 3end insert of the Streets and Highways Code, or any other
13grant funding available to it, and use that grant funding to pay for
14the erection of those signs, or may utilize any other funds available
15to it to pay for the erection of those
signs, including, but not limited
16to, donations from private sources.
begin insertItem 2665-306-6043 of Section 2.00 of the end insertbegin insertBudget
18Act of 2012end insertbegin insert (Chapter 21 of the Statutes of 2012), as added by
19Section 9 of Chapter 152 of the
Statutes of 2012, is amended to
20read:end insert
|
2665-306-6043--For capital outlay, High-Speed Rail Authority, payable from the High-Speed Passenger Train Bond Fund | 2,609,076,000 | ||||||
| Schedule: | |||||||
| (1) |
20.01.010-Initial Operating Segment, Section 1--Acquisition and Build | 2,609,076,000 | |||||
| Provisions: | |||||||
| 1. | The project identified in this item may be managed by the High-Speed Rail Authority. | ||||||
| 2. | The expenditure of funds appropriated in this item are governed by Section 13332.19 of the Government Code. The project identified in this item is subject to review and oversight by the State Public Works Board. The project may be implemented using several design-build contracts, each of which will have its own set of performance criteria or performance criteria and concept drawings. Funds appropriated for the build portion of this project may only be expended after the Department of Finance and the State Public Works Board have approved performance criteria or performance criteria and concept drawings for the design-build contract. These approvals may be provided for each design-build contract, from time to time, and build funds associated with that design-build contract may be expended at that time. | ||||||
| 3. | Notwithstanding Section 1.80, the appropriation made in this item is available for encumbrance until June 30, 2018. | ||||||
|
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|
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|
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|
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| 7. | Sixty days prior to awarding the contracts scheduled to be awarded in December 2012 to commence construction of the first construction segment of the initial operating section, the High-Speed Rail Authority shall fill the positions of chief executive officer, risk manager, chief program manager, and chief financial officer and report those hiring to the Joint Legislative Budget Committee. | ||||||
| 8. | Prior to awarding the contracts scheduled to be awarded in December 2012 to commence construction of the first construction segment of the initial operating section, the High-Speed Rail Authority shall prepare and submit a report approved, as consistent with the criteria in this provision, by the Secretary of | ||||||
| (a) | A comprehensive risk management plan that defines roles and responsibilities for risk management and addresses the process by which the authority will identify and quantify project risks, implement and track risk response activities, and monitor and control risks throughout the duration of each project. | ||||||
| (b) | Quantification of the effect of identified risks in financial terms. | ||||||
| (c) | Development documents to track identified risks and related mitigation steps. | ||||||
| (d) | Plans for regularly updating its estimates of capital and support costs. | ||||||
| (e) | Plans for regularly reassessing its reserves for potential claims and unknown risks, incorporating information related to risks identified and quantified through its risk assessment processes. | ||||||
| (f) | Plans for regularly integrating estimates for capital, support costs, and contingency reserves in required reports. | ||||||
| 9. | The High-Speed Rail Authority shall, as part of its January 1, 2014, Business Plan, include: a proposed approach for improving (a) demand projections, (b) operations and maintenance cost models, and (c) benefit-cost analysis as applied to future project decisions. The authority shall also submit a copy of the study by the Union Internationale des Chemins de Fer (the international union of railways) examining how the authority’s estimated operating costs for high-speed rail compare to high-speed rail systems in other countries. These
business plan components approved, as consistent with the criteria in this provision, by the Secretary of | ||||||
| 10. | On or before June 30, 2013, the High-Speed Rail Authority shall prepare and submit a report approved, as consistent with the criteria in this provision, by the Secretary of | ||||||
| 11. | Within 10 days of executing a valid memorandum of understanding (MOU) with regional transportation agencies relative to the Northern California Unified Service, the High-Speed Rail Authority shall make a copy of the MOU available to the Senate Committee on Transportation and Housing, the Assembly Committee on Transportation, and the Senate and Assembly committees on budget. | ||||||
| 12. | The safeguards and oversight rules and processes of Sections 13332.11 or 13332.19 of the Government Code, as appropriate, shall apply to the High-Speed Rail Authority. | ||||||
| 13. | The funds appropriated in this item shall only be made available for expenditure upon the enactment of an appropriation of $106,000,000 in Item 2660-304-6043, an appropriation of $713,333,000 in Item 2660-104-6043 for “Connectivity” funding, and an appropriation of $1,100,000,000 in Item 2665-104-6043 for “Bookend” funding, as articulated in the 2012 High-Speed Rail Authority Final Business Plan. | ||||||
The Department of Transportation shall prepare a
31report examining improvements to safety, reduction of greenhouse
32gas emissions, and improvements to intercity rail passenger service
33levels that could be achieved through investments in improvements
34to grade level crossings or construction of grade separation
35projects at key intersections along state-sponsored intercity rail
36routes. For purposes of this report, “key intersections” means
37intersections identified in the Federal Railroad Administration’s
38Web Accident Prediction System with a predicted collision risk of
390.15 or greater. The report shall be provided
to the Legislature
P26 1on or before April 1, 2016, in the manner provided in Section 9795
2of the Government Code.
