The URL can be used to link to this page

Home My WebLink About2017-03-08 e-packet@7:00Wednesday, March 8, 2017 7:00 PM City of South San Francisco P.O. Box 711 South San Francisco, CA Municipal Services Building, Council Chambers 33 Arroyo Drive, South San Francisco, CA City Council Regular Meeting Agenda March 8, 2017City Council Regular Meeting Agenda PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Council business, we proceed as follows: The regular meetings of the City Council are held on the second and fourth Wednesday of each month at 7:00 p.m. in the Municipal Services Building, Council Chambers, 33 Arroyo Drive, South San Francisco, California. The City Clerk will read successively the items of business appearing on the Agenda. As she completes reading an item, it will be ready for Council action. PRADEEP GUPTA, Mayor LIZA NORMANDY, Vice Mayor KARYL MATSUMOTO, Councilwoman RICHARD A. GARBARINO, Councilman MARK ADDIEGO, Councilman FRANK RISSO, City Treasurer KRISTA MARTINELLI, City Clerk MIKE FUTRELL, City Manager JASON ROSENBERG, City Attorney PLEASE SILENCE CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT AVAILABLE FOR USE BY THE HEARING IMPAIRED AT CITY COUNCIL MEETINGS In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the City Clerk’s Office located at City Hall. If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda. The address of City Hall is 400 Grand Avenue, South San Francisco, California 94080. Page 2 City of South San Francisco Printed on 3/16/2017 March 8, 2017City Council Regular Meeting Agenda CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE AGENDA REVIEW PRESENTATIONS Presentation of new employees. (Mich Mercado, Human Resource Manager)1. Certificate of Achievement recognizing Maria Martinucci upon her retirement as CEO of the South San Francisco Chamber of Commerce. (Richard Garbarino, Councilmember) 2. Certificate of Recognition presented to Raymond's Bakery for outstanding support in the Community Outreach Cookie Baking Program. (Karyl Matsumoto, Councilmember) 3. Recognition of Richard Holt for being selected as the Outstanding Parks and Recreation Commissioner of the Year Award by the California Association of Parks and Recreation Commissioners (CAPRCBM), 2016. (Sharon Ranals, Parks and Recreation Director) 4. Presentation introducing MySSF. (Tony Barrera, IT Manager)5. PUBLIC COMMENTS COUNCIL COMMENTS/REQUESTS PUBLIC HEARING Report regarding an interim ordinance of the City of South San Francisco adopted as an urgency measure making findings and extending for a period of ten months and fifteen days a temporary moratorium on the issuance of use permits, building permits, licenses, or any other applicable entitlements for any commercial marijuana activity and outdoor cultivation of marijuana on the grounds of a private residence within the City of South San Francisco, to the full extent authorized under State law. (Jason Rosenberg, City Attorney) 6. Page 3 City of South San Francisco Printed on 3/16/2017 March 8, 2017City Council Regular Meeting Agenda An interim ordinance of the City of South San Francisco adopted as an urgency measure making findings and extending for a period of ten (10) months and fifteen (15) days a temporary moratorium on the issuance of use permits, building permits, licenses, or any other applicable entitlements for any commercial marijuana activity and outdoor cultivation of marijuana on the grounds of a private residence within the City of South San Francisco, to the full extent authorized under State law. 6a. ADMINISTRATIVE BUSINESS Report regarding a resolution affirming compliance with the State of California’s Surplus Land Act. (Billy Gross, Senior Planner) 7. Resolution of the City Council of the City of South San Francisco affirming compliance with the State of California’s Surplus Land Act. 7a. CONSENT CALENDAR Motion to approve the minutes from the meetings of February 6, 2017 and February 7, 2017. (Margaret S. Roberts, Interim City Clerk). 8. Motion confirming payment register for March 8, 2017. (Richard Lee, Director of Finance) 9. Report regarding a resolution authorizing the filing of a grant application not to exceed $240,000 for State of California Department of Housing and Community Development Department Grant funds through the Housing-Related Parks Program for the Renovation of Gardiner Park in Fiscal Year 2017-2018. (Sharon Ranals, Director of Parks and Recreation) 10. Resolution authorizing the filing of a grant application for State of California Department of Housing and Community Development Department Grant funds not to exceed $240,000 through the Housing-Related Parks Program for the Renovation of Gardiner Park in Fiscal Year 2017-2018. 10a. ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS Consider supporting Senate Bill 1 and Assembly Bill 1. (Richard Garbarino, Councilmember) 11. ADJOURNMENT Page 4 City of South San Francisco Printed on 3/16/2017 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-189 Agenda Date:3/8/2017 Version:1 Item #:1. Presentation of new employees. (Mich Mercado, Human Resource Manager) City of South San Francisco Printed on 3/2/2017Page 1 of 1 powered by Legistar™ CITY OF SOUTH SAN FRANCISCO INTER-OFFICE MEMORANDUM DATE: February 17, 2017 TO: Mayor, Vice Mayor and Councilmembers FROM: Mich Mercado, Human Resources Manager SUBJECT: New Hire Presentation The Human Resources (HR) Department presents newly hired employees to the City Council on a bi-monthly basis during regular meetings of the City Council; time and content permitting. The last introduction of new employees was held on December 14, 2016. The upcoming presentation is scheduled for the March 8, 2017 regular meeting of the City Council. The new employees listed below have been invited. Please join us in welcoming them to our City. New Employees Library ECD Elia Moreno Administrative Assistant I 11/28/2016 Ernesto Lucero Economic Development Coordinator 11/28/2016 City Manager Police Renee Sanders Administrative Assistant I 1/13/2017 Anthony Pappas Patrol Officer 12/16/2016 Police Police Kevin Patea Parking Enforcement Officers 2/10/2017 Payal Ram Parking Enforcement Officers 2/10/2017 Public Works Eunejune Kim Public Works Director 2/13/2017 NC/MM City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:16-918 Agenda Date:3/8/2017 Version:1 Item #:2. Certificate of Achievement recognizing Maria Martinucci upon her retirement as CEO of the South San Francisco Chamber of Commerce. (Richard Garbarino, Councilmember) City of South San Francisco Printed on 3/8/2017Page 1 of 1 powered by Legistar™ CITY OF SOUTH SAN FRANCISCO Certificate of Appreciation MARIA MARTINUCCI In recognition of your service as CEO of the South San Francisco Chamber of Commerce. Under your leadership, financial difficulties were reversed, memberships were retained, and new members were added. Thank you for your efforts in making the South San Francisco Chamber of Commerce one of the best in the County! Presented 8th of March 2017 by the City Council of South San Francisco. Pradeep Gupta, Mayor Liza Normandy, Vice Mayor Mark Addiego, Councilmember Richard Garbarino, Councilmember Karyl Matsumoto, Councilmember City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-264 Agenda Date:3/8/2017 Version:1 Item #:3. Certificate of Recognition presented to Raymond's Bakery for outstanding support in the Community Outreach Cookie Baking Program. (Karyl Matsumoto, Councilmember) City of South San Francisco Printed on 3/8/2017Page 1 of 1 powered by Legistar™ CITY OF SOUTH SAN FRANCISCO Certificate of Recognition Raymond’s Bakery of South San Francisco For providing outstanding support in the “Community Outreach Cookie Baking Program” over the past several years. Thank you to the Ofiesh Family for their overabundant generosity and participation in this program. Presented on this 8th day of March, 2017 by the City Council of South San Francisco. Pradeep Gupta, Mayor Liza Normandy, Vice Mayor Mark Addiego, Councilmember Richard Garbarino, Councilmember Karyl Matsumoto, Councilmember City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-249 Agenda Date:3/8/2017 Version:1 Item #:4. Recognition of Richard Holt for being selected as the Outstanding Parks and Recreation Commissioner of the Year Award by the California Association of Parks and Recreation Commissioners (CAPRCBM), 2016. (Sharon Ranals, Parks and Recreation Director) City of South San Francisco Printed on 3/8/2017Page 1 of 1 powered by Legistar™ CITY OF SOUTH SAN FRANCISCO Certificate of Recognition Richard Holt In recognition of being selected by the California Association of Parks and Recreation Commissioners and Board Members (CAPRCBM) as the Outstanding Commissioner of the Year, awarded at the 2017 Annual Awards and Installation Banquet at the Sterling Hotel in Sacramento, California on March 2nd, 2017. Presented on this 8th day of March, 2017 by the City Council of South San Francisco. Pradeep Gupta, Mayor Liza Normandy, Vice Mayor Mark Addiego, Councilmember Richard Garbarino, Councilmember Karyl Matsumoto, Councilmember City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-223 Agenda Date:3/8/2017 Version:1 Item #:5. Presentation introducing MySSF. (Tony Barrera, IT Manager) City of South San Francisco Printed on 3/2/2017Page 1 of 1 powered by Legistar™ The City of South San Francisco Mobile App Why go Mobile Everything is going mobile ■Studies show mobile users prefer using apps over mobile websites ■Apps on smart phones and tablets have more functionality than websites ■Apps enables us to deliver a user-friendly interface and will allow us to reach residents ■Cities with mobile apps ■City and County of San Francisco ■City of Santa Clara ■City of Cupertino ■City of Palo Alto ■City of Richmond Solution ■Partnered with a technology firm called NEAD, Inc. to create mySSF ■Content feeds mainly from City website ■Content Management System (CMS) provides an easy back- end interface to update content ■IT Department will manage and ensure content is current Features •Quick Link to Important City Phone Numbers •City Council and Staff Information, History, Jobs and more •All City Social Media Channels •Information on Library Locations, Calendar, and Catalog Search •Current Date and Weather •Current City Calendar •Park Locations, Class Registration, Rentals, and Farmers’ Market •Dining Guide with Restaurant listings, Details, and Maps •Detailed Business Guide with over 1,000 Entries •Quick Links to Transportation Options in the City More Features •Quick link to SSF Online Permit Center •Latest City News and Events •Quick links with more Information •Submit suggestions for improving the App Example: “About SSF” Section Council Info Council Member Bios History More Examples Business Listing Dining Guide Social Media Download it now! App is now live in the Apple App Store and the Google Play Store: Questions? City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-190 Agenda Date:3/8/2017 Version:1 Item #:6. Report regarding an interim ordinance of the City of South San Francisco adopted as an urgency measure making findings and extending for a period of ten months and fifteen days a temporary moratorium on the issuance of use permits,building permits,licenses,or any other applicable entitlements for any commercial marijuana activity and outdoor cultivation of marijuana on the grounds of a private residence within the City of South San Francisco, to the full extent authorized under State law.(Jason Rosenberg, City Attorney) RECOMMENDATION It is recommended that the City Council make findings and,by a four-fifths vote,adopt an interim ordinance as an urgency measure that extends the existing City-wide 45-day moratorium on the establishment of any commercial marijuana activity and outdoor cultivation of marijuana on the grounds of a private residence within the City of South San Francisco for a period of 10 months and 15 days, and waive further reading. BACKGROUND/DISCUSSION On November 8,2016,California voters passed Proposition 64 which legalized the use of marijuana for adults 21 and older under State law.Proposition 64 -the Control,Regulate,and Tax Adult Use of Marijuana Act (“AUMA”),legalizes recreational marijuana use for adults 21 and older and establishes a commercial licensing and regulatory structure for recreational marijuana businesses.Note that the federal government has not sanctioned the cultivation,sale,or possession of recreational marijuana and,in fact,classifies marijuana as a Schedule 1 Drug under the Federal Controlled Substances Act,(21 U.S.C.sections 801 et seq.).Passage of the AUMA does not affect the prohibition of marijuana under federal law. Notwithstanding the federal prohibition,as of November 9,2016,the AUMA made it legal in California for anyone 21 and older to: ·Smoke or ingest marijuana and marijuana products, subject to certain limitations. ·Possess,obtain,give away,purchase,and process up to one ounce of marijuana and up to eight grams of concentrated marijuana. ·Possess,plant,harvest,dry,or process up to six living plants within a single private residence or an enclosed and secure accessory structure to a private residence (“private residence”includes a house,an apartment,a mobile home,or other similar dwelling);or possess,plant,harvest,dry,or process up to six living plants upon the grounds of a private residence,unless outdoor cultivation is prohibited by local regulations (Health and Safety Code, §§ 11362.1 and 11362.2). With respect to recreational marijuana activity,the AUMA creates a state licensing system,which will authorize businesses to legally cultivate,distribute,transport,store,manufacture,process,and sell recreational marijuana.State licensing authorities will begin issuing State licenses by January 1,2018.However,under the AUMA,State licensing authorities cannot approve an application for a State license if approval of the State license will violate the provisions of any local ordinance or regulation. City of South San Francisco Printed on 3/8/2017Page 1 of 4 powered by Legistar™ File #:17-190 Agenda Date:3/8/2017 Version:1 Item #:6. The City’s municipal code currently prohibits commercial activities related to medical marijuana,including, but not limited to,prohibitions on cultivation,distribution,storage,exchange,processing,and delivery. However,the current municipal code is silent on recreational and nonmedical marijuana.Although the State will not begin issuing licenses for commercial recreational marijuana businesses until January 1,2018, developing comprehensive local regulations for commercial marijuana activities will be time consuming and complex as it will require input from many stakeholders with a wide range of opinions.Further,the City Council will need to weigh various policy considerations,including whether to coordinate policy on a regional level. Many concerns have been raised regarding the impacts associated with the implementation of the AUMA. These concerns stem from the potential effects that possession,planting,cultivation,harvesting,drying, processing,distributing,transporting,storing,manufacturing,and sale of commercial marijuana will have on public health,safety,and welfare in the City.In crafting local regulations,the City must consider these effects and develop regulations to ensure the protection of environmental resources and neighborhood quality;limit youth exposure;facilitate education and outreach;implement proper security and safety measures;and address increased crime and nuisances. In order to avoid the immediate threat to the public health,safety,and welfare,which would result from unregulated,commercial marijuana activity and outdoor cultivation for personal use and to allow the City additional time to study and consider local regulation of commercial marijuana activity and outdoor personal cultivation,it is recommended that the City Council adopt an extension to the existing interim urgency ordinance and continue the temporary moratorium on: 1.All commercial and/or industrial uses involving nonmedical marijuana,including,without limitation,the manufacture,processing,testing,labeling,storing,distribution,wholesale,and retail within the City; and 2.Outdoor personal cultivation of marijuana,including planting,cultivating,harvesting,drying, and/or processing of marijuana outdoors. The County of San Mateo,as well as a number of cities within the County,have already established temporary moratoriums on recreational and commercial marijuana activities.At the January 11,2017 regular City Council meeting,a study session regarding the AUMA was held and preliminary options were presented to the City Council.At that meeting,the City Council gave staff direction to prepare an interim urgency ordinance related to commercial marijuana activities and personal outdoor cultivation.The interim urgency ordinance was then presented to and adopted by the City Council at its January 25,2017 meeting.Since that time,City staff has begun investigating potential regulations and planning options related to commercial marijuana activities. Extension of Interim Ordinance Pursuant to Government Code Section 65858,the City has the authority to immediately adopt a 45-day moratorium prohibiting any uses that may be in conflict with a contemplated general plan,specific plan or zoning proposal that the legislative body,Planning Commission or Planning Department is considering in order to protect and preserve the public health,safety,and welfare.The City Council adopted such an interim ordinance on January 25,2017.Government Code Section 65858,subdivision (a)provides that,following notice and a public hearing,the City Council may extend the interim ordinance for an additional 10 months and 15 days,with a four-fifths vote.If the extension is adopted,the moratorium would last until January 23,2018. City of South San Francisco Printed on 3/8/2017Page 2 of 4 powered by Legistar™ File #:17-190 Agenda Date:3/8/2017 Version:1 Item #:6. 15 days,with a four-fifths vote.If the extension is adopted,the moratorium would last until January 23,2018. The moratorium may be extended one additional time for a period of one year,for up to an overall total of approximately two years (45 days,plus 10 months and 15 days,plus one additional year),provided that a current and immediate threat to the public health,safety,and welfare still exists,and the City follows the public notice and hearing procedures required for extensions of interim ordinances. Required Written Report Government Code section 65858,subdivision (d)further requires the City Council to issue a written report 10 days prior to the expiration of any interim ordinance or any extension that “describe[s]the measures taken to alleviate the condition which led to adoption of the ordinance.”As required by Government Code section 65858(d),the report on the measures taken to alleviate the conditions that led to the adoption of the ordinance are as follows. Since the enactment of the interim ordinance,City staff has engaged in concerted efforts to establish a comprehensive set of marijuana regulations consistent with State law as well as the City’s Zoning Ordinance and General Plan.The following are some of the specific measures and actions that have been taken by the City to date: ·Comprehensively begin studying the issue of regulating commercial marijuana uses.These efforts have included researching and analyzing data gathered from other jurisdictions to study how other cities have opted to regulate such uses and to determine the effects of any use that involves marijuana and as they relate to land use and other aspects of health, safety, and welfare. ·Evaluating the characteristics of potential commercial marijuana uses,determining the land use implications of those uses,and developing potential performance standards for commercial marijuana uses should the City consider permitting them. ·Exchanging correspondence and answering inquires related to commercial marijuana uses. ENVIRONMENTAL IMPACT Adoption of an extension to the interim urgency ordinance would not be considered a “project”within the meaning of section 15378 of the State California Environmental Quality Act (CEQA)Guidelines,because it does not have the potential to result in a direct or reasonably foreseeable indirect physical change in the environment.Rather,the moratorium ordinance to be extended only temporarily prevents certain physical changes in the environment pending completion of the City’s long-term planning efforts.Furthermore,this moratorium ordinance is categorically exempt from CEQA under Guidelines section 15308 because it is a regulatory action taken by the City,in accordance with Government Code section 65858,to ensure the maintenance and protection of the environment pending completion of the City’s planning efforts. CONCLUSION To ensure that the City has an opportunity to thoroughly examine and address potential land use impacts associated with the establishment of commercial marijuana activity and outdoor cultivation of marijuana on the grounds of a private residence within the City,staff recommends that the City Council adopt the attached ordinance extending the existing interim urgency ordinance for an additional 10 months and 15 days,making findings and continuing a City-wide moratorium on the approval and issuance of use permits,building permits, licenses or any other applicable entitlements for commercial marijuana activity and outdoor cultivation of marijuana on the grounds of a private residence within the City. It is further recommended that the City Council schedule a noticed public hearing within 10 months and 15 City of South San Francisco Printed on 3/8/2017Page 3 of 4 powered by Legistar™ File #:17-190 Agenda Date:3/8/2017 Version:1 Item #:6. days from adoption of this extension ordinance to consider whether to extend the moratorium for a second time. City of South San Francisco Printed on 3/8/2017Page 4 of 4 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-191 Agenda Date:3/8/2017 Version:1 Item #:6a. An interim ordinance of the City of South San Francisco adopted as an urgency measure making findings and extending for a period of ten (10)months and fifteen (15)days a temporary moratorium on the issuance of use permits,building permits,licenses,or any other applicable entitlements for any commercial marijuana activity and outdoor cultivation of marijuana on the grounds of a private residence within the City of South San Francisco, to the full extent authorized under State law. WHEREAS,on November 8,2016,the voters of the State of California (“State”)enacted Proposition 64,the Control, Regulate and Tax Adult Use of Marijuana Act (the “AUMA”); and WHEREAS,subject to certain exceptions,the AUMA generally establishes a comprehensive system to legalize,control,and regulate the cultivation,processing,manufacture,distribution,testing,and sale of recreational marijuana,including marijuana products,for use by adults 21 years and older,and to tax the commercial growth and retail sale of marijuana; and WHEREAS,the AUMA permits a city to enact and enforce “reasonable regulations”to regulate the possession, planting,cultivation,harvesting,drying,or processing of marijuana plants,including the complete prohibition of such activities outdoors; and WHEREAS,the AUMA creates a licensing system whereby the State will issue licenses to businesses authorizing them to cultivate,distribute,transport,store,manufacture,process,and sell recreational marijuana and marijuana products for adults 21 years of age and older,with such licenses to be issued by January 1,2018; and WHEREAS,the AUMA mandates that State licensing authorities shall not approve an application for a State license if approval of the State license will violate the provisions of any local ordinance or regulation adopted in accordance with the requirements of the AUMA; and WHEREAS,the AUMA states that nothing in it shall be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under the AUMA; and WHEREAS,(1)the Federal Controlled Substances Act,21 U.S.C.sections 801 et seq.,classifies marijuana as a Schedule I Drug,which is defined as a drug or other substance that has a high potential for abuse,that has no currently accepted medical use in treatment in the United States,and that has not been accepted as safe for use under medical supervision;and (2)the Federal Controlled Substances Act makes it unlawful,under federal law, for any person to cultivate,manufacture,distribute or dispense,or possess with intent to manufacture,distribute or dispense marijuana; and WHEREAS,in a series of memoranda issued in October 2009,June 2011,and August 2013 (the “Ogden”andCity of South San Francisco Printed on 3/10/2017Page 1 of 6 powered by Legistar™ File #:17-191 Agenda Date:3/8/2017 Version:1 Item #:6a. WHEREAS,in a series of memoranda issued in October 2009,June 2011,and August 2013 (the “Ogden”and “Cole”memos),the United States Department of Justice provided guidance to federal prosecutors concerning marijuana enforcement under the Controlled Substances Act and generally advised that it is not likely an efficient use of federal resources to prosecute those persons or entities in compliance with a strong and effective state regulatory system for the cultivation and distribution of medical marijuana; and WHEREAS,the federal government has not sanctioned the cultivation,sale,or possession of recreational marijuana in any way; and WHEREAS,significant concerns have been raised regarding the land use impacts that possession,planting, cultivation,harvesting,drying,processing,distributing,transporting,storing,manufacturing,and sale of marijuana (hereinafter “marijuana activity”)will have on public health,safety,and welfare in the City of South San Francisco (“City”), including the protection of environmental resources and neighborhood quality; and WHEREAS,as recognized by the Attorney General’s August 2008 Guidelines for the Security and Non- Diversion of marijuana grown for medical use,the cultivation or other concentration of marijuana in any location or premises without adequate security increases the risk that surrounding homes or businesses may be negatively impacted by nuisance activity such as loitering or crime; and WHEREAS,the City has a compelling interest in protecting the public health,safety,and welfare of its residents and businesses, and preserving the peace and integrity of neighborhoods within the City; and WHEREAS,with respect to commercial medical marijuana activities,the Medical Cannabis Regulation and Safety Act (“MCRSA”) allows cities to enact local regulations pertaining to medical marijuana; and WHEREAS,Chapter 20.410 “Prohibition on Medical Marijuana Cooperatives or Collectives”of the City of South San Francisco Municipal Code,among other things,presently prohibits such commercial medical marijuana activities,including,but not limited to,prohibitions on cultivation,distribution,storage,exchange, processing, and delivery; and WHEREAS,the City has devoted considerable staff time and financial resources towards adopting specific plans and implementing development that is consistent with the City’s General Plan; and WHEREAS,some jurisdictions that have permitted the establishment of medical marijuana dispensaries have reported illegal activity,including robbery,burglary,homicide,and hand-to-hand transactions,at or near such medical marijuana dispensaries; and WHEREAS,the City Council finds that the issuance of use permits,building permits,licenses,or other entitlements for any commercial marijuana activity and outdoor personal cultivation,would pose a current and immediate threat to the public health,safety,and welfare,since such uses could potentially create conflicts with surrounding land uses,could conflict with the City’s long-term planning goals to be implemented through the City’s General Plan, Specific Plans, and Zoning Ordinance; and WHEREAS,in light of recent legal developments,and in order to address community concerns regarding the establishment of commercial marijuana activity and outdoor personal cultivation,it is necessary for the City to study the impact such uses may have on the public health,safety and welfare,and potentially revise the City’s existing regulations or adopt new regulations; and City of South San Francisco Printed on 3/10/2017Page 2 of 6 powered by Legistar™ File #:17-191 Agenda Date:3/8/2017 Version:1 Item #:6a. WHEREAS,to protect the City’s investment in its planning efforts,ensure that the City’s long-term planning goals and strategies can be achieved in an effective and timely manner,and to avoid a current and immediate threat to the public health,safety,and welfare;and on January 25,2017,the City adopted a 45-day moratorium on the issuance of use permits,building permits and all other applicable entitlements for recreational marijuana activity and on outdoor personal cultivation within the City’s boundaries; and WHEREAS, the City’s 45-day moratorium is set to expire on March 11, 2017; and WHEREAS,with respect to recreational marijuana activities authorized by AUMA,the City Council finds that it is necessary to protect the health,safety and welfare,specifically the City and the public’s interests in the City’s aesthetic,economic,health,safety and community character,until further staff review has been completed and any necessary local regulations or code revisions have been revised,adopted and otherwise made effective; and WHEREAS,the citizens of the City will benefit from a comprehensive and thoughtful local regulatory scheme that addresses the potential impacts of indoor and outdoor marijuana cultivation for personal use,as authorized by AUMA, by City residents; and WHEREAS,there is an immediate need to prevent unregulated recreational marijuana grows in the City,which have the potential to affect the character and aesthetic of the community; and WHEREAS,the City Council finds that without sufficient local regulations in place,issuing use permits, building permits,or other entitlements for commercial marijuana activity and outdoor cultivation of marijuana on the grounds of a private residence within the City would pose a current and immediate threat to the public health,safety,or welfare,since such uses could potentially conflict with the City’s long-term planning goals and the development of the City; and WHEREAS,the California Constitution,Article XI,section 7,provides cities with the authority to enact ordinances to protect the health,safety,welfare and morals of their citizens,and adoption of zoning regulations are a permissible exercise of this authority; and WHEREAS,an extension of the City’s interim urgency ordinance is also necessary to prevent potential grandfathering of recreational outdoor marijuana cultivation upon the grounds of private residences while further staff review is underway; and WHEREAS,extending the local moratorium on commercial marijuana activity,to the full extent allowed under the law,is necessary to allow the City the opportunity to study the various policy implications of authorizing recreational marijuana activity in the City and to develop a comprehensive approach to regulate marijuana- related activities authorized by AUMA; and WHEREAS,this extension of the interim urgency ordinance is necessary in that there remains a current and immediate threat to the public health, safety, and welfare from unregulated marijuana activity; and WHEREAS,Government Code section 65858 authorizes the City Council to adopt,as an urgency measure,an interim ordinance effective immediately upon a four-fifths vote of the City Council,to protect the public health, safety,and welfare,prohibiting any uses that may be in conflict with a contemplated general plan,specific plan, or zoning proposal that the legislative body,Planning Commission or the Planning Department is considering City of South San Francisco Printed on 3/10/2017Page 3 of 6 powered by Legistar™ File #:17-191 Agenda Date:3/8/2017 Version:1 Item #:6a. or zoning proposal that the legislative body,Planning Commission or the Planning Department is considering or studying or intends to study within a reasonable time; and WHEREAS,on January 25,2017,at a duly noticed regular meeting,the City Council adopted Ordinance No. 1530-2017,establishing a temporary moratorium on the issuance of use permits,building permits and all other applicable entitlements for commercial marijuana activity and on outdoor personal cultivation within the City’s boundaries for a period of forty-five (45) days; and WHEREAS,pursuant to Government Code section 65858,subdivision (a),and following notice and public hearing pursuant to Government Code section 65090,the City Council,by a four-fifths vote,may extend the interim ordinance for an additional period of ten (10)months and fifteen (15)days,unless further extended pursuant to Government Code section 65858; and WHEREAS,on March 8,2017,at a regular meeting,the City Council held a public hearing,following notice thereof in accordance with California Government Code section 65090,and heard and considered public comment, oral and written, on the proposed extension of the temporary moratorium; and WHEREAS,the City Council reiterates the findings supporting Ordinance No.1530-2017 and finds that it remains necessary to consider,study and/or adopt regulations governing,or the prohibition of,the issuance of use permits,building permits and all other applicable entitlements for commercial marijuana activity and for outdoor personal cultivation within the City’s boundaries;that the immediate commencement of the issuance of use permits,building permits and other entitlements for commercial marijuana activity and outdoor personal cultivation within the City would render potential regulations or prohibition ineffective and destroy the purpose of engaging in such analysis and process,thus constituting an immediate threat to the health,safety and welfare of the residents of the City;and that,therefore,the extension of the temporary moratorium on the issuance of use permits,building permits and all other applicable entitlements for commercial marijuana activity and on outdoor personal cultivation within the City’s boundaries is necessary; and WHEREAS,this ordinance does not require review under the California Environmental Quality Act (Pub. Resources Code §§ 21000 et seq., “CEQA”) based on the following: (1)Under CEQA Guidelines Section 15060(c)(2),the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment,and under CEQA Guidelines Section 15060(c)(3),the activity is not a project as defined in Section 15378 of the CEQA Guidelines because it has no potential for resulting in physical change to the environment, directly or indirectly. (2)Even assuming the adoption of the ordinance was a project,it is categorically exempt from CEQA pursuant to Section 15308 of the CEQA Guidelines as a regulatory action taken by the City pursuant to its police power and in accordance with Government Code section 65858 to assure maintenance and protection of the environment pending the evaluation and adoption of contemplated local legislation, regulation, and policies. NOW THEREFORE,the City Council of the City of South San Francisco does hereby ORDAIN as follows, adopted as an extension to an interim ordinance,under the provisions of California Government Code section 65858: City of South San Francisco Printed on 3/10/2017Page 4 of 6 powered by Legistar™ File #:17-191 Agenda Date:3/8/2017 Version:1 Item #:6a. Section 1. Incorporation of Recitals. The above recitals are hereby declared to be true and correct and represent the findings of the City Council of the City of South San Francisco,made in the exercise of its independent judgment.Said Findings are hereby incorporated by reference and made a part of the interim urgency ordinance (“Ordinance”). Section 2. Definitions. For the purposes of this Ordinance, the following definitions shall apply: (1)The term “marijuana”shall mean all items included in Health and Safety Code Sections 11018 and 11018.1. (2)The term “indoor cultivation”shall mean cultivation inside a fully enclosed private residence as defined in Health and Safety Code Section 11362.2(b)(2). (3)The term “outdoor cultivation”shall mean any cultivation that is not defined as indoor cultivation as defined in Health and Safety Code Section 11362.2(b)(2). Section 3. Moratorium Extended. In accordance with the authority granted to the City of South San Francisco under Article XI,section 7 of the California Constitution and California Government Code section 65858,from and after the date of this Ordinance,the existing temporary moratorium is hereby extended for an additional ten (10)months and fifteen (15)days as of March 8,2017,and no use permit,building permit,license,or other applicable entitlement shall be approved for the following: (1)Any commercial or industrial marijuana activity,which includes but is not limited to the following uses involving marijuana:manufacturing;processing;laboratory testing;labeling;storing; wholesale;distribution;and retail is prohibited in every zoning district within the City.This moratorium shall include any commercial or industrial marijuana uses authorized under either the AUMA or the MCRSA. (2)Outdoor cultivation for personal use,including harvesting,drying,or processing of marijuana plants for recreational use,is prohibited in every zoning district within the City.Indoor planting, cultivation,harvesting,drying,or processing of marijuana plants for recreational use is limited to residential districts,is limited to six (6)plants per residence,and must be entirely for the personal use of a resident of the residence who is twenty-one (21)years of age or older.The City reserves the right to enact regulations regarding the indoor cultivation of marijuana at a later date. This Ordinance does not affect the rights of individuals as established by State law to possess or use medical marijuana subject to a valid doctor’s recommendation.Unless further extended,this moratorium will last for a period of ten (10)months and fifteen (15)days from the adoption of this Ordinance to allow the City an opportunity to further consider options and legal authority to enact land use controls regulating recreational marijuana activity in a manner consistent with the newly-enacted State law. Section 4. Authority; Urgency Statement. This Ordinance is an extension of an interim ordinance,adopted as an urgency measure pursuant to Government Code section 65858,and is for the immediate and long-term preservation of the public safety, health,and welfare.The City Council of the City of South San Francisco hereby finds that there is a current and immediate threat to the public health,safety and welfare that warrants the extension of the temporary City of South San Francisco Printed on 3/10/2017Page 5 of 6 powered by Legistar™ File #:17-191 Agenda Date:3/8/2017 Version:1 Item #:6a. immediate threat to the public health,safety and welfare that warrants the extension of the temporary moratorium on commercial marijuana activity and outdoor personal cultivation as described in this Ordinance. The following facts support this urgency measure:Establishing commercial marijuana activity in the City, before the City has an opportunity to update its regulations in accordance with the recent developments in the law,could lead to conflicts amongst various land uses,conflict with the City’s long-term planning goals,and a potential increase in nuisance and criminal activity within the City,as well as create a deleterious effect on residents’quality of life.Accordingly,the City Council of the City of South San Francisco hereby finds that the approval of use permits,variances,building permits,licenses,or any other applicable entitlement for commercial marijuana activity and outdoor personal cultivation would result in that threat to public health, safety,or welfare.These findings are based upon all of the facts recited in this Ordinance,in the staff report to the City Council accompanying this Ordinance,all matters and information presented to this City Council at its meetings on January 11 and January 25,2017,and all additional matters and information presented to this City Council at its meeting on March 8, 2017. Section 5. Issuance of Land Use Entitlements in Violation of this Moratorium Declared Public Nuisance. The issuance of use permits,building permits,licenses,or other applicable entitlements for marijuana activity and outdoor personal cultivation in the City as defined in this Ordinance,during the duration of this moratorium or any extension thereof,is declared to be a public nuisance.Violations of this Ordinance may be enforced by any applicable laws or ordinances,including but not limited to injunctions or administrative or criminal penalties, under the South San Francisco Municipal Code. Section 6. