Bill Text: CA AB2090 | 2015-2016 | Regular Session | Amended


Bill Title: Low Carbon Transit Operations Program.

Spectrum: Bipartisan Bill

Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB2090 Detail]

Download: California-2015-AB2090-Amended.html
BILL NUMBER: AB 2090	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 27, 2016
	AMENDED IN ASSEMBLY  APRIL 7, 2016

INTRODUCED BY   Assembly Member Alejo
    (   Coauthor:   Senator   Cannella
  ) 

                        FEBRUARY 17, 2016

   An act to amend Section 75230 of the Public Resources Code,
relating to transportation, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2090, as amended, Alejo. Low Carbon Transit Operations Program.

   The California Global Warming Solutions Act of 2006 designates the
State Air Resources Board as the state agency charged with
monitoring and regulating sources of emissions of greenhouse gases.
The act authorizes the state board to include the use of market-based
compliance mechanisms. Existing law requires all  moneys,
except for fines and penalties,   moneys  collected
by the state board as part of a market-based compliance mechanism to
be deposited in the Greenhouse Gas Reduction Fund and to be
available upon appropriation. Existing law continuously appropriates
specified portions of the annual proceeds in the fund to various
programs, including 5% for the Low Carbon Transit Operations Program,
which provides operating and capital assistance for transit agencies
to reduce greenhouse gas emissions and improve mobility, with a
priority on serving disadvantaged communities.
   This bill would additionally authorize moneys appropriated to the
program to be expended to support the operation of existing bus or
rail service if the governing board of the requesting transit agency
declares a fiscal emergency and other criteria are met, thereby
expanding the scope of an existing continuous appropriation.
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 75230 of the Public Resources Code is amended
to read:
   75230.  (a) The Low Carbon Transit Operations Program is hereby
created to provide operating and capital assistance for transit
agencies to reduce greenhouse gas emissions and improve mobility,
with a priority on serving disadvantaged communities.
   (b) Funding for the program is continuously appropriated pursuant
to Section 39719 of the Health and Safety Code from the Greenhouse
Gas Reduction Fund, established pursuant to Section 16428.8 of the
Government Code.
   (c) Funding shall be allocated by the Controller consistent with
the requirements of this part and with Section 39719 of the Health
and Safety Code, upon a determination by the Department of
Transportation that the expenditures proposed by a transit agency
meet the requirements of this part and guidelines developed pursuant
to subdivision (f), and that the amount of funding requested is
currently available.
   (d) (1) Moneys for the program shall be expended to provide
transit operating or capital assistance that meets all of the
following criteria:
   (A) Expenditures supporting new or expanded bus or rail services,
new or expanded water-borne transit, or expanded intermodal transit
facilities, and may include equipment acquisition, fueling, and
maintenance, and other costs to operate those services or facilities.

   (B) The recipient transit agency demonstrates that each
expenditure directly enhances or expands transit service to increase
mode share.
   (C) The recipient transit agency demonstrates that each
expenditure reduces greenhouse gas emissions.
   (2) (A) Moneys for the program may additionally be expended to
support the operation of existing bus or rail service if all of the
following occur:
   (i) The governing board of the transit agency declares a fiscal
emergency, as defined in paragraph (2) of subdivision (d) of Section
21080.32, within 90 days prior to the agency requesting the funds.
   (ii) The expenditure of the requested funds is necessary to
sustain the transit agency's transit service in the fiscal year in
which the requested funds are to be expended.
   (iii) The governing board of the transit agency would be required
to reduce or eliminate transit service if the requested funds are not
received.
   (iv) The governing board makes a finding that a reduction in, or
elimination of, transit service would increase greenhouse gas
emissions because transit customers would choose other less-efficient
modes of transportation.
   (v) The transit agency does not request funds over consecutive
funding years unless the transit agency has declared a fiscal
emergency in each year consistent with clause (i).
   (vi) The transit agency does not request funds for more than three
consecutive funding years.
   (B) Moneys allocated for the purpose of this paragraph shall be
expended to provide transit operating assistance that meets both of
the following criteria:
   (i) The expenditures support current bus- or rail-service
operating costs and may include labor, fueling, maintenance, and
other costs to operate and maintain those services.
   (ii) The recipient transit agency demonstrates that each
expenditure directly sustains transit service that would otherwise be
reduced or eliminated in the upcoming year if those funds were not
received.
   (e) For transit agencies whose service areas include disadvantaged
communities, as identified pursuant to Section 39711 of the Health
and Safety Code, at least 50 percent of the total moneys received
pursuant to this chapter shall be expended on projects or services
that meet the requirements of subdivision (d) and benefit the
disadvantaged communities, consistent with the guidance developed by
the State Air Resources Board pursuant to Section 39715 of the Health
and Safety Code.
   (f) The Department of Transportation, in coordination with the
State Air Resources Board, shall develop guidelines that describe the
methodologies that recipient transit agencies shall use to
demonstrate that proposed expenditures will meet the criteria in
subdivisions (d) and (e) and establish the reporting requirements for
documenting ongoing compliance with those criteria.
   (g) The Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code) does not apply to the development of guidelines for the program
pursuant to this section.
   (h) A transit agency shall submit the following information to the
Department of Transportation before seeking a disbursement of funds
pursuant to this part:
   (1) A list of proposed expense types for anticipated funding
levels.
   (2) The documentation required by the guidelines developed
pursuant to subdivision (f) to demonstrate compliance with
subdivisions (d) and (e).
   (i) Before authorizing the disbursement of funds, the Department
of Transportation, in coordination with the State Air Resources
Board, shall determine the eligibility, in whole or in part, of the
proposed list of expense  types,   types 
based on the documentation provided by the recipient transit agency
to ensure ongoing compliance with the guidelines developed pursuant
to subdivision (f).
   (j) The Department of Transportation shall notify the Controller
of approved expenditures for each transit agency and the amount of
the allocation for each transit agency determined to be available at
that time of approval.
   (k) The recipient transit agency shall provide annual reports to
the Department of Transportation, in the format and manner prescribed
by the department, consistent with the internal administrative
procedures for  the  use of  the  fund proceeds
developed by the State Air Resources Board.
   (  l  ) The Department of Transportation and recipient
transit agencies shall comply with the guidelines developed by the
State Air Resources Board pursuant to Section 39715 of the Health and
Safety Code to ensure that the requirements of Section 39713 of the
Health and Safety Code are met to maximize the benefits to
disadvantaged communities, as identified pursuant to Section 39711 of
the Health and Safety Code.

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