BILL NUMBER: SB 951 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 17, 2016
INTRODUCED BY Senator McGuire
FEBRUARY 4, 2016
An act to amend Section 22350 of the Penal Code, relating
to vehicles. 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.
LEGISLATIVE COUNSEL'S DIGEST
SB 951, as amended, McGuire. Vehicles: speed limit.
Transportation: Golden State Patriot Passes Program.
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.
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.
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.
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.
Vote: majority. Appropriation: no yes
. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be
cited as the Golden State Patriot Passes Progra m.
SEC. 2. Section 39719 of the Health and
Safety Code is amended to read:
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.
(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.
SEC. 3. Part 4 (commencing with Section 75240) is
added to Division 44 of the Public Resources Code
, to read:
PART 4. Golden State Patriot Passes Program
75240. (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.
75245. (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.
75249. 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.
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.