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid,the remainder of the Ordinance,including the application of such part or provision to other persons or circumstances,shall not be affected thereby,and shall continue in full force and effect.To this end,provisions of this Ordinance and the original interim urgency ordinance are severable.The City Council hereby declares that it would have passed each section,subsection,subdivision,paragraph,sentence,clause or phrase hereof, irrespective of the fact that any one or more sections,subsections,subdivisions,paragraphs,sentences,clauses, or phrases be held unconstitutional, invalid, or unenforceable. Section 7. Effective Date. This Ordinance and moratorium shall take effect immediately upon adoption,if adopted by at least four-fifths vote of the City Council,and shall be in full force and effect for ten (10)months and fifteen (15)days from the date of its adoption by the City Council,unless further extended by the City Council,as provided for in Government Code section 65858. ***** City of South San Francisco Printed on 3/10/2017Page 6 of 6 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-221 Agenda Date:3/8/2017 Version:1 Item #:7. Report regarding a resolution affirming compliance with the State of California’s Surplus Land Act.(Billy Gross, Senior Planner) RECOMMENDATION It is recommended that the City Council adopt a resolution affirming compliance with the State of California’s Surplus Land Act (Government Code sections 54220 through 54233). BACKGROUND/DISCUSSION In November 2016,the City Council adopted a resolution approving the submittal of a grant application under the Metropolitan Transportation Commission’s (MTC)One Bay Area Grant 2 (OBAG 2)Program.The application is for the Grand Boulevard Complete Streets Project (Kaiser Way to Arroyo Drive),committing $275,000 of local matching funds and stating assurance to complete the project.If selected,the OBAG 2 grant would provide $1,000,000 to the City for project design and construction costs. One of the project selection criteria for MTC is whether the applying agency has formally adopted a resolution stating that it will comply with the State’s Surplus Land Act,as amended in 2015 by Assembly Bill 2135.The Surplus Land Act has been a state law since 1968 and requires that whenever a local agency sells or leases its “surplus property”,the agency prioritize the sale for affordable housing,open space purposes and other vital state purposes.Assembly Bill 2135,which went into effect in 2015,amended the Surplus Land Act to include the following general requirements related to affordable housing, among other changes: ·Any entity proposing to use surplus land for the development of low or moderate income housing must agree to provide at least 25 percent of the total units as affordable to lower income households and priority among multiple proposers shall be given to the entity proposing the greatest number of affordable units; and ·Requires that the affordable housing units remain affordable for at least 55 years; and ·Requires any surplus property developed with 10 or more residential units to include at least 15%of the units as affordable to lower income households; and ·Extends the negotiating period between local agencies and purchasing or leasing entities from 60 days to 90 days; and ·Allows agencies to sell or lease surplus land for less than fair market value if the purpose of the transaction is consistent with the purposes of the Surplus Land Act,that is,for affordable housing development, park or recreational purposes, or open space use. The Surplus Land Act does not obligate a local agency to actually sell surplus property to one of the entities identified in the law.The Surplus Land Act establishes a process in which a local agency must provide qualifying entities with notice and the opportunity to negotiate with a local agency in good faith for up to 90 days.The City of South San Francisco is required to,and already does,comply with the Surplus Land Act regardless of whether it adopts the proposed resolution or submits the application for OBAG 2 funding. However,adoption of the proposed resolution would allow the City to apply and be eligible for up to City of South San Francisco Printed on 3/8/2017Page 1 of 2 powered by Legistar™ File #:17-221 Agenda Date:3/8/2017 Version:1 Item #:7. However,adoption of the proposed resolution would allow the City to apply and be eligible for up to $1,000,000 in grant funds for the Grand Boulevard Complete Streets Project (Kaiser Way to Arroyo Drive),as well as other State and Federal transportation grants through MTC. FUNDING There is no fiscal impact by the City adopting the attached resolution. CONCLUSION Staff recommends that the City Council adopt a resolution affirming compliance with the State of California’s Surplus Land Act. City of South San Francisco Printed on 3/8/2017Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-222 Agenda Date:3/8/2017 Version:1 Item #:7a. Resolution of the City Council of the City of South San Francisco affirming compliance with the State of California’s Surplus Land Act. WHEREAS, the San Francisco region has the highest housing costs in the United States; and WHEREAS,the Bay Area produced less than 30 percent of the need for low-and moderate-income housing units from 2007 to 2014; and WHEREAS,there are limited funding sources available to secure land for the construction of low-and moderate-income housing; and WHEREAS, public lands can play a critical role in increasing the supply of land for affordable housing; and WHEREAS,the Metropolitan Transportation Commission (MTC)adopted Resolution No.4202,outlining the programming policy and project selection criteria for the One Bay Area Grant Program (OBAG 2),including certain requirements to access these funds; and WHEREAS,one of these requirements is for grant applicants to adopt a resolution demonstrating compliance with the Surplus Land Act (AB 2135); and WHEREAS,the City is applying for a MTC grant and wishes to certify that the City has and will continue to comply with the Surplus Lands Act, as amended in 2015 by Assembly Bill 2135. NOW THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco,does hereby resolve that the City of South San Francisco agrees to comply with the terms of the California Surplus Land Act (California Government Code, § 54220, et seq.), as it exists now or may be amended in the future. ***** City of South San Francisco Printed on 3/16/2017Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-253 Agenda Date:3/8/2017 Version:1 Item #:8. Motion to approve the minutes from the meetings of February 6,2017 and February 7,2017.(Margaret S. Roberts, Interim City Clerk). City of South San Francisco Printed on 3/8/2017Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-256 Agenda Date:3/8/2017 Version:1 Item #:9. Motion confirming payment register for March 8, 2017.(Richard Lee, Director of Finance) The payments shown in the attached payment register are accurate and sufficient funds were available for payment (payroll items excluded). Attachment: Payment Register City of South San Francisco Printed on 3/8/2017Page 1 of 1 powered by Legistar™ Payment Listing by Department for City Council Review Payments issued between an2/11/2017 2/26/2017 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION CITY ATTORNEY MEYERS, NAVE, RIBACK 2/17/2017 2568102016120196 E 100-04110-5003 60,232.93 CITY ATTY FEES DEC'16 405-001 CITY ATTORNEY S Payments issued for CITY ATTORNEY $60,232.93 CITY CLERK THE SWENSON GROUP, INC. 2/15/2017 256769194857 E 100-02110-5045 6,679.07 COPIER PURCHASE - VARIOUS DEPARTMENTS Payments issued for CITY CLERK $6,679.07 CITY COUNCIL ADVANCED BUSINESS FORMS 2/17/2017 25678030216 E 100-01110-5025 302.48 BUSINESS CARDS- PG, LN, RG, MA CHRIS HUNTER 2/22/2017 25686002/24/17 E 100-01110-5031 150.00 KM, RG, LN -- SAN MATEO COUNTY COUNCIL OF CLEARLITE TROPHIES 2/17/2017 25679279756 E 100-01110-5030 49.16 MAYORS AWARD PLAQUE ENGRAVINGS EB COUNCIL OF CITIES 2/22/2017 256907CC342221 E 100-01110-5030 200.00 DM- CALCARD CHRG- LN, PG, KM & RG DINNER/ GLASS IMPRESSIONS 2/17/2017 25680010816 E 100-01110-5030 379.50 2016 MAYOR'S AWARD - BOYS AND GIRLS CLUB MARK ADDIEGO 2/22/2017 25683509/30/16 E 100-01110-5031 261.60 MA -- EXPENSE REIMBURSEMENT SEPT 2016 -- C SANTO CRISTO SOCIETY 2/22/2017 256907CC342221 E 100-01110-5030 -200.00 CREDIT- TO CORRECT DOC#342221 WRONG VEN STAPLES BUSINESS ADVANTAGE 2/15/2017 2567568042909392 E 100-01110-5020 238.47 OFFICE SUPPLIES FOR CITY MGR'S OFFICE TANFORAN ASSEMBLY CENTER 2/15/2017 25676402/18/17 E 100-01110-5031 270.00 PG+1, KM, LN -- TANFORAN 75TH ANNIVERSARY Payments issued for CITY COUNCIL $1,651.21 CITY MANAGER 15FIVE 2/17/2017 256831CC342764 E 100-05110-5021 35.40 MF-- 15FIVE 1/6/17 TO 2/6/17 MONTHLY SUBSCR BILLY HUSTACE PHOTOGRAPHY 2/22/2017 256845022117_ssf E 100-05130-5025 218.50 LA -- PHOTOGRAPHY IN SSF NEWSLETTER CDFA 2/17/2017 256831CC342769 E 100-05110-5031 400.00 MF -- CDFA MEMBERSHIP DUES FR FEB 2017 THR LESLIE ARROYO 2/15/2017 25667612/23/16 E 100-05130-5032 99.99 LA -- EXPENSE REIMBURSEMENT 1/4/2017 -- UPG MICROSOFT STORE 2/17/2017 256831CC342766 E 100-05110-5020 69.99 MF -- MICROSOFT OFFICE 365 YEARLY SUBSCRIPTI POSTMASTER- LINDEN OFFICE 2/21/2017 25683302/21/17 E 100-05110-5027 3,976.00 PERMIT#138 POSTAGE FOR CITY MAILER RING2 COMMUNICATIONS LLC 2/15/2017 256744140027 E 100-05110-5071 1.46 DM -- MONTHLY CONF CALL LINE SVC CHARGES -- 2/17/2017 256823141920 E 100-05110-5071 2.24 MONTLY CONF CALL LINE SVC CHARGES SERVICE BY MEDALLION 2/22/2017 25689892890 E 100-05110-5005 9,963.00 SSF CITY HALL BREAKROOM AND HUMAN RESOU STAPLES BUSINESS ADVANTAGE 2/15/2017 2567568042909392 E 100-05110-5020 238.48 OFFICE SUPPLIES FOR CITY MGR'S OFFICE Monday, February 27, 2017 Page 1 of 22 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between an2/11/2017 2/26/2017 -City of South San Francisco CITY MANAGER THE SWENSON GROUP, INC. 2/15/2017 256769194857 E 100-05110-5045 6,913.00 COPIER PURCHASE - VARIOUS DEPARTMENTS Payments issued for CITY MANAGER $21,918.06 ECONOMIC & COMMUNITY DEVELOPMENT ALLISON KNAPP WOLLAM 2/24/2017 2569421-2017 E 270-10413-5005 4,950.00 GENESIS IMPLEMENTATION CONSULTING SVCS 1 AMERICAN ARRAY SOLAR INC 2/24/2017 256915B16-1746 R 100-10520-32101 147.78 REIMBURSEMENT FOR CANCELLED PERMIT 2206 DAILY JOURNAL CORPORATION 2/24/2017 256931B2963060 E 100-10410-5024 106.00 NOTICE OF PUBLIC HEARING FOR PC MTG 1-19-1 2/24/2017 256931B2968146 E 100-10410-5024 54.00 NOTICE OF PUBLIC HEARING FOR PC MTG 2-2-17 EL CONCILIO OF SAN MATEO COUNT2/15/2017 2566995552 E 222-10350-5063 1,357.06 FY16-17 CDBG GRANT AGREEMENT-PENINSULA ENGINEER SUPPLY LLC 2/22/2017 256907CC343087 E 100-10520-5021 82.23 PC-LABELS FOR PLAN ROLLS GATEWAY PROPERTY OWNERS ASSOC 2/22/2017 256857RD 2420620 E 100-10110-5021 621.90 MARCH PROPERTY OWNER ASSOCIATION DUES-G HIP HOUSING INC. 2/15/2017 2567075722 E 222-10350-5063 3,659.05 FY16-17 CDBG GRANT AGREEMENT-HOME SHARI LEGAL AID SOCIETY OF SAN MATEO2/15/2017 2567135589 E 222-10350-5063 1,602.39 FY16-17 GRANT AGREEMENT- HOMESAVERS PRE LUCKY'S 2/17/2017 256831cc342739 E 100-10110-5031 9.99 ED-ECD MONTYLY STAFF MEETING FOR JANUARY MEYERS, NAVE, RIBACK 2/15/2017 2567192016120199 E 270-10415-5003 4,797.50 LEGAL SVCS REIMB DEC16 - 405.1092~ 2/15/2017 2567192016120205 E 270-10414-5003 10,465.00 CITY ATTY FEES DEC'16 405.99010 SUCCESSOR AG 2/15/2017 2567192016120208 E 270-10415-5003 73.50 LEGAL SVCS REMB DEC16 - 405.1235- 300 MILLER 2/15/2017 2567192016120210 E 270-10415-5003 124.00 LEGAL SERVICES-405.1239 OKAMONT MEADOWS 2/15/2017 2567192016120212 E 270-10415-5003 734.50 LEGAL SERVICES REIMB DEC2016 405.1251 2/15/2017 2567192016120216 E 270-10415-5003 578.00 LEGAL SVCS REIMB DEC16 - 405.1266 2/15/2017 2567192016120218 E 270-10413-5003 3,434.00 LEGAL SVCS REIMB DEC'16 - 405.1267- 2 TOWER 2/24/2017 256946 2016120216 E 270-10415-5003 612.00 CITY ATTY DEC'16 SERVICES 405.1260 GREENLAN 2/24/2017 2569462016120213 E 100-10110-5003 69.00 CITY ATTNY FEES DEC'2016 - 405.99013 2/24/2017 2569462016120214 E 100-10110-5003 370.50 CITY ATTNY FEES DEC2016 - 405.99019 MILT'S SIGN SERVICE INC 2/24/2017 25694711775 E 100-10410-5020 516.02 3 NAMEPLATES AND PLANNING DEPARTMENT SI 2/24/2017 25694711782 E 100-10410-5020 111.05 PLANNING COMMISSION NAMEPLATES - SHIHAD NELSON/NYGAARD CONSULT ASSOC 2/24/2017 25695068567 E 100-10410-5005 4,332.50 SOUTH SF TDM ASSISTANCE 2/24/2017 25695068983 E 100-10410-5005 2,457.50 TRANSPORTATION DEMAND MGMT PLAN COMP OMBUDSMAN SERVICES OF 2/15/2017 2567285582 E 222-10350-5063 2,029.11 FY 16-17 CDBG GRANT AGREEMENT WITH OMBU PROJECT SENTINEL INC 2/15/2017 2567365400 E 222-10323-5063 1,554.36 FY 16-17 CDBG GRANT PROJECT SENTINEL 2/15/2017 2567365600 E 222-10323-5063 3,380.99 FY 16-17 CDBG GRANT PROJECT SENTINEL RAPE TRAUMA CENTER 2/15/2017 2567395573 E 222-10350-5063 3,745.03 FY 16-17 CDBG GRANTEE - RAPE TRAUMA CENTE Monday, February 27, 2017 Page 2 of 22 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between an2/11/2017 2/26/2017 -City of South San Francisco ECONOMIC & COMMUNITY DEVELOPMENT REBUILDING TOGETHER PENINSULA 2/15/2017 2567425664 E 222-10343-5063 4,727.89 FY 16-17 CDBG GRANT REBUILDING TOGETHER S 2/15/2017 2567435348 E 222-10343-5063 3,084.48 FY 16-17 CDBG GRANT REBUILDING TOGETHER S SAMARITAN HOUSE-SAFE HARBOR 2/15/2017 2567465578 E 222-10350-5063 5,607.00 FY16-17 CDBG GRANT AGREEMENT FOR SAMARIT STAPLES CREDIT PLAN 2/17/2017 256831cc342735 E 100-10110-5030 87.39 NAME TAGS FOR BIO BUS TOUR SFSU STARVISTA 2/15/2017 2567575632 E 222-10350-5063 1,794.25 FY 16-17 CDBG GRANTEE STARVISTA THE SWENSON GROUP, INC. 2/15/2017 256769194857 E 100-10110-5045 18,325.00 COPIER PURCHASE - VARIOUS DEPARTMENTS WRA INC 2/24/2017 25697324219-28520 E 100-10410-5005 4,628.38 ENVIRONMENTAL ON-CALL SERVICES Payments issued for ECONOMIC & COMMUNITY DEVELOPMENT $90,229.35 FINANCE DAVID TAUSSIG & ASSOCIATES INC2/24/2017 2569321701094 E 100-06210-5005 6,784.24 JAN2017-PROF CONSULTING SVCS-SSF FEASIBILIT HIGH LINE CORPORATION 2/15/2017 25670620219 E 100-06210-5045 1,500.00 01/09 & 01/13 CONSULTING PEPRA ACTING PAY/ OFFICE DEPOT INC 2/17/2017 256813900327537001 E 100-06210-5020 235.30 OFFICE SUPPLIES 2/24/2017 256951902013951001 E 100-06210-5020 117.53 OFFICE SUPPLIES PERSONNEL DATA SYSTEMS, INC. 2/15/2017 256734034529 E 100-06110-5005 1,719.09 VISTA HRMS IMPLEMENTATION - TRAVEL EXPS 11 2/15/2017 256734034691 E 100-06110-5005 138.75 VISTA HRMS IMPLEMENTATION - SERVICES REND 2/15/2017 256734035053 E 100-06110-5005 2,035.00 VISTA HRMS IMPLEMENTATION - SERVICES REND 2/15/2017 256734035152 E 100-06110-5005 589.93 VISTA HRMS IMPLEMENTATION - SERVICES REND Payments issued for FINANCE $13,119.84 FIRE ALLSTAR FIRE EQUIPMENT INC 2/15/2017 256674196041 E 100-11710-5021 3,796.44 OPERATING SUPPLIES - VENTILATION FANS ARAMARK UNIFORM SERVICES 2/15/2017 256675000757686566 E 100-11710-5001 51.00 LAUNDRY SERVICES - SHOP TOWELS BLUE CROSS OF CALIFORNIA 2/15/2017 2566802016002812 R 100-11610-35203 938.31 AMBULANCE REFUND ACCT 2016002812 BOUND TREE MEDICAL LLC 2/15/2017 25668182396078 E 100-11610-5021 1,375.60 EMS SUPPLIES 2/22/2017 25684682406465 E 100-11610-5021 980.75 OPERATING SUPPLIES - MEDICAL SUPPLIES 2/22/2017 256882ESF16001340 R 100-11610-35203 139.26 AMBULANCE REFUND CONSUMERREPORTS.ORG 2/15/2017 256772cc342733 E 100-11710-5021 30.00 JM - ANNUAL DUES CORELOGIC SOLUTIONS, LLC. 2/17/2017 25679581773356 E 100-11223-5045 250.00 REALQUEST/FORECLOSURE MONTHLY REPORTS - COUNTY OF SAN MATEO 2/17/2017 256796SSFFIRE17-03 E 100-11110-5002 37,522.50 PUBLIC SAFETY COMMUNICATIONS FY 2016-17 3 2/17/2017 256796SSFFIRE17-03B E 100-11710-5071 1,101.75 PUBLIC SAFETY COMMUNICATIONS FY 2016-17 3 2/22/2017 2568491YSS21701 E 100-11610-5021 1,011.00 OPERATING SUPPLIES - MONTHLY RADI TRUNKED Monday, February 27, 2017 Page 3 of 22 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between an2/11/2017 2/26/2017 -City of South San Francisco FIRE DEPT OF FORESTRY & FIRE PROTEC2/15/2017 256694140578 E 100-11720-5033 568.00 RS1 CERTIFICATES (7) DESIGNJET STORE, CA 2/15/2017 256772cc342528 E 100-11310-5020 106.18 KA-OFFICE SUPPLIES FOR EOC PLOTTER PRINTER 2/22/2017 25688620357994 R 100-11610-35203 100.00 AMBULANCE REFUND 2/15/2017 256688ESF16001510 R 100-11611-35204 90.81 AMBULANCE REFUND ESF16001510 KAISER PERMANENTE 2/22/2017 2568632016003114 R 100-11610-35203 558.74 AMBULANCE REFUND L N CURTIS & SONS 2/15/2017 256711INV57151 E 100-11710-5021 258.99 ENGINE FLASHLIGHT BATTERIES 2/15/2017 256711INV70880 E 100-11710-5051 574.86 EQUIPMENT REPAIR-THERMAL IMAGING CAMER 2/15/2017 256711INV71587 E 100-11710-5021 151.11 OPERATING SUPPLIES 2/15/2017 256711INV75122 E 100-11710-5021 349.60 USAR 165 HELMET LIGHTS 2/15/2017 256711INV75486 E 100-11710-5061 445.74 TURNOUT BOOTS - SETTERLUND 2/17/2017 256804INV70128 E 100-11710-5021 1,498.68 ROPE RESCUE AND STRAP ANCHOR 2/17/2017 256804INV70128 E 821-11755-5051 515.68 ROPE RESCUE AND STRAP ANCHOR 2/17/2017 256804INV70144 E 100-11710-5021 199.44 ROPE RESCUE WEBBING SEWN LOOP 2/17/2017 256804INV70144 E 821-11755-5051 68.62 ROPE RESCUE WEBBING SEWN LOOP 2/22/2017 256865INV79870 E 100-11710-5021 1,450.95 OPERATING SUPPLIES - THERMAL IMAGING CAM 2/22/2017 256865INV80186 E 100-11710-5021 344.68 OPERATING SUPPLIES EQUIPMENT FOR NEW QUI LAMONT, HANLEY & ASSOC, INC 2/22/2017 25686632820148 R 100-11610-35203 125.30 AMBULANCE REFUND LARRY ROSALES 2/22/2017 25689301/15/17 E 100-11610-5033 190.00 STAFF DEVELOPMENT - PARA FF ROSALES FOR PA 2/22/2017 256892ESF16001402 R 100-11610-35203 200.00 AMBULANCE REFUND LIFE-ASSIST INC 2/15/2017 256714780912 E 100-11610-5021 317.46 EMS SUPPLIES 2/15/2017 256714782058 E 100-11610-5021 371.02 EMS SUPPLIES 2/15/2017 256714782061 E 100-11610-5021 337.84 EMS SUPPLIES 2/15/2017 256714782086 E 100-11610-5021 603.42 EMS SUPPLIES 2/15/2017 256714782537 E 100-11610-5021 317.46 EMS SUPPLIES 2/15/2017 256714783056 E 100-11610-5021 955.91 EMS SUPPLIES 2/15/2017 256714783057 E 100-11610-5021 985.35 EMS SUPPLIES 2/15/2017 256714783059 E 100-11610-5021 640.80 EMS SUPPLIES 2/15/2017 256714783513 E 100-11610-5021 24.13 EMS TRAUMA SUPPLIES 2/15/2017 256714783723 E 100-11610-5021 830.05 EMS SUPPLIES 2/15/2017 256714784174 E 100-11610-5021 204.82 EMS SUPPLIES 2/22/2017 256872784466 E 100-11610-5021 959.97 EMS SUPPLIES 2/22/2017 256872784467 E 100-11610-5021 342.54 EMS SUPPLIES Monday, February 27, 2017 Page 4 of 22 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between an2/11/2017 2/26/2017 -City of South San Francisco FIRE LIFE-ASSIST INC 2/22/2017 256872784491 E 100-11610-5021 612.53 EMS SUPPLIES 2/22/2017 256872784652 E 100-11610-5021 159.08 EMS SUPPLIES LOWE'S CREDIT SERVICES 2/22/2017 256873915087 E 100-11730-5021 41.45 OPERATING SUPPLIES FOR STATION 64 STATION P 2/22/2017 256873915296 E 100-11730-5020 89.05 STATION 63 OPERATING SUPPLIES ASSORTMENT MANNY LARA 2/22/2017 25686711/15/16 E 100-11610-5033 200.00 STAFF DEVELOPMENT - PARAMEDIC LICENSE REN 2/22/2017 25688536745324 R 100-11611-35204 100.00 AMBULANCE REFUND NFPA-NATL FIRE PROTECTION ASSO2/15/2017 2567246814838X E 100-11210-5021 175.00 MEMBERSHIP RENEWAL OFFICE DEPOT INC 2/15/2017 256727894672300001 E 100-11110-5021 162.63 OFFICE SUPPLIES - TONER, PAPER, BINDERS 2/15/2017 256727894672300001 E 100-11610-5020 163.79 OFFICE SUPPLIES - TONER, PAPER, BINDERS 2/15/2017 256727895369510001 E 100-11730-5020 259.01 STATION 61 SUPPLIES - PAPER, BATTERIES 2/15/2017 256727895395019001 E 100-11730-5020 259.37 STATION 61 SUPPLIES - TOWELS, CLEANERS 2/15/2017 256727896668329001 E 100-11223-5020 424.34 OFFICE SUPPLIES - FOLDERS, CARTRIDGES 2/15/2017 256727896668329001 E 100-11110-5021 41.39 OFFICE SUPPLIES - FOLDERS, CARTRIDGES 2/15/2017 256727897237311001 E 100-11110-5020 76.49 OFFICE SUPPLIES - PAPER, NOTEPADS 2/15/2017 256727898656078001 E 100-11210-5020 327.60 OFFICE SUPPLIES - TONERS, ENVELOPES, PAPER 2/15/2017 256727898656078001 E 100-11310-5020 501.01 OFFICE SUPPLIES - TONERS, ENVELOPES, PAPER PENINSULA UNIFORMS & EQUIP INC2/15/2017 256733133727 E 100-11210-5034 282.70 STATION BOOTS - BORTOLI RAWLINGS FINANCIAL SVCS, LLC 2/15/2017 25674035984302.1 R 100-11610-35203 478.00 AMBULANCE REFUND ACCT 35984302 2/22/2017 25689020357994 R 100-11610-35203 1,572.13 AMBULANCE REFUND ACCT 20357994 READYREFRESH 2/15/2017 25674107B0030587422 E 100-11110-5021 49.39 FIRE ADMIN DRINKING WATER SAN FRANCISCO HEALTH PLAN 2/22/2017 2568952016002410 R 100-11610-35203 137.28 AMBULANCE REFUND SOUTH CITY LUMBER AND SUPPLY 2/15/2017 256751907123 E 100-11210-5021 92.74 RAIN TARP FOR CPTF E-WASTE EVENT 2/15/2017 256751908974 E 100-11720-5021 2.73 KEY FOR TRAINING TOWER PADLOCK 2/15/2017 256751909472 E 100-11710-5021 8.73 EQUIPMENT FOR NEW QUINT STRYKER SALES CORPORTION 2/15/2017 2567632097058M E 100-11610-5051 436.78 R63 GURNEY REPAIR 2/15/2017 2567632097117M E 100-11610-5051 470.01 R61 GURNEY REPAIR THE SWENSON GROUP, INC. 2/15/2017 256769194857 E 100-11110-5045 8,729.00 COPIER PURCHASE - VARIOUS DEPARTMENTS 2/22/2017 25685235984302 R 100-11610-35203 1,360.00 AMBULANCE REFUND 2/22/2017 256884ESF16001639 R 100-11611-35204 200.00 AMBULANCE REFUND Payments issued for FIRE $79,296.99 Monday, February 27, 2017 Page 5 of 22 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between an2/11/2017 2/26/2017 -City of South San Francisco HUMAN RESOURCES BEST WESTERN GROSVENOR HOTEL 2/22/2017 25684485052-85060 E 100-09110-5005 1,209.60 HOTEL EXP - HR STEUP TRAINING 11/28/16-12/1/ MEYERS, NAVE, RIBACK 2/17/2017 2568102016120209 E 100-09110-5003 4,504.98 SSF CITY ATTNY FEES DEC'16 405-252 PERS COMP Payments issued for HUMAN RESOURCES $5,714.58 INFORMATION TECHNOLOGY CIVIC LLC 2/17/2017 2567911195 E 785-16110-5005 200.00 MONTHLY MAINTENANCE MYCIVIC APP CLIENTFIRST TECHNOLOGY CONSULT2/15/2017 2566907091 E 785-16110-5001 150.00 TELECOM AUDIT - CITYWIDE PROJECT THE ACTIVE NETWORK INC 2/17/2017 2568281010409 E 785-16110-5051 360.00 CLASS DB UPGRADE Payments issued for INFORMATION TECHNOLOGY $710.00 LIBRARY ART'S PENINSULA LOCKSMITH 2/22/2017 256840443985 E 100-15110-5021 95.16 LIBRARY KEYS 2/22/2017 256840443989 E 100-15110-5021 40.78 LIBRARY KEYS 2/22/2017 256840443992 E 100-15110-5021 73.41 LIBRARY KEYS BAKER & TAYLOR INC 2/17/2017 2567874011816629 E 100-15210-5022 17.12 BOOKS 2/17/2017 2567874011816630 E 100-15210-5022 11.54 BOOKS 2/17/2017 2567874011816631 E 100-15310-5022 11.54 BOOKS 2/17/2017 2567874011816632 E 100-15210-5022 11.54 BOOKS 2/17/2017 2567874011816633 E 100-15210-5022 38.00 BOOKS 2/17/2017 2567874011816634 E 100-15210-5022 17.11 BOOKS 2/17/2017 2567874011816635 E 100-15210-5022 51.97 BOOKS 2/17/2017 2567874011816636 E 100-15310-5022 41.02 BOOKS 2/17/2017 2567874011816637 E 100-15210-5022 76.50 BOOKS 2/17/2017 2567874011816638 E 100-15210-5022 16.46 BOOKS 2/17/2017 2567874011816639 E 100-15310-5022 17.74 BOOKS 2/17/2017 2567874011816640 E 100-15210-5022 114.06 BOOKS 2/17/2017 2567874011816641 E 100-15310-5022 78.32 BOOKS 2/17/2017 2567874011816642 E 100-15210-5022 475.68 BOOKS 2/22/2017 2568424011814062 E 100-15220-5022 12.92 BOOKS 2/22/2017 2568424011814063 E 100-15320-5022 82.50 BOOKS 2/22/2017 2568424011814064 E 100-15220-5022 106.37 BOOKS 2/22/2017 2568424011814072 E 100-15210-5022 56.38 BOOKS Monday, February 27, 2017 Page 6 of 22 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between an2/11/2017 2/26/2017 -City of South San Francisco LIBRARY BAKER & TAYLOR INC 2/22/2017 2568424011818878 E 100-15210-5022 16.46 BOOKS 2/22/2017 2568424011818879 E 100-15210-5022 13.95 BOOKS 2/22/2017 2568424011818880 E 100-15210-5022 37.24 BOOKS 2/22/2017 2568424011818881 E 100-15310-5022 93.53 BOOKS 2/22/2017 2568424011818882 E 100-15210-5022 233.40 BOOKS 2/22/2017 2568424011818883 E 100-15310-5022 17.74 BOOKS 2/22/2017 2568424011818884 E 100-15210-5022 42.37 BOOKS 2/22/2017 2568424011818885 E 100-15310-5022 187.50 BOOKS 2/22/2017 2568424011818886 E 100-15210-5022 414.53 BOOKS 2/22/2017 2568424011819736 E 100-15220-5022 645.98 BOOKS 2/22/2017 2568424011819736 E 100-15320-5022 58.48 BOOKS CALIFORNIA ACADEMY OF SCIENCES2/24/2017 256925SAC 01-232-3115 E 100-15999-5033 1,250.00 STEM STAFF WORKSHOP, GRANT-FUNDED KATIE DONNER 2/24/2017 25693302/11-02/21/17 E 100-15230-5030 102.21 STATEMENT OF EXPENSE- K. DONNER MASE GROUP LLC 2/17/2017 25680800231 E 100-15110-5001 458.00 DVD LABELING SERVICE 2/22/2017 25687500232 E 100-15110-5001 268.70 DVD LABELING SERVICE MIDWEST TAPE 2/17/2017 25681194717623 E 100-15310-5043 417.16 A/V 2/17/2017 25681194717625 E 100-15210-5043 218.44 A/V 2/17/2017 25681194736875 E 100-15210-5043 152.89 A/V 2/17/2017 25681194736876 E 100-15210-5043 41.49 A/V 2/17/2017 25681194736877 E 100-15310-5043 20.74 A/V 2/17/2017 25681194736878 E 100-15210-5043 26.21 A/V 2/17/2017 25681194736879 E 100-15210-5043 88.45 A/V 2/17/2017 25681194736960 E 100-15210-5043 13.97 A/V 2/17/2017 25681194736961 E 100-15210-5043 23.58 A/V 2/17/2017 25681194736962 E 100-15210-5043 30.58 A/V 2/17/2017 25681194736963 E 100-15210-5043 91.74 A/V 2/17/2017 25681194736964 E 100-15310-5043 76.44 A/V 2/17/2017 25681194736965 E 100-15210-5043 97.18 A/V 2/17/2017 25681194736966 E 100-15210-5043 92.81 A/V 2/17/2017 25681194736967 E 100-15210-5043 65.95 A/V 2/17/2017 25681194736968 E 100-15210-5043 86.04 A/V 2/17/2017 25681194736969 E 100-15220-5043 206.61 A/V Monday, February 27, 2017 Page 7 of 22 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between an2/11/2017 2/26/2017 -City of South San Francisco LIBRARY MIDWEST TAPE 2/17/2017 25681194736970 E 100-15220-5043 19.21 A/V 2/17/2017 25681194736971 E 100-15210-5043 407.32 A/V 2/17/2017 25681194736972 E 100-15310-5043 160.52 A/V 2/17/2017 25681194736973 E 100-15310-5043 186.75 A/V 2/17/2017 25681194736974 E 100-15210-5043 520.27 A/V 2/17/2017 25681194736975 E 100-15310-5043 180.58 A/V 2/17/2017 25681194736977 E 100-15210-5043 41.94 A/V NICOLE CUADRA 2/24/2017 25693012/02/16-02/16/17 E 100-15110-5031 79.44 STATEMENT OF EXPENSE- N. CUADRA OFFICE DEPOT INC 2/22/2017 256880899980918001 E 100-15410-5021 368.26 OFFICE SUPPLIES 2/22/2017 256880900373650001 E 100-15110-5020 135.03 OFFICE SUPPLIES PRODUCTIVE PRINTING & GRAPHICS2/17/2017 25681831570 E 100-15110-5025 229.43 GRAND AVE. LIBRARY CELEBRATION INVITATIONS READYREFRESH 2/22/2017 25689117B5745298009 E 100-15430-5021 40.55 WATER COOLER RENTAL / REFILL RECORDED BOOKS, INC. 2/17/2017 25682275470832 E 100-15210-5043 174.80 AV 2/17/2017 25682275471546 E 100-15210-5043 43.70 A/V 2/17/2017 25682275472876 E 100-15210-5043 98.32 A/V SCHOLASTIC CORPORATION 2/17/2017 25682411476017 E 100-15220-5022 165.79 BOOKS 2/17/2017 25682514283696 E 100-15999-5022 47.39 MAGAZINES HOMEWORK CLUB SPRINGSHARE, LLC 2/22/2017 25690217-A1110 E 100-15110-5021 166.00 EQUIPMENT BOOKING MODULE SSF ROTARY CLUB 2/24/2017 25696203/02/17 AT E 100-15110-5030 35.00 SERVICE ABOVE SELF AWARD LUNCHEON THE GALE GROUP, INC 2/17/2017 25682959891714 E 100-15210-5022 24.07 BOOKS 2/17/2017 25682959891714 E 100-15310-5022 24.08 BOOKS 2/17/2017 25682959957681 E 100-15210-5022 495.74 BOOKS THE SWENSON GROUP, INC. 2/15/2017 256769194857 E 100-15110-5045 11,413.00 COPIER PURCHASE - VARIOUS DEPARTMENTS Payments issued for LIBRARY $22,093.68 NON-DEPARTMENTAL ADVANCED BUSINESS FORMS 2/17/2017 25678030231 E 100-07110-5030 30.00 2016 ANNUAL EMPLOYEE LUNCHEON GIVEAWAY AT&T 2/15/2017 256677650 829 1947 221 7 E 781-07210-5071 143.35 PHONE CHARGES 2/17/2017 2567846508292461476 E 781-07210-5071 103.46 PHONE CHARGES 2/17/2017 2567846508733333626 E 781-07210-5071 233.53 PHONE CHARGES 2/17/2017 2567846508756903636 E 781-07210-5071 168.84 PHONE CHARGES 2/17/2017 2567846508756905180 E 781-07210-5071 27.01 PHONE CHARGES Monday, February 27, 2017 Page 8 of 22 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between an2/11/2017 2/26/2017 -City of South San Francisco NON-DEPARTMENTAL AT&T 2/17/2017 2567846508756920337 E 781-07210-5071 311.52 PHONE CHARGES 2/17/2017 2567846508756952115 E 781-07210-5071 148.13 PHONE CHARGES 2/17/2017 2567846508756970074 E 781-07210-5071 288.20 PHONE CHARGES 2/17/2017 2567846508756998247 E 781-07210-5071 25.32 PHONE CHARGES 2/17/2017 256784C602222506777 E 781-07210-5071 92.25 PHONE CHARGES 2/17/2017 256784C602223715777 E 781-07210-5071 210.78 PHONE CHARGES 2/17/2017 256784C602224667777 E 781-07210-5071 383.94 PHONE CHARGES 2/17/2017 256784C607319534777 E 781-07210-5071 119.46 PHONE CHARGES 2/17/2017 256784C607319649777 E 781-07210-5071 60.12 PHONE CHARGES 2/17/2017 256784C607390210777 E 781-07210-5071 101.83 PHONE CHARGES 2/24/2017 2569186508728593817 E 781-07210-5071 16.62 PHONE CHARGES 2/24/2017 2569186508770762610 E 781-07210-5071 68.19 PHONE CHARGES 2/24/2017 2569186508775360249 E 781-07210-5071 435.00 PHONE CHARGES 2/24/2017 2569186508775378400 E 781-07210-5071 24.22 PHONE CHARGES 2/24/2017 256918C607319701777 E 781-07210-5071 53.60 PHONE CHARGES 2/24/2017 256918C607360199777 E 781-07210-5071 45.80 PHONE CHARGES BARTEL ASSOCIATES, LLC 2/24/2017 25691917-063 E 783-07310-5005 1,907.00 ACTUARIAL CONSULTING SERVICES-CALPERS ANA CALIFORNIA WATER SERVICE 2/15/2017 2566863779544444 E 781-07210-5073 43,008.68 WATER SERVICE CALIFORNIA WATER SERVICE CO 2/15/2017 2566870165444444 E 781-07210-5073 140.20 WATER SERVICE 2/15/2017 2566872432384014 E 781-07210-5073 44.10 WATER SERVICE 2/15/2017 2566873194444444 E 781-07210-5073 32.46 WATER SERVICE 2/15/2017 2566873310807997 E 781-07210-5073 44.29 WATER SERVICE 2/15/2017 2566875187444444 E 781-07210-5073 175.70 WATER SERVICE 2/15/2017 2566877733252569 E 781-07210-5073 88.60 WATER SERVICE 2/15/2017 2566877807444444 E 781-07210-5073 14.77 WATER SERVICE 2/15/2017 2566879639955148 E 781-07210-5073 37.24 WATER SERVICE COMCAST CABLE COMMUNICATION IN2/17/2017 2567948155 20 044 0076067 E 781-07210-5071 85.38 INTERNET SERVICE/MODEM RENTAL DU-ALL SAFETY LLC 2/15/2017 25669818492 E 100-07110-5001 11,302.00 SAFETY PROGRAM CONSULTANT SERVICES MEYERS, NAVE, RIBACK 2/24/2017 2569462017010215 E 782-07410-5003 494.00 CITY ATTNY FEES JAN2017: 405-250 EMERGENCY PACIFIC GAS & ELECTRIC COMPANY2/15/2017 2567300211654236-2 E 781-07210-5070 8.65 GAS/ELECTRIC SERVICE 2/15/2017 2567300285235090-5 E 781-07210-5070 261.72 GAS/ELECTRIC SERVICE 2/15/2017 2567300379629797-0 E 781-07210-5070 81.73 GAS/ELECTRIC SERVICE Monday, February 27, 2017 Page 9 of 22 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between an2/11/2017 2/26/2017 -City of South San Francisco NON-DEPARTMENTAL PACIFIC GAS & ELECTRIC COMPANY2/15/2017 2567302500898977-1 E 781-07210-5070 66.93 GAS/ELECTRIC SERVICE 2/15/2017 2567302814692974-1 E 781-07210-5070 110.07 GAS/ELECTRIC SERVICE 2/15/2017 2567302900060739-9 E 781-07210-5070 22.42 GAS/ELECTRIC SERVICE 2/15/2017 2567303635896993-3 E 781-07210-5070 71.03 GAS/ELECTRIC SERVICE 2/15/2017 2567304575602530-5 E 781-07210-5070 10.91 GAS/ELECTRIC SERVICE 2/15/2017 2567305177240092-8 E 781-07210-5070 395.76 GAS/ELECTRIC SERVICE 2/15/2017 2567305534400076-9 E 781-07210-5070 15.97 GAS/ELECTRIC SERVICE 2/15/2017 2567305548997000-8 E 781-07210-5070 1,998.76 GAS/ELECTRIC SERVICE 2/15/2017 2567305961515715-9 E 781-07210-5070 60.46 GAS/ELECTRIC SERVICE 2/15/2017 2567306035223249-4 E 781-07210-5070 222.05 GAS/ELECTRIC SERVICE 2/15/2017 2567306152070396-0 E 781-07210-5070 115.24 GAS/ELECTRIC SERVICE 2/15/2017 2567306846819681-8 E 781-07210-5070 86.08 GAS/ELECTRIC SERVICE 2/15/2017 2567307036130873-0 E 781-07210-5070 139.05 GAS/ELECTRIC SERVICE 2/15/2017 2567307785237739-7 E 781-07210-5070 134.22 GAS/ELECTRIC SERVICE 2/15/2017 2567308177181277-3 E 781-07210-5070 71.05 GAS/ELECTRIC SERVICE 2/15/2017 2567308701065497-5 E 781-07210-5070 88.77 GAS/ELECTRIC SERVICE 2/15/2017 2567308923172305-0 E 781-07210-5070 22.28 GAS/ELECTRIC SERVICE 2/15/2017 2567315908002015-5 E 781-07210-5070 47,076.61 ELECTRIC SERVICE-WQCP 2/15/2017 2567318634831335-3 E 781-07210-5070 1,806.40 GAS SERVICE-WQCP 2/24/2017 2569530216007588-9 E 781-07210-5070 493.15 GAS/ELECTRIC SERVICE 2/24/2017 2569530625843278-7 E 781-07210-5070 374.76 GAS/ELECTRIC SERVICE 2/24/2017 2569531809759572-4 E 781-07210-5070 1,782.77 GAS/ELECTRIC SERVICE 2/24/2017 2569531886610157-1 E 781-07210-5070 1,050.33 GAS/ELECTRIC SERVICE 2/24/2017 2569531944978060-0 E 781-07210-5070 34.65 GAS/ELECTRIC SERVICE 2/24/2017 2569532859665236-3 E 781-07210-5070 8.66 GAS/ELECTRIC SERVICE 2/24/2017 2569533084158901-0 E 781-07210-5070 31.76 GAS/ELECTRIC SERVICE 2/24/2017 2569533569726530-0 E 781-07210-5070 16.79 GAS/ELECTRIC SERVICE 2/24/2017 2569534836977850-0 E 781-07210-5070 159.17 GAS/ELECTRIC SERVICE PRIORITY 1 PUBLIC SAFETY EQUIP2/17/2017 2568165973 E 784-07511-6008 3,765.02 INVESTIGATIONS- VEH 109 OUTFITTING PROCLAIM PROMOTIONS, INC 2/17/2017 25681734884 E 100-07110-5030 7,540.69 FENCE BANNERS 2/17/2017 25681734885 E 100-07110-5030 679.69 HOLIDAY EVENTS- FENCE BANNER TOWNSEND PUBLIC AFFAIRS, INC. 2/24/2017 25696512345 E 100-07110-5001 5,000.00 JAN 2017 GRANT CONSULTING SERVICES Monday, February 27, 2017 Page 10 of 22 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between an2/11/2017 2/26/2017 -City of South San Francisco NON-DEPARTMENTAL TRISTAR RISK MANAGEMENT 2/22/2017 25690690782 E 782-07410-5081 12,733.33 ADMIN SERVICES, MARCH 2017 WC CLAIMS Payments issued for NON-DEPARTMENTAL $147,002.52 PARKS & RECREATION AMAZON MKTPLACE 2/17/2017 256831CC339927 E 100-17210-5021 6.99 GM - AUDIO CORD FOR SOUND SYSTEM AMAZON.COM 2/17/2017 256831CC341433 E 100-17210-5021 29.22 GM - REPLACEMENT CORD FOR MSB SOUND SYST ARBOR DAY FOUNDATION 2/17/2017 256831CC342508 E 100-17320-5050 93.85 BC CC PURCHASE: TREE LITERATURE B&B CUSTOM DESIGNS 2/17/2017 25678616118 E 100-17240-5021 468.03 YOUTH T-SHIRTS FOR RAPP BASKETBALL CLINIC 2 BILLY HUSTACE PHOTOGRAPHY 2/17/2017 256789021417_ssf E 100-17276-5061 3,987.63 PHOTOS FOR RECREATION WEBSITE, ADVERTISIN BSN SPORTS, INC 2/15/2017 25668298672854 E 100-17240-5021 113.75 SPORTS SUPPLIES FOR TERRABAY GYM CA PARKS & RECREATION SOCIETY 2/17/2017 256831CC339803 E 100-17230-5031 445.00 GM - 2017 CPRS ANNUAL CONFERENCE REG. FOR 2/17/2017 256831CC339924 E 100-17210-5031 445.00 GM - REG FOR 2017 CPRS ANNUAL CONFERENCE 2/17/2017 256831CC339926 E 100-17260-5031 445.00 GM - REG FOR 2017 CPRS ANNUAL CONFERENCE 2/17/2017 256831CC340108 E 100-17250-5031 220.00 GM - 2017 CPRS CONFERENCE REGISTRATION A. 2/17/2017 256831CC340108 E 100-17110-5033 225.00 GM - 2017 CPRS CONFERENCE REGISTRATION A. COMCAST CABLE COMMUNICATION IN2/15/2017 2566918155200440252494 E 100-17240-5021 55.11 MONTHLY CABLE BILL FOR TERRABAY BUILDING J 2/24/2017 2569288155 20 044 0252502 E 100-17410-5001 48.79 CORP YARD CABLE SERVICE CONSTANT CONTACT, INC. 2/17/2017 256831CC339795 E 100-17110-5021 195.00 GM - MONTHLY EMAIL SERVICE 2/17/2017 256831CC341438 E 100-17110-5021 195.00 GM - MONTHLY EMAIL SERVICE DALTILE 2/17/2017 256831CC342771 E 100-17320-5050 76.05 BC CC PURCHASE: PARKS DIV OPER SUPP DIANA GONZALEZ 2/15/2017 25670411/29/16-02/01/17 E 100-17275-5021 123.52 PRESCHOOL SUPPLIES FACEBOOK 2/17/2017 256831CC339799 E 100-17210-5021 51.52 GM -SPECIAL EVENT PROMOTION 2/17/2017 256831CC341446 E 100-17210-5021 32.00 GM - EVENT/CLASSES PROMOTION JOSIE JOHANSEN-ZINGAPAN 2/22/2017 256862JJZ 2-22-2017 E 100-17111-5021 152.00 SALE OF ART FROM PHOTOGRAPHY SHOW KAREN MOY 2/22/2017 256878KM 2-22-2017 E 100-17111-5021 40.00 ART SALE FROM PHOTOGRAPHY SHOW MILO MELEISEA 2/17/2017 256809945064 R 100-17250-35301 350.00 REFUND OF DAMAGE DEPOSIT FOR HALL RENTAL OTIS ELEVATOR COMPANY 2/15/2017 256729SJ36889002 E 100-17971-5061 5,185.84 ELEVATOR MAINTENANCE - MSB PITTSBURG WATER COOLER 2/17/2017 256831CC342797 E 100-17320-5050 66.55 BC CC PURCHASE: PARKS OPER SUPP 2/17/2017 256831CC342799 E 100-17320-5050 54.95 BC CC PURCHASE: PARKS OPER SUPP 2/17/2017 256831CC342803 E 100-17320-5050 54.35 BC CC PURCHASE: PARKS OPER SUPP QUILL CORPORATION 2/24/2017 2569574480934 E 100-17110-5020 252.71 OFFICE SUPPLIES AND COPY PAPER FOR MSB AD READYREFRESH 2/15/2017 25674107B0030587026 E 100-17210-5020 44.67 MONTHLY BOTTLED WATER SVC FOR MSB ADMI Monday, February 27, 2017 Page 11 of 22 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between an2/11/2017 2/26/2017 -City of South San Francisco PARKS & RECREATION READYREFRESH 2/17/2017 25682107B0030586945 E 100-17276-5021 27.11 MONTHLY CABLE BILL FOR MAGNOLIA SENIOR CE 2/22/2017 25689117B5729903004 E 100-17410-5001 45.02 CORP YARD BOTTLED WATER 2/22/2017 25689117B5729903004 E 100-17310-5001 45.01 CORP YARD BOTTLED WATER ROBERT BROOK AND ASSOCIATES 2/17/2017 256831CC342770 E 100-17320-5050 72.65 BC CC PURCHASE: PARKS DIV OPER SUPP SAFEWAY STORE 2/17/2017 256831CC341425 E 100-17210-5021 38.19 GM - CHILDCARE SNACKS SCHOOL HOUSE GROCERY 2/17/2017 256831CC341449 E 100-17110-5021 15.96 GM - REFRESHMENTS FOR MEETING (15) JUNIOR STAPLES CREDIT PLAN 2/17/2017 256831CC342419 E 100-17320-5050 42.57 DA CC PURCHASE - PARKS DIV SUPP THE SWENSON GROUP, INC. 2/15/2017 256769194857 E 100-17110-5045 23,889.00 COPIER PURCHASE - VARIOUS DEPARTMENTS ULISESS CATERING SERVICES 2/22/2017 25690802/10/17 E 100-17111-5061 1,065.19 CATERING FOR CULTURAL ARTS - PHOTO SHOW Payments issued for PARKS & RECREATION $38,698.23 POLICE ACCO BRANDS USA LLC 2/22/2017 256907CC343072 E 100-12110-5020 57.97 CB - DESK CALENDARS ADVANCED BUSINESS FORMS 2/22/2017 25683630207 E 100-12210-5025 806.54 PARKING CITATIONS 2/22/2017 25683630208 E 100-12210-5025 700.09 MOVING CITATIONS ANTONIO BAGGETTA 2/15/2017 256678JAN/FEB 2017 E 100-12720-5061 80.00 REIMBURSEMENT FOR K9 EXPENSES ART'S PENINSULA LOCKSMITH 2/22/2017 256840443740 E 100-12720-5021 8.72 STORAGE KEY LOCK - KEY BECKY DABNEY 2/15/2017 256693JAN/FEB 2017 E 100-12720-5061 80.00 REIMBURSEMENT FOR K9 EXPENSES BLAKE MOLYNEUX 2/15/2017 