Today's Law As Amended


PDF |Add To My Favorites |Track Bill | print page

AB-1167 Greenhouse Gas Reduction Fund: high-speed rail: forestry and fire protection.(2019-2020)



As Amends the Law Today


SECTION 1.

 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), the annual proceeds of the fund are continuously appropriated for the following:
(1) (b)  Beginning  To carry out a portion of the requirements of subdivision (a), beginning  in the 2015–16 fiscal year, and notwithstanding Section 13340 of the Government Code, 35 percent of the  annual proceeds of the fund are continuously appropriated, without regard to fiscal years, for transit, affordable housing, and sustainable communities programs as follows:
(A) (1)  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) (2)  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. Moneys 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) (3)  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 of the fund  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.
(3) (A) Beginning in the 2020–21 fiscal year, and until June 30, 2030, 5 percent of the annual proceeds of the fund, up to the sum of one hundred thirty million dollars ($130,000,000), is hereby annually transferred to the Safe and Affordable Drinking Water Fund established pursuant to Section 116766 for the purposes of Chapter 4.6 (commencing with Section 116765) of Part 12 of Division 104.
(B) Moneys transferred under this paragraph shall be used for the purpose of facilitating the achievement of reductions of greenhouse gas emissions in this state in accordance with the requirements of Section 39712 or to improve climate change adaptation and resiliency of disadvantaged communities or low-income households or communities, consistent with Division 25.5 (commencing with Section 38500). For purposes of the moneys transferred under this paragraph, a state agency may also comply with the requirements of paragraphs (2) and (3) of subdivision (a) of Section 16428.9 of the Government Code by describing how each proposed expenditure will improve climate change adaptation and resiliency of disadvantaged communities or low-income households or communities.
(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. This section shall remain in effect only until January 1, 2021, and as of that date is repealed. 

SEC. 2.

 Section 39719 is added to the Health and Safety Code, 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), beginning in the 2015–16 fiscal year, and notwithstanding Section 13340 of the Government Code, 35 percent of annual proceeds of the fund are continuously appropriated, without regard to fiscal years, for transit, affordable housing, and sustainable communities programs as follows:
(1) 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.
(2) 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. Moneys 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.
(3) 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.
(c) Beginning in the 2021–22 fiscal year, 25 percent of the annual proceeds of the fund is hereby continuously appropriated to the Department of Forestry and Fire Protection. Of the amount appropriated in this subdivision, both of the following:
(1) Twenty percent shall be expended for the purchase of new engines and equipment, the hiring of new firefighters, and the clearing of overgrowth or tree mortality.
(2) Five percent shall be expended for the Firefighter Home Relief Trust Fund Program, established pursuant to Part 4.5 (commencing with Section 4960) of Division 4 of the Public Resources Code.
(d) This section shall become operative January 1, 2021.

SEC. 3.

 Part 4.5 (commencing with Section 4960) is added to Division 4 of the Public Resources Code, to read:

PART 4.5. Firefighter Home Relief Trust Fund Program

4960.
 (a) The Firefighter Home Relief Trust Fund Program is hereby established to be administered by the department to provide grant funding for resident firefighters who lost their primary residence due to a wildfire or natural disaster.
(b) An eligible applicant shall be a city, county, or state firefighter who has lost their primary residence in the last five years from the time of applying due to a wildfire or natural disaster.
(c) The amount of a grant shall not exceed the primary residence’s fair market value at the time the residence was destroyed.
(d) The department shall develop and adopt guidance for all of the following:
(1) Application forms.
(2) Grant disbursement timelines.
(e) Five percent of the moneys in the Firefighter Home Relief Trust Fund, created pursuant to Section 4962, may be used for the department’s administrative costs in administering this section.
4962.
 The Firefighter Home Relief Trust Fund is hereby created in the State Treasury. Moneys appropriated from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, shall be deposited in the fund. Moneys in the fund shall be allocated for the purposes of Section 4960.

SEC. 2.SEC. 4.

 Section 75231 of the Public Resources Code is amended to read:

75231.
 (a) A recipient transit agency under the program  Low Carbon Transit Operations Program,  created pursuant to Section 75230 75230,  may apply to the Department of Transportation for a letter of no prejudice for any eligible expenditures under the program, including operating assistance, for which the department has authorized a disbursement of funds. moneys.  If approved by the department, the letter of no prejudice shall allow the recipient transit agency to expend its own moneys for the expenditures and to be eligible for future reimbursement from moneys available for the program. Low Carbon Transit Operations Program. 
(b) The amount expended under subdivision (a) shall be reimbursed by the state from moneys available for the program  Low Carbon Transit Operations Program  if all of the following conditions are met:
(1) The expenditures for which the letter of no prejudice was requested have commenced, and any regional or local expenditures, if applicable, have been incurred.
(2) The expenditures made by the recipient transit agency are eligible under the program.  Low Carbon Transit Operations Program.  If expenditures made by the recipient transit agency are determined to be ineligible, the state has no obligation to reimburse those expenditures.
(3) The recipient transit agency complies with all applicable legal requirements for the expenditures, including the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000)), and civil rights and environmental justice obligations under state and federal law. Nothing in this section shall be construed to expand or extend the applicability of those laws to recipient transit agencies.
(4) There are moneys in the Greenhouse Gas Reduction Fund designated for the program  Low Carbon Transit Operations Program  and from the recipient transit agency’s formula allocation share as determined pursuant to subparagraph (B) of paragraph (1) of  subdivision (b) of Section 39719 of the Health and Safety Code that are sufficient to make the reimbursement payment.
(c) The recipient transit agency and the Department of Transportation shall enter into an agreement governing reimbursement as described in this section. The timing and final amount of the  reimbursement shall be dependent on the terms of the agreement and the availability of moneys in the Greenhouse Gas Reduction Fund for the program. Low Carbon Transit Operations Program. 
(d) The Department of Transportation, in consultation with recipient public transit agencies, may develop guidelines to implement this section.