BILL NUMBER: AB 892 CHAPTERED
BILL TEXT
CHAPTER 483
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE AUGUST 27, 2009
PASSED THE ASSEMBLY AUGUST 31, 2009
AMENDED IN SENATE JULY 9, 2009
AMENDED IN SENATE JUNE 16, 2009
AMENDED IN ASSEMBLY APRIL 15, 2009
INTRODUCED BY Assembly Member Furutani
FEBRUARY 26, 2009
An act to amend Sections 39626.5 and 39627.5 of the Health and
Safety Code, relating to air pollution, and making an appropriation
therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 892, Furutani. Goods Movement Emission Reduction Program.
Existing law, the Highway Safety, Traffic Reduction, Air Quality,
and Port Security Bond Act of 2006, approved by the voters as
Proposition 1B at the November 7, 2006, general election, authorizes
the issuance of general obligation bonds for various
transportation-related purposes, including reducing emissions and
improving air quality in trade corridors. The State Air Resources
Board is required to allocate the funds to be used for air quality
purposes pursuant to specified requirements. No project can be funded
unless the project is sponsored by an applicant, as defined.
Returned funds or unspent funds from obligated contracts received by
the applicant prior to the end of a requirement to liquidate funds
within 4 years of the date of the award of a contract between the
applicant and a contractor revert to the California Ports
Infrastructure, Security, and Air Quality Improvement Account for
allocation upon appropriation by the Legislature.
This bill would authorize the applicant to award these unspent or
returned funds to other equipment projects included on the same
competitively ranked list approved by the state board pursuant to the
grant agreement, or, if there are no other eligible projects
included on that list, these funds would be returned to the state
board for reallocation to an applicant consistent with guidelines to
be developed by the state board. Funds awarded by the applicant would
be required to be liquidated within 4 years of the date of the award
of the original contract or the funds would revert to the California
Ports Infrastructure, Security, and Air Quality Improvement Account
for allocation upon appropriation by the Legislature.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 39626.5 of the Health and Safety Code is
amended to read:
39626.5. (a) A project shall not be funded pursuant to this
chapter unless both of the following requirements are met:
(1) The project is sponsored by an applicant.
(2) The project is consistent with any comprehensive local or
regional plans or strategies to reduce emissions from goods movement
activities in its jurisdiction.
(b) Notwithstanding Section 16304.1 of the Government Code, an
applicant receiving funds pursuant to this chapter shall have up to
two years from the date that the funds are allocated to the applicant
pursuant to a grant agreement to award the contract for
implementation of a project, or the funds shall revert to the
California Ports Infrastructure, Security, and Air Quality
Improvement Account for allocation as provided in paragraph (2) of
subdivision (c) of Section 8879.23 of the Government Code upon
appropriation by the Legislature. Funds not liquidated within four
years of the date of the award of the contract between the applicant
and the contractor shall revert to the California Ports
Infrastructure, Security, and Air Quality Improvement Account for
allocation as provided in paragraph (2) of subdivision (c) of Section
8879.23 of the Government Code upon appropriation by the
Legislature. Returned funds or unspent funds from obligated contracts
received by the applicant prior to the end of the four-year
liquidation period may be awarded by the applicant to fund other
equipment projects included on the same competitively ranked list
approved by the state board pursuant to the grant agreement, or, if
there are no other eligible projects included on that list, shall be
returned to the state board for reallocation to an applicant by the
state board pursuant to guidelines developed and adopted by the state
board through a public process. These guidelines shall give first
priority to projects that are both in the same emission source
category and in the same trade corridor as the original project, and
second priority to projects that are only in the same trade corridor
as the original project. All funds awarded by the applicant shall be
liquidated within four years of the date of the award of the original
contract or shall revert to the California Ports Infrastructure,
Security, and Air Quality Improvement Account for allocation provided
in paragraph (2) of subdivision (c) of Section 8879.23 of the
Government Code upon appropriation by the Legislature.
(c) Of the amount appropriated in Item 3900-001-6054 of the Budget
Act of 2007, not more than twenty-five million dollars ($25,000,000)
shall be available to the state board for the purpose of executing
grant agreements directly with ports, railroads, or local air
districts for eligible projects to achieve the earliest possible
health risk reduction from the emission sources identified in
subdivision (c) of Section 39625.1. It is the intent of the
Legislature that funds allocated pursuant to this subdivision be
distributed pursuant to the guidelines adopted by the state board
under Section 39626, and that the state board provide sufficient
opportunity for the public to review and comment on any projects
proposed to be funded pursuant to this subdivision.
SEC. 2. Section 39627.5 of the Health and Safety Code is amended
to read:
39627.5. The state board shall submit an annual report to the
Legislature summarizing its activities related to the administration
of this chapter with the Governor's proposed budget, on January 10,
for the ensuing fiscal year. The summary shall, at a minimum, include
a description of projects funded pursuant to this chapter, the
amount of funds allocated for each project, the location of each
project, the status of each project, and a quantitative description
of the emissions reductions achieved through the project or program.
The state board shall include in this report a description of any
changes to the scope of grant agreements entered into to allocate
funds to an applicant or changes to the award amounts described in a
grant agreement.