256721JAN/FEB 2017 E 100-12720-5061 80.00 REIMBURSEMENT FOR K9 EXPENSES CHRISTOPHER DEVAN 2/15/2017 256696JAN/FEB 2017 E 100-12720-5061 80.00 REIMBURSEMENT FOR K9 EXPENSES DEPT OF MOTOR VEHICLES 2/15/2017 25669502/10/17 E 100-12110-5022 68.26 2017 VEHICLE CODE BOOKS (4) EASTMAN INVESTIGATIVE SERVICES2/22/2017 256854364 E 100-12720-5036 1,100.00 BACKGROUND INVESTIGATION - OFFICER EQUIFAX 2/17/2017 256831CC343069 E 100-12720-5036 29.95 AP - EMPLOYMENT VERIFICATION FASTRAK 2/22/2017 256907CC343167 E 100-12110-5031 30.00 LS - TOLL VIOLATION HERTZ RENT A CAR 2/22/2017 256907CC343165 E 100-12720-5021 186.00 LS - RENTAL VEHICLE BAIT CAR IRON MOUNTAIN 2/24/2017 256939NKZ2059 E 100-12110-5020 519.19 DOCUMENT DESTRUCTION SERVICES LANGUAGE LINE SERVICES 2/24/2017 2569433991738 E 100-12720-5005 82.77 TRANSLATION LC ACTION POLICE SUPPLY LTD 2/24/2017 256944361612 E 100-12720-5034 557.18 RIFLE PARTS - FUKUSHIMA LEXISNEXIS 2/24/2017 2569451701337588 E 100-12720-5061 104.40 INVESTIGATIVE DATABASE MARTY MAHON 2/15/2017 256715JAN/FEB 2017 E 100-12720-5061 80.00 REIMBURSEMENT FOR K9 EXPENSES METRO MOBILE COMMUNICATIONS 2/22/2017 25687738728 E 100-12720-5051 1,889.35 NEW HELMET FOR MOTOR OFFICER - FERRETTI OFFICE DEPOT INC 2/24/2017 256951892825651001 E 100-12110-5020 6.63 OFFICE SUPPLIES Monday, February 27, 2017 Page 12 of 22 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between an2/11/2017 2/26/2017 -City of South San Francisco POLICE OFFICE DEPOT INC 2/24/2017 256951895234946001 E 100-12110-5020 122.83 DISPATCH SUPPLIES 2/24/2017 256951895244496001 E 100-12110-5020 87.38 DISPTACH SUPPLIES 2/24/2017 256951897761638001 E 100-12110-5020 248.02 OFFICE SUPPLIES PENINSULA UNIFORMS & EQUIP INC2/22/2017 256887125947 E 100-12720-5034 492.27 BULLET PROOF VEST - A PINELL 2/22/2017 256887125947 E 100-12999-5999 412.32 BULLET PROOF VEST - A PINELL PET FOOD EXPRESS 2/22/2017 25688801/05/17 MILLER E 100-12720-5061 179.40 CANINE FOOD - MILLER 2/22/2017 25688801/14/17 MAHON E 100-12720-5061 327.26 CANINE FOOD - MAHON 2/22/2017 25688801/21/17 MOLYNEUX E 100-12720-5061 179.40 CANINE FOOD - MOLYNEUX 2/22/2017 25688801/31/17 DABNEY E 100-12720-5061 191.37 CANINE FOOD - DABNEY 2/22/2017 25688802/13/17 BAGGETTA E 100-12720-5061 195.72 CANINE FOOD - BAGGETTA PRODUCTIVE PRINTING & GRAPHICS2/15/2017 25673531506 E 100-12210-5025 545.16 POLICE LETTERHEAD/ENVELOPES REG/WINDOW RIVERSIDE COUNTY SHERIFF'S D 2/24/2017 256958BCTC0004154 E 100-12720-5033 422.00 BICYCLE PATROL - CLASS SAN DIEGO POLICE EQUIP. CO.INC2/22/2017 256894626005 E 100-12720-5021 1,298.48 HAND GUN AMMUNITION 2/22/2017 256894626014 E 100-12720-5021 302.33 HANDGUN AMMUNITION SAN MATEO COUNTY FORENSIC LAB 2/22/2017 256896CL05053 E 100-12720-5002 13,178.40 LAB FEES STEVEN MILLER 2/15/2017 256720JAN/FEB 2017 E 100-12720-5061 80.00 REIMBURSEMENT FOR K9 EXPENSES SUMMIT BICYCLES 2/22/2017 256907CC343164 E 100-12720-5034 212.01 LS - BICYCLE EQUIPMENT FOR NEW BIKE PATROL TELECOMMUNICATIONS ENG ASSOC 2/22/2017 25690444669 E 821-12755-6005 3,895.83 DC POWER SYSTEM INSTALLATION 2/22/2017 25690444676 E 100-12410-5001 4,735.00 RADIOS MAINTEN FOR FY 2016 -2017 - FEB INVOI 2/22/2017 25690444680 E 100-12410-5005 16,583.33 PROF. SERVICES FOR FY 16-17 - FEB INVOICE THE SWENSON GROUP, INC. 2/15/2017 256769194857 E 100-12110-5045 10,287.00 COPIER PURCHASE - VARIOUS DEPARTMENTS THOMSON REUTERS 2/15/2017 256770835436017 E 100-12110-5022 114.98 CA PENAL CODE 2017 PAMPHLET 2/15/2017 256770835466479 E 100-12110-5022 241.44 CA PENAL CODE PAMPHLET 2017 - (7) VERIZON WIRELESS 2/22/2017 2569109779530695 E 100-12410-5071 1,429.41 DATA CARD SERVICES FOR LAPTOPS IN PATROL C WILLIAM SCHWARTZ 2/24/2017 25696001/18/17 E 100-12720-5033 158.07 HUMAN TRAFFICKING SUMMIT - EXPENSES YMCA OF SAN FRANCISCO 2/24/2017 256974FY 2016-17 E 100-12210-5001 51,200.00 CLINIC BASED COUNSELING SERVICES 2/24/2017 256974FY 2016-17-2 E 100-12210-5001 26,300.00 SCHOOL BASED COUNSELING SERVICES Payments issued for POLICE $139,966.46 PUBLIC WORKS 3M LIBRARY SYSTEMS 2/15/2017 256669SS48767 E 100-13430-5021 160.17 SIGNS & TRAFFIC MARKINGS OPER SUPPLIES 2/15/2017 256669SS48768 E 100-13430-5021 3,259.83 SIGNS & TRAFFIC MARKINGS OPER SUPPLIES Monday, February 27, 2017 Page 13 of 22 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between an2/11/2017 2/26/2017 -City of South San Francisco PUBLIC WORKS AERATION POWER SYSTEMS INC 2/22/2017 25683733669 E 710-13942-5051 2,728.16 REPLACEMENT SUBMERSIBLE MIXERS AND POWE AIRGAS USA, LLC 2/15/2017 2566729942679474 E 710-13315-5021 2.01 SEWER MAINT OPER SUPPLIES AIRPORT AUTO PARTS INC 2/15/2017 256673354708 E 781-13610-5021 88.72 GARAGE STOCK & VEH 269 OPER SUPP 2/24/2017 256914355292 E 781-13610-5021 15.58 GARAGE OPER SUPP- VEH 0854 ALPHA ANALYTICAL LABORATORIES 2/17/2017 25678170204849-MD_SSF E 710-13953-5005 210.00 FY 2016-2017 ANALYTICAL SERVICES 2/17/2017 2567817020777-MD_SSF E 710-13953-5005 464.00 FY 2016-2017 ANALYTICAL SERVICES 2/17/2017 2567817021069-MD_SSF E 710-13951-5005 80.00 FY 2016-2017 ANALYTICAL SERVICES 2/17/2017 2567817021070-MD_SSF E 710-13953-5005 5.00 FY 2016-2017 ANALYTICAL SERVICES 2/17/2017 2567817021342-MD_SSF E 710-13953-5005 279.00 FY 2016-2017 ANALYTICAL SERVICES 2/17/2017 2567817021433-MD_SSF E 710-13953-5005 55.00 FY 2016-2017 ANALYTICAL SERVICES 2/17/2017 2567817021434-MD_SSF E 710-13953-5005 279.00 FY 2016-2017 ANALYTICAL SERVICES 2/17/2017 2567817021435-MD_SSF E 710-13953-5005 279.00 FY 2016-2017 ANALYTICAL SERVICES 2/17/2017 2567817021436-MD_SSF E 710-13953-5005 279.00 FY 2016-2017 ANALYTICAL SERVICES 2/17/2017 2567817021437-MD_SSF E 710-13953-5005 279.00 FY 2016-2017 ANALYTICAL SERVICES 2/17/2017 2567817021438-MD_SSF E 710-13953-5005 279.00 FY 2016-2017 ANALYTICAL SERVICES 2/17/2017 2567817021563-MD_SSF E 710-13951-5005 163.00 FY 2016-2017 ANALYTICAL SERVICES 2/17/2017 2567817021698-MD_SSF E 710-13953-5005 512.00 FY 2016-2017 ANALYTICAL SERVICES ALTRANS 2/17/2017 25678231-1220 E 100-13999-5999 450.00 SOUTH CITY SHUTTLE MONITORING FOR NOVME 2/17/2017 25678231-1233 E 100-13999-5999 450.00 SOUTH CITY SHUTTLE MONITORING FOR DECEMB AMERICAN AIR SYSTEMS INC 2/22/2017 25683817-0146 E 710-13943-5051 590.00 FY16-17 BOILER MAINTENANCE 2/22/2017 25683817-0147 E 710-13961-5050 8,700.00 FY16-17 HVAC MAINTENANCE 2/22/2017 25683817-0148 E 710-13943-5051 624.00 FY16-17 BOILER MAINTENANCE AMOURA 2/15/2017 256772CC342745 E 100-13410-5031 227.33 MF -- PUB WORKS DIRECTOR INTERVIEW LUNCHE AQUADYNE ASSOCIATES 2/24/2017 25691616-067 E 710-13943-5051 20,228.37 REPLACEMENT TOTAL SOLIDS SENSOR ASSMBLY ARAMARK UNIFORM SERVICES 2/17/2017 256783757840760 E 710-13910-5001 112.90 WEEKLY UNIFORM SERVICE 2/17/2017 256783757840761 E 710-13910-5001 188.10 WEEKLY UNIFORM SERVICE 2/17/2017 256783757840773 E 100-13410-5001 255.20 STREET DIVISION UNIFORMS 2/17/2017 256783757840775 E 710-13315-5001 13.95 GARAGE DIVISION UNIFORMS 2/17/2017 256783757840776 E 710-13315-5001 35.95 GARAGE FENDER SEAT COVERS & SHOP TOWELS 2/22/2017 256839757852687 E 710-13910-5001 112.90 WEEKLY UNIFORM SERVICE 2/22/2017 256839757852688 E 710-13910-5001 186.60 WEELY UNIFORM SERVICE 2/22/2017 256839757852700 E 100-13410-5001 436.20 STREET DIVISION UNIFORMS Monday, February 27, 2017 Page 14 of 22 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between an2/11/2017 2/26/2017 -City of South San Francisco PUBLIC WORKS ARAMARK UNIFORM SERVICES 2/24/2017 256917757852702 E 710-13315-5001 66.45 GARAGE DIVISION UNIFORMS 2/24/2017 256917757852703 E 710-13315-5001 35.95 SHOP TOWELS & FENDER SEAT COVERS AZCO SUPPLY, INC. 2/17/2017 256785207102 E 100-13460-5021 3,402.05 STREETLIGHTING OPER SUPPLIES BAY AREA AIR QUALITY MGMT DIST2/24/2017 2569203YH10 E 710-13910-5002 16,767.00 BAY AREA AIR QUALITY- WQCP ANNUAL PERMIT BETTS TRUCK PARTS 2/17/2017 25678804588934 E 781-13610-5021 1,307.64 GARAGE OPER SUPPLIES VEH 317 BOB JR'S TOWING INC 2/24/2017 256921028024 E 781-13610-5001 75.00 TOWING VEH 405- MSB TO CORP YARD BUCKLES-SMITH ELECTRIC CO 2/24/2017 2569243023184-00 E 710-13941-5051 657.03 ELECTRICAL SUPPLIES-SHALLOW BLOCK CAL SIGNAL CORP 2/17/2017 2567906608 E 100-13450-5021 972.33 SIGNALS OPER SUPPLIES CASEY SMITH 2/15/2017 25675002/12/17 E 710-13910-5033 230.00 S.W.R.C.B. GRADE II CERTIFICATION RENEWAL CITY AUTO SUPPLY 2/22/2017 2568473-395351 E 781-13610-5021 63.63 GARAGE OPER SUPPLIES- VEH 308 & 103 2/22/2017 2568473-396369 E 781-13610-5021 10.98 GARAGE OPER SUPPLIES 2/24/2017 2569273-397913 E 781-13610-5021 14.66 GARAGE STOCK & VEH 200 OPER SUPP CITY MECHANICAL INC 2/22/2017 25684835660 E 720-13720-5005 1,174.47 HVAC MAINT @ MPG COLE-PARMER INSTRUMENT COMPANY2/17/2017 2567931033396 E 710-13951-5021 109.22 LAB SUPPLIES COMCAST CABLE COMMUNICATION IN2/24/2017 2569288155 20 044 0252502 E 100-13410-5001 48.78 CORP YARD CABLE SERVICE CWEA - SANTA CLARA VALLEY SECT2/15/2017 25669202/14/17 E 710-13910-5033 140.00 CWEA- SCVS SEMINAR #43 DEVIN KEAHI 2/15/2017 25670912/15/16-01/03/17 E 710-13315-5031 129.47 STANDBY MILEAGE REIMBURSEMENT FOR 12/15/ DUDLEY PERKINS CO 2/17/2017 256798364558 E 781-13610-5021 168.08 GARAGE OPER SUPP- VEH 41 DYSERT ENVIRONMENTAL INC 2/22/2017 25685311761 E 710-13953-5005 245.00 FY 2016-2017 SAMPLING SERVICES 2/22/2017 25685311762 E 710-13953-5005 350.00 FY 2016-2017 SAMPLING SERVICES 2/22/2017 25685311763 E 710-13953-5005 155.00 FY 2016-2017 SAMPLING SERVICES 2/22/2017 25685311764 E 710-13953-5005 245.00 FY 2016-2017 SAMPLING SERVICES 2/22/2017 25685311765 E 710-13953-5005 245.00 FY 2016-2017 SAMPLING SERVICES 2/22/2017 25685311766 E 710-13953-5005 245.00 FY 2016-2017 SAMPLING SERVICES 2/22/2017 25685311767 E 710-13953-5005 155.00 FY 2016-2017 SAMPLING SERVICES 2/22/2017 25685311768 E 710-13953-5005 400.00 FY 2016-2017 SAMPLING SERVICES 2/22/2017 25685311769 E 710-13953-5005 245.00 FY 2016-2017 SAMPLING SERVICES 2/22/2017 25685311770 E 710-13953-5005 245.00 FY 2016-2017 SAMPLING SERVICES 2/22/2017 25685311771 E 710-13953-5005 245.00 FY 2016-2017 SAMPLING SERVICES 2/22/2017 25685311790 E 710-13953-5005 490.00 FY 2016-2017 SAMPLING SERVICES 2/22/2017 25685311791 E 710-13953-5005 400.00 FY 2016-2017 SAMPLING SERVICES 2/22/2017 25685311792 E 710-13953-5005 800.00 FY 2016-2017 SAMPLING SERVICES Monday, February 27, 2017 Page 15 of 22 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between an2/11/2017 2/26/2017 -City of South San Francisco PUBLIC WORKS DYSERT ENVIRONMENTAL INC 2/22/2017 25685311804 E 710-13953-5005 350.00 FY 2016-2017 SAMPLING SERVICES 2/22/2017 25685311819 E 710-13953-5005 155.00 FY 2016-2017 SAMPLING SERVICES 2/22/2017 25685311820 E 710-13953-5005 350.00 FY 2016-2017 SAMPLING SERVICES 2/22/2017 25685311826 E 710-13953-5005 490.00 FY 2016-2017 SAMPLING SERVICES 2/22/2017 25685311827 E 710-13953-5005 245.00 FY 2016-2017 SAMPLING SERVICES 2/22/2017 25685311828 E 710-13953-5005 245.00 FY 2016-2017 SAMPLING SERVICES 2/22/2017 25685311831 E 710-13953-5005 155.00 FY 2016-2017 SAMPLING SERVICES 2/22/2017 25685311832 E 710-13953-5005 245.00 FY 2016-2017 SAMPLING SERVICES 2/22/2017 25685311833 E 710-13953-5005 245.00 FY 2016-2017 SAMPLING SERVICES 2/22/2017 25685311834 E 710-13953-5005 350.00 FY 2016-2017 SAMPLING SERVICES 2/22/2017 25685311835 E 710-13953-5005 245.00 FY 2016-2017 SAMPLING SERVICES 2/22/2017 25685311836 E 710-13953-5005 400.00 FY 2016-2017 SAMPLING SERVICES 2/22/2017 25685311837 E 710-13953-5005 245.00 FY 2016-2017 SAMPLING SERVICES 2/22/2017 25685311838 E 710-13953-5005 245.00 FY 2016-2017 SAMPLING SERVICES 2/22/2017 25685311839 E 710-13953-5005 245.00 FY 2016-2017 SAMPLING SERVICES 2/22/2017 25685311840 E 710-13953-5005 155.00 FY 2016-2017 SAMPLING SERVICES 2/24/2017 25693411760 E 710-13951-5005 302.50 FY 2016-2017 SAMPLING SERVICES 2/24/2017 25693411829 E 710-13951-5005 445.00 FY 2016-2017 SAMPLING SERVICES 2/24/2017 25693411830 E 710-13951-5005 302.50 FY 2016-2017 SAMPLING SERVICES 2/24/2017 25693411841 E 710-13951-5005 302.50 FY 2016-2017 SAMPLING SERVICES EXPROLINK 2/17/2017 25679934181 E 781-13610-5021 686.15 GARAGE OPER SUPPLIES- VEH 625 FISHER SCIENTIFIC COMPANY, LLC2/15/2017 2567029327146 E 710-13951-5021 210.97 FY2016-17 LAB SUPPLIES-PO LIMIT $10,000 FLYERS ENERGY LLC 2/15/2017 25670317-410151 E 781-13610-5028 1,009.41 CORP YARD LUBRICANTS 2/15/2017 25670317-410152 E 781-13610-5028 1,650.31 CORP YARD LUBRICANTS 2/15/2017 25670317-412995 E 781-13610-5028 2,087.78 CORP YARD FUEL 2/22/2017 25685617-416198 E 781-13610-5028 692.96 CORP YARD DIESEL 2/24/2017 25693517-414010 E 781-13610-5028 335.33 CORP YARD GARAGE- ANTIFREEZE 2/24/2017 25693517-417468 E 781-13610-5028 1,637.87 FS 63 FUEL 2/24/2017 25693517-417469 E 781-13610-5028 245.26 FS 64 FUEL GCS ENVIRONMENTAL EQUIPT SVCS 2/24/2017 25693615070 E 781-13610-5021 748.23 GARAGE OPER SUPPLIES- VEH 310 GOLDEN STATE CHEMICAL & SUPPLY2/17/2017 256801929075 E 710-13922-5021 1,405.59 OPERATING SUPPLIES 2/17/2017 256801929077 E 710-13943-5021 3,052.18 OPERATING SUPPLIES Monday, February 27, 2017 Page 16 of 22 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between an2/11/2017 2/26/2017 -City of South San Francisco PUBLIC WORKS GOLDEN STATE CHEMICAL & SUPPLY2/17/2017 256801929080 E 710-13922-5021 1,347.72 OPERATING SUPPLIES 2/17/2017 256801929081 E 710-13922-5021 1,756.61 OPERATING SUPPLIES GRAND AVENUE HARDWARE 2/24/2017 25693715132/2700 E 100-13440-5021 40.57 STREET MAINT OPER SUPPLIES 2/24/2017 25693715132/2700 E 710-13315-5021 242.22 STREET MAINT OPER SUPPLIES GRANITEROCK COMPANY 2/24/2017 2569381011719 E 100-13411-5021 160.91 STREET MAINT OPER SUPPLIES HERCRENTALS 2/15/2017 25670529049849-001 E 710-13943-5051 4,640.09 MANLIFT RENTAL FOR DIGESTER JAM SERVICES INC 2/17/2017 25680290943 E 100-13450-5021 6,320.11 SIGNALS OPER SUPPLIES K-119 OF CALIFORNIA 2/15/2017 25670868513 E 710-13922-5050 131.07 TRIMMER LINE HEAD 2/17/2017 25680368156 E 781-13610-5021 104.33 GARAGE OPER SUPP- VEH 505 2/17/2017 25680368183 E 710-13315-5021 1,201.67 SEWER MAINT OPER SUPPLIES 2/24/2017 25694068263 E 710-13943-5051 127.01 SHOP TOO RE-SUPPLY KOMLINE-SANDERSON ENG CORP 2/15/2017 25671042033989 E 710-13943-5051 1,241.75 SEAL KITS LARRY WALKER ASSOCIATES, INC. 2/22/2017 25686900516.04-4 E 710-13910-5002 551.25 WASTEWATER REGULATORY ASSIST. LEO TORIO OPTOMETRIC CORP 2/22/2017 25687101/19/17 E 740-13820-5034 279.00 SAFETY GLASSES - MCDANIEL, J. LOWE'S CREDIT SERVICES 2/22/2017 256873902202 E 710-13315-5021 474.21 SEWER MAINT OPER SUPPLIES 2/22/2017 256873902645 E 100-13450-5021 9.29 SIGNALS OPER SUPPLIES 2/22/2017 256873916814 E 710-13922-5050 106.19 COAX CABLE REPAIR RESTOCK MARGARET KELLEY 2/24/2017 25694102/14-02/17/17 E 710-13910-5033 745.72 HOTEL EXPENSE ( GRADE III REVIEW COURSE) MCMASTER-CARR SUPPLY CO 2/15/2017 25671713064485 E 710-13943-5051 80.96 MAINTENANCE SUPPLIES 2/15/2017 25671713064485 E 710-13941-5050 28.74 MAINTENANCE SUPPLIES 2/15/2017 25671713064485 E 710-13932-5051 318.44 MAINTENANCE SUPPLIES 2/22/2017 25687613193030 E 710-13943-5051 390.20 TOOLS 2/22/2017 25687613573581 E 710-13941-5051 42.80 FITTINGS & TOOLS 2/22/2017 25687613976152 E 710-13942-5050 28.67 TAG HOLDERS 2/22/2017 25687613989480 E 710-13951-5051 2,725.98 MAINTENANCE SUPPLIES- FILTERS, RAMPS 2/22/2017 25687614190938 E 710-13941-5051 40.88 EQUIPMENT NON-SKID TIPS, TAGS MEYERS, NAVE, RIBACK 2/15/2017 2567192016120200 E 250-13510-5003 24.50 CITY ATTY FEES DEC'2016- 405-236 SOLID WASTE 2/15/2017 2567192016120201 E 740-13810-5003 114.00 CITY ATTNY FEES DEC'16 - 405.237 STORM WATE 2/15/2017 2567192016120202 E 710-13910-5003 1,588.50 SSF CITY ATTNY FEES DEC'16 405-238: SEWER SYS 2/24/2017 2569462017010212 E 250-13510-5003 1,081.00 JAN2017 CITY ATTNY FEES - 405-236 SOLID WAST 2/24/2017 2569462017010213 E 740-13810-5003 341.00 JAN2017 CITY ATTNY FEES - 405.237 STORM WAT 2/24/2017 2569462017010214 E 710-13910-5003 1,376.00 JAN2017 SSF CITY ATTNY FEES 405-238: SEWER S Monday, February 27, 2017 Page 17 of 22 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between an2/11/2017 2/26/2017 -City of South San Francisco PUBLIC WORKS MILT'S SIGN SERVICE INC 2/24/2017 25694711781 E 100-13410-5025 213.58 NAME PLATE- EUNEJUNE, K. MOBILE CALIBRATION SERVICES LL2/24/2017 2569482262 E 710-13910-5061 211.50 GAS METER CALIBRATION MOSS RUBBER & EQUIPT CORP 2/15/2017 256722517429-001 E 710-13932-5051 75.74 RAIN GEAR 2/15/2017 256722517510-001 E 710-13941-5050 59.00 RAIN GEAR 2/15/2017 256722517607-001 E 710-13932-5051 16.81 RAIN GEARS/MATERIALS 2/15/2017 256722517608-001 E 710-13932-5051 16.81 RAIN GEARS/MATERIALS 2/17/2017 256812517569-001 E 100-13410-5034 74.75 STREET MAINT OPER SUPPLIES 2/24/2017 256949517540-001 E 740-13820-5021 29.61 STORM MAINT OPER SUPPLIES 2/24/2017 256949517541-001 E 710-13315-5021 171.33 SEWER MAINT OPER SUPPLIES NATIONAL CINEMEDIA, LLC 2/15/2017 256723INV-112819 E 710-13953-5030 747.14 ON-SCREEN OUTREACH 2/15/2017 256723INV-113041 E 710-13953-5030 808.60 ON-SCREEN OUTREACH NSI SOLUTIONS, INC. 2/15/2017 256726339719 E 710-13951-5021 377.00 LAB SUPPLIES 2/22/2017 256879339802 E 710-13951-5021 236.00 LAB SUPPLIES OFFICE DEPOT INC 2/17/2017 256813898323450001 E 710-13953-5021 84.87 OFFICE SUPPLIES 2/17/2017 256813898323450001 E 710-13910-5021 167.60 OFFICE SUPPLIES 2/17/2017 256813899520746001 E 100-13210-5020 319.51 OFFICE SUPPLIES FOR ENGINEERING PLOTTER 2/17/2017 256813900342085001 E 710-13953-5021 70.47 OPERATING SUPPLIES OLE'S CARBURETOR & ELEC INC 2/22/2017 256881406939 E 781-13610-5021 27.96 GARAGE OPER SUPP- VEH 403 2/22/2017 256881406967 E 781-13610-5021 2.02 GARAGE OPER SUPP- VEH 403 2/24/2017 256952407165 E 781-13610-5001 119.07 GARAGE OPER SUPPLIES- VEH 283 OTIS ELEVATOR COMPANY 2/22/2017 256883SJ37125001 E 720-13720-5005 2,941.58 ELEVATOR MAINTENANCE @ MPG PARKING COMPANY OF AMERICA 2/24/2017 256954INVM0010562 E 100-13999-5999 16,050.09 JAN 2017 SOUTH CITY SHUTTLE OPERATIONS PENINSULA BATTERY CO 2/24/2017 256955120010 E 781-13610-5021 98.33 BATTERY- VEH 620 2/24/2017 256955120043 E 781-13610-5021 273.13 GARAGE OPER SUPPLIES- VEH 0854 PETERSON TRUCKS, INC. 2/17/2017 25681558638P E 781-13610-5021 134.28 GARAGE STOCK OPER SUPPLIES POLYDYNE INC 2/22/2017 2568891115677 E 710-13943-5021 2,311.73 FY2016-2017 POLYMER (CLARIFLOC) SUPPLY 2/24/2017 2569561115427 E 710-13943-5021 10,252.02 FY2016-2017 POLYMER (CLARIFLOC) SUPPLY R&B COMPANY 2/15/2017 256737S1624748.002 E 710-13315-5021 82.44 SEWER MAINT OPER SUPPLIES 2/15/2017 256737S1624748.003 E 710-13315-5021 20.57 SEWER MAINT OPER SUPPLIES RDO EQUIPMENT CO 2/17/2017 256820P64976 E 781-13610-5021 1,302.02 GARAGE OPER SUPPLIES- VEH 609 READYREFRESH 2/15/2017 25674117B0028246270 E 710-13910-5021 239.11 WATER-BILLING PERIOD (01/07-02/06/17) 2/22/2017 25689117B5729903004 E 781-13610-5001 45.02 CORP YARD BOTTLED WATER Monday, February 27, 2017 Page 18 of 22 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between an2/11/2017 2/26/2017 -City of South San Francisco PUBLIC WORKS READYREFRESH 2/22/2017 25689117B5729903004 E 100-13410-5001 45.01 CORP YARD BOTTLED WATER RYAN ESTRADA 2/15/2017 25670102/12/17 E 710-13910-5033 50.00 WASTEWATER TREATMENT VOLUME II SABRE BACKFLOW INC. 2/15/2017 2567454328 E 710-13932-5051 114.00 BACKFLOW TEST KIT CALIBRATION SAFETY-KLEEN SYSTEMS INC 2/24/2017 25695972774332 E 710-13941-5051 65.00 PARTS CLEANER SERVICE SCHAEFFER MFG CO 2/15/2017 256747FF23976-INV1 E 710-13943-5051 817.85 BULK OIL 2/15/2017 256747FF23976-INV2 E 710-13942-5051 474.60 BULK OIL SERRAMONTE FORD INC 2/17/2017 256826568250 E 781-13610-5021 23.24 GARAGE OPER SUPPLIES- VEH 128 SHAPE INCORPORATED 2/22/2017 256899122515 E 710-13943-5051 5,189.38 REPLACEMENT NETZSCH SHAFT PUMP SHOE DEPOT INC 2/24/2017 256961136701/1338 E 100-13210-5034 238.78 WORK BOOTS FOR ENGINEER (CLOTHING EXPEN 2/24/2017 256961138197/1338 E 710-13910-5061 166.38 SAFETY SHOES- RICHARD HORNY SIMONDS MACHINERY CO 2/15/2017 256749INV15233 E 710-13951-5051 3,647.60 BARNES PUMP, SEAL & GASKET SOUTH CITY LUMBER AND SUPPLY 2/17/2017 256827895868 E 100-13210-5021 29.83 FIELD SUPPLIES FOR ENGINEERING 2/17/2017 256827895870 E 100-13210-5021 14.22 FIELD SUPPLIES FOR ENGINEERING 2/17/2017 256827903198 E 100-13430-5021 37.19 TRAFFIC SIGNS OPER SUPPLIES 2/17/2017 256827903928 E 740-13820-5021 1.63 STORM MAINT OPER SUPPLIES 2/17/2017 256827903980 E 100-13430-5021 15.86 TRAFFIC SIGNS OPER SUPPLIES 2/22/2017 256901909935 E 710-13315-5021 24.84 SEWER MAINT OPER SUPPLIES 2/22/2017 256901909947 E 710-13315-5021 24.02 SEWER MAINT OPER SUPPLIES 2/22/2017 256901910098 E 710-13910-5021 25.52 AV MATERIALS STEVEN'S BAY AREA DIESEL SER I2/24/2017 25696341536 E 781-13610-5001 1,560.24 VEH 502 REPAIRS & PARTS STEWART CHEVROLET 2/22/2017 25690339078 E 781-13610-5001 1,152.18 GARAGE- VEH 104 TEREX SERVICES 2/15/2017 25676690414734 E 710-13931-5051 1,225.00 QUARTERLY CRANE INSPECTION THATCHER COMPANY OF CALIFORNIA2/15/2017 256767243211 E 710-13941-5021 4,475.93 FY2016-17 FERRIC CHLORIDE 2/24/2017 256964243278 E 710-13941-5021 4,529.29 FY2016-17 FERRIC CHLORIDE THE LIGHTHOUSE, INC 2/15/2017 2567680316509 E 781-13610-5021 114.17 GARAGE OPER SUPP- VEH 27 THE SWENSON GROUP, INC. 2/15/2017 256769194857 E 100-13110-5045 21,106.00 COPIER PURCHASE - VARIOUS DEPARTMENTS THOMAS BLAKISTON 2/15/2017 25667901/08-02/05/17 E 710-13315-5031 217.31 STANDBY MILEAGE REIMBURSEMENT FOR 1/8/17 TRACTION-GENUINE PARTS CO. 2/15/2017 256771853124216 E 781-13610-5021 49.83 GARAGE STOCK OPER SUPPLIES 2/17/2017 256830853124228 E 781-13610-5028 192.62 GARAGE OPER SUPPLIES 2/22/2017 256905853124369 E 781-13610-5021 52.77 GARAGE STOCK OPER SUPPLIES 2/24/2017 256966853124699 E 781-13610-5021 29.72 GARAGE OPER STOCK SUPPLIES 2/24/2017 256966853124700 E 781-13610-5021 132.72 GARAGE STOCK OPER SUPPLIES Monday, February 27, 2017 Page 19 of 22 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between an2/11/2017 2/26/2017 -City of South San Francisco PUBLIC WORKS UNITED SITE SERVICES OF CA 2/17/2017 256832114-4962717 E 710-13922-5051 104.43 PORTABLE RESTROOM FACILITIES SERVICES 2/17/2017 256832114-4970718 E 710-13922-5051 208.85 PORTABLE RESTROOM FACILITIES SERVICES UNIVAR USA INC 2/15/2017 256774SJ798182 E 710-13964-5021 4,461.63 FY 2016-2017 SODIUM BISULFITE 2/22/2017 256909SJ798422 E 710-13964-5021 3,907.65 FY 2016-2017 SODIUM BISULFITE 2/24/2017 256968SJ799620 E 710-13964-5021 4,463.48 FY 2016-2017 SODIUM BISULFITE 2/24/2017 256968SJ799742 E 710-13964-5021 4,262.72 FY 2016-2017 SODIUM BISULFITE UPS FREIGHT 2/24/2017 2569690000V52111067 E 710-13944-5051 21.05 OUTBOUND FREIGHT CHARGES 2/24/2017 2569690000V52111067 E 710-13961-5051 128.39 OUTBOUND FREIGHT CHARGES VWR INTERNATIONAL LLC 2/15/2017 2567768047527392 E 710-13951-5021 419.88 LAB SUPPLIES 2/15/2017 2567768047573400 E 710-13951-5021 411.92 LAB SUPPLIES W.W. GRAINGER INC. 2/15/2017 2567779343706645 E 710-13941-5051 2,321.34 ELECTRICAL SUPPLIES-FUSES 2/15/2017 2567779349866740 E 710-13943-5050 136.53 OPERATING SUPPLIES 2/15/2017 2567779353538839 E 781-13610-5021 74.69 GARAGE STOCK OPER SUPPLIES 2/15/2017 2567779354651631 E 710-13942-5051 74.84 ELECTRICAL SUPPLIES 2/22/2017 2569119355631178 E 740-13820-5051 21.63 ELECTRICAL TOOLS 2/22/2017 2569119355854804 E 710-13930-5050 74.84 LIGHT BULB RE-STOCK FOR PLANT 2/22/2017 2569119357337964 E 710-13941-5051 51.32 MAINTENANCE SUPPLIES 2/24/2017 2569709362321581 E 100-13460-5021 4,780.46 STREETLIGHTING OPER SUPPLIES WASTEWATER SOLIDS MGMT CO. 2/24/2017 2569711001-17 E 710-13943-5051 96,600.00 DIGESTER NO. 4 AND 5 CLEANING AND ONSITE S WATTCO 2/24/2017 25697247368 E 781-13610-5021 192.40 GARAGE OPER SUPPLIES- VEH 41 ZAP MANUFACTURING INC 2/15/2017 25677945846 E 100-13430-5021 469.30 TRAFFIC MARKINGS OPER SUPPLIES 2/15/2017 25677945851 E 100-13430-5021 948.16 TRAFFIC MARKINGS OPER SUPPLIES 2/22/2017 25691345875 E 100-13430-5021 348.78 TRAFFIC MARKINGS OPER SUPPLIES Payments issued for PUBLIC WORKS $326,914.35 BALANCE SHEET 24/7 ROOTER AND PLUMBING 2/22/2017 256834E17-0027 B 270-21703 500.00 ENCROACHMENT DEPOSIT - 389 HOLLY AVE AMERICAN ARRAY SOLAR INC 2/24/2017 256915B16-1746 B 280-21706 1.69 REIMBURSEMENT FOR CANCELLED PERMIT 2206 CSG CONSULTANTS INC 2/22/2017 256851B161161 B 270-21707 1,187.50 342 ALLERTON AVE- GENENTECH CHILDCARE CEN 2/22/2017 256851B170118 B 270-21707 500.00 342 ALLERTON AVE- GENENTECH CHILDCARE CEN DAVID BALL 2/22/2017 256843E14-0194 B 270-21703 500.00 ENCROACHMENT DEPOSIT - 269 DUNDEE DR IN OUT PLUMBING & CONSTRUCTION2/22/2017 256861E17-0050 B 270-21703 500.00 ENCROACHMENT DEPOSIT - 153 UTAH HAVE Monday, February 27, 2017 Page 20 of 22 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between an2/11/2017 2/26/2017 -City of South San Francisco BALANCE SHEET LARRY VERNA 2/22/2017 256868E17-0051 B 270-21703 500.00 ENCROACHMENT DEPOSIT - 393 GRANADA DR RONALD J GIUFFRE 2/22/2017 256858E17-0057 B 270-21703 1,200.00 ENCROACHMENT DEPOSIT - 111 RAVENWOOD W SIONES CONSTRUCTION 2/22/2017 256900E16-0586 B 270-21703 2,700.00 ENCROACHMENT DEPOSIT - 1107 MISSION RD Payments issued for BALANCE SHEET $7,589.19 CAPITAL IMPROVEMENTS ARCHITECTS MARCY WONG & DONN LOGAN 2/17/2017 2568061612-2,3,4,5 E 510-99999-5999 15,125.44 ON-CALL ARCHITECTURAL SERVICES BORTOLUSSI & WATKIN, INC 2/24/2017 2569225 E 510-99999-5999 24,090.29 CONSTRUCTION, GATEWAY ASSESSMENT IMPRO BRENEMAN INC 2/24/2017 2569231264 E 510-99999-5999 10,482.71 CONSTRUCTION, WILLOW GARDENS PLAYGROUN CAROLLO ENGINEERS, PC 2/24/2017 2569260155190 E 710-99999-5999 61,630.53 WQCP DIGESTER DESIGN PROJECT CRANE TRANSPORTATION GROUP 2/22/2017 2568500117A E 510-99999-5999 4,968.00 EAST OF 101 MODEL UPDATE - SCOPE 1A-A (12/1 2/24/2017 2569290117 E 510-99999-5999 26,228.00 EAST OF 101 MODEL UPDATE SCOPE 1A-1 (11/10- 2/24/2017 2569290217 E 510-99999-5999 10,902.00 EAST OF 101 MODEL UPDATE SCOPE 1B (01/17-0 DEA SECURITY SYSTEMS CO INC 2/17/2017 256797C0101420163 E 510-99999-5999 5,345.60 SECURITY EQUIPMENT FOR GRAND AVE LIBRARY KITCHELL CEM 2/22/2017 25686470763 E 510-99995-5999 39,792.00 MEASURE W - PRE-CONSTRUCTION PROJECT MG MARK THOMAS & CO. INC. 2/17/2017 25680727397 E 510-99999-5999 2,537.50 ON CALL SURVEYING SERVICES 2/22/2017 25687427408 E 510-99999-5999 1,450.00 ON CALL SERVICES FOR CIVIL ENGINEERING 2/22/2017 25687427426 E 510-99999-5999 932.50 ON CALL SERVICES FOR CIVIL ENGINEERING METROPOLITAN TRANS COMMISSION 2/15/2017 256718AR013086 E 510-99999-5999 8,400.00 PAVEMENT MGT. TECHNICAL ASSISTANCE PROGR NINYO AND MOORE GEOTECHNICAL 2/15/2017 256725203039 E 510-99999-5999 11,500.00 ON CALL ENVIRONMENTAL SERVICES SERVICE BY MEDALLION 2/15/2017 25674892074 E 510-99999-5999 18,443.00 MSB M'S RESTROOM REFRESH 2/15/2017 25674892075 E 510-99999-5999 18,906.00 MSB W'S RESTROOM REFRESH SOUTH CITY LUMBER AND SUPPLY 2/22/2017 256901910115 E 740-99999-5999 26.93 SO. AIRPORT PUMP STATION OPER SUPPLIES WILSEY HAM, INC 2/15/2017 25677820942 E 510-99995-5999 4,202.00 MEASURE W - ENGINEERING FOR PUC PARCEL AP 2/15/2017 25677821178 E 710-99999-5999 247.50 ON-CALL CIVIL ENGINEERING SERVICES 2/22/2017 25691221230 E 510-99999-5999 1,210.00 ON-CALL CIVIL ENGINEERING SERVICES Payments issued for CAPITAL IMPROVEMENTS $266,420.00 DESIGNATED FUND BALANCE AMERICAN ARRAY SOLAR INC 2/24/2017 256915B16-1746 B 280-27465 6.00 REIMBURSEMENT FOR CANCELLED PERMIT 2206 ANTONIO BAGGETTA 2/22/2017 25684101/30-02/02/17 B 280-27411 302.40 PARCEL INTERDICTON WORK - HOTEL EXP DANELE DIXON 2/15/2017 25669701/14-02/16/17 B 280-27434 99.78 PROGRAM SUPPLIES Monday, February 27, 2017 Page 21 of 22 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between an2/11/2017 2/26/2017 -City of South San Francisco DESIGNATED FUND BALANCE GOURMET COFFEE SOLUTIONS INC. 2/22/2017 25685902171704 B 280-27408 162.85 SUPPLIES FOR PUBLIC COFFEE MACHINE ICC NAPA SOLANO CHAPTER 2/24/2017 256967CC343084 B 280-27465 2,445.10 PP-2016 CA CODE BOOKS LC ACTION POLICE SUPPLY LTD 2/22/2017 256870361020A B 280-27411 3,967.38 PURCHASE OF 6 NEW RIFLES 2/22/2017 256870361020B B 280-27411 7,797.38 PURCHASE OF NEW RIFLES PENINSULA YELLOW CAB 2/17/2017 25681412312016 B 280-27442 85.50 DOWNTOWN DASHERS 12/01- 12/31/16 SARKIS SIGNS 2/22/2017 2568977658 B 280-27408 104.88 BOOK SALE BANNER SHARON RANALS 2/17/2017 25681902/16/17 B 280-27405 750.00 REIMB FOR 1O DINNERS - $75 EA. FOR CAPRCBM Payments issued for DESIGNATED FUND BALANCE $15,721.27 REFUNDS/REIMBURSEMENTS AMERICAN ARRAY SOLAR INC 2/24/2017 256915B16-1746 R 270-00000-35101 19.50 REIMBURSEMENT FOR CANCELLED PERMIT 2206 EMPLOYEE BENEFIT SPECIALISTS 2/22/2017 2568550080561-IN E 783-00000-4341 1,815.00 PROFSNL SVCS - ACA FULLFILLMENT OF 1095C 20 Payments issued for REFUNDS/REIMBURSEMENTS $1,834.50 TOTAL PAYMENTS FOR PERIOD $1,245,792.23 Monday, February 27, 2017 Page 22 of 22 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-202 Agenda Date:3/8/2017 Version:1 Item #:10. Report regarding a resolution authorizing the filing of a grant application not to exceed $240,000 for State of California Department of Housing and Community Development Department Grant funds through the Housing -Related Parks Program for the Renovation of Gardiner Park in Fiscal Year 2017-2018.(Sharon Ranals, Director of Parks and Recreation) RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the filing of a grant application not to exceed $240,000 for State of California Department of Housing and Community Development Department Grant funds through the Housing-Related Parks (HRP)Program for the Renovation of Gardiner Park in Fiscal Year 2017-2018. BACKGROUND/DISCUSSION The HRP Program was funded through Proposition 1C,the Housing and Emergency Shelter Trust Fund Act of 2006.It was designed to encourage and incentivize cities and counties to develop new residential housing by rewarding those jurisdictions that “approve housing affordable to lower-income households and are in compliance with State housing element law.”In addition to new construction,cities are also eligible to receive HRP Program funds for approving housing units that are to be “substantially rehabilitated”to prevent their removal from the housing supply due to deterioration or other causes. The HRP Program awards funds on a per-bedroom basis for each residential unit affordable to very low and low-income households.Projects must be issued a building permit during the designated HRP Program year. The HRP Program provides funds for identified parks and recreation projects that benefit the community and add to the quality of life. South San Francisco successfully applied for HRP Program funding in 2012.Submitting affordable units that were constructed near South San Francisco High School,the City qualified for $291,350.The funds were applied to the renovation of the Paradise Valley Pocket Park, which was completed in April of 2013. Although there are a number of residential projects in the pipeline,the Economic and Community Development Department has determined that the only eligible units for which building permits were issued during the 2015- 2016 HRP Program year are 179 low-income senior apartments that were rehabilitated through a Beacon Development/Rotary Club partnership at Rotary Plaza,433 Alida Way.The City’s grant consultant,Townsend Public Affairs,was tapped to assist in the completion of the application and calculation of the potential grant award.Based on the number of bedrooms and other criteria,Townsend and Associates estimates that the HRP funding amount is between $105,000 and $240,000,depending on how many “bonus points”are awarded.The final award amount will not be determined until the application is reviewed by the Community Development Department and all criteria are verified. Staff proposes to apply the HRP Program funds (if received)to renovate the Gardiner Playlot,which is located on Gardiner and Randolph,and is the only playground within the neighborhood known as Pecks Lot.This site was also selected as a target for HRP Program funding since it is eligible for “bonus points”based on neighborhood demographics.Gardiner Park is an urban pocket park located in the middle of a residentialCity of South San Francisco Printed on 3/8/2017Page 1 of 2 powered by Legistar™ File #:17-202 Agenda Date:3/8/2017 Version:1 Item #:10. neighborhood demographics.Gardiner Park is an urban pocket park located in the middle of a residential neighborhood at 135 Gardiner Avenue.The one-tenth acre lot is surrounded on three sides by residential properties and bordered on the south side by Gardiner Avenue.The current configuration of the park has a two to five-year age group play area with equipment and rubber surfacing dating from 2006,both of which are in need of replacement.The park includes a half basketball court,drinking fountain and several small landscaping areas.There is a grade change of several feet from the front to the top of the lot,necessitating a series of ramped pathways and retaining walls connecting the play spaces.The proposed project would replace the outdated play equipment,install new rubberized safety surfacing,resurface the basketball court,make structural and cosmetic improvements to the retaining walls and pathways,replace the drinking fountain,re-landscape the planting areas with drought-tolerant selections,and add new site furnishings.The planting improvements would include installation of a new high-efficiency drip irrigation system.The estimated cost of these elements would be approximately $240,000. FUNDING A Capital Improvement Project (CIP)will be submitted for the renovation of this playlot for the 2017-2018 budget.City Council will have the opportunity to consider the Gardiner Park project as part of the annual CIP approval process.Although the full cost of the Gardiner Playlot renovation cannot be determined until designed,staff estimates the CIP project cost in the range of $240,000,so the full grant amount could be applied to Gardiner Park. If the grant amount is less than $240,000,or the project cost is greater than the grant award,the delta between the project cost and the grant award could be funded at City Council discretion either by Zone 4 Park-in-lieu fees or the General Fund, depending upon the total dollar amount of park projects approved for 2017-2018. Grant funds cannot be expended on design or construction prior to award. CONCLUSION It is recommended that the City Council adopt a resolution authorizing the filing of a grant application not to exceed $240,000 for State of California Department of Housing and Community Development Department Grant funds through the HRP Program for the Renovation of Gardiner Park in Fiscal Year 2017-2018. City of South San Francisco Printed on 3/8/2017Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-203 Agenda Date:3/8/2017 Version:1 Item #:10a. Resolution authorizing the filing of a grant application for State of California Department of Housing and Community Development Department Grant funds not to exceed $240,000 through the Housing-Related Parks Program for the Renovation of Gardiner Park in Fiscal Year 2017-2018. WHEREAS,the State of California,Department of Housing and Community Development has issued a Notice of Funding Availability dated November 16,2016 (“NOFA”),under its Housing-Related Parks (“HRP”) Program; and WHEREAS,the City of South San Francisco (“Applicant”)desires to apply for a HRP Program grant and submit the 2016 Designated Program Year Application Package released by the Department of Housing and Community Development for the HRP Program; and WHEREAS,Gardiner Park has not been renovated since 2006,and the play equipment and safety surfacing is in need of replacement,the park has been selected as the target for these funds,if received,to be submitted in the CIP for 2017-2018; and WHEREAS,a proposed renovation to Gardiner Park would be of invaluable benefit to the community as it is the only playground within the neighborhood known as Peck’s Lot; and WHEREAS,the Department of Housing and Community Development is authorized to approve funding allocations for the HRP Program,subject to the terms and conditions of the NOFA,Program Guidelines, Application Package, and Standard Agreement. