City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council consider supporting Propositions 1A, 1B, 1C, 1D,
1E and 84 on the November 7, 2006 state ballot.
BACKGROUND/DISCUSSION:
Proposition 1A - Transportation Funding Protection. Legislative
Constitutional Amendment.
This measure amends the State Constitution to further limit the conditions under
which the Proposition 42 transfer of gasoline stales tax revenues for transportation
uses can be suspended. This measure:
Protects transportation funding for traffic congestion relief projects, safety
improvements, and local streets and roads.
Prohibits the state sales tax on motor vehicle fuels from being used for any
purpose other than transportation improvements.
Authorizes loans of these funds only in the case of severe state fiscal hardship.
Requires loans of revenues to no more than twice in any 10-year period.
The measure also authorizes the Legislature to provide for the issuance of bonds by
state or local agencies in accordance with the established Prop. 42 allocation
methodology. The City of Culver City is expected to receive an estimated $299,220
in Proposition 1A revenues for repayment and interest from FY 03-04 and FY 04-05.
Meeting Date: 09/25/06 Item Number: A-3
AGENDA ITEM: A Resolution of the City Council of the City of Culver City
Supporting Propositions 1A, 1B, 1C, 1D, 1E and 84 on the November 2006
Ballot.
Contact Person/Dept.: Shelly Wolfberg,
Intergovernmental Relations Officer
Phone Number: (310) 253-6008
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: League of California Cities and Master Notification List (09/20/06)
Department Approval:
Martin R. Cole (09/20/2006)
City Manager Approval:
Jerry B. Fulwood (09/20/2006)
City Controller Approval:City of Culver City, California
City Council Agenda Item Report
Summary of Legislative Analyst’s Estimate of Net State and Local Government
Fiscal Impact:
No direct revenue or cost effects. Increases stability of funding for state and
local transportation uses in 2007 and thereafter; reduces somewhat the state’s
authority to use these funds for other, non-transportation priorities.
Proposition 1B- Highway Safety, Traffic Reduction, Air Quality, and Port
Security Bond Act of 2006.
This measure authorizes the state to sell about $20 billion of general obligation
bonds which proceeds would be available for expenditure by various state agencies
and transit operators upon appropriation by the Legislature as follows:
Congestion Reduction, Highway and Local Road Improvements - $11.3 billion –
for capital improvements to reduce congestion and increase capacity on state
highways, local roads and public transit for grants available to locally funded
transportation projects, as well as for projects to rehabilitate state highways and
roads.
Public Transportation - $4 billion – to make capital improvements to local transit
services and the state’s intercity rail service. These improvements would include
purchasing buses and railcars, as well as making safety enhancements to
existing transit facilities.
Goods Movement and Air Quality - $3.2 billion – for projects to improve the
movement of goods – through the ports, on the state highway and rail systems,
and between California and Mexico – and for projects to improve air quality by
reducing emissions related to goods movement and replacing or retrofitting
school buses.
Safety and Security - $1.5 billion – for projects to increase protection against a
security threat or improve disaster response capabilities on transit systems; as
well as for grants to improve the safety of rail crossings to seismically retrofit
local bridges, ramps, and overpasses; and to improve security and disaster
planning in publicly owned ports, harbors, and ferry terminals.
Summary of Legislative Analyst’s Estimate of Net State and Local Government
Fiscal Impact:
State costs of about $38.9 billion over 30 years to pay off both the principal and
interest costs of the bonds. Payments of about $1.3 billion per year.
Additional unknown state and local government costs to operate and maintain
transportation infrastructure funded with bonds. A portion of these costs would
be offset by revenues generated by the improvements, such as fares and tolls.City of Culver City, California
City Council Agenda Item Report
Proposition 1C: Housing and Emergency Shelter Trust Fund Act of 2006.
This measure authorizes the state to sell $2.85 billion of general obligation bonds to
fund 13 new and existing housing and development programs. The major
allocations of the bond proceeds are as follows:
Development Programs ($1.35 billion). The measure would fund three new
programs aimed at increasing development, primarily projects in existing urban
areas and near public transportation. The programs would provide loans and
grants for a wide variety of projects, such as parks, water, sewage, transportation
and housing.
Homeownership Programs ($625 million). A number of the programs funded by
this measure would encourage homeownership for low- and moderate-income
homebuyers.
Multifamily Housing Programs ($590 million). This measure also would fund
programs aimed at the construction or renovation of rental housing projects, such
as apartment buildings. This measure gives funding priority to projects in already
developed areas and near existing public services (such as public
transportation).
Other Housing Programs ($285 million). These funds would be used to provide
loans and grants to the developers of homeless shelters and housing for farm
workers.
Summary of Legislative Analyst’s Estimate of Net State and Local Government
Fiscal Impact:
State cost of about $6.1 billion over 30 years to pay off both the principal and
interest costs on the bonds. Payments of about $204 million per year.
Proposition 1D: Education facilities: Kindergarten-University Public Education
Facilities Bond Act of 2006.
This measure allows the state to sell $10.4 billion of general obligation bonds for K-
12 school facilities ($7.3 billion) and higher education facilities ($3.1 billion).
K-12 Facilities
Modernization ($3.3 billion)
New Construction ($1.9 billion)
Relief Grants for Overcrowded Schools ($1 billion)
Career Technical Education Facilities ($500 million)City of Culver City, California
City Council Agenda Item Report
Charter School Facilities ($500 million)
Environment-Friendly Projects ($100 million)
Joint-Use Projects ($29 million)
Higher Education Facilities
Construct new buildings and related infrastructure, alter existing buildings, and
purchase equipment for use in these buildings for the state higher education
segments.
Community Colleges ($1.5 billion)
University of California ($890 million)
California State University ($690 million)
Summary of Legislative Analyst’s Estimate of Net State and Local Government
Fiscal Impact:
State costs of about $20.3 billion to pay off both the principal and interest on the
bonds. Payments of about $680 million per year.
Proposition 1E: Disaster Preparedness and Flood Prevention Bond Act of
2006.
This measure authorizes the state to sell about $4.1 billion in general obligation
bonds for various flood management programs, allocated as follows:
State Central Valley flood control system repairs and improvements; Delta levee
repairs and maintenance ($3 billion)
Flood control subventions (local projects outside the Central Valley) ($500
million)
Storm water flood management (grants for projects outside the Central Valley)
($300 million)
Flood protection corridors and bypasses; floodplain mapping ($290 million)
Summary of Legislative Analyst’s Estimate of Net State and Local Government
Fiscal Impact:
State cost of about $8 billion over 30 years to pay off both the principal and
interest costs on the bonds. Payments of about $266 million per year.
Reduction in local property tax revenues of potentially up to several million
dollars annually. The measure provides funds for land acquisition by the state for
flood management, including the development of bypasses and setback levees. City of Culver City, California
City Council Agenda Item Report
Under state law, property owned by government entities is exempt from property
taxation.
Additional unknown state and local government costs to operate or maintain
properties or projects acquired or developed with these bond funds.
Proposition 84: Water Quality, Safety and Supply. Flood Control. Natural
Resource Protection. Park Improvements. Bonds. Initiative Statute.
This initiative allows the state to sell $5.4 billion in general obligation bonds for the
following purposes:
Water Quality ($1.525 billion)
Protection of Rivers, Lakes, and Streams ($928 million)
Flood Control ($800 million)
Sustainable Communities and Climate Change Reduction ($580 million)
Protection of Beaches, Bays, and Coastal Waters ($540 million)
Parks and Natural Education Facilities ($500 million)
Forest and Wildlife Conservation ($450 million)
Statewide Water Planning ($65 million)
Summary of Legislative Analyst’s Estimate of Net State and Local Government
Fiscal Impact:
State cost of about $10.5 billion over 30 years to pay off both the principal and
interest costs on the bond. Payments of about $350 million per year.
Reduction in local property tax revenues of several million dollars annually. This
initiative provides fund for land acquisition by governments and nonprofit
organizations for various purposes. Under state law, property owned by
government entities and by nonprofit organizations (under specified conditions) is
exempt from property taxation.
Unknown costs, potentially tens of millions of dollars per year, to state and local
governments to operate or maintain properties or projects acquired or developed
with these bond funds.
The League of California Cities worked this past year to encourage the Legislature
and Gov. Schwarzenegger to place a package of infrastructure funding measures on
the November ballot - and is urging cities to support all six infrastructure measures:
Propositions 1A, 1B, 1C, 1D, 1E (placed on the ballot by the Legislature) and
Proposition 84 (placed on the ballot through the initiative process). Passage of the
above measures would effectively recommit the state to an aggressive infrastructure
investment program. The League supports the adoption and implementation of a
long term capital investment plan and budget to upgrade and repair the state’s vital City of Culver City, California
City Council Agenda Item Report
infrastructure that is essential to sustainable growth in California. California cities
face mounting infrastructure deficits and population growth and passage of these
ballot initiatives will help alleviate some of the burdens that local governments have
had to endure.
FISCAL ANALYSIS:
There is no fiscal impact for the City Council to take a position on these measures.
ATTACHMENTS:
1. Resolution
2. City of Culver City Legislative Advocacy Program for 2006
3. Text of Proposed Laws for Propositions 1A, 1B, 1C, 1D, 1E and 84
MOTION:
That the City Council:
1. Adopt Resolution No. 2006 -__________ “A Resolution of the City Council of the
City of Culver City establishing City Council positions Prop. 1A, 1B, 1C, 1D, and
1E and Proposition 84 on the November 7, 2006 Ballot”; and
2. Send copies of the adopted resolution to Governor Arnold Schwarzenegger,
Senator Kevin Murray, 26
th
District, Assemblymember Karen Bass, 47
th
District
and the League of California Cities.
MEETING DATE: September 25, 2006
AGENDA ITEM: A Resolution of the City Council of the City of Culver
City Supporting Propositions 1A, 1B, 1C, 1D, 1E and
84 on the November 2006 Ballot.
ATTACHMENTS
Paaes
1. Resolution No. 1-2
2. Culver City Legislative Advocacy Program for 2006. 4-10
3. Text of Proposed Laws for Propositions 1A, 1B, 1C, 1D, 11-32
13 and 84.RESOLUTION NO. 2006-R
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CULVER CITY, CALIFORNIA,
SUPPORTING PROPOSITIONS 1A, 1B, 1C, 1D, 1E
AND 84 ON THE NOVEMBER 2006 BALLOT.
WHEREAS, the State of California will hold a general election on November
7, 2006 to determine whether or not the voters of the State desire to enact Propositions 1 A
— 1 E and 84; and
WHEREAS, statewide ballot initiatives effect the quality of life of Culver City
residents; and
WHEREAS, Proposition 1 A would enact the Transportation Investment Fund
to restrict the Legislature's ability to borrow Prop. 42 funds; and
WHEREAS, Proposition 1 B would enact the Highway Safety, Traffic
Reduction, Air Quality, and Port Security Bond Act of 2006 to authorize $20 billion of state
general obligation bonds for specified purposes; and
WHEREAS, Proposition 1 C would enact the Housing and Emergency
Shelter Trust Fund Act of 2006, which, if adopted, would authorize the issuance of bonds in
the amount of $2.85 billion to finance various existing housing programs, capital outlay
related to infill development, Brownfield cleanup that promotes infill development, and
housing-related parks; and
WHEREAS, Proposition 1 D would enact the Education facilities:
Kindergarten-University Public Education Facilities Bond Act of 2006 to provide $10.4
billion in bonds to be deposited into the 2006 State School Facilities fund, which will be
used to meet capital outlay needs of higher educational facilities, and finance grants for
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construction and renovation of schools, including charter schools and facilities for career
technical education programs, and to relieve overcrowded schools; and
WHEREAS, Proposition 1 E would enact the Disaster Preparedness and
Flood Prevention Bond Act of 2006 to provide a total of $4.1 billion to prevent flooding by
repairing levees and other flood control infrastructure in the Sacramento-San Joaquin River
Delta and elsewhere; and
WHEREAS, Proposition 84 would provide $5.4 billion for improving natural
resources and water programs including state projects and grants for flood control, safe
drinking water, improving water quality, integrated water management, water planning, and
sustainable communities; and
WHEREAS, the League of California Cities is in strong support of
Propositions IA— 1E and 84, and views this package of measures as providing critically
needed resources for California cities.
NOW, THEREFORE, the City Council of the City of Culver City, California,
DOES HEREBY RESOLVE as follows:
1. That the City hereby expresses its strong support for Propositions 1A,
1B, 1C, 1D, lE and 84, which will be presented for voter approval on the November 2006
statewide ballot.
•••
•••
•••
•••
•••
-2-2. That the City Manager is hereby directed to send copies of the
adopted resolution to Governor Arnold Schwarzenegger; Senator Kevin Murray, 26th
District; Assembly member Karen Bass, 47 th District; and the League of California
Cities.
APPROVED and ADOPTED this day of 2006.
GARY SILBIGER, MAYOR
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
CHRISTOPHER ARMENTA, City Clerk
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CAROL A. SCHWAB, City AttorneyC et,„
Legislative Advocacy Program for 2006
PRIORITY ISSUES for the
2005-2006 State Legislative Session and the
109th Congress
City of Culver City
City Council
Adopted February 13, 2006
Contact:
Shelly Wolfberg, Intergovernmental Relations Officer - 310-253-6008aAt
Legislative Advocacy Program for 2006
Economic Stability & Financial Development
Economic Development
• Support efforts to develop and promote policies, legislation and grants that help
urban areas foster greater economic opportunity.
• Support efforts to retain, expand, and attract businesses to the City that create
jobs compatible with the local workforce and tax revenues for the local economy.
• Support efforts to ensure that requirements and government mandates for local
businesses are feasible.
Tax Base
• Support legislation that would protect the distribution of sales tax to the City and
benefit Culver City as a "low property tax" City.
• Support legislation that mitigates the impacts of the "Triple Flip" as well as other
modes that have delayed or inhibited the City's ability to receive revenues.
• Support efforts to simplify the collection of sales taxes nationwide and provide an
equitable method for collecting sales taxes for Internet and catalog sales.
• Support efforts to exempt cities from paying State sales tax.
• Oppose any actions that attempt to dilute the City's tax base.
• Oppose legislation that compromises the City's ability to compose and/or collect
appropriate business license fees from Culver City businesses.
• Support legislation that seeks a balance in overall revenue structure between
stable and economically sensitive revenues.
• Support the development of legislation to assess a franchise fee or tax on
telecommunication and cable modem services.
State Mandates
• Support legislation that seeks a balance between local government mandated
obligations and State funding for implementation.
• Oppose any legislation that would place a mandate on the City without providing
the funds necessary to carry out the mandated program. Render mandates
invalid if not fully funded.
• Oppose any legislation that would require any mandated obligations to continue
after funding for the mandate has been eliminated.
23
Legislative Advocacy Program for 2006
City Revenues
• Support legislation that would favorably address the State/local government fiscal
relationship, including the capping and or return of ERAF (Educational Revenue
Augmentation Fund) dollars to cities.
• Oppose any legislation that would reduce the amount of revenues to the General
Fund and Redevelopment Agency from the State or Governor.
• Oppose any legislation that would reduce the City's autonomy and flexibility in
dealing with the financing of public service.
Community Development
Housing
• Support legislation that allows local government to make decisions regarding
housing density levels.
• Support legislation that pursues fair and equitable housing development.
• Support clarification and streamlining of the Regional Housing Needs
Assessment process.
• Support legislative efforts and seek grants that promote the development and
enhancement of affordable housing within the City.
Redevelopment
• Support legislation that acknowledges redevelopment agencies efforts to
positively impact business growth, revitalize communities and remove blight
through various redevelopment projects that increase locally generated revenue.
• Support efforts to preserve redevelopment-funding mechanisms and do not
impair redevelopment agencies ability to meet existing legal and contractual
obligations.
• Oppose mandates or restrictions placed on the use of redevelopment funds or
eminent domain practices.
• Oppose efforts to usurp local zoning authority.
• Support legislation that upholds the Culver City Redevelopment Agency's
Redevelopment Plan.
Employment
• Support efforts that will enhance the City and the region's ability to create a
strong, viable, and productive workforce.
• Support efforts to reform workers' compensation statutes to simplify the system
and reduce costs to employers.Legislative Advocacy Program for 2006
• Monitor efforts to mandate increases in health benefit levels or increase the
City's cost for changes to benefit levels for its active employees.
• Oppose legislation that precludes the City's right to negotiate employee pension
benefits.
• Support legislation that would allow local governments to withdraw from
participation in FICA and Social Security if they have other retirement programs
in place.
Environment
Air/Water Quality
• Support efforts and seek grants, including partnerships with the private sector, to
provide assistance to environmental clean-up projects.
• Support efforts to improve clean-up and improvements for waterways that affect
the City.
• Seek federal funds to support the assessment of water quality and the cleaning
of Ballona Creek.
• Support reasonable environmental regulations aimed at enhancing air and water
quality that provides for corresponding funding mechanisms and will not become
a financial burden to the City.
• Support legislation that improves air quality in Culver City and surrounding areas.
• Support legislation and grants that encourage the use of innovative, clean
burning alternative fuels for vehicles.
• Support measures that would reduce the cost of compliance with environmental
regulations.
Energy
• Support efforts to preserve municipalities' opportunity to provide energy
alternatives to residents and businesses and to maintain a utility established rate
structure that is fair and equitable for the City and its residents.
• Support legislation that promotes reliable affordable energy for businesses and
residents.
• Support Community Choice Aggregation that permits any city, county or city and
county to aggregate the electric loads of residents, businesses and municipal
facilities to facilitate the economical purchase and sale of electrical energy.
Balance the abilities of both municipal utilities and independently operated
utilities.
4CAt
Legislative Advocacy Program for 2006
Community Safety
Public Safety & Crime Prevention
• Support legislation and pursue grants to fund new technology and equipment and
improve and replace existing technology and equipment for Police and Fire.
• Support legislation and pursue grants that would provide funding for public safety
facilities.
• Support legislation that provides funding for equipment, training, and exercises
that enhance local capabilities to mitigate, prepare, respond, and recover from
terrorist attacks.
• Support efforts to maintain City reimbursements for overtime costs paid to public
safety personnel for required appearances in State and/or County courts.
• Oppose legal requirements and constraints that would inhibit the City's ability to
perform nuisance abatement related to conditions, activities and places.
Neighborhood Development
Homeless Assistance
• Support efforts to reduce homelessness and increase services to the homeless
both locally and regionally.
• Aggressively seek grant funding to assist with the City's homeless programs.
Arts
• Support legislative efforts and grant opportunities that assist the City in obtaining
funding for community arts programming.
Parks & Recreation
• Support legislation and grants to fund parks and recreation, capital
improvements, and programs to increase the quality of life for Culver City
residents.
• Support legislation that would allow funding for parks and recreation to be used
for maintenance and operations.
• Explore legislation and seek grants that are intended to serve dense urban
areas.
• Support legislation that limits the City's liability at park and recreation facilities to
instances when the City has acted negligently.
Senior & Social Services
• Support efforts to maintain or increase funding for senior housing and nutrition
programs, disabled services, paratransit services, and intergenerational care
programs.
5Legislative Advocacy Program for 2006
• Support legislation that would allow for funding for educational, recreational and
physical fitness related programs for seniors.
• Support legislation and seek grants that provide financial relief for cities in
making facilities and other public places accessible as mandated by the ADA.
Youth & Education
• Support legislation and grants that enhance the services provided to children and
families.
• Support legislation and grants that promote the efforts of the City's youth
diversion and intervention programs.
• Support legislation and seek grants that enhance the services provided to
children, parents, and families, including early education programs.
• Support and collaborate with Culver City Unified School District to secure funding
that assists in enhancement and further development of K-12 education.
Transportation
• Support efforts to maintain and increase funding for transportation operations,
programs and projects throughout the City.
• Support the implementation the Metro Exposition Light Rail Project with grade
separated crossings and an aerial station.
• Support efforts to increase funding for the Red Line Light Rail extension, the l-
10/Robertson Interchange and other projects that will help relieve traffic
congestion in the Westside subregion.
• Support efforts to enhance and protect state, local and federal funding for Culver
City's mass transit and transportation projects.
Public Works
• Support legislative efforts to ensure that the City maintains public rights-of-way
control and allow the City to collect fair compensation for its use.
• Support efforts to maintain and increase funding for streets and roads
maintenance and transportation infrastructure programs throughout the City.
• Oppose legislation that would compromise local control in regards to refuse
collection, recycling, hazardous materials handling, landfill operations, and the
safe transport of waste both interstate and intrastate.
• Oppose legislation that would compromise local control in regards to sewer
operations and treatment.
• Support legislation that preserves the right of local government to set fee
structures.
6Legislative Advocacy Program for 2006
• Support efforts to identify funding for cogeneration unit upgrades or installations.
• Support legislation that promotes funding solar energy and photovoltaic
technology.
• Support efforts to identify increased funding and grants for traffic mitigation and
congestion management.
Telecommunications
• Support legislation that provides individual universal access to the Internet along
with schools and libraries.
• Support legislative efforts to ensure that the City receives the maximum benefit
from Internet commerce.
• Support legislation that enables Municipal Broadband Wireless Deployment.
Additional Issues
Preemption of Local Authority
• Oppose any legislation intended to preempt the current authority possessed by
the City and delegates that authority to the State or other government agencies.
• Support legislation that protects and/or expands the City's authority and rights
over its affairs.
Entertainment
• Support legislative efforts to keep film, television, and commercial advertisement
production and post production in the State of California.
• Support the California Legislature and the federal government in their efforts at
the federal level to maintain film and television production in the United States
City's Liability
• Support legislation and policies that shield cities from being treated as deep
pockets.
• Support legislation that limits liability to instances when cities have acted
negligently.
• Support legislation limiting the instances when cities have to pay damages
without having acted negligently.
Public Notification
• Support legislation that allows electronic mail (e-mail) as an accepted form of
communication for mandated notifications.
10 7TEXT OF PROPOSED LAWS * * *
PROPOSITION IA
This amendment proposed by Senate Constitutional Amendment
7 of the 2005-2006 Regular Session (Resolution Chapter 49, Statutes of
2006) expressly amends the California Constitution by amending a section
thereof; therefore, existing provisions proposed to be deleted are printed
in st. k,t typ, and new provisions proposed to be added are printed in
italic type to indicate that they are new.
PROPOSED AMENDMENT TO SECTION 1 OF
ARTICLE XIX B
SECTION I. (a) For the 2003-04 fiscal year and each fiscal year
thereafter, all moneys that are collected during the fiscal year from taxes
under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)
of Division 2 of the Revenue and Taxation Code), or any successor to
that law, upon the sale, storage, use, or other consumption in this State of
motor vehicle fuel, and that are deposited in the General Fund of the State
pursuant to that law, shall be transferred to the Transportation Investment
Fund, which is hereby created in the State Treasury.
(b) (1) For the 2003-04 to 2007-08 fiscal years, inclusive, moneys in
the Transportation Investment Fund shall be allocated, upon appropriation
by the Legislature, in accordance with Section 7104 of the Revenue and
Taxation Code as that section read on th datt, ,jf tlusu.1
March 6, 2002.
(2) For the 2008-09 fiscal year and each fiscal year thereafter,
moneys in the Transportation Investment Fund shall be allocated solely for
the following purposes:
(A) Public transit and mass transportation.
(B) Transportation capital improvement projects, subject to the
laws governing the State Transportation Improvement Program, or any
successor to that program.
(C) Street and highway maintenance, rehabilitation, reconstruction,
or storm damage repair conducted by cities, including a city and county.
(D) Street and highway maintenance, rehabilitation, reconstruction,
or storm damage repair conducted by counties, including a city and county.
(c) For the 2008-09 fiscal year and each fiscal year thereafter,
moneys in the Transportation Investment Fund shall be allocated, upon
appropriation by the Legislature, as follows:
(A) Twenty percent of the moneys for the purposes set forth in
subparagraph (A) of paragraph (2) of subdivision (b).
(B) Forty percent of the moneys for the purposes set forth in
subparagraph (B) of paragraph (2) of subdivision (b).
(C) Twenty percent of the moneys for the purposes set forth in
subparagraph (C) of paragraph (2) of subdivision (b).
(D) Twenty percent of the moneys for the pu.pva,purposes set forth
in subparagraph (D) of paragraph (2) of subdivision (b).
(d) T+e (I) Except as otherwise provided by paragraph (2), the
transfer of revenues from the General Fund of the State to the Transportation
Investment Fund pursuant to subdivision (a) may be suspended, in whole
or in part, for a fiscal year if both all of the following conditions are met:
(1)(A) The Governor trat-issucd issues a proclamation that declares
that, due to a severe state fiscal hardship, the suspension of the transfer of
revenues pt to required by subdivision (a) will-restrIt+ra-signifreant
1 g
v
Gt,llt,laI rui1dOfthe-State is necessary.
(2) (B) The Legislature enacts by statute, pursuant to a bill passed
in each house of the Legislature by rollcall vote entered in the journal, two-
thirds of the membership concurring, a suspension for that fiscal year of
the transfer of revenues pulallt to required by subdivision (a), p,uv
that and the bill does not contain any other unrelated provision.
(C) No later than the effective date of the statute described in
subparagraph (B), a separate statute is enacted that provides for the full
repayment to the Transportation Investment Fund of the total amount of
revenue that was not transferred to that fund as a result of the suspension,
including interest as provided by law. This full repayment shall be made
not later than the end of the third fiscal year immediately following the
fiscal year to which the suspension applies.
(2) (A) The transfer required by subdivision (a) s hall not be suspended
1141 Text of Proposed Laws * * *
for more than two fiscal years during any period of 10 consecutive fiscal
years, which period begins with the first fiscal year commencing on or
after July 1, 2007, for which the transfer required by subdivision (a) is
suspended.
(B) The transfer required by subdivision (a) shall not be suspended
during any fiscal year ([a full repayment required by a statute enacted
in accordance with subparagraph (C) of paragraph (I) has not yet been
completed.
(e) The Legislature may enact a statute that modifies the percentage
shares set forth in subdivision (c) by a bill passed in each house of the
Legislature by rollcall vote entered in the journal, two-thirds of the
membership concurring, provided that the bill does not contain any other
unrelated provision and that the moneys described in subdivision (a) are
expended solely for the purposes set forth in paragraph (2) of subdivision (b).
(/) (I) An amount equivalent to the total amount of revenues that were
not transferred from the General Fund of the State to the Transportation
Investment Fund, as of July I, 2007, because of a suspension of transfer
of revenues pursuant to this section as it read on January I, 2006, but
excluding the amount to be paid to the Transportation Deferred Investment
Fund pursuant to Section 63048.65 of the Government Code, shall be
transferred from the General Fund to the Transportation Investment Fund
no later than June 30, 2016. Until this total amount has been transferred,
the amount of transfer payments to be made in each fiscal year shall not
be less than one-tenth of the total amount required to be transferred by
June 30, 2016. The transferred revenues shall be allocated solely for the
purposes setforth in this section as if they had been received in the absence
of a suspension of transfer of revenues.
(2) The Legislature may provide by statute for the issuance of
bonds by the state or local agencies, as applicable, that are secured by
the minimum transfer payments required by paragraph (1). Proceeds from
the sale of those bonds shall be allocated solely for the purposes set forth
in this section as ([they were revenues subject to allocation pursuant to
paragraph (2) of subdivision (b).
PROPOSITION 1B
This law proposed by Senate Bill 1266 of the 2005-2006 Regular
Session (Chapter 25, Statutes of 2006) is submitted to the people
in accordance with the provisions of Article XVI of the California
Constitution.
This proposed law adds sections to the Government Code; therefore,
new provisions proposed to be added are printed in italic type to indicate
that they are new.
PROPOSED LAW
SECTION 1. Chapter 12.49 (commencing with Section 8879.20) is
added to Division 1 of Title 2 of the Government Code, to read:
CHAPTER 12.49. ME HIGHWAY SAFETY, TRAFFIC REDUCTION,
AIR QUALITY, AND PORT SECURITY BOND ACT OF 2006
Article I. General Provisions
8879.20. (a) This chapter shall be known as the Highway Safety,
Traffic Reduction, Air Quality, and Port Security Bond Act of 2006.
(b) This chapter shall only become operative upon adoption by the
voters at the November Z 2006, statewide general election.
8879.22. As used in this chapter, the following terms have the
following meanings:
(a) "Board" means any department receiving an allocation of bond
proceeds pursuant to this chapter.
(b) "Committee" means the Highway Safety, Traffic Reduction,
Air Quality, and Port Security Committee created pursuant to
Section 8879.27.
(c) "Fund "means the Highway Safety, Traffic Reduction, Air Quality,
and Port Security Fund of 2006 created pursuant to Section 8879.23.
Article 2. Highway Safety, Traffic Reduction, Air Quality, and Port
Security Fund of 2006 and Program
(1(PROPOSITION IB CONTINUED)
***TEXT OF PROPOSED LAWS
8879.23. The Highway Safety, Traffic Reduction, Air Quality, and
Port Security Fund of 2006 is hereby created in the State Treasury. The
Legislature intends that the proceeds of bonds deposited in the fund shall
be used to fund the mobility, safety, and air quality improvements described
in this article over the course of the next decade. The proceeds of bonds
issued and sold pursuant to this chapter for the purposes specified in this
chapter shall be allocated in the following manner:
(a) (I) Four billion five hundred million dollars ($4,500,000,000)
shall be deposited in the Corridor Mobility Improvement Account, which
is hereby created in the fund. Funds in the account shall be available to
the California Transportation Commission, upon appropriation in the
annual Budget Bill by the Legislature, for allocation for performance
improvements on highly congested travel corridors in California. Funds
in the account shall be used for performance improvements on the state
highway system, or major access routes to the state highway system on
the local road system that relieve congestion by expanding capacity,
enhancing operations, or otherwise improving travel times within these
high-congestion travel corridors, as identified by the department and
regional or local transportation agencies, pursuant to the process in
paragraph (3) or (4), as applicable.
(2) The commission shall develop and adopt guidelines, by December
I, 2006, including regional programming targets, for the program funded
by this subdivision, and shall allocate funds from the account to projects
after reviewing project nominations submitted by the Department of
Transportation and by regional transportation planning agencies or county
transportation commissions or authorities pursuant to paragraph (4).
(3) Subject to the guidelines adopted pursuant to paragraph (2), the
department shall nominate, by no later than January 15, 2007, projects
for the allocation of funds from the account on a statewide basis. The
department's nominations shall be geographically balanced and shall
reflect the department's assessment of a program that best meets the policy
objectives described in paragraph (I).
(4) Subject to the guidelines adopted pursuant to paragraph (2),
a regional transportation planning agency or county transportation
commission or authority responsible for preparing a regional
transportation improvement plan under Section 14527 may nominate
projects identified pursuant to paragraph (I) that best meet the policy
objectives described in that paragraph for fundingfrom the account. Projects
nominated pursuant to this paragraph shall be submitted to the commission
for consideration for funding by no later than January 15, 2007.
(5) All nominations to the California Transportation Commission
shall be accompanied by documentation regarding the quantitative and
qualitative measures validating each project's consistency with the policy
objectives described in paragraph (I). All projects nominated to the
commission for funds from this account shall be included in a regional
transportation plan.
(6) After review of the project nominations, and supporting
documentation, the commission, by no later than March 1, 2007, shall
adopt an initial program of projects to be funded from the account. This
program may be updated every two years in conjunction with the biennial
process for adoption of the state transportation improvement program
pursuant to guidelines adopted by the commission. The inclusion of a
project in the program shall be based on a demonstration that the project
meets all of the following criteria:
(A) Is a high-priority project in the corridor as demonstrated by
either of the following: (t) its inclusion in the list of nominated projects
by both the department pursuant to paragraph (3) and the regional
transportation planning agency or county transportation commission or
authority, pursuant to paragraph (4); or (II) if needed to fully fund the
project, the identification and commitment of supplemental funding to the
project from other state, local, or federal funds.
(B) Can commence construction or implementation no later than
December 31, 2012.
(C) Improves mobility in a high-congestion corridor by improving
travel times or reducing the number of daily vehicle hours of delay,
improves the connectivity of the state highway system between rural,
suburban, and urban areas, or improves the operation or safety of a
highway or road segment.
(D) Improves access to jobs, housing, markets, and commerce.
(7) Where competing projects offer similar mobility improvements to
a specific corridor, the commission shall consider additional benefits when
determining which project shall be included in the program for funding.
These benefits shall include, but are not limited to, the following:
(A) A finding that the project provides quantifiable air quality
benefits.
(B) A finding that the project substantially increases the safety for
travelers in the corridor.
(8) In adopting a program for funding pursuant to this subdivision,
the commission shall make a finding that the program is (i) geographically
balanced, consistent with the geographic split for funding described
in Section 188 of the Streets and Highways Code; (ii) provides mobility
improvements in highly traveled or highly congested corridors in all
regions of California; and (iii) targets bond proceeds in a manner that
provides the increment of funding necessary, when combined with other
state, local or federal funds, to provide the mobility benefit in the earliest
possible timeframe.
(9) The commission shall include in its annual report to the
Legislature, required by Section 14535, a summary of its activities related
to the administration of this program. The summary should, at a minimum,
include a description and the location of the projects contained in the
program, the amount offunds allocated to each project, the status of each
project, and a description of the mobility improvements the program is
achieving.
(b) One billion dollars ($1,000,000,000) shall be made available,
upon appropriation in the annual Budget Bill by the Legislature, to
the department for improvements to State Route 99. Funds may be
used for safety, operational enhancements, rehabilitation, or capacity
improvements necessary to improve the State Route 99 corridor traversing
approximately 400 miles of the central valley of this state.
(c) Three billion one hundred million dollars ($3,100,000,000)
shall be deposited in the California Ports Infrastructure, Security, and
Air Quality Improvement Account, which is hereby created in the fund.