This act is a bill providing for appropriations related
4to the Budget Bill within the meaning of subdivision (e) of Section
512 of Article IV of the California Constitution, has been identified
6as related to the budget in the Budget Bill, and shall take effect
7immediately.
Section 6100 of the Fish and Game Code is
9amended to read:
(a) Notwithstanding any provision of Article 3
11(commencing with Section 5980) and Article 4 (commencing with
12Section 6020), on or after January 1, 1972, any new diversion of
13water from any stream having populations of salmon and steelhead
14that is determined by the department to be deleterious to salmon
15and steelhead shall be screened by the owner. The construction,
16operation, or maintenance costs of any screen required pursuant
17to this article shall be borne by the owner of the diversion.
18(b) The department, within 30 days of providing written notice
19to the owner that the department has determined that the diversion
20is deleterious to salmon and steelhead
pursuant to subdivision (a),
21or within the time determined by mutual written agreement, shall
22submit to the owner its proposals as to measures necessary to
23protect the salmon and steelhead. The department shall notify the
24owner that it shall make onsite investigation and shall make any
25other investigation before it shall propose any measures necessary
26to protect fishlife.
27(c) The department, or any agency of the state, shall provide
28the owner of the diversion any available information that is required
29by the owner in order to comply with the provisions of this article.
30(d) The diversion shall not commence until the department has
31determined that measures necessary to protect fishlife have been
32incorporated into the plans and construction of the
diversion.
Section 12025.1 is added to the Fish and Game Code,
34to read:
(a) In addition to any penalties imposed by any other
36law, a person found to have violated Section 5901 shall be liable
37for a civil penalty of not more than eight thousand dollars ($8,000)
38for each violation. Each day that a violation of Section 5901 occurs
39or continues without a good faith effort by the person to cure the
P27 1violation after receiving notice from the department shall constitute
2a separate violation.
3(b) All civil penalties imposed or collected by a court for a
4separate violation pursuant to this section in connection with the
5production or cultivation of a controlled substance shall not be
6considered to be fines or forfeitures, as described in Section
13003,
7and shall be apportioned in the manner described in subdivision
8(d) of Section 12025.
9(c) All civil penalties imposed or collected by a court for a
10separate violation pursuant to this section not in connection with
11the production or cultivation of a controlled substance shall not
12be considered to be fines or forfeitures, as described in Section
1313003, and shall be apportioned in the following manner:
14(1) Thirty percent shall be distributed to the county in which
15the violation was committed pursuant to Section 13003. The county
16board of supervisors shall first use any revenues from those
17penalties to reimburse the costs incurred by the district attorney
18or city attorney in investigating and prosecuting the violation.
19(2) (A) Thirty percent shall be distributed to the investigating
20agency to be used to reimburse the cost of any investigation directly
21related to the violations described in this section.
22(B) If the department receives reimbursement pursuant to this
23paragraph for activities funded pursuant to subdivision (f) of
24Section 4629.6 of the Public Resources Code, the reimbursement
25funds shall be deposited into the Timber Regulation and Forest
26Restoration Fund, created by Section 4629.3 of the Public
27Resources Code, if there is an unpaid balance for a loan authorized
28by subdivision (f) of Section 4629.6 of the Public Resources Code.
29(3) Forty percent shall be deposited into the Fish and Game
30Preservation Fund.
31(d) (1) Civil penalties authorized pursuant to subdivision (a)
32may be imposed administratively by the department according to
33the procedures described in paragraphs (1) through (4), inclusive,
34of subdivision (e) of Section 12025.