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes and directs the Applicant to apply for and submit to the Department the HRP Program Application Package released November 2016 for the 2016 Designated Program Year in an amount not to exceed $240,000. BE IT FURTHER RESOLVED if the application is approved,the City is hereby authorized and directed to enter into,execute,and deliver a State of California Standard Agreement (“Standard Agreement”)in an amount not to exceed $240,000,and any and all other documents required or deemed necessary or appropriate to secure the HRP Program Grant from the Department,and all amendments thereto (collectively refer to as the “HRP Grant Documents”). BE IT FURTHER RESOLVED by the City Council of the City of South San Francisco that the Applicant shall be subject to the terms and conditions as specified in the Standard Agreement;funds are to be used for allowable capital asset project expenditures to be identified in Exhibit A of the Standard Agreement;the application in full is incorporated as part of the Standard Agreement;any and all activities funded,information provided,and timelines represented in the application are enforceable through the Standard Agreement;andCity of South San Francisco Printed on 3/16/2017Page 1 of 2 powered by Legistar™ File #:17-203 Agenda Date:3/8/2017 Version:1 Item #:10a. provided,and timelines represented in the application are enforceable through the Standard Agreement;and Applicant hereby agrees to use the funds for eligible capital asset(s)in the manner presented in the application as approved by the Department and in accordance with the NOFA and Program Guidelines and Application Package. BE IT FURTHER RESOLVED by the City Council of the City of South San Francisco that the City Manager is authorized to execute in the name of Applicant the HRP Program Application Package and the HRP Grant Documents as required by the Department for participation in the HRP Program. ***** City of South San Francisco Printed on 3/16/2017Page 2 of 2 powered by Legistar™ 2016 HRP Program Funding Application Page 1 of 17 HOUSING-RELATED PARKS PROGRAM 2016 Designated Program Year Application Instructions The Department of Housing and Community Development (Department) is pleased to release the Housing-Related Parks (HRP) Program Application (application) for the fourth round of the HRP Program. This incentive grant program, totaling approximately $35 million for affordable housing activity during the 2016 Designated Program Year (DPY), is available to eligible cities and counties that meet the threshold requirements specified in Section 102 of the Program Guidelines. The 2016 DPY Notice of Funding Availability (NOFA) issued November 16, 2016 is also available on the Department’s website. APPLICATION PROCESS Application Dates and Details: Applications must be submitted using the application format contained in this Application Package, including the Department’s Applicant Information and Housing Project Cover Sheets, and shall include all additional information specified herein. The HRP Program application is available on the Department’s website. Application Final Filing Date: February 23, 2017 (Thursday) by 5:00 p.m. (no exceptions) Number of Copies: All applicants must submit one original hard copy application with all required attachments and one electronic copy (including the file in Excel format) of the application forms. Applications transmitted by e-mail or by facsimile will not be accepted. Applications must be received by the Department by 5:00 p.m. on the application due date. Post marked applications will not be accepted. Applications must be submitted in a three-ring binder and delivered to one of the following addresses: U.S. Mail Department of Housing and Community Development Division of Housing Policy Development P.O. Box 952053, MS-500 Sacramento, CA 94252-2053 Attn: HRP Program Staff 2016 HRP Program Funding Application Page 2 of 17 Private Carrier (FedEx, UPS, etc.): Department of Housing and Community Development Division of Housing Policy Development 2020 West El Camino Avenue, Suite 500 Sacramento, CA 95833 Attn: HRP Program Staff Contact Information: If you have any questions about the application or require technical assistance, please contact the Program Representative for your area or the Department at (916) 263-7421. For additional information, please refer to the HRP Program NOFA and Program Guidelines. If the Representative for your area as defined above is unavailable, please feel free to contact an alternative Program Representative. Application Review Process: Each application will first be reviewed for completeness, threshold eligibility requirements, and accuracy. In order to be considered complete, an application must contain all requested information and supporting documentation. All applications must also meet the eligibility threshold requirements as specified in the NOFA and Program Guidelines. If the application is ineligible, it will not be considered for funding. All applicants not meeting the eligibility threshold requirements will be informed within 30 days from the application deadline with a written explanation. Award Decisions: Final grant awards will be determined by the Department based on the application and supporting documentation. Applicants will be notified by mail of the Department’s funding decisions. Grant award announcements will be made no later than June 30, 2017 and posted on the Department’s website. Standard Agreements: Applications approved for funding will be incorporated and referenced in a Standard Agreement (contract) with the Department which will specify, among other things, the amount of funds granted, expenditure and reporting timelines, and the proposed use of funds. The Standard Agreement process generally takes eight to ten weeks from the grant award announcement to the time the standard agreement is executed. Region Representative Contact Information Northern California/Bay Area Fidel Herrera 916.263.7441 fidel.herrera@hcd.ca.gov Sacramento/Central Valley/ Central Coast/Eastern Sierra Tom Brinkhuis 916.263.6651 tom.brinkhuis@hcd.ca.gov Southern California Greg Nickless 916.274.6244 greg.nickless@hcd.ca.gov 2016 HRP Program Funding Application Page 3 of 17 Please note: Grant funds cannot be used for any activities that occur prior to the execution date of the Standard Agreement. Funds must be requested by April 30, 2019 and fully expended by June 30, 2019. Reporting Requirements: If funded, each applicant will be required to submit annual reports to the Department on the status of the HRP Program funded Qualifying Park Project and a final closeout report once all grant funds are expended. Report dates and specific requirements will be identified in the HRP Program Standard Agreement. Right to Modify or Suspend: The Department reserves the right, at its sole discretion, to suspend, amend, or modify the provision of the Application and/or NOFA and Program Guidelines. If such an action occurs, the Department will notify all interested parties. GENERAL APPLICATION INSTRUCTIONS The HRP Program grant application is in Excel format and designed to be filled out electronically. Throughout the application are fields in yellow and blue. Yellow fields are to be filled in by the applicant, while blue fields will auto -fill or auto-calculate. Please DO NOT print out the application and complete by hand. The electronic application is designed to automatically calculate fields across individual Excel spreadsheets in the application workbook to streamline the process for both applicants and Department reviewers. Although these instructions are intended to guide you through the application process, they are not a substitute for reading and understanding the HRP Program Guidelines. Please contact the HRP Program Representative for your region (see listing on page 2) with questions or requests for technical assistance in completing the application. Beginning Your Application:  Go to the HRP Program website  Select HRP Program Application link  Save using “Save As” function to save to computer or network (suggest saving file periodically).  Once electronic application has been completed, print out all pages and send to Department, along with one electronic copy (in Excel format) and all supporting documentation. 2016 HRP Program Funding Application Page 4 of 17 Sections of Application: Each section to be filled out is identified by tabs on the bottom of the Excel worksheet. Sections to be completed include all of the following (* = required forms):  Applicant Information*  Legislative Information*  Eligibility Threshold Requirements*  Park Project Description*  Regional Blueprint Conformance  Comprehensive Unit Listing*  Housing Project Cover Sheet*  Housing Project Attachment-Units Substantially Rehabilitated, Converted and/or Preserved  Resolution (please see Attachment A)* Please note: All yellow highlighted fields in each section above MUST be completed. APPLICANT INFORMATION Authorized Representative: Identify the person(s) or position(s) authorized to act on behalf of jurisdiction. This person(s) or position(s) must be the same as the person(s) or position(s) identified in the resolution. If the resolution identifies an authorized representative by title only please submit documentation that identifies that person by name and title (e.g. letter, copy of department employee roster, website contact information printout). Contact Person: Identify the person the Department can contact for questions and clarifications regarding the jurisdiction’s application. This person should be someone who is readily available via e-mail and/or phone and knowledgeable about the application and its contents. Applicant Certification: The application must include a completed certification. The signatory of the certification must be the Authorized Representative or their designee. If signed by a designee, the application must include documentation demonstrating designee authority. LEGISLATIVE INFORMATION Please identify ALL applicable legislative representatives for the applicant jurisdiction. If more space is needed, print out additional forms to include as many applicable representatives. Legislative information is available at the Official California Legislative Information website. Please ensure current legislative information is provided to expedite review of the application and award process. 2016 HRP Program Funding Application Page 5 of 17 THRESHOLD REQUIREMENTS Eligible Applicants: The HRP Program is available to cities, counties, and cities and counties. Please note: A jurisdiction may submit only one application per funding cycle. Threshold Requirements Housing Element Compliance: Each applicant must have an adopted housing element that the Department has determined to be in substantial compliance with housing element law. For DPY 2016 the element must have been adopted and submitted to the Department by the end of the year (December 31, 2016) and found in compliance by the Department without further amendment. Annual Progress Report Submittal: The Annual Progress Report, pursuant to Government Code Section 65400, reports on the jurisdiction’s implementation of the housing element, including the status of housing programs and progress towards meeting its regional housing need. All applicants must have submitted the required Annual Progress Report(s) to the Department by the application due date (February 23, 2017). Report forms and instructions are available on the Department’s website. For example, applicants must submit the 2015 CY Annual Progress Report in order to be eligible to receive funding for units from 2016. To receive funding for 2015 units, the 2014 CY Annual Progress Report must be submitted to the Department. If applying for funds based on Eligible Units from both 2015 and 2016, both the CY 2014 and 2015 Annual Progress Reports must have been submitted to the Department prior to February 23, 2017. APR and housing element threshold requirements are summarized in the table below. Documentation of Eligible Units Housing Element Compliance Annual Progress Report Building permit/occupancy documentation must fall within the following date range detailed below Housing element which has been adopted by the jurisdiction’s governing body and determined to be in substantial compliance with State housing element law pursuant to Government Code Section 65585 Annual Progress Report submitted by application due date for the corresponding CY(s) detailed below CY 2010 Housing element compliance as of December 31, 2016 CY 2009 CY 2011 CY 2010 CY 2012 CY 2011 CY 2013 CY 2012 CY 2014 CY 2013 CY 2015 CY 2014 CY 2016 CY 2015 . 2016 HRP Program Funding Application Page 6 of 17 Please note: Charter cities are NOT exempt from the Annual Progress Report requirement for purposes of eligibility for the HRP Program and must have submitted the required report(s) by February 23, 2017 to be eligible. Eligible Units: For the 2016 Designated Program Year, depending on the type of unit, Eligible Units must be documented by the issuance of a building permit or certificate of occupancy between January 1, 2010 and December 31, 2016 and meet the affordability requirements for extremely low-, very low- or low-income households. Please note: to qualify, units must meet the Census Bureau definition of a housing unit as detailed in Section 102(B)(3) of the Program Guidelines. Minimum Grant Amount: To be eligible for funding, an applicant must meet the minimum grant amount of $75,000, including any bonus awards, based on Eligible Units from the DPY. If an applicant is unable to meet the $75,000 minimum grant amount, it may combine Eligible Units from multiple years (i.e., 2010, 2011, etc.) and apply once the threshold is met. Please note, however, as stated in Section 102(B) of the Guidelines, the applicant must ensure all threshold criteria, including housing element compliance and submittal of the Annual Progress Report, is met as specified in the applicable NOFA. For additional information, please refer to the Program Guidelines. PARK AND RECREATION FACILITY (PARK PROJECT) DESCRIPTION If HRP Program grant funds are purposed for use at more than one park location the application must include a completed Park Project Description form for each proposed project. To create an additional form, right-click on the Park Project Description sheet tab at the bottom of the screen. From the pop-up menu, select “Move or Copy”. Select “Park Description” from the list, check the “Make a Copy” box, and click “OK”. A new Park Project Description will appear after the original form. Repeat as necessary to include as many Park Project Description forms as needed. Park Project Name: Enter the Qualifying Park Project name. Park Location: Provide the address for the proposed Qualifying Park Project activity. If exact address is not yet known, provide the boundaries or cross streets. Park Project Census Tract: The application must include identification of the census tract for the Park. The census tract number should be in the 11-digit format used on the HUD website where the first two digits give the state code, the next three indicate the county, and the remaining six represent the census tract. For more information, please review HUD’s Census Data. Project Summary: Provide a brief description of the work to be done. For example, is the proposed park project an existing park location to be rehabilitated or construction of a new park? 2016 HRP Program Funding Application Page 7 of 17 Will the Park be in Support of Any Infill Project?: If there is a residential Infill Project within a quarter mile radius of the park project, or accessible within a half mile walkable route of the park project, answer “Yes” to this question. The application must provide the name or location of at least one residential infill development meeting these criteria, and provide documentation to support this through the use of aerial photography, engineering calculations, GIS maps, etc. Please note: For the purposes of qualifying for this bonus award, the identified residential infill project may be any residential structure previously existing or under construction (single family or multifamily). The infill project is not required to be any of the housing units used to qualify for the base grant award or an affordable housing development. Will the Park be Located within a Disadvantaged Community? Indicate whether the park project will be located within a Disadvantaged Community by selecting “Yes” or “No” from the drop down menu. Applications must provide documentation to demonstrate at least ONE of the following:  The Qualifying Park Project is located within or bordered by at least one qualified census tract (QCT) as determined the by U.S. Department of Housing and Urban Development. Documentation to support this identification may be obtained by all applicants through the HUD-User GIS Service QCT Locater. OR  The Qualifying Park Project is located within a census tract determined by the U.S. Department of Housing and Urban Development having at least 51 percent of its residents at low- or moderate-income levels. Documentation to support this identification may be obtained by all applicants from the HUD’s Census Data. For additional information on calculating percentage of residents at low- or moderate income levels, please see footnote below.1 Will the Park Project be located within in a “Park-Deficient Community? Indicate whether the Park Project will be located within a Park-Deficient Community by selecting 1 Information is provided at the census block group level and will require applicants to total all block groups from a census tract to calculate the correct percentage of low and moderate income households for the entire census tract. For example, below is information for tract 400300, b lock groups 1-4: A B STUSAB STATE COUNTYNAME COUNTY TRACT BLKGRP LOWMODUNIV LOWMOD LOWMODPCT CA 06 Alameda County 001 400300 1 1092 213 19.5 CA 06 Alameda County 001 400300 2 1146 378 33 CA 06 Alameda County 001 400300 3 1216 617 50.7 CA 06 Alameda County 001 400300 4 1383 431 31.2 For a park project is located within census tract 400300, the applicant would add up figures in the 4 rows in column B “LOWMOD” (1639) and divide that number by the sum of 4 rows of column A “LOWMODUNIV” (4837), resulting in an average of 33 percent low- and moderate-income households in the entire census tract. Therefore this census tract would NOT qualify for the Disadvantaged Community bonus as it does not have at least 51 percent of its resident at low- or moderate-income levels as required in the Guidelines. 2016 HRP Program Funding Application Page 8 of 17 “Yes” or “No” from the drop down menu. Documentation to support this identification should be obtained from the California State Parks website and submitted with the application. Project Cost Breakdown and Other Funding Sources: Identify the main sub-projects associated with this Qualifying Park Project and their associated cost estimates. In addition, identify any non-HRP funding that is intended to be part of the financing of the park. All sub-projects funded with HRP Program grant funds must result in the construction or acquisition of a capital asset. Capital assets, as defined in Government Code, Section 16727, must meet at least one of the following four criteria:  Tangible physical property with an expected useful life of 15 years or more.  Major maintenance, reconstruction, rehabilitation, demolition for purposes of reconstruction of facilities, retrofitting work ordinarily done no more often than once every 5 to 15 years or expenditures that continue or enhance the useful life of a capital asset.  Equipment with an expected useful life of two years or more.  Eligible soft costs directly related to the construction, rehabilitation or acquisition of a capital asset project (as described in 1 or 2 above), such as planning, engineering, construction management, architectural, environmental impact reports, required mitigation expenses, appraisals, legal expenses, site acquisitions and necessary easements. REGIONAL BLUEPRINT BONUS If qualifying for the bonus based through the Regional Blueprint criteria, the application must supply documentation indicating the applicant jurisdiction has conformed applicable sections of its adopted General Plan, including the land-use, housing and open space elements in particular, to the land-use provisions of the applicable adopted Regional Blueprint Plan. The Department will review submitted documentation to determine eligibility for bonus funds under this category. Documentation shall include all of the following, in a manner specific to the grant application for the proposed park improvements:  copies of relevant text, diagrams, or maps from both the General Plan and the Regional Blueprint Plan;  a resolution from the elected body of the applicant jurisdiction describing the basis of the conformity between the two plans; and  a letter or resolution from the Council of Governments (COG) having jurisdiction over the Regional Blueprint Plan attesting to the conformity of the General Plan with the adopted Regional Blueprint Plan. 2016 HRP Program Funding Application Page 9 of 17 COMPREHENSIVE UNIT LISTING List each individual residential project identified as part of a Housing Project Cover Sheet, including number of units, bedroom count and affordability level. The spreadsheet will automatically calculate the total base award per Housing Project Cover Sheet. Total number of bedrooms and units by affordability level will be calculated and displayed in the bottom row of the table. If additional rows are needed to include all residential projects, highlight an individual row by clicking a row number on the left hand side of the screen. Once highlighted, from the menus at the top of the screen, select “Insert” and then “Row.” Repeat as necessary to include as many rows as needed. Following these steps will ensure formulas necessary to calculate totals are maintained. For each residential project, indicate “Yes” or “No” from the dropdown menu for each bonus fund based on the information provided in the Housing Project Cover Sheet (New Construction, Infill Units) and Park Description (Infill-Supporting, Park-Deficient, Disadvantaged Community). The spreadsheet will automatically calculate the bonus and total awards for each Eligible Unit. The total columns at the end of the page will automatically calculate the total base, bonus and grant awards based on the information submitted in the application. In order to be eligible in this round of funding, the applicant must qualify for a total grant award of at least $75,000. HOUSING PROJECT COVER SHEET Applicants must complete and submit a separate Housing Project Cover Sheet for each individual residential project containing HRP Program eligible units included in the grant calculation. Housing Project Cover Sheets should be filled out in the same order as they are listed on the Comprehensive Unit Listing. For example: Housing Project Cover Sheet (1) should contain information about Project 1 from the Comprehensive Unit Listing, Housing Project Sheet (2) from Project 2, and so on. The application workbook contains ten Housing Project Cover Sheets. If necessary, applicants can create additional Housing Project Cover Sheets using the following process. Right-click on any Housing Project Cover Sheet tab at the bottom of the screen. From the pop-up menu, select “Move or Copy”. Select “Move to End” from the list, check the “Make a Copy” box, and click “OK”. A new Project Cover Sheet will appear at the end of the workbook. Be sure to re-number the heading on this sheet to match the project number on the Comprehensive Unit Listing. Repeat as necessary to include as many Housing Start Cover Sheets as needed. Supporting Documentation: The application must include all required documentation as detailed below to demonstrate the eligibility of housing units included in the Housing Project Cover Sheet. 2016 HRP Program Funding Application Page 10 of 17 Project Name or Identifier: Identify the housing project by name or other unique identifier (i.e., Rosewood Apartments), not the Qualifying Park Project name. Unique identifiers can include project name, address and/or assessor’s parcel number. Please note: supporting documentation to demonstrate bedroom count and affordability level MUST indicate the same project identifier to tie all required documentation together. Type of Unit: Indicate whether the project is new construction or a substantial rehabilitation, conversion, or preservation project. Building Permit(s) Issuance Date(s): For new construction units, identify the date(s) the building permit(s) were issued for the project. Attach necessary documentation to support these dates. Single-family units may have various building permit dates, but those units approved as part of a subdivision should be submitted as one Housing Project Cover Sheet. Date(s) of Certificate(s) of Occupancy: For units substantially rehabilitated, converted, and/or preserved, identify the date(s) the certificate(s) of occupancy, or other evidence of readiness for occupancy, were issued. Are Eligible Units otherwise considered Infill, pursuant to Section 106(C)(2)-(4)?: Section 106(C) of the HRP Program Guidelines outlines the criteria for a project to be identified as an Infill Project. This field is a drop-down box with either a “Yes” or “No” answer. If “Yes,” the application must include documentation to support the project as an Infill project. Acceptable documentation includes, but is not limited to, overhead photographs of the project site, engineering documentation, photographs of adjacent property, etc. If there is a concern as to the acceptability of the documentation available, please contact your jurisdiction’s HRP Program Representative. Affordability Documentation: The Housing Project Cover Sheet must indicate the public subsidy used to achieve the affordable rent or sale prices of the eligible unit (for example, Low Income Housing Tax Credits, Redevelopment Agency Low-Mod Housing funds, the Department’s Multifamily Housing Program, California Housing Finance Agency funds, etc.). It is only necessary to identify one source of public funds which meets the required restriction period (55 years for rental projects, 20 years for ownership units and 40 years for preservation). Evidence of affordability covenants detailing level of affordability and length of restriction period must be included in the supporting documentation. For new construction ownership units, if no public funds were used to achieve affordability, the documentation must demonstrate the unit has been or will be initially sold to an income-eligible household at an affordable housing cost. Documentation must include verification of income eligibility, at the time of the close of escrow, for the household initially occupying the unit and sale prices must not exceed the sale price limits published by CalHFA for the qualifying sale date. See Attachment B 2016 HRP Program Funding Application Page 11 of 17 Project Summary Table: Indicate the number of units at each affordability level by unit size that will be used for the grant award calculation. DO NOT include units in the project that are not part of your grant award calculation (for example, non-restricted manager units in multifamily rental projects). The form will automatically calculate the total number of bedrooms by income level. These numbers should be identical to those listed on the Comprehensive Unit Listing. Please note: figures entered will be the number of units not the number of bedrooms. Evidence of bedroom count for each unit by affordability level must be included in the supporting documentation. Project Description: This field may be used to clarify documentation or eligibility of units if necessary. In summary, all applicants must submit appropriate supporting documentation with each Housing Project Cover Sheet to demonstrate eligibility for each housing unit used to calculate the HRP Program award. Supporting documentation for projects with multiple units may consist of summary information as long as the total number of bedrooms by income level for each unit is clearly demonstrated. Instructions for Assembly of Housing Unit Project Sheet and Supporting Documentation  Separate and label all supporting documentation, including Housing Project Attachments, building permits, certificates of occupancy, income verification, affordability restrictions, bedroom count information and infill bonus eligibility (if applicable) by project and include as a packet with each Housing Project Cover Sheet.  As the award is based on the number of bedrooms in units affordable to both very low- and low-income households, the connection between the unit count, income level and bedroom count must be clearly documented.  If an eligible Housing Unit has multiple funding sources, there is no need to submit copies of all the regulatory agreements on the project – one complete current copy which meets the criteria outlined in this application will suffice.  To facilitate an expedited review of the application, please highlight or indicate where the specific information can be found in the included documentation. 2016 HRP Program Funding Application Page 12 of 17 HOUSING PROJECT ATTACHMENT – Units Substantially Rehabilitated, Converted and/or Preserved For projects containing units substantially rehabilitated, converted from market -rate to affordable, and/or preserved, applicants must complete the corresponding Housing Project Attachment in addition to the Housing Project Cover Sheet. For example, if the third project listed on the Comprehensive Unit Listing is a Substantial Rehabilitation, then the applicant would complete Housing Project Cover Sheet (3) and Attachment (3). This form is not required for new construction units. The application must include all required documentation as detailed below to demonstrate the eligibility of housing units included in the Housing Project Attachment. Project Name or Identifier: Should be identical to the information provided on the Housing Project Cover Sheet. General Requirements: Indicate the source of “committed funds” provided by the local government. Specify the amount and date Please note: this is a requirement for all three categories of units: substantially rehabilitated, converted, and /or preserved. Check the appropriate box to indicate the project type. Substantial Rehabilitation: Demonstrate the units were at imminent risk of loss to the housing stock. Acceptable types of documentation includes: demolition permit, red tagged for removal, photographs, etc. If the units were previously occupied, demonstrate the local government provided relocation assistance and the tenants will have the right to reoccupy the units. Conversion from Non-Affordable to Affordable of Multifamily Units or Foreclosed Properties: Demonstrate the units were not previously restricted to lower-income households resulting in a net increase in the affordable housing stock. Acceptable types of documentation include: regulatory agreements, TCAC, deed restrictions or covenants etc. If the units were previously occupied, demonstrate the local government provided relocation assistance. Preservation of Affordable Units: Provide documentation indicating the units were restricted to low- or very low-income households. Demonstrate affordability has been extended by at least 40 years for rental units or 20 years for ownership units. Acceptable types of documentation include: regulatory agreements, TCAC, deed restrictions or covenants etc. 2016 HRP Program Funding Application Page 13 of 17 Summary of Documentation Requirements New Construction Units Units Substantially Rehabilitated, Converted, and/or Preserved 1. Completed Housing Project Cover Sheet 2. Building permit dated between January 1, 2010 and December 31, 2015 3. Affordability to extremely low-, very low- or low-income households 4. Length of deed restriction (for publicly subsidized projects) 5. Bedroom count documentation (number of bedrooms) for each eligible housing unit by income level 1. Completed Housing Project Cover Sheet 2. Completed Housing Project Attachment 3. Certificate of Occupancy dated between January 1, 2010 and December 31, 2016 4. Affordability to extremely low-, very low- or low-income households 5. Length of deed restriction (for publicly subsidized projects) 6. Bedroom count documentation (number of bedrooms) for each eligible housing unit by income level. 2016 HRP Program Funding Application Page 14 of 17 Attachment A HRP Program Resolution Instructions and Template Resolution Instructions:  The Department will accept applications with draft resolutions. However, an applicant must provide an approved resolution within 30 days of the date of submission.  If more than one authorized signatory is identified in the resolution, specifically state whether both signatories are required (i.e. x and y) or only one signatory is required (i.e. x or y) to submit the application and execute the HRP Grant Documents.  If the application is being signed by a designee of the authorized signatory, the applicant must also submit a designee letter or other proof of signing authority.  Applicants should assume an increase of 50 percent of the amount requested (i.e. “not to exceed” amount) for the purposes of identifying the grant amount in the resolution template below to allow the Department to apply RHNA bonus funds, if applicable. If the jurisdiction is not comfortable approving a “not to exceed” amount, please be aware that an updated resolution will need to be submitted at the time of Standard Agreement execution with the correct total award amount. Resolution Template: Resolution No. ________________________ RESOLUTION OF THE [GOVERNING BOARD/CITY COUNCIL] OF [NAME OF APPLICANT] AUTHORIZING APPLICATION FOR HOUSING RELATED PARKS GRANT WHEREAS: A. The State of California, Department of Housing and Community Development (Department) has issued a Notice of Funding Availability dated November 16, 2016 (NOFA), under its Housing-Related Parks (HRP) Program. B. [city or county applying for HRP Program] (Applicant) desires to apply for a HRP Program grant and submit the 2015 Designated Program Year Application Package released by the Department for the HRP Program. C. The Department is authorized to approve funding allocations for the HRP Program, subject to the terms and conditions of the NOFA, Program Guidelines, Application Package, and Standard Agreement. THEREFORE, IT IS RESOLVED THAT: 1. Applicant is hereby authorized and directed to apply for and submit to the Department the HRP Program Application Package released November 2016 for the 2016 Designated Program Year in an amount not to exceed $XXXXX.00. If the application is approved, the Applicant is hereby authorized and directed to enter into, execute, and deliver a State of California Standard Agreement (Standard Agreement) in an amount not to exceed $XXXXX.00, and any and all other documents requ ired or deemed necessary or appropriate to secure the HRP Program Grant from the Department, and all amendments thereto (collectively, the “HRP Grant Documents”). 2. Applicant shall be subject to the terms and conditions as specified in the Standard Agreem ent. Funds are to be used for allowable capital asset project expenditures to be identified in Exhibit A of the Standard Agreement. The application in full is incorporated as part of the Standard Agreement. Any and all activities 2016 HRP Program Funding Application Page 15 of 17 funded, information provided, and timelines represented in the application are enforceable through the Standard Agreement. Applicant hereby agrees to use the funds for eligible capital asset(s) in the manner presented in the application as approved by the Department and in accordance with the NOFA and Program Guidelines and Application Package. 3. The [office or position titles of authorized person(s) or designee] is authorized to execute in the name of Applicant the HRP Program Application Package and the HRP Grant Documents as required by the Department for participation in the HRP Program. PASSED AND ADOPTED this __________ Day of _____________, 2016, by the following vote: AYES: ________ NAYS: ________ ABSTAIN: _______ ABSENT: ________ The undersigned [title of officer] of the Applicant here before named does hereby attest and certify that the forgoing is a true and full copy of a resolution of the [Governing Board/City Council] adopted at a duly convened meeting on the date above-mentioned, which has not been altered, amended or repealed. Signature _______________________________________________ Date ________ 2016 HRP Program Funding Application Page 16 of 17 Attachment B CalHFA New Home Sales Price Limits CalHFA Homeownership Program Sales Price Limits are provided below. As CalHFA updates its sale price limits throughout the year, applicants should use the appropriate limits for the date the building permit was issued. To determine which set of sale price limits is appropriate and corresponds to the approval date for the unit, check the effective date in the upper left hand corner of the published sale price limits. For eligible units documented between January 1, 2010 and July 26, 2010, use the 2009 sales price limits available on CalHFA’s website. For eligible units documented between July 27, 2010 and July 13, 2011, use the 2010 sales price limits available on CalHFA’s website. For eligible units documented between July 14, 2011 and July 15, 2012, use the 2011 sales price limits available on CalHFA’s website. For eligible units documented between July 16, 2012 and September 8, 2014, use the 2012 sales price limits available on CalHFA’s website. For eligible units documented between September 9, 2014 and October 26, 2015, use the 2014 sales price limits available on CalHFA’s website. For eligible units documented between October 27, 2015 and December 31, 2016 use the 2015 sales price limits available on CalHFA’s website 2016 HRP Program Funding Application Page 17 of 17 Attachment C State Income Limits The State Income Limits published annually by HCD are provided below. For ownership units, if no public funds were used to achieve affordability, the applicant must demonstrate the unit has been or will be initially sold to an income-eligible household at an affordable housing cost. To determine which set of income limits should be used to verify income eligibility of the initial occupants, please refer to the table below. For building permits issued from: Please refer to: January 1, 2010 to June 16, 2010 2009 State Income Limits – Please Contact an HRP Program Representative to obtain a copy June 17, 2010 to July 12, 2011 2010 State Income Limits - Please Contact an HRP Program Representative to obtain a copy July 13, 2011 to January 31, 2012 2011 State Income Limits February 1, 2012 to February 24, 2013 2012 State Income Limits February 25, 2013 to February 27, 2014 2013 State Income Limits February 28, 2014 to April 14, 2015 , 2014 State Income Limits April 15, 2015 to May 23, 2016 2015 State Income Limits May 24, 2016 to December 31, 2016 2016 State Income Limits City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-263 Agenda Date:3/8/2017 Version:2 Item #:11. Consider supporting Senate Bill 1 and Assembly Bill 1.