The money in the account shall be available, upon appropriation by the
Legislature and subject to such conditions and criteria as the Legislature
may provide by statute, as follows:
(I) (A) Two billion dollars ($2,000,000,000) shall be transferred
to the Trade Corridors Improvement Fund, which is hereby created. The
money in this fund shall be available, upon appropriation in the annual
Budget Bill by the Legislature and subject to such conditions and criteria
as the Legislature may provide by statute, for allocation by the California
Transportation Commission for infrastructure improvements along
federally designated "Trade Corridors of National Significance" in this
state or along other corridors within this state that have a high volume
of freight movement, as determined by the commission. In determining
projects eligible for funding, the commission shall consult the trade
infrastructure and goods movement plan submitted to the commission
by the Secretary of Business, Transportation and Housing and the
Secretary for Environmental Protection. No moneys shall be allocated
from this fund until the report is submitted to the commission for its
consideration, provided the report is submitted no later than January 1,
2007. The commission shall also consult trade infrastructure and goods
movement plans adopted by regional transportation planning agencies,
adopted regional transportation plans required by state and federal law,
and the statewide port master plan prepared by the California Marine
and Intermodal Transportation System Advisory Council (Cal-MITSAC)
pursuant to Section 1760 of the Harbors and Navigation Code, when
determining eligible projects for funding. Eligible projects for these funds
include, but are not limited to, all of the following:
N Highway capacity improvements and operational improvements
to more efficiently accommodate the movement offreight, particularly for
ingress and egress to and from the state's seaports, including navigable
inland waterways used to transport freight between seaports, land ports of
entry, and airports, and to relieve traffic congestion along major trade or
goods movement corridors.
(ii) Freight rail system improvements to enhance the ability to move
goods from seaports, land ports of entry, and airports to warehousing and
distribution centers throughout California, including projects that separate
rail lines from highway or local road traffic, improve freight rail mobility
through mountainous regions, relocate rail switching yards, and other
* * * Text of Proposed Laws 1 115TEXT OF PROPOSED LAWS * * *
1 B
projects that improve the efficiency and capacity of the rail freight system.
WO Projects to enhance the capacity and efficiency of ports.
(iv) Truck corridor improvements, including dedicated truck
facilities or truck toll facilities.
(v) Border access improvements that enhance goods movement
between California and Mexico and that maximize the state's ability to
access coordinated border infrastructure funds made available to the
state by federal law.
(vi) Surface transportation improvements to facilitate the movement
of goods to and from the state's airports.
(B) The commission shall allocate funds for trade infrastructure
improvements from the account in a manner that (i) addresses the state's
most urgent needs, (ii) balances the demands of various ports (between
large and small ports, as well as between seaports, airports, and land
ports of entry), (iii) provides reasonable geographic balance between the
state's regions, and (iv) places emphasis on projects that improve trade
corridor mobility while reducing emissions of diesel particulate and other
pollutant emissions. In addition, the commission shall also consider the
following factors when allocating these funds:
(i) "Velocity," which means the speed by which large cargo would
travel from the port through the distribution system.
(ii) "Throughput," which means the volume of cargo that would
move from the port through the distribution system.
(iii) "Reliability," which means a reasonably consistent and
predictable amount of time for cargo to travel from one point to another
on any given day or at any given time in California.
(iv) "Congestion reduction," which means the reduction in
recurrent daily hours of delay to be achieved.
(C) The commission shall allocate funds made available by this
paragraph to projects that have identified and committed supplemental
funding from appropriate local, federal or private sources. The commission
shall determine the appropriate amount of supplemental funding each
project should have to be eligible for moneys from this fund based on
a project-by-project review and an assessment of the project's benefit
to the state and the program. Except for border access improvements
described in clause (v) of subparagraph (A), improvements funded with
moneys from this fund shall have supplemental funding that is at least
equal to the amount of the contribution from the fund. The commission
may give priority for funding to projects with higher levels of committed
supplemental funding.
(D) The commission shall include in its annual report to the
Legislature, required by Section 14535, a summary of its activities related
to the administration of this program. The summary should, at a minimum,
include a description and the location of the projects contained in the
program, the amount offunds allocated to each project, the status of each
project, and a description of the mobility and air quality improvements
the program is achieving.
(2) One billion dollars ($1,000,000,000) shall be made available,
upon appropriation by the Legislature and subject to such conditions and
criteria contained in a statute enacted by the Legislature, to the State Air
Resources Board for emission reductions, not otherwise required by law
or regulation, from activities related to the movement of freight along
California's trade corridors. Funds made available by this paragraph
are intended to supplement existing funds used to finance strategies and
public benefit projects that reduce emissions and improve air quality in
trade corridors commencing at the state's airports, seaports, and land
ports of entry.
(3) One hundred million dollars ($100,000,000) shall be available,
upon appropriation by the Legislature, to the Office of Emergency
Services to be allocated, as grants, for port, harbor, and ferry terminal
security improvements. Eligible applicants shall be publicly owned
ports, harbors, and ferryboat and ferry terminal operators, which may
submit applications for projects that include, but are not limited to, the
following:
(A) Video surveillance equipment.
(B) Explosives detection technology, including, but not limited to,
X-ray devices.
(C) Cargo scanners.
(D) Radiation monitors.
116 I Text of Proposed Laws* * *
(E) Thermal protective equipment.
(F) Site identification instruments capable ofproviding afingerprint
for a broad inventory of chemical agents.
(G) Other devices capable of detecting weapons of mass destruction
using chemical, biological, or other similar substances.
(H) Other security equipment to assist in any of the following:
(i) Screening of incoming vessels, trucks, and incoming or outbound
cargo.
(ii) Monitoring the physical perimeters of harbors, ports, and ferry
terminals.
(iit) Providing or augmenting onsite emergency response
capability.
(I) Overweight cargo detection equipment, including, but not
limited to, intermodal crane scales and truck weight scales.
(J) Developing disaster preparedness or emergency response
plans.
The Office of Emergency Services shall report to the Legislature on
March I of each year on the manner in which the funds available pursuant
to this paragraph were expended for that fiscal year.
(d) Two hundred million dollars ($200,000,000) shall be available,
upon appropriation by the Legislature, for schoolbus retrofit and
replacement to reduce air pollution and to reduce children's exposure to
diesel exhaust.
(e) Two billion dollars ($2,000,000,000) shall be available for
projects in the state transportation improvement program, to augment funds
otherwise available for this purposefrom other sources. The funds provided
by this subdivision shall be deposited in the Transportation Facilities
Account which is hereby created in the fund, and shall be available, upon
appropriation by the Legislature, to the Department of Transportation, as
allocated by the California Transportation Commission in the same manner
as funds allocated for those projects under existing law.
(f) (I) Four billion dollars ($4,000,000,000) shall be deposited
in the Public Transportation Modernization, Improvement, and Service
Enhancement Account, which is hereby created in the fund. Funds in the
account shall be made available, upon appropriation by the Legislature,
to the Department of Transportation for intercity rail projects and to
commuter or urban rail operators, bus operators, waterborne transit
operators, and other transit operators in California for rehabilitation,
safety or modernization improvements, capital service enhancements or
expansions, new capital projects, bus rapid transit improvements, or for
rolling stock procurement, rehabilitation, or replacement.
(2) Of the funds made available in paragraph (1), four hundred
million dollars ($400,000,000) shall be available, upon appropriation by
the Legislature, to the department for intercity rail improvements, of which
one hundred twenty-five million dollars ($125,000,000) shall be used for
the procurement of additional intercity railcars and locomotives.
(3) Of the funds remaining after the allocations in paragraph (2),
50 percent shall be distributed to the Controller, for allocation to eligible
agencies using the formula in Section 99314 of the Public Utilities Code,
and 50 percent shall be distributed to the Controller, for allocation to
eligible agencies using the formula in Section 99313 of the Public Utilities
Code, subject to the provisions governing funds allocated under those
sections.
(g) One billion dollars ($1,000,000,000) shall be deposited in the
State-Local Partnership Program Account, which is hereby created in the
fund. The funds shall be available, upon appropriation by the Legislature
and subject to such conditions and criteria as the Legislature may provide
by statute, for allocation by the California Transportation Commission
over a five-year period to eligible transportation projects nominated by an
applicant transportation agency. A dollar for dollar match of local funds
shall be required for an applicant transportation agency to receive state
funds under this program.
(h) One billion dollars ($1,000,000,000) shall be deposited in the
Transit System Safety, Security, and Disaster Response Account, which is
hereby created in the fund. Funds in the account shall be made available,
upon appropriation by the Legislature and subject to such conditions and
criteria as the Legislature may provide by statute, for capital projects
that provide increased protection against a security and safety threat,
and for capital expenditures to increase the capacity of transit operators,
including waterborne transit operators, to develop disaster response
1.5(PROPOSITION 1B CONTINUED)
*** TEXT OF PROPOSED LAWS
transportation systems that can move people, goods, and emergency
personnel and equipment in the aftermath of a disaster impairing the
mobility of goods, people, and equipment.
(1) One hundred twenty-five million dollars ($125,000,000) shall
be deposited in the Local Bridge Seismic Retrofit Account, which is
hereby created in the fund. The funds in the account shall be used, upon
appropriation by the Legislature, to provide the 11.5 percent required
match for federal Highway Bridge Replacement and Repair funds available
to the state for seismic work on local bridges, ramps, and overpasses, as
identified by the Department of Transportation.
(i) (1) Two hundred fifty million dollars ($250,000,000) shall be
deposited in the Highway-Railroad Crossing Safety Account, which is
hereby created in the fund. Funds in the account shall be available, upon
appropriation by the Legislature, to the Department of Transportation for
the completion of high-priority grade separation and railroad crossing
safety improvements. Funds in the account shall be made available for
allocation pursuant to the process established in Chapter 10 (commencing
with Section 2450) of Division 3 of the Streets and Highways Code, except
that a dollar for dollar match of nonstate funds shall be provided for each
project, and the limitation on maximum project cost in subdivision (g) of
Section 2454 of the Streets and Highways Code shall not be applicable to
projects funded with these funds.
(2) Notwithstanding the funding allocation process described in
paragraph (I), in consultation with the department and the Public Utilities
Commission, the California Transportation Commission shall allocate
one hundred million dollars ($100,000,000) of the funds in the account to
high-priority railroad crossing improvements, including grade separation
projects, that are not part of the process established in Chapter 10
(commencing with Section 2450) of Division 3 of the Streets and Highways
Code. The allocation of funds under this paragraph shall be made in
consultation and coordination with the High-Speed Rail Authority created
pursuant to Division 19.5 (commencing with Section 185000) of the Public
Utilities Code.
(k) (I) Seven hundred fifty million dollars ($750,000,000) shall
be deposited in the Highway Safety, Rehabilitation, and Preservation
Account, which is hereby created in the fund. Funds in the account shall be
available, upon appropriation by the Legislature, to the Department of
Transportation, as allocated by the California Transportation Commission,
for the purposes of the state highway operation and protection program as
described in Section 14526.5.
(2) The department shall develop a program for distribution of two
hundred and
fifty
million dollars ($250,000,000) from the funds identified
in paragraph (I) to fund traffic light synchronization projects or other
technology-based improvements to improve safety, operations and the
effective capacity of local streets and roads.
(1) (I) 7Wo billion dollars ($2,000,000,000) shall be deposited in
the Local Streets and Road Improvement, Congestion Relief and Traffic
Safety Account of 2006, which is hereby created in the fund. The proceeds
of bonds deposited into that account shall be available, upon appropriation
by the Legislature, for the purposes specified in this subdivision to the
Controller for administration and allocation in the fiscal year in which the
bonds are issued and sold, including any interest or other return earned on
the investment of those moneys, in the following manner:
(A) Fifty percent to the counties, including a city and county, in
accordance with the following formulas:
(i) Seventy-five percent of the funds payable under this subparagraph
shall be apportioned among the counties in the proportion that the number
offee-paid and exempt vehicles that are registered in the county bears to
the number offee-paid and exempt vehicles registered in the state.
(ii) Twenty-five percent of thefunds payable under this subparagraph
shall be apportioned among the counties in the proportion that the number
of miles of maintained county roads in each county bears to the total
number of miles of maintained county roads in the state. For the purposes
of apportioning funds under this clause, any roads within the boundaries
of a city and county that are not state highways shall be deemed to be
county roads.
(B) Fifty percent to the cities, including a city and county,
apportioned among the cities in the proportion that the total population of
the city bears to the total population of all the cities in the state, provided,
however, that the Controller shall allocate a minimum of four hundred
thousand dollars ($400,000) to each city, pursuant to this subparagraph.
(2) Funds received under this subdivision shall be deposited as follows
in order to avoid the commingling of those funds with other local funds:
(A) In the case of a city, into the city account that is designated for
the receipt of state funds allocated for local streets and roads.
(B) In the case of an eligible county, into the county road fund.
(C) In the case of a city and county, into a local account that is
designated for the receipt of state funds allocated for local streets and
roads.
(3) For the purpose of allocating funds under this subdivision
to cities and a city and county, the Controller shall use the most recent
population estimates prepared by the Demographic Research Unit of the
Department of Finance. For a city that incorporated after January I, 1998,
that does not appear on the most recent population estimates prepared by
the Demographic Research Unit, the Controller shall use the population
determined for that city under Section 11005.3 of the Revenue and Taxation
Code.
(4) Funds apportioned to a city, county, or city and county under this
subdivision shall be used for improvements to transportation facilities that
will assist in reducing local traffic congestion and further deterioration,
improving traffic flows, or increasing traffic safety that may include, but
not be limited to, street and highway pavement maintenance, rehabilitation,
installation, construction and reconstruction of necessary associated
facilities such as drainage and traffic control devices, or the maintenance,
rehabilitation, installation, construction and reconstruction of facilities
that expand ridership on transit systems, safety projects to reduce
fatalities, or as a local match to obtain state or federal transportation
funds for similar purposes.
(5) At the conclusion of each fiscal year during which a city or county
expends the funds it has received under this subdivision, the Controller
may verify the city's or county's compliance with paragraph (4). Any city
or county that has not complied with paragraph (4) shall reimburse the
state for the funds it received during that fiscal year. Any funds withheld
or returned as a result of a failure to comply with paragraph (4) shall
be reallocated to the other counties and cities whose expenditures are in
compliance.
Article 3. Fiscal Provisions
8879.25. Bonds in the total amount of nineteen billion nine hundred
twenty-five million dollars ($19,925,000,000), exclusive of refunding
bonds, or so much thereof as is necessary, are hereby authorized to be
issued and sold for carrying out the purposes expressed in this chapter
and to reimburse the General Obligation Bond Expense Revolving Fund
pursuant to Section 16724.5. All bonds herein authorized which have
been duly sold and delivered as provided herein shall constitute valid and
legally binding general obligations of the state, and the full faith and credit
of the state is hereby pledged for the punctual payment of both principal
and interest thereof
8879.26. The bonds authorized by this chapter shall be prepared,
executed, issued, sold, paid, and redeemed as provided in the State General
Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part
3 of Division 4), except subdivision (a) of Section 16727 to the extent that
subdivision is inconsistent with this chapter, and all of the other provisions
of that law as amended from time to time apply to the bonds and to this
chapter and are hereby incorporated in this chapter as though set forth in
full in this chapter.
8879.27 (a) Solely for the purpose of authorizing the issuance and
sale, pursuant to the State General Obligation Bond Law, of the bonds
authorized by this chapter, the Highway Safety, Traffic Reduction, Air
Quality, and Port Security Committee is hereby created. For the purposes
of this chapter, the Highway Safety, Traffic Reduction, Air Quality, and
Port Security Committee is "the committee" as that term is used in the State
General Obligation Bond Law. The committee consists of the Treasurer,
the Controller, the Director of Finance, and the Secretary of the Business,
Transportation and Housing Agency, or a designated representative of
each of those officials. The Treasurer shall serve as the chairperson of the
committee. A majority of the committee may act for the committee.
(b) The committee may adopt guidelines establishing requirements
for administration of its financing programs to the extent necessary to
protect the validity of and tax exemption for, interest on the bonds. The
guidelines shall not constitute rules, regulations, orders, or standards of
general application.
Li
* * * Text of Proposed Laws I 117TEXT OF PROPOSED LAWS * **
(c) For the purposes of the State General Obligation Bond Law, any
department receiving an allocation pursuant to this chapter is designated
to be the "board."
8879.28. Upon request of the board stating that funds are needed
for purposes of this chapter, the committee shall determine whether or
not it is necessary or desirable to issue bonds authorized pursuant to this
chapter in order to carry out the actions spec fled in Section 8879.23, and,
if so, the amount of bonds to be issued and sold. Successive issues of bonds
may be authorized and sold to carry out those actions progressively, and
are not required to be sold at any one time. Bonds may bear interest subject
to federal income tax.
8879.29. There shall be collected annually, in the same manner and
at the same time as other state revenue is collected, a sum of money in
addition to the ordinary revenues of the state, sufficient to pay the principal
of and interest on, the bonds as provided herein, and all officers required
by law to perform any duty in regard to the collections of state revenues
shall collect that additional sum.
8879.30. Notwithstanding Section 13340, there is hereby
appropriated from the General Fund in the State Treasury, for the purposes
of this chapter, an amount that will equal the total of the following:
(a) The sum annually necessary to pay the principal of and interest
on, bonds issued and sold pursuant to this chapter, as the principal and
interest become due and payable.
(b) The sum which is necessary to carry out Section 8879.32,
appropriated without regard to fiscal years.
8879.31. The board may request the Pooled Money Investment
Board to make a loan from the Pooled Money Investment Account, in
accordance with Section 16312, for purposes of this chapter. The amount
of the request shall not exceed the amount of the unsold bonds which
the committee has, by resolution, authorized to be sold for the purpose
of this chapter, less any amount withdrawn pursuant to Section 8879.32.
The board shall execute any documents as required by the Pooled Money
Investment Board to obtain and repay the loan. Any amount loaned shall
be deposited in the fund to be allocated in accordance with this chapter.
8879.32. For the purpose of carrying out this chapter, the Director of
Finance may, by executive order, authorize the withdrawal from the General
Fund of any amount or amounts not to exceed the amount of the unsold bonds
which the committee has, by resolution, authorized to be sold for the purpose
of carrying out this chapter. Any amounts withdrawn shall be deposited in
the Highway Safety, Thaffic Reduction, Air Quality, and Port Security Fund
of 2006. Any money made available under this section shall be returned to
the General Fund, plus the interest that the amounts would have earned in
the Pooled Money Investment Account, from money received from the sale of
bonds which would otherwise be deposited in that fund.
8879.33. The bonds may be refunded in accordance with Article 6
(commencing with Section 16780) of the State General Obligation Bond Law.
Approval by the electors of this act shall constitute approval of any refunding
bonds issued pursuant to the State General Obligation Bond Law.
8879.34. Notwithstanding any provisions in the State General
Obligation Bond Law, the maximum maturity of any bonds authorized by
this chapter shall not exceed 30 years from the date of each respective series.
The maturity of each series shall be calculated from the date of each series.
8879.35. The Legislature hereby finds and declares that, inasmuch
as the proceeds from the sale of bonds authorized by this chapter are not
"proceeds of taxes" as that term is used in Article XIII B of the California
Constitution, the disbursement of these proceeds is not subject to the
limitations imposed by that article.
8879.36. Notwithstanding any provision of the State General
Obligation Bond Law with regard to the proceeds from the sale of bonds
authorized by this chapter that are subject to investment under Article 4
(commencing with Section 16470) of Chapter 3 of Part 2 of Division 4,
the Treasurer may maintain a separate account for investment earnings,
order the payment of those earnings to comply with any rebate requirement
applicable under federal law, and may otherwise direct the use and
investment of those proceeds so as to maintain the tax-exempt status of
those bonds and to obtain any other advantage under federal law on behalf
of the funds of this state.
8879.3Z All money derived from premium and accrued interest on
bonds sold pursuant to this chapter shall be transferred to the General
Fund as a credit to expenditures for bond interest.
PROPOSITION 1C
This law proposed by Senate Bill 1689 of the 2005-2006 Regular
Session (Chapter 27, Statutes of 2006) is submitted to the people
in accordance with the provisions of Article XVI of the California
Constitution.
This proposed law adds sections to the Health and Safety Code;
therefore, new provisions proposed to be added are printed in italic type to
indicate that they are new.
PROPOSED LAW
SEC. 2. Part 12 (commencing with Section 53540) is added to
Division 31 of the Health and Safety Code, to read:
PART 12. HOUSING AND EMERGENCY SHELTER
TRUST FUND ACT OF 2006
CHAPTER 1. GENERAL PROVISIONS
53540. (a) This part shall be known as the Housing and Emergency
Shelter Trust Fund Act of 2006.
(b) This part shall only become operative upon adoption by the
voters at the November Z 2006, statewide general election.
53541. As used in this part, the following terms have the following
meanings:
(a) "Board" means the Department of Housing and Community
Development for programs administered by the department, and the
California Housing Finance Agency for programs administered by the
agency.
(b) "Committee" means the Housing Finance Committee created
pursuant to Section 53524 and continued in existence pursuant to Section
53548.
(c) "Fund" means the Housing and Emergency Shelter Trust Fund
created pursuant to Section 53545.
CHAPTER 2. HOUSING AND EMERGENCY SHELTER
TRUST FUND OF 2006 AND PROGRAM
53545. The Housing and Emergency Shelter Trust Fund of 2006
is hereby created in the State Treasury. The Legislature intends that the
proceeds of bonds deposited in the fund shall be used to fund the housing-
related programs described in this chapter over the course of the next
decade. The proceeds of bonds issued and sold pursuant to this part for
the purposes specified in this chapter shall be allocated in the following
manner:
(a) (I) One billion five hundred million dollars ($1,500,000,000) to
be deposited in the Affordable Housing Account, which is hereby created
in the fund. Notwithstanding Section 13340 of the Government Code, the
money in the account shall be continuously appropriated in accordance
with the following schedule:
(A) (0 Three hundred forty-five million dollars ($345,000,000) shall
be transferred to the Housing Rehabilitation Loan Fund to be expended for
the Multifamily Housing Program authorized by Chapter 6.7 (commencing
with Section 50675) of Part 2. The priorities specified in Section 50675.13
shall apply to the expenditure of funds pursuant to this clause.
(ii) Fifty million dollars ($50,000,000) shall be transferred to the
Housing Rehabilitation Loan Fund to be expended under the Multifamily
Housing Program authorized by Chapter 6.7 (commencing with Section
50675) of Part 2 for housing meeting the definitions in paragraphs (2)
and (3) of subdivision (e) of Section 11139.3 of the Government Code.
The department may provide higher per-unit loan limits as necessary to
achieve affordable housing costs to the target population. Any funds not
encumbered for the purposes of this clause within 30 months of availability
shall revert for general use in the Multifamily Housing Program.
(B) One hundred ninety-five million dollars ($195,000,000) shall
be transferred to the Housing Rehabilitation Loan Fund to be expended
for the Multifamily Housing Program authorized by Chapter 6.7
1 1 8 I Text of Proposed Laws ** *
15(PROPOSITION IC CONTINUED)
***TEXT OF PROPOSED LAWS
(commencing with Section 50675) of Part 2, to be used for supportive
housing for individuals and households moving from emergency shelters
or transitional housing or those at risk of homelessness. The Department
of Housing and Community Development shall provide for higher per-unit
loan limits as reasonably necessary to achieve housing costs affordable
to those individuals and households. For purposes of this subparagraph,
"supportive housing" means housing with no limit on length of stay, that is
occupied by the target population, as defined in subdivision (d) of Section
53260, and that is linked to onsite or offsite services that assist the tenant
to retain the housing, improve his or her health status, maximize his or her
ability to live, and, when possible, work in the community. The criteria for
selecting projects shall give priority to:
(i) Supportive housing for people with disabilities who would
otherwise be at high risk of homelessness where the applications
represent collaboration with programs that meet the needs of the person's
disabilities.
(it) Projects that demonstrate funding commitments from local
governments for operating subsidies or services funding, or both, for five
years or longer.
(C) One hundred thirty-five million dollars ($135,000,000) shall be
transferred to the fund created by subdivision (b) of Section 50517.5 to be
expended for the programs authorized by Chapter 3.2 (commencing with
Section 50517.5) of Part 2.
(D) Three hundred million dollars ($300,000,000) shall be
transferred to the Self-Help Housing Fund created by Section 50697.1.
These funds shall be available to the Department of Housing and
Community Development, to be expended for the purposes of enabling
households to become or remain homeowners pursuant to the CalHome
Program authorized by Chapter 6 (commencing with Section 50650)
of Part 2, except ten million dollars ($10,000,000) shall be expended
for construction management under the California Self-Help Housing
Program pursuant to subdivision (b) of Section 50696.
(E) No hundred million dollars ($200,000,000) shall be transferred
to the Self-Help Housing Fund created by Section 506971. Thesefunds shall
be available to the California Housing Finance Agency, to be expended
for the purposes of the California Homebuyer's Downpayment Assistance
Program authorized by Chapter 11 (commencing with Section 51500) of
Part 3. Up to one hundred million dollars ($100,000,000) of these funds
may be expended pursuant to subdivision (b) of Section 51504.
(F) One hundred million dollars ($100,000,000) shall be transferred
to the Affordable Housing Innovation Fund, which is hereby created in
the State Treasury, to be administered by the Department of Housing
and Community Development. Funds shall be expended for competitive
grants or loans to sponsoring entities that develop, own, lend, or invest
in affordable housing and used to create pilot programs to demonstrate
innovative, cost-saving approaches to creating or preserving affordable
housing. Specific criteria establishing eligibility for and use of the funds
shall be established in statute as approved by a 2/3 vote of each house of
the Legislature. Anyfunds not encumbered for the purposes set forth in this
subparagraph within 30 months of availability shall revert to the Self-Help
Housing Fund created by Section 50697.1 and shall be available for the
purposes described in subparagraph (D).
(G) One hundred twenty-five million dollars ($125,000,000) shall
be transferred to the Building Equity and Growth in Neighborhoods
Fund to be used for the Building Equity and Growth in Neighborhoods
(BEGIN) Program pursuant to Chapter 14.5 (commencing with Section
50860) of Part 1. Any funds not encumbered for the purposes set forth in
this subparagraph within 30 months of availability shall revert for general
use in the Ca/Home Program.
(H) Fifty million dollars ($50,000,000) shall be transferred to the
Emergency Housing and Assistance Fund to be distributed in the form of
capital development grants under the Emergency Housing and Assistance
Program authorized by Chapter 11.5 (commencing with Section 50800) of
Part 2 of Division 31. The funds shall be administered by the Department
of Housing and Community Development in a manner consistent with the
restrictions and authorizations contained in Provision 3 of Item 2240-105-
0001 of the Budget Act of 2000, except that any appropriations in that
item shall not apply. The competitive system used by the department shall
incorporate priorities set by the designated local boards and their input as
to the relative merits of submitted applications from within the designated
local board's county in relation to those priorities. In addition, thefunding
ILD
limitations contained in this section shall not apply to the appropriation
in that budget item.
(2) The Legislature may, from time to time, amend the provisions
of law related to programs to which funds are, or have been, allocated
pursuant to this subdivision for the purpose of improving the efficiency
and effectiveness of the program, or for the purpose offurthering the goals
of the program.
(3) The Bureau of State Audits shall conduct periodic audits to
ensure that bond proceeds are awarded in a timelyfash ion and in a manner
consistent with the requirements of this subdivision, and that awardees of
bond proceeds are using funds in compliance with applicable provisions of
this subdivision. The first audit shall be conducted no later than one year
from voter approval of this part.
(4)In its annual report to the Legislature, the Department of
Housing and Community Development shall report how funds that were
made available pursuant to this subdivision and allocated in the prior year
were expended. The department shall make the report available to the
public on its Internet Web site.
(b) Eight hundred fifty million dollars ($850,000,000) shall
be deposited in the Regional Planning, Housing, and lnfill Incentive
Account, which is hereby created in the fund. Funds in the account shall
be available, upon appropriation by the Legislature, and subject to such
other conditions and criteria as the Legislature may provide in statute, for
the following purposes:
(I) For infill incentive grants for capital outlay related to infill
housing development and other related infill development, including, but
not limited to, all of the following:
(A)No more than two hundred million dollars ($200,000,000)
for park creation, development, or rehabilitation to encourage infill
development.
(B) Water, sewer, or other public infrastructure costs associated
with infill development.
(C) Transportation improvements related to infill development
projects.
(D) Traffic mitigation.
(2) For brownfield cleanup that promotes infill housing development
and other related infill development consistent with regional and local
plans.
(c) Three hundred million dollars ($300,000,000) to be deposited
in the Transit-Oriented Development Account, which is hereby created in
the fund, for transfer to the Transit-Oriented Development Implementation
Fund, for expenditure, upon appropriation by the Legislature, pursuant to
the Transit-Oriented Development Implementation Program authorized by
Part 13 (commencing with Section 50560).
(d) Two hundred million dollars ($200,000,000) shall be deposited
in the Housing Urban-Suburban-and-Rural Parks Account, which is
hereby created in the fund. Funds in the account shall be available upon
appropriation by the Legislature for housing-related parks grants in
urban, suburban, and rural areas, subject to the conditions and criteria
that the Legislature may provide in statute.
CHAPTER 3. FISCAL PROVISIONS
53546. Bonds in the total amount of two billion eight hundred fifty
million dollars ($2,850,000,000), exclusive of refunding bonds, or so much
thereof as is necessary, are hereby authorized to be issued and sold for
carrying out the purposes expressed in this part and to reimburse the
General Obligation Bond Expense Revolving Fund pursuant to Section
16724.5 of the Government Code. All bonds herein authorized which have
been duly sold and delivered as provided herein shall constitute valid and
legally binding general obligations of the state, and the full faith and credit
of the state is hereby pledged for the punctual payment of both principal
and interest thereof
53547. The bonds authorized by this part shall be prepared,
executed, issued, sold, paid, and redeemed as provided in the State General
Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part
3 of Division 4), except subdivision (a) of Section 16727 to the extent that
it is inconsistent with this part, and all of the other provisions of that law
as amended from time to time apply to the bonds and to this part and are
hereby incorporated in this part as though set forth in full in this part.
53548. (a) Solely for the purpose of authorizing the issuance and
* **Text of Proposed Laws I 119TEXT OF PROPOSED LAWS * * *
sale, pursuant to the State General Obligation Bond Law, of the bonds
authorized by this part, the Housing Finance Committee created pursuant
to Section 53524 is continued in existence. For the purposes of this part,
the Housing Finance Committee is "the committee" as that term is used in
the State General Obligation Bond Law.
(b) The committee may adopt guidelines establishing requirements
for administration of its financing programs to the extent necessary to
protect the validity of and tax exemption for, interest on the bonds. The
guidelines shall not constitute rules, regulations, orders, or standards of
general application and are not subject to Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(c) For the purposes of the State General Obligation Bond Law, the
Department of Housing and Community Development is designated the
"board" for programs administered by the department, and the California
Housing Finance Agency is the "board" for programs administered by
the agency.
53549. Upon request of the board stating that funds are needed for
purposes of this part, the committee shall determine whether or not it is
necessary or desirable to issue bonds authorized pursuant to this part in
order to carry out the actions specified in Section 53545, and, i [so, the
amount of bonds to be issued and sold. Successive issues of bonds may be
authorized and sold to carry out those actions progressively, and are not
required to be sold at any one time. Bonds may bear interest subject to
federal income tax.
53550. There shall be collected annually, in the same manner and
at the same time as other state revenue is collected, a sum of money in
addition to the ordinary revenues of the state, sufficient to pay the principal
of and interest on, the bonds as provided herein, and all officers required
by law to perform any duty in regard to the collections of state revenues
shall collect that additional sum.
53551. Notwithstanding Section 13340 of the Government Code,
there is hereby appropriated from the General Fund in the State Treasury,
for the purposes of this part, an amount that will equal the total of the
following:
(a) The sum annually necessary to pay the principal of and interest
on, bonds issued and sold pursuant to this part, as the principal and
interest become due and payable.
(b) The sum which is necessary to carry out Section 53553,
appropriated without regard to fiscal years.
53552. The board may request the Pooled Money Investment Board
to make a loan from the Pooled Money Investment Account, in accordance
with Section 16312 of the Government Code, for purposes of this part. The
amount ofthe request shall not exceed the amount of the unsold bonds which
the committee has, by resolution, authorized to be sold for the purpose of
this part, less any amount withdrawn pursuant to Section 53553. The board
shall execute any documents as required by the Pooled Money Investment
Board to obtain and repay the loan. Any amount loaned shall be deposited
in the fund to be allocated in accordance with this part.
53553. For the purpose of carrying out this part, the Director
of Finance may, by executive order, authorize the withdrawal from the
General Fund of any amount or amounts not to exceed the amount of the
unsold bonds which the committee has, by resolution, authorized to be sold
for the purpose of carrying out this part. Any amounts withdrawn shall be
deposited in the fund. Any money made available under this section shall be
returned to the General Fund, plus the interest that the amounts would have
earned in the Pooled Money Investment Account, from money received from
the sale of bonds which would otherwise be deposited in that fund.
53554. The bonds may be refunded in accordance with Article 6
(commencing with Section 16780) of the State General Obligation Bond Law.
Approval by the electors of this act shall constitute approval of any refunding
bonds issued pursuant to the State General Obligation Bond Law.
53555. Notwithstanding any provisions in the State General
Obligation Bond Law, the maximum maturity of any bonds authorized
by this part shall not exceed 30 years from the date of each respective
series. The maturity of each series shall be calculated from the date of
each series.
53556. The Legislature hereby finds and declares that, inasmuch
as the proceeds from the sale of bonds authorized by this part are not
"proceeds of taxes" as that term is used in Article XIII B of the California
Constitution, the disbursement of these proceeds is not subject to the
limitations imposed by that article.
