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SB-1395 California Defense Community Infrastructure Program.(2021-2022)



Current Version: 04/25/22 - Amended Senate

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SB1395:v96#DOCUMENT

Amended  IN  Senate  April 25, 2022
Amended  IN  Senate  March 28, 2022
Amended  IN  Senate  March 16, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 1395

Introduced by Senators Bates and Melendez
(Coauthors: Senators Dahle, Grove, Jones, Nielsen, Ochoa Bogh, and Wilk)
(Coauthor: Assembly Member Smith)

February 18, 2022

An act to add Article 5.5 (commencing with Section 65052) to Chapter 1.5 of Division 1 of Title 7 of the Government Code, relating to state government, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


SB 1395, as amended, Bates. California Defense Community Infrastructure Program.
Existing law establishes within state government the Office of Planning and Research as the comprehensive state planning agency for long-range planning and research. Existing law, until January 1, 2026, establishes within state government a Governor’s Military Council that serves under the direction of the Military Department to advise the Governor on efforts to retain military installations and operations within this state that are necessary for the defense of the nation, and to coordinate and focus those efforts.
This bill would establish the California Defense Community Infrastructure Program, which would require the Office of Planning and Research, with input and assistance from the Governor’s Military Council, to grant funds to local agencies to assist with matching fund requirements in applications for funds from the federal Defense Community Infrastructure Program and to fund community projects with a similar purpose as the federal program. Program.
This bill would require the office to use project criteria similar to the criteria in the federal program in awarding funds, and would specified project criteria, define an eligible project, and require the Military Council to rank the projects, as specified, and forward their recommendations to the office to award the grants, or, if the Military Council is abolished, would require the office to rank the projects based on the available criteria and funds.
This bill would appropriate $50,000,000 for the purposes of the program. The bill would authorize the office to award these grants without regard to fiscal year and would require funds unencumbered after 3 years to revert to the General Fund.
Vote: 2/3   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Article 5.5 (commencing with Section 65052) is added to Chapter 1.5 of Division 1 of Title 7 of the Government Code, to read:
Article  5.5. California Defense Community Infrastructure Program

65052.
 (a)The California Defense Community Infrastructure Program is hereby established and shall be administered by the office in accordance with this article.

65052.1.
 The office, with input and assistance from the Governor’s Military Council, shall grant funds to local agencies for all develop and administer the California Defense Community Infrastructure Program to issue grants for either of the following purposes:
(a) To provide a full or partial grant to assist a community with any matching fund requirement in its application for funds from the federal Defense Community Infrastructure Program, as authorized by Section 2809 of the National Defense Authorization Act of 2019 (10 U.S.C. Sec. 2391).

(b)To provide funding for a community infrastructure project with a similar purpose as one submitted under the federal Defense Community Infrastructure Program that is designed to directly affect the military value and the resiliency of a California-based United States Department of Defense installation.

(c)

(b) To provide grant funds to a local government to aid in identifying, planning, analyzing, or performing environmental review or other activities, as defined by the office, to assist in identifying or securing grant funding for potential community infrastructure projects that may qualify for funding under subdivision (a) or (b). (a).

(d)The office may determine the appropriate number and timing for soliciting and awarding grants.

65052.2.

(a)In establishing eligibility criteria for awarding funds, the office shall use project criteria similar to the project criteria used for the federal Defense Community Infrastructure Program (10 U.S.C. Sec. 2391).

(b)Projects may include, but are not limited to, telecommunications, energy infrastructure, environmental infrastructure, schools, transportation infrastructure, utilities, joint services, and public safety.

(c)Each project shall demonstrate a benefit to the local community and the Department of Defense installation proposed in the application.

65052.2.
 (a) The office shall develop guidelines for the program pursuant to this article in consultation with the Governor’s Military Council. The guidelines shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.
(b) A project shall be eligible only if the project meets all of the following requirements:
(1) The proposed project is located in a disadvantaged community. For the purposes of this paragraph, “disadvantaged community” means a community with an annual median household income that is less than 80 percent of the statewide annual median household income.
(2) For a project pursuant to subdivision (a) of Section 65052.1:
(A) The proposed project is not located on a military installation.
(B) The applicant has site control over the area for the proposed project.
(C) The proposed project has a letter of support from the applicable military installation commander.
(D) The proposed project is any of the following:
(i) A transportation project.
(ii) A school, hospital, police, fire, emergency response, or other community support facility.
(iii) A water, wastewater, telecommunications, electric, gas, or other utility infrastructure project.
(E) The proposed project demonstrates a benefit to the local community and the United States Department of Defense installation proposed in the application.
(c) The office shall determine the appropriate number and timing for soliciting and awarding grants.

65052.3.
 (a) The Military Council shall rank proposed projects based on criteria established by the program and shall forward those recommendations to the office to award grants based on the funds available.
(b) If the Military Council is abolished, the office shall rank the projects based on criteria established by the program and award grants based on the funds available.

65052.4.
 (a) The office may, upon approval by the Department of Finance, award grants pursuant to this article without regard to fiscal year only for the purposes specified in this article.
(b) The office shall not distribute grant funds for a project pursuant to subdivision (a) of Section 65052.1 prior to the awarding of grant funds from the federal Defense Community Infrastructure Program.

65052.5.
 The sum of fifty million dollars ($50,000,000) is hereby appropriated from the General Fund to the office for purposes of the program. Any funds remaining unencumbered after three years shall revert to the General Fund.