(Richard Garbarino, Councilmember) RECOMMENDATION It is recommended that the City Council submit a letter of support for Senate Bill (SB 1)and Assembly Bill 1 (AB 1) for statewide transportation funding. BACKGROUND/DISCUSSION As the first order of business in the new legislative session,Senator Jim Beall (San Jose)and Assembly Member Jim Frazier (Oakley)introduced similar transportation funding proposals.The bills introduced on December 5,2016 are SB 1 and AB 1 and each will generate approximately $6 billion annually.When fully phased in,SB 1 would provide needed funding for the state and local transportation network with about $2.4 billion and $2.2 billion annually for the state’s highway system and local streets and roads,respectively.In addition to providing revenue for local streets and roads,of which South San Francisco would receive an estimated one-time funding of approximately $361,000 and then ongoing funding of just over $2 million annually, the proposals include the following reforms to improve efficiency, transparency, and accountability: ·Establishes local reporting requirements.Cities and counties would be required to send the California Transportation Commission (CTC)a list of projects they propose to fund with Road Maintenance and Rehabilitation Account (RMRA)funds,specifying the location,description,proposed schedule,and estimated useful life for each project each fiscal year. ·Requires cities and counties to maintain existing general fund levels for transportation funding. The bills require cities and counties to maintain their general fund transportation levels equal to or greater than their annual average expenditures during the 2009-10,2010-11,2011-12 fiscal years,which is known as a maintenance of effort requirement.The bill authorizes the State Controller’s Office to audit local governments for compliance and subject local governments to reimbursing the state for non- compliance. ·Makes permanent the National Environmental Protection Act (NEPA)delegation authority. Permanently extends the authority for CalTrans to participate in the federal NEPA delegation pilot program, which allows projects involving federal funds to be delivered faster. ·Promotes employment and training opportunities through pre-apprenticeship.Requires state and local agencies to create programs that promote employment in advanced construction through pre- apprenticeship as a condition of receiving RMRA funds. ·Incorporates “complete streets”design concept into the Highway Design Manual.Requires City of South San Francisco Printed on 3/8/2017Page 1 of 2 powered by Legistar™ File #:17-263 Agenda Date:3/8/2017 Version:2 Item #:11. Caltrans to incorporate the “complete streets” design concept into the Highway Design Manual. ·Restores independence to the California Transportation Commission (CTC).The bills move the CTC out from under the California State Transportation Agency,establishing it as its own entity within state government to help it fulfill its oversight role. ·Creates the Office of Transportation Inspector General as an independent entity and office within state government.Its role will be to ensure that all other state agencies that receive state transportation funds are operating efficiently,effectively,and in compliance with federal and state laws.The Inspector General would be appointed by the Governor to a six-year term and would have the authority to conduct audits and investigations involving state transportation funds with all affected state agencies. ·Permanently extends and expands the limited California Environmental Quality Act (CEQA) exemption for transportation repair,maintenance,and minor alteration projects to existing roadways.The bills delete the January 1,2020 sunset of the existing law and expand the exemption to cities and counties with populations greater than 100,000 and apply the exemption to state roadways. ·Creates an Advanced Mitigation program for transportation projects.The bills authorize the Natural Resources Agency to prepare,approve,and implement advance mitigation plans for one or more planned transportation projects.An advanced mitigation plan is defined as a regional or statewide plan that estimates the potential future mitigation requirements for one or more transportation projects and identifies mitigation projects,sites,or credits that would fulfill some or all of those requirements. The Agency would be authorized to administer the program,establish mitigation banks,secure areas for the purpose of providing mitigation,and allow transportation agencies to use mitigation credits to fulfill mitigation requirements.The program’s intention is to supplant existing CEQA requirements,not substitute for them. FUNDING There is no funding impact. This is an information item. CONCLUSION It is with hope that the implementation of SB 1 and AB1 will help improve statewide transportation dramatically. Attachments: 1.Estimated Local Streets and Roads Funding with SB 1 and AB 1 2.SB1 3.AB1 4.SB 1 and AB 1 City Support List City of South San Francisco Printed on 3/8/2017Page 2 of 2 powered by Legistar™ Estimated 15 December 2016 ALAMEDA COUNTY 34,432,526 5,459,572 ALAMEDA2,636,402 418,024 ALBANY638,649 101,263 BERKELEY4,086,116 647,889 DUBLIN1,921,073 304,603 EMERYVILLE363,616 57,654 FREMONT7,793,515 1,235,729 HAYWARD5,259,490 833,937 LIVERMORE2,958,117 469,035 NEWARK1,520,649 241,112 OAKLAND14,125,035 2,239,645 PIEDMONT382,295 60,616 PLEASANTON2,574,893 408,271 SAN LEANDRO3,042,433 482,404 UNION CITY2,502,445 396,784 ALPINE COUNTY 662,483 105,042 AMADOR COUNTY 3,159,103 500,903 AMADOR6,364 1,009 IONE272,385 43,189 JACKSON159,998 25,369 PLYMOUTH34,573 5,482 SUTTER CREEK86,036 13,642 BUTTE COUNTY 11,267,838 1,786,612 BIGGS60,064 9,524 CHICO3,083,473 488,911 GRIDLEY233,237 36,982 OROVILLE557,188 88,347 PARADISE902,503 143,100 CALAVERAS COUNTY 4,822,368 764,628 ANGELS CAMP131,961 20,924 COLUSA COUNTY 3,783,569 599,917 COLUSA212,975 33,769 WILLIAMS182,874 28,996 CONTRA COSTA COUNTY 28,753,944 4,559,184 ANTIOCH3,725,528 590,714 BRENTWOOD1,943,399 308,143 CLAYTON388,315 61,571 CONCORD4,336,863 687,647 DANVILLE1,503,001 238,314 EL CERRITO835,524 132,480 HERCULES 852,278 135,136 LAFAYETTE865,315 137,203 MARTINEZ1,286,036 203,912 MORAGA566,442 89,814 OAKLEY1,334,369 211,576 ORINDA640,266 101,520 PINOLE651,756 103,341 PITTSBURG2,326,451 368,879 PLEASANT HILL1,175,197 186,338 RICHMOND3,692,779 585,522 SAN PABLO1,022,733 162,163 SAN RAMON2,702,554 428,513 WALNUT CREEK2,300,307 364,733 $352 Million One-time Loan RepayAnnual at full Phase-in Local Streets & Roads Funding AB1 (Frazier) and SB1 (Beall) – 12Dec2016 versions $2.2 Billion* 15 December 2016 CaliforniaCityFinance.com Page 1 of 11 Estimated 15 December 2016 $352 Million One-time Loan RepayAnnual at full Phase-in Local Streets & Roads Funding AB1 (Frazier) and SB1 (Beall) – 12Dec2016 versions $2.2 Billion* DEL NORTE COUNTY 1,968,330 312,096 CRESCENT CITY262,925 41,689 EL DORADO COUNTY 10,158,020 1,610,641 PLACERVILLE367,159 58,216 SOUTH LAKE TAHOE747,803 118,571 FRESNO COUNTY 34,518,947 5,473,275 CLOVIS3,589,336 569,120 COALINGA568,609 90,158 FIREBAUGH267,603 42,431 FOWLER204,925 32,493 FRESNO17,893,839 2,837,221 HURON 234,510 37,184 KERMAN492,412 78,076 KINGSBURG402,867 63,878 MENDOTA385,666 61,151 ORANGE COVE321,922 51,043 PARLIER519,279 82,336 REEDLEY876,805 139,025 SANGER864,421 137,061 SAN JOAQUIN139,013 22,042 SELMA822,590 130,429 GLENN COUNTY 4,592,133 728,122 ORLAND268,807 42,622 WILLOWS213,491 33,851 HUMBOLDT COUNTY 8,961,385 1,420,904 ARCATA615,704 97,625 BLUE LAKE43,345 6,873 EUREKA935,390 148,314 FERNDALE47,163 7,478 FORTUNA413,909 65,629 RIO DELL115,999 18,393 TRINIDAD12,625 2,002 IMPERIAL COUNTY 15,599,193 2,473,386 BRAWLEY903,810 143,307 CALEXICO1,411,564 223,816 CALIPATRIA265,057 42,027 EL CENTRO1,542,769 244,619 HOLTVILLE214,867 34,069 IMPERIAL600,155 95,160 WESTMORLAND80,257 12,725 INYO COUNTY 5,534,386 877,524 BISHOP133,509 21,169 KERN COUNTY 32,486,391 5,150,995 ARVIN691,901 109,707 BAKERSFIELD 12,711,235 2,015,475 CALIFORNIA CITY485,738 77,018 DELANO1,824,648 289,314 MARICOPA40,214 6,376 MCFARLAND482,883 76,565 RIDGECREST977,634 155,012 SHAFTER618,181 98,018 TAFT325,293 51,578 TEHACHAPI495,852 78,622 WASCO898,891 142,527 15 December 2016 CaliforniaCityFinance.com Page 2 of 11 Estimated 15 December 2016 $352 Million One-time Loan RepayAnnual at full Phase-in Local Streets & Roads Funding AB1 (Frazier) and SB1 (Beall) – 12Dec2016 versions $2.2 Billion* KINGS COUNTY 6,804,802 1,078,960 AVENAL533,383 84,572 CORCORAN853,585 135,343 HANFORD1,919,697 304,384 LEMOORE871,198 138,136 LAKE COUNTY 4,814,242 763,339 CLEARLAKE524,611 83,182 LAKEPORT 163,507 25,925 LASSEN COUNTY 4,680,750 742,173 SUSANVILLE617,390 97,892 LOS ANGELES COUNTY 208,045,885 32,987,456 AGOURA HILLS714,400 113,274 ALHAMBRA2,942,809 466,608 ARCADIA1,987,019 315,059 ARTESIA579,618 91,903 AVALON132,099 20,945 AZUSA1,700,255 269,590 BALDWIN PARK2,650,472 420,255 BELL1,243,070 197,099 BELLFLOWER2,686,902 426,031 BELL GARDENS1,474,930 233,863 BEVERLY HILLS1,198,280 189,998 BRADBURY37,394 5,929 BURBANK3,649,365 578,638 CALABASAS 832,910 132,065 CARSON3,204,357 508,078 CERRITOS1,718,935 272,552 CLAREMONT1,248,127 197,901 COMMERCE449,273 71,236 COMPTON3,388,676 537,304 COVINA1,681,369 266,595 CUDAHY 834,905 132,381 CULVER CITY1,368,219 216,943 DIAMOND BAR1,949,419 309,097 DOWNEY3,918,241 621,271 DUARTE751,277 119,121 EL MONTE3,982,708 631,492 EL SEGUNDO 584,812 92,727 GARDENA2,078,285 329,530 GLENDALE6,852,002 1,086,444 GLENDORA1,770,364 280,706 HAWAIIAN GARDENS500,358 79,336 HAWTHORNE3,015,463 478,127 HERMOSA BEACH680,171 107,847 HIDDEN HILLS65,396 10,369 HUNTINGTON PARK2,040,375 323,519 INDUSTRY15,136 2,400 INGLEWOOD3,864,335 612,723 IRWINDALE50,672 8,035 LA CANADA FLINTRIDGE708,379 112,320 LA HABRA HEIGHTS187,105 29,667 LAKEWOOD 2,807,132 445,095 15 December 2016 CaliforniaCityFinance.com Page 3 of 11 Estimated 15 December 2016 $352 Million One-time Loan RepayAnnual at full Phase-in Local Streets & Roads Funding AB1 (Frazier) and SB1 (Beall) – 12Dec2016 versions $2.2 Billion* LA MIRADA1,703,558 270,114 LANCASTER5,531,084 877,001 LA PUENTE1,399,765 221,945 LA VERNE1,136,668 180,228 LAWNDALE1,149,087 182,198 LOMITA713,230 113,089 LONG BEACH16,263,934 2,578,786 LOS ANGELES136,124,370 21,583,684 LYNWOOD2,455,557 389,350 MALIBU444,973 70,554 MANHATTAN BEACH1,230,273 195,070 MAYWOOD959,229 152,094 MONROVIA1,286,793 204,032 MONTEBELLO2,205,223 349,657 MONTEREY PARK2,135,011 338,524 NORWALK3,686,587 584,540 PALMDALE5,401,221 856,410 PALOS VERDES ESTATES472,322 74,891 PARAMOUNT1,902,428 301,646 PASADENA4,868,045 771,870 PICO RIVERA2,207,906 350,082 POMONA5,243,322 831,374 RANCHO PALOS VERDES1,464,232 232,166 REDONDO BEACH2,342,516 371,426 ROLLING HILLS (2) ROLLING HILLS ESTATES282,877 44,853 ROSEMEAD1,892,624 300,092 SAN DIMAS1,194,152 189,343 SAN FERNANDO844,813 133,952 SAN GABRIEL1,393,814 221,001 SAN MARINO461,451 73,167 SANTA CLARITA7,335,298 1,163,074 SANTA FE SPRINGS606,381 96,147 SANTA MONICA3,209,002 508,815 SIERRA MADRE382,983 60,725 SIGNAL HILL398,532 63,191 SOUTH EL MONTE716,945 113,678 SOUTH GATE3,321,285 526,618 SOUTH PASADENA900,404 142,767 TEMPLE CITY1,247,886 197,863 TORRANCE5,105,994 809,599 VERNON4,231 671 WALNUT1,040,862 165,038 WEST COVINA3,729,071 591,276 WEST HOLLYWOOD1,232,405 195,408 WESTLAKE VILLAGE289,757 45,943 WHITTIER2,991,073 474,260 15 December 2016 CaliforniaCityFinance.com Page 4 of 11 Estimated 15 December 2016 $352 Million One-time Loan RepayAnnual at full Phase-in Local Streets & Roads Funding AB1 (Frazier) and SB1 (Beall) – 12Dec2016 versions $2.2 Billion* MADERA COUNTY 9,865,041 1,564,187 CHOWCHILLA643,981 102,109 MADERA2,200,304 348,877 MARIN COUNTY 7,817,857 1,239,588 BELVEDERE72,964 11,569 CORTE MADERA326,497 51,769 FAIRFAX262,615 41,640 LARKSPUR424,746 67,347 MILL VALLEY496,712 78,758 NOVATO1,843,018 292,226 ROSS85,761 13,598 SAN ANSELMO435,857 69,109 SAN RAFAEL2,037,004 322,984 SAUSALITO251,125 39,818 TIBURON316,487 50,182 MARIPOSA COUNTY 3,087,484 489,547 MENDOCINO COUNTY 7,211,969 1,143,519 FORT BRAGG252,604 40,053 POINT ARENA15,480 2,455 UKIAH552,991 87,682 WILLITS168,632 26,738 MERCED COUNTY 13,041,370 2,067,821 ATWATER998,412 158,307 DOS PALOS172,795 27,398 GUSTINE193,263 30,644 LIVINGSTON472,494 74,918 LOS BANOS1,277,814 202,608 MERCED2,811,295 445,755 MODOC COUNTY 4,521,308 716,892 ALTURAS97,251 15,420 MONO COUNTY 3,348,365 530,912 MAMMOTH LAKES 289,310 45,873 MONTEREY COUNTY 14,225,669 2,255,602 CARMEL-BY-THE-SEA128,899 20,438 DEL REY OAKS57,105 9,055 GONZALES287,487 45,583 GREENFIELD580,340 92,018 KING CITY461,554 73,183 MARINA775,805 123,010 MONTEREY968,827 153,616 PACIFIC GROVE529,358 83,934 SALINAS5,322,478 843,924 SAND CITY12,453 1,975 SEASIDE1,158,341 183,665 SOLEDAD885,405 140,389 NAPA COUNTY 5,506,018 873,026 AMERICAN CANYON693,140 109,903 CALISTOGA180,982 28,696 NAPA2,716,659 430,749 SAINT HELENA208,640 33,082 YOUNTVILLE103,787 16,456 15 December 2016 CaliforniaCityFinance.com Page 5 of 11 Estimated 15 December 2016 $352 Million One-time Loan RepayAnnual at full Phase-in Local Streets & Roads Funding AB1 (Frazier) and SB1 (Beall) – 12Dec2016 versions $2.2 Billion* NEVADA COUNTY 5,638,726 894,068 GRASS VALLEY444,629 70,500 NEVADA CITY109,876 17,422 TRUCKEE557,670 88,423 ORANGE COUNTY 71,040,027 11,264,004 ALISO VIEJO1,727,053 273,839 ANAHEIM12,089,545 1,916,901 BREA1,490,514 236,334 BUENA PARK2,847,244 451,455 COSTA MESA3,902,933 618,843 CYPRESS1,691,965 268,275 DANA POINT1,176,780 186,588 FOUNTAIN VALLEY1,961,563 311,023 FULLERTON4,851,945 769,317 GARDEN GROVE6,012,350 953,310 HUNTINGTON BEACH6,824,723 1,082,118 IRVINE8,613,388 1,365,726 LAGUNA BEACH 803,429 127,390 LAGUNA HILLS1,066,216 169,058 LAGUNA NIGUEL2,230,404 353,650 LAGUNA WOODS572,841 90,829 LA HABRA2,135,562 338,612 LAKE FOREST2,754,465 436,744 LA PALMA549,207 87,082 LOS ALAMITOS405,206 64,249 MISSION VIEJO3,324,898 527,191 NEWPORT BEACH3,001,428 475,902 ORANGE4,819,333 764,147 PLACENTIA1,803,526 285,964 RANCHO SANTA MARGARITA1,689,935 267,954 SAN CLEMENTE2,249,772 356,721 SAN JUAN CAPISTRANO1,246,097 197,579 SANTA ANA11,533,320 1,828,707 SEAL BEACH849,147 134,640 STANTON1,349,161 213,921 TUSTIN2,738,331 434,186 VILLA PARK205,028 32,509 WESTMINSTER3,168,512 502,395 YORBA LINDA2,329,582 369,375 PLACER COUNTY 14,642,375 2,321,674 AUBURN475,349 75,371 COLFAX68,595 10,876 LINCOLN1,576,825 250,019 LOOMIS227,836 36,125 ROCKLIN2,072,712 328,646 ROSEVILLE 4,416,432 700,263 15 December 2016 CaliforniaCityFinance.com Page 6 of 11 Estimated 15 December 2016 $352 Million One-time Loan RepayAnnual at full Phase-in Local Streets & Roads Funding AB1 (Frazier) and SB1 (Beall) – 12Dec2016 versions $2.2 Billion* PLUMAS COUNTY 3,719,520 589,762 PORTOLA72,379 11,476 RIVERSIDE COUNTY 57,105,281 9,054,531 BANNING1,048,912 166,314 BEAUMONT 1,461,377 231,714 BLYTHE716,120 113,547 CALIMESA287,349 45,562 CANYON LAKE375,002 59,460 CATHEDRAL CITY1,819,901 288,561 COACHELLA1,510,776 239,546 CORONA5,513,987 874,290 DESERT HOT SPRINGS967,830 153,458 EASTVALE2,085,818 330,724 HEMET2,829,562 448,651 INDIAN WELLS178,677 28,331 INDIO2,896,574 459,277 JURUPA VALLEY3,741,903 593,311 LAKE ELSINORE2,009,896 318,686 LA QUINTA1,365,502 216,512 MENIFEE2,937,305 465,735 MORENO VALLEY6,903,191 1,094,560 MURRIETA3,690,474 585,156 NORCO930,986 147,616 PALM DESERT1,756,259 278,470 PALM SPRINGS1,603,452 254,241 PERRIS2,508,087 397,679 RANCHO MIRAGE 615,394 97,576 RIVERSIDE10,915,586 1,730,760 SAN JACINTO1,578,821 250,336 TEMECULA3,746,925 594,107 WILDOMAR1,174,715 186,261 SACRAMENTO COUNTY 42,468,255 6,733,705 CITRUS HEIGHTS2,929,117 464,437 ELK GROVE5,603,841 888,537 FOLSOM2,576,923 408,593 GALT846,498 134,220 ISLETON28,209 4,473 RANCHO CORDOVA2,377,502 376,973 SACRAMENTO16,515,953 2,618,746 SAN BENITO COUNTY 3,192,214 506,153 HOLLISTER1,283,319 203,481 SAN JUAN BAUTISTA66,393 10,527 15 December 2016 CaliforniaCityFinance.com Page 7 of 11 Estimated 15 December 2016 $352 Million One-time Loan RepayAnnual at full Phase-in Local Streets & Roads Funding AB1 (Frazier) and SB1 (Beall) – 12Dec2016 versions $2.2 Billion* SAN BERNARDINO COUNTY 55,285,882 8,766,050 ADELANTO1,138,113 180,458 APPLE VALLEY2,456,073 389,431 BARSTOW 805,217 127,674 BIG BEAR LAKE177,680 28,173 CHINO2,905,656 460,717 CHINO HILLS2,669,358 423,249 COLTON1,836,448 291,184 FONTANA7,028,478 1,114,425 GRAND TERRACE424,918 67,374 HESPERIA 3,170,954 502,782 HIGHLAND1,869,059 296,355 LOMA LINDA817,051 129,550 MONTCLAIR1,322,983 209,770 NEEDLES169,940 26,945 ONTARIO5,806,049 920,599 RANCHO CUCAMONGA5,987,925 949,437 REDLANDS2,421,741 383,988 RIALTO3,512,037 556,864 SAN BERNARDINO7,359,447 1,166,903 TWENTYNINE PALMS889,121 140,978 UPLAND2,607,127 413,382 VICTORVILLE4,168,265 660,914 YUCAIPA1,821,242 288,774 YUCCA VALLEY 734,627 116,481 SAN DIEGO COUNTY 79,580,992 12,618,247 CARLSBAD 3,806,542 603,560 CHULA VISTA8,875,005 1,407,208 CORONADO808,314 128,165 DEL MAR145,790 23,116 EL CAJON3,489,746 553,329 ENCINITAS2,116,263 335,552 ESCONDIDO5,067,018 803,419 IMPERIAL BEACH 920,597 145,969 LA MESA2,023,209 320,797 LEMON GROVE901,264 142,903 NATIONAL CITY2,058,091 326,328 OCEANSIDE5,905,983 936,444 POWAY1,687,045 267,495 SAN DIEGO47,062,271 7,462,126 SAN MARCOS3,124,513 495,418 SANTEE1,919,732 304,390 SOLANA BEACH450,787 71,476 VISTA3,316,676 525,887 SAN FRANCISCO COUNTY 16,187,073 2,566,599 SAN FRANCISCO29,089,310 4,612,359 SAN JOAQUIN COUNTY 22,971,301 3,642,296 ESCALON255,012 40,434 LATHROP700,158 111,016 LODI2,191,979 347,557 MANTECA2,538,325 402,473 RIPON513,327 81,392 STOCKTON10,560,984 1,674,534 TRACY2,934,243 465,249 15 December 2016 CaliforniaCityFinance.com Page 8 of 11 Estimated 15 December 2016 $352 Million One-time Loan RepayAnnual at full Phase-in Local Streets & Roads Funding AB1 (Frazier) and SB1 (Beall) – 12Dec2016 versions $2.2 Billion* SAN LUIS OBISPO COUNTY 13,226,386 2,097,157 ARROYO GRANDE599,536 95,061 ATASCADERO1,003,434 159,103 EL PASO DE ROBLES1,049,978 166,483 GROVER BEACH452,576 71,760 MORRO BAY353,777 56,094 PISMO BEACH265,264 42,060 SAN LUIS OBISPO1,575,621 249,828 SAN MATEO COUNTY 19,335,542 3,065,816 ATHERTON238,569 37,827 BELMONT920,150 145,898 BRISBANE156,214 24,769 BURLINGAME1,028,237 163,036 COLMA61,646 9,775 DALY CITY3,639,939 577,144 EAST PALO ALTO1,002,334 158,929 FOSTER CITY1,114,239 176,672 HALF MOON BAY414,563 65,733 HILLSBOROUGH392,856 62,291 MENLO PARK1,144,615 181,488 MILLBRAE787,707 124,898 PACIFICA1,326,182 210,277 PORTOLA VALLEY155,732 24,693 REDWOOD CITY2,815,285 446,388 SAN BRUNO1,527,701 242,230 SAN CARLOS1,013,067 160,630 SAN MATEO3,489,230 553,247 SOUTH SAN FRANCISCO2,277,086 361,052 WOODSIDE190,546 30,213 SANTA BARBARA COUNTY 13,490,960 2,139,107 BUELLTON169,630 26,896 CARPINTERIA466,026 73,892 GOLETA1,058,338 167,809 GUADALUPE247,857 39,300 LOMPOC1,495,709 237,157 SANTA BARBARA3,133,492 496,842 SANTA MARIA3,511,865 556,836 SOLVANG188,826 29,940 SANTA CLARA COUNTY 43,257,742 6,858,885 CAMPBELL1,439,911 228,310 CUPERTINO2,055,649 325,941 GILROY1,823,238 289,090 LOS ALTOS1,033,260 163,832 LOS ALTOS HILLS286,936 45,496 LOS GATOS1,049,394 166,390 MILPITAS2,497,698 396,031 MONTE SERENO118,717 18,824 MORGAN HILL1,437,227 227,885 MOUNTAIN VIEW 2,680,297 424,984 PALO ALTO2,302,508 365,082 SAN JOSE34,967,600 5,544,412 SANTA CLARA4,161,557 659,851 SARATOGA1,059,507 167,994 SUNNYVALE5,092,268 807,423 15 December 2016 CaliforniaCityFinance.com Page 9 of 11 Estimated 15 December 2016 $352 Million One-time Loan RepayAnnual at full Phase-in Local Streets & Roads Funding AB1 (Frazier) and SB1 (Beall) – 12Dec2016 versions $2.2 Billion* SANTA CRUZ COUNTY 8,919,499 1,414,263 CAPITOLA345,796 54,829 SANTA CRUZ2,194,387 347,939 SCOTTS VALLEY410,332 65,062 WATSONVILLE1,791,830 284,110 SHASTA COUNTY 10,413,161 1,651,096 ANDERSON353,261 56,013 REDDING3,134,249 496,962 SHASTA LAKE349,649 55,440 SIERRA COUNTY 1,806,629 286,456 LOYALTON26,454 4,195 SISKIYOU COUNTY 7,460,749 1,182,966 DORRIS32,302 5,122 DUNSMUIR56,761 9,000 ETNA25,491 4,042 FORT JONES28,862 4,576 MONTAGUE49,640 7,871 MOUNT SHASTA116,756 18,513 TULELAKE34,848 5,525 WEED102,067 16,184 YREKA270,011 42,813 SOLANO COUNTY 12,505,632 1,982,875 BENICIA952,521 151,030 DIXON659,049 104,498 FAIRFIELD3,849,130 610,312 RIO VISTA281,845 44,689 SUISUN CITY993,768 157,570 VACAVILLE3,257,816 516,555 VALLEJO4,117,180 652,814 SONOMA COUNTY 18,774,653 2,976,882 CLOVERDALE299,561 47,498 COTATI252,708 40,069 HEALDSBURG402,041 63,747 PETALUMA2,048,218 324,763 ROHNERT PARK1,413,078 224,056 SANTA ROSA5,953,765 944,020 SEBASTOPOL 258,246 40,947 SONOMA376,103 59,634 WINDSOR940,343 149,099 STANISLAUS COUNTY 18,456,241 2,926,395 CERES1,616,455 256,303 HUGHSON248,442 39,393 MODESTO7,196,147 1,141,011 NEWMAN369,911 58,653 OAKDALE749,007 118,761 PATTERSON725,649 115,058 RIVERBANK807,901 128,100 TURLOCK2,443,930 387,506 WATERFORD298,805 47,378 15 December 2016 CaliforniaCityFinance.com Page 10 of 11 Estimated 15 December 2016 $352 Million One-time Loan RepayAnnual at full Phase-in Local Streets & Roads Funding AB1 (Frazier) and SB1 (Beall) – 12Dec2016 versions $2.2 Billion* SUTTER COUNTY 5,682,202 900,962 LIVE OAK293,988 46,614 YUBA CITY2,282,934 361,979 TEHAMA COUNTY 6,468,858 1,025,693 CORNING263,613 41,798 RED BLUFF490,554 77,782 TEHAMA14,448 2,291 TRINITY COUNTY 3,464,085 549,260 TULARE COUNTY 22,396,312 3,551,127 DINUBA824,447 130,723 EXETER 363,684 57,665 FARMERSVILLE375,243 59,498 LINDSAY436,132 69,152 PORTERVILLE1,921,349 304,646 TULARE2,145,332 340,161 VISALIA4,497,996 713,196 WOODLAKE264,954 42,011 TUOLUMNE COUNTY 4,525,459 717,550 SONORA168,667 26,744 VENTURA COUNTY 21,817,445 3,459,343 CAMARILLO2,310,145 366,293 FILLMORE531,181 84,223 MOORPARK1,229,034 194,874 OJAI261,858 41,520 OXNARD7,091,638 1,124,440 PORT HUENEME783,235 124,189 SAN BUENAVENTURA3,761,305 596,387 SANTA PAULA1,051,148 166,669 SIMI VALLEY4,351,105 689,905 THOUSAND OAKS4,449,698 705,538 YOLO COUNTY 7,964,748 1,262,879 DAVIS2,296,488 364,128 WEST SACRAMENTO1,763,793 279,665 WINTERS239,223 37,931 WOODLAND1,978,901 313,772 YUBA COUNTY 4,530,673 718,377 MARYSVILLE415,285 65,847 WHEATLAND118,889 18,851 Total1,110,000,000$ 1,110,000,000$ 176,000,000$ 176,000,000$ *Includes $770 m illion returned HUTA funds and $1.45 billion new RMRA allocations to LSR at full implementation (Yr5) 15 December 2016 CaliforniaCityFinance.com Page 11 of 11 SENATE BILL No. 1 Introduced by Senator Beall (Coauthors: Senators Dodd, Hertzberg, Hill, McGuire, Mendoza, Monning, Wieckowski, and Wiener) December 5, 2016 An act to amend Sections 13975, 14500, 14526.5, and 16965 of, to add Sections 14033, 14110, 14526.7, and 16321 to, to add Part 5.1 (commencing with Section 14460) to Division 3 of Title 2 of, and to repeal Section 14534.1 of, the Government Code, to amend Section 39719 of the Health and Safety Code, to amend Section 21080.37 of, and to add Division 13.6 (commencing with Section 21200) to, the Public Resources Code, to amend Section 99312.1 of the Public Utilities Code, to amend Sections 6051.8, 6201.8, 7360, 8352.4, 8352.5, 8352.6, and 60050 of the Revenue and Taxation Code, to amend Sections 183.1, 2192, and 2192.2 of, to add Sections 820.1, 2103.1 and 2192.4 to, and to add Chapter 2 (commencing with Section 2030) to Division 3 of, the Streets and Highways Code, and to add Sections 9250.3, 9250.6, and 9400.5 to the Vehicle Code, relating to transportation, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. legislative counsel’s digest SB 1, as introduced, Beall. Transportation funding. (1) Existing law provides various sources of funding for transportation purposes, including funding for the state highway system and the local street and road system. These funding sources include, among others, fuel excise taxes, commercial vehicle weight fees, local transactions and use taxes, and federal funds. Existing law imposes certain registration fees on vehicles, with revenues from these fees deposited in the Motor Vehicle Account and used to fund the Department of Motor Corrected 12-6-16—See last page.99 Vehicles and the Department of the California Highway Patrol. Existing law provides for the monthly transfer of excess balances in the Motor Vehicle Account to the State Highway Account. This bill would create the Road Maintenance and Rehabilitation Program to address deferred maintenance on the state highway system and the local street and road system. The bill would require the California Transportation Commission to adopt performance criteria, consistent with a specified asset management plan, to ensure efficient use of certain funds available for the program. The bill would provide for the deposit of various funds for the program in the Road Maintenance and Rehabilitation Account, which the bill would create in the State Transportation Fund, including revenues attributable to a $0.12 per gallon increase, phased in over 3 years, in the motor vehicle fuel (gasoline) tax imposed by the bill with an inflation adjustment, as provided, an increase of $38 in the annual vehicle registration fee with an inflation adjustment, as provided, a new $100 annual vehicle registration fee with an inflation adjustment, as provided, applicable to zero-emission motor vehicles, as defined, and certain miscellaneous revenues described in (7) below that are not restricted as to expenditure by Article XIX of the California Constitution. This bill would annually set aside $200,000,000 of the funds available for the program to fund road maintenance and rehabilitation purposes in counties that have sought and received voter approval of taxes or that have imposed fees, including uniform developer fees, as defined, which taxes or fees are dedicated solely to transportation improvements. These funds would be continuously appropriated for allocation pursuant to guidelines to be developed by the California Transportation Commission in consultation with local agencies. The bill would require $80,000,000 of the funds available for the program to be annually transferred to the State Highway Account for expenditure on the Active Transportation Program. The bill would require $30,000,000 of the funds available for the program in each of 4 fiscal years beginning in 2017–18 to be transferred to the Advance Mitigation Fund created by the bill pursuant to (12) below. The bill would continuously appropriate $2,000,000 annually of the funds available for the program to the California State University for the purpose of conducting transportation research and transportation-related workforce education, training, and development. The bill would require the remaining funds available for the program to be allocated 50% for maintenance of the state highway system or to the state highway operation and protection program and 99 — 2 —SB 1 50% to cities and counties pursuant to a specified formula. The bill would impose various requirements on the department and agencies receiving these funds. The bill would authorize a city or county to spend its apportionment of funds under the program on transportation priorities other than those allowable pursuant to the program if the city’s or county’s average Pavement Condition Index meets or exceeds 80. The bill would also require the department to annually identify savings achieved through efficiencies implemented at the department and to propose, from the identified savings, an appropriation to be included in the annual Budget Act of up to $70,000,000 from the State Highway Account for expenditure on the Active Transportation Program. (2) Existing law establishes in state government the Transportation Agency, which includes various departments and state entities, including the California Transportation Commission. Existing law vests the California Transportation Commission with specified powers, duties, and functions relative to transportation matters. Existing law requires the commission to retain independent authority to perform the duties and functions prescribed to it under any provision of law. This bill would exclude the California Transportation Commission from the Transportation Agency, establish it as an entity in state government, and require it to act in an independent oversight role. The bill would also make conforming changes. (3) Existing law creates various state agencies, including the Department of Transportation, the High-Speed Rail Authority, the Department of the California Highway Patrol, the Department of Motor Vehicles, and the State Air Resources Board, with specified powers and duties. Existing law provides for the allocation of state transportation funds to various transportation purposes. This bill would create the Office of the Transportation Inspector General in state government, as an independent office that would not be a subdivision of any other government entity, to ensure that all of the above-referenced state agencies and all other state agencies expending state transportation funds are operating efficiently, effectively, and in compliance with federal and state laws. The bill would provide for the Governor to appoint the Transportation Inspector General for a 6-year term, subject to confirmation by the Senate, and would provide that the Transportation Inspector General may not be removed from office during the term except for good cause. The bill would specify the duties and responsibilities of the Transportation 99 SB 1— 3 — Inspector General and would require an annual report to the Legislature and Governor. This bill would require the department to update the Highway Design Manual to incorporate the “complete streets” design concept by January 1, 2018. The bill would require the department to develop a plan by January 1, 2020, to increase by 100% the dollar value of contracts awarded to small businesses, disadvantaged business enterprises, and disabled veteran business enterprises. (4) Existing law provides for loans of revenues from various transportation funds and accounts to the General Fund, with various repayment dates specified. This bill would require the Department of Finance, on or before March 1, 2017, to compute the amount of outstanding loans made from specified transportation funds. The bill would require the Department of Transportation to prepare a loan repayment schedule and would require the outstanding loans to be repaid pursuant to that schedule, as prescribed. The bill would appropriate funds for that purpose from the Budget Stabilization Account. The bill would require the repaid funds to be transferred, pursuant to a specified formula, to cities and counties and to the department for maintenance of the state highway system and for purposes of the state highway operation and protection program. (5) The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Proposition 1B) created the Trade Corridors Improvement Fund and provided for allocation by the California Transportation Commission of $2 billion in bond funds for infrastructure improvements on highway and rail corridors that have a high volume of freight movement and for specified categories of projects eligible to receive these funds. Existing law continues the Trade Corridors Improvement Fund in existence in order to receive revenues from sources other than the bond act for these purposes. This bill would deposit the revenues attributable to a $0.20 per gallon increase in the diesel fuel excise tax imposed by the bill into the Trade Corridors Improvement Fund. The bill would require revenues apportioned to the state from the national highway freight program established by the federal Fixing America’s Surface Transportation Act to be allocated for trade corridor improvement projects approved pursuant to these provisions. Existing law requires the commission, in determining projects eligible for funding, to consult various state freight and regional infrastructure and goods movement plans and the statewide port master plan. 99 — 4 —SB 1 This bill would revise the list of plans to be consulted by the commission in prioritizing projects for funding. The bill would also expand eligible projects to include, among others, rail landside access improvements, landside freight access improvements to airports, and certain capital and operational improvements. The bill would identify specific amounts to be allocated from available federal funds to certain categories of projects. (6) Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the auction or sale of allowances as part of a market-based compliance mechanism relative to reduction of greenhouse gas emissions to be deposited in the Greenhouse Gas Reduction Fund. Existing law continuously appropriates 10% of the annual proceeds of the fund to the Transit and Intercity Rail Capital Program and 5% of the annual proceeds of the fund to the Low Carbon Transit Operations Program. This bill would, beginning in the 2017-18 fiscal year, instead continuously appropriate 20% of those annual proceeds to the Transit and Intercity Rail Capital Program and 10% of those annual proceeds to the Low Carbon Transit Operations Program, thereby making an appropriation. (7) Article XIX of the California Constitution restricts the expenditure of revenues from taxes imposed by the state on fuels used in motor vehicles upon public streets and highways to street and highway and certain mass transit purposes. Existing law requires certain miscellaneous revenues deposited in the State Highway Account that are not restricted as to expenditure by Article XIX of the California Constitution to be transferred to the Transportation Debt Service Fund in the State Transportation Fund, as specified, and requires the Controller to transfer from the fund to the General Fund an amount of those revenues necessary to offset the current year debt service made from the General Fund on general obligation transportation bonds issued pursuant to Proposition 116 of 1990. This bill would delete the transfer of these miscellaneous revenues to the Transportation Debt Service Fund, thereby eliminating the offsetting transfer to the General Fund for debt service on general obligation transportation bonds issued pursuant to Proposition 116 of 1990. The bill, subject to a specified exception, would instead require the miscellaneous revenues to be retained in the State Highway Account and to be deposited in the Road Maintenance and Rehabilitation Account. 99 SB 1— 5 — (8) Article XIX of the California Constitution requires gasoline excise tax revenues from motor vehicles traveling upon public streets and highways to be deposited in the Highway Users Tax Account, for allocation to city, county, and state transportation purposes. Existing law generally provides for statutory allocation of gasoline excise tax revenues attributable to other modes of transportation, including aviation, boats, agricultural vehicles, and off-highway vehicles, to particular accounts and funds for expenditure on purposes associated with those other modes, except that a specified portion of these gasoline excise tax revenues is deposited in the General Fund. Expenditure of the gasoline excise tax revenues attributable to those other modes is not restricted by Article XIX of the California Constitution. This bill, commencing July 1, 2017, would instead transfer to the Highway Users Tax Account for allocation to state and local transportation purposes under a specified formula the portion of gasoline excise tax revenues currently being deposited in the General Fund that are attributable to boats, agricultural vehicles, and off-highway vehicles. Because that account is continuously appropriated, the bill would make an appropriation. The bill, commencing July 1, 2017, would transfer, to the Road Maintenance and Rehabilitation Account, the portion of gasoline excise tax revenues attributable to these uses that would be derived from increases in the gasoline excise tax rate described in (1) above. (9) Existing law, as of July 1, 2011, increases the sales and use tax on diesel and decreases the excise tax, as provided. Existing law requires the State Board of Equalization to annually modify both the gasoline and diesel excise tax rates on a going-forward basis so that the various changes in the taxes imposed on gasoline and diesel are revenue neutral. This bill would eliminate the annual rate adjustment to maintain revenue neutrality for the gasoline and diesel excise tax rates and would reimpose the higher gasoline excise tax rate that was in effect on July 1, 2010, in addition to the increase in the rate described in (1) above. Existing law, beyond the sales and use tax rate generally applicable, imposes an additional sales and use tax on diesel fuel at the rate of 1.75%, subject to certain exemptions, and provides for the net revenues collected from the additional tax to be transferred to the Public Transportation Account. Existing law continuously appropriates these and other revenues in the account to the Controller for allocation by formula to transportation agencies for public transit purposes under the State Transit Assistance Program. Existing law provides for 99 — 6 —SB 1 appropriation of other revenues in the account to the Department of Transportation for various other transportation purposes, including intercity rail purposes. This bill would increase the additional sales and use tax rate on diesel fuel by an additional 4%. The bill would restrict expenditures of revenues attributable to the 3.5% rate increase to transit capital purposes and certain transit services and would require a recipient transit agency to comply with certain requirements, including submitting a list of proposed projects to the Department of Transportation, as a condition of receiving a portion of these funds under the State Transit Assistance Program. The bill would require an existing required audit of transit operator finances to verify that these new revenues have been expended in conformance with these specific restrictions and all other generally applicable requirements. By increasing the amount of revenues in the Public Transportation Account that are continuously appropriated, the bill would thereby make an appropriation. The bill would require the revenues attributable to the remaining 0.5% rate increase to be allocated, upon appropriation, to the department for intercity rail and commuter rail purposes. This bill would, beginning July 1, 2020, and every 3rd year thereafter, require the State Board of Equalization to recompute the gasoline and diesel excise tax rates and the additional sales and use tax rate on diesel fuel based upon the percentage change in the California Consumer Price Index transmitted to the board by the Department of Finance, as prescribed. (10) Existing law requires the Department of Transportation to prepare a state highway operation and protection program every other year for the expenditure of transportation capital improvement funds for projects that are necessary to preserve and protect the state highway system, excluding projects that add new traffic lanes. The program is required to be based on an asset management plan, as specified. Existing law requires the department to specify, for each project in the program the capital and support budget and projected delivery date for various components of the project. Existing law provides for the California Transportation Commission to review and adopt the program, and authorizes the commission to decline and adopt the program if it determines that the program is not sufficiently consistent with the asset management plan. This bill would require the commission, as part of its review of the program, to hold at least one hearing in northern California and one 99 SB 1— 7 — hearing in southern California regarding the proposed program. The bill would require the department to submit any change to a programmed project as an amendment to the commission for its approval. This bill, on and after August 1, 2017, would also require the commission to make an allocation of all capital and support costs for each project in the program, and would require the department to submit a supplemental project allocation request to the commission for each project that experiences cost increases above the amounts in its allocation. The bill would require the commission to establish guidelines to provide exceptions to the requirement for a supplemental project allocation requirement that the commission determines are necessary to ensure that projects are not unnecessarily delayed. (11) Existing law imposes weight fees on the registration of commercial motor vehicles and provides for the deposit of net weight fee revenues into the State Highway Account. Existing law provides for the transfer of certain weight fee revenues from the State Highway Account to the Transportation Debt Service Fund to reimburse the General Fund for payment of debt service on general obligation bonds issued for transportation purposes. Existing law also provides for the transfer of certain weight fee revenues to the Transportation Bond Direct Payment Account for direct payment of debt service on designated bonds, which are defined to be certain transportation general obligation bonds issued pursuant to Proposition 1B of 2006. Existing law also provides for loans of weight fee revenues to the General Fund to the extent the revenues are not needed for bond debt service purposes, with the loans to be repaid when the revenues are later needed for those purposes, as specified. This bill, notwithstanding these provisions or any other law, would only authorize specified percentages of weight fee revenues to be transferred from the State Highway Account to the Transportation Debt Service Fund, the Transportation Bond Direct Payment Account, or any other fund or account for the purpose of payment of the debt service on transportation general obligation bonds in accordance with a prescribed schedule, with no more than 50% of weight fee revenues to be used for debt service purposes beginning with the 2021–22 fiscal year. The bill would require the California Transportation Commission, by January 1, 2018, to recommend a course of action to the Legislature and Governor that would retain the remaining 50% share of weight fee revenues in the State Highway Account or provide for the transfer of those revenues to the Road Maintenance and Rehabilitation Account. 