35(2) The department shall adopt emergency regulations to
36implement this subdivision in accordance with the Administrative
37Procedure Act (Chapter 3.5 (commencing with Section 11340) of
38Part 1 of Division 3 of Title 2 of the Government Code). The
39adoption of these regulations shall be deemed to be an emergency
P28 1and necessary for the immediate preservation of the public peace,
2health and safety, or
general welfare.
3(e) All administrative penalties imposed or collected by the
4department for a separate violation pursuant to this section in
5connection with the production or cultivation of a controlled
6substance shall not be considered to be fines or forfeitures, as
7described in Section 13003, and shall be deposited according the
8
provisions of subdivision (f) of Section 12025.
9(f) All administrative penalties imposed or collected by the
10department for a separate violation pursuant to this section not in
11connection with the production or cultivation of a controlled
12substance shall not be considered to be fines or forfeitures, as
13described in Section 13003, and shall be deposited into the Timber
14Regulation and Forest Restoration Fund, created by Section 4629.3
15of the Public Resources Code, to repay any unpaid balance of a
16loan authorized by subdivision (f) of Section 4629.6 of the Public
17Resources Code. Any remaining funds from administrative
18penalties collected pursuant to this subdivision shall be apportioned
19in the following manner:
20(1) Fifty percent shall be deposited into the Fish and Game
21Preservation
Fund.
22(2) Fifty percent shall be deposited into the Timber Regulation
23and Forest Restoration Fund for grants authorized pursuant to
24subdivision (h) of Section 4629.6 of the Public Resources Code.
25(g) For purposes of this section, “controlled substance” has the
26same meaning as defined in Section 11007 of the Health and Safety
27Code.
Section 12025.2 is added to the Fish and Game Code,
29to read:
The director or his or her designee may issue a
31complaint to any person or entity in accordance with Section 1055
32of the Water Code alleging a violation of Section 1052 of the Water
33Code that harms fish and wildlife resources. The complaint is
34subject to the substantive and procedural requirements set forth in
35Section 1055 of the Water Code, and the department shall be
36designated a party to any proceeding before the State Water
37Resources Control Board regarding a complaint filed pursuant to
38this section.
Section 8687.9 is added to the Government Code, to
40read:
Funding and financial assistance provided to local
2governments in response to an emergency, as that term is used in
3Section 8558, is not subject to the eligibility restrictions of Section
41782 of the Labor Code.
Section 4629.6 of the Public Resources Code is
6amended to read:
Moneys deposited in the fund shall, upon appropriation
8by the Legislature, only be expended for the following purposes:
9(a) To reimburse the State Board of Equalization for its
10administrative costs associated with the administration, collection,
11audit, and issuance of refunds related to the lumber products and
12engineered wood assessment established pursuant to Section
134629.5.
14(b) To pay refunds issued pursuant to Part 30 (commencing
15with Section 55001) of Division 2 of the Revenue and Taxation
16Code.
17(c) To support the activities and costs of the department, the
18Department
of Conservation, the Department of Fish and Wildlife,
19the State Water Resources Control Board, and regional water
20quality control boards associated with the review of projects or
21permits necessary to conduct timber operations. On or after July
221, 2013, except for fees applicable for fire prevention or protection
23within state responsibility area classified lands or timber yield
24assessments, no currently authorized or required fees shall be
25charged by the agencies listed in this subdivision for activities or
26costs associated with the review of a project, inspection and
27oversight of projects, and permits necessary to conduct timber
28operations of those departments and boards.
29(d) For transfer to the department’s Forest Improvement
30Program, upon appropriation by the Legislature, for forest resources
31improvement grants and projects administered by the
department
32pursuant to Chapter 1 (commencing with Section 4790) and
33Chapter 2 (commencing with Section 4799.06) of Part 2.5 of
34Division 4.
35(e) To fund existing restoration grant programs, with priority
36given to the Fisheries Restoration Grant Program administered by
37the Department of Fish and Wildlife and grant programs
38administered by state conservancies.
39(f) (1) As a loan to the Department of Fish and Wildlife for
40activities to address environmental damage occurring on forest
P30 1lands resulting from marijuana cultivation. Not more than five
2hundred thousand dollars ($500,000) may be loaned from the fund
3in a fiscal year pursuant to this paragraph. This paragraph shall
4become inoperative on July 1, 2017.
5(2) Any funds deposited into the Timber Regulation and Forest
6Restoration Fund pursuant to subdivision (d) or (f) of Section
712025 or subdivision (b), (c), (e), or (f) of Section 12025.1 of the
8Fish and Game Code shall be credited toward loan repayment.