120 I Text of Proposed Laws * * *
5355Z Notwithstanding any provision of the State General
Obligation Bond Law with regard to the proceeds from the sale of bonds
authorized by this part that are subject to investment under Article 4
(commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of
Title 2 of the Government Code, the Treasurer may maintain a separate
account for investment earnings, order the payment of those earnings to
comply with any rebate requirement applicable under federal law, and may
otherwise direct the use and investment of those proceeds so as to maintain
the tax-exempt status of those bonds and to obtain any other advantage
under federal law on behalf of the funds of this state.
53558. All money derived from premium and accrued interest on
bonds sold pursuant to this chapter shall be transferred to the General
Fund as a credit to expenditures for bond interest.
PROPOSITION 1D
This law proposed by Assembly Bill 127 of the 2005-2006 Regular
Session (Chapter 35, Statutes of 2006) is submitted to the people
in accordance with the provisions of Article XVI of the California
Constitution.
This proposed law adds sections to the Education Code; therefore,
new provisions proposed to be added are printed in italic type to indicate
that they are new.
PROPOSED LAW
SEC. 16. Part 69 (commencing with Section 101000) is added to the
Education Code, to read:
PART 69. KINDERGARTEN—UNIVERSITY PUBLIC EDUCATION
FACILITIES BOND ACT OF 2006
CHAPTER 1. GENERAL
101000. This part shall be known and may be cited as the
Kindergarten—University Public Education Facilities Bond Act of 2006.
101001. The incorporation of or reference to, any provision of
California statutory law in this part includes all acts amendatory thereof
and supplementary thereto.
101002. (a) Bonds in the total amount of ten billion four hundred
sixteen million dollars ($10,416,000,000), not including the amount of any
refunding bonds issued in accordance with Sections 101030, 101039, and
101059, or so much thereof as is necessary, may be issued and sold to
provide a fund to be used for carrying out the purposes expressed in this
part and to reimburse the General Obligation Bond Expense Revolving
Fund pursuant to Section 16724.5 of the Government Code. The bonds,
when sold, shall be and constitute a valid and binding obligation of the
State of California, and the full faith and credit of the State of California is
hereby pledged for the punctual payment of the principal of and interest
on, the bonds as the principal and interest become due and payable.
(b) Pursuant to this section, the Treasurer shall sell the bonds
authorized by the State School Building Finance Committee established
by Section 15909 or the Higher Education Facilities Finance Committee
established pursuant to Section 67353, as the case may be, at any different
times necessary to service expenditures required by the apportionments.
CHAPTER 2. KINDERGARTEN THROUGH 12TH GRADE
Article I. Kindergarten Through 12th Grade School
Facilities Program Provisions
101010. The proceeds of bonds issued and sold pursuant to Article
2 (commencing with Section 101020) shall be deposited in the 2006 State
School Facilities Fund established in the State Treasury under subdivision
(d) of Section 17070.40 and shall be allocated by the State Allocation
Board pursuant to this chapter.
101011. All moneys deposited in the 2006 State School Facilities
Fund for the purposes of this chapter shall be available to provide aid
to school districts, county superintendents of schools, and county boards
of education of the state in accordance with the Leroy F. Greene School
Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10)
of Part 10), as set forth in Section 101012, to provide funds to repay any
money advanced or loaned to the 2006 State School Facilities Fund under(PROPOSITION 1D CONTINUED)
* * * TEXT OF PROPOSED LAWS
any act of the Legislature, together with interest provided for in that act,
and to reimburse the General Obligation Bond Expense Revolving Fund
pursuant to Section 16724.5 of the Government Code.
101012. (a) The proceeds from the sale of bonds, issued and sold
for the purposes of this chapter, shall be allocated in accordance with the
following schedule:
(I) The amount of one billion nine hundred million dollars
($1,900,000,000) for new construction of school facilities of applicant
school districts under Chapter 12.5 (commencing with Section 17070.10)
of Part 10. Of the amount allocated under this paragraph, up to 10.5
percent shall be available for purposes of seismic repair, reconstruction,
or replacement, pursuant to Section 17075.10.
(2) The amount offive hundred million dollars ($500,000,000) shall
be available for providing school facilities to charter schools pursuant
to Article 12 (commencing with Section 17078.52) of Chapter 12.5 of
Part 10.
(3) The amount of three billion three hundred million dollars
($3,300,000,000) for the modernization of school facilities pursuant to
Chapter 12.5 (commencing with Section 17070.10) of Part 10.
(4) The amount of five hundred million dollars ($500,000,000) for
the purposes set forth in Article 13 (commencing with Section 17078.70) of
Chapter 12.5 of Part 10, relating to facilities for career technical education
programs.
(5) Of the amounts allocated under paragraphs (1) and (3), up to
two hundred million dollars ($200,000,000) for the purposes set forth in
Chapter 894 of the Statutes of 2004, relating to incentives for the creation
of smaller learning communities and small high schools.
(6) The amount of twenty-nine million dollars ($29,000,000) for the
purposes set forth in Article 10.6 (commencing with Section 17077.40) of
Chapter 12.5 of Part 10, relating to joint use projects.
(7) The amount of one billion dollars ($1,000,000,000) shall be
available for providing new construction funding to severely overcrowded
schoolsites pursuant to Article 14 (commencing with Section 17079) of
Chapter 12.5 of Part 10.
(8) The amount of one hundred million dollars ($100,000,000)
for incentive grants to promote the use of designs and materials in new
construction and modernization projects that include the attributes of
high-performance schools, including, but not limited to, the elements set
forth in Section 17070.96, pursuant to regulations adopted by the State
Allocation Board.
(b) School districts may use funds allocated pursuant to paragraph
(3) of subdivision (a) only for one or more of the following purposes in
accordance with Chapter 12.5 (commencing with Section 17070.10) of
Part 10:
(I) The purchase and installation of air-conditioning equipment and
insulation materials, and related costs.
(2) Construction projects or the purchase offurniture or equipment
designed to increase school security or playground safety.
(3) The identification, assessment, or abatement in school facilities
of hazardous asbestos.
(4) Project .funding for high-priority roof replacement projects.
(5) Any other modernization of facilities pursuant to Chapter 12.5
(commencing with Section 17070.10) of Part 10.
(c) Funds allocated pursuant to paragraph (1) of subdivision (a) may
also be utilized to provide new construction grants for eligible applicant
county boards of education under Chapter 12.5 (commencing with Section
17070.10) of Part 10 for funding classrooms for severely handicapped
pupils, or for funding classrooms for county community school pupils.
(d) (I) The Legislature may amend this section to adjust the funding
amounts specified in paragraphs (I) to (8), inclusive, of subdivision (a),
only by either of the following methods:
(A)By a statute, passed in each house of the Legislature by rollcall
vote entered in the respective journals, by not less than two-thirds of the
membership in each house concurring, if the statute is consistent with, and
furthers the purposes of this chapter.
(B)By a statute that becomes effective only when approved by the
voters.
(2) Amendments pursuant to this subdivision may adjust the amounts
1%
to be expended pursuant to paragraphs (I) to (8), inclusive, of subdivision
(a), but may not increase or decrease the total amount to be expended
pursuant to that subdivision.
(e) Funds available pursuant to this section may be used for
acquisition of school facilities authorized pursuant to Section 17280.5.
Article 2. Kindergarten Through 12th Grade School
Facilities Fiscal Provisions
101020. (a) Of the total amount of bonds authorized to be issued
and sold pursuant to Chapter] (commencing with Section 101000), bonds
in the amount of seven billion three hundred twenty-nine million dollars
($Z329,000,000) not including the amount of any refunding bonds issued
in accordance with Section 101030, or so much thereof as is necessary,
may be issued and sold to provide a fund to be used for carrying out
the purposes expressed in this chapter and to reimburse the General
Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of
the Government Code. The bonds, when sold, shall be and constitute a
valid and binding obligation of the State of California, and the full faith
and credit of the State of California is hereby pledged for the punctual
payment of the principal of and interest on, the bonds as the principal and
interest become due and payable.
(b) Pursuant to this section, the Treasurer shall sell the bonds
authorized by the State School Building Finance Committee established
pursuant to Section 15909 at any different times necessary to service
expenditures required by the apportionments.
101021. The State School Building Finance Committee, established
by Section 15909 and composed of the Governor, the Controller, the
Treasurer, the Director of Finance, and the Superintendent, or their
designated representatives, all of whom shall serve thereon without
compensation, and a majority of whom shall constitute a quorum, is
continued in existence for the purpose of this chapter. The Treasurer
shall serve as chairperson of the committee. Two Members of the
Senate appointed by the Senate Committee on Rules, and two Members
of the Assembly appointed by the Speaker of the Assembly, shall meet
with and provide advice to the committee to the extent that the advisory
participation is not incompatible with their respective positions as
Members of the Legislature. For the purposes of this chapter, the Members
of the Legislature shall constitute an interim investigating committee on
the subject of this chapter and, as that committee, shall have the powers
granted to, and duties imposed upon, those committees by the Joint Rules
of the Senate and the Assembly. The Director of Finance shall provide
assistance to the committee as it may require. The Attorney General of the
state is the legal adviser of the committee.
101022. (a) The bonds authorized by this chapter shall be
prepared, executed, issued, sold, paid, and redeemed as provided in the
State General Obligation Bond Law (Chapter 4 (commencing with Section
16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all
of the provisions of that law, except Section 16727 of the Government Code
to the extent that it conflicts with this part, apply to the bonds and to this
chapter and are hereby incorporated into this chapter as though set forth in
full within this chapter.
(b) For purposes of the State General Obligation Bond Law, the State
Allocation Board is designated the "board" for purposes of administering
the 2006 State School Facilities Fund.
101023. (a) Upon request of the State Allocation Board, the State
School Building Finance Committee shall determine whether or not it is
necessary or desirable to issue bonds authorized pursuant to this chapter
in order to fund the apportionments and, if so, the amount of bonds to be
issued and sold. Successive issues of bonds may be authorized and sold to
fund those apportionments progressively, and it is not necessary that all of
the bonds authorized to be issued be sold at any one time.
(b) A request of the State Allocation Board pursuant to subdivision
(a) shall be supported by a statement of the apportionments made and to be
made for the purposes described in Sections 101011 and 101012.
101024. There shall be collected each year and in the same manner
and at the same time as other state revenue is collected, in addition to
the ordinary revenues of the state, a sum in an amount required to pay
the principal of and interest on, the bonds each year. It is the duty of all
officers charged by law with any duty in regard to the collection of the
revenue to do and perform each and every act that is necessary to collect
* *Text of Proposed Laws 1121TEXT OF PROPOSED LAWS * * *
that additional sum.
101025. Notwithstanding Section 13340 of the Government Code,
there is hereby appropriated from the General Fund in the State Treasury,
for the purposes of this chapter, an amount that will equal the total of the
following:
(a) The sum annually necessary to pay the principal of and interest
on, bonds issued and sold pursuant to this chapter, as the principal and
interest become due and payable.
(b) The sum necessary to carry out Section 101028, appropriated
without regard to fiscal years.
101026. The State Allocation Board may request the Pooled Money
Investment Board to make a loan from the Pooled Money Investment
Account or any other approved form of interim financing, in accordance
with Section 16312 of the Government Code, for the purpose of carrying
out this chapter. The amount of the request shall not exceed the amount of
the unsold bonds that the committee, by resolution, has authorized to be
sold for the purpose of carrying out this chapter. The board shall execute
any documents required by the Pooled Money Investment Board to obtain
and repay the loan. Any amounts loaned shall be deposited in the fund to
be allocated by the board in accordance with this chapter.
101027. Notwithstanding any other provision of this chapter, or
of the State General Obligation Bond Law, if the Treasurer sells bonds
pursuant to this chapter that include a bond counsel opinion to the effect
that the interest on the bonds is excluded from gross income for federal
tax purposes, subject to designated conditions, the Treasurer may maintain
separate accounts for the investment of bond proceeds and for the
investment earnings on those proceeds. The Treasurer may use or direct
the use of those proceeds or earnings to pay any rebate, penalty, or other
payment required under federal law or take any other action with respect to
the investment and use of those bond proceeds required or desirable under
federal law to maintain the tax-exempt status of those bonds and to obtain
any other advantage under federal law on behalf of the funds of this state.
101028. For the purposes of carrying out this chapter, the Director
of Finance may authorize the withdrawal from the General Fund of an
amount not to exceed the amount of the unsold bonds that have been
authorized by the State School Building Finance Committee to be sold
for the purpose of carrying out this chapter. Any amounts withdrawn
shall be deposited in the 2006 State School Facilities Fund consistent
with this chapter. Any money made available under this section shall be
returned to the General Fund, plus an amount equal to the interest that
the money would have earned in the Pooled Money Investment Account,
from proceeds received from the sale of bonds for the purpose of carrying
out this chapter.
101029. All money deposited in the 2006 State School Facilities
Fund, that is derived from premium and accrued interest on bonds sold
shall be reserved in the fund and shall be available for transfer to the
General Fund as a credit to expenditures for bond interest.
101030. The bonds may be refunded in accordance with Article 6
(commencing with Section 16780) of Chapter 4 of Part 3 of Division 4
of Title 2 of the Government Code, which is a part of the State General
Obligation Bond Law. Approval by the voters of the state for the issuance
of the bonds described in this chapter includes the approval of the issuance
of any bonds issued to refund any bonds originally issued under this
chapter or any previously issued refunding bonds.
101031. The Legislature hereby finds and declares that, inasmuch
as the proceeds from the sale of bonds authorized by this chapter are not
"proceeds of taxes" as that term is used in Article XIII B of the California
Constitution, the disbursement of these proceeds is not subject to the
limitations imposed by that article.
CHAPTER 3. CALIFORNIA COMMUNITY COLLEGE FACILITIES
Article I. General
101032. (a) The 2006 California Community College Capital
Outlay Bond Fund is hereby established in the State Treasury for deposit
of funds from the proceeds of bonds issued and sold for the purposes of
this chapter.
(b) The Higher Education Facilities Finance Committee established
pursuant to Section 67353 is hereby authorized to create a debt or debts,
122 I Text of Proposed Laws* **
liability or liabilities, of the State of California pursuant to this chapter for
the purpose of providing funds to aid the California Community Colleges.
Article 2. California Community College Program Provisions
101033. (a) From the proceeds of bonds issued and sold pursuant
to Article 3 (commencing with Section 101034), the sum of one billion five
hundred seven million dollars ($1,507,000,000) shall be deposited in the
2006 California Community College Capital Outlay Bond Fund for the
purposes of this article. When appropriated, these funds shall be available
for expenditure for the purposes of this article.
(b) The purposes of this article include assisting in meeting the
capital outlay financing needs of the California Community Colleges.
(c) Proceeds from the sale of bonds issued and sold for the purposes
of this article may be used to fund construction on existing campuses,
including the construction of buildings and the acquisition of related
fixtures, construction of facilities that may be used by more than one
segment of public higher education (intersegmental), the renovation
and reconstruction of facilities, site acquisition, the equipping of new,
renovated, or reconstructed facilities, which equipment shall have an
average useful life of 10 years; and to provide funds for the payment of
preconstruction costs, including, but not limited to, preliminary plans and
working drawings for facilities of the California Community Colleges.
Article 3. California Community College Fiscal Provisions
101034. (a) Of the total amount of bonds authorized to be issued
and sold pursuant to Chapter 1 (commencing with Section 101000),
bonds in the total amount of one billion five hundred seven million dollars
($1,507000,000), not including the amount of any refunding bonds issued
in accordance with Section 101039, or so much thereof as is necessary,
may be issued and sold to provide a fund to be used for carrying out
the purposes expressed in this chapter and to reimburse the General
Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of
the Government Code. The bonds, when sold, shall be and constitute a
valid and binding obligation of the State of California, and the full faith
and credit of the State of California is hereby pledged for the punctual
payment of the principal of and interest on, the bonds as the principal and
interest become due and payable.
(b) It is the intent of the Legislature that the California Community
Colleges annually consider, as part of their annual capital outlay planning
process, the inclusion of facilities that may be used by more than one
segment of public higher education antersegmental), and, that on or
before May 15th of each year, those entities report their findings to the
budget committees of each house of the Legislature.
(c) Pursuant to this section, the Treasurer shall sell the bonds
authorized by the Higher Education Facilities Finance Committee
established pursuant to Section 67353 at any different times necessary to
service expenditures required by the apportionments.
101034.5. (a) The bonds authorized by this chapter shall be
prepared, executed, issued, sold, paid, and redeemed as provided in the
State General Obligation Bond Law (Chapter 4 (commencing with Section
16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all
of the provisions of that law, except Section 16727 of the Government Code
to the extent that it conflicts with this part, apply to the bonds and to this
chapter and are hereby incorporated into this chapter as though set forth
in full within this chapter.
(b) For the purposes of the State General Obligation Bond Law,
each state agency administering an appropriation of the 2006 Community
College Capital Outlay Bond Fund is designated as the "board" for
projects funded pursuant to this chapter.
(c) The proceeds of the bonds issued and sold pursuant to this
chapter shall be available for the purpose offunding aid to the California
Community Colleges for the construction on existing or new campuses,
and their respective off-campus centers and joint use and intersegmental
facilities, as set forth in this chapter.
101035. The Higher Education Facilities Finance Committee
established pursuant to Section 67353 shall authorize the issuance of bonds
under this chapter only to the extent necessary to fund the apportionments
for the purposes described in this chapter that are expressly authorized
I 1(PROPOSITION ID CONTINUED)
* * * TEXT OF PROPOSED LAWS
by the Legislature in the annual Budget Act. Pursuant to that legislative
direction, the committee shall determine whether or not it is necessary or
desirable to issue bonds authorized pursuant to this chapter in order to
carry out the purposes described in this chapter and, if so, the amount of
bonds to be issued and sold. Successive issues of bonds may be authorized
and sold to carry out those actions progressively, and it is not necessary
that all of the bonds authorized to be issued be sold at any one time.
101035.5. There shall be collected each year and in the same
manner and at the same time as other state revenue is collected, in addition
to the ordinary revenues of the state, a sum in an amount required to pay
the principal of and interest on, the bonds each year. It is the duty of all
officers charged by law with any duty in regard to the collection of the
revenue to do and perform each and every act which is necessary to collect
that additional sum.
101036. Notwithstanding Section 13340 of the Government Code,
there is hereby appropriated from the General Fund in the State Treasury,
for the purposes of this chapter, an amount that will equal the total of the
following:
(a) The sum annually necessary to pay the principal of and interest
on, bonds issued and sold pursuant to this chapter, as the principal and
interest become due and payable.
(b) The sum necessary to carry out Section 1010375, appropriated
without regard to fiscal years.
101036.5. The board, as defined in subdivision (b) of Section
101034.5, may request the Pooled Money Investment Board to make a loan
from the Pooled Money Investment Account or any other approved form
of interim financing, in accordance with Section 16312 of the Government
Code, for the purpose of carrying out this chapter. The amount of the
request shall not exceed the amount of the unsold bonds that the committee,
by resolution, has authorized to be sold for the purpose of carrying out this
chapter. The board, as defined in subdivision (b) of Section 101034.5, shall
execute any documents required by the Pooled Money Investment Board
to obtain and repay the loan. Any amounts loaned shall be deposited in the
fund to be allocated by the board in accordance with this chapter.
101037 Notwithstanding any other provision of this chapter, or
of the State General Obligation Bond Law, if the Treasurer sells bonds
pursuant to this chapter that include a bond counsel opinion to the effect
that the interest on the bonds is excluded from gross income for federal
tax purposes, subject to designated conditions, the Treasurer may maintain
separate accounts for the investment of bond proceeds and for the
investment earnings on those proceeds. The Treasurer may use or direct
the use of those proceeds or earnings to pay any rebate, penalty, or other
payment required under federal law or take any other action with respect to
the investment and use of those bond proceeds required or desirable under
federal law to maintain the tax-exempt status of those bonds and to obtain
any other advantage under federal law on behalf of the funds of this state.
1010375. (a) For the purposes of carrying out this chapter, the
Director of Finance may authorize the withdrawal from the General Fund
of an amount not to exceed the amount of the unsold bonds that have been
authorized by the Higher Education Facilities Finance Committee to be
sold for the purpose of carrying out this chapter. Any amounts withdrawn
shall be deposited in the 2006 California Community College Capital
Outlay Bond Fund consistent with this chapter. Any money made available
under this section shall be returned to the General Fund, plus an amount
equal to the interest that the money would have earned in the Pooled
Money Investment Account, from proceeds received from the sale of bonds
for the purpose of carrying out this chapter.
(b) Any request forwarded to the Legislature and the Department
of Finance for funds from this bond issue for expenditure for the purposes
described in this chapter by the California Community Colleges shall be
accompanied by the five-year capital outlay plan that reflects the needs
and priorities of the community college system and is prioritized on a
statewide basis. Requests shall include a schedule that prioritizes the
seismic retrofitting needed to significantly reduce, in the judgment of the
particular college, seismic hazards in buildings identified as high priority
by the college.
101038. All money deposited in the 2006 California Community
College Capital Outlay Bond Fund that is derived from premium and
accrued interest on bonds sold shall be reserved in the fund and shall be
available for transfer to the General Fund as a credit to expenditures for
bond interest.
2,0
101039. The bonds may be refunded in accordance with Article 6
(commencing with Section 16780) of Chapter 4 of Part 3 of Division 4
of Title 2 of the Government Code, which is a part of the State General
Obligation Bond Law. Approval by the voters of the state for the issuance
of the bonds described in this chapter includes the approval of the issuance
of any bonds issued to refund any bonds originally issued under this
chapter or any previously issued refunding bonds.
101039.5. The Legislature hereby finds and declares that, inasmuch
as the proceeds from the sale of bonds authorized by this chapter are not
"proceeds of taxes" as that term is used in Article XIII B of the California
Constitution, the disbursement of these proceeds is not subject to the
limitations imposed by that article.
CHAPTER 4. UNIVERSITY FACILITIES
Article I. General
101040. (a) The system of public universities in this state includes
the University of California, the Hastings College of the Law, and the
California State University, and their respective off-campus centers.
(b) The 2006 University Capital Outlay Bond Fund is hereby
established in the State Treasury for deposit offunds from the proceeds of
bonds issued and sold for the purposes of this chapter.
(c) The Higher Education Facilities Finance Committee established
pursuant to Section 67353 is hereby authorized to create a debt or debts,
liability or liabilities, of the State of California pursuant to this chapter
for the purpose of providing funds to aid the University of California, the
Hastings College of the Law, and the California State University.
Article 2. Program Provisions Applicable to the University of
California and the Hastings College of the Law
101041. (a) From the proceeds of bonds issued and sold pursuant
to Article 4 (commencing with Section 101050), the sum of eight hundred
ninety million dollars ($890,000,000) shall be deposited in the 2006
University Capital Outlay Bond Fund for the purposes of this article.
When appropriated, these funds shall be available for expenditure for the
purposes of this article.
(b) The purposes of this article include assisting in meeting the
capital outlay financing needs of the University of California and the
Hastings College of the Law.
(c) Of the amount made available under subdivision (a), the amount
of two hundred million dollars ($200,000,000) shall be used for capital
improvements that expand and enhance medical education programs with
an emphasis on telemedicine aimed at developing high-tech approaches
to health care.
(d) Proceeds from the sale of bonds issued and sold for the purposes
of this article may be used to fund construction on existing campuses,
including the construction of buildings and the acquisition of related
fixtures, construction of facilities that may be used by more than one
segment of public higher education (intersegmental), the renovation
and reconstruction of facilities, site acquisition, the equipping of new,
renovated, or reconstructed facilities, which equipment shall have an
average useful life of 10 years; and to provide funds for the payment of
preconstruction costs, including, but not limited to, preliminary plans
and working drawings for facilities of the University of California and the
Hastings College of the Law.
Article 3. Program Provisions Applicable
to the California State University
101042. (a) From the proceeds of bonds issued and sold pursuant
to Article 4 (commencing with Section 101050), the sum of six hundred
ninety million dollars ($690,000,000) shall be deposited in the 2006
University Capital Outlay Bond Fund for the purposes of this article.
When appropriated, these funds shall be available for expenditure for the
purposes of this article.
(b) The purposes of this article include assisting in meeting the
capital outlay financing needs of the California State University.
(c) Proceeds from the sale of bonds issued and sold for the purposes
of this article may be used to fund construction on existing campuses,
including the construction of buildings and the acquisition of related
* * * Text of Proposed Laws 1 123TEXT OF PROPOSED LAWS * * *
fixtures, construction of facilities that may be used by more than one
segment of public higher education (intersegmental), the renovation
and reconstruction of facilities, site acquisition, the equipping of new,
renovated, or reconstructed facilities, which equipment shall have an
average useful life of 10 years; and to provide funds for the payment of
preconstruction costs, including, but not limited to, preliminary plans and
working drawings for facilities of the California State University.
Article 4. University Fiscal Provisions
101050. (a) Of the total amount ofbonds authorized to be issued and
sold pursuant to Chapter 1 (commencing with Section 101000), bonds in the
amount of one billion five hundred eighty million dollars ($1,580,000,000),
not including the amount of any refunding bonds issued in accordance with
Section 101059, or so much thereof as is necessary, may be issued and sold
to provide a fund to be used for carrying out the purposes expressed in this
chapter and to reimburse the General Obligation Bond Expense Revolving
Fund pursuant to Section 16724.5 of the Government Code. The bonds,
when sold, shall be and constitute a valid and binding obligation of the
State of California, and the full faith and credit of the State of California is
hereby pledged for the punctual payment of the principal of and interest
on, the bonds as the principal and interest become due and payable.
(b) It is the intent of the Legislature that the University of California
and the California State University annually consider, as part of their annual
capital outlay planning process, the inclusion offacilities that may be used
by more than one segment ofpublic higher education (intersegmental), and,
that on or before May 15 of each year, those entities report theirfindings to
the budget committees of each house of the Legislature.
(c) Pursuant to this section, the Peasurer shall sell the bonds
authorized by the Higher Education Facilities Finance Committee
established pursuant to Section 67353 at any different times necessary to
service expenditures required by the apportionments.
101051 (a) The bonds authorized by this chapter shall be prepared,
executed, issued, sold, paid, and redeemed as provided in the State General
Obligation Bond Law (Chapter 4 (commencing with Section 16720) of
Part 3 of Division 4 of Title 2 of the Government Code), and all of the
provisions of that law, except Section 16727 of the Government Code to the
extent that it conflicts with this part, apply to the bonds and to this chapter
and are hereby incorporated into this chapter as though set forth in full
within this chapter.
(b) For the purposes of the State General Obligation Bond Law,
each state agency administering an appropriation of the 2006 University
Capital Outlay Bond Fund is designated as the "board" for projects
funded pursuant to this chapter.
(c) The proceeds of the bonds issued and sold pursuant to this
chapter shall be available for the purpose offunding aid to the University
of California, the Hastings College of the Law, and the California State
University, for the construction on existing or new campuses, and their
respective off-campus centers and joint use and intersegmental facilities,
as set forth in this chapter.
101052. The Higher Education Facilities Finance Committee
established pursuant to Section 67353 shall authorize the issuance of bonds
under this chapter only to the extent necessary to fund the apportionments
for the purposes described in this chapter that are expressly authorized
by the Legislature in the annual Budget Act. Pursuant to that legislative
direction, the committee shall determine whether or not it is necessary or
desirable to issue bonds authorized pursuant to this chapter in order to
carry out the purposes described in this chapter and, if so, the amount of
bonds to be issued and sold. Successive issues of bonds may be authorized
and sold to carry out those actions progressively, and it is not necessary
that all of the bonds authorized to be issued be sold at any one time.
101053. There shall be collected each year and in the same manner
and at the same time as other state revenue is collected, in addition to
the ordinary revenues of the state, a sum in an amount required to pay
the principal of and interest on, the bonds each year. It is the duty of all
officers charged by law with any duty in regard to the collection of the
revenue to do and perform each and every act which is necessary to collect
that additional sum.
101054. Notwithstanding Section 13340 of the Government Code,
there is hereby appropriated from the General Fund in the State Treasury,
for the purposes of this chapter, an amount that will equal the total of the
following:
(a) The sum annually necessary to pay the principal of and interest
on, bonds issued and sold pursuant to this chapter, as the principal and
interest become due and payable.
(b) The sum necessary to carry out Section 101057, appropriated
without regard to fiscal years.
101055. The board, as defined in subdivision (b) of Section 101051,
may request the Pooled Money Investment Board to make a loan from the
Pooled Money Investment Account or any other approved form of interim
financing, in accordance with Section 16312 of the Government Code,
for the purpose of carrying out this chapter. The amount of the request
shall not exceed the amount of the unsold bonds that the committee, by
resolution, has authorized to be sold for the purpose of carrying out this
chapter. The board, as defined in subdivision (b) of Section 101051, shall
execute any documents required by the Pooled Money Investment Board
to obtain and repay the loan. Any amounts loaned shall be deposited in the
fund to be allocated by the board in accordance with this chapter.
101056. Notwithstanding any other provision of this chapter, or
of the State General Obligation Bond Law, if the Treasurer sells bonds
pursuant to this chapter that include a bond counsel opinion to the effect
that the interest on the bonds is excluded from gross income for federal
tax purposes, subject to designated conditions, the Treasurer may maintain
separate accounts for the investment of bond proceeds and for the
investment earnings on those proceeds. The Treasurer may use or direct
the use of those proceeds or earnings to pay any rebate, penalty, or other
payment required under federal law or take any other action with respect to
the investment and use of those bond proceeds required or desirable under
federal law to maintain the tax-exempt status of those bonds and to obtain
any other advantage under federal law on behalf of the funds of this state.
10105Z (a) For the purposes of carrying out this chapter, the
Director of Finance may authorize the withdrawal from the General Fund
of an amount not to exceed the amount of the unsold bonds that have
been authorized by the Higher Education Facilities Finance Committee
to be sold for the purpose of carrying out this chapter. Any amounts
withdrawn shall be deposited in the 2006 University Capital Outlay Bond
Fund consistent with this chapter. Any money made available under this
section shall be returned to the General Fund, plus an amount equal to the
interest that the money would have earned in the Pooled Money Investment
Account, from proceeds received from the sale of bonds for the purpose of
carrying out this chapter.
(b) Any request forwarded to the Legislature and the Department
of Finance for funds from this bond issue for expenditure for the purposes
described in this chapter by the University of California, the Hastings
College of the Law, or the California State University shall be accompanied
by the five-year capital outlay plan. Requests forwarded by a university
or college shall include a schedule that prioritizes the seismic retrofitting
needed to significantly reduce, in the judgment of the particular university
or college, seismic hazards in buildings identified as high priority by the
university or college.
101058. All money deposited in the 2006 University Capital Outlay
Bond Fund that is derived from premium and accrued interest on bonds
sold shall be reserved in the fund and shall be available for transfer to the
General Fund as a credit to expenditures for bond interest.
101059. The bonds may be refunded in accordance with Article 6
(commencing with Section 16780) of Chapter 4 of Part 3 of Division 4
of Title 2 of the Government Code, which is a part of the State General
Obligation Bond Law. Approval by the voters of the state for the issuance
of the bonds described in this chapter includes the approval of the issuance
of any bonds issued to refund any bonds originally issued under this
chapter or any previously issued refunding bonds.
101060. The Legislature hereby finds and declares that, inasmuch
as the proceeds from the sale of bonds authorized by this chapter are not
"Proceeds of taxes" as that term is used in Article XIII B of the California
Constitution, the disbursement of these proceeds is not subject to the
limitations imposed by that article.
SEC. 20. (a) Up to twenty-one million dollars ($21,000,000)
of any funds that are required to be made available for rehabilitation or
construction of joint-use facilities for public schools and that result or are
derived from the sale of bonds issued on or before January 1, 2006, shall be
124 1 Text of Proposed Laws** *
2.1(PROPOSITION 11D CONTINUED)
* * * TEXT OF PROPOSED LAWS
transferred to the State Allocation Board and may be apportioned by that
board for the purposes of Article 10.6 (commencing with Section 17077.40)
of Chapter 12.5 of Part 10 of the Education Code.
(b) Any funds remaining after the transfer required under subdivision
(a) that conform to the description set forth in that subdivision shall be
transferred to the State Allocation Board and may be apportioned by that
board for any of the purposes of Chapter 12.5 (commencing with Section
17070.10) of Part 10 of the Education Code.
PROPOSITION lE
This law proposed by Assembly Bill 140 of the 2005-2006 Regular
Session (Chapter 33, Statutes of 2006) is submitted to the people
in accordance with the provisions of Article XVI of the California
Constitution.
This proposed law adds sections to the Public Resources Code;
therefore, new provisions proposed to be added are printed in italic type to
indicate that they are new.
PROPOSED LAW
SECTION 1. Chapter 1.699 (commencing with Section 5096.800)
is added to Division 5 of the Public Resources Code, to read:
CHAPTER 1.699. DISASTER PREPAREDNESS AND
FLOOD PREVENTION BOND ACT OF 2006
Article I. General Provisions
5096.800. This chapter shall be known and may be cited as the
Disaster Preparedness and Flood Prevention Bond Act of 2006.
Article 2. Definitions
5096.805. Unless the context otherwise requires, the definitions set
forth in this article govern the construction of this chapter.
(a) "Board" means the Reclamation Board or successor entity.
(b) "Committee" means the Disaster Preparedness and Flood
Prevention Bond Finance Committee, created by Section 5096.957
(c) "Delta" means the area of the Sacramento-San Joaquin Delta as
defined in Section 12220 of the Water Code.
(d) "Department" means the Department of Water Resources.