99 — 8 —SB 1 The bill would also prohibit loans of weight fee revenues to the General Fund. (12) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA, until January 1, 2020, exempts a project or an activity to repair, maintain, or make minor alterations to an existing roadway, as defined, other than a state roadway, if the project or activity is carried out by a city or county with a population of less than 100,000 persons to improve public safety and meets other specified requirements. This bill would extend the above-referenced exemption indefinitely and delete the limitation of the exemption to projects or activities in cities and counties with a population of less than 100,000 persons. The bill would also expand the exemption to include state roadways. This bill would also establish the Advance Mitigation Program in the Department of Transportation. The bill would authorize the department to undertake specified mitigation measures in advance of construction of planned transportation improvements. The bill would require the department to establish a steering committee to advise the department on advance mitigation measures and related matters. The bill would create the Advance Mitigation Fund as a continuously appropriated revolving fund, to be funded initially from the Road Maintenance and Rehabilitation Program pursuant to (1) above. The bill would provide for reimbursement of the revolving fund at the time a planned transportation improvement benefiting from advance mitigation is constructed. (13) Existing federal law requires the United States Secretary of Transportation to carry out a surface transportation project delivery program, under which the participating states assume certain responsibilities for environmental review and clearance of transportation projects that would otherwise be the responsibility of the federal government. Existing law, until January 1, 2017, when these provisions 99 SB 1— 9 — are repealed, provides that the State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of the responsibilities the Department of Transportation assumed as a participant in this program. This bill would reenact these provisions. (14) This bill would provide that the fuel tax increases imposed by the bill would be effective on July 1, 2017. The bill would provide that the vehicle fee increases imposed by the bill would be effective on October 1, 2017. (15) This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2⁄3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: line 1 SECTION 1. The Legislature finds and declares all of the line 2 following: line 3 (a) Over the next 10 years, the state faces a $59 billion shortfall line 4 to adequately maintain the existing state highway system in order line 5 to keep it in a basic state of good repair. line 6 (b) Similarly, cities and counties face a $78 billion shortfall line 7 over the next decade to adequately maintain the existing network line 8 of local streets and roads. line 9 (c) Statewide taxes and fees dedicated to the maintenance of line 10 the system have not been increased in more than 20 years, with line 11 those revenues losing more than 55 percent of their purchasing line 12 power, while costs to maintain the system have steadily increased line 13 and much of the underlying infrastructure has aged past its expected line 14 useful life. line 15 (d) California motorists are spending $17 billion annually in line 16 extra maintenance and car repair bills, which is more than $700 line 17 per driver, due to the state’s poorly maintained roads. line 18 (e) Failing to act now to address this growing problem means line 19 that more drastic measures will be required to maintain our system line 20 in the future, essentially passing the burden on to future generations line 21 instead of doing our job today. line 22 (f) A funding program will help address a portion of the line 23 maintenance backlog on the state’s road system and will stop the line 24 growth of the problem. 99 — 10 —SB 1 line 1 (g) Modestly increasing various fees can spread the cost of road line 2 repairs broadly to all users and beneficiaries of the road network line 3 without overburdening any one group. line 4 (h) Improving the condition of the state’s road system will have line 5 a positive impact on the economy as it lowers the transportation line 6 costs of doing business, reduces congestion impacts for employees, line 7 and protects property values in the state. line 8 (i) The federal government estimates that increased spending line 9 on infrastructure creates more than 13,000 jobs per $1 billion spent. line 10 (j) Well-maintained roads benefit all users, not just drivers, as line 11 roads are used for all modes of transport, whether motor vehicles, line 12 transit, bicycles, or pedestrians. line 13 (k) Well-maintained roads additionally provide significant health line 14 benefits and prevent injuries and death due to crashes caused by line 15 poorly maintained infrastructure. line 16 (l) A comprehensive, reasonable transportation funding package line 17 will do all of the following: line 18 (1) Ensure these transportation needs are addressed. line 19 (2) Fairly distribute the economic impact of increased funding. line 20 (3) Restore the gas tax rate previously reduced by the State line 21 Board of Equalization pursuant to the gas tax swap. line 22 (4) Direct increased revenue to the state’s highest transportation line 23 needs. line 24 SEC. 2. Section 13975 of the Government Code is amended line 25 to read: line 26 13975. There is in the state government the Transportation line 27 Agency. The agency consists of the Department of the California line 28 Highway Patrol, the California Transportation Commission, the line 29 Department of Motor Vehicles, the Department of Transportation, line 30 the High-Speed Rail Authority, and the Board of Pilot line 31 Commissioners for the Bays of San Francisco, San Pablo, and line 32 Suisun. line 33 SEC. 3. Section 14033 is added to the Government Code, to line 34 read: line 35 14033. On or before January 1, 2018, the department shall line 36 update the Highway Design Manual to incorporate the “complete line 37 streets” design concept. line 38 SEC. 4. Section 14110 is added to the Government Code, to line 39 read: 99 SB 1— 11 — line 1 14110. The department shall develop a plan by January 1, 2020, line 2 to increase by 100 percent the dollar value of contracts awarded line 3 to small businesses, disadvantaged business enterprises, and line 4 disabled veteran business enterprises. line 5 SEC. 5. Part 5.1 (commencing with Section 14460) is added line 6 to Division 3 of Title 2 of the Government Code, to read: line 7 line 8 PART 5.1. OFFICE OF THE TRANSPORTATION INSPECTOR line 9 GENERAL line 10 line 11 14460. (a) There is hereby created in state government the line 12 independent Office of the Transportation Inspector General, which line 13 shall not be a subdivision of any other governmental entity, to line 14 ensure that the Department of Transportation, the High-Speed Rail line 15 Authority, the Department of the California Highway Patrol, the line 16 Department of Motor Vehicles, the State Air Resources Board, line 17 and all other state agencies expending state transportation funds line 18 are operating efficiently, effectively, and in compliance with line 19 applicable federal and state laws. line 20 (b) The Governor shall appoint, subject to confirmation by the line 21 Senate, the Transportation Inspector General to a six-year term. line 22 The Transportation Inspector General may not be removed from line 23 office during that term, except for good cause. A finding of good line 24 cause may include substantial neglect of duty, gross misconduct, line 25 or conviction of a crime. The reasons for removal of the line 26 Transportation Inspector General shall be stated in writing and line 27 shall include the basis for removal. The writing shall be sent to line 28 the Secretary of the Senate and the Chief Clerk of the Assembly line 29 at the time of the removal and shall be deemed to be a public line 30 document. line 31 14461. The Transportation Inspector General shall review line 32 policies, practices, and procedures and conduct audits and line 33 investigations of activities involving state transportation funds in line 34 consultation with all affected state agencies. Specifically, the line 35 Transportation Inspector General’s duties and responsibilities shall line 36 include, but not be limited to, all of the following: line 37 (a) To examine the operating practices of all state agencies line 38 expending state transportation funds to identify fraud and waste, line 39 opportunities for efficiencies, and opportunities to improve the line 40 data used to determine appropriate project resource allocations. 99 — 12 —SB 1 line 1 (b) To identify best practices in the delivery of transportation line 2 projects and develop policies or recommend proposed legislation line 3 enabling state agencies to adopt these practices when practicable. line 4 (c) To provide objective analysis of and, when possible, offer line 5 solutions to concerns raised by the public or generated within line 6 agencies involving the state’s transportation infrastructure and line 7 project delivery methods. line 8 (d) To conduct, supervise, and coordinate audits and line 9 investigations relating to the programs and operations of all state line 10 transportation agencies with state-funded transportation projects. line 11 (e) To recommend policies promoting economy and efficiency line 12 in the administration of programs and operations of all state line 13 agencies with state-funded transportation projects. line 14 (f) To ensure that the Secretary of Transportation and the line 15 Legislature are fully and currently informed concerning fraud or line 16 other serious abuses or deficiencies relating to the expenditure of line 17 funds or administration of programs and operations. line 18 14462. The Transportation Inspector General shall report at line 19 least annually to the Governor and Legislature with a summary of line 20 his or her findings, investigations, and audits. The summary shall line 21 be posted on the Transportation Inspector General’s Internet Web line 22 site and shall otherwise be made available to the public upon its line 23 release to the Governor and Legislature. The summary shall line 24 include, but need not be limited to, significant problems discovered line 25 by the Transportation Inspector General and whether line 26 recommendations of the Transportation Inspector General relative line 27 to investigations and audits have been implemented by the affected line 28 agencies. The report shall be submitted to the Legislature in line 29 compliance with Section 9795. line 30 SEC. 6. Section 14500 of the Government Code is amended line 31 to read: line 32 14500. There is in the Transportation Agency state government line 33 a California Transportation Commission. The commission shall line 34 act in an independent oversight role. line 35 SEC. 7. Section 14526.5 of the Government Code is amended line 36 to read: line 37 14526.5. (a) Based on the asset management plan prepared line 38 and approved pursuant to Section 14526.4, the department shall line 39 prepare a state highway operation and protection program for the line 40 expenditure of transportation funds for major capital improvements 99 SB 1— 13 — line 1 that are necessary to preserve and protect the state highway system. line 2 Projects included in the program shall be limited to capital line 3 improvements relative to the maintenance, safety, operation, and line 4 rehabilitation of state highways and bridges that do not add a new line 5 traffic lane to the system. line 6 (b) The program shall include projects that are expected to be line 7 advertised prior to July 1 of the year following submission of the line 8 program, but which have not yet been funded. The program shall line 9 include those projects for which construction is to begin within line 10 four fiscal years, starting July 1 of the year following the year the line 11 program is submitted. line 12 (c) (1) The department, at a minimum, shall specify, for each line 13 project in the state highway operation and protection program, the line 14 capital and support budget, as well as a projected delivery date, line 15 budget for each of the following project components: line 16 (1) Completion of project line 17 (A) Project approval and environmental documents. line 18 (2) Preparation of plans, line 19 (B) Plans, specifications, and estimates. line 20 (3) Acquisition of rights-of-way, including, but not limited to, line 21 support activities. line 22 (C) Rights-of-way. line 23 (D) Construction. line 24 (2) The department shall specify, for each project in the state line 25 highway operation and protection program, a projected delivery line 26 date for each of the following components: line 27 (A) Environmental document completion. line 28 (B) Plans, specifications, and estimate completion. line 29 (C) Right-of-way certification. line 30 (4) line 31 (D) Start of construction. line 32 (d) The program shall be submitted department shall submit its line 33 proposed program to the commission not later than January 31 of line 34 each even-numbered year. Prior to submitting the plan, the its line 35 proposed program, the department shall make a draft of its line 36 proposed program available to transportation planning agencies line 37 for review and comment and shall include the comments in its line 38 submittal to the commission. The department shall provide the line 39 commission with detailed information for all programmed projects, 99 — 14 —SB 1 line 1 including, but not limited to, cost, scope, schedule, and line 2 performance metrics as determined by the commission. line 3 (e) The commission may shall review the proposed program line 4 relative to its overall adequacy, consistency with the asset line 5 management plan prepared and approved pursuant to Section line 6 14526.4 and funding priorities established in Section 167 of the line 7 Streets and Highways Code, the level of annual funding needed line 8 to implement the program, and the impact of those expenditures line 9 on the state transportation improvement program. The commission line 10 shall adopt the program and submit it to the Legislature and the line 11 Governor not later than April 1 of each even-numbered year. The line 12 commission may decline to adopt the program if the commission line 13 determines that the program is not sufficiently consistent with the line 14 asset management plan prepared and approved pursuant to Section line 15 14526.4. line 16 (f) As part of the commission’s review of the program required line 17 pursuant to subdivision (a), the commission shall hold at least one line 18 hearing in northern California and one hearing in southern line 19 California regarding the proposed program. line 20 (f) line 21 (g) Expenditures for these projects shall not be subject to line 22 Sections 188 and 188.8 of the Streets and Highways Code. line 23 (h) Following adoption of the state highway operation and line 24 protection program by the commission, any change to a line 25 programmed project shall be submitted as an amendment by the line 26 department to the commission for its approval before the change line 27 may be implemented. line 28 SEC. 8. Section 14526.7 is added to the Government Code, to line 29 read: line 30 14526.7. (a) On and after August 1, 2017, an allocation by the line 31 commission of all capital and support costs for each project in the line 32 state highway operation and protection program shall be required. line 33 (b) For a project that experiences increases in capital or support line 34 costs above the amounts in the commission’s allocation pursuant line 35 to subdivision (a), a supplemental project allocation request shall line 36 be submitted by the department to the commission for approval. line 37 (c) The commission shall establish guidelines to provide line 38 exceptions to the requirement of subdivision (b) that the line 39 commission determines are necessary to ensure that projects are line 40 not unnecessarily delayed. 99 SB 1— 15 — line 1 SEC. 9. Section 14534.1 of the Government Code is repealed. line 2 14534.1. Notwithstanding Section 12850.6 or subdivision (b) line 3 of Section 12800, as added to this code by the Governor’s line 4 Reorganization Plan No. 2 of 2012 during the 2011–12 Regular line 5 Session, the commission shall retain independent authority to line 6 perform those duties and functions prescribed to it under any line 7 provision of law. line 8 SEC. 10. Section 16321 is added to the Government Code, to line 9 read: line 10 16321. (a) Notwithstanding any other law, on or before March line 11 1, 2017, the Department of Finance shall compute the amount of line 12 outstanding loans made from the State Highway Account, the line 13 Motor Vehicle Fuel Account, the Highway Users Tax Account, line 14 and the Motor Vehicle Account to the General Fund. The line 15 department shall prepare a loan repayment schedule, pursuant to line 16 which the outstanding loans shall be repaid, as follows: line 17 (1) On or before December 31, 2017, 50 percent of the line 18 outstanding loan amounts. line 19 (2) On or before December 31, 2018, the remainder of the line 20 outstanding loan amounts. line 21 (b) Notwithstanding any other law, as the loans are repaid line 22 pursuant to this section, the repaid funds shall be transferred in the line 23 following manner: line 24 (1) Fifty percent to cities and counties pursuant to clauses (i) line 25 and (ii) of subparagraph (C) of paragraph (3) of subdivision (a) of line 26 Section 2103 of the Streets and Highways Code. line 27 (2) Fifty percent to the department for maintenance of the state line 28 highway system and for purposes of the state highway operation line 29 and protection program. line 30 (c) Funds for loan repayments pursuant to this section are hereby line 31 appropriated from the Budget Stabilization Account pursuant to line 32 subclause (II) of clause (ii) of subparagraph (B) of paragraph (1) line 33 of subdivision (c) of Section 20 of Article XVI of the California line 34 Constitution. line 35 SEC. 11. Section 16965 of the Government Code is amended line 36 to read: line 37 16965. (a) (1) The Transportation Debt Service Fund is hereby line 38 created in the State Treasury. Moneys in the fund shall be dedicated line 39 to all of the following purposes: 99 — 16 —SB 1 line 1 (A) Payment of debt service with respect to designated bonds, line 2 as defined in subdivision (c) of Section 16773, and as further line 3 provided in paragraph (3) and subdivision (b). line 4 (B) To reimburse the General Fund for debt service with respect line 5 to bonds. line 6 (C) To redeem or retire bonds, pursuant to Section 16774, line 7 maturing in a subsequent fiscal year. line 8 (2) The bonds eligible under subparagraph (B) or (C) of line 9 paragraph (1) include bonds issued pursuant to the Clean Air and line 10 Transportation Improvement Act of 1990 (Part 11.5 (commencing line 11 with Section 99600) of Division 10 of the Public Utilities Code), line 12 the Passenger Rail and Clean Air Bond Act of 1990 (Chapter 17 line 13 (commencing with Section 2701) of Division 3 of the Streets and line 14 Highways Code), the Seismic Retrofit Bond Act of 1996 (Chapter line 15 12.48 (commencing with Section 8879) of Division 1 of Title 2), line 16 and the Safe, Reliable High-Speed Passenger Train Bond Act for line 17 the 21st Century (Chapter 20 (commencing with Section 2704) of line 18 Division 3 of the Streets and Highways Code), and nondesignated line 19 bonds under Proposition 1B, as defined in subdivision (c) of line 20 Section 16773. line 21 (3) (A) The Transportation Bond Direct Payment Account is line 22 hereby created in the State Treasury, as a subaccount within the line 23 Transportation Debt Service Fund, for the purpose of directly line 24 paying the debt service, as defined in paragraph (4), of designated line 25 bonds of Proposition 1B, as defined in subdivision (c) of Section line 26 16773. Notwithstanding Section 13340, moneys in the line 27 Transportation Bond Direct Payment Account are continuously line 28 appropriated for payment of debt service with respect to designated line 29 bonds as provided in subdivision (c) of Section 16773. So long as line 30 any designated bonds remain outstanding, the moneys in the line 31 Transportation Bond Direct Payment Account may not be used line 32 for any other purpose, and may not be borrowed by or available line 33 for transfer to the General Fund pursuant to Section 16310 or any line 34 similar law, or to the General Cash Revolving Fund pursuant to line 35 Section 16381 or any similar law. line 36 (B) Once the Treasurer makes a certification that payment of line 37 debt service with respect to all designated bonds has been paid or line 38 provided for, any remaining moneys in the Transportation Bond line 39 Direct Payment Account shall be transferred back to the line 40 Transportation Debt Service Fund. 99 SB 1— 17 — line 1 (C) The moneys in the Transportation Bond Direct Payment line 2 Account shall be invested in the Surplus Money Investment Fund, line 3 and all investment earnings shall accrue to the account. line 4 (D) The Controller may establish subaccounts within the line 5 Transportation Bond Direct Payment Account as may be required line 6 by the resolution, indenture, or other documents governing any line 7 designated bonds. line 8 (4) For purposes of this subdivision and subdivision (b), and line 9 subdivision (c) of Section 16773, “debt service” means payment line 10 of all of the following costs and expenses with respect to any line 11 designated bond: line 12 (A) The principal of and interest on the bonds. line 13 (B) Amounts payable as the result of tender on any bonds, as line 14 described in clause (iv) of subparagraph (B) of paragraph (1) of line 15 subdivision (d) of Section 16731. line 16 (C) Amounts payable under any contractual obligation of the line 17 state to repay advances and pay interest thereon under a credit line 18 enhancement or liquidity agreement as described in clause (iv) of line 19 subparagraph (B) of paragraph (1) of subdivision (d) of Section line 20 16731. line 21 (D) Any amount owed by the state to a counterparty after any line 22 offset for payments owed to the state on any hedging contract as line 23 described in subparagraph (A) of paragraph (2) of subdivision (d) line 24 of Section 16731. line 25 (b) From the moneys transferred to the fund pursuant to line 26 paragraph (2) or (3) of subdivision (c) of Section 9400.4 of the line 27 Vehicle Code, there shall first be deposited into the Transportation line 28 Bond Direct Payment Account in each month sufficient funds to line 29 equal the amount designated in a certificate submitted by the line 30 Treasurer to the Controller and the Director of Finance at the start line 31 of each fiscal year, and as may be modified by the Treasurer line 32 thereafter upon issuance of any new issue of designated bonds or line 33 upon change in circumstances that requires such a modification. line 34 This certificate shall be calculated by the Treasurer to identify, for line 35 each month, the amount necessary to fund all of the debt service line 36 with respect to all designated bonds. This calculation shall be done line 37 in a manner provided in the resolution, indenture, or other line 38 documents governing the designated bonds. In the event that line 39 transfers to the Transportation Bond Direct Payment Account in line 40 any month are less than the amounts required in the Treasurer’s 99 — 18 —SB 1 line 1 certificate, the shortfall shall carry over to be part of the required line 2 payment in the succeeding month or months. line 3 (c) The state hereby covenants with the holders from time to line 4 time of any designated bonds that it will not alter, amend, or restrict line 5 the provisions of subdivision (c) of Section 16773 of the line 6 Government Code, or Sections 9400, 9400.1, 9400.4, and 42205 line 7 of the Vehicle Code, which provide directly or indirectly for the line 8 transfer of weight fees to the Transportation Debt Service Fund line 9 or the Transportation Bond Direct Payment Account, or line 10 subdivisions (a) and (b) of this section, or reduce the rate of line 11 imposition of vehicle weight fees under Sections 9400 and 9400.1 line 12 of the Vehicle Code as they existed on the date of the first issuance line 13 of any designated bonds, if that alteration, amendment, restriction, line 14 or reduction would result in projected weight fees for the next line 15 fiscal year determined by the Director of Finance being less than line 16 two times the maximum annual debt service with respect to all line 17 outstanding designated bonds, as such calculation is determined line 18 pursuant to the resolution, indenture, or other documents governing line 19 the designated bonds. The state may include this covenant in the line 20 resolution, indenture, or other documents governing the designated line 21 bonds. line 22 (d) Once the required monthly deposit, including makeup of line 23 any shortfalls from any prior month, has been made pursuant to line 24 subdivision (b), from moneys transferred to the fund pursuant to line 25 paragraph (2) or (3) of subdivision (c) of Section 9400.4 of the line 26 Vehicle Code, or pursuant to Section 16965.1 or 63048.67, the line 27 Controller shall transfer as an expenditure reduction to the General line 28 Fund any amount necessary to offset the cost of current year debt line 29 service payments made from the General Fund with respect to any line 30 bonds issued pursuant to Proposition 192 (1996) and three-quarters line 31 of the amount of current year debt service payments made from line 32 the General Fund with respect to any nondesignated bonds, as line 33 defined in subdivision (c) of Section 16773, issued pursuant to line 34 Proposition 1B (2006). In the alternative, these funds may also be line 35 used to redeem or retire the applicable bonds, pursuant to Section line 36 16774, maturing in a subsequent fiscal year as directed by the line 37 Director of Finance. line 38 (e) From moneys transferred to the fund pursuant to Section line 39 183.1 of the Streets and Highways Code, the Controller shall line 40 transfer as an expenditure reduction to the General Fund any 99 SB 1— 19 — line 1 amount necessary to offset the cost of current year debt service line 2 payments made from the General Fund with respect to any bonds line 3 issued pursuant to Proposition 116 (1990). In the alternative, these line 4 funds may also be used to redeem or retire the applicable bonds, line 5 pursuant to Section 16774, maturing in a subsequent fiscal year line 6 as directed by the Director of Finance. line 7 (f) line 8 (e) Once the required monthly deposit, including makeup of line 9 any shortfalls from any prior month, has been made pursuant to line 10 subdivision (b), from moneys transferred to the fund pursuant to line 11 paragraph (2) or (3) of subdivision (c) of Section 9400.4 of the line 12 Vehicle Code, or pursuant to Section 16965.1 or 63048.67, the line 13 Controller shall transfer as an expenditure reduction to the General line 14 Fund any amount necessary to offset the eligible cost of current line 15 year debt service payments made from the General Fund with line 16 respect to any bonds issued pursuant to Proposition 108 (1990) line 17 and Proposition 1A (2008), and one-quarter of the amount of line 18 current year debt service payments made from the General Fund line 19 with respect to any nondesignated bonds, as defined in subdivision line 20 (c) of Section 16773, issued pursuant to Proposition 1B (2006). line 21 The Department of Finance shall notify the Controller by July 30 line 22 of every year of the percentage of debt service that is expected to line 23 be paid in that fiscal year with respect to bond-funded projects that line 24 qualify as eligible guideway projects consistent with the line 25 requirements applicable to the expenditure of revenues under line 26 Article XIX of the California Constitution, and the Controller shall line 27 make payments only for those eligible projects. In the alternative, line 28 these funds may also be used to redeem or retire the applicable line 29 bonds, pursuant to Section 16774, maturing in a subsequent fiscal line 30 year as directed by the Director of Finance. line 31 (g) line 32 (f) On or before the second business day following the date on line 33 which transfers are made to the Transportation Debt Service Fund, line 34 and after the required monthly deposits for that month, including line 35 makeup of any shortfalls from any prior month, have been made line 36 to the Transportation Bond Direct Payment Account, the Controller line 37 shall transfer the funds designated for reimbursement of bond debt line 38 service with respect to nondesignated bonds, as defined in line 39 subdivision (c) of Section 16773, and other bonds identified in 99 — 20 —SB 1 line 1 subdivisions (d), (e), and (f) (d) and (e) in that month from the line 2 fund to the General Fund pursuant to this section. line 3 SEC. 12. Section 39719 of the Health and Safety Code is line 4 amended to read: line 5 39719. (a) The Legislature shall appropriate the annual line 6 proceeds of the fund for the purpose of reducing greenhouse gas line 7 emissions in this state in accordance with the requirements of line 8 Section 39712. line 9 (b) To carry out a portion of the requirements of subdivision line 10 (a), annual proceeds are continuously appropriated for the line 11 following: line 12 (1) Beginning in the 2015–16 2017–18 fiscal year, and line 13 notwithstanding Section 13340 of the Government Code, 35 50 line 14 percent of annual proceeds are continuously appropriated, without line 15 regard to fiscal years, for transit, affordable housing, and line 16 sustainable communities programs as following: follows: line 17 (A) Ten Twenty percent of the annual proceeds of the fund is line 18 hereby continuously appropriated to the Transportation Agency line 19 for the Transit and Intercity Rail Capital Program created by Part line 20 2 (commencing with Section 75220) of Division 44 of the Public line 21 Resources Code. line 22 (B) Five Ten percent of the annual proceeds of the fund is hereby line 23 continuously appropriated to the Low Carbon Transit Operations line 24 Program created by Part 3 (commencing with Section 75230) of line 25 Division 44 of the Public Resources Code. Funds Moneys shall be line 26 allocated by the Controller, according to requirements of the line 27 program, and pursuant to the distribution formula in subdivision line 28 (b) or (c) of Section 99312 of, and Sections 99313 and 99314 of, line 29 the Public Utilities Code. line 30 (C) Twenty percent of the annual proceeds of the fund is hereby line 31 continuously appropriated to the Strategic Growth Council for the line 32 Affordable Housing and Sustainable Communities Program created line 33 by Part 1 (commencing with Section 75200) of Division 44 of the line 34 Public Resources Code. Of the amount appropriated in this line 35 subparagraph, no less than 10 percent of the annual proceeds, line 36 proceeds shall be expended for affordable housing, consistent with line 37 the provisions of that program. line 38 (2) Beginning in the 2015–16 fiscal year, notwithstanding line 39 Section 13340 of the Government Code, 25 percent of the annual line 40 proceeds of the fund is hereby continuously appropriated to the 99 SB 1— 21 — line 1 High-Speed Rail Authority for the following components of the line 2 initial operating segment and Phase I Blended System as described line 3 in the 2012 business plan adopted pursuant to Section 185033 of line 4 the Public Utilities Code: line 5 (A) Acquisition and construction costs of the project. line 6 (B) Environmental review and design costs of the project. line 7 (C) Other capital costs of the project. line 8 (D) Repayment of any loans made to the authority to fund the line 9 project. line 10 (c) In determining the amount of annual proceeds of the fund line 11 for purposes of the calculation in subdivision (b), the funds subject line 12 to Section 39719.1 shall not be included. line 13 SEC. 13. Section 21080.37 of the Public Resources Code is line 14 amended to read: line 15 21080.37. (a) This division does not apply to a project or an line 16 activity to repair, maintain, or make minor alterations to an existing line 17 roadway if all of the following conditions are met: line 18 (1) The project is carried out by a city or county with a line 19 population of less than 100,000 persons to improve public safety. line 20 (2) line 21 (1) (A) The project does not cross a waterway. line 22 (B) For purposes of this paragraph, “waterway” means a bay, line 23 estuary, lake, pond, river, slough, or a perennial, intermittent, or line 24 ephemeral stream, lake, or estuarine-marine shoreline. line 25 (3) line 26 (2) The project involves negligible or no expansion of an line 27 existing use beyond that existing at the time of the lead agency’s line 28 determination. line 29 (4) The roadway is not a state roadway. line 30 (5) line 31 (3) (A) The site of the project does not contain wetlands or line 32 riparian areas and does not have significant value as a wildlife line 33 habitat, and the project does not harm any species protected by the line 34 federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et line 35 seq.), the Native Plant Protection Act (Chapter 10 (commencing line 36 with Section 1900) of Division 2 of the Fish and Game Code), or line 37 the California Endangered Species Act (Chapter 1.5 (commencing line 38 with Section 2050) of Division 3 of the Fish and Game Code), and line 39 the project does not cause the destruction or removal of any species line 40 protected by a local ordinance. 99 — 22 —SB 1 line 1 (B) For the purposes of this paragraph: line 2 (i) “Riparian areas” mean those areas transitional between line 3 terrestrial and aquatic ecosystems and that are distinguished by line 4 gradients in biophysical conditions, ecological processes, and biota. line 5 A riparian area is an area through which surface and subsurface line 6 hydrology connect waterbodies with their adjacent uplands. A line 7 riparian area includes those portions of terrestrial ecosystems that line 8 significantly influence exchanges of energy and matter with aquatic line 9 ecosystems. A riparian area is adjacent to perennial, intermittent, line 10 and ephemeral streams, lakes, and estuarine-marine shorelines. line 11 (ii) “Significant value as a wildlife habitat” includes wildlife line 12 habitat of national, statewide, regional, or local importance; habitat line 13 for species protected by the federal Endangered Species Act of line 14 1973 (16 U.S.C. Sec. 1531, 1531 et seq.), the California line 15 Endangered Species Act (Chapter 1.5 (commencing with Section line 16 2050) of Division 3 of the Fish and Game Code), or the Native line 17 Plant Protection Act (Chapter 10 (commencing with Section 1900) line 18 of Division 2 of the Fish and Game Code); habitat identified as line 19 candidate, fully protected, sensitive, or species of special status line 20 by local, state, or federal agencies; or habitat essential to the line 21 movement of resident or migratory wildlife. line 22 (iii) “Wetlands” has the same meaning as in the United States line 23 Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). line 24 (iv) “Wildlife habitat” means the ecological communities upon line 25 which wild animals, birds, plants, fish, amphibians, and line 26 invertebrates depend for their conservation and protection. line 27 (6) line 28 (4) The project does not impact cultural resources. line 29 (7) line 30 (5) The roadway does not affect scenic resources, as provided line 31 pursuant to subdivision (c) of Section 21084. line 32 (b) Prior to determining that a project is exempt pursuant to this line 33 section, the lead agency shall do both of the following: line 34 (1) Include measures in the project to mitigate potential line 35 vehicular traffic and safety impacts and bicycle and pedestrian line 36 safety impacts. line 37 (2) Hold a noticed public hearing on the project to hear and line 38 respond to public comments. The hearing on the project may be line 39 conducted with another noticed lead agency public hearing. line 40 Publication of the notice shall be no fewer times than required by 99 SB 1— 23 — line 1 Section 6061 of the Government Code, by the public agency in a line 2 newspaper of general circulation in the area. line 3 (c) For purposes of this section, “roadway” means a roadway line 4 as defined pursuant to Section 530 of the Vehicle Code and the line 5 previously graded and maintained shoulder that is within a roadway line 6 right-of-way of no more than five feet from the edge of the line 7 roadway. line 8 (d) (1) If a state agency determines that a project is not subject line 9 to this division pursuant to this section and it approves or line 10 determines to carry out that project, it shall file a notice with the line 11 Office of Planning and Research in the manner specified in line 12 subdivisions (b) and (c) of Section 21108. line 13 (d) Whenever line 14 (2) If a local agency determines that a project is not subject to line 15 this division pursuant to this section, section and it approves or line 16 determines to carry out that project, the local agency it shall file line 17 a notice with the Office of Planning and Research, and with the line 18 county clerk in the county in which the project will be located in line 19 the manner specified in subdivisions (b) and (c) of Section 21152. line 20 (e) This section shall remain in effect only until January 1, 2020, line 21 and as of that date is repealed, unless a later enacted statute, that line 22 is enacted before January 1, 2020, deletes or extends that date. line 23 SEC. 14. Division 13.6 (commencing with Section 21200) is line 24 added to the Public Resources Code, to read: line 25 line 26 DIVISION 13.6. ADVANCE MITIGATION PROGRAM ACT line 27 line 28 Chapter 1. General line 29 line 30 21200. This division shall be known, and may be cited, as the line 31 Advance Mitigation Program Act. line 32 21201. (a) The purpose of this division is to improve the line 33 success and effectiveness of actions implemented to mitigate the line 34 natural resource impacts of future transportation improvements line 35 by designing those actions to measurably advance regional or line 36 statewide conservation priorities and by establishing the means to line 37 implement the actions well before the impacts occur. The advance line 38 design and implementation of mitigation actions also will line 39 streamline the delivery of transportation improvements by avoiding line 40 or reducing delays associated with environmental permitting. 