Amended in Senate March 17, 2016

Senate Bill No. 951

Introduced by Senator McGuire

February 4, 2016

begin delete An act to amend Section 22350 of the Penal Code, relating to vehicles. end delete begin insert An act to amend Section 39719 of the Health and Safety Code, and to add and repeal Part 4 (commencing with Section 75240) of Division 44 of the Public Resources Code, relating to transportation, and making an appropriation therefor. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 951, as amended, McGuire. begin delete Vehicles: speed limit. end delete begin insert Transportation: Golden State Patriot Passes Program. end insert

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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 10% of the annual proceeds of the fund to the Transit and Intercity Rail Capital Program and 5% of the annual proceeds of the fund to the Low Carbon Transit Operations Program.

end insert begin insert

This bill would appropriate $3,000,000 annually until the 2020-21 fiscal year from the Greenhouse Gas Reduction Fund for the Golden State Patriot Passes Program, which the bill would create, to be administered by the Department of Transportation to provide veterans with free access to transit services. The bill would require the department, in coordination with the State Air Resources Board, to develop guidelines that describe the methodologies that a participating transit operator would use to demonstrate that proposed expenditures would reduce greenhouse gas emissions, increase veteran mobility, and fulfill specified requirements. The bill would require the department to select 3 transit operators to participate, and would require a transit operator selected to participate in the program to match any state moneys that it receives through the program with local moneys. The bill would require the participating transit operators and the department to report on the program. The bill would repeal the program on January 1, 2022.

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Existing law prohibits a person from driving a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed that endangers the safety of persons or property.

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This bill would expressly prohibit a person from driving a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for objects and disabled vehicles on the side of the highway.

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Vote: majority. Appropriation:  begin delete no end delete begin insert yes end insert . Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

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begin insert SECTION 1. end insert   

end insert

begin insert This act shall be known and may be cited as the
Golden State Patriot Passes Program. end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 39719 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

39719.  

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

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

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

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

(B) Five percent of the annual proceeds of the fund is hereby
continuously appropriated to the Low Carbon Transit Operations
Program created by Part 3 (commencing with Section 75230) of
Division 44 of the Public Resources Code. Funds shall be allocated
by the Controller, according to requirements of the program, and
pursuant to the distribution formula in subdivision (b) or (c) of
Section 99312 of, and Sections 99313 and 99314 of, the Public
Utilities Code.

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

(2) Beginning in the 2015-16 fiscal year, notwithstanding
Section 13340 of the Government Code, 25 percent of the annual
proceeds of the fund is hereby continuously appropriated to the
High-Speed Rail Authority for the following components of the
initial operating segment and Phase I Blended System as described
in the 2012 business plan adopted pursuant to Section 185033 of
the Public Utilities Code:

(A) Acquisition and construction costs of the project.

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

(C) Other capital costs of the project.

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

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

begin insert

(d) There is hereby appropriated three million dollars
($3,000,000) annually for the 2017-18 to 2020-21, inclusive, fiscal
years from the proceeds of the fund to the Golden State Patriot
Passes Program created pursuant to Part 4 (commencing with
Section 75240) of Division 44 of the Public Resources Code.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Part 4 (commencing with Section 75240) is added to
Division 44 of the end insert begin insert Public Resources Code end insert begin insert , to read: end insert

begin insert

 

PART  begin insert 4. end insert   Golden State Patriot Passes Program

 

begin insert 75240. end insert   

(a) The Golden State Patriot Passes Program is hereby
created as a pilot program to provide veterans with free access to
transit services and thereby reduce greenhouse gas emissions and
increase veteran mobility.

(b) The Department of Transportation shall administer the
program.

(c) Moneys appropriated by the Legislature for this part shall
be allocated by the Controller, upon a determination by the
Department of Transportation that the expenditures proposed by
a participating transit operator meet the requirements of this part
and guidelines developed pursuant to subdivision (d).

(d) (1) The Department of Transportation, in coordination with
the State Air Resources Board, shall develop guidelines that
describe the methodologies that a participating transit operator
shall use to demonstrate that proposed expenditures would reduce
greenhouse gas emissions, increase veteran mobility, and fulfill
the requirements specified in subdivisions (e) and (f).

(2) Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code does not apply to
the development of guidelines for the program pursuant to this
part.

(e) (1) By January 1, 2018, the Department of Transportation
shall select three transit operator applicants to receive moneys
through the pilot program.

(2) If there are sufficient applicants, all of the following
requirements shall apply to the selection of transit operator
applicants:

(A) The Department of Transportation shall not select a transit
operator applicant that, at that time, provides veterans with free
access to transit services in its service area.

(B) The Department of Transportation shall select applicants
that serve entirely different counties.

(C) The Department of Transportation shall select one applicant
that primarily serves an urban area, one applicant that primarily
serves a suburban area, and one applicant that primarily serves
a rural area. For purposes of this part, the department shall
determine which areas are urban, suburban, and rural, based on
United States Census data.

(3) Only a public agency, including, but not limited to, a transit
operator within a city or county or city and county, shall be eligible
to participate in any manner in the program.

(f) (1) A transit operator selected to participate in the program
shall match any state moneys that it receives through the program
with local moneys made available to it for purposes consistent
with the program.

(2) The participating transit operator primarily serving an
urban area shall not receive more than two million dollars
($2,000,000) in state moneys per fiscal year under the program.

(3) The participating transit operator primarily serving a
suburban area shall not receive more than nine hundred thousand
dollars ($900,000) in state moneys per fiscal year under the
program.

(4) The participating transit operator primarily serving a rural
area shall not receive more than one hundred thousand dollars
($100,000) in state moneys per fiscal year under the program.

(g) In order to receive free access to the transit services offered
pursuant to this part, a veteran shall provide a veterans
identification card issued by a veterans service organization, or
a driver’s license or identification card, identifying the holder as
a veteran and issued by the Department of Motor Vehicles pursuant
to paragraph (5) of subdivision (c) of Section 12811 of the Vehicle
Code.

(h) In selecting applicants, the Department of Transportation
shall ensure that benefits are provided by the pilot program to
disadvantaged communities consistent with the requirements of
Section 39713 of the Health and Safety Code.

begin insert 75245. end insert   

(a) Each participating transit operator shall prepare
and submit a report regarding the pilot program to the Department
of Transportation by February 1, 2021.

(b) The Department of Transportation shall prepare and submit
a report based on the reports of the participating transit operators
to the Legislature by August 1, 2021.

(c) The reports specified in subdivisions (a) and (b) shall
include, but not be limited to, a discussion of all of the following
issues:

(1) Cost.

(2) Use of moneys.

(3) Estimated reduction in greenhouse gas emissions.

(4) Ridership.

begin insert 75249. end insert   

This part shall remain in effect only until January 1,
2022, and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2022, deletes or extends that
date.

end insert

begin delete

  

end delete

begin delete

SECTION 1.  

Section 22350 of the Vehicle Code is amended
to read:

22350.  

A person shall not drive a vehicle upon a highway at a
speed greater than is reasonable or prudent having due regard for
weather, visibility, the traffic on, objects and disabled vehicles on
the side of, and the surface and width of, the highway, and in no
event at a speed that endangers the safety of persons or property.

end delete