(e) "Facilities of the State Plan of Flood Control" means the levees,
weirs, channels, and other features of the federal and state authorized
flood control facilities located in the Sacramento and San Joaquin River
drainage basin for which the board or the department has given the
assurances of nonfederal cooperation to the United States required for the
project, and those facilities identified in Section 8361 of the Water Code.
(I) "Fund" means the Disaster Preparedness and Flood Prevention
Bond Fund of 2006, created by Section 5096.806.
(g) "Project levees" means the levees that are part of the facilities of
the State Plan of Flood Control.
(h) "Restoration" means the improvement of a physical structure or
facility and, in the case of natural system and landscape features includes,
but is not limited to, a project for the control of erosion, the control and
elimination of exotic species, including prescribed burning, fuel hazard
reduction, fencing out threats to existing or restored natural resources,
road elimination, and other plant and wildlife habitat improvement to
increase the natural system value of the property. A restoration project
shall include the planning, monitoring, and reporting necessary to ensure
successful implementation of the project objectives.
(t) "State General Obligation Bond Law" means the State General
Obligation Bond Law (Chapter 4 (commencing with Section 16720) of
Part 3 of Division 4 of Title 2 of the Government Code).
0) "State Plan of Flood Control" means the state and federal
flood control works, lands, programs, plans, conditions, and mode of
maintenance and operations of the Sacramento River Flood Control
Project described in Section 8350 of the Water Code, and offlood control
projects in the Sacramento River and San Joaquin River watersheds
authorized pursuant to Article 2 (commencing with Section 12648) of
Chapter 2 of Part 6 of Division 6 of the Water Code for which the board or
the department has provided the assurances of nonfederal cooperation to
the United States, which shall be updated by the department and compiled
into a single document entitled "The State Plan of Flood Control."
(k) "Urban area" means any contiguous area in which more than
10,000 residents are protected by project levees.
Article 3. Disaster Preparedness and Flood Prevention Bond
Fund of 2006
5096.806. The proceeds of bonds issued and sold pursuant to
this chapter shall be deposited in the Disaster Preparedness and Flood
Prevention Bond Fund of 2006, which is hereby created.
Article 4. Disaster Preparedness and Flood Prevention Program
5096.820. (a) The sum of four billion ninety million dollars
($4,090,000,000) shall be available, upon appropriation therefor, for
disaster preparedness and flood prevention projects pursuant to this
article.
(b) In expending funds pursuant to this article, the Governor shall
do all of the following:
(I) Secure the maximum feasible amounts of federal and local
matching funds to fund disaster preparedness and flood prevention
projects in order to ensure prudent and cost-effective use of these funds to
the extent that this does not prohibit timely implementation of this article.
(2) Prioritize project selection and project design to achieve
maximum public benefits from the use of these funds.
(3) In connection with the submission of the annual Governor's
Budget, submit an annual Bond Expenditure Disaster Preparedness and
Flood Prevention Plan that describes in detail the proposed expenditures of
bond funds, the amount offederal appropriations and localfunding obtained
to fund disaster preparedness and flood prevention projects to match those
expenditures, and an investment strategy to meet long-term flood protection
needs and minimize state taxpayer liabilities from flooding.
5096.821. Three billion dollars ($3,000,000,000) shall be available,
upon appropriation to the department, for the following purposes:
(a) The evaluation, repair, rehabilitation, reconstruction, or
replacement of levees, weirs, bypasses, and facilities of the State Plan of
Flood Control by all of the following actions:
(1)Repairing erosion sites and removing sediment from channels or
bypasses.
(2) Evaluating and repairing levees and any other facilities of the
State Plan of Flood Control.
(3) Implementing mitigation measures for a project undertaken
pursuant to this subdivision. The department may fund participation in a
natural community conservation plan pursuant to Chapter 10 (commencing
with Section 2800) of Division 3 of the Fish and Game Code to facilitate
projects authorized by this subdivision.
(b) Improving or adding facilities to the State Plan of Flood Control
to increase levels offlood prevention for urban areas, including all related
costs for mitigation and infrastructure relocation. Funds made available by
this subdivision may be expended for state financial participation in federal
and state authorized flood control projects, feasibility studies and design
of federal flood damage reduction and related projects, and reservoir
reoperation and groundwater flood storage projects. Not more than two
hundred million dollars ($200,000,000) may be expended on a single
project, excluding authorized flood control improvements to Folsom Dam.
(c) (I) To reduce the risk of levee failure in the delta.
(2) The funds made available for the purpose specified in paragraph
(I) shall be expended for both of the following purposes:
(A)Local assistance under the delta levee maintenance subventions
program under Part 9 (commencing with Section 12980) of Division 6 of
the Water Code, as that part may be amended.
(B)Special flood protection projects under Chapter 2 (commencing
with Section 12310) of Part 4.8 of Division 6 of the Water Code, as that
chapter may be amended.
5096.824. (a) Five hundred million dollars ($500,000,000) shall
* **Text of Proposed Laws 1 125MEETING DATE: September 25, 2006
AGENDA ITEM: A Resolution of the City Council of the City of Culver
City Supporting Propositions 1A, 1B, 1C, 1D, 1E and
84 on the November 2006 Ballot.
ATTACHMENTS
Paaes
1. Resolution No. 1-2
2. Culver City Legislative Advocacy Program for 2006. 4-10
3. Text of Proposed Laws for Propositions 1A, 1B, 1C, 1D, 11-32
13 and 84.RESOLUTION NO. 2006-R
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CULVER CITY, CALIFORNIA,
SUPPORTING PROPOSITIONS 1A, 1B, 1C, 1D, 1E
AND 84 ON THE NOVEMBER 2006 BALLOT.
WHEREAS, the State of California will hold a general election on November
7, 2006 to determine whether or not the voters of the State desire to enact Propositions 1 A
— 1 E and 84; and
WHEREAS, statewide ballot initiatives effect the quality of life of Culver City
residents; and
WHEREAS, Proposition 1 A would enact the Transportation Investment Fund
to restrict the Legislature's ability to borrow Prop. 42 funds; and
WHEREAS, Proposition 1 B would enact the Highway Safety, Traffic
Reduction, Air Quality, and Port Security Bond Act of 2006 to authorize $20 billion of state
general obligation bonds for specified purposes; and
WHEREAS, Proposition 1 C would enact the Housing and Emergency
Shelter Trust Fund Act of 2006, which, if adopted, would authorize the issuance of bonds in
the amount of $2.85 billion to finance various existing housing programs, capital outlay
related to infill development, Brownfield cleanup that promotes infill development, and
housing-related parks; and
WHEREAS, Proposition 1 D would enact the Education facilities:
Kindergarten-University Public Education Facilities Bond Act of 2006 to provide $10.4
billion in bonds to be deposited into the 2006 State School Facilities fund, which will be
used to meet capital outlay needs of higher educational facilities, and finance grants for
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construction and renovation of schools, including charter schools and facilities for career
technical education programs, and to relieve overcrowded schools; and
WHEREAS, Proposition 1 E would enact the Disaster Preparedness and
Flood Prevention Bond Act of 2006 to provide a total of $4.1 billion to prevent flooding by
repairing levees and other flood control infrastructure in the Sacramento-San Joaquin River
Delta and elsewhere; and
WHEREAS, Proposition 84 would provide $5.4 billion for improving natural
resources and water programs including state projects and grants for flood control, safe
drinking water, improving water quality, integrated water management, water planning, and
sustainable communities; and
WHEREAS, the League of California Cities is in strong support of
Propositions IA— 1E and 84, and views this package of measures as providing critically
needed resources for California cities.
NOW, THEREFORE, the City Council of the City of Culver City, California,
DOES HEREBY RESOLVE as follows:
1. That the City hereby expresses its strong support for Propositions 1A,
1B, 1C, 1D, lE and 84, which will be presented for voter approval on the November 2006
statewide ballot.
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-2-2. That the City Manager is hereby directed to send copies of the
adopted resolution to Governor Arnold Schwarzenegger; Senator Kevin Murray, 26th
District; Assembly member Karen Bass, 47 th District; and the League of California
Cities.
APPROVED and ADOPTED this day of 2006.
GARY SILBIGER, MAYOR
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
CHRISTOPHER ARMENTA, City Clerk
A06-00561
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CAROL A. SCHWAB, City AttorneyC et,„
Legislative Advocacy Program for 2006
PRIORITY ISSUES for the
2005-2006 State Legislative Session and the
109th Congress
City of Culver City
City Council
Adopted February 13, 2006
Contact:
Shelly Wolfberg, Intergovernmental Relations Officer - 310-253-6008aAt
Legislative Advocacy Program for 2006
Economic Stability & Financial Development
Economic Development
• Support efforts to develop and promote policies, legislation and grants that help
urban areas foster greater economic opportunity.
• Support efforts to retain, expand, and attract businesses to the City that create
jobs compatible with the local workforce and tax revenues for the local economy.
• Support efforts to ensure that requirements and government mandates for local
businesses are feasible.
Tax Base
• Support legislation that would protect the distribution of sales tax to the City and
benefit Culver City as a "low property tax" City.
• Support legislation that mitigates the impacts of the "Triple Flip" as well as other
modes that have delayed or inhibited the City's ability to receive revenues.
• Support efforts to simplify the collection of sales taxes nationwide and provide an
equitable method for collecting sales taxes for Internet and catalog sales.
• Support efforts to exempt cities from paying State sales tax.
• Oppose any actions that attempt to dilute the City's tax base.
• Oppose legislation that compromises the City's ability to compose and/or collect
appropriate business license fees from Culver City businesses.
• Support legislation that seeks a balance in overall revenue structure between
stable and economically sensitive revenues.
• Support the development of legislation to assess a franchise fee or tax on
telecommunication and cable modem services.
State Mandates
• Support legislation that seeks a balance between local government mandated
obligations and State funding for implementation.
• Oppose any legislation that would place a mandate on the City without providing
the funds necessary to carry out the mandated program. Render mandates
invalid if not fully funded.
• Oppose any legislation that would require any mandated obligations to continue
after funding for the mandate has been eliminated.
23
Legislative Advocacy Program for 2006
City Revenues
• Support legislation that would favorably address the State/local government fiscal
relationship, including the capping and or return of ERAF (Educational Revenue
Augmentation Fund) dollars to cities.
• Oppose any legislation that would reduce the amount of revenues to the General
Fund and Redevelopment Agency from the State or Governor.
• Oppose any legislation that would reduce the City's autonomy and flexibility in
dealing with the financing of public service.
Community Development
Housing
• Support legislation that allows local government to make decisions regarding
housing density levels.
• Support legislation that pursues fair and equitable housing development.
• Support clarification and streamlining of the Regional Housing Needs
Assessment process.
• Support legislative efforts and seek grants that promote the development and
enhancement of affordable housing within the City.
Redevelopment
• Support legislation that acknowledges redevelopment agencies efforts to
positively impact business growth, revitalize communities and remove blight
through various redevelopment projects that increase locally generated revenue.
• Support efforts to preserve redevelopment-funding mechanisms and do not
impair redevelopment agencies ability to meet existing legal and contractual
obligations.
• Oppose mandates or restrictions placed on the use of redevelopment funds or
eminent domain practices.
• Oppose efforts to usurp local zoning authority.
• Support legislation that upholds the Culver City Redevelopment Agency's
Redevelopment Plan.
Employment
• Support efforts that will enhance the City and the region's ability to create a
strong, viable, and productive workforce.
• Support efforts to reform workers' compensation statutes to simplify the system
and reduce costs to employers.Legislative Advocacy Program for 2006
• Monitor efforts to mandate increases in health benefit levels or increase the
City's cost for changes to benefit levels for its active employees.
• Oppose legislation that precludes the City's right to negotiate employee pension
benefits.
• Support legislation that would allow local governments to withdraw from
participation in FICA and Social Security if they have other retirement programs
in place.
Environment
Air/Water Quality
• Support efforts and seek grants, including partnerships with the private sector, to
provide assistance to environmental clean-up projects.
• Support efforts to improve clean-up and improvements for waterways that affect
the City.
• Seek federal funds to support the assessment of water quality and the cleaning
of Ballona Creek.
• Support reasonable environmental regulations aimed at enhancing air and water
quality that provides for corresponding funding mechanisms and will not become
a financial burden to the City.
• Support legislation that improves air quality in Culver City and surrounding areas.
• Support legislation and grants that encourage the use of innovative, clean
burning alternative fuels for vehicles.
• Support measures that would reduce the cost of compliance with environmental
regulations.
Energy
• Support efforts to preserve municipalities' opportunity to provide energy
alternatives to residents and businesses and to maintain a utility established rate
structure that is fair and equitable for the City and its residents.
• Support legislation that promotes reliable affordable energy for businesses and
residents.
• Support Community Choice Aggregation that permits any city, county or city and
county to aggregate the electric loads of residents, businesses and municipal
facilities to facilitate the economical purchase and sale of electrical energy.
Balance the abilities of both municipal utilities and independently operated
utilities.
4CAt
Legislative Advocacy Program for 2006
Community Safety
Public Safety & Crime Prevention
• Support legislation and pursue grants to fund new technology and equipment and
improve and replace existing technology and equipment for Police and Fire.
• Support legislation and pursue grants that would provide funding for public safety
facilities.
• Support legislation that provides funding for equipment, training, and exercises
that enhance local capabilities to mitigate, prepare, respond, and recover from
terrorist attacks.
• Support efforts to maintain City reimbursements for overtime costs paid to public
safety personnel for required appearances in State and/or County courts.
• Oppose legal requirements and constraints that would inhibit the City's ability to
perform nuisance abatement related to conditions, activities and places.
Neighborhood Development
Homeless Assistance
• Support efforts to reduce homelessness and increase services to the homeless
both locally and regionally.
• Aggressively seek grant funding to assist with the City's homeless programs.
Arts
• Support legislative efforts and grant opportunities that assist the City in obtaining
funding for community arts programming.
Parks & Recreation
• Support legislation and grants to fund parks and recreation, capital
improvements, and programs to increase the quality of life for Culver City
residents.
• Support legislation that would allow funding for parks and recreation to be used
for maintenance and operations.
• Explore legislation and seek grants that are intended to serve dense urban
areas.
• Support legislation that limits the City's liability at park and recreation facilities to
instances when the City has acted negligently.
Senior & Social Services
• Support efforts to maintain or increase funding for senior housing and nutrition
programs, disabled services, paratransit services, and intergenerational care
programs.
5Legislative Advocacy Program for 2006
• Support legislation that would allow for funding for educational, recreational and
physical fitness related programs for seniors.
• Support legislation and seek grants that provide financial relief for cities in
making facilities and other public places accessible as mandated by the ADA.
Youth & Education
• Support legislation and grants that enhance the services provided to children and
families.
• Support legislation and grants that promote the efforts of the City's youth
diversion and intervention programs.
• Support legislation and seek grants that enhance the services provided to
children, parents, and families, including early education programs.
• Support and collaborate with Culver City Unified School District to secure funding
that assists in enhancement and further development of K-12 education.
Transportation
• Support efforts to maintain and increase funding for transportation operations,
programs and projects throughout the City.
• Support the implementation the Metro Exposition Light Rail Project with grade
separated crossings and an aerial station.
• Support efforts to increase funding for the Red Line Light Rail extension, the l-
10/Robertson Interchange and other projects that will help relieve traffic
congestion in the Westside subregion.
• Support efforts to enhance and protect state, local and federal funding for Culver
City's mass transit and transportation projects.
Public Works
• Support legislative efforts to ensure that the City maintains public rights-of-way
control and allow the City to collect fair compensation for its use.
• Support efforts to maintain and increase funding for streets and roads
maintenance and transportation infrastructure programs throughout the City.
• Oppose legislation that would compromise local control in regards to refuse
collection, recycling, hazardous materials handling, landfill operations, and the
safe transport of waste both interstate and intrastate.
• Oppose legislation that would compromise local control in regards to sewer
operations and treatment.
• Support legislation that preserves the right of local government to set fee
structures.
6Legislative Advocacy Program for 2006
• Support efforts to identify funding for cogeneration unit upgrades or installations.
• Support legislation that promotes funding solar energy and photovoltaic
technology.
• Support efforts to identify increased funding and grants for traffic mitigation and
congestion management.
Telecommunications
• Support legislation that provides individual universal access to the Internet along
with schools and libraries.
• Support legislative efforts to ensure that the City receives the maximum benefit
from Internet commerce.
• Support legislation that enables Municipal Broadband Wireless Deployment.
Additional Issues
Preemption of Local Authority
• Oppose any legislation intended to preempt the current authority possessed by
the City and delegates that authority to the State or other government agencies.
• Support legislation that protects and/or expands the City's authority and rights
over its affairs.
Entertainment
• Support legislative efforts to keep film, television, and commercial advertisement
production and post production in the State of California.
• Support the California Legislature and the federal government in their efforts at
the federal level to maintain film and television production in the United States
City's Liability
• Support legislation and policies that shield cities from being treated as deep
pockets.
• Support legislation that limits liability to instances when cities have acted
negligently.
• Support legislation limiting the instances when cities have to pay damages
without having acted negligently.
Public Notification
• Support legislation that allows electronic mail (e-mail) as an accepted form of
communication for mandated notifications.
10 7TEXT OF PROPOSED LAWS * * *
PROPOSITION IA
This amendment proposed by Senate Constitutional Amendment
7 of the 2005-2006 Regular Session (Resolution Chapter 49, Statutes of
2006) expressly amends the California Constitution by amending a section
thereof; therefore, existing provisions proposed to be deleted are printed
in st. k,t typ, and new provisions proposed to be added are printed in
italic type to indicate that they are new.
PROPOSED AMENDMENT TO SECTION 1 OF
ARTICLE XIX B
SECTION I. (a) For the 2003-04 fiscal year and each fiscal year
thereafter, all moneys that are collected during the fiscal year from taxes
under the Sales and Use Tax Law (Part 1 (commencing with Section 6001)
of Division 2 of the Revenue and Taxation Code), or any successor to
that law, upon the sale, storage, use, or other consumption in this State of
motor vehicle fuel, and that are deposited in the General Fund of the State
pursuant to that law, shall be transferred to the Transportation Investment
Fund, which is hereby created in the State Treasury.
(b) (1) For the 2003-04 to 2007-08 fiscal years, inclusive, moneys in
the Transportation Investment Fund shall be allocated, upon appropriation
by the Legislature, in accordance with Section 7104 of the Revenue and
Taxation Code as that section read on th datt, ,jf tlusu.1
March 6, 2002.
(2) For the 2008-09 fiscal year and each fiscal year thereafter,
moneys in the Transportation Investment Fund shall be allocated solely for
the following purposes:
(A) Public transit and mass transportation.
(B) Transportation capital improvement projects, subject to the
laws governing the State Transportation Improvement Program, or any
successor to that program.
(C) Street and highway maintenance, rehabilitation, reconstruction,
or storm damage repair conducted by cities, including a city and county.
(D) Street and highway maintenance, rehabilitation, reconstruction,
or storm damage repair conducted by counties, including a city and county.
(c) For the 2008-09 fiscal year and each fiscal year thereafter,
moneys in the Transportation Investment Fund shall be allocated, upon
appropriation by the Legislature, as follows:
(A) Twenty percent of the moneys for the purposes set forth in
subparagraph (A) of paragraph (2) of subdivision (b).
(B) Forty percent of the moneys for the purposes set forth in
subparagraph (B) of paragraph (2) of subdivision (b).
(C) Twenty percent of the moneys for the purposes set forth in
subparagraph (C) of paragraph (2) of subdivision (b).
(D) Twenty percent of the moneys for the pu.pva,purposes set forth
in subparagraph (D) of paragraph (2) of subdivision (b).
(d) T+e (I) Except as otherwise provided by paragraph (2), the
transfer of revenues from the General Fund of the State to the Transportation
Investment Fund pursuant to subdivision (a) may be suspended, in whole
or in part, for a fiscal year if both all of the following conditions are met:
(1)(A) The Governor trat-issucd issues a proclamation that declares
that, due to a severe state fiscal hardship, the suspension of the transfer of
revenues pt to required by subdivision (a) will-restrIt+ra-signifreant
1 g
v
Gt,llt,laI rui1dOfthe-State is necessary.
(2) (B) The Legislature enacts by statute, pursuant to a bill passed
in each house of the Legislature by rollcall vote entered in the journal, two-
thirds of the membership concurring, a suspension for that fiscal year of
the transfer of revenues pulallt to required by subdivision (a), p,uv
that and the bill does not contain any other unrelated provision.
(C) No later than the effective date of the statute described in
subparagraph (B), a separate statute is enacted that provides for the full
repayment to the Transportation Investment Fund of the total amount of
revenue that was not transferred to that fund as a result of the suspension,
including interest as provided by law. This full repayment shall be made
not later than the end of the third fiscal year immediately following the
fiscal year to which the suspension applies.
(2) (A) The transfer required by subdivision (a) s hall not be suspended
1141 Text of Proposed Laws * * *
for more than two fiscal years during any period of 10 consecutive fiscal
years, which period begins with the first fiscal year commencing on or
after July 1, 2007, for which the transfer required by subdivision (a) is
suspended.
(B) The transfer required by subdivision (a) shall not be suspended
during any fiscal year ([a full repayment required by a statute enacted
in accordance with subparagraph (C) of paragraph (I) has not yet been
completed.
(e) The Legislature may enact a statute that modifies the percentage
shares set forth in subdivision (c) by a bill passed in each house of the
Legislature by rollcall vote entered in the journal, two-thirds of the
membership concurring, provided that the bill does not contain any other
unrelated provision and that the moneys described in subdivision (a) are
expended solely for the purposes set forth in paragraph (2) of subdivision (b).
(/) (I) An amount equivalent to the total amount of revenues that were
not transferred from the General Fund of the State to the Transportation
Investment Fund, as of July I, 2007, because of a suspension of transfer
of revenues pursuant to this section as it read on January I, 2006, but
excluding the amount to be paid to the Transportation Deferred Investment
Fund pursuant to Section 63048.65 of the Government Code, shall be
transferred from the General Fund to the Transportation Investment Fund
no later than June 30, 2016. Until this total amount has been transferred,
the amount of transfer payments to be made in each fiscal year shall not
be less than one-tenth of the total amount required to be transferred by
June 30, 2016. The transferred revenues shall be allocated solely for the
purposes setforth in this section as if they had been received in the absence
of a suspension of transfer of revenues.
(2) The Legislature may provide by statute for the issuance of
bonds by the state or local agencies, as applicable, that are secured by
the minimum transfer payments required by paragraph (1). Proceeds from
the sale of those bonds shall be allocated solely for the purposes set forth
in this section as ([they were revenues subject to allocation pursuant to
paragraph (2) of subdivision (b).
PROPOSITION 1B
This law proposed by Senate Bill 1266 of the 2005-2006 Regular
Session (Chapter 25, Statutes of 2006) is submitted to the people
in accordance with the provisions of Article XVI of the California
Constitution.
This proposed law adds sections to the Government Code; therefore,
new provisions proposed to be added are printed in italic type to indicate
that they are new.
PROPOSED LAW
SECTION 1. Chapter 12.49 (commencing with Section 8879.20) is
added to Division 1 of Title 2 of the Government Code, to read:
CHAPTER 12.49. ME HIGHWAY SAFETY, TRAFFIC REDUCTION,
AIR QUALITY, AND PORT SECURITY BOND ACT OF 2006
Article I. General Provisions
8879.20. (a) This chapter shall be known as the Highway Safety,
Traffic Reduction, Air Quality, and Port Security Bond Act of 2006.
(b) This chapter shall only become operative upon adoption by the
voters at the November Z 2006, statewide general election.
8879.22. As used in this chapter, the following terms have the
following meanings:
(a) "Board" means any department receiving an allocation of bond
proceeds pursuant to this chapter.
(b) "Committee" means the Highway Safety, Traffic Reduction,
Air Quality, and Port Security Committee created pursuant to
Section 8879.27.
(c) "Fund "means the Highway Safety, Traffic Reduction, Air Quality,
and Port Security Fund of 2006 created pursuant to Section 8879.23.
Article 2. Highway Safety, Traffic Reduction, Air Quality, and Port
Security Fund of 2006 and Program
(1(PROPOSITION IB CONTINUED)
***TEXT OF PROPOSED LAWS
8879.23. The Highway Safety, Traffic Reduction, Air Quality, and
Port Security Fund of 2006 is hereby created in the State Treasury. The
Legislature intends that the proceeds of bonds deposited in the fund shall
be used to fund the mobility, safety, and air quality improvements described
in this article over the course of the next decade. The proceeds of bonds
issued and sold pursuant to this chapter for the purposes specified in this
chapter shall be allocated in the following manner:
(a) (I) Four billion five hundred million dollars ($4,500,000,000)
shall be deposited in the Corridor Mobility Improvement Account, which
is hereby created in the fund. Funds in the account shall be available to
the California Transportation Commission, upon appropriation in the
annual Budget Bill by the Legislature, for allocation for performance
improvements on highly congested travel corridors in California. Funds
in the account shall be used for performance improvements on the state
highway system, or major access routes to the state highway system on
the local road system that relieve congestion by expanding capacity,
enhancing operations, or otherwise improving travel times within these
high-congestion travel corridors, as identified by the department and
regional or local transportation agencies, pursuant to the process in
paragraph (3) or (4), as applicable.
(2) The commission shall develop and adopt guidelines, by December
I, 2006, including regional programming targets, for the program funded
by this subdivision, and shall allocate funds from the account to projects
after reviewing project nominations submitted by the Department of
Transportation and by regional transportation planning agencies or county
transportation commissions or authorities pursuant to paragraph (4).
(3) Subject to the guidelines adopted pursuant to paragraph (2), the
department shall nominate, by no later than January 15, 2007, projects
for the allocation of funds from the account on a statewide basis. The
department's nominations shall be geographically balanced and shall
reflect the department's assessment of a program that best meets the policy
objectives described in paragraph (I).
(4) Subject to the guidelines adopted pursuant to paragraph (2),
a regional transportation planning agency or county transportation
commission or authority responsible for preparing a regional
transportation improvement plan under Section 14527 may nominate
projects identified pursuant to paragraph (I) that best meet the policy
objectives described in that paragraph for fundingfrom the account. Projects
nominated pursuant to this paragraph shall be submitted to the commission
for consideration for funding by no later than January 15, 2007.
(5) All nominations to the California Transportation Commission
shall be accompanied by documentation regarding the quantitative and
qualitative measures validating each project's consistency with the policy
objectives described in paragraph (I). All projects nominated to the
commission for funds from this account shall be included in a regional
transportation plan.
(6) After review of the project nominations, and supporting
documentation, the commission, by no later than March 1, 2007, shall
adopt an initial program of projects to be funded from the account. This
program may be updated every two years in conjunction with the biennial
process for adoption of the state transportation improvement program
pursuant to guidelines adopted by the commission. The inclusion of a
project in the program shall be based on a demonstration that the project
meets all of the following criteria:
(A) Is a high-priority project in the corridor as demonstrated by
either of the following: (t) its inclusion in the list of nominated projects
by both the department pursuant to paragraph (3) and the regional
transportation planning agency or county transportation commission or
authority, pursuant to paragraph (4); or (II) if needed to fully fund the
project, the identification and commitment of supplemental funding to the
project from other state, local, or federal funds.
(B) Can commence construction or implementation no later than
December 31, 2012.
(C) Improves mobility in a high-congestion corridor by improving
travel times or reducing the number of daily vehicle hours of delay,
improves the connectivity of the state highway system between rural,
suburban, and urban areas, or improves the operation or safety of a
highway or road segment.
(D) Improves access to jobs, housing, markets, and commerce.
(7) Where competing projects offer similar mobility improvements to
a specific corridor, the commission shall consider additional benefits when
determining which project shall be included in the program for funding.
These benefits shall include, but are not limited to, the following:
(A) A finding that the project provides quantifiable air quality
benefits.
(B) A finding that the project substantially increases the safety for
travelers in the corridor.
(8) In adopting a program for funding pursuant to this subdivision,
the commission shall make a finding that the program is (i) geographically
balanced, consistent with the geographic split for funding described
in Section 188 of the Streets and Highways Code; (ii) provides mobility
improvements in highly traveled or highly congested corridors in all
regions of California; and (iii) targets bond proceeds in a manner that
provides the increment of funding necessary, when combined with other
state, local or federal funds, to provide the mobility benefit in the earliest
possible timeframe.
(9) The commission shall include in its annual report to the
Legislature, required by Section 14535, a summary of its activities related
to the administration of this program. The summary should, at a minimum,
include a description and the location of the projects contained in the
program, the amount offunds allocated to each project, the status of each
project, and a description of the mobility improvements the program is
achieving.
(b) One billion dollars ($1,000,000,000) shall be made available,
upon appropriation in the annual Budget Bill by the Legislature, to
the department for improvements to State Route 99. Funds may be
used for safety, operational enhancements, rehabilitation, or capacity
improvements necessary to improve the State Route 99 corridor traversing
approximately 400 miles of the central valley of this state.
(c) Three billion one hundred million dollars ($3,100,000,000)
shall be deposited in the California Ports Infrastructure, Security, and
Air Quality Improvement Account, which is hereby created in the fund.
The money in the account shall be available, upon appropriation by the
Legislature and subject to such conditions and criteria as the Legislature
may provide by statute, as follows:
(I) (A) Two billion dollars ($2,000,000,000) shall be transferred
to the Trade Corridors Improvement Fund, which is hereby created. The
money in this fund shall be available, upon appropriation in the annual
Budget Bill by the Legislature and subject to such conditions and criteria
as the Legislature may provide by statute, for allocation by the California
Transportation Commission for infrastructure improvements along
federally designated "Trade Corridors of National Significance" in this
state or along other corridors within this state that have a high volume
of freight movement, as determined by the commission. In determining
projects eligible for funding, the commission shall consult the trade
infrastructure and goods movement plan submitted to the commission
by the Secretary of Business, Transportation and Housing and the
Secretary for Environmental Protection. No moneys shall be allocated
from this fund until the report is submitted to the commission for its
consideration, provided the report is submitted no later than January 1,
2007. The commission shall also consult trade infrastructure and goods
movement plans adopted by regional transportation planning agencies,
adopted regional transportation plans required by state and federal law,
and the statewide port master plan prepared by the California Marine
and Intermodal Transportation System Advisory Council (Cal-MITSAC)
pursuant to Section 1760 of the Harbors and Navigation Code, when
determining eligible projects for funding. Eligible projects for these funds
include, but are not limited to, all of the following:
N Highway capacity improvements and operational improvements
to more efficiently accommodate the movement offreight, particularly for
ingress and egress to and from the state's seaports, including navigable
inland waterways used to transport freight between seaports, land ports of
entry, and airports, and to relieve traffic congestion along major trade or
goods movement corridors.
(ii) Freight rail system improvements to enhance the ability to move
goods from seaports, land ports of entry, and airports to warehousing and
distribution centers throughout California, including projects that separate
rail lines from highway or local road traffic, improve freight rail mobility
through mountainous regions, relocate rail switching yards, and other
* * * Text of Proposed Laws 1 115TEXT OF PROPOSED LAWS * * *
1 B
projects that improve the efficiency and capacity of the rail freight system.
WO Projects to enhance the capacity and efficiency of ports.
(iv) Truck corridor improvements, including dedicated truck
facilities or truck toll facilities.
(v) Border access improvements that enhance goods movement
between California and Mexico and that maximize the state's ability to
access coordinated border infrastructure funds made available to the
state by federal law.
(vi) Surface transportation improvements to facilitate the movement
of goods to and from the state's airports.
(B) The commission shall allocate funds for trade infrastructure
improvements from the account in a manner that (i) addresses the state's
most urgent needs, (ii) balances the demands of various ports (between
large and small ports, as well as between seaports, airports, and land
ports of entry), (iii) provides reasonable geographic balance between the
state's regions, and (iv) places emphasis on projects that improve trade
corridor mobility while reducing emissions of diesel particulate and other
pollutant emissions. In addition, the commission shall also consider the
following factors when allocating these funds:
(i) "Velocity," which means the speed by which large cargo would
travel from the port through the distribution system.
(ii) "Throughput," which means the volume of cargo that would
move from the port through the distribution system.
(iii) "Reliability," which means a reasonably consistent and
predictable amount of time for cargo to travel from one point to another
on any given day or at any given time in California.
(iv) "Congestion reduction," which means the reduction in
recurrent daily hours of delay to be achieved.
(C) The commission shall allocate funds made available by this
paragraph to projects that have identified and committed supplemental
funding from appropriate local, federal or private sources. The commission
shall determine the appropriate amount of supplemental funding each
project should have to be eligible for moneys from this fund based on
a project-by-project review and an assessment of the project's benefit
to the state and the program. Except for border access improvements
described in clause (v) of subparagraph (A), improvements funded with
moneys from this fund shall have supplemental funding that is at least
equal to the amount of the contribution from the fund. The commission
may give priority for funding to projects with higher levels of committed
supplemental funding.
(D) The commission shall include in its annual report to the
Legislature, required by Section 14535, a summary of its activities related
to the administration of this program. The summary should, at a minimum,
include a description and the location of the projects contained in the
program, the amount offunds allocated to each project, the status of each
project, and a description of the mobility and air quality improvements
the program is achieving.
(2) One billion dollars ($1,000,000,000) shall be made available,
upon appropriation by the Legislature and subject to such conditions and
criteria contained in a statute enacted by the Legislature, to the State Air
Resources Board for emission reductions, not otherwise required by law
or regulation, from activities related to the movement of freight along
California's trade corridors. Funds made available by this paragraph
are intended to supplement existing funds used to finance strategies and
public benefit projects that reduce emissions and improve air quality in
trade corridors commencing at the state's airports, seaports, and land
ports of entry.