99 — 24 —SB 1 line 1 (b) This division is not intended to create a new environmental line 2 permitting or regulatory program or to modify existing line 3 environmental laws or regulations, nor is it expected that all line 4 mitigation requirements will be addressed for planned line 5 transportation improvements. Instead, it is intended to provide a line 6 methodology with which to fulfill the requirements of existing line 7 state and federal environmental laws that protect fish, wildlife, line 8 plant species, and other natural resources more efficiently and line 9 effectively. line 10 21202. The Legislature finds and declares all of the following: line 11 (a) Compensatory mitigation for environmental impacts is line 12 ordinarily handled on a project-by-project basis, usually near the line 13 end of a project’s timeline and often with insufficient guidance line 14 regarding regional or statewide conservation priorities. line 15 (b) The cost of critical transportation improvements often line 16 escalates because of permitting delays that occur when appropriate line 17 conservation and mitigation measures cannot easily be identified line 18 and because the cost of these measures often increases between line 19 the time a project is planned and funded and the time mitigation line 20 is implemented. line 21 (c) When the Department of Transportation is able to anticipate line 22 the compensatory mitigation needs for planned transportation line 23 improvements, it can meet those needs in a more timely and line 24 cost-effective way by using advance mitigation planning. line 25 (d) Working with state and federal resource protection agencies, line 26 the department can generate and pool a range of mitigation credits line 27 for use for transportation improvements, taking advantage of line 28 greater economies of scale and allowing public funds to stretch line 29 further. By making those mitigation credits available in advance line 30 of environmental impacts and project permitting, transportation line 31 agencies can avoid permitting delays that result from line 32 project-by-project identification and development of mitigation line 33 measures. line 34 (e) Advance mitigation can provide an effective means of line 35 facilitating delivery of transportation improvements while ensuring line 36 more effective natural resource conservation. line 37 (f) Advance mitigation is needed to direct mitigation funding line 38 for transportation improvements to agreed-upon conservation line 39 priorities and to the creation of habitat reserves and recreation line 40 areas that enhance the sustainability of human and natural systems 99 SB 1— 25 — line 1 by protecting or restoring connectivity of natural communities and line 2 the delivery of ecosystem services. line 3 (g) Advance mitigation can facilitate the implementation of line 4 climate change adaptation strategies both for ecosystems and line 5 California’s economy. line 6 (h) Advance mitigation can enable the state to protect, restore, line 7 and recover its natural resources as it strengthens and improves line 8 its transportation systems. line 9 21203. The Legislature intends to do all of the following by line 10 enacting this division: line 11 (a) Facilitate delivery of transportation improvements while line 12 ensuring more effective natural resource conservation. line 13 (b) Develop effective strategies to improve the state’s ability to line 14 meet mounting demands for transportation improvements and to line 15 maximize conservation and other public benefits. line 16 (c) Achieve conservation objectives of statewide and regional line 17 importance by coordinating local, state, and federally funded line 18 natural resource conservation efforts with mitigation actions line 19 required for impacts from transportation improvements. line 20 (d) Create administrative, governance, and financial incentives line 21 and mechanisms necessary to ensure that measures required to line 22 minimize or mitigate impacts from transportation improvements line 23 will serve to achieve regional or statewide natural resource line 24 conservation objectives. line 25 line 26 Chapter 2. Definitions line 27 line 28 21204. For purposes of this division, the following terms have line 29 the following meanings: line 30 (a) “Acquire” and “acquisition” mean, with respect to land or line 31 a waterway, acquisition of fee title or purchase of a conservation line 32 easement, that protects conservation and mitigation values on the line 33 land or waterway in perpetuity. line 34 (b) “Advance mitigation” means mitigation implemented before, line 35 and in anticipation of, environmental effects of planned line 36 transportation improvements. line 37 (c) “Commission” means the California Transportation line 38 Commission. 99 — 26 —SB 1 line 1 (d) “Conservation easement” means a perpetual conservation line 2 easement that complies with Chapter 4 (commencing with Section line 3 815) of Title 2 of Part 2 of Division 2 of the Civil Code. line 4 (e) “Department” means the Department of Transportation. line 5 (f) “Mitigation credit agreement” means a mitigation credit line 6 agreement pursuant to Chapter 9 (commencing with Section 1850) line 7 of Division 2 of the Fish and Game Code. line 8 (g) “Transportation agency” means the department, the line 9 High-Speed Rail Authority, a metropolitan planning organization, line 10 a regional transportation planning agency, or another public agency line 11 that implements transportation improvements. line 12 (h) “Transportation improvement” means a transportation capital line 13 improvement project. line 14 (i) “Planned transportation improvement” means a transportation line 15 project that a transportation agency has identified in a regional line 16 transportation plan, an interregional transportation plan, a capital line 17 improvement program, or other approved transportation planning line 18 document. A planned transportation improvement may include, line 19 but is not limited to, a transportation project that has been proposed line 20 for approval or that has been approved. line 21 (j) “Program” means the Advance Mitigation Program line 22 implemented pursuant to this division. line 23 (k) “Regional conservation investment strategy” means a line 24 regional conservation investment strategy pursuant to Chapter 9 line 25 (commencing with Section 1850) of Division 2 of the Fish and line 26 Game Code. line 27 (l) “Regulatory agency” means a state or federal natural resource line 28 protection agency with regulatory authority over planned line 29 transportation improvements. A regulatory agency includes, but line 30 is not limited to, the Natural Resources Agency, the Department line 31 of Fish and Wildlife, California regional water quality control line 32 boards, the United States Fish and Wildlife Service, the National line 33 Marine Fisheries Service, the United States Environmental line 34 Protection Agency, and the United States Army Corps of line 35 Engineers. line 36 line 37 Chapter 3. Advance Mitigation Program line 38 line 39 21205. (a) The Advance Mitigation Program is hereby created line 40 in the department to accelerate project delivery and improve 99 SB 1— 27 — line 1 environmental outcomes of environmental mitigation for planned line 2 transportation improvements. The department may do any of the line 3 following to administer and implement the program: line 4 (1) Purchase credits at mitigation banks and conservation banks line 5 approved by one or more regulatory agencies. The department line 6 may also establish mitigation banks or conservation banks, or fund line 7 the establishment of mitigation banks or conservation banks, in line 8 accordance with applicable state and federal standards if the line 9 department determines that those banks would provide biologically line 10 appropriate mitigation for planned transportation improvements line 11 identified pursuant to Section 21207. line 12 (2) Pay mitigation fees under natural community conservation line 13 plans approved pursuant to Chapter 10 (commencing with Section line 14 2800) of Division 3 of the Fish and Game Code, or habitat line 15 conservation plans approved in accordance with the federal line 16 Endangered Species Act. line 17 (3) Prepare, or fund the preparation of, regional conservation line 18 investment strategies. Where a regional conservation framework line 19 has been approved by the Department of Fish and Wildlife, the line 20 department may do the following: line 21 (A) Enter into a mitigation credit agreement with the Department line 22 of Fish and Wildlife, and acquire, restore, manage, monitor, protect, line 23 and preserve lands , waterways, aquatic resources or fisheries, or line 24 fund the acquisition, restoration, management, monitoring, line 25 protection, and preservation of lands, waterways, aquatic resources, line 26 or fisheries, as needed to generate mitigation credits pursuant to line 27 those mitigation credit agreements. line 28 (B) Acquire, restore, manage, monitor, and preserve lands, line 29 waterways, aquatic resources, or fisheries, or fund the acquisition, line 30 restoration, management, monitoring, and preservation of lands, line 31 waterways, aquatic resources, or fisheries that would measurably line 32 advance a conservation objective in the regional conservation line 33 investment strategy if the department concludes that the action or line 34 actions could conserve or create environmental values that are line 35 appropriate to mitigate the anticipated potential impacts of planned line 36 transportation improvements. line 37 (4) Prepare, or fund the preparation of, regional advance line 38 mitigation plans within the area of any regional conservation line 39 investment strategy that has been approved by the Department of line 40 Fish and Wildlife. The purpose of a regional advance mitigation 99 — 28 —SB 1 line 1 plan shall be to identify potential mitigation needs for planned line 2 transportation improvements, to facilitate the acquisition or line 3 generation of mitigation credits and values that could be used to line 4 fulfill those needs and thereby to avoid delays in the environmental line 5 permitting of those transportation improvements. A regional line 6 advance mitigation plan shall do all of the following: line 7 (A) Use the information and analysis in the regional line 8 conservation investment strategy to estimate the nature and extent line 9 of potential mitigation requirements of planned transportation line 10 improvements on a regional or statewide basis. line 11 (B) Consider the full range of potential impacts on natural line 12 resources of planned transportation improvements. line 13 (C) Identify available mitigation credits at mitigation banks or line 14 conservation banks approved by one or more regulatory agencies line 15 that could be used to mitigate the impacts of planned transportation line 16 improvements. line 17 (D) Assess whether, and to what extent, mitigation requirements line 18 for planned transportation improvements could be fulfilled by the line 19 payment of mitigation fees under approved natural community line 20 conservation plans and habitat conservation plans. line 21 (E) Assess whether, and to what extent, mitigation requirements line 22 for planned transportation improvements could be fulfilled by line 23 mitigation credits created under a mitigation credit agreement. line 24 (F) Assess whether conservation actions or habitat enhancements line 25 that would measurably advance an unmet conservation objective line 26 in the regional conservation investment strategy could conserve line 27 or create environmental values that are appropriate to mitigate the line 28 anticipated potential impacts of planned transportation line 29 improvements and could fulfill mitigation requirements resulting line 30 from those impacts. line 31 (G) Analyze the cost-effectiveness of available mitigation line 32 alternatives both in terms of environmental benefits and improved line 33 project delivery and certainty. line 34 (b) The department shall track all advance mitigation actions line 35 implemented and all mitigation credits generated under the program line 36 for environmental mitigation for transportation improvements. line 37 (c) The department may use mitigation credits to fulfill line 38 mitigation requirements of a transportation improvement eligible line 39 for the State Transportation Improvement Program or the State line 40 Highway Operation and Protection Program. 99 SB 1— 29 — line 1 (d) The department may use, or allow local or state line 2 transportation agencies to use, mitigation credits or values line 3 generated or obtained under the program to fulfill the mitigation line 4 requirements of planned transportation improvements if the line 5 applicable transportation agency reimburses the program for all line 6 costs of purchasing or creating the mitigation credits or values, as line 7 determined by the department. Those costs shall be calculated line 8 using total cost accounting and shall include, as applicable, land line 9 acquisition or conservation easement costs, monitoring and line 10 enforcement costs, restoration costs, transaction costs, line 11 administrative costs, contingency costs, and land management, line 12 monitoring, and protection costs. line 13 21206. No later than February 1, 2017, the department shall line 14 establish an interagency transportation advance mitigation steering line 15 committee consisting of the department and appropriate state and line 16 federal regulatory agencies to support the program so that advance line 17 mitigation can be used as required mitigation for planned line 18 transportation improvements and can provide improved line 19 environmental outcomes. The committee shall advise the line 20 department of opportunities to carry out advance mitigation line 21 improvements, provide the best available science, and actively line 22 participate in mitigation instrument reviews and approvals. The line 23 committee shall seek to develop streamlining opportunities, line 24 including those related to landscape scale mitigation planning and line 25 alignment of federal and state regulations and procedures related line 26 to mitigation requirements and implementation. The committee line 27 shall also provide input on crediting, using, and tracking of advance line 28 mitigation investments. line 29 21207. The Advance Mitigation Fund is hereby created in the line 30 State Transportation Fund as a revolving fund. Notwithstanding line 31 Section 13340 of the Government Code, the fund shall be line 32 continuously appropriated without regard to fiscal years. The line 33 moneys in the fund shall be programmed by the commission for line 34 the planning and implementation of advance mitigation line 35 improvements consistent with the purposes of this chapter. After line 36 the transfer of moneys to the fund for four fiscal years pursuant to line 37 subdivision (c) of Section 2032 of the Streets and Highways Code, line 38 commencing in the 2017–18 fiscal year, the program is intended line 39 to be self-sustaining. Advance expenditures from the fund shall line 40 later be reimbursed from project funding available at the time a 99 — 30 —SB 1 line 1 planned transportation improvement is constructed. A maximum line 2 of 5 percent of available funds may be used for administrative line 3 purposes. line 4 21208. The program is intended to improve the efficiency and line 5 efficacy of mitigation only and is not intended to supplant the line 6 requirements of the California Environmental Quality Act (Division line 7 13 (commencing with Section 21000)) or any other environmental line 8 law. The identification of planned transportation improvements line 9 and of mitigation improvements or measures for planned line 10 transportation improvements under this division does not imply line 11 or require approval of those improvements for purposes of the line 12 California Environmental Quality Act (Division 13 (commencing line 13 with Section 21000)) or any other environmental law. line 14 SEC. 15. Section 99312.1 of the Public Utilities Code is line 15 amended to read: line 16 99312.1. (a) Revenues transferred to the Public Transportation line 17 Account pursuant to Sections 6051.8 and 6201.8 of the Revenue line 18 and Taxation Code for the State Transit Assistance Program are line 19 hereby continuously appropriated to the Controller for allocation line 20 as follows: line 21 (a) line 22 (1) Fifty percent for allocation to transportation planning line 23 agencies, county transportation commissions, and the San Diego line 24 Metropolitan Transit Development Board pursuant to Section line 25 99314. line 26 (b) line 27 (2) Fifty percent for allocation to transportation agencies, county line 28 transportation commissions, and the San Diego Metropolitan line 29 Transit Development Board for purposes of Section 99313. line 30 For line 31 (b) For purposes of this chapter, the revenues allocated pursuant line 32 to this section shall be subject to the same requirements as revenues line 33 allocated pursuant to subdivisions (b) and (c), as applicable, of line 34 Section 99312. line 35 (c) The revenues transferred to the Public Transportation line 36 Account for the State Transit Assistance Program that are line 37 attributable to the increase in the sales and use tax on diesel fuel line 38 pursuant to subdivision (b) of Section 6051.8 of the Revenue and line 39 Taxation Code, as adjusted pursuant to subdivision (c) of that line 40 section, and subdivision (b) of Section 6201.8 of the Revenue and 99 SB 1— 31 — line 1 Taxation Code, as adjusted pursuant to subdivision (c) of that line 2 section, upon allocation pursuant to Sections 99313 and 99314, line 3 shall only be expended on the following: line 4 (1) Transit capital projects or services to maintain or repair a line 5 transit operator’s existing transit vehicle fleet or existing transit line 6 facilities, including rehabilitation or modernization of existing line 7 vehicles or facilities. line 8 (2) The design, acquisition, and construction of new vehicles line 9 or facilities that improve existing transit services. line 10 (3) Transit services that complement local efforts for repair and line 11 improvement of local transportation infrastructure. line 12 (d) (1) Prior to receiving an apportionment of funds pursuant line 13 to subdivision (c) from the Controller in a fiscal year, a recipient line 14 transit agency shall submit to the Department of Transportation line 15 a list of projects proposed to be funded with these funds. The list line 16 of projects proposed to be funded with these funds shall include line 17 a description and location of each proposed project, a proposed line 18 schedule for the project’s completion, and the estimated useful life line 19 of the improvement. The project list shall not limit the flexibility line 20 of a recipient transit agency to fund projects in accordance with line 21 local needs and priorities so long as the projects are consistent line 22 with subdivision (c). line 23 (2) The department shall report to the Controller the recipient line 24 transit agencies that have submitted a list of projects as described line 25 in this subdivision and that are therefore eligible to receive an line 26 apportionment of funds for the applicable fiscal year. The line 27 Controller, upon receipt of the report, shall apportion funds line 28 pursuant to Sections 99313 and 99314. line 29 (e) For each fiscal year, each recipient transit agency receiving line 30 an apportionment of funds pursuant to subdivision (c) shall, upon line 31 expending those funds, submit documentation to the department line 32 that includes a description and location of each completed project, line 33 the amount of funds expended on the project, the completion date, line 34 and the estimated useful life of the improvement. line 35 (f) The audit of transit operator finances required pursuant to line 36 Section 99245 shall verify that the revenues identified in line 37 subdivision (c) have been expended in conformance with these line 38 specific requirements and all other generally applicable line 39 requirements. 99 — 32 —SB 1 line 1 SEC. 16. Section 6051.8 of the Revenue and Taxation Code line 2 is amended to read: line 3 6051.8. (a) Except as provided by Section 6357.3, in addition line 4 to the taxes imposed by this part, for the privilege of selling line 5 tangible personal property at retail a tax is hereby imposed upon line 6 all retailers at the rate of 1.75 percent of the gross receipts of any line 7 retailer from the sale of all diesel fuel, as defined in Section 60022, line 8 sold at retail in this state on and after the operative date of this line 9 subdivision. fuel. line 10 (b) Notwithstanding subdivision (a), for the 2011–12 fiscal year line 11 only, the rate referenced in subdivision (a) shall be 1.87 percent. line 12 (c) Notwithstanding subdivision (a), for the 2012–13 fiscal year line 13 only, the rate referenced in subdivision (a) shall be 2.17 percent. line 14 (d) Notwithstanding subdivision (a), for the 2013–14 fiscal year line 15 only, the rate referenced in subdivision (a) shall be 1.94 percent. line 16 (b) Except as provided by Section 6357.3, in addition to the line 17 taxes imposed by this part and by subdivision (a), for the privilege line 18 of selling tangible personal property at retail a tax is hereby line 19 imposed upon all retailers at the rate of 4 percent of the gross line 20 receipts of any retailer from the sale of all diesel fuel, as defined line 21 in Section 60022, sold at retail in this state. line 22 (c) Beginning July 1, 2020, and every third year thereafter, the line 23 State Board of Equalization shall recompute the rates of the taxes line 24 imposed by this section. That computation shall be made as line 25 follows: line 26 (1) The Department of Finance shall transmit to the State Board line 27 of Equalization the percentage change in the California Consumer line 28 Price Index for all items from November of three calendar years line 29 prior to November of the prior calendar year, no later than January line 30 31, 2020, and January 31 of every third year thereafter. line 31 (2) The State Board of Equalization shall do all of the following: line 32 (A) Compute an inflation adjustment factor by adding 100 line 33 percent to the percentage change figure that is furnished pursuant line 34 to paragraph (1) and dividing the result by 100. line 35 (B) Multiply the preceding tax rate per gallon by the inflation line 36 adjustment factor determined in subparagraph (A) and round off line 37 the resulting product to the nearest tenth of a cent. line 38 (C) Make its determination of the new rate no later than March line 39 1 of the same year as the effective date of the new rate. line 40 (e) 99 SB 1— 33 — line 1 (d) (1) Notwithstanding subdivision (b) of Section 7102, except line 2 as otherwise provided in paragraph (2), all of the revenues, less line 3 refunds, collected pursuant to this section shall be estimated by line 4 the State Board of Equalization, with the concurrence of the line 5 Department of Finance, and transferred quarterly to the Public line 6 Transportation Account in the State Transportation Fund for line 7 allocation under the State Transit Assistance Program pursuant line 8 to Section 99312.1 of the Public Utilities Code. line 9 (2) The revenues, less refunds, attributable to a rate of 0.5 line 10 percent of the 4-percent increase in the rate pursuant to subdivision line 11 (b), amounting to one-eighth of revenues from the increase in the line 12 rate under that subdivision, shall be estimated by the State Board line 13 of Equalization, with the concurrence of the Department of line 14 Finance, and transferred quarterly to the Public Transportation line 15 Account in the State Transportation Fund for allocation to the line 16 Department of Transportation, upon appropriation by the line 17 Legislature, to intercity rail and commuter rail purposes pursuant line 18 to Section 99315 of the Public Utilities Code. line 19 (f) Subdivisions (a) to (e), inclusive, shall become operative on line 20 July 1, 2011. line 21 SEC. 17. Section 6201.8 of the Revenue and Taxation Code line 22 is amended to read: line 23 6201.8. (a) Except as provided by Section 6357.3, in addition line 24 to the taxes imposed by this part, an excise tax is hereby imposed line 25 on the storage, use, or other consumption in this state of diesel line 26 fuel, as defined in Section 60022, at the rate of 1.75 percent of the line 27 sales price of the diesel fuel on and after the operative date of this line 28 subdivision. fuel. line 29 (b) Notwithstanding subdivision (a), for the 2011–12 fiscal year line 30 only, the rate referenced in subdivision (a) shall be 1.87 percent. line 31 (c) Notwithstanding subdivision (a), for the 2012–13 fiscal year line 32 only, the rate referenced in subdivision (a) shall be 2.17 percent. line 33 (d) Notwithstanding subdivision (a), for the 2013–14 fiscal year line 34 only, the rate referenced in subdivision (a) shall be 1.94 percent. line 35 (b) Except as provided by Section 6357.3, in addition to the line 36 taxes imposed by this part and by subdivision (a), an excise tax is line 37 hereby imposed on the storage, use, or other consumption in this line 38 state of diesel fuel, as defined in Section 60022, at the rate of 4 line 39 percent of the sales price of the diesel fuel. 99 — 34 —SB 1 line 1 (c) Beginning July 1, 2020, and every third year thereafter, the line 2 State Board of Equalization shall recompute the rates of the taxes line 3 imposed by this section. That computation shall be made as line 4 follows: line 5 (1) The Department of Finance shall transmit to the State Board line 6 of Equalization the percentage change in the California Consumer line 7 Price Index for all items from November of three calendar years line 8 prior to November of the prior calendar year, no later than January line 9 31, 2020, and January 31 of every third year thereafter. line 10 (2) The State Board of Equalization shall do all of the following: line 11 (A) Compute an inflation adjustment factor by adding 100 line 12 percent to the percentage change figure that is furnished pursuant line 13 to paragraph (1) and dividing the result by 100. line 14 (B) Multiply the preceding tax rate per gallon by the inflation line 15 adjustment factor determined in subparagraph (A) and round off line 16 the resulting product to the nearest tenth of a cent. line 17 (C) Make its determination of the new rate no later than March line 18 1 of the same year as the effective date of the new rate. line 19 (e) line 20 (d) (1) Notwithstanding subdivision (b) of Section 7102, except line 21 as otherwise provided in paragraph (2), all of the revenues, less line 22 refunds, collected pursuant to this section shall be estimated by line 23 the State Board of Equalization, with the concurrence of the line 24 Department of Finance, and transferred quarterly to the Public line 25 Transportation Account in the State Transportation Fund for line 26 allocation pursuant to Section 99312.1 of the Public Utilities Code. line 27 (2) The revenues, less refunds, attributable to a rate of 0.5 line 28 percent of the 4-percent increase in the rate pursuant to subdivision line 29 (b), amounting to one-eighth of revenues from the increase in the line 30 rate under that subdivision, shall be estimated by the State Board line 31 of Equalization, with the concurrence of the Department of line 32 Finance, and transferred quarterly to the Public Transportation line 33 Account in the State Transportation Fund for allocation to the line 34 Department of Transportation, upon appropriation by the line 35 Legislature, to intercity rail and commuter rail purposes pursuant line 36 to Section 99315 of the Public Utilities Code. line 37 (f) Subdivisions (a) to (e), inclusive, shall become operative on line 38 July 1, 2011. line 39 SEC. 18. Section 7360 of the Revenue and Taxation Code is line 40 amended to read: 99 SB 1— 35 — line 1 7360. (a) (1) (A) A tax of eighteen cents ($0.18) is hereby line 2 imposed upon each gallon of fuel subject to the tax in Sections line 3 7362, 7363, and 7364. line 4 (B) In addition to the tax imposed pursuant to subparagraph line 5 (A), a tax of six cents ($0.06) is hereby imposed upon each gallon line 6 of fuel, other than aviation gasoline, subject to the tax in Sections line 7 7362, 7363, and 7364. Effective one year after the date that the line 8 six-cent ($0.06) tax is imposed, an additional tax of three cents line 9 ($0.03) is hereby imposed, and effective two years after the date line 10 that the six-cent ($0.06) tax is imposed, an additional tax of three line 11 cents ($0.03) is hereby imposed, on each gallon of fuel, other than line 12 aviation gasoline, subject to the tax in Sections 7362, 7363, and line 13 7364. line 14 (2) If the federal fuel tax is reduced below the rate of nine cents line 15 ($0.09) per gallon and federal financial allocations to this state for line 16 highway and exclusive public mass transit guideway purposes are line 17 reduced or eliminated correspondingly, the tax rate imposed by line 18 subparagraph (A) of paragraph (1), on and after the date of the line 19 reduction, shall be recalculated by an amount so that the combined line 20 state rate under subparagraph (A) of paragraph (1) and the federal line 21 tax rate per gallon equal twenty-seven cents ($0.27). line 22 (3) If any person or entity is exempt or partially exempt from line 23 the federal fuel tax at the time of a reduction, the person or entity line 24 shall continue to be so exempt under this section. line 25 (b) (1) On and after July 1, 2010, in addition to the tax imposed line 26 by subdivision (a), a tax is hereby imposed upon each gallon of line 27 motor vehicle fuel, other than aviation gasoline, subject to the tax line 28 in Sections 7362, 7363, and 7364 in an amount equal to seventeen line 29 and three-tenths cents ($0.173) per gallon. line 30 (2) For the 2011–12 fiscal year and each fiscal year thereafter, line 31 the board shall, on or before March 1 of the fiscal year immediately line 32 preceding the applicable fiscal year, adjust the rate in paragraph line 33 (1) in that manner as to generate an amount of revenue that will line 34 equal the amount of revenue loss attributable to the exemption line 35 provided by Section 6357.7, based on estimates made by the board, line 36 and that rate shall be effective during the state’s next fiscal year. line 37 (3) In order to maintain revenue neutrality for each year, line 38 beginning with the rate adjustment on or before March 1, 2012, line 39 the adjustment under paragraph (2) shall also take into account the line 40 extent to which the actual amount of revenues derived pursuant to 99 — 36 —SB 1 line 1 this subdivision and, as applicable, Section 7361.1, the revenue line 2 loss attributable to the exemption provided by Section 6357.7 line 3 resulted in a net revenue gain or loss for the fiscal year ending line 4 prior to the rate adjustment date on or before March 1. line 5 (4) The intent of paragraphs (2) and (3) is to ensure that the act line 6 adding this subdivision and Section 6357.7 does not produce a net line 7 revenue gain in state taxes. line 8 (c) Beginning July 1, 2020, and every third year thereafter, the line 9 State Board of Equalization shall recompute the rates of the taxes line 10 imposed by this section. That computation shall be made as line 11 follows: line 12 (1) The Department of Finance shall transmit to the State Board line 13 of Equalization the percentage change in the California Consumer line 14 Price Index for all items from November of three calendar years line 15 prior to November of the prior calendar year, no later than January line 16 31, 2020, and January 31 of every third year thereafter. line 17 (2) The State Board of Equalization shall do all of the following: line 18 (A) Compute an inflation adjustment factor by adding 100 line 19 percent to the percentage change figure that is furnished pursuant line 20 to paragraph (1) and dividing the result by 100. line 21 (B) Multiply the preceding tax rate per gallon by the inflation line 22 adjustment factor determined in subparagraph (A) and round off line 23 the resulting product to the nearest tenth of a cent. line 24 (C) Make its determination of the new rate no later than March line 25 1 of the same year as the effective date of the new rate. line 26 SEC. 19. Section 8352.4 of the Revenue and Taxation Code line 27 is amended to read: line 28 8352.4. (a) Subject to Sections 8352 and 8352.1, and except line 29 as otherwise provided in subdivision (b), there shall be transferred line 30 from the money deposited to the credit of the Motor Vehicle Fuel line 31 Account to the Harbors and Watercraft Revolving Fund, for line 32 expenditure in accordance with Division 1 (commencing with line 33 Section 30) of the Harbors and Navigation Code, the sum of six line 34 million six hundred thousand dollars ($6,600,000) per annum, line 35 representing the amount of money in the Motor Vehicle Fuel line 36 Account attributable to taxes imposed on distributions of motor line 37 vehicle fuel used or usable in propelling vessels. The actual amount line 38 shall be calculated using the annual reports of registered boats line 39 prepared by the Department of Motor Vehicles for the United line 40 States Coast Guard and the formula and method of the December 99 SB 1— 37 — line 1 1972 report prepared for this purpose and submitted to the line 2 Legislature on December 26, 1972, by the Director of line 3 Transportation. If the amount transferred during each fiscal year line 4 is in excess of the calculated amount, the excess shall be line 5 retransferred from the Harbors and Watercraft Revolving Fund to line 6 the Motor Vehicle Fuel Account. If the amount transferred is less line 7 than the amount calculated, the difference shall be transferred from line 8 the Motor Vehicle Fuel Account to the Harbors and Watercraft line 9 Revolving Fund. No adjustment shall be made if the computed line 10 difference is less than fifty thousand dollars ($50,000), and the line 11 amount shall be adjusted to reflect any temporary or permanent line 12 increase or decrease that may be made in the rate under the Motor line 13 Vehicle Fuel Tax Law. Payments pursuant to this section shall be line 14 made prior to payments pursuant to Section 8352.2. line 15 (b) (1) Commencing July 1, 2016, 2017, the revenues line 16 attributable to the taxes imposed pursuant to subdivision (b) of line 17 Section 7360 and Section 7361.1 and otherwise to be deposited in line 18 the Harbors and Watercraft Revolving Fund pursuant to subdivision line 19 (a) shall instead be transferred to the General Fund. The revenues line 20 attributable to the taxes imposed Highway Users Tax Account for line 21 distribution pursuant to subdivision (b) of Section 7360 and Section line 22 7361.1 that were deposited in Section 2103.1 of the Harbors Streets line 23 and Watercraft Revolving Fund in the 2010–11 and 2011–12 fiscal line 24 years shall be transferred to the General Fund. Highways Code. line 25 (2) Commencing July 1, 2017, the revenues attributable to the line 26 taxes imposed pursuant to subparagraph (B) of paragraph (1) of line 27 subdivision (a) of Section 7360 and otherwise to be deposited in line 28 the Harbors and Watercraft Revolving Fund pursuant to line 29 subdivision (a) shall instead be transferred to the Road line 30 Maintenance and Rehabilitation Account pursuant to Section 2031 line 31 of the Streets and Highways Code. line 32 SEC. 20. Section 8352.5 of the Revenue and Taxation Code line 33 is amended to read: line 34 8352.5. (a) (1) Subject to Sections 8352 and 8352.1, and line 35 except as otherwise provided in subdivision (b), there shall be line 36 transferred from the money deposited to the credit of the Motor line 37 Vehicle Fuel Account to the Department of Food and Agriculture line 38 Fund, during the second quarter of each fiscal year, an amount line 39 equal to the estimate contained in the most recent report prepared line 40 pursuant to this section. 