9(3) Moneys from the General Fund shall not be used to repay
10a loan authorized pursuant to this subdivision.
11(g) To the department, upon appropriation by the Legislature,
12for fuel treatment grants and projects pursuant to authorities under
13the Wildland Fire Protection and Resources Management Act of
141978 (Article 1 (commencing with Section 4461) of Chapter 7 of
15Part 2 of Division 4).
16(h) To the department, upon appropriation by the Legislature,
17to provide
grants to local agencies responsible for fire protection,
18qualified nonprofits, recognized tribes, local and state governments,
19and resources conservation districts, undertaken on a state
20responsibility area (SRA) or on wildlands not in an SRA that pose
21a threat to the SRA, to reduce the costs of wildland fire suppression,
22reduce greenhouse gas emissions, promote adaptation of forested
23landscapes to changing climate, improve forest health, and protect
24homes and communities.
Section 189 is added to the Water Code, to read:
(a) There is hereby established the Office of Sustainable
27Water Solutions within the state board, which may be administered
28by the state board as a separate organizational unit or within the
29state board’s divisions or offices.
30(b) The purpose of the office is to promote permanent and
31sustainable drinking water and wastewater treatment solutions to
32ensure the effective and efficient provision of safe, clean,
33affordable, and reliable drinking water and wastewater treatment
34services. In furtherance of this purpose, the office may take, but
35is not limited to, all of the following actions:
36(1) Coordinating with
and providing assistance to small drinking
37water systems, wastewater treatment systems, and disadvantaged
38communities without drinking water or wastewater treatment
39systems.
P31 1(2) Promoting and facilitating regional drinking water and
2wastewater projects.
3(3) Promoting and facilitating regional solutions, including
4consolidation of existing water districts, expansion of existing
5water districts to serve communities unserved by public water
6systems and wastewater treatment systems, and extension of
7services to underserved communities and disadvantaged
8communities.
9(4) Advancing the delivery of affordable, safe drinking water
10to disadvantaged communities throughout the state.
11(5) Providing technical assistance to disadvantaged communities
12and small drinking water systems and wastewater systems,
13including grant application assistance, outreach and education in
14vulnerable communities, financial management support, and
15facilitation of discussions within and between communities.
Section 13442 of the Water Code is amended to read:
(a) Upon application by an eligible entity, as described
18in subdivision (b), the state board may approve the payment of
19moneys from the account to that entity to assist in cleaning up a
20waste, abating the effects of a waste on waters of the state, or
21addressing an urgent drinking water need without regard to whether
22the need for drinking water is a result of the discharge of waste.
23(b) An entity is eligible to apply for funding pursuant to this
24section if that entity has authority to undertake the activity for
25which it seeks moneys and the entity is any of the following:
26(1) A public agency.
27(2) A tribal government that is on the California Tribal
28Consultation List maintained by the Native American Heritage
29Commission and is a disadvantaged community, as defined in
30Section 79505.5, that agrees to waive tribal sovereign immunity
31for the explicit purpose of regulation by the state board pursuant
32to this division.
33(3) A not-for-profit organization serving a disadvantaged
34community, as defined in Section 79505.5.
35(4) A community water system, as defined in Section 116275
36of the Health and Safety Code, that serves a disadvantaged
37community, as defined in Section 79505.5.
38(c) An eligible entity shall not become liable to the state board
39for
repayment of moneys paid to the entity under this section and
40expended in accordance with the state board’s approval of payment,
P32 1but this shall not be a defense to an action brought pursuant to
2subdivision (c) of Section 13304 for the recovery of moneys paid
3under this section.
4(d) Projects using moneys that are paid to an eligible entity
5pursuant to this section shall be exempt from state contracting and
6procurement requirements set forth in the Government Code and
7the Public Contract Code to the extent necessary to take immediate
8action to protect public health and safety.
9(e) The state board may adopt guidelines for the allocation and
10administration of these moneys that shall not be subject to Chapter
113.5 (commencing with Section 11340) of Part 1 of Division 3 of
12Title 2 of
the Government Code.
13(f) This section shall become inoperative on July 1, 2018, and,
14as of January 1, 2019, is repealed, unless a later enacted statute,
15that becomes operative on or before January 1, 2019, deletes or
16extends the dates on which it becomes inoperative and is repealed.