(3) One hundred million dollars ($100,000,000) shall be available,
upon appropriation by the Legislature, to the Office of Emergency
Services to be allocated, as grants, for port, harbor, and ferry terminal
security improvements. Eligible applicants shall be publicly owned
ports, harbors, and ferryboat and ferry terminal operators, which may
submit applications for projects that include, but are not limited to, the
following:
(A) Video surveillance equipment.
(B) Explosives detection technology, including, but not limited to,
X-ray devices.
(C) Cargo scanners.
(D) Radiation monitors.
116 I Text of Proposed Laws* * *
(E) Thermal protective equipment.
(F) Site identification instruments capable ofproviding afingerprint
for a broad inventory of chemical agents.
(G) Other devices capable of detecting weapons of mass destruction
using chemical, biological, or other similar substances.
(H) Other security equipment to assist in any of the following:
(i) Screening of incoming vessels, trucks, and incoming or outbound
cargo.
(ii) Monitoring the physical perimeters of harbors, ports, and ferry
terminals.
(iit) Providing or augmenting onsite emergency response
capability.
(I) Overweight cargo detection equipment, including, but not
limited to, intermodal crane scales and truck weight scales.
(J) Developing disaster preparedness or emergency response
plans.
The Office of Emergency Services shall report to the Legislature on
March I of each year on the manner in which the funds available pursuant
to this paragraph were expended for that fiscal year.
(d) Two hundred million dollars ($200,000,000) shall be available,
upon appropriation by the Legislature, for schoolbus retrofit and
replacement to reduce air pollution and to reduce children's exposure to
diesel exhaust.
(e) Two billion dollars ($2,000,000,000) shall be available for
projects in the state transportation improvement program, to augment funds
otherwise available for this purposefrom other sources. The funds provided
by this subdivision shall be deposited in the Transportation Facilities
Account which is hereby created in the fund, and shall be available, upon
appropriation by the Legislature, to the Department of Transportation, as
allocated by the California Transportation Commission in the same manner
as funds allocated for those projects under existing law.
(f) (I) Four billion dollars ($4,000,000,000) shall be deposited
in the Public Transportation Modernization, Improvement, and Service
Enhancement Account, which is hereby created in the fund. Funds in the
account shall be made available, upon appropriation by the Legislature,
to the Department of Transportation for intercity rail projects and to
commuter or urban rail operators, bus operators, waterborne transit
operators, and other transit operators in California for rehabilitation,
safety or modernization improvements, capital service enhancements or
expansions, new capital projects, bus rapid transit improvements, or for
rolling stock procurement, rehabilitation, or replacement.
(2) Of the funds made available in paragraph (1), four hundred
million dollars ($400,000,000) shall be available, upon appropriation by
the Legislature, to the department for intercity rail improvements, of which
one hundred twenty-five million dollars ($125,000,000) shall be used for
the procurement of additional intercity railcars and locomotives.
(3) Of the funds remaining after the allocations in paragraph (2),
50 percent shall be distributed to the Controller, for allocation to eligible
agencies using the formula in Section 99314 of the Public Utilities Code,
and 50 percent shall be distributed to the Controller, for allocation to
eligible agencies using the formula in Section 99313 of the Public Utilities
Code, subject to the provisions governing funds allocated under those
sections.
(g) One billion dollars ($1,000,000,000) shall be deposited in the
State-Local Partnership Program Account, which is hereby created in the
fund. The funds shall be available, upon appropriation by the Legislature
and subject to such conditions and criteria as the Legislature may provide
by statute, for allocation by the California Transportation Commission
over a five-year period to eligible transportation projects nominated by an
applicant transportation agency. A dollar for dollar match of local funds
shall be required for an applicant transportation agency to receive state
funds under this program.
(h) One billion dollars ($1,000,000,000) shall be deposited in the
Transit System Safety, Security, and Disaster Response Account, which is
hereby created in the fund. Funds in the account shall be made available,
upon appropriation by the Legislature and subject to such conditions and
criteria as the Legislature may provide by statute, for capital projects
that provide increased protection against a security and safety threat,
and for capital expenditures to increase the capacity of transit operators,
including waterborne transit operators, to develop disaster response
1.5(PROPOSITION 1B CONTINUED)
*** TEXT OF PROPOSED LAWS
transportation systems that can move people, goods, and emergency
personnel and equipment in the aftermath of a disaster impairing the
mobility of goods, people, and equipment.
(1) One hundred twenty-five million dollars ($125,000,000) shall
be deposited in the Local Bridge Seismic Retrofit Account, which is
hereby created in the fund. The funds in the account shall be used, upon
appropriation by the Legislature, to provide the 11.5 percent required
match for federal Highway Bridge Replacement and Repair funds available
to the state for seismic work on local bridges, ramps, and overpasses, as
identified by the Department of Transportation.
(i) (1) Two hundred fifty million dollars ($250,000,000) shall be
deposited in the Highway-Railroad Crossing Safety Account, which is
hereby created in the fund. Funds in the account shall be available, upon
appropriation by the Legislature, to the Department of Transportation for
the completion of high-priority grade separation and railroad crossing
safety improvements. Funds in the account shall be made available for
allocation pursuant to the process established in Chapter 10 (commencing
with Section 2450) of Division 3 of the Streets and Highways Code, except
that a dollar for dollar match of nonstate funds shall be provided for each
project, and the limitation on maximum project cost in subdivision (g) of
Section 2454 of the Streets and Highways Code shall not be applicable to
projects funded with these funds.
(2) Notwithstanding the funding allocation process described in
paragraph (I), in consultation with the department and the Public Utilities
Commission, the California Transportation Commission shall allocate
one hundred million dollars ($100,000,000) of the funds in the account to
high-priority railroad crossing improvements, including grade separation
projects, that are not part of the process established in Chapter 10
(commencing with Section 2450) of Division 3 of the Streets and Highways
Code. The allocation of funds under this paragraph shall be made in
consultation and coordination with the High-Speed Rail Authority created
pursuant to Division 19.5 (commencing with Section 185000) of the Public
Utilities Code.
(k) (I) Seven hundred fifty million dollars ($750,000,000) shall
be deposited in the Highway Safety, Rehabilitation, and Preservation
Account, which is hereby created in the fund. Funds in the account shall be
available, upon appropriation by the Legislature, to the Department of
Transportation, as allocated by the California Transportation Commission,
for the purposes of the state highway operation and protection program as
described in Section 14526.5.
(2) The department shall develop a program for distribution of two
hundred and
fifty
million dollars ($250,000,000) from the funds identified
in paragraph (I) to fund traffic light synchronization projects or other
technology-based improvements to improve safety, operations and the
effective capacity of local streets and roads.
(1) (I) 7Wo billion dollars ($2,000,000,000) shall be deposited in
the Local Streets and Road Improvement, Congestion Relief and Traffic
Safety Account of 2006, which is hereby created in the fund. The proceeds
of bonds deposited into that account shall be available, upon appropriation
by the Legislature, for the purposes specified in this subdivision to the
Controller for administration and allocation in the fiscal year in which the
bonds are issued and sold, including any interest or other return earned on
the investment of those moneys, in the following manner:
(A) Fifty percent to the counties, including a city and county, in
accordance with the following formulas:
(i) Seventy-five percent of the funds payable under this subparagraph
shall be apportioned among the counties in the proportion that the number
offee-paid and exempt vehicles that are registered in the county bears to
the number offee-paid and exempt vehicles registered in the state.
(ii) Twenty-five percent of thefunds payable under this subparagraph
shall be apportioned among the counties in the proportion that the number
of miles of maintained county roads in each county bears to the total
number of miles of maintained county roads in the state. For the purposes
of apportioning funds under this clause, any roads within the boundaries
of a city and county that are not state highways shall be deemed to be
county roads.
(B) Fifty percent to the cities, including a city and county,
apportioned among the cities in the proportion that the total population of
the city bears to the total population of all the cities in the state, provided,
however, that the Controller shall allocate a minimum of four hundred
thousand dollars ($400,000) to each city, pursuant to this subparagraph.
(2) Funds received under this subdivision shall be deposited as follows
in order to avoid the commingling of those funds with other local funds:
(A) In the case of a city, into the city account that is designated for
the receipt of state funds allocated for local streets and roads.
(B) In the case of an eligible county, into the county road fund.
(C) In the case of a city and county, into a local account that is
designated for the receipt of state funds allocated for local streets and
roads.
(3) For the purpose of allocating funds under this subdivision
to cities and a city and county, the Controller shall use the most recent
population estimates prepared by the Demographic Research Unit of the
Department of Finance. For a city that incorporated after January I, 1998,
that does not appear on the most recent population estimates prepared by
the Demographic Research Unit, the Controller shall use the population
determined for that city under Section 11005.3 of the Revenue and Taxation
Code.
(4) Funds apportioned to a city, county, or city and county under this
subdivision shall be used for improvements to transportation facilities that
will assist in reducing local traffic congestion and further deterioration,
improving traffic flows, or increasing traffic safety that may include, but
not be limited to, street and highway pavement maintenance, rehabilitation,
installation, construction and reconstruction of necessary associated
facilities such as drainage and traffic control devices, or the maintenance,
rehabilitation, installation, construction and reconstruction of facilities
that expand ridership on transit systems, safety projects to reduce
fatalities, or as a local match to obtain state or federal transportation
funds for similar purposes.
(5) At the conclusion of each fiscal year during which a city or county
expends the funds it has received under this subdivision, the Controller
may verify the city's or county's compliance with paragraph (4). Any city
or county that has not complied with paragraph (4) shall reimburse the
state for the funds it received during that fiscal year. Any funds withheld
or returned as a result of a failure to comply with paragraph (4) shall
be reallocated to the other counties and cities whose expenditures are in
compliance.
Article 3. Fiscal Provisions
8879.25. Bonds in the total amount of nineteen billion nine hundred
twenty-five million dollars ($19,925,000,000), exclusive of refunding
bonds, or so much thereof as is necessary, are hereby authorized to be
issued and sold for carrying out the purposes expressed in this chapter
and to reimburse the General Obligation Bond Expense Revolving Fund
pursuant to Section 16724.5. All bonds herein authorized which have
been duly sold and delivered as provided herein shall constitute valid and
legally binding general obligations of the state, and the full faith and credit
of the state is hereby pledged for the punctual payment of both principal
and interest thereof
8879.26. The bonds authorized by this chapter shall be prepared,
executed, issued, sold, paid, and redeemed as provided in the State General
Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part
3 of Division 4), except subdivision (a) of Section 16727 to the extent that
subdivision is inconsistent with this chapter, and all of the other provisions
of that law as amended from time to time apply to the bonds and to this
chapter and are hereby incorporated in this chapter as though set forth in
full in this chapter.
8879.27 (a) Solely for the purpose of authorizing the issuance and
sale, pursuant to the State General Obligation Bond Law, of the bonds
authorized by this chapter, the Highway Safety, Traffic Reduction, Air
Quality, and Port Security Committee is hereby created. For the purposes
of this chapter, the Highway Safety, Traffic Reduction, Air Quality, and
Port Security Committee is "the committee" as that term is used in the State
General Obligation Bond Law. The committee consists of the Treasurer,
the Controller, the Director of Finance, and the Secretary of the Business,
Transportation and Housing Agency, or a designated representative of
each of those officials. The Treasurer shall serve as the chairperson of the
committee. A majority of the committee may act for the committee.
(b) The committee may adopt guidelines establishing requirements
for administration of its financing programs to the extent necessary to
protect the validity of and tax exemption for, interest on the bonds. The
guidelines shall not constitute rules, regulations, orders, or standards of
general application.
Li
* * * Text of Proposed Laws I 117TEXT OF PROPOSED LAWS * **
(c) For the purposes of the State General Obligation Bond Law, any
department receiving an allocation pursuant to this chapter is designated
to be the "board."
8879.28. Upon request of the board stating that funds are needed
for purposes of this chapter, the committee shall determine whether or
not it is necessary or desirable to issue bonds authorized pursuant to this
chapter in order to carry out the actions spec fled in Section 8879.23, and,
if so, the amount of bonds to be issued and sold. Successive issues of bonds
may be authorized and sold to carry out those actions progressively, and
are not required to be sold at any one time. Bonds may bear interest subject
to federal income tax.
8879.29. There shall be collected annually, in the same manner and
at the same time as other state revenue is collected, a sum of money in
addition to the ordinary revenues of the state, sufficient to pay the principal
of and interest on, the bonds as provided herein, and all officers required
by law to perform any duty in regard to the collections of state revenues
shall collect that additional sum.
8879.30. Notwithstanding Section 13340, there is hereby
appropriated from the General Fund in the State Treasury, for the purposes
of this chapter, an amount that will equal the total of the following:
(a) The sum annually necessary to pay the principal of and interest
on, bonds issued and sold pursuant to this chapter, as the principal and
interest become due and payable.
(b) The sum which is necessary to carry out Section 8879.32,
appropriated without regard to fiscal years.
8879.31. The board may request the Pooled Money Investment
Board to make a loan from the Pooled Money Investment Account, in
accordance with Section 16312, for purposes of this chapter. The amount
of the request shall not exceed the amount of the unsold bonds which
the committee has, by resolution, authorized to be sold for the purpose
of this chapter, less any amount withdrawn pursuant to Section 8879.32.
The board shall execute any documents as required by the Pooled Money
Investment Board to obtain and repay the loan. Any amount loaned shall
be deposited in the fund to be allocated in accordance with this chapter.
8879.32. For the purpose of carrying out this chapter, the Director of
Finance may, by executive order, authorize the withdrawal from the General
Fund of any amount or amounts not to exceed the amount of the unsold bonds
which the committee has, by resolution, authorized to be sold for the purpose
of carrying out this chapter. Any amounts withdrawn shall be deposited in
the Highway Safety, Thaffic Reduction, Air Quality, and Port Security Fund
of 2006. Any money made available under this section shall be returned to
the General Fund, plus the interest that the amounts would have earned in
the Pooled Money Investment Account, from money received from the sale of
bonds which would otherwise be deposited in that fund.
8879.33. The bonds may be refunded in accordance with Article 6
(commencing with Section 16780) of the State General Obligation Bond Law.
Approval by the electors of this act shall constitute approval of any refunding
bonds issued pursuant to the State General Obligation Bond Law.
8879.34. Notwithstanding any provisions in the State General
Obligation Bond Law, the maximum maturity of any bonds authorized by
this chapter shall not exceed 30 years from the date of each respective series.
The maturity of each series shall be calculated from the date of each series.
8879.35. The Legislature hereby finds and declares that, inasmuch
as the proceeds from the sale of bonds authorized by this chapter are not
"proceeds of taxes" as that term is used in Article XIII B of the California
Constitution, the disbursement of these proceeds is not subject to the
limitations imposed by that article.
8879.36. Notwithstanding any provision of the State General
Obligation Bond Law with regard to the proceeds from the sale of bonds
authorized by this chapter that are subject to investment under Article 4
(commencing with Section 16470) of Chapter 3 of Part 2 of Division 4,
the Treasurer may maintain a separate account for investment earnings,
order the payment of those earnings to comply with any rebate requirement
applicable under federal law, and may otherwise direct the use and
investment of those proceeds so as to maintain the tax-exempt status of
those bonds and to obtain any other advantage under federal law on behalf
of the funds of this state.
8879.3Z All money derived from premium and accrued interest on
bonds sold pursuant to this chapter shall be transferred to the General
Fund as a credit to expenditures for bond interest.
PROPOSITION 1C
This law proposed by Senate Bill 1689 of the 2005-2006 Regular
Session (Chapter 27, Statutes of 2006) is submitted to the people
in accordance with the provisions of Article XVI of the California
Constitution.
This proposed law adds sections to the Health and Safety Code;
therefore, new provisions proposed to be added are printed in italic type to
indicate that they are new.
PROPOSED LAW
SEC. 2. Part 12 (commencing with Section 53540) is added to
Division 31 of the Health and Safety Code, to read:
PART 12. HOUSING AND EMERGENCY SHELTER
TRUST FUND ACT OF 2006
CHAPTER 1. GENERAL PROVISIONS
53540. (a) This part shall be known as the Housing and Emergency
Shelter Trust Fund Act of 2006.
(b) This part shall only become operative upon adoption by the
voters at the November Z 2006, statewide general election.
53541. As used in this part, the following terms have the following
meanings:
(a) "Board" means the Department of Housing and Community
Development for programs administered by the department, and the
California Housing Finance Agency for programs administered by the
agency.
(b) "Committee" means the Housing Finance Committee created
pursuant to Section 53524 and continued in existence pursuant to Section
53548.
(c) "Fund" means the Housing and Emergency Shelter Trust Fund
created pursuant to Section 53545.
CHAPTER 2. HOUSING AND EMERGENCY SHELTER
TRUST FUND OF 2006 AND PROGRAM
53545. The Housing and Emergency Shelter Trust Fund of 2006
is hereby created in the State Treasury. The Legislature intends that the
proceeds of bonds deposited in the fund shall be used to fund the housing-
related programs described in this chapter over the course of the next
decade. The proceeds of bonds issued and sold pursuant to this part for
the purposes specified in this chapter shall be allocated in the following
manner:
(a) (I) One billion five hundred million dollars ($1,500,000,000) to
be deposited in the Affordable Housing Account, which is hereby created
in the fund. Notwithstanding Section 13340 of the Government Code, the
money in the account shall be continuously appropriated in accordance
with the following schedule:
(A) (0 Three hundred forty-five million dollars ($345,000,000) shall
be transferred to the Housing Rehabilitation Loan Fund to be expended for
the Multifamily Housing Program authorized by Chapter 6.7 (commencing
with Section 50675) of Part 2. The priorities specified in Section 50675.13
shall apply to the expenditure of funds pursuant to this clause.
(ii) Fifty million dollars ($50,000,000) shall be transferred to the
Housing Rehabilitation Loan Fund to be expended under the Multifamily
Housing Program authorized by Chapter 6.7 (commencing with Section
50675) of Part 2 for housing meeting the definitions in paragraphs (2)
and (3) of subdivision (e) of Section 11139.3 of the Government Code.
The department may provide higher per-unit loan limits as necessary to
achieve affordable housing costs to the target population. Any funds not
encumbered for the purposes of this clause within 30 months of availability
shall revert for general use in the Multifamily Housing Program.
(B) One hundred ninety-five million dollars ($195,000,000) shall
be transferred to the Housing Rehabilitation Loan Fund to be expended
for the Multifamily Housing Program authorized by Chapter 6.7
1 1 8 I Text of Proposed Laws ** *
15(PROPOSITION IC CONTINUED)
***TEXT OF PROPOSED LAWS
(commencing with Section 50675) of Part 2, to be used for supportive
housing for individuals and households moving from emergency shelters
or transitional housing or those at risk of homelessness. The Department
of Housing and Community Development shall provide for higher per-unit
loan limits as reasonably necessary to achieve housing costs affordable
to those individuals and households. For purposes of this subparagraph,
"supportive housing" means housing with no limit on length of stay, that is
occupied by the target population, as defined in subdivision (d) of Section
53260, and that is linked to onsite or offsite services that assist the tenant
to retain the housing, improve his or her health status, maximize his or her
ability to live, and, when possible, work in the community. The criteria for
selecting projects shall give priority to:
(i) Supportive housing for people with disabilities who would
otherwise be at high risk of homelessness where the applications
represent collaboration with programs that meet the needs of the person's
disabilities.
(it) Projects that demonstrate funding commitments from local
governments for operating subsidies or services funding, or both, for five
years or longer.
(C) One hundred thirty-five million dollars ($135,000,000) shall be
transferred to the fund created by subdivision (b) of Section 50517.5 to be
expended for the programs authorized by Chapter 3.2 (commencing with
Section 50517.5) of Part 2.
(D) Three hundred million dollars ($300,000,000) shall be
transferred to the Self-Help Housing Fund created by Section 50697.1.
These funds shall be available to the Department of Housing and
Community Development, to be expended for the purposes of enabling
households to become or remain homeowners pursuant to the CalHome
Program authorized by Chapter 6 (commencing with Section 50650)
of Part 2, except ten million dollars ($10,000,000) shall be expended
for construction management under the California Self-Help Housing
Program pursuant to subdivision (b) of Section 50696.
(E) No hundred million dollars ($200,000,000) shall be transferred
to the Self-Help Housing Fund created by Section 506971. Thesefunds shall
be available to the California Housing Finance Agency, to be expended
for the purposes of the California Homebuyer's Downpayment Assistance
Program authorized by Chapter 11 (commencing with Section 51500) of
Part 3. Up to one hundred million dollars ($100,000,000) of these funds
may be expended pursuant to subdivision (b) of Section 51504.
(F) One hundred million dollars ($100,000,000) shall be transferred
to the Affordable Housing Innovation Fund, which is hereby created in
the State Treasury, to be administered by the Department of Housing
and Community Development. Funds shall be expended for competitive
grants or loans to sponsoring entities that develop, own, lend, or invest
in affordable housing and used to create pilot programs to demonstrate
innovative, cost-saving approaches to creating or preserving affordable
housing. Specific criteria establishing eligibility for and use of the funds
shall be established in statute as approved by a 2/3 vote of each house of
the Legislature. Anyfunds not encumbered for the purposes set forth in this
subparagraph within 30 months of availability shall revert to the Self-Help
Housing Fund created by Section 50697.1 and shall be available for the
purposes described in subparagraph (D).
(G) One hundred twenty-five million dollars ($125,000,000) shall
be transferred to the Building Equity and Growth in Neighborhoods
Fund to be used for the Building Equity and Growth in Neighborhoods
(BEGIN) Program pursuant to Chapter 14.5 (commencing with Section
50860) of Part 1. Any funds not encumbered for the purposes set forth in
this subparagraph within 30 months of availability shall revert for general
use in the Ca/Home Program.
(H) Fifty million dollars ($50,000,000) shall be transferred to the
Emergency Housing and Assistance Fund to be distributed in the form of
capital development grants under the Emergency Housing and Assistance
Program authorized by Chapter 11.5 (commencing with Section 50800) of
Part 2 of Division 31. The funds shall be administered by the Department
of Housing and Community Development in a manner consistent with the
restrictions and authorizations contained in Provision 3 of Item 2240-105-
0001 of the Budget Act of 2000, except that any appropriations in that
item shall not apply. The competitive system used by the department shall
incorporate priorities set by the designated local boards and their input as
to the relative merits of submitted applications from within the designated
local board's county in relation to those priorities. In addition, thefunding
ILD
limitations contained in this section shall not apply to the appropriation
in that budget item.
(2) The Legislature may, from time to time, amend the provisions
of law related to programs to which funds are, or have been, allocated
pursuant to this subdivision for the purpose of improving the efficiency
and effectiveness of the program, or for the purpose offurthering the goals
of the program.
(3) The Bureau of State Audits shall conduct periodic audits to
ensure that bond proceeds are awarded in a timelyfash ion and in a manner
consistent with the requirements of this subdivision, and that awardees of
bond proceeds are using funds in compliance with applicable provisions of
this subdivision. The first audit shall be conducted no later than one year
from voter approval of this part.
(4)In its annual report to the Legislature, the Department of
Housing and Community Development shall report how funds that were
made available pursuant to this subdivision and allocated in the prior year
were expended. The department shall make the report available to the
public on its Internet Web site.
(b) Eight hundred fifty million dollars ($850,000,000) shall
be deposited in the Regional Planning, Housing, and lnfill Incentive
Account, which is hereby created in the fund. Funds in the account shall
be available, upon appropriation by the Legislature, and subject to such
other conditions and criteria as the Legislature may provide in statute, for
the following purposes:
(I) For infill incentive grants for capital outlay related to infill
housing development and other related infill development, including, but
not limited to, all of the following:
(A)No more than two hundred million dollars ($200,000,000)
for park creation, development, or rehabilitation to encourage infill
development.
(B) Water, sewer, or other public infrastructure costs associated
with infill development.
(C) Transportation improvements related to infill development
projects.
(D) Traffic mitigation.
(2) For brownfield cleanup that promotes infill housing development
and other related infill development consistent with regional and local
plans.
(c) Three hundred million dollars ($300,000,000) to be deposited
in the Transit-Oriented Development Account, which is hereby created in
the fund, for transfer to the Transit-Oriented Development Implementation
Fund, for expenditure, upon appropriation by the Legislature, pursuant to
the Transit-Oriented Development Implementation Program authorized by
Part 13 (commencing with Section 50560).
(d) Two hundred million dollars ($200,000,000) shall be deposited
in the Housing Urban-Suburban-and-Rural Parks Account, which is
hereby created in the fund. Funds in the account shall be available upon
appropriation by the Legislature for housing-related parks grants in
urban, suburban, and rural areas, subject to the conditions and criteria
that the Legislature may provide in statute.
CHAPTER 3. FISCAL PROVISIONS
53546. Bonds in the total amount of two billion eight hundred fifty
million dollars ($2,850,000,000), exclusive of refunding bonds, or so much
thereof as is necessary, are hereby authorized to be issued and sold for
carrying out the purposes expressed in this part and to reimburse the
General Obligation Bond Expense Revolving Fund pursuant to Section
16724.5 of the Government Code. All bonds herein authorized which have
been duly sold and delivered as provided herein shall constitute valid and
legally binding general obligations of the state, and the full faith and credit
of the state is hereby pledged for the punctual payment of both principal
and interest thereof
53547. The bonds authorized by this part shall be prepared,
executed, issued, sold, paid, and redeemed as provided in the State General
Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part
3 of Division 4), except subdivision (a) of Section 16727 to the extent that
it is inconsistent with this part, and all of the other provisions of that law
as amended from time to time apply to the bonds and to this part and are
hereby incorporated in this part as though set forth in full in this part.
53548. (a) Solely for the purpose of authorizing the issuance and
* **Text of Proposed Laws I 119TEXT OF PROPOSED LAWS * * *
sale, pursuant to the State General Obligation Bond Law, of the bonds
authorized by this part, the Housing Finance Committee created pursuant
to Section 53524 is continued in existence. For the purposes of this part,
the Housing Finance Committee is "the committee" as that term is used in
the State General Obligation Bond Law.
(b) The committee may adopt guidelines establishing requirements
for administration of its financing programs to the extent necessary to
protect the validity of and tax exemption for, interest on the bonds. The
guidelines shall not constitute rules, regulations, orders, or standards of
general application and are not subject to Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(c) For the purposes of the State General Obligation Bond Law, the
Department of Housing and Community Development is designated the
"board" for programs administered by the department, and the California
Housing Finance Agency is the "board" for programs administered by
the agency.
53549. Upon request of the board stating that funds are needed for
purposes of this part, the committee shall determine whether or not it is
necessary or desirable to issue bonds authorized pursuant to this part in
order to carry out the actions specified in Section 53545, and, i [so, the
amount of bonds to be issued and sold. Successive issues of bonds may be
authorized and sold to carry out those actions progressively, and are not
required to be sold at any one time. Bonds may bear interest subject to
federal income tax.
53550. There shall be collected annually, in the same manner and
at the same time as other state revenue is collected, a sum of money in
addition to the ordinary revenues of the state, sufficient to pay the principal
of and interest on, the bonds as provided herein, and all officers required
by law to perform any duty in regard to the collections of state revenues
shall collect that additional sum.
53551. Notwithstanding Section 13340 of the Government Code,
there is hereby appropriated from the General Fund in the State Treasury,
for the purposes of this part, an amount that will equal the total of the
following:
(a) The sum annually necessary to pay the principal of and interest
on, bonds issued and sold pursuant to this part, as the principal and
interest become due and payable.
(b) The sum which is necessary to carry out Section 53553,
appropriated without regard to fiscal years.
53552. The board may request the Pooled Money Investment Board
to make a loan from the Pooled Money Investment Account, in accordance
with Section 16312 of the Government Code, for purposes of this part. The
amount ofthe request shall not exceed the amount of the unsold bonds which
the committee has, by resolution, authorized to be sold for the purpose of
this part, less any amount withdrawn pursuant to Section 53553. The board
shall execute any documents as required by the Pooled Money Investment
Board to obtain and repay the loan. Any amount loaned shall be deposited
in the fund to be allocated in accordance with this part.
53553. For the purpose of carrying out this part, the Director
of Finance may, by executive order, authorize the withdrawal from the
General Fund of any amount or amounts not to exceed the amount of the
unsold bonds which the committee has, by resolution, authorized to be sold
for the purpose of carrying out this part. Any amounts withdrawn shall be
deposited in the fund. Any money made available under this section shall be
returned to the General Fund, plus the interest that the amounts would have
earned in the Pooled Money Investment Account, from money received from
the sale of bonds which would otherwise be deposited in that fund.
53554. The bonds may be refunded in accordance with Article 6
(commencing with Section 16780) of the State General Obligation Bond Law.
Approval by the electors of this act shall constitute approval of any refunding
bonds issued pursuant to the State General Obligation Bond Law.
53555. Notwithstanding any provisions in the State General
Obligation Bond Law, the maximum maturity of any bonds authorized
by this part shall not exceed 30 years from the date of each respective
series. The maturity of each series shall be calculated from the date of
each series.
53556. The Legislature hereby finds and declares that, inasmuch
as the proceeds from the sale of bonds authorized by this part are not
"proceeds of taxes" as that term is used in Article XIII B of the California
Constitution, the disbursement of these proceeds is not subject to the
limitations imposed by that article.
120 I Text of Proposed Laws * * *
5355Z Notwithstanding any provision of the State General
Obligation Bond Law with regard to the proceeds from the sale of bonds
authorized by this part that are subject to investment under Article 4
(commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of
Title 2 of the Government Code, the Treasurer may maintain a separate
account for investment earnings, order the payment of those earnings to
comply with any rebate requirement applicable under federal law, and may
otherwise direct the use and investment of those proceeds so as to maintain
the tax-exempt status of those bonds and to obtain any other advantage
under federal law on behalf of the funds of this state.
53558. All money derived from premium and accrued interest on
bonds sold pursuant to this chapter shall be transferred to the General
Fund as a credit to expenditures for bond interest.
PROPOSITION 1D
This law proposed by Assembly Bill 127 of the 2005-2006 Regular
Session (Chapter 35, Statutes of 2006) is submitted to the people
in accordance with the provisions of Article XVI of the California
Constitution.
This proposed law adds sections to the Education Code; therefore,
new provisions proposed to be added are printed in italic type to indicate
that they are new.
PROPOSED LAW
SEC. 16. Part 69 (commencing with Section 101000) is added to the
Education Code, to read:
PART 69. KINDERGARTEN—UNIVERSITY PUBLIC EDUCATION
FACILITIES BOND ACT OF 2006
CHAPTER 1. GENERAL
101000. This part shall be known and may be cited as the
Kindergarten—University Public Education Facilities Bond Act of 2006.
101001. The incorporation of or reference to, any provision of
California statutory law in this part includes all acts amendatory thereof
and supplementary thereto.
101002. (a) Bonds in the total amount of ten billion four hundred
sixteen million dollars ($10,416,000,000), not including the amount of any
refunding bonds issued in accordance with Sections 101030, 101039, and
101059, or so much thereof as is necessary, may be issued and sold to
provide a fund to be used for carrying out the purposes expressed in this
part and to reimburse the General Obligation Bond Expense Revolving
Fund pursuant to Section 16724.5 of the Government Code. The bonds,
when sold, shall be and constitute a valid and binding obligation of the
State of California, and the full faith and credit of the State of California is
hereby pledged for the punctual payment of the principal of and interest
on, the bonds as the principal and interest become due and payable.
(b) Pursuant to this section, the Treasurer shall sell the bonds
authorized by the State School Building Finance Committee established
by Section 15909 or the Higher Education Facilities Finance Committee
established pursuant to Section 67353, as the case may be, at any different
times necessary to service expenditures required by the apportionments.
CHAPTER 2. KINDERGARTEN THROUGH 12TH GRADE
Article I. Kindergarten Through 12th Grade School
Facilities Program Provisions
101010. The proceeds of bonds issued and sold pursuant to Article
2 (commencing with Section 101020) shall be deposited in the 2006 State
School Facilities Fund established in the State Treasury under subdivision
(d) of Section 17070.40 and shall be allocated by the State Allocation
Board pursuant to this chapter.
101011. All moneys deposited in the 2006 State School Facilities
Fund for the purposes of this chapter shall be available to provide aid
to school districts, county superintendents of schools, and county boards
of education of the state in accordance with the Leroy F. Greene School
Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10)
of Part 10), as set forth in Section 101012, to provide funds to repay any
money advanced or loaned to the 2006 State School Facilities Fund under(PROPOSITION 1D CONTINUED)
* * * TEXT OF PROPOSED LAWS
any act of the Legislature, together with interest provided for in that act,
and to reimburse the General Obligation Bond Expense Revolving Fund
pursuant to Section 16724.5 of the Government Code.
101012. (a) The proceeds from the sale of bonds, issued and sold
for the purposes of this chapter, shall be allocated in accordance with the
following schedule:
(I) The amount of one billion nine hundred million dollars
($1,900,000,000) for new construction of school facilities of applicant
school districts under Chapter 12.5 (commencing with Section 17070.10)
of Part 10. Of the amount allocated under this paragraph, up to 10.5
percent shall be available for purposes of seismic repair, reconstruction,
or replacement, pursuant to Section 17075.10.
(2) The amount offive hundred million dollars ($500,000,000) shall
be available for providing school facilities to charter schools pursuant
to Article 12 (commencing with Section 17078.52) of Chapter 12.5 of
Part 10.
(3) The amount of three billion three hundred million dollars
($3,300,000,000) for the modernization of school facilities pursuant to
Chapter 12.5 (commencing with Section 17070.10) of Part 10.
(4) The amount of five hundred million dollars ($500,000,000) for
the purposes set forth in Article 13 (commencing with Section 17078.70) of
Chapter 12.5 of Part 10, relating to facilities for career technical education
programs.