99 — 38 —SB 1 line 1 (2) The amounts are not subject to Section 6357 with respect line 2 to the collection of sales and use taxes thereon, and represent the line 3 portion of receipts in the Motor Vehicle Fuel Account during a line 4 calendar year that were attributable to agricultural off-highway line 5 use of motor vehicle fuel which is subject to refund pursuant to line 6 Section 8101, less gross refunds allowed by the Controller during line 7 the fiscal year ending June 30th 30 following the calendar year to line 8 persons entitled to refunds for agricultural off-highway use line 9 pursuant to Section 8101. Payments pursuant to this section shall line 10 be made prior to payments pursuant to Section 8352.2. line 11 (b) (1) Commencing July 1, 2016, 2017, the revenues line 12 attributable to the taxes imposed pursuant to subdivision (b) of line 13 Section 7360 and Section 7361.1 and otherwise to be deposited in line 14 the Department of Food and Agriculture Fund pursuant to line 15 subdivision (a) shall instead be transferred to the General Fund. line 16 The revenues attributable to the taxes imposed Highway Users line 17 Tax Account for distribution pursuant to subdivision (b) of Section line 18 7360 and Section 7361.1 that were deposited in the Department line 19 Section 2103.1 of Food and Agriculture Fund in the 2010–11 line 20 Streets and 2011–12 fiscal years shall be transferred to the General line 21 Fund. Highways Code. line 22 (2) Commencing July 1, 2017, the revenues attributable to the line 23 taxes imposed pursuant to subparagraph (B) of paragraph (1) of line 24 subdivision (a) of Section 7360 and otherwise to be deposited in line 25 the Department of Food and Agriculture Fund pursuant to line 26 subdivision (a) shall instead be transferred to the Road line 27 Maintenance and Rehabilitation Account pursuant to Section 2031 line 28 of the Streets and Highways Code. line 29 (c) On or before September 30, 2012, and on or before line 30 September 30 of each even-numbered year thereafter, the Director line 31 of Transportation and the Director of Food and Agriculture shall line 32 jointly prepare, or cause to be prepared, a report setting forth the line 33 current estimate of the amount of money in the Motor Vehicle line 34 Fuel Account attributable to agricultural off-highway use of motor line 35 vehicle fuel, which is subject to refund pursuant to Section 8101 line 36 less gross refunds allowed by the Controller to persons entitled to line 37 refunds for agricultural off-highway use pursuant to Section 8101; line 38 and they shall submit a copy of the report to the Legislature. line 39 SEC. 21. Section 8352.6 of the Revenue and Taxation Code line 40 is amended to read: 99 SB 1— 39 — line 1 8352.6. (a) (1) Subject to Section 8352.1, and except as line 2 otherwise provided in paragraphs (2) and (3), on the first day of line 3 every month, there shall be transferred from moneys deposited to line 4 the credit of the Motor Vehicle Fuel Account to the Off-Highway line 5 Vehicle Trust Fund created by Section 38225 of the Vehicle Code line 6 an amount attributable to taxes imposed upon distributions of motor line 7 vehicle fuel used in the operation of motor vehicles off highway line 8 and for which a refund has not been claimed. Transfers made line 9 pursuant to this section shall be made prior to transfers pursuant line 10 to Section 8352.2. line 11 (2) (A) Commencing July 1, 2016, 2017, the revenues line 12 attributable to the taxes imposed pursuant to subdivision (b) of line 13 Section 7360 and Section 7361.1 and otherwise to be deposited in line 14 the Off-Highway Vehicle Trust Fund pursuant to paragraph (1) line 15 shall instead be transferred to the General Fund. The revenues line 16 attributable to the taxes imposed Highway Users Tax Account for line 17 distribution pursuant to subdivision (b) of Section 7360 and Section line 18 7361.1 that were deposited in Section 2103.1 of the Off-Highway line 19 Vehicle Trust Fund in the 2010–11 Streets and 2011–12 fiscal line 20 years shall be transferred to the General Fund. Highways Code. line 21 (B) Commencing July 1, 2017, the revenues attributable to the line 22 taxes imposed pursuant to subparagraph (B) of paragraph (1) of line 23 subdivision (a) of Section 7360 and otherwise to be deposited in line 24 the Off-Highway Vehicle Trust Fund pursuant to subdivision (a) line 25 shall instead be transferred to the Road Maintenance and line 26 Rehabilitation Account pursuant to Section 2031 of the Streets line 27 and Highways Code. line 28 (3) The Controller shall withhold eight hundred thirty-three line 29 thousand dollars ($833,000) from the monthly transfer to the line 30 Off-Highway Vehicle Trust Fund pursuant to paragraph (1), and line 31 transfer that amount to the General Fund. line 32 (b) The amount transferred to the Off-Highway Vehicle Trust line 33 Fund pursuant to paragraph (1) of subdivision (a), as a percentage line 34 of the Motor Vehicle Fuel Account, shall be equal to the percentage line 35 transferred in the 2006–07 fiscal year. Every five years, starting line 36 in the 2013–14 fiscal year, the percentage transferred may be line 37 adjusted by the Department of Transportation in cooperation with line 38 the Department of Parks and Recreation and the Department of line 39 Motor Vehicles. Adjustments shall be based on, but not limited 99 — 40 —SB 1 line 1 to, the changes in the following factors since the 2006–07 fiscal line 2 year or the last adjustment, whichever is more recent: line 3 (1) The number of vehicles registered as off-highway motor line 4 vehicles as required by Division 16.5 (commencing with Section line 5 38000) of the Vehicle Code. line 6 (2) The number of registered street-legal vehicles that are line 7 anticipated to be used off highway, including four-wheel drive line 8 vehicles, all-wheel drive vehicles, and dual-sport motorcycles. line 9 (3) Attendance at the state vehicular recreation areas. line 10 (4) Off-highway recreation use on federal lands as indicated by line 11 the United States Forest Service’s National Visitor Use Monitoring line 12 and the United States Bureau of Land Management’s Recreation line 13 Management Information System. line 14 (c) It is the intent of the Legislature that transfers from the Motor line 15 Vehicle Fuel Account to the Off-Highway Vehicle Trust Fund line 16 should reflect the full range of motorized vehicle use off highway line 17 for both motorized recreation and motorized off-road access to line 18 other recreation opportunities. Therefore, the Legislature finds that line 19 the fuel tax baseline established in subdivision (b), attributable to line 20 off-highway estimates of use as of the 2006–07 fiscal year, line 21 accounts for the three categories of vehicles that have been found line 22 over the years to be users of fuel for off-highway motorized line 23 recreation or motorized access to nonmotorized recreational line 24 pursuits. These three categories are registered off-highway line 25 motorized vehicles, registered street-legal motorized vehicles used line 26 off highway, and unregistered off-highway motorized vehicles. line 27 (d) It is the intent of the Legislature that the off-highway motor line 28 vehicle recreational use to be determined by the Department of line 29 Transportation pursuant to paragraph (2) of subdivision (b) be that line 30 usage by vehicles subject to registration under Division 3 line 31 (commencing with Section 4000) of the Vehicle Code, for line 32 recreation or the pursuit of recreation on surfaces where the use line 33 of vehicles registered under Division 16.5 (commencing with line 34 Section 38000) of the Vehicle Code may occur. line 35 (e) In the 2014–15 fiscal year, the Department of Transportation, line 36 in consultation with the Department of Parks and Recreation and line 37 the Department of Motor Vehicles, shall undertake a study to line 38 determine the appropriate adjustment to the amount transferred line 39 pursuant to subdivision (b) and to update the estimate of the amount line 40 attributable to taxes imposed upon distributions of motor vehicle 99 SB 1— 41 — line 1 fuel used in the operation of motor vehicles off highway and for line 2 which a refund has not been claimed. The department shall provide line 3 a copy of this study to the Legislature no later than January 1, line 4 2016. line 5 SEC. 22. Section 60050 of the Revenue and Taxation Code is line 6 amended to read: line 7 60050. (a) (1) A tax of eighteen thirteen cents ($0.18) ($0.13) line 8 is hereby imposed upon each gallon of diesel fuel subject to the line 9 tax in Sections 60051, 60052, and 60058. line 10 (2) If the federal fuel tax is reduced below the rate of fifteen line 11 cents ($0.15) per gallon and federal financial allocations to this line 12 state for highway and exclusive public mass transit guideway line 13 purposes are reduced or eliminated correspondingly, the tax rate line 14 imposed by paragraph (1), including any reduction or adjustment line 15 pursuant to subdivision (b), on and after the date of the reduction, line 16 (1) shall be increased by an amount so that the combined state rate line 17 under paragraph (1) and the federal tax rate per gallon equal what line 18 it would have been in the absence of the federal reduction. line 19 (3) If any person or entity is exempt or partially exempt from line 20 the federal fuel tax at the time of a reduction, the person or entity line 21 shall continue to be exempt under this section. line 22 (b) (1) On July 1, 2011, the tax rate specified in paragraph (1) line 23 of subdivision (a) shall be reduced to thirteen cents ($0.13) and line 24 every July 1 thereafter shall be adjusted pursuant to paragraphs line 25 (2) and (3). line 26 (2) For the 2012–13 fiscal year and each fiscal year thereafter, line 27 the board shall, on or before March 1 of the fiscal year immediately line 28 preceding the applicable fiscal year, adjust the rate reduction in line 29 paragraph (1) in that manner as to result in a revenue loss line 30 attributable to paragraph (1) that will equal the amount of revenue line 31 gain attributable to Sections 6051.8 and 6201.8, based on estimates line 32 made by the board, and that rate shall be effective during the state’s line 33 next fiscal year. line 34 (3) In order to maintain revenue neutrality for each year, line 35 beginning with the rate adjustment on or before March 1, 2013, line 36 the adjustment under paragraph (2) shall take into account the line 37 extent to which the actual amount of revenues derived pursuant to line 38 Sections 6051.8 and 6201.8 and the revenue loss attributable to line 39 this subdivision resulted in a net revenue gain or loss for the fiscal 99 — 42 —SB 1 line 1 year ending prior to the rate adjustment date on or before March line 2 1. line 3 (4) The intent of paragraphs (2) and (3) is to ensure that the act line 4 adding this subdivision and Sections 6051.8 and 6201.8 does not line 5 produce a net revenue gain in state taxes. line 6 (b) In addition to the tax imposed pursuant to subdivision (a), line 7 an additional tax of twenty cents ($0.20) is hereby imposed upon line 8 each gallon of diesel fuel subject to the tax in Sections 60051, line 9 60052, and 60058. line 10 (c) Beginning July 1, 2020, and every third year thereafter, the line 11 State Board of Equalization shall recompute the rates of the taxes line 12 imposed by this section. That computation shall be made as line 13 follows: line 14 (1) The Department of Finance shall transmit to the State Board line 15 of Equalization the percentage change in the California Consumer line 16 Price Index for all items from November of three calendar years line 17 prior to November of the prior calendar year, no later than January line 18 31, 2020, and January 31 of every third year thereafter. line 19 (2) The State Board of Equalization shall do all of the following: line 20 (A) Compute an inflation adjustment factor by adding 100 line 21 percent to the percentage change figure that is furnished pursuant line 22 to paragraph (1) and dividing the result by 100. line 23 (B) Multiply the preceding tax rate per gallon by the inflation line 24 adjustment factor determined in subparagraph (A) and round off line 25 the resulting product to the nearest tenth of a cent. line 26 (C) Make its determination of the new rate no later than March line 27 1 of the same year as the effective date of the new rate. line 28 SEC. 23. Section 183.1 of the Streets and Highways Code is line 29 amended to read: line 30 183.1. (a) Notwithstanding subdivision (a) of Section 182 or line 31 any other provision of law, Except as otherwise provided in Section line 32 54237.7 of the Government Code, money deposited into the account line 33 that is not subject to Article XIX of the California Constitution, line 34 including, but not limited to, money that is derived from the sale line 35 of documents, charges for miscellaneous services to the public, line 36 condemnation deposits fund investments, rental of state property, line 37 or any other miscellaneous uses of property or money, may be line 38 used for any transportation purpose authorized by statute, upon line 39 appropriation by the Legislature or, after transfer to another fund, line 40 upon appropriation by the Legislature from that fund. shall be 99 SB 1— 43 — line 1 deposited in the Road Maintenance and Rehabilitation Account line 2 created pursuant to Section 2031. line 3 (b) Commencing with the 2013–14 fiscal year, and not later line 4 than November 1 of each fiscal year thereafter, based on prior year line 5 financial statements, the Controller shall transfer the funds line 6 identified in subdivision (a) for the prior fiscal year from the State line 7 Highway Account to the Transportation Debt Service Fund in the line 8 State Transportation Fund, and those funds are continuously line 9 appropriated for the purposes specified for the Transportation Debt line 10 Service Fund. line 11 SEC. 24. Section 820.1 is added to the Streets and Highways line 12 Code, to read: line 13 820.1. (a) The State of California consents to the jurisdiction line 14 of the federal courts with regard to the compliance, discharge, or line 15 enforcement of the responsibilities assumed by the department line 16 pursuant to Section 326 of, and subsection (a) of Section 327 of, line 17 Title 23 of the United States Code. line 18 (b) In any action brought pursuant to the federal laws described line 19 in subdivision (a), no immunity from suit may be asserted by the line 20 department pursuant to the Eleventh Amendment to the United line 21 States Constitution, and any immunity is hereby waived. line 22 (c) The department shall not delegate any of its responsibilities line 23 assumed pursuant to the federal laws described in subdivision (a) line 24 to any political subdivision of the state or its instrumentalities. line 25 (d) Nothing in this section affects the obligation of the line 26 department to comply with state and federal law. line 27 SEC. 25. Chapter 2 (commencing with Section 2030) is added line 28 to Division 3 of the Streets and Highways Code, to read: line 29 line 30 Chapter 2. Road Maintenance and Rehabilitation line 31 Program line 32 line 33 2030. (a) The Road Maintenance and Rehabilitation Program line 34 is hereby created to address deferred maintenance on the state line 35 highway system and the local street and road system. Funds made line 36 available by the program shall be prioritized for expenditure on line 37 basic road maintenance and road rehabilitation projects, and on line 38 critical safety projects. For funds appropriated pursuant to line 39 paragraph (1) of subdivision (d) of Section 2032, the California line 40 Transportation Commission shall adopt performance criteria, 99 — 44 —SB 1 line 1 consistent with the asset management plan required pursuant to line 2 14526.4 of the Government Code, to ensure efficient use of the line 3 funds available for these purposes in the program. line 4 (b) (1) Funds made available by the program shall be used for line 5 projects that include, but are not limited to, the following: line 6 (A) Road maintenance and rehabilitation. line 7 (B) Safety projects. line 8 (C) Railroad grade separations. line 9 (D) Complete street components, including active transportation line 10 purposes, pedestrian and bicycle safety projects, transit facilities, line 11 and drainage and stormwater capture projects in conjunction with line 12 any other allowable project. line 13 (E) Traffic control devices. line 14 (2) Funds made available by the program may also be used to line 15 satisfy a match requirement in order to obtain state or federal funds line 16 for projects authorized by this subdivision. line 17 2031. The following revenues shall be deposited in the Road line 18 Maintenance and Rehabilitation Account, which is hereby created line 19 in the State Transportation Fund: line 20 (a) Notwithstanding subdivision (b) of Section 2103, the portion line 21 of the revenues in the Highway Users Tax Account attributable to line 22 the increases in the motor vehicle fuel excise tax pursuant to line 23 subparagraph (B) of paragraph (1) of subdivision (a) of Section line 24 7360 of the Revenue and Taxation Code, as adjusted pursuant to line 25 subdivision (c) of that section. line 26 (b) The portion of revenues attributable to the increase in the line 27 motor vehicle fuel excise tax pursuant to subparagraph (B) of line 28 paragraph (1) of subdivision (a) of Section 7360 of the Revenue line 29 and Taxation Code, as adjusted pursuant to subdivision (c) of that line 30 section, and designated for the Road Maintenance and line 31 Rehabilitation Account pursuant to paragraph (2) of subdivision line 32 (b) of Section 8352.4 of, paragraph (2) of subdivision (b) of Section line 33 8352.5 of, and subparagraph (B) paragraph (2) of subdivision (a) line 34 of Section 8352.6 of, that code. line 35 (c) The revenues from the increase in the vehicle registration line 36 fee pursuant to Section 9250.3 of the Vehicle Code, as adjusted line 37 pursuant to subdivision (b) of that section. line 38 (d) The revenues from the increase in the vehicle registration line 39 fee pursuant to Section 9250.6 of the Vehicle Code, as adjusted line 40 pursuant to subdivision (b) of that section. 99 SB 1— 45 — line 1 (e) The revenues deposited in the account pursuant to Section line 2 183.1 of the Streets and Highways Code. line 3 (f) Any other revenues designated for the program. line 4 2031.5. Each fiscal year the annual Budget Act shall contain line 5 an appropriation from the Road Maintenance and Rehabilitation line 6 Account to the Controller for the costs of carrying out his or her line 7 duties pursuant to this chapter and to the California Transportation line 8 Commission for the costs of carrying out its duties pursuant to this line 9 chapter and Section 14526.7 of the Government Code. line 10 2032. (a) (1) After deducting the amounts appropriated in the line 11 annual Budget Act, as provided in Section 2031.5, two hundred line 12 million dollars ($200,000,000) of the remaining revenues deposited line 13 in the Road Maintenance and Rehabilitation Account shall be set line 14 aside annually for counties that have sought and received voter line 15 approval of taxes or that have imposed fees, including uniform line 16 developer fees as defined by subdivision (b) of Section 8879.67 line 17 of the Government Code, which taxes or fees are dedicated solely line 18 to transportation improvements. The Controller shall each month line 19 set aside one-twelfth of this amount, to accumulate a total of two line 20 hundred million dollars ($200,000,000) in each fiscal year. line 21 (2) Notwithstanding Section 13340 of the Government Code, line 22 the funds available under this subdivision in each fiscal year are line 23 hereby continuously appropriated for allocation to each eligible line 24 county and each city in the county for road maintenance and line 25 rehabilitation purposes pursuant to Section 2033. line 26 (b) (1) After deducting the amounts appropriated in the annual line 27 Budget Act pursuant to Section 2031.5 and the amount allocated line 28 in subdivision (a), beginning in the 2017–18 fiscal year, eighty line 29 million dollars ($80,000,000) of the remaining revenues shall be line 30 transferred annually to the State Highway Account for expenditure, line 31 upon appropriation by the Legislature, on the Active Transportation line 32 Program created pursuant to Chapter 8 (commencing with Section line 33 2380) of Division 3 to be allocated by the California Transportation line 34 Commission pursuant to Section 2381. line 35 (2) In addition to the funds transferred in paragraph (1), the line 36 department shall annually identify savings achieved through line 37 efficiencies implemented at the department. The department, line 38 through the annual budget process, shall propose, from the line 39 identified savings, an appropriation to be included in the annual line 40 Budget Act of up to seventy million dollars ($70,000,000), but not 99 — 46 —SB 1 line 1 to exceed the total annual identified savings, from the State line 2 Highway Account for expenditure on the Active Transportation line 3 Program. line 4 (c) After deducting the amounts appropriated in the annual line 5 Budget Act pursuant to Section 2031.5, the amount allocated in line 6 subdivision (a) and the amount transferred in paragraph (1) of line 7 subdivision (b), in the 2017–18, 2018–19, 2019–20, and 2020–21 line 8 fiscal years, the sum of thirty million dollars ($30,000,000) in each line 9 fiscal year from the remaining revenues shall be transferred to the line 10 Advance Mitigation Fund in the State Transportation Fund created line 11 pursuant to Section 21207 of the Public Resources Code. line 12 (d) After deducting the amounts appropriated in the annual line 13 Budget Act pursuant to Section 2031.5, the amount allocated in line 14 subdivision (a), and the amounts transferred in paragraph (1) of line 15 subdivision (b) and in subdivision (c), beginning in the 2017–18 line 16 fiscal year and each fiscal year thereafter, and notwithstanding line 17 Section 13340 of the Government Code, there is hereby line 18 continuously appropriated to the California State University the line 19 sum of two million dollars ($2,000,000) from the remaining line 20 revenues for the purpose of conducting transportation research and line 21 transportation-related workforce education, training, and line 22 development. Prior to the start of each fiscal year, the chairs of the line 23 Assembly Committee on Transportation and the Senate Committee line 24 on Transportation and Housing shall confer and set out a line 25 recommended priority list of research components to be addressed line 26 in the upcoming fiscal year. line 27 (e) Notwithstanding Section 13340 of the Government Code, line 28 the balance of the revenues deposited in the Road Maintenance line 29 and Rehabilitation Account are hereby continuously appropriated line 30 as follows: line 31 (1) Fifty percent for allocation to the department for maintenance line 32 of the state highway system or for purposes of the state highway line 33 operation and protection program. line 34 (2) Fifty percent for apportionment to cities and counties by the line 35 Controller pursuant to the formula in clauses (i) and (ii) of line 36 subparagraph (C) of paragraph (3) of subdivision (a) of Section line 37 2103 for the purposes authorized by this chapter. line 38 2033. (a) On or before January 1, 2018, the commission, in line 39 cooperation with the department, transportation planning agencies, line 40 county transportation commissions, and other local agencies, shall 99 SB 1— 47 — line 1 develop guidelines for the allocation of funds pursuant to line 2 subdivision (a) of Section 2032. line 3 (b) The guidelines shall be the complete and full statement of line 4 the policy, standards, and criteria that the commission intends to line 5 use to determine how these funds will be allocated. line 6 (c) The commission may amend the adopted guidelines after line 7 conducting at least one public hearing. line 8 2034. (a) (1) Prior to receiving an apportionment of funds line 9 under the program pursuant to paragraph (2) of subdivision (e) of line 10 Section 2032 from the Controller in a fiscal year, an eligible city line 11 or county shall submit to the commission a list of projects proposed line 12 to be funded with these funds pursuant to an adopted city or county line 13 budget. All projects proposed to receive funding shall be included line 14 in a city or county budget that is adopted by the applicable city line 15 council or county board of supervisors at a regular public meeting. line 16 The list of projects proposed to be funded with these funds shall line 17 include a description and the location of each proposed project, a line 18 proposed schedule for the project’s completion, and the estimated line 19 useful life of the improvement. The project list shall not limit the line 20 flexibility of an eligible city or county to fund projects in line 21 accordance with local needs and priorities so long as the projects line 22 are consistent with subdivision (b) of Section 2030. line 23 (2) The commission shall report to the Controller the cities and line 24 counties that have submitted a list of projects as described in this line 25 subdivision and that are therefore eligible to receive an line 26 apportionment of funds under the program for the applicable fiscal line 27 year. The Controller, upon receipt of the report, shall apportion line 28 funds to eligible cities and counties. line 29 (b) For each fiscal year, each city or county receiving an line 30 apportionment of funds shall, upon expending program funds, line 31 submit documentation to the commission that includes a description line 32 and location of each completed project, the amount of funds line 33 expended on the project, the completion date, and the estimated line 34 useful life of the improvement. line 35 2036. (a) Cities and counties shall maintain their existing line 36 commitment of local funds for street, road, and highway purposes line 37 in order to remain eligible for an allocation or apportionment of line 38 funds pursuant to Section 2032. line 39 (b) In order to receive an allocation or apportionment pursuant line 40 to Section 2032, the city or county shall annually expend from its 99 — 48 —SB 1 line 1 general fund for street, road, and highway purposes an amount not line 2 less than the annual average of its expenditures from its general line 3 fund during the 2009–10, 2010–11, and 2011–12 fiscal years, as line 4 reported to the Controller pursuant to Section 2151. For purposes line 5 of this subdivision, in calculating a city’s or county’s annual line 6 general fund expenditures and its average general fund expenditures line 7 for the 2009–10, 2010–11, and 2011–12 fiscal years, any line 8 unrestricted funds that the city or county may expend at its line 9 discretion, including vehicle in-lieu tax revenues and revenues line 10 from fines and forfeitures, expended for street, road, and highway line 11 purposes shall be considered expenditures from the general fund. line 12 One-time allocations that have been expended for street and line 13 highway purposes, but which may not be available on an ongoing line 14 basis, including revenue provided under the Teeter Plan Bond Law line 15 of 1994 (Chapter 6.6 (commencing with Section 54773) of Part 1 line 16 of Division 2 of Title 5 of the Government Code), may not be line 17 considered when calculating a city’s or county’s annual general line 18 fund expenditures. line 19 (c) For any city incorporated after July 1, 2009, the Controller line 20 shall calculate an annual average expenditure for the period line 21 between July 1, 2009, and December 31, 2015, inclusive, that the line 22 city was incorporated. line 23 (d) For purposes of subdivision (b), the Controller may request line 24 fiscal data from cities and counties in addition to data provided line 25 pursuant to Section 2151, for the 2009–10, 2010–11, and 2011–12 line 26 fiscal years. Each city and county shall furnish the data to the line 27 Controller not later than 120 days after receiving the request. The line 28 Controller may withhold payment to cities and counties that do line 29 not comply with the request for information or that provide line 30 incomplete data. line 31 (e) The Controller may perform audits to ensure compliance line 32 with subdivision (b) when deemed necessary. Any city or county line 33 that has not complied with subdivision (b) shall reimburse the state line 34 for the funds it received during that fiscal year. Any funds withheld line 35 or returned as a result of a failure to comply with subdivision (b) line 36 shall be reapportioned to the other counties and cities whose line 37 expenditures are in compliance. line 38 (f) If a city or county fails to comply with the requirements of line 39 subdivision (b) in a particular fiscal year, the city or county may line 40 expend during that fiscal year and the following fiscal year a total 99 SB 1— 49 — line 1 amount that is not less than the total amount required to be line 2 expended for those fiscal years for purposes of complying with line 3 subdivision (b). line 4 2037. A city or county may spend its apportionment of funds line 5 under the program on transportation priorities other than those line 6 allowable pursuant to this chapter if the city’s or county’s average line 7 Pavement Condition Index meets or exceeds 80. line 8 2038. (a) The department and local agencies, as a condition line 9 of receiving funds from the program, shall adopt and implement line 10 a program designed to promote and advance construction line 11 employment and training opportunities through preapprenticeship line 12 opportunities, either by the public agency itself or through line 13 contractors engaged by the public agencies to do work funded in line 14 whole or in part by funds made available by the program. line 15 (b) The department and local agencies, as a condition of line 16 receiving funds from the program, shall ensure the involvement line 17 of the California Conservation Corps and certified community line 18 conservation corps in the delivery of projects and services funded line 19 in whole or in part by funds made available by the program. line 20 SEC. 26. Section 2103.1 is added to the Streets and Highways line 21 Code, to read: line 22 2103.1. (a) Notwithstanding Section 2103, the revenues line 23 transferred to the Highway Users Tax Account pursuant to Sections line 24 8352.4, 8352.5, and 8352.6 of the Revenue and Taxation Code line 25 shall be distributed pursuant to the formula in paragraph (3) of line 26 subdivision (a) of Section 2103. line 27 (b) Notwithstanding subdivision (b) of Section 2103, the portion line 28 of revenues in the Highway Users Tax Account attributable to the line 29 increases in the motor vehicle fuel excise tax pursuant to line 30 subparagraph (B) of paragraph (1) of subdivision (a) of Section line 31 7360 of the Revenue and Taxation Code, as adjusted pursuant to line 32 subdivision (c) of that section, shall be transferred to the Road line 33 Maintenance and Rehabilitation Account pursuant to Section 2031. line 34 (c) Notwithstanding subdivision (b) of Section 2103, the portion line 35 of revenues in the Highway Users Tax Account attributable to the line 36 increase in the diesel fuel excise tax pursuant to subdivision (b) line 37 of Section 60050 of the Revenue and Taxation Code, as adjusted line 38 pursuant to subdivision (c) of that section, shall be transferred to line 39 the Trade Corridors Improvement Fund pursuant to Section 2192.4. 99 — 50 —SB 1 line 1 SEC. 27. Section 2192 of the Streets and Highways Code is line 2 amended to read: line 3 2192. (a) (1) The Trade Corridors Improvement Fund, created line 4 pursuant to subdivision (c) of Section 8879.23 of the Government line 5 Code, is hereby continued in existence to receive revenues from line 6 state sources other than the Highway Safety, Traffic Reduction, line 7 Air Quality, and Port Security Bond Act of 2006. This chapter line 8 shall govern expenditure of those other revenues. line 9 (2) Revenues apportioned to the state under Section 167 of Title line 10 23 of the United States Code from the national highway freight line 11 program, pursuant to the federal Fixing America’s Surface line 12 Transportation Act (“FAST Act,” Public Law 114-94) shall be line 13 allocated for projects approved pursuant to this chapter. line 14 (b) This chapter shall govern the expenditure of those state and line 15 federal revenues described in subdivision (a). line 16 (b) The moneys in the fund from these other sources line 17 (c) The funding described in subdivision (a) shall be available line 18 upon appropriation for allocation by the California Transportation line 19 Commission for infrastructure improvements in this state on line 20 federally designated Trade Corridors of National and Regional line 21 Significance, on the Primary Freight Network, and along other line 22 corridors that have a high volume of freight movement, as line 23 determined by the commission. commission and as identified in line 24 the state freight plan developed and adopted pursuant to Section line 25 13978.8 of the Government Code. In determining prioritizing the line 26 projects eligible for funding, the commission shall consult the line 27 Transportation Agency’s state freight plan as described in Section line 28 13978.8 of the Government Code, the State Air Resources Board’s line 29 Sustainable Freight Strategy adopted by Resolution 14-2, and the line 30 trade infrastructure and goods movement plan submitted to the line 31 commission by the Secretary of Transportation and the Secretary line 32 for Environmental Protection. The commission shall also consult line 33 California Sustainable Freight Action Plan released in July 2016 line 34 pursuant to Executive Order B-32-15, trade infrastructure and line 35 goods movement plans adopted by regional transportation planning line 36 agencies, adopted regional transportation plans required by state line 37 and federal law, and the statewide applicable port master plan line 38 when determining eligible projects for funding. plan. Eligible line 39 projects for the funding described in subdivision (a) shall further line 40 the state’s economic, environmental, and public health objectives 99 SB 1— 51 — line 1 and goals for freight policy, as articulated in the plans to be line 2 consulted pursuant to this subdivision. Eligible projects for these line 3 funds include, but are not limited to, all of the following: are as line 4 follows: line 5 (1) Highway Highway, local road, and rail capital and capacity line 6 improvements, rail landside access improvements, landside freight line 7 access improvements to airports, seaports, and land ports, and line 8 operational improvements to more efficiently accommodate the line 9 movement of freight, particularly for ingress and egress to and line 10 from the state’s land ports of entry entry, rail terminals, and line 11 seaports, including navigable inland waterways used to transport line 12 freight between seaports, land ports of entry, and airports, and to line 13 relieve traffic congestion along major trade or goods movement line 14 corridors. line 15 (2) Freight rail system improvements to enhance the ability to line 16 move goods from seaports, land ports of entry, and airports to line 17 warehousing and distribution centers throughout California, line 18 including projects that separate rail lines from highway or local line 19 road traffic, improve freight rail mobility through mountainous line 20 regions, relocate rail switching yards, and other projects that line 21 improve the efficiency and capacity of the rail freight system. line 22 (3) Projects to enhance the capacity and efficiency of ports. line 23 (3) Infrastructure improvement projects to enhance the capacity line 24 and efficiency of ports without having the effect of displacing line 25 workers in port operations. line 26 (4) Truck corridor and capital and operational improvements, line 27 including including, but not limited to, dedicated truck facilities line 28 or truck toll facilities. line 29 (5) Border access capital and operational improvements that line 30 enhance goods movement between California and Mexico and that line 31 maximize the state’s ability to access coordinated border line 32 infrastructure funds made available to the state by federal law. line 33 (6) Surface transportation and connector road capital and line 34 operational improvements to effectively facilitate the movement line 35 of goods, particularly for ingress and egress to and from the state’s line 36 land ports of entry, airports, and seaports, to relieve traffic line 37 congestion along major trade or goods movement corridors. line 38 (c) (1) The line 39 (d) (1) Except as provided in paragraph (2), In evaluating the line 40 program of projects to be funded with funds described in paragraph 99 — 52 —SB 1 line 1 (2) of subdivision (a), the commission shall evaluate the total line 2 potential economic and noneconomic benefits of the program of line 3 projects to California’s economy, environment, and public health. line 4 The commission shall consult with the agencies identified in line 5 Executive Order B-32-15 and metropolitan planning organizations line 6 in order to utilize the appropriate models, techniques, and methods line 7 to develop the parameters for evaluating the program of projects. line 8 The commission shall allocate funds the funding described in line 9 paragraph (2) of subdivision (a) for trade infrastructure line 10 improvements from the fund consistent with Section 8879.52 of line 11 the Government Code and the Trade Corridors Improvement Fund line 12 (TCIF) Guidelines adopted by the commission on November 27, line 13 2007, or as amended by the commission, and in a manner that (A) line 14 addresses the state’s most urgent needs, (B) balances the demands line 15 of various land ports of entry, seaports, and airports, (C) provides line 16 reasonable geographic balance between the state’s regions, and line 17 (D) places emphasis on projects that improve trade corridor line 18 mobility and safety while reducing emissions of diesel particulate line 19 and other pollutant emissions. emissions and reducing other line 20 negative community impacts, and (E) makes a significant line 21 contribution to the state’s economy. line 22 (2) The commission shall allocate the federal freight funding, line 23 specifically, pursuant to the original TCIF Guidelines, as adopted line 24 by the commission on November 27, 2007, and in the manner line 25 described in (A) to (E), inclusive, of paragraph (1). line 26 (A) One hundred fifty million dollars ($150,000,000) shall be line 27 dedicated exclusively to fund improvements to California’s existing line 28 or planned land ports of entry on the border with Mexico. The line 29 department, in consultation with the San Diego Association of line 30 Governments and the Imperial County Transportation Commission, line 31 shall nominate a program of projects for funding allocations that line 32 make border capital and operational improvements to enhance line 33 goods movement between California and Mexico and contribute line 34 to the reduction of emissions. line 35 (B) Seventy million dollars ($70,000,000) shall be dedicated line 36 exclusively to fund projects for the elimination, alteration, or line 37 improvement of hazardous railroad-highway grade crossings. line 38 Projects shall be jointly nominated by the department and a line 39 regional transportation agency. 99 SB 1— 53 — line 1 (C) Three hundred sixty million dollars ($360,000,000) shall line 2 be available for projects nominated by regional transportation line 3 agencies and other public agencies, including counties, cities, and line 4 port authorities, in consultation with the department, and consistent line 5 with corridor-based programming targets contained in the Trade line 6 Corridors Investment Fund (TCIF) Guidelines adopted by the line 7 commission on November 27, 2007, or as amended by the line 8 commission, to provide reasonable geographic targets for funding line 9 allocations without constraining what an agency may propose or line 10 what the commission may approve. However, the San Diego line 11 Association of Governments, the Imperial County Transportation line 12 Commission, and other public agencies in San Diego and Imperial line 13 Counties shall be excluded from nominating projects under this line 14 subparagraph. line 15 (2) The commission shall proportionately adjust the amounts line 16 in subparagraphs (A), (B), and (C) of paragraph (1) if the amount line 17 of funds described in paragraph (2) of subdivision (a) is less than line 18 or greater than five hundred eighty million dollars ($580,000,000). line 19 (3) The commission shall adopt guidelines to allocate the line 20 funding described in subdivision (a) for trade infrastructure line 21 improvements in a manner that (A) addresses the state’s most line 22 urgent needs, (B) balances the demands of various land ports of line 23 entry, seaports, and airports, (C) provides reasonable geographic line 24 balance between the state’s regions, (D) places emphasis on line 25 projects that improve trade corridor mobility and safety while line 26 reducing emissions of diesel particulates, greenhouse gases, and line 27 other pollutants and reducing other negative community impacts, line 28 and (E) makes a significant contribution to the state’s economy. line 29 The commission shall adopt any amendments to the 2007 guidelines line 30 on or before April 1, 2017. line 31 (4) In adopting amended guidelines, and developing and line 32 adopting the program of projects, the commission shall do all of line 33 the following: line 34 (A) Accept nominations for projects to be included in the line 35 program of projects from regional and local transportation line