BILL NUMBER: SB 117	CHAPTERED  10/10/99

	CHAPTER   739
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 7, 1999
	PASSED THE SENATE   SEPTEMBER 9, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 7, 1999
	AMENDED IN ASSEMBLY   SEPTEMBER 2, 1999
	AMENDED IN SENATE   MAY 18, 1999

INTRODUCED BY   Senator Murray
   (Principal coauthor:  Assembly Member Villaraigosa)
   (Coauthors:  Senators Chesbro and O'Connell)

                        DECEMBER 18, 1998

   An act to amend Section 164.56 of the Streets and Highways Code,
relating to transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 117, Murray.  Transportation facilities:  Environmental
Enhancement and Mitigation Program Fund.
   Existing law states that it is the intent of the Legislature,
commencing July 1, 1991, to allocate $10,000,000 annually for 10
years to the Environmental Enhancement and Mitigation Demonstration
Program Fund.  Under these provisions, local, state, and federal
agencies and nonprofit entities may apply for and receive grants, as
specified, for environmental enhancement and mitigation projects
related to the environmental impact of modifying existing
transportation facilities or for the design, construction, or
expansion of new transportation facilities.
   This bill would delete the 10-year limitation of the existing law
and instead would specify that it is the intent of the Legislature to
allocate $10,000,000 annually to the fund which would be renamed the
Environmental Enhancement and Mitigation Program Fund.  The bill
also would make related changes.
   The bill also would require the California Transportation
Commission, on or before December 31 of each year, to provide the
Assembly Committee on Budget and the Senate Committee on Budget and
Fiscal Review with a list of projects funded from the program during
the previous fiscal year, as specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 164.56 of the Streets and Highways Code is
amended to read:
   164.56.  (a) It is the intent of the Legislature to allocate ten
million dollars ($10,000,000) annually to the Environmental
Enhancement and Mitigation Program Fund, which is hereby created.
   (b) Local, state, and federal agencies and nonprofit entities may
apply for and may receive grants, not to exceed five million dollars
($5,000,000) for any single grant, to undertake environmental
enhancement and mitigation projects that are directly or indirectly
related to the environmental impact of modifying existing
transportation facilities or for the design, construction, or
expansion of new transportation facilities.
   (c) Projects eligible for funding include, but are not limited to,
all of the following:
   (1) Highway landscaping and urban forestry projects designed to
offset vehicular emissions of carbon dioxide.
   (2) Acquisition or enhancement of resource lands to mitigate the
loss of, or the detriment to, resource lands lying within the
right-of-way acquired for proposed transportation improvements.
   (3) Roadside recreational opportunities, including roadside rests,
trails, trailheads, and parks.
   (4) Projects to mitigate the impact of proposed transportation
facilities or to enhance the environment, where the ability to
effectuate the mitigation or enhancement measures is beyond the scope
of the lead agency responsible for assessing the environmental
impact of the proposed transportation improvement.
   (d) Grant proposals shall be submitted to the Resources Agency for
evaluation in accordance with procedures and criteria prescribed by
the Resources Agency.  The Resources Agency shall evaluate proposals
submitted to it and prepare a list of proposals recommended for
funding.  The list may be revised at any time.  Prior to including a
proposal on the list, the Resources Agency shall make a finding that
the proposal is eligible for funding pursuant to subdivision (f).
   (e) Within the fiscal limitations of subdivisions (a) and (b), the
commission shall annually award grants to fund proposals that are
included on the list prepared by the Resources Agency pursuant to
subdivision (d).
   (f) Projects funded pursuant to this section shall be projects
that contribute to mitigation of the environmental effects of
transportation facilities, as provided for by Section 1 of Article
XIX of the California Constitution.
   (g) Notwithstanding Section 7550.5 of the Government Code, on or
before December 31 of each year, the commission shall provide the
Assembly Committee on Budget and the Senate Committee on Budget and
Fiscal Review with a list of projects funded from the Environmental
Enhancement and Mitigation Program during the previous fiscal year
and a copy of the most recent criteria for allocating grants pursuant
to this section.