(5) Of the amounts allocated under paragraphs (1) and (3), up to
two hundred million dollars ($200,000,000) for the purposes set forth in
Chapter 894 of the Statutes of 2004, relating to incentives for the creation
of smaller learning communities and small high schools.
(6) The amount of twenty-nine million dollars ($29,000,000) for the
purposes set forth in Article 10.6 (commencing with Section 17077.40) of
Chapter 12.5 of Part 10, relating to joint use projects.
(7) The amount of one billion dollars ($1,000,000,000) shall be
available for providing new construction funding to severely overcrowded
schoolsites pursuant to Article 14 (commencing with Section 17079) of
Chapter 12.5 of Part 10.
(8) The amount of one hundred million dollars ($100,000,000)
for incentive grants to promote the use of designs and materials in new
construction and modernization projects that include the attributes of
high-performance schools, including, but not limited to, the elements set
forth in Section 17070.96, pursuant to regulations adopted by the State
Allocation Board.
(b) School districts may use funds allocated pursuant to paragraph
(3) of subdivision (a) only for one or more of the following purposes in
accordance with Chapter 12.5 (commencing with Section 17070.10) of
Part 10:
(I) The purchase and installation of air-conditioning equipment and
insulation materials, and related costs.
(2) Construction projects or the purchase offurniture or equipment
designed to increase school security or playground safety.
(3) The identification, assessment, or abatement in school facilities
of hazardous asbestos.
(4) Project .funding for high-priority roof replacement projects.
(5) Any other modernization of facilities pursuant to Chapter 12.5
(commencing with Section 17070.10) of Part 10.
(c) Funds allocated pursuant to paragraph (1) of subdivision (a) may
also be utilized to provide new construction grants for eligible applicant
county boards of education under Chapter 12.5 (commencing with Section
17070.10) of Part 10 for funding classrooms for severely handicapped
pupils, or for funding classrooms for county community school pupils.
(d) (I) The Legislature may amend this section to adjust the funding
amounts specified in paragraphs (I) to (8), inclusive, of subdivision (a),
only by either of the following methods:
(A)By a statute, passed in each house of the Legislature by rollcall
vote entered in the respective journals, by not less than two-thirds of the
membership in each house concurring, if the statute is consistent with, and
furthers the purposes of this chapter.
(B)By a statute that becomes effective only when approved by the
voters.
(2) Amendments pursuant to this subdivision may adjust the amounts
1%
to be expended pursuant to paragraphs (I) to (8), inclusive, of subdivision
(a), but may not increase or decrease the total amount to be expended
pursuant to that subdivision.
(e) Funds available pursuant to this section may be used for
acquisition of school facilities authorized pursuant to Section 17280.5.
Article 2. Kindergarten Through 12th Grade School
Facilities Fiscal Provisions
101020. (a) Of the total amount of bonds authorized to be issued
and sold pursuant to Chapter] (commencing with Section 101000), bonds
in the amount of seven billion three hundred twenty-nine million dollars
($Z329,000,000) not including the amount of any refunding bonds issued
in accordance with Section 101030, or so much thereof as is necessary,
may be issued and sold to provide a fund to be used for carrying out
the purposes expressed in this chapter and to reimburse the General
Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of
the Government Code. The bonds, when sold, shall be and constitute a
valid and binding obligation of the State of California, and the full faith
and credit of the State of California is hereby pledged for the punctual
payment of the principal of and interest on, the bonds as the principal and
interest become due and payable.
(b) Pursuant to this section, the Treasurer shall sell the bonds
authorized by the State School Building Finance Committee established
pursuant to Section 15909 at any different times necessary to service
expenditures required by the apportionments.
101021. The State School Building Finance Committee, established
by Section 15909 and composed of the Governor, the Controller, the
Treasurer, the Director of Finance, and the Superintendent, or their
designated representatives, all of whom shall serve thereon without
compensation, and a majority of whom shall constitute a quorum, is
continued in existence for the purpose of this chapter. The Treasurer
shall serve as chairperson of the committee. Two Members of the
Senate appointed by the Senate Committee on Rules, and two Members
of the Assembly appointed by the Speaker of the Assembly, shall meet
with and provide advice to the committee to the extent that the advisory
participation is not incompatible with their respective positions as
Members of the Legislature. For the purposes of this chapter, the Members
of the Legislature shall constitute an interim investigating committee on
the subject of this chapter and, as that committee, shall have the powers
granted to, and duties imposed upon, those committees by the Joint Rules
of the Senate and the Assembly. The Director of Finance shall provide
assistance to the committee as it may require. The Attorney General of the
state is the legal adviser of the committee.
101022. (a) The bonds authorized by this chapter shall be
prepared, executed, issued, sold, paid, and redeemed as provided in the
State General Obligation Bond Law (Chapter 4 (commencing with Section
16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all
of the provisions of that law, except Section 16727 of the Government Code
to the extent that it conflicts with this part, apply to the bonds and to this
chapter and are hereby incorporated into this chapter as though set forth in
full within this chapter.
(b) For purposes of the State General Obligation Bond Law, the State
Allocation Board is designated the "board" for purposes of administering
the 2006 State School Facilities Fund.
101023. (a) Upon request of the State Allocation Board, the State
School Building Finance Committee shall determine whether or not it is
necessary or desirable to issue bonds authorized pursuant to this chapter
in order to fund the apportionments and, if so, the amount of bonds to be
issued and sold. Successive issues of bonds may be authorized and sold to
fund those apportionments progressively, and it is not necessary that all of
the bonds authorized to be issued be sold at any one time.
(b) A request of the State Allocation Board pursuant to subdivision
(a) shall be supported by a statement of the apportionments made and to be
made for the purposes described in Sections 101011 and 101012.
101024. There shall be collected each year and in the same manner
and at the same time as other state revenue is collected, in addition to
the ordinary revenues of the state, a sum in an amount required to pay
the principal of and interest on, the bonds each year. It is the duty of all
officers charged by law with any duty in regard to the collection of the
revenue to do and perform each and every act that is necessary to collect
* *Text of Proposed Laws 1121TEXT OF PROPOSED LAWS * * *
that additional sum.
101025. Notwithstanding Section 13340 of the Government Code,
there is hereby appropriated from the General Fund in the State Treasury,
for the purposes of this chapter, an amount that will equal the total of the
following:
(a) The sum annually necessary to pay the principal of and interest
on, bonds issued and sold pursuant to this chapter, as the principal and
interest become due and payable.
(b) The sum necessary to carry out Section 101028, appropriated
without regard to fiscal years.
101026. The State Allocation Board may request the Pooled Money
Investment Board to make a loan from the Pooled Money Investment
Account or any other approved form of interim financing, in accordance
with Section 16312 of the Government Code, for the purpose of carrying
out this chapter. The amount of the request shall not exceed the amount of
the unsold bonds that the committee, by resolution, has authorized to be
sold for the purpose of carrying out this chapter. The board shall execute
any documents required by the Pooled Money Investment Board to obtain
and repay the loan. Any amounts loaned shall be deposited in the fund to
be allocated by the board in accordance with this chapter.
101027. Notwithstanding any other provision of this chapter, or
of the State General Obligation Bond Law, if the Treasurer sells bonds
pursuant to this chapter that include a bond counsel opinion to the effect
that the interest on the bonds is excluded from gross income for federal
tax purposes, subject to designated conditions, the Treasurer may maintain
separate accounts for the investment of bond proceeds and for the
investment earnings on those proceeds. The Treasurer may use or direct
the use of those proceeds or earnings to pay any rebate, penalty, or other
payment required under federal law or take any other action with respect to
the investment and use of those bond proceeds required or desirable under
federal law to maintain the tax-exempt status of those bonds and to obtain
any other advantage under federal law on behalf of the funds of this state.
101028. For the purposes of carrying out this chapter, the Director
of Finance may authorize the withdrawal from the General Fund of an
amount not to exceed the amount of the unsold bonds that have been
authorized by the State School Building Finance Committee to be sold
for the purpose of carrying out this chapter. Any amounts withdrawn
shall be deposited in the 2006 State School Facilities Fund consistent
with this chapter. Any money made available under this section shall be
returned to the General Fund, plus an amount equal to the interest that
the money would have earned in the Pooled Money Investment Account,
from proceeds received from the sale of bonds for the purpose of carrying
out this chapter.
101029. All money deposited in the 2006 State School Facilities
Fund, that is derived from premium and accrued interest on bonds sold
shall be reserved in the fund and shall be available for transfer to the
General Fund as a credit to expenditures for bond interest.
101030. The bonds may be refunded in accordance with Article 6
(commencing with Section 16780) of Chapter 4 of Part 3 of Division 4
of Title 2 of the Government Code, which is a part of the State General
Obligation Bond Law. Approval by the voters of the state for the issuance
of the bonds described in this chapter includes the approval of the issuance
of any bonds issued to refund any bonds originally issued under this
chapter or any previously issued refunding bonds.
101031. The Legislature hereby finds and declares that, inasmuch
as the proceeds from the sale of bonds authorized by this chapter are not
"proceeds of taxes" as that term is used in Article XIII B of the California
Constitution, the disbursement of these proceeds is not subject to the
limitations imposed by that article.
CHAPTER 3. CALIFORNIA COMMUNITY COLLEGE FACILITIES
Article I. General
101032. (a) The 2006 California Community College Capital
Outlay Bond Fund is hereby established in the State Treasury for deposit
of funds from the proceeds of bonds issued and sold for the purposes of
this chapter.
(b) The Higher Education Facilities Finance Committee established
pursuant to Section 67353 is hereby authorized to create a debt or debts,
122 I Text of Proposed Laws* **
liability or liabilities, of the State of California pursuant to this chapter for
the purpose of providing funds to aid the California Community Colleges.
Article 2. California Community College Program Provisions
101033. (a) From the proceeds of bonds issued and sold pursuant
to Article 3 (commencing with Section 101034), the sum of one billion five
hundred seven million dollars ($1,507,000,000) shall be deposited in the
2006 California Community College Capital Outlay Bond Fund for the
purposes of this article. When appropriated, these funds shall be available
for expenditure for the purposes of this article.
(b) The purposes of this article include assisting in meeting the
capital outlay financing needs of the California Community Colleges.
(c) Proceeds from the sale of bonds issued and sold for the purposes
of this article may be used to fund construction on existing campuses,
including the construction of buildings and the acquisition of related
fixtures, construction of facilities that may be used by more than one
segment of public higher education (intersegmental), the renovation
and reconstruction of facilities, site acquisition, the equipping of new,
renovated, or reconstructed facilities, which equipment shall have an
average useful life of 10 years; and to provide funds for the payment of
preconstruction costs, including, but not limited to, preliminary plans and
working drawings for facilities of the California Community Colleges.
Article 3. California Community College Fiscal Provisions
101034. (a) Of the total amount of bonds authorized to be issued
and sold pursuant to Chapter 1 (commencing with Section 101000),
bonds in the total amount of one billion five hundred seven million dollars
($1,507000,000), not including the amount of any refunding bonds issued
in accordance with Section 101039, or so much thereof as is necessary,
may be issued and sold to provide a fund to be used for carrying out
the purposes expressed in this chapter and to reimburse the General
Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of
the Government Code. The bonds, when sold, shall be and constitute a
valid and binding obligation of the State of California, and the full faith
and credit of the State of California is hereby pledged for the punctual
payment of the principal of and interest on, the bonds as the principal and
interest become due and payable.
(b) It is the intent of the Legislature that the California Community
Colleges annually consider, as part of their annual capital outlay planning
process, the inclusion of facilities that may be used by more than one
segment of public higher education antersegmental), and, that on or
before May 15th of each year, those entities report their findings to the
budget committees of each house of the Legislature.
(c) Pursuant to this section, the Treasurer shall sell the bonds
authorized by the Higher Education Facilities Finance Committee
established pursuant to Section 67353 at any different times necessary to
service expenditures required by the apportionments.
101034.5. (a) The bonds authorized by this chapter shall be
prepared, executed, issued, sold, paid, and redeemed as provided in the
State General Obligation Bond Law (Chapter 4 (commencing with Section
16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all
of the provisions of that law, except Section 16727 of the Government Code
to the extent that it conflicts with this part, apply to the bonds and to this
chapter and are hereby incorporated into this chapter as though set forth
in full within this chapter.
(b) For the purposes of the State General Obligation Bond Law,
each state agency administering an appropriation of the 2006 Community
College Capital Outlay Bond Fund is designated as the "board" for
projects funded pursuant to this chapter.
(c) The proceeds of the bonds issued and sold pursuant to this
chapter shall be available for the purpose offunding aid to the California
Community Colleges for the construction on existing or new campuses,
and their respective off-campus centers and joint use and intersegmental
facilities, as set forth in this chapter.
101035. The Higher Education Facilities Finance Committee
established pursuant to Section 67353 shall authorize the issuance of bonds
under this chapter only to the extent necessary to fund the apportionments
for the purposes described in this chapter that are expressly authorized
I 1(PROPOSITION ID CONTINUED)
* * * TEXT OF PROPOSED LAWS
by the Legislature in the annual Budget Act. Pursuant to that legislative
direction, the committee shall determine whether or not it is necessary or
desirable to issue bonds authorized pursuant to this chapter in order to
carry out the purposes described in this chapter and, if so, the amount of
bonds to be issued and sold. Successive issues of bonds may be authorized
and sold to carry out those actions progressively, and it is not necessary
that all of the bonds authorized to be issued be sold at any one time.
101035.5. There shall be collected each year and in the same
manner and at the same time as other state revenue is collected, in addition
to the ordinary revenues of the state, a sum in an amount required to pay
the principal of and interest on, the bonds each year. It is the duty of all
officers charged by law with any duty in regard to the collection of the
revenue to do and perform each and every act which is necessary to collect
that additional sum.
101036. Notwithstanding Section 13340 of the Government Code,
there is hereby appropriated from the General Fund in the State Treasury,
for the purposes of this chapter, an amount that will equal the total of the
following:
(a) The sum annually necessary to pay the principal of and interest
on, bonds issued and sold pursuant to this chapter, as the principal and
interest become due and payable.
(b) The sum necessary to carry out Section 1010375, appropriated
without regard to fiscal years.
101036.5. The board, as defined in subdivision (b) of Section
101034.5, may request the Pooled Money Investment Board to make a loan
from the Pooled Money Investment Account or any other approved form
of interim financing, in accordance with Section 16312 of the Government
Code, for the purpose of carrying out this chapter. The amount of the
request shall not exceed the amount of the unsold bonds that the committee,
by resolution, has authorized to be sold for the purpose of carrying out this
chapter. The board, as defined in subdivision (b) of Section 101034.5, shall
execute any documents required by the Pooled Money Investment Board
to obtain and repay the loan. Any amounts loaned shall be deposited in the
fund to be allocated by the board in accordance with this chapter.
101037 Notwithstanding any other provision of this chapter, or
of the State General Obligation Bond Law, if the Treasurer sells bonds
pursuant to this chapter that include a bond counsel opinion to the effect
that the interest on the bonds is excluded from gross income for federal
tax purposes, subject to designated conditions, the Treasurer may maintain
separate accounts for the investment of bond proceeds and for the
investment earnings on those proceeds. The Treasurer may use or direct
the use of those proceeds or earnings to pay any rebate, penalty, or other
payment required under federal law or take any other action with respect to
the investment and use of those bond proceeds required or desirable under
federal law to maintain the tax-exempt status of those bonds and to obtain
any other advantage under federal law on behalf of the funds of this state.
1010375. (a) For the purposes of carrying out this chapter, the
Director of Finance may authorize the withdrawal from the General Fund
of an amount not to exceed the amount of the unsold bonds that have been
authorized by the Higher Education Facilities Finance Committee to be
sold for the purpose of carrying out this chapter. Any amounts withdrawn
shall be deposited in the 2006 California Community College Capital
Outlay Bond Fund consistent with this chapter. Any money made available
under this section shall be returned to the General Fund, plus an amount
equal to the interest that the money would have earned in the Pooled
Money Investment Account, from proceeds received from the sale of bonds
for the purpose of carrying out this chapter.
(b) Any request forwarded to the Legislature and the Department
of Finance for funds from this bond issue for expenditure for the purposes
described in this chapter by the California Community Colleges shall be
accompanied by the five-year capital outlay plan that reflects the needs
and priorities of the community college system and is prioritized on a
statewide basis. Requests shall include a schedule that prioritizes the
seismic retrofitting needed to significantly reduce, in the judgment of the
particular college, seismic hazards in buildings identified as high priority
by the college.
101038. All money deposited in the 2006 California Community
College Capital Outlay Bond Fund that is derived from premium and
accrued interest on bonds sold shall be reserved in the fund and shall be
available for transfer to the General Fund as a credit to expenditures for
bond interest.
2,0
101039. The bonds may be refunded in accordance with Article 6
(commencing with Section 16780) of Chapter 4 of Part 3 of Division 4
of Title 2 of the Government Code, which is a part of the State General
Obligation Bond Law. Approval by the voters of the state for the issuance
of the bonds described in this chapter includes the approval of the issuance
of any bonds issued to refund any bonds originally issued under this
chapter or any previously issued refunding bonds.
101039.5. The Legislature hereby finds and declares that, inasmuch
as the proceeds from the sale of bonds authorized by this chapter are not
"proceeds of taxes" as that term is used in Article XIII B of the California
Constitution, the disbursement of these proceeds is not subject to the
limitations imposed by that article.
CHAPTER 4. UNIVERSITY FACILITIES
Article I. General
101040. (a) The system of public universities in this state includes
the University of California, the Hastings College of the Law, and the
California State University, and their respective off-campus centers.
(b) The 2006 University Capital Outlay Bond Fund is hereby
established in the State Treasury for deposit offunds from the proceeds of
bonds issued and sold for the purposes of this chapter.
(c) The Higher Education Facilities Finance Committee established
pursuant to Section 67353 is hereby authorized to create a debt or debts,
liability or liabilities, of the State of California pursuant to this chapter
for the purpose of providing funds to aid the University of California, the
Hastings College of the Law, and the California State University.
Article 2. Program Provisions Applicable to the University of
California and the Hastings College of the Law
101041. (a) From the proceeds of bonds issued and sold pursuant
to Article 4 (commencing with Section 101050), the sum of eight hundred
ninety million dollars ($890,000,000) shall be deposited in the 2006
University Capital Outlay Bond Fund for the purposes of this article.
When appropriated, these funds shall be available for expenditure for the
purposes of this article.
(b) The purposes of this article include assisting in meeting the
capital outlay financing needs of the University of California and the
Hastings College of the Law.
(c) Of the amount made available under subdivision (a), the amount
of two hundred million dollars ($200,000,000) shall be used for capital
improvements that expand and enhance medical education programs with
an emphasis on telemedicine aimed at developing high-tech approaches
to health care.
(d) Proceeds from the sale of bonds issued and sold for the purposes
of this article may be used to fund construction on existing campuses,
including the construction of buildings and the acquisition of related
fixtures, construction of facilities that may be used by more than one
segment of public higher education (intersegmental), the renovation
and reconstruction of facilities, site acquisition, the equipping of new,
renovated, or reconstructed facilities, which equipment shall have an
average useful life of 10 years; and to provide funds for the payment of
preconstruction costs, including, but not limited to, preliminary plans
and working drawings for facilities of the University of California and the
Hastings College of the Law.
Article 3. Program Provisions Applicable
to the California State University
101042. (a) From the proceeds of bonds issued and sold pursuant
to Article 4 (commencing with Section 101050), the sum of six hundred
ninety million dollars ($690,000,000) shall be deposited in the 2006
University Capital Outlay Bond Fund for the purposes of this article.
When appropriated, these funds shall be available for expenditure for the
purposes of this article.
(b) The purposes of this article include assisting in meeting the
capital outlay financing needs of the California State University.
(c) Proceeds from the sale of bonds issued and sold for the purposes
of this article may be used to fund construction on existing campuses,
including the construction of buildings and the acquisition of related
* * * Text of Proposed Laws 1 123TEXT OF PROPOSED LAWS * * *
fixtures, construction of facilities that may be used by more than one
segment of public higher education (intersegmental), the renovation
and reconstruction of facilities, site acquisition, the equipping of new,
renovated, or reconstructed facilities, which equipment shall have an
average useful life of 10 years; and to provide funds for the payment of
preconstruction costs, including, but not limited to, preliminary plans and
working drawings for facilities of the California State University.
Article 4. University Fiscal Provisions
101050. (a) Of the total amount ofbonds authorized to be issued and
sold pursuant to Chapter 1 (commencing with Section 101000), bonds in the
amount of one billion five hundred eighty million dollars ($1,580,000,000),
not including the amount of any refunding bonds issued in accordance with
Section 101059, or so much thereof as is necessary, may be issued and sold
to provide a fund to be used for carrying out the purposes expressed in this
chapter and to reimburse the General Obligation Bond Expense Revolving
Fund pursuant to Section 16724.5 of the Government Code. The bonds,
when sold, shall be and constitute a valid and binding obligation of the
State of California, and the full faith and credit of the State of California is
hereby pledged for the punctual payment of the principal of and interest
on, the bonds as the principal and interest become due and payable.
(b) It is the intent of the Legislature that the University of California
and the California State University annually consider, as part of their annual
capital outlay planning process, the inclusion offacilities that may be used
by more than one segment ofpublic higher education (intersegmental), and,
that on or before May 15 of each year, those entities report theirfindings to
the budget committees of each house of the Legislature.
(c) Pursuant to this section, the Peasurer shall sell the bonds
authorized by the Higher Education Facilities Finance Committee
established pursuant to Section 67353 at any different times necessary to
service expenditures required by the apportionments.
101051 (a) The bonds authorized by this chapter shall be prepared,
executed, issued, sold, paid, and redeemed as provided in the State General
Obligation Bond Law (Chapter 4 (commencing with Section 16720) of
Part 3 of Division 4 of Title 2 of the Government Code), and all of the
provisions of that law, except Section 16727 of the Government Code to the
extent that it conflicts with this part, apply to the bonds and to this chapter
and are hereby incorporated into this chapter as though set forth in full
within this chapter.
(b) For the purposes of the State General Obligation Bond Law,
each state agency administering an appropriation of the 2006 University
Capital Outlay Bond Fund is designated as the "board" for projects
funded pursuant to this chapter.
(c) The proceeds of the bonds issued and sold pursuant to this
chapter shall be available for the purpose offunding aid to the University
of California, the Hastings College of the Law, and the California State
University, for the construction on existing or new campuses, and their
respective off-campus centers and joint use and intersegmental facilities,
as set forth in this chapter.
101052. The Higher Education Facilities Finance Committee
established pursuant to Section 67353 shall authorize the issuance of bonds
under this chapter only to the extent necessary to fund the apportionments
for the purposes described in this chapter that are expressly authorized
by the Legislature in the annual Budget Act. Pursuant to that legislative
direction, the committee shall determine whether or not it is necessary or
desirable to issue bonds authorized pursuant to this chapter in order to
carry out the purposes described in this chapter and, if so, the amount of
bonds to be issued and sold. Successive issues of bonds may be authorized
and sold to carry out those actions progressively, and it is not necessary
that all of the bonds authorized to be issued be sold at any one time.
101053. There shall be collected each year and in the same manner
and at the same time as other state revenue is collected, in addition to
the ordinary revenues of the state, a sum in an amount required to pay
the principal of and interest on, the bonds each year. It is the duty of all
officers charged by law with any duty in regard to the collection of the
revenue to do and perform each and every act which is necessary to collect
that additional sum.
101054. Notwithstanding Section 13340 of the Government Code,
there is hereby appropriated from the General Fund in the State Treasury,
for the purposes of this chapter, an amount that will equal the total of the
following:
(a) The sum annually necessary to pay the principal of and interest
on, bonds issued and sold pursuant to this chapter, as the principal and
interest become due and payable.
(b) The sum necessary to carry out Section 101057, appropriated
without regard to fiscal years.
101055. The board, as defined in subdivision (b) of Section 101051,
may request the Pooled Money Investment Board to make a loan from the
Pooled Money Investment Account or any other approved form of interim
financing, in accordance with Section 16312 of the Government Code,
for the purpose of carrying out this chapter. The amount of the request
shall not exceed the amount of the unsold bonds that the committee, by
resolution, has authorized to be sold for the purpose of carrying out this
chapter. The board, as defined in subdivision (b) of Section 101051, shall
execute any documents required by the Pooled Money Investment Board
to obtain and repay the loan. Any amounts loaned shall be deposited in the
fund to be allocated by the board in accordance with this chapter.
101056. Notwithstanding any other provision of this chapter, or
of the State General Obligation Bond Law, if the Treasurer sells bonds
pursuant to this chapter that include a bond counsel opinion to the effect
that the interest on the bonds is excluded from gross income for federal
tax purposes, subject to designated conditions, the Treasurer may maintain
separate accounts for the investment of bond proceeds and for the
investment earnings on those proceeds. The Treasurer may use or direct
the use of those proceeds or earnings to pay any rebate, penalty, or other
payment required under federal law or take any other action with respect to
the investment and use of those bond proceeds required or desirable under
federal law to maintain the tax-exempt status of those bonds and to obtain
any other advantage under federal law on behalf of the funds of this state.
10105Z (a) For the purposes of carrying out this chapter, the
Director of Finance may authorize the withdrawal from the General Fund
of an amount not to exceed the amount of the unsold bonds that have
been authorized by the Higher Education Facilities Finance Committee
to be sold for the purpose of carrying out this chapter. Any amounts
withdrawn shall be deposited in the 2006 University Capital Outlay Bond
Fund consistent with this chapter. Any money made available under this
section shall be returned to the General Fund, plus an amount equal to the
interest that the money would have earned in the Pooled Money Investment
Account, from proceeds received from the sale of bonds for the purpose of
carrying out this chapter.
(b) Any request forwarded to the Legislature and the Department
of Finance for funds from this bond issue for expenditure for the purposes
described in this chapter by the University of California, the Hastings
College of the Law, or the California State University shall be accompanied
by the five-year capital outlay plan. Requests forwarded by a university
or college shall include a schedule that prioritizes the seismic retrofitting
needed to significantly reduce, in the judgment of the particular university
or college, seismic hazards in buildings identified as high priority by the
university or college.
101058. All money deposited in the 2006 University Capital Outlay
Bond Fund that is derived from premium and accrued interest on bonds
sold shall be reserved in the fund and shall be available for transfer to the
General Fund as a credit to expenditures for bond interest.
101059. The bonds may be refunded in accordance with Article 6
(commencing with Section 16780) of Chapter 4 of Part 3 of Division 4
of Title 2 of the Government Code, which is a part of the State General
Obligation Bond Law. Approval by the voters of the state for the issuance
of the bonds described in this chapter includes the approval of the issuance
of any bonds issued to refund any bonds originally issued under this
chapter or any previously issued refunding bonds.
101060. The Legislature hereby finds and declares that, inasmuch
as the proceeds from the sale of bonds authorized by this chapter are not
"Proceeds of taxes" as that term is used in Article XIII B of the California
Constitution, the disbursement of these proceeds is not subject to the
limitations imposed by that article.
SEC. 20. (a) Up to twenty-one million dollars ($21,000,000)
of any funds that are required to be made available for rehabilitation or
construction of joint-use facilities for public schools and that result or are
derived from the sale of bonds issued on or before January 1, 2006, shall be
124 1 Text of Proposed Laws** *
2.1(PROPOSITION 11D CONTINUED)
* * * TEXT OF PROPOSED LAWS
transferred to the State Allocation Board and may be apportioned by that
board for the purposes of Article 10.6 (commencing with Section 17077.40)
of Chapter 12.5 of Part 10 of the Education Code.
(b) Any funds remaining after the transfer required under subdivision
(a) that conform to the description set forth in that subdivision shall be
transferred to the State Allocation Board and may be apportioned by that
board for any of the purposes of Chapter 12.5 (commencing with Section
17070.10) of Part 10 of the Education Code.
PROPOSITION lE
This law proposed by Assembly Bill 140 of the 2005-2006 Regular
Session (Chapter 33, Statutes of 2006) is submitted to the people
in accordance with the provisions of Article XVI of the California
Constitution.
This proposed law adds sections to the Public Resources Code;
therefore, new provisions proposed to be added are printed in italic type to
indicate that they are new.
PROPOSED LAW
SECTION 1. Chapter 1.699 (commencing with Section 5096.800)
is added to Division 5 of the Public Resources Code, to read:
CHAPTER 1.699. DISASTER PREPAREDNESS AND
FLOOD PREVENTION BOND ACT OF 2006
Article I. General Provisions
5096.800. This chapter shall be known and may be cited as the
Disaster Preparedness and Flood Prevention Bond Act of 2006.
Article 2. Definitions
5096.805. Unless the context otherwise requires, the definitions set
forth in this article govern the construction of this chapter.
(a) "Board" means the Reclamation Board or successor entity.
(b) "Committee" means the Disaster Preparedness and Flood
Prevention Bond Finance Committee, created by Section 5096.957
(c) "Delta" means the area of the Sacramento-San Joaquin Delta as
defined in Section 12220 of the Water Code.
(d) "Department" means the Department of Water Resources.
(e) "Facilities of the State Plan of Flood Control" means the levees,
weirs, channels, and other features of the federal and state authorized
flood control facilities located in the Sacramento and San Joaquin River
drainage basin for which the board or the department has given the
assurances of nonfederal cooperation to the United States required for the
project, and those facilities identified in Section 8361 of the Water Code.
(I) "Fund" means the Disaster Preparedness and Flood Prevention
Bond Fund of 2006, created by Section 5096.806.
(g) "Project levees" means the levees that are part of the facilities of
the State Plan of Flood Control.
(h) "Restoration" means the improvement of a physical structure or
facility and, in the case of natural system and landscape features includes,
but is not limited to, a project for the control of erosion, the control and
elimination of exotic species, including prescribed burning, fuel hazard
reduction, fencing out threats to existing or restored natural resources,
road elimination, and other plant and wildlife habitat improvement to
increase the natural system value of the property. A restoration project
shall include the planning, monitoring, and reporting necessary to ensure
successful implementation of the project objectives.
(t) "State General Obligation Bond Law" means the State General
Obligation Bond Law (Chapter 4 (commencing with Section 16720) of
Part 3 of Division 4 of Title 2 of the Government Code).
0) "State Plan of Flood Control" means the state and federal
flood control works, lands, programs, plans, conditions, and mode of
maintenance and operations of the Sacramento River Flood Control
Project described in Section 8350 of the Water Code, and offlood control
projects in the Sacramento River and San Joaquin River watersheds
authorized pursuant to Article 2 (commencing with Section 12648) of
Chapter 2 of Part 6 of Division 6 of the Water Code for which the board or
the department has provided the assurances of nonfederal cooperation to
the United States, which shall be updated by the department and compiled
into a single document entitled "The State Plan of Flood Control."
(k) "Urban area" means any contiguous area in which more than
10,000 residents are protected by project levees.
Article 3. Disaster Preparedness and Flood Prevention Bond
Fund of 2006
5096.806. The proceeds of bonds issued and sold pursuant to
this chapter shall be deposited in the Disaster Preparedness and Flood
Prevention Bond Fund of 2006, which is hereby created.
Article 4. Disaster Preparedness and Flood Prevention Program
5096.820. (a) The sum of four billion ninety million dollars
($4,090,000,000) shall be available, upon appropriation therefor, for
disaster preparedness and flood prevention projects pursuant to this
article.
(b) In expending funds pursuant to this article, the Governor shall
do all of the following:
(I) Secure the maximum feasible amounts of federal and local
matching funds to fund disaster preparedness and flood prevention
projects in order to ensure prudent and cost-effective use of these funds to
the extent that this does not prohibit timely implementation of this article.
(2) Prioritize project selection and project design to achieve
maximum public benefits from the use of these funds.
(3) In connection with the submission of the annual Governor's
Budget, submit an annual Bond Expenditure Disaster Preparedness and
Flood Prevention Plan that describes in detail the proposed expenditures of
bond funds, the amount offederal appropriations and localfunding obtained
to fund disaster preparedness and flood prevention projects to match those
expenditures, and an investment strategy to meet long-term flood protection
needs and minimize state taxpayer liabilities from flooding.
5096.821. Three billion dollars ($3,000,000,000) shall be available,
upon appropriation to the department, for the following purposes:
(a) The evaluation, repair, rehabilitation, reconstruction, or
replacement of levees, weirs, bypasses, and facilities of the State Plan of
Flood Control by all of the following actions:
(1)Repairing erosion sites and removing sediment from channels or
bypasses.
(2) Evaluating and repairing levees and any other facilities of the
State Plan of Flood Control.
(3) Implementing mitigation measures for a project undertaken
pursuant to this subdivision. The department may fund participation in a
natural community conservation plan pursuant to Chapter 10 (commencing
with Section 2800) of Division 3 of the Fish and Game Code to facilitate
projects authorized by this subdivision.
(b) Improving or adding facilities to the State Plan of Flood Control
to increase levels offlood prevention for urban areas, including all related
costs for mitigation and infrastructure relocation. Funds made available by
this subdivision may be expended for state financial participation in federal
and state authorized flood control projects, feasibility studies and design
of federal flood damage reduction and related projects, and reservoir
reoperation and groundwater flood storage projects. Not more than two
hundred million dollars ($200,000,000) may be expended on a single
project, excluding authorized flood control improvements to Folsom Dam.
(c) (I) To reduce the risk of levee failure in the delta.
(2) The funds made available for the purpose specified in paragraph
(I) shall be expended for both of the following purposes:
(A)Local assistance under the delta levee maintenance subventions
program under Part 9 (commencing with Section 12980) of Division 6 of
the Water Code, as that part may be amended.
(B)Special flood protection projects under Chapter 2 (commencing
with Section 12310) of Part 4.8 of Division 6 of the Water Code, as that
chapter may be amended.
