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SB-1279 State financed projects: state competitive grant programs.(2023-2024)

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Date Published: 03/18/2024 09:00 PM
SB1279:v98#DOCUMENT

Amended  IN  Senate  March 18, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 1279


Introduced by Senator Niello

February 15, 2024


An act to amend Section 11340.3 5956.10 of the Government Code, relating to state government.


LEGISLATIVE COUNSEL'S DIGEST


SB 1279, as amended, Niello. Administrative Procedure Act: Office of Administrative Law: director. State financed projects: state competitive grant programs.
Existing law authorizes a governmental agency to solicit proposals and enter into agreements with private entities for the design, construction, or reconstruction of, and to lease to private entities, specified types of fee-producing infrastructure projects. Existing law prohibits a state agency or specified governmental agencies from using this authorization to design, construct, finance, or operate a state project, defined as including tollroads, state water projects, state park and recreation projects, and state-financed projects.
This bill would exclude state-financed projects from the definition of “state projects” and would authorize a state-financed project to pursue, and receive, if selected, state competitive grants or other allocations from programs for which the project is eligible, including, but not limited to, any of specified programs, including, among others, the program commonly known as the Trade Corridor Enhancement Program.

The Administrative Procedure Act governs the procedures for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. The office is under the control of a director who is authorized to employ and fix the compensation of various employees.

This bill would make a nonsubstantive change to that provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 5956.10 of the Government Code is amended to read:

5956.10.
 (a) Notwithstanding any other provision of this chapter, neither the state or any state agency shall directly or indirectly use the authority in this chapter nor shall any governmental agency, as defined in Section 5956.3, use the authority in this chapter to design, construct, finance, or operate a state project. For purposes of this section, a state project excludes state-financed projects and includes any of the following:
(1) Tollroads on state highways.
(2) State water projects.
(3) State park and recreation projects.

(4)State financed projects.

(b) These limitations shall not prohibit the state, any state agency, or any governmental agency, as defined in Section 5956.3, from utilizing authorizations contained in other provisions of law.
(c) A state-financed project may pursue, and may receive, if selected, state competitive grants or other allocations from programs for which the project is eligible, including, but not limited to, any of the following:
(1) Chapter 5 of the Statutes of 2017.
(2) The program commonly known as the Trade Corridor Enhancement Program (Chapter 4.8 (commencing with Section 2192) of Division 3 of the Streets and Highways Code).
(3) The Solutions for Congested Corridors Program (Chapter 8.5 (commencing with Section 2390) of Division 3 of the Streets and Highways Code).
(4) Competitive grants and funds distributed by formula through the State-Local Partnership Program (Article 11 (commencing with Section 8879.66) of Chapter 12.491 of Division 1 of Title 2).
(5) The Transit and Intercity Rail Capital Program (Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code).

(c)

(d) This section shall become operative on January 1, 2020.

SECTION 1.Section 11340.3 of the Government Code is amended to read:
11340.3.

The director may employ and fix the compensation, in accordance with law, of professional assistants and clerical and other employees as is deemed necessary for the effective conduct of the work of the office.