Section 13442 is added to the Water Code, to read:
(a) Upon application by a public agency, a tribal
19government that is on the California Tribal Consultation List
20maintained by the Native American Heritage Commission and is
21a disadvantaged community, as defined in Section 79505.5, that
22agrees to waive tribal sovereign immunity for the explicit purpose
23of regulation by the state board pursuant to this division, or a
24not-for-profit organization serving a disadvantaged community,
25as defined in Section 79505.5, with authority to clean up a waste
26or abate the effects of a waste, the state board may order moneys
27to be paid from the account to the agency, tribal government, or
28organization to assist it in cleaning up the waste or abating its
29effects on waters of the state.
30(b) The agency, a tribal government that is on the California
31Tribal Consultation List maintained by the Native American
32Heritage Commission and is a disadvantaged community, as
33defined in Section 79505.5, that agrees to waive tribal sovereign
34immunity for the explicit purpose of regulation by the state board
35pursuant to this division, or a not-for-profit organization serving
36a disadvantaged community, as defined in Section 79505.5, shall
37not become liable to the state board for repayment of moneys paid
38under this section, but this shall not be a defense to an action
39brought pursuant to subdivision (c) of Section 13304 for the
40recovery of moneys paid under this section.
P33 1(c) This section shall become operative on July 1, 2018.
Section 81023 is added to the Water Code, to read:
Consistent with Division 26.7 (commencing with
4Section 79700), the sum of ten million dollars ($10,000,000) of
5the proceeds of bonds authorized to be issued and available for
6the purposes of Section 79746 shall be transferred to the fund and
7used by the department, upon appropriation, for loans for the
8following water conservation and water use efficiency projects
9and programs to achieve urban water use targets developed
10pursuant to Section 10608.20:
11(a) (1) Five million dollars ($5,000,000) for a pilot project for
12local agencies to provide water efficiency upgrades to eligible
13residents at no upfront cost.
14(2) Five million dollars ($5,000,000) for local agencies to
15provide low-interest loans to customers to finance the installation
16of onsite improvements to repair or replace, as necessary, cracked
17or leaking water pipes to conserve water.
18(b) The department may implement this section by providing
19to a local agency a zero-interest loan of up to three million dollars
20($3,000,000).
21(c) A local agency that receives a loan pursuant to this section
22shall exercise reasonable efforts to recover the costs of the loan.
23However, the department may waive up to 10 percent of the
24repayment amount for costs that could not be recovered by the
25local agency.
26(d) The department and a local agency that is an urban retail
27water
supplier and that receives a loan pursuant to this section may
28enter into a mutually agreeable schedule for making loan
29repayments into the CalConserve Water Use Efficiency Revolving
30Fund.
Section 81046 of the Water Code is amended to read:
A local agency may implement water use efficiency
33loan programs pursuant to this division through on-bill financing.
(a) In order to ensure that equipment and services
35necessary for drought response can be procured quickly, the
36provisions of the Government Code and the Public Contract Code
37applicable to state contracts, including, but not limited to,
38advertising and competitive bidding requirements, are suspended
39for purposes of state agencies implementing Executive Order
40B-28-14 and the proclamations of a state of emergency dated
P34 1January 17, 2014, and April 25, 2014, as long as the state of
2emergency due to drought conditions remains in effect.
3(b) The suspensions provided in subdivision (a) apply only to
4contracts that respond to
conditions arising from the drought and
5that support the state agencies in any of the following:
6(1) Addressing impacts on human health and safety, including
7providing or improving availability of food, water, or shelter.
8(2) Addressing impacts on fish and wildlife resources.
9(3) Providing water to persons or communities affected by the
10drought.
11(c) Approval by the Department of Finance is required prior to
12the execution of any contract entered into pursuant to this section.
13(d) Information related to a contract approved pursuant to this
14section shall be posted on the California Drought Internet Web
15site,
including identification of the contracting agency, the
16contractor, the contract amount, the contract duration, and a brief
17description of the goods or services provided under the contract.
An agency receiving moneys from one or more
19sources as appropriated pursuant to either Assembly Bill 91 or
20Senate Bill 75 of the 2015-16 Regular Session shall use, whenever
21feasible, the services of the California Conservation Corps or a
22certified community conservation corps, as defined under Section
2314507.5 of the Public Resources Code, for restoration, ecosystem
24protection projects, or other similar work.
This act is a bill providing for appropriations related
26to the Budget Bill within the meaning of subdivision (e) of Section
2712 of Article IV of the California Constitution, has been identified
28as related to the budget in the Budget Bill, and shall take effect
29immediately.
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