5096.824. (a) Five hundred million dollars ($500,000,000) shall
* **Text of Proposed Laws 1 125TEXT OF PROPOSED LAWS * * *
be available, upon appropriation to the department, for payment for the
state's share of the nonfederal costs, and related costs, offlood control and
flood prevention projects authorized under any of the following:
(I) The State Water Resources Law of 1945 (Chapter I (commencing
with Section 12570) and Chapter 2 (commencing with Section 12639) of
Part 6 of Division 6 of the Water Code).
(2) The Flood Control Law of 1946 (Chapter 3 (commencing with
Section 12800) of Part 6 of Division 6 of the Water Code).
(3) The California Watershed Protection and Flood Prevention Law
(Chapter 4 (commencing with Section 12850) of Part 6 of Division 6 of the
Water Code).
(b) The costs described in subdivision (a) include costs incurred in
connection with either of the following:
(I) The granting of credits or loans to local agencies, as applicable,
pursuant to Sections 12585.3, 12585.4 of subdivision (d) of Section 12585.5
of and Sections 12866.3 and 12866.4 of the Water Code.
(2) The implementation of Chapter 3.5 (commencing with Section
12840) of Part 6 of Division 6 of the Water Code.
(c) The funds made available by this section shall be allocated only
to projects that are not part of the State Plan of Flood Control.
5096.825. Two hundred ninety million dollars ($290,000,000)
shall be available, upon appropriation, for the protection, creation, and
enhancement of flood protection corridors and bypasses through any of
the following actions:
(a) Acquiring easements and other interests in real property
to protect or enhance flood protection corridors and bypasses while
preserving or enhancing the agricultural use of the real property.
(b) Constructing new levees necessary for the establishment of a
flood protection corridor or bypass.
(c) Setting back existing flood control levees, and in conjunction
with undertaking those setbacks, strengthening or modifying existing
levees and weirs.
(d) Relocating or flood proofing structures necessary for the
establishment of a flood protection corridor.
(e) Acquiring interests in, or providing incentives for maintaining
agricultural uses of real property that is located in a flood plain that
cannot reasonably be made safe from futureflooding.
(f) Acquiring easements and other interests in real property to protect
or enhance flood protection corridors while preserving or enhancing the
wildlife value of the real property.
(g) Flood plain mapping and related activities, including both of the
following:
(I) The development offload hazard maps, including all necessary
studies and surveys.
(2) Alluvial fanflood plain mapping.
5096.827. Three hundred million dollars ($300,000,000) shall be
available, upon appropriation to the department, for grants for storm water
flood management projects that meet all of the following requirements:
(a) Have a nonstate cost share of not less than 50 percent.
(b) Are not part of the State Plan of Flood Control.
(c) Are designed to manage storm water runoff to reduce flood
damage and where feasible, provide other benefits, including groundwater
recharge, water quality improvement, and ecosystem restoration.
(d) Comply with applicable regional water quality control plans.
(e) Are consistent with any applicable integrated regional water
management plan.
5096.828. Funds provided by this article are only available
for appropriation until July 1, 2016, and at that time the amount of
indebtedness authorized by this chapter shall be reduced by the amount of
funds provided by this article that have not been appropriated.
Article 16. Program Expenditures
5096.953. The Secretary of the Resources Agency shall provide for
an independent audit of expenditures pursuant to this chapter to ensure
that all moneys are expended in accordance with the requirements of
this chapter. The secretary shall publish a list of all program and project
expenditures pursuant to this chapter not less than annually, in written
126 I Text of Proposed Laws** *
form, and shall post an electronic form of the list on the Resources Agency's
Internet Web site.
Article 1Z Fiscal Provisions
5096.955. (a) Bonds in the total amount of four billion ninety
million dollars ($4,090,000,000), not including the amount of any
refunding bonds issued in accordance with Section 5096.966, or so much
thereof as is necessary, may be issued and sold to provide a fund to be used
for carrying out the purposes expressed in this chapter and to reimburse
the General Obligation Bond Expense Revolving Fund pursuant to Section
16724.5 of the Government Code. The bonds, when sold, shall be and
constitute valid and binding obligations of the State of California, and the
full faith and credit of the State of California is hereby pledged for the
punctual payment of both principal of and interest on, the bonds as the
principal and interest become due and payable.
(b) The Treasurer shall sell the bonds authorized by the committee
pursuant to this section. The bonds shall be sold upon the terms and
conditions specified in a resolution to be adopted by the committee
pursuant to Section 16731 of the Government Code.
5096.956. The bonds authorized by this chapter shall be prepared,
executed, issued, sold, paid, and redeemed as provided in the State General
Obligation Bond Law, and all of the provisions of that law apply to the
bonds and to this chapter and are hereby incorporated in this chapter as
though set forth in full in this chapter.
5096.957. (a) Solely for the purpose of authorizing the issuance
and sale, pursuant to the State General Obligation Bond Law, of the
bonds authorized by this chapter, the Disaster Preparedness and Flood
Prevention Bond Finance Committee is hereby created. For the purposes
of this chapter, the Disaster Preparedness and Flood Prevention Bond
Finance Committee is "the committee" as that term is used in the State
General Obligation Bond Law. The committee consists of the Controller, the
Director of Finance, and the Treasurer, or their designated representatives.
The Treasurer shall serve as chairperson of the committee. A majority of
the committee may act for the committee.
(b) For purposes of the State General Obligation Bond Law, the
department is designated the "board."
5096.958. The committee shall determine whether or not it is
necessary or desirable to issue bonds authorized pursuant to this chapter
to carry out this chapter and, ([so, the amount of bonds to be issued and
sold. Successive issues of bonds may be authorized and sold to carry out
those actions progressively, and it is not necessary that all of the bonds
authorized to be issued be sold at any one time.
5096.959. There shall be collected each year and in the same
manner and at the same time as other state revenue is collected, in addition
to the ordinary revenues of the state, a sum in an amount required to pay
the principal of and interest on, the bonds each year, and it is the duty of
all officers charged by law with any duty in regard to the collection of the
revenue to do and perform each and every act which is necessary to collect
that additional sum.
5096.960. Notwithstanding Section 13340 of the Government Code,
there is hereby appropriated from the General Fund in the State Treasury,
for the purposes of this chapter, an amount that will equal the total of the
following:
(a) The sum annually necessary to pay the principal of and interest
on, bonds issued and sold pursuant to this chapter, as the principal and
interest become due and payable.
(b) The sum that is necessary to carry out Section 5096.963,
appropriated without regard to fiscal years.
5096.961. The department may request the Pooled Money Investment
Board to make a loan from the Pooled Money Investment Account, in
accordance with Section 16312 of the Government Code, for the purpose
of carrying out this chapter. The amount of the request shall not exceed
the amount of the unsold bonds that the committee has, by resolution,
authorized to be sold for the purpose of carrying out this chapter. The
department shall execute those documents required by the Pooled Money
Investment Board to obtain and repay the loan. Any amounts loaned shall
be deposited in the fund to be allocated by the department in accordance
with this chapter.
5096.962. Notwithstanding any other provision of this chapter, or
of the State General Obligation Bond Law, ([the Treasurer sells bonds that(PROPOSITION lE CONTINUED)
* ** TEXT OF PROPOSED LAWS
include a bond counsel opinion to the effect that the interest on the bonds
is excluded from gross income for federal tax purposes under designated
conditions, the Treasurer may maintain separate accounts for the bond
proceeds invested and for the investment earnings on those proceeds, and
may use or direct the use of those proceeds or earnings to pay any rebate,
penalty, or other payment required under federal law or take any other
action with respect to the investment and use of those bond proceeds, as
may be required or desirable under federal law in order to maintain the
tax-exempt status of those bonds and to obtain any other advantage under
federal law on behalf of the funds of this state.
5096.963. For the purposes of carrying out this chapter, the
Director of Finance may authorize the withdrawal from the General Fund
of an amount or amounts not to exceed the amount of the unsold bonds
that have been authorized by the committee to be sold for the purpose of
carrying out this chapter. Any amounts withdrawn shall be deposited in the
fund. Any money made available under this section shall be returned to the
General Fund, with interest at the rate earned by the money in the Pooled
Money Investment Account, from proceeds received from the sale of bonds
for the purpose of carrying out this chapter.
5096.964. All money deposited in the fund that is derived from
premium and accrued interest on bonds sold pursuant to this chapter shall
be reserved in the fund and shall be available for transfer to the General
Fund as a credit to expenditures for bond interest.
5096.965. Pursuant to Chapter 4 (commencing with Section 16720)
of Part 3 of Division 4 of Title 2 of the Government Code, the cost of bond
issuance shall be paid out of the bond proceeds. These costs shall be shared
proportionally by each program funded through this bond act.
5096.966. The bonds issued and sold pursuant to this chapter may be
refunded in accordance with Article 6 (commencing with Section 16780) of
Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is
a part of the State General Obligation Bond Law. Approval by the electors
of the state for the issuance of the bonds under this chapter shall include
approval of the issuance of any bonds issued to refund any bonds originally
issued under this chapter or any previously issued refunding bonds.
5096.967 The Legislature herebyfinds and declares that, inasmuch
as the proceeds from the sale of bonds authorized by this chapter are not
"proceeds of taxes" as that term is used in Article XIII B of the California
Constitution, the disbursement of these proceeds is not subject to the
limitations imposed by that article.
PROPOSITION 83
This initiative measure is submitted to the people in accordance with
the provisions of Section 8 of Article II of the California Constitution.
This initiative measure amends and adds sections to the Penal Code
and amends sections of the Welfare and Institutions Code; therefore,
existing provisions proposed to be deleted are printed in strikeout-type and
new provisions proposed to be added are printed in italic type to indicate
that they are new.
PROPOSED LAW
SECTION 1. SHORT TITLE
This Act shall be known and may be cited as "The Sexual Predator
Punishment and Control Act: Jessica's Law."
SEC. 2. FINDINGS AND DECLARATIONS
The People find and declare each of the following:
(a) The State of California currently places a high priority on
maintaining public safety through a highly skilled and trained law
enforcement as well as laws that deter and punish criminal behavior.
(b) Sex offenders have very high recidivism rates. According to a
1998 report by the U.S. Department of Justice, sex offenders are the least
likely to be cured and the most likely to reoffend, and they prey on the
most innocent members of our society. More than two-thirds of the victims
of rape and sexual assault are under the age of 18. Sex offenders have a
dramatically higher recidivism rate for their crimes than any other type
of violent felon.
(c) Child pornography exploits children and robs them of their
innocence. FBI studies have shown that pornography is very influential
in the actions of sex offenders. Statistics show that 90% of the predators
who molest children have had some type of involvement with pornography.
Predators often use child pornography to aid in their molestation.
(d) The universal use of the Internet has also ushered in an era of
increased risk to our children by predators using this technology as a tool
to lure children away from their homes and into dangerous situations.
Therefore, to reflect society's disapproval of this type of activity, adequate
penalties must be enacted to ensure predators cannot escape prosecution.
(e) With these changes, Californians will be in a better position to
keep themselves, their children, and their communities safe from the threat
posed by sex offenders.
(f) It is the intent of the People in enacting this measure to
help Californians better protect themselves, their children, and their
communities; it is not the intent of the People to embarrass or harass
persons convicted of sex offenses.
(g) Californians have a right to know about the presence of sex
offenders in their communities, near their schools, and around their
children.
(h) California must also take additional steps to monitor sex
offenders, to protect the public from them, and to provide adequate
penalties for and safeguards against sex offenders, particularly those who
prey on children. Existing laws that punish aggravated sexual assault,
habitual sexual offenders, and child molesters must be strengthened and
improved. In addition, existing laws that provide for the commitment and
control of sexually violent predators must be strengthened and improved.
(i) Additional resources are necessary to adequately monitor and
supervise sexual predators and offenders. It is vital that the lasting effects
of the assault do not further victimize victims of sexual assault.
(j) Global Positioning System technology is an useful tool for
monitoring sexual predators and other sex offenders and is a cost effective
measure for parole supervision. It is critical to have close supervision of
this class of criminals to monitor these offenders and prevent them from
committing other crimes.
(k) California is the only state, of the number of states that have
enacted laws allowing involuntary civil commitments for persons identified
as sexually violent predators, which does not provide for indeterminate
commitments. California automatically allows for a jury trial every two
years irrespective of whether there is any evidence to suggest or prove that
the committed person is no longer a sexually violent predator. As such, this
act allows California to protect the civil rights of those persons committed
as a sexually violent predator while at the same time protect society and the
system from unnecessary or frivolous jury trial actions where there is no
competent evidence to suggest a change in the committed person.
SEC. 3. Section 209 of the Penal Code is amended to read:
209. (a) Any person who seizes, confines, inveigles, entices,
decoys, abducts, conceals, kidnaps or carries away another person by any
means whatsoever with intent to hold or detain, or who holds or detains,
that person for ransom, reward or to commit extortion or to exact from
another person any money or valuable thing, or any person who aids or
abets any such act, is guilty of a felony, and upon conviction thereof,
shall be punished by imprisonment in the state prison for life without
possibility of parole in cases in which any person subjected to any such
act suffers death or bodily harm, or is intentionally confined in a manner
which exposes that person to a substantial likelihood of death, or shall be
punished by imprisonment in the state prison for life with the possibility of
parole in cases where no such person suffers death or bodily harm.
(b)(1) Any person who kidnaps or carries away any individual to
commit robbery, rape, spousal rape, oral copulation, sodomy, or sexual
penetratiorrin any violation of Section 264.1, 288, or 289, shall be punished
by imprisonment in the state prison for life with the possibility of parole.
(2) This subdivision shall only apply if the movement of the victim
is beyond that merely incidental to the commission of, and increases the
risk of harm to the victim over and above that necessarily present in, the
intended underlying offense.
(c) In all cases in which probation is granted, the court shall, except
in unusual cases where the interests of justice would best be served by a
lesser penalty, require as a condition of the probation that the person be
confined in the county jail for 12 months. If the court grants probation
without requiring the defendant to be confined in the county jail for 12
months, it shall specify its reason or reasons for imposing a lesser penalty.
(d) Subdivision (b) shall not be construed to supersede or affect
* * *Text of Proposed Laws 127TEXT OF PROPOSED LAWS ** *
or she shall be unconditionally released and unconditionally discharged.
SEC. 30. Section 6608 of the Welfare and Institutions Code is
amended to read:
6608. (a) Nothing in this article shall prohibit the person who
has been committed as a sexually violent predator from petitioning the
court for conditional release and sub.,.4.10,ut or an unconditional discharge
without the recommendation or concurrence of the Director of Mental
Health. If a person has previously filed a petition for conditional release
without the concurrence of the director and the court determined, either
upon review of the petition or following a hearing, that the petition was
frivolous or that the committed person's condition had not so changed that
he or she would not be a danger to others in that it is not likely that he
or she will engage in sexually violent criminal behavior if placed under
supervision and treatment in the community, then the court shall deny
the subsequent petition unless it contains facts upon which a court could
find that the condition of the committed person had so changed that a
hearing was warranted. Upon receipt of a first or subsequent petition from
a committed person without the concurrence of the director, the court shall
endeavor whenever possible to review the petition and determine if it is
based upon frivolous grounds and, if so, shall deny the petition without a
hearing. The person petitioning for conditional release and unconditional
discharge under this subdivision shall be entitled to assistance of counsel.
(b) The court shall give notice of the hearing date to the attorney
designated in subdivision (i) of Section 6601, the retained or appointed
attorney for the committed person, and the Director of Mental Health at
least 15 court days before the hearing date.
(c) No hearing upon the petition shall be held until the person who
is committed has been under commitment for confinement and care in a
facility designated by the Director of Mental Health for not less than one
year from the date of the order of commitment.
(d) The court shall hold a hearing to determine whether the person
committed would be a danger to the health and safety of others in that it
is likely that he or she will engage in sexually violent criminal behavior
due to his or her diagnosed mental disorder if under supervision and
treatment in the community. If the court at the hearing determines that
the committed person would not be a danger to others due to his or her
diagnosed mental disorder while under supervision and treatment in the
community, the court shall order the committed person placed with an
appropriate forensic conditional release program operated by the state for
one year. A substantial portion of the state-operated forensic conditional
release program shall include outpatient supervision and treatment. The
court shall retain jurisdiction of the person throughout the course of the
program. At the end of one year, the court shall hold a hearing to determine
if the person should be unconditionally released from commitment on the
basis that, by reason of a diagnosed mental disorder, he or she is not a
danger to the health and safety of others in that it is not likely that he or she
will engage in sexually violent criminal behavior. The court shall not make
this determination until the person has completed at least one year in the
state-operated forensic conditional release program. The court shall notify
the Director of Mental Health of the hearing date.
(e) Before placing a committed person in a state-operated forensic
conditional release program, the community program director designated
by the State Department of Mental Health shall submit a written
recommendation to the court stating which forensic conditional release
program is most appropriate for supervising and treating the committed
person. If the court does not accept the community program director's
recommendation, the court shall specify the reason or reasons for its
order on the record. The procedures described in Sections 1605 to 1610,
inclusive, of the Penal Code shall apply to the person placed in the forensic
conditional release program.
(f) If the court determines that the person should be transferred to
a state-operated forensic conditional release program, the community
program director, or his or her designee, shall make the necessary
placement arrangements and, within 21 days after receiving notice of the
court's finding, the person shall be placed in the community in accordance
with the treatment and supervision plan unless good cause for not doing so
is presented to the court.
(g) If the court rules against the committed person at the trial for
unconditional release from commitment, the court may place the committed
person on outpatient status in accordance with the procedures described in
Title 15 (commencing with Section 1600) of Part 2 of the Penal Code.
138 I Text of Proposed Laws* **
(h) If the court denies the petition to place the person in an appropriate
forensic conditional release program or if the petition for unconditional
discharge is denied, the person may not file a new application until one
year has elapsed from the date of the denial.
(i) In any hearing authorized by this section, the petitioner shall have
the burden of proof by a preponderance of the evidence.
(j) If the petition for conditional release is not made by the director
of the treatment facility to which the person is committed, no action on
the petition shall be taken by the court without first obtaining the written
recommendation of the director of the treatment facility.
(k) Time spent in a conditional release program pursuant to this
section shall not count toward the term of commitment under this article
unless the person is confined in a locked facility by the conditional release
program, in which case the time spent in a locked facility shall count
toward the term of commitment.
SEC. 31. Intent Clause
It is the intent of the People of the State of California in enacting this
measure to strengthen and improve the laws that punish and control sexual
offenders. It is also the intent of the People of the State of California that
if any provision in this act conflicts with any other provision of law that
provides for a greater penalty or longer period of imprisonment the latter
provision shall apply.
SEC. 32. Severability Clause
If any provision of this act, or part thereof, is for any reason held to be
invalid or unconstitutional, the remaining provisions shall not be affected,
but shall remain in full force and effect, and to this end the provisions of
this act are severable.
SEC. 33. Amendment Clause
The provisions of this act shall not be amended by the Legislature
except by a statute passed in each house by rollcall vote entered in the
journal, two-thirds of the membership of each house concurring, or by a
statute that becomes effective only when approved by the voters. However,
the Legislature may amend the provisions of this act to expand the scope
of their application or to increase the punishments or penalties provided
herein by a statute passed by majority vote of each house thereof.
PROPOSITION 84
This initiative measure is submitted to the people in accordance with
the provisions of Article II, Section 8, of the California Constitution.
This initiative measure adds sections to the Public Resources Code;
therefore, new provisions proposed to be added are printed in italic type to
indicate that they are new.
PROPOSED LAW
SECTION 1. Division 43 is added to the Public Resources Code,
to read:
DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY
AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL
PROTECTION BOND ACT OF 2006
CHAPTER I. GENERAL PROVISIONS
75001. This Division shall be known and may be cited as the Safe
Drinking Water, Water Quality and Supply, Flood Control, River and
Coastal Protection Bond Act of 2006.
75002. The people of California find and declare that protecting the
state's drinking water and water resources is vital to the public health, the
state's economy, and the environment.
75002.5. The people of California further find and declare that the
state's waters are vulnerable to contamination by dangerous bacteria,
polluted runoff toxic chemicals, damage from catastrophic floods and
the demands of a growing population. Therefore, actions must be taken to
ensure safe drinking water and a reliable supply of water for farms, cities
and businesses, as well as to protect California's rivers, lakes, streams,
beaches, bays and coastal waters, for this and future generations.
75003. The people of California further find and declare that it is(PROPOSITION 84 CONTINUED)
***TEXT OF PROPOSED LAWS
necessary and in the public interest to do all of the following:
(a) Ensure that safe drinking water is available to all Californians by:
(I) Providing for emergency assistance to communities with
contaminated sources of drinking water.
(2) Assisting small communities in making the improvements needed
in their water systems to clean up and protect their drinking water from
contamination.
(3) Providing grants and loans for safe drinking water and water
pollution prevention projects.
(4) Protecting the water quality of the Sacramento-San Joaquin
Delta, a key source of drinking water for 23 million Californians.
(5) Assisting each region of the state in improving local water supply
reliability and water quality.
(6) Resolving water-related conflicts, improving local and regional
water self-sufficiency and reducing reliance on imported water.
(b) Protect the public from catastrophic floods by identifying and
mapping the areas most at risk, inspecting and repairing levees and flood
control facilities, and reducing the long-term costs of flood management,
reducing future flood risk and maximizing public benefits by planning,
designing and implementing multi-objectiveflood corridor projects.
(c) Protect the rivers, lakes and streams of the state from pollution,
loss of water quality, and destruction offish and wildlife habitat.
(d) Protect the beaches, bays and coastal waters of the state for
future generations.
(e) Revitalizing our communities and making them more sustainable
and livable by investing in sound land use planning, local parks and urban
greening.
75003.5. The people of California further find and declare that the
growth in population of the state and the impacts of climate change pose
significant challenges. These challenges must be addressed through careful
planning and through improvements in land use and water management that
both reduce contributions to global warming and improve the adaptability
of our water and flood control systems. Improvements include better
integration of water supply, water quality, flood control and ecosystem
protection, as well greater water use efficiency and conservation to reduce
energy consumption.
75004. It is the intent of the people that investment of public funds
pursuant to this division should result in public benefits.
75005. As used in this division, the following terms have the
following meanings:
(a) 'Acquisition" means the acquisition of a fee interest or any other
interest in real property including easements, leases and development
rights.
(b) "Board" means the Wildlife Conservation Board.
(c) "California Water Plan" means the California Water Plan
Update Bulletin 160-05 and subsequent revisions and amendments.
(d) "Delta" means the Sacramento-San Joaquin River Delta.
(e) "Department" means the Department of Water Resources.
(f) "Development" includes, but is not limited to the physical
improvement of real property including the construction of facilities or
structures.
(g) "Disadvantaged community" means a community with a median
household income less than 80% of the statewide average. "Severely
disadvantaged community" means a community with a median household
income less than 60% of the statewide average.
(h) "Fund" means the Safe Drinking Water, Water Quality and
Supply, Flood Control, River and Coastal Protection Fund of 2006.
(0 "Interpretation" includes, but is not limited to, a visitor serving
amenity that educates and communicates the significance and value of
natural, historical, and cultural resources in a way that increases the
understanding and enjoyment of these resources and that may utilize
the expertise of a naturalist or other specialist skilled at educational
interpretation.
(j) "Local conservation corps" means a program operated by a
public agency or nonprofit organization that meets the requirements of
Section 14406.
(k) "Nonprofit organization" means any nonprofit corporation
qualified to do business in California, and qualified under Section
501 (c)(3) of the Internal Revenue Code.
(1) "Preservation" means rehabilitation, stabilization, restoration,
development, and reconstruction, or any combination of those activities.
(m) "Protection" means those actions necessary to prevent harm
or damage to persons, property or natural resources or those actions
necessary to allow the continued use and enjoyment of property or natural
resources and includes acquisition, development, restoration, preservation
and interpretation.
(n) "Restoration" means the improvement of physical structures
or facilities and, in the case of natural systems and landscape features
includes, but is not limited to, projects for the control of erosion, the
control and elimination of exotic species, prescribed burning, fuel hazard
reduction, fencing out threats to existing or restored natural resources,
road elimination, and other plant and wildlife habitat improvement to
increase the natural system value of the property. Restoration projects
shall include the planning, monitoring and reporting necessary to ensure
successful implementation of the project objectives.
(o) "Secretary" means the Secretary of the Resources Agency.
(p) "State Board" means the State Water Resources Control Board.
75009. The proceeds of bonds issued and sold pursuant to this
division shall be deposited in the Safe Drinking Water, Water Quality
and Supply, Flood Control, River and Coastal Protection Fund of 2006,
which is hereby created. Except as specifically provided in this division
the money shall be available for appropriation by the Legislature, in the
manner and for the purposes set forth in this division in accordance with
the following schedule:
(a) The sum of one billion five hundred twenty five million dollars
($1,525,000,000) for safe drinking water, water quality and other water
projects in accordance with the provisions of Chapter 2.
(b) The sum of eight hundred million dollars ($800,000,000) for
flood control projects in accordance with the provisions of Chapter 3.
(c) The sum of sixty five million dollars ($65,000,000) for statewide
water management in accordance with the provisions of Chapter 4.
(d) The sum of nine hundred twenty eight million dollars
($928,000,000) for the protection of rivers, lakes and streams in
accordance with the provisions of Chapter 5.
(e) The sum of four hundred fifty million dollars ($450,000,000)
for forest and wildlife conservation in accordance with the provisions of
Chapter 6.
(I) The sum of five hundred forty million dollars ($540,000,000)
for the protection of beaches, bays, and coastal waters and watersheds in
accordance with the provisions of Chapter Z
(g) The sum offive hundred million dollars ($500,000,000) for state
parks and nature education facilities in accordance with Chapter 8.
(h) The sum of five hundred eighty million dollars ($580,000,000)
for sustainable communities and climate change reduction projects in
accordance with Chapter 9.
CHAPTER 2. SAFE DRINKING WATER AND WATER
QUALITY PROJECTS
75020. This chapter is intended to provide the funds necessary to
address the most critical water needs of the state including the provision of
safe drinking water to all Californians, the protection of water quality and
the environment, and the improvement of water supply reliability.
75021. (a) The sum of ten million dollars ($10,000,000) shall
be available to the Department of Health Services for grants and direct
expenditures to fund emergency and urgent actions to ensure that safe
drinking water supplies are available to all Californians. Eligible projects
include, but are not limited to, the following:
(I) Providing alternate water supplies including bottled water where
necessary to protect public health.
(2) Improvements in existing water systems necessary to prevent
contamination or provide other sources of safe drinking water including
replacement wells.
(3) Establishing connections to an adjacent water system.
(4) Design, purchase, installation and initial operation costs for
water treatment equipment and systems.
* * * Text of Proposed Laws 1139TEXT OF PROPOSED LAWS * * *
(b) Grants and expenditures shall not exceed $250,000 per project.
(c) Direct expenditures for the purposes of this section shall be
exempt from contracting and procurement requirements to the extent
necessary to take immediate action to protect public health and safety.
75022. The sum ofone hundred eighty million dollars ($180,000,000)
shall be available to the Department of Health Services for grants for
small community drinking water system infrastructure improvements
and related actions to meet safe drinking water standards. Priority shall
be given to projects that address chemical and nitrate contaminants,
other health hazards and by whether the community is disadvantaged
or severely disadvantaged. Special consideration shall be given to small
communities with limited financial resources. Eligible recipients include
public agencies and incorporated mutual water companies that serve
disadvantaged communities. The Department of Health Services may
make grants for the purpose of financing feasibility studies and to meet
the eligibility requirements for a construction grant. Construction grants
shall be limited to $5,000,000 per project and not more than twenty five
percent of a grant may be awarded in advance of actual expenditures. The
Department of Health Services may expend up to $5,000,000 of the funds
allocated in this section for technical assistance to eligible communities.
75023. For the purpose of providing the state share needed to
leverage federal funds to assist communities in providing safe drinking
water, the sum of fifty million dollars ($50,000,000) shall be available
for deposit into the Safe Drinking Water State Revolving Fund (Section
116760.30 of the Health and Safety Code).
75024. For the purpose of providing the state share needed to
leverage federal funds to assist communities in making those infrastructure
investments necessci , ry to prevent pollution of drinking water sources, the
sum of eighty million dollars ($80,000,000) shall be available for deposit
into the State Water Pollution Control Revolving Fund (Section 13477 of
the Water Code).
75025. The sum of sixty million dollars ($60,000,000) shall be
available to the Department of Health Services for the purpose of loans
and grants for projects to prevent or reduce contamination of groundwater
that serves as a source of drinking water. The Department of Health
Services shall require repayment for costs that are subsequently recovered
from parties responsible for the contamination. The Legislature may enact
legislation necessary to implement this section.
75026. (a) The sum of one billion dollars ($1,000,000,000) shall
be available to the department for grants for projects that assist local
public agencies to meet the long term water needs of the state including the
delivery of safe drinking water and the protection of water quality and the
environment. Eligible projects must implement integrated regional water
management plans that meet the requirements of this section. Integrated
regional water management plans shall identify and address the major
water related objectives and conflicts within the region, consider all of
the resource management strategies identified in the California Water
Plan, and use an integrated, multi-benefit approach to project selection
and design. Plans shall include performance measures and monitoring
to document progress toward meeting plan objectives. Projects that may
be funded pursuant to this section must be consistent with an adopted
integrated regional water management plan or its functional equivalent
as defined in the department's Integrated Regional Water Management
Guidelines, must provide multiple benefits, and must include one or more
of the following project elements:
(I) Water supply reliability, water conservation and water use
efficiency.
(2) Storm water capture, storage, clean-up, treatment, and
management.
(3) Removal of invasive non-native species, the creation and
enhancement of wetlands, and the acquisition, protection, and restoration
of open space and watershed lands.
(4) Non-point source pollution reduction, management and
monitoring.
(5) Groundwater recharge and management projects.
(6) Contaminant and salt removal through reclamation, desalting,
and other treatment technologies and conveyance of reclaimed water for
distribution to users.
(7) Water banking, exchange, reclamation and improvement of
water quality.
140 I Text of Proposed Laws* * *
(8) Planning and implementation of multipurposeflood management
programs.
(9) Watershed protection and management.
(10) Drinking water treatment and distribution.
(II) Ecosystem and fisheries restoration and protection.
(b) The Department of Water Resources shall give preference to
proposals that satisfy the following criteria:
(I) Proposals that effectively integrate water management programs
and projects within a hydrologic region identified in the California Water
Plan; the Regional Water Quality Control Board region or subdivision or
other region or sub-region specifically identified by the department.
(2) Proposals that effectively integrate water management with land
use planning.
(3) Proposals that effectively resolve significant water-related
conflicts within or between regions.
(4) Proposals that contribute to the attainment of one or more of the
objectives of the CALFED Bay-Delta Program.
(5) Proposals that address statewide priorities.
(6) Proposals that address critical water supply or water quality
needs for disadvantaged communities within the region.
(c) Not more than 5% of the funds provided by this section may be
used for grants or direct expenditures for the development, updating or
improvement of integrated regional water management plans.
(d) The department shall coordinate the provisions of this section
with the program provided in Chapter 8 of Division 26.5 of the Water Code
and may implement this section using existing-Integrated-Regional Water
Management Guidelines.
75027. (a) The funding provided in Section 75026 shall be allocated
to each hydrologic region as identified in the California Water Plan and
listed below. For the South Coast Region, the department shall establish
three sub-regions that reflect the San Diego county watersheds, the Santa
Ana River watershed, and the Los Angeles—Ventura County watersheds
respectively, and allocate funds to those sub-regions. The North and
South Lahon tan regions shall be treated as one region for the purpose
of allocating funds, but the department may require separate regional
plans. Funds provided in Section 75026 shall be allocated according to the
following schedule:
(I) North Coast
$37,000,000
(2) San Francisco Bay $138,000,000
(3) Central Coast $52,000,000
(4) Los Angeles sub-region $215,000,000
(5) Santa Ana sub-region $114,000,000
(6) San Diego sub-region $91,000,000
(7) Sacramento River $73,000,000
(8) San Joaquin River $57,000,000
(9) Tulare/Kern (Tulare Lake) $60,000,000
(10) North/South Lahontan $27,000,000
(11) Colorado River Basin $36,000,000
(12) Inter-regional/Unallocated $100,000,000
(b) The interregional and unallocated funds provided in subdivision
(a) may be expended directly or granted by the department to address
multi-regional needs or issues of statewide significance.
75028. (a) The department shall allocate grants on a competitive
basis within each identified hydrologic region or sub-region pursuant to
Section 75027. The department may establish standards and procedures
for the development and approval of local project selection processes
within hydrologic regions and sub-regions identified in Section 75027.
The department shall defer to approved local project selection, and review
projects only for consistency with the purposes of Section 75026.
(b) If a hydrologic region or sub-region identified in Section 75027
does not have any adopted plan that meets the requirements of Section
75026 at the time of the department's grant selection process, the funds
allocated to that hydrologic region or sub-region shall not be reallocated
to another region but will remain unallocated until such time as an
adopted plan from the hydrologic region or sub-region is submitted to the
department.
75029. The sum of one hundred thirty million dollars ($130,000,000)(PROPOSITION 84 CONTINUED)
***TEXT OF PROPOSED LAWS
shall be available to the department for grants to implement Delta water
quality improvement projects that protect drinking water supplies. The
department shall require a cost share from local agencies. Eligible
projects are:
(a) Projects that reduce or eliminate discharges of salt, dissolved
organic carbon, pesticides, pathogens and other pollutants to the San
Joaquin River. Not less than forty million ($40,000,000) shall be available
to implement projects to reduce or eliminate discharges of subsurface
agricultural drain water from the west side of the San Joaquin Valley for
the purpose of improving water quality in the San Joaquin River and the
Delta.
(b) Projects that reduce or eliminate discharges of bromide,
dissolved organic carbon, salt, pesticides and pathogens from discharges
to the Sacramento River.
(c) Projects at Franks Tract and other locations in the Delta that
will reduce salinity or other pollutants at agricultural and drinking water
intakes.
(d) Projects identified in the June 2005 Delta Region Drinking Water
Quality Management Plan, with a priority for design and construction of
the relocation of drinking water intake facilities for in-delta water users.
75029.5. The sum of fifteen million dollars ($15,000,000) shall be
available to the state board for grants to public agencies and non-profit
organizations for projects that reduce the discharge of pollutants from
agricultural operations into surface waters of the state.
75030. This chapter is intended to provide the funding needed
to address short term flood control needs such as levee inspection and
evaluation, floodplain mapping and improving the effectiveness of
emergency response, and providing funding for critical immediate flood
control needs throughout the state. It is also intended to provide aframework
to support long term strategies that will require the establishment of more
effective levee maintenance programs, better floodplain management
and more balanced allocation of liability and responsibility between the
federal, state and local governments.
75031. The sum of thirty million dollars ($30,000,000) shall
be available to the department for the purposes of floodplain mapping,
assisting local land-use planning, and to avoid or reduce futureflood risks
and damages. Eligible projects include, but are not limited to:
(a) Mappingfloodplains.
(b) Mapping rural areas with potential for urbanization.
(c) Mapping and identification of flood risk in high density urban
areas.
(d) Mapping flood hazard areas.
(e) Updating outdated floodplain maps.
09 Mapping of riverine floodplains, alluvial fans, and coastal flood
hazard areas.
(g) Collecting topographic and hydrographic survey data.
75032. The sum of two hundred seventy five million dollars
($275,000,000) shall be available to the department for the followingflood
control projects:
(a) The inspection and evaluation of the integrity and capability
of existing flood control project facilities and the development of an
economically viable flood control rehabilitation plan.
(b) Improvement, construction, modification, and relocation of
flood control levees, weirs, or bypasses including repair of critical bank
and levee erosion.
(c) Projects to improve the department's emergency response
capability.
(d) Environmental mitigation and infrastructure relocation costs
related to projects under this section.
(e) To the extent feasible, the department shall implement a multi-
objective management approach for floodplains that would include, but
not be limited to, increased flood protection, ecosystem restoration, and
farmland protection.
75032.4. Notwithstanding Section 13340 of the Government
Code, the funds allocated in Sections 75031 and 75032 are continuously
appropriated to the department for the purposes of those sections.
75032.5. The sum of forty million dollars ($40,000,000) shall be
available to the department for Flood Protection Corridor projects that
are consistent with Water Code Section 79037.
75033. The sum of two hundred seventy five million dollars
($275,000,000) shall be available to the department for flood control
projects in the Delta designed to increase the department's ability to
respond to levee breaches and to reduce the potential for levee failures.
The funds provided by this section shall be available for the following
purposes:
(a) Projects to improve emergency response preparedness.
(b) Local assistance under the delta levee maintenance subventions
program under Part 9 (commencing with Section 12980) of Division 6 of
the Water Code.
(c) Special flood protection projects under Chapter 2 (commencing
with Section 12310) of Part 4.8 of Division 6 of the Water Code, including
projects for the acquisition, preservation, protection and restoration of
Delta lands for the purpose offlood control and to meet multiple objectives
such as drinking water quality ecosystem restoration and water supply
reliability.
(d) All projects shall be subject to the provisions of Water Code
Section 79050.
75034. The sum ofone hundred eighty million dollars ($180,000,000)
shall be available to the department for the purposes of funding the
state's share of the nonfederal costs offlood control and flood prevention
projects for which assurances required by the federal government have
been provided by a local agency and which have-been-authorized under
the State Water Resources Law of 1945 (Chapter 1 (commencing with
Section 12570) and Chapter 2 (commencing with Section 12639) of Part 6
of Division 6 of the Water Code), the Flood Control Law of 1946 (Chapter
3 (commencing with Section 12800) of Part 6 of Division 6 of the Water
Code), and the California Watershed Protection and Flood Prevention Law
(Chapter 4 (commencing with Section 12850) of Part 6 of Division 6 of the
Water Code), including the credits and loans to local agencies pursuant
to Sections 12585.3 and 12585.4, subdivision (d) of Section 12585.5, and
Sections 12866.3 and 12866.4 of the Water Code, and to implement Chapter
3.5 (commencing with Section 12840) of Part 6 of Division 6 of the Water
Code. Projects eligible for funding pursuant to this section shall comply
with the requirements of AB 1147 (Statutes of 2000, Chapter 1071).
CHAPTER 4. STATEWIDE WATER PLANNING AND DESIGN
75041. The sum of sixty five million dollars ($65,000,000) shall be
available to the department for planning and feasibility studies related
to the existing and potential future needs for California's water supply,
conveyance and flood control systems. The studies shall be designed to
promote integrated, multi-benefit approaches that maximize the public
benefits of the overall system including protection of the public from
floods, water supply reliability, water quality, and fish, wildlife and habitat
protection and restoration. Projects to be funded include:
(a) Evaluation of climate change impacts on the state's water
supply and flood control systems and the development of system redesign
alternatives to improve adaptability and public benefits.
(b) Surface water storage planning and feasibility studies pursuant
to the CALFED Bay-Delta Program.
(c) Modeling and feasibility studies to evaluate the potential for
improving flood protection and water supply through coordinating
groundwater storage and reservoir operations.
(d) Other planning and feasibility studies necessary to improve the
integration offlood control and water supply systems.
CHAPTER 5. PROTECTION OF RIVERS, LAKES AND STREAMS
75050. The sum of nine hundred twenty eight million dollars
($928,000,000) shall be available for the protection and restoration of
rivers, lakes and streams, their watersheds and associated land, water,
and other natural resources in accordance with the following schedule:
(a) The sum of one hundred eighty million dollars ($180,000,000)
shall be available to the Department of Fish and Game, in consultation with
the department, for Bay-Delta and coastal fishery restoration projects. Of
CHAPTER 3. FLOOD CONTROL
84
13,
* ** Text of Proposed Laws 1141TEXT OF PROPOSED LAWS * * *
the funds provided in this section, up to $20,000,000 shall be available
for the development of a natural community conservation plan for the
CALFED Bay-Delta Program and up to $45,000,000 shall be available for
coastal salmon and steelhead fishery restoration projects that support the
development and implementation of species recovery plans and strategies
for salmonid species listed as threatened or endangered under state or
federal law.
(b) The sum of ninety million dollars ($90,000,000) shall be
available for projects related to the Colorado River in accordance with
the following schedule:
(I) Not more than $36,000,000 shall be available to the department
for water conservation projects that implement the Allocation Agreement
as defined in the Quantification Settlement Agreement.
(2) Not more than $7,000,000 shall be available to the Department
of Fish and Game for projects to implement the Lower Colorado River
Multi-Species Habitat Conservation Plan.
(3) $47,000,000 shall be available for deposit into the Salton Sea
Restoration Fund.
(c) The sum of fifty four million dollars ($54,000,000) shall be
available to the department for development, rehabilitation, acquisition,
and restoration costs related to providing public access to recreation
and fish and wildlife resources in connection with state water project
obligations pursuant to Water Code Section 11912.
(d) The sum of seventy two million dollars ($72,000,000) shall be
available to the secretary for projects in accordance with the California
River Parkways Act of 2004 Chapter 3.8 (commencing with Section 5750)
of Division 5. Up to $10,000,000 may be-transferred to the Department-of
Conservation for the Watershed Coordinator Grant Program.
(e) The sum of eighteen million dollars ($18,000,000) shall be
available to the department for the Urban Streams Restoration Program
pursuant to Water Code Section 7048.
(ft The sum of thirty six million dollars ($36,000,000) shall
be available for river parkway projects to the San Joaquin River
Conservancy.
(g) The sum of seventy two million dollars ($72,000,000) shall be
available for projects within the watersheds of the Los Angeles and San
Gabriel Rivers according to the following schedule:
(I) $36,000,000 to the San Gabriel and Lower Los Angeles Rivers
and Mountains Conservancy pursuant to Division 22.8 (commencing with
Section 32600).
(2) $36,000,000 to the Santa Monica Mountains Conservancy
for implementation of watershed protection activities throughout the
watershed of the Upper Los Angeles River pursuant to Section 79508 of
the Water Code.
(h) The sum of thirty six million dollars ($36,000,000) shall be
available for the Coachella Valley Mountains Conservancy.
(i) The sum of forty five million dollars ($45,000,000) shall be
available for projects to expand and improve the Santa Ana River Parkway.
Project funding shall be appropriated to the State Coastal Conservancy
for projects developed in consultation with local government agencies
participating in the development of the Santa Ana River Parkway. Of
the amount provided in this paragraph the sum of thirty million dollars
($30,000,000) shall be equally divided between projects in Orange, San
Bernardino and Riverside Counties.
(I) The sum of fifty four million dollars ($54,000,000) shall be
available for the Sierra Nevada Conservancy.
(k) The sum of thirty six million dollars ($36,000,000) shall be
available for the California Tahoe Conservancy.
(1) The sum of forty five million dollars ($45,000,000) shall be
available to the California Conservation Corps for resource conservation
and restoration projects and for facilities acquisition, development,
restoration, and rehabilitation and for grants and state administrative
costs, in accordance with the following schedule:
(I) The sum of twenty five million dollars ($25,000,000) shall be
available for projects to improve public safety and improve and restore
watersheds including regional and community fuel load reduction projects
on public lands, and stream and river restoration projects. Not less than 50%
of these funds shall be in the form of grants to local conservation corps.
(2) The sum of twenty million dollars ($20,000,000) shall be
available for grants to local conservation corps for acquisition and
development of facilities to support local conservation corps programs,
and for local resource conservation activities.
(m) The sum of ninety million dollars ($90,000,000) to the state
board for matching grants to local public agencies for the reduction and
prevention of stormwater contamination of rivers, lakes, and streams. The
Legislature may enact legislation to implement this subdivision.
(n) The sum of one hundred million dollars ($100,000,000) shall
be available to the secretary for the purpose of implementing a court
settlement to restore flows and naturally-reproducing and self-sustaining
populations of salmon to the San Joaquin River between Friant Dam and
the Merced River. These funds shall be availablefor channel and structural
improvements, and related research pursuant to the court settlement. The
secretary is authorized to enter into a cost-sharing agreement with the
United States Secretary of the Interior and other parties, as necessary, to
implement this provision.
CHAPTER 6. FOREST AND WILDLIFE CONSERVATION
75055. The sum offour hundred fifty million dollars ($450,000,000)
shall be available for the protection and conservation offorests and wildlife
habitat according to the following schedule:
(a) Notwithstanding Section 13340 of the Government Code, the
sum of one hundred eighty million dollars ($180,000,000) is continuously
appropriated to the board for forest conservation and protection projects.
The goal of this grant program is to promote the ecological integrity and
economic stability of California's diverse native forests for all their public
benefits through forest conservation, preservation and restoration of
productive-managed-forest- lands, forest reserve areas, redwood forests
and other forest types, including the conservation of water resources and
natural habitats for native fish, wildlife and plants found on these lands.
(b) (I) Notwithstanding Section 13340 of the Government Code, the
sum of one hundred thirty five million dollars ($135,000,000) is hereby
continuously appropriated to the board for the development, rehabilitation,
restoration, acquisition and protection of habitat that accomplishes one or
more of the following objectives:
(A) Promotes the recovery of threatened and endangered species.
(B) Provides corridors linking separate habitat areas to prevent
fragmentation.
(C) Protects significant natural landscapes and ecosystems such as
old growth redwoods, mixed conifer forests and oak woodlands, riparian
and wetland areas, and other significant habitat areas.
(D) Implements the recommendations of California Comprehensive
Wildlife Strategy, as submitted October 2005 to the United States Fish and
Wildlife Service.
(2) Funds authorized by this subdivision may be used for direct
expenditures or for grants and for related state administrative costs,
pursuant to the Wildlife Conservation Law of 1947, Chapter 4 (commencing
with Section 1300) of Division 2 of the Fish and Game Code, the Oak
Woodland Conservation Act, Article 3.5 (commencing with Section 1360)
of Chapter 4 of Division 2 of the Fish and Game Code, and the California
Rangeland, Grazing Land and Grassland Protection Act, commencing
with Section 10330 of Division 10.4. Funds scheduled in this subdivision
may be used to prepare management plans for properties acquired by the
Wildlife Conservation Board and for the development of scientific data,
habitat mapping and other research information necessary to determine
the priorities for restoration and acquisition statewide.
(3) Up to twenty five million dollars ($25,000,000) may be granted
to the University of California for the Natural Reserve System for matching
grants for land acquisition and for the construction and development
of facilities that will be used for research and training to improve the
management of natural lands and the preservation of California's wildlife
resources.
(c) The sum of ninety million dollars ($90,000,000) shall be
available to the board for grants to implement or assist in the establishment
of Natural Community Conservation Plans, Chapter 10 (commencing with
Section 2800) of Division 3 of the Fish and Game Code.
(d) The sum of forty five million dollars ($45,000,000) shall be
available for the protection of ranches, farms, and oak woodlands
according the following schedule:
(I) Grazing land protection pursuant to the California Rangeland,
Grazing Land and Grassland Protection Act, commencing with Section
142 1 Text of Proposed Laws***
2.°)(PROPOSITION 84 CONTINUED)
***TEXT OF PROPOSED LAWS
10330 of Division 10.4 $15,000,000.
(2) Oak Woodland Preservation pursuant to Article 3.5 (commencing
with Section 1360) of Chapter 4 of Division 2 of the Fish and Game
Code.. $15,000,000.
(3) Agricultural land preservation pursuant to the California
Farmland Conservancy Program Act of 1995, Article 1 (commencing with
Section 10200) of Division 10.2 $10,000,000.
(4) To the board for grants to assist farmers in integrating
agricultural activities with ecosystem restoration and wildlife
protection $5,000,000.
CHAPTER 7. PROTECTION OF BEACHES, BAYS AND
COASTAL WATERS
75060. The sum offive hundred forty million dollars ($540,000,000)
shall be available for the protection ofbeaches, bays and coastal waters and
watersheds, including projects to prevent contamination and degradation
of coastal waters and watersheds, projects to protect and restore the
natural habitat values of coastal waters and lands, and projects and
expenditures to promote access to and enjoyment of the coastal resources
of the state, in accordance with the following schedule:
(a) The sum ofninety million dollars ($90,000,000) shall be available
to the state board for the purpose of matching grants for protecting beaches
and coastal waters from pollution and toxic contamination pursuant to the
Clean Beaches Program, Chapter 3 (commencing with Section 30915) of
Division 20.4. Not less than $35,000,000 shall be for grants to local public
agencies to assist those agencies to comply with the discharge prohibition
into Areas of Special Biological Significance contained in the California
Ocean Plan. Not less than 20% of the funds allocated by this subdivision
shall be available to the Santa Monica Bay Restoration Commission.
(b) The sum of one hundred thirty five million dollars ($135,000,000)
shall be available for the State Coastal Conservancy for expenditure
pursuant to Division 21.
(c) The sum of one hundred eight million dollars ($108,000,000)
shall be available for the San Francisco Bay Area Conservancy Program
pursuant to Chapter 4.5 of Division 21. Not less than 20% of the funds
allocated by this paragraph shall be expended on projects in watersheds
draining directly to the Pacific Ocean.
(d) The sum of forty five million dollars ($45,000,000) for the
protection of the Santa Monica Bay and its watersheds shall be available
as follows:
(1) To the Santa Monica Mountains Conservancy pursuant to
Division 23 (commencing with Section 33000) $20,000,000.
(2) To the Baldwin Hills Conservancy for the protection of the
Ballona Creek/Baldwin Hills watershed $10,000,000.
(3) To the Rivers and Mountains Conservancy $15,000,000.
(e) The sum of forty five million dollars ($45,000,000) for the
protection of Monterey Bay and its watersheds shall be available to the
State Coastal Conservancy.
(I) The sum of twenty seven million dollars ($27,000,000) for the
protection of San Diego Bay and adjacent watersheds shall be available to
the State Coastal Conservancy.
(g) The sum of ninety million dollars ($90,000,000) shall be
allocated to the California Ocean Protection Trust Fund (Chapter 4
(commencing with Section 35650) of Division 26.5) and available for the
purposes of projects consistent with Section 35650. Priority projects shall
include the development of scientific data needed to adaptively manage
the state's marine resources and reserves, including the development of
marine habitat maps, the development and implementation of projects to
foster sustainable fisheries using loans and grants, and the development
and implementation of projects to conserve marine wildlife.
CHAPTER 8. PARKS AND NATURE EDUCATION FACILITIES
75063. The sum of five hundred million dollars ($500,000,000)
shall be available to provide public access to the resources of the State
of California, including its rivers, lakes and streams, its beaches, bays
and coastal waters, to protect those resources for future generations, and
to increase public understanding and knowledge of those resources, in
accordance with the following schedule:
11)
(a) The sum of four hundred million dollars ($400,000,000) shall
be available to the Department of Parks and Recreation for development,
acquisition, interpretation, restoration and rehabilitation of the state
park system and its natural, historical, and visitor serving resources. The
Department of Parks and Recreation shall include the following goals in
setting spending priorities for the funds appropriated pursuant to this
section:
(1) The restoration, rehabilitation and improvement of existing state
park system lands and facilities.
(2) The expansion of the state park system to reflect the growing
population and shifting population centers and needs of the state.
(3) The protection of representative natural resources based on the
criteria and priorities identified in Section 75071.
(b) The sum of one hundred million dollars ($100,000,000) shall
be available to the Department of Parks and Recreation for grants
for nature education and research facilities and equipment to non-
profit organizations and public institutions, including natural history
museums, aquariums, research facilities and botanical gardens. Eligible
institutions include those that combine the study of natural science with
preservation, demonstration and education programs that serve diverse
populations, institutions that provide collections and programs related
to the relationship of Native American cultures to the environment, and
institutions for marine wildlife conservation research. Grants may be used
for buildings, structures and exhibit galleries that present the collections
to inspire and educate the public and for marine wildlife conservation
research equipment and facilities.
CHAPTER 9. SUSTAINABLE COMMUNITIES AND CLIMATE
CHANGE REDUCTION
75065. The sum offive hundred eighty million dollars ($580,000,000)
shall be available for improving the sustainability and livability of
California's communities through investment in natural resources. The
purposes of this chapter include reducing urban communities' contribution
to global warming and increasing their adaptability to climate change
while improving the quality of life in those communities. Funds shall be
available in accordance with the following schedule:
(a) The sum of ninety million dollars ($90,000,000) shall be available
for urban greening projects that reduce energy consumption, conserve
water, improve air and water quality, and provide other community
benefits. Priority shall be given to projects that provide multiple benefits,
use existing public lands, serve communities with the greatest need, and
facilitate joint use of public resources and investments including schools.
Implementing legislation shall provide for planning grants for urban
greening programs. Not less than $20,000,000 shall be available for
urban forestry projects pursuant to the California Urban Forestry Act,
Chapter 2 (commencing with Section 4799.06) of Part 2.5 of Division I.
(b) The sum of four hundred million dollars ($400,000,000) shall
be available to the Department of Parks and Recreation for competitive
grants for local and regional parks. Funds provided in this subdivision
may be allocated to existing programs or pursuant to legislation enacted
to implement this subdivision, subject to the following considerations:
(I) Acquisition and development of new parks and expansion of
overused parks that provide park and recreational access to underserved
communities shall be given preference.
(2) Creation of parks in neighborhoods where none currently exist
shall be given preference.
(3) Outreach and technical assistance shall be provided to
underserved communities to encourage full participation in the program
or programs.
(4) Preference shall be given to applicants that actively involve
community based groups in the selection and planning of projects.
(5) Projects will be designed to provide efficient use of water and
other natural resources.
(c) The sum ofninety million dollars ($90,000,000) shall be available
for planning grants and planning incentives, including revolving loan
programs and other methods to encourage the development of regional
and local land use plans that are designed to promote water conservation,
reduce automobile use and fuel consumption, encourage greater infill and
compact development, protect natural resources and agricultural lands,
and revitalize urban and community centers.
* * Text of Proposed Laws I 143TEXT OF PROPOSED LAWS * * *
75066. Appropriation of the funds provided in subdivisions (a) and
(c) of Section 75065 may only be made upon enactment of legislation to
implement that subdivision.
CHAPTER 10. MISCELLANEOUS PROVISIONS
75070. Every proposed activity or project to be financed pursuant
to this division shall be in compliance with the California Environmental
Quality Act, Division 13 (commencing with Section 21000).
75070.4. Acquisitions of real property pursuant to Chapters 5, 6, 7,
8, and 9 shall be from willing sellers.
75070.5. Not more than 5% of the funds allocated to any program
in this division may be used to pay the costs incurred in the administration
of that program.
75071. In evaluating potential projects that include acquisition or
restoration for the purpose of natural resource protection, the Department
of Parks and Recreation, the board, and the State Coastal Conservancy
shall give priority to projects that demonstrate one or more of the following
characteristics:
(a) Landscape/Habitat Linkages: properties that link to, or
contribute to linking, existing protected areas with other large blocks of
protected habitat. Linkages must serve to connect existing protected areas,
facilitate wildlife movement or botanical transfer, and result in sustainable
combined acreage.
(b) Watershed Protection: projects that contribute to long-term
protection of and improvement to the water and biological quality of the
streams, aq_uffers, and terrestrial resources of priority watersheds of
the major biological regions of the state as identified by the Resources
Agency.
(c) Properties that support relatively large areas of under-protected
major habitat types.
(d) Properties that provide habitat linkages between two or more
major biological regions of the state.
(e) Properties for which there is a non-state matching contribution
toward the acquisition, restoration, stewardship or management costs.
Matching contributions can be either monetary or in the form of services,
including volunteer services.
(D At least fourteen days before approving an acquisition project
funded by this division, an agency subject to this section shall submit to the
Resources Agency and post on its website an explanation as to whether and
how the proposed acquisition meets criteria established in this section.
75071.5. The Department of Parks and Recreation, the board,
and the State Coastal Conservancy shall work with the United States
Department of Defense to coordinate the development of buffer areas
around military facilities that facilitate the continued operation of those
facilities and promote the conservation and recreation goals of the state.
To the extent consistent with this division, agencies may provide funding to
support projects that meet the purposes of this section.
75072. Up to 10 percent offunds allocated for each program funded
by this division may be used to finance planning and monitoring necessary
for the successful design, selection, and implementation of the projects
authorized under that program. This provision shall not otherwise restrict
funds ordinarily used by an agency for "preliminary plans," "working
drawings," and "construction" as defined in the Annual Budget Act for
a capital outlay project or grant project. Water quality monitoring shall
be integrated into the Surface Water Ambient Monitoring Program
administered by the state board.
75072.5. For the purposes of Section 75060(e), "Monterey Bay and
its watersheds" shall be considered to be watersheds of those rivers and
streams in Santa Cruz and Monterey Counties flowing to the Monterey Bay
southward to, and including, the Carmel River watershed.
75072.6. For purposes of Section 75060(1), "San Diego Bay and
adjacent watersheds" includes the coastal and bay watersheds within San
Diego County.
75072.7. For purposes of Section 75060(d), "Santa Monica Bay
and watershed" includes the coastal and bay watersheds in Ventura and
Los Angeles Counties from Calleguas Creek southward to the San Gabriel
River.
75073. Funds scheduled in Chapter 5, 6, 7 and 8 of this division
that are not designated for competitive grant programs may also be used
144 I Text of Proposed Laws * * *
for the purposes of reimbursing the General Fund, pursuant to the Natural
Heritage Preservation Tax Credit Act of 2000 (Division 28 (commencing
with Section 37000)).
75074. In enacting Chapters 5, 6, 7 and 8 of this division it is the
intent of the people that when a project or program is funded herein, funds
for such program or project may be used to the full extent authorized by the
statute governing the program or conservancy receiving such funds.
75075. The body awarding any contract for a public works project
financed in any part from funds made available pursuant to this division
shall adopt and enforce, or contract with a third party to enforce, a labor
compliance program pursuant to subdivision (b) of Labor Code Section
1771.5 for application to that public works project.
75076. 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 and adoption of program guidelines and selection criteria
adopted pursuant to this chapter.
75077. Funds provided pursuant to this chapter, and any
appropriation or transfer of those funds, shall not be deemed to be a
transfer offunds for the purposes of Chapter 9 (commencing with Section
2780) of Division 3 of the Fish and Game Code.
75078. The Secretary shall provide for an independent audit
of expenditures pursuant to this division to ensure that all moneys are
expended in accordance with the requirements of this division. The
secretary shall publish a list of all program and project expenditures
pursuant to this division not less than annually, in written form, and shall
post an electronic form of the list on the Resources Agency's Internet
Website.
75079. The Secretary shall appoint a citizen advisory committee
to review the annual audit and to identify and recommend actions to
ensure that the intent and purposes of this division are met by the agencies
responsible for implementation of this division.
CHAPTER 11. FISCAL PROVISIONS
75080. Bonds in the total amount of five billion three hundred and
eighty eight million dollars ($5,388,000,000), not including the amount of
any refunding bonds issued in accordance with Section 75088, or so much
thereof as is necessary, may be issued and sold to be used for carrying
out the purposes set forth in this division and to be used to reimburse the
General Obligation Bond Expense Revolving Fund pursuant to Section
16724.5 of the Government Code. The bond proceeds shall be deposited in
the Safe Drinking Water, Water Quality and Supply, Flood Control, River
and Coastal Protection Fund of 2006 created by Section 75009. The bonds
shall, when sold, be and constitute a valid and binding obligation of the
State of California, and the fullfaith and credit of the State of California is
hereby pledged for the punctual payment of both principal of and interest
on the bonds as they become due and payable.
75081. The bonds authorized by this division shall be prepared,
executed, issued, sold, paid, and redeemed as provided in the State
General Obligation Bond Law, Chapter 4 (commencing with Section
16720) of Part 3 of Division 4 of Title 2 of the Government Code, and all
provisions of that law shall apply to the bonds and to this division and are
hereby incorporated in this division by this reference as though fully set
forth in this division.
75082. (a) Solely for the purpose of authorizing the issuance and
sale, pursuant to the State General Obligation Bond Law, of the bonds
authorized by this division, the Safe Drinking Water, Water Quality and
Supply, Flood Control, River and Coastal Protection Finance Committee
is hereby created. For purposes of this division, the Safe Drinking Water,
Water Quality and Supply, Flood Control, River and Coastal Protection
Finance Committee is "the committee" as that term is used by the
State General Obligation Bond Law. The committee shall consist of the
Controller, the Director of Finance, and the Treasurer, or their designated
representatives. The Treasurer shall serve as chairperson of the committee.
A majority of the committee may act for the committee.
(b) For purposes of this chapter and the State General Obligation
Bond Law, the secretary is designated as "the board."
75083. The committee shall determine whether or not it is necessary
or desirable to issue bonds authorized pursuant to this division in order
to carry out the actions specified in this division and, if so, the amount of
bonds to be issued and sold. Successive issues of bonds may be authorized
.31(PROPOSITION 84 CONTINUED)
***TEXT OF PROPOSED LAWS
and sold to carry out those actions progressively, and it is not necessary
that all of the bonds authorized lobe issued be sold at any one time.
75084. There shall be collected annually in the same manner and
at the same time as other state revenue is collected, in addition to the
ordinary revenues of the state, a sum in an amount required to pay the
principal of and interest on, the bonds maturing each year, and it is the
duty of all officers charged by law with any duty in regard to the collection
of the revenue to do so and perform each and every act that is necessary to
collect that additional sum.
75085. Notwithstanding Section 13340 of the Government Code,
there is hereby appropriated from the General Fund, for purposes of this
division, an amount that will equal the total of the following:
(a) The sum annually necessary to pay the principal of and interest
on, bonds issued and sold pursuant to this division, as the principal and
interest become due and payable.
(b) The sum which is necessary to carry out the provisions of Section
75086, appropriated without regard to fiscal years.
75086. For the purposes of carrying out this division, the Director
of Finance may authorize the withdrawal from the General Fund of an
amount or amounts not to exceed the amount of the unsold bonds that have
been authorized to be sold for the purpose of carrying out this division.
Any amounts withdrawn shall be deposited in the fund. Any money made
available under this section shall be returned to the General Fund, plus
the interest that the amounts would have earned in the Pooled Money
Investment Account, from money received from the sale of bonds that
would otherwise be deposited in that fund.
75087 All--money-derived-from premium and accrued interest on bonds sold shall be reserved and shall be available for transfer to the
General Fund as a credit to expenditures for bond interest.
75088. Any bonds issued or sold pursuant to this division may be
refunded by the issuance of refunding bonds in accordance with Article
6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4
of Title 2 of the Government Code. Approval by the electors of the state
for the issuance of the bonds shall include approval of the issuance of
any bonds issued to refund any bonds originally issued or any previously
issued refunding bonds.
75090. The people of California hereby find and declare that
inasmuch as the proceeds from the sale of bonds authorized by this
division are not "proceeds of taxes" as that term is used in Article XIH B
of the California Constitution, the disbursement of these proceeds is not
subject to the limitation imposed by that article.
SEC. 2. If any provision of this Act or the application thereof is held
invalid, that invalidity shall not affect other provisions or applications of the
act which can be given effect without the invalid provision or application,
and to this end the provisions of this act are severable.
SEC. 3. This Act is an exercise of the public power of the People of
the State of California for the protection of their health, safety, and welfare
and shall be liberally construed to effectuate those purposes.
PROPOSITION 85
This initiative measure is submitted to the people in accordance with
the provisions of Article II, Section 8 of the California Constitution.
This initiative measure expressly amends the California Constitution
by adding a section thereto; therefore, new provisions proposed to be added
are printed in italic type to indicate that they are new.
PROPOSED LAW
SECTION 1. Title
This measure shall be known and may be cited as the Parents' Right
to Know and Child Protection Initiative.
SEC. 2. Declaration of Findings and Purposes
The people of California have a special and compelling interest in
and responsibility for protecting the health and well-being of children,
ensuring that parents are properly informed of potential health-related
risks and medical decisions involving their children, and promoting and
enabling parental care and responsibility.
SEC. 3. Parental Notification
Section 32 is added to Article I of the California Constitution, to read:
SEC. 31. (a) For purposes of this section, the following terms shall
be defined to mean:
(I) Abortion" means the use of any means to terminate the
pregnancy of an unemancipated minor known to be pregnant, except for
the purpose of producing a live birth. 'Abortion" shall not include the use
of any contraceptive drug or device.
(2) "Medical emergency" means a condition which, on the basis of
the physician's good-faith clinical judgment, so complicates the medical
condition of a pregnant unemancipated minor as to necessitate the
immediate abortion of her pregnancy to avert her death or for which a
delay will create serious risk of substantial and irreversible impairment of
a major bodily function.
(3) "Notice" means a written notification, signed and dated by a
physician or his or her agent and addressed to a parent or guardian of
an unemancipated minor, informing the parent or guardian that she is
pregnant and that she has requested an abortion.
(4) "Parent or guardian" means a person who, at the time notice or
waiver is required under this section, is either a parent if both parents have
legal custody, or the parent or person having legal custody, or the legal
guardian of an unemancipated minor.
(5) "Unemancipated minor" means afemale under the age of 18 years
who has not entered into a valid marriage and is not on active duty with the
armed services of the United States and has not received a declaration of
emancipation under state law. For the purposes of this section, pregnancy
does not emancipate a female-under-the age of 18 years. (6) "Physician" means any person authorized under the statutes
and regulations of the State of California to perform an abortion upon an
unemancipated minor.
(b) Notwithstanding Section I of Article I, or any other provision of
this Constitution or law to the contrary and except in a medical emergency
as provided for in subdivision (1), a physician shall not perform an
abortion upon a pregnant unemancipated minor until the physician or the
physician's agent has provided written notice to her parent or guardian
personally as provided for in subdivision (c) and a reflection period of at
least 48 hours has elapsed after personal delivery of notice; or until the
physician can presume that notice has been delivered by mail as provided
in subdivision (d) and a reflection period of at least 48 hours has elapsed
after presumed delivery of notice by mail; or until the physician or the
physician's agent has received a valid written waiver of notice as provided
for in subdivision (e); or until the physician has received a copy of a waiver
of notification from the court as provided in subdivision (h), (i), or (1). A
copy of any notice or waiver shall be retained with the unemancipated
minor's medical records. The physician or the physician's agent shall
inform the unemancipated minor that her parent or guardian may receive
notice as provided for in this section.
(c) The written notice shall be delivered to the parent or guardian
personally by the physician or the physician's agent unless delivered
by mail, as provided in subdivision (d). A form for the notice shall be
prescribed by the State Department of Health Services. The notice form
shall be bilingual, in English and Spanish, and also available in English
and each of the other languages in which California Official Voter
Information Guides are published.
(d) The written notice may be delivered by certified mail addressed
to the parent or guardian at the parent's or guardian's last known address
with return receipt requested and restricted delivery to the addressee. To
help ensure timely notice, a copy of the written notice shall also be sent at
the same time by first-class mail to the parent or guardian. Notice can only
be presumed to have been delivered under the provisions of this subdivision
at noon of the second day after the written notice sent by certified mail was
postmarked, not counting any days on which regular mail delivery does
not take place.
(e) Notice of an unemancipated minor's intent to obtain an abortion
and the reflection period of at least 48 hours may be waived by her parent
or guardian. The waiver must be in writing, on a form prescribed by the
State Department of Health Services, signed by a parent or guardian,
dated, and notarized. The parent or guardian shall specify on the form that
the waiver is valid for 30 days, or until a specified date, or until the minor's
eighteenth birthday. The written waiver need not be notarized if the parent
* **Text of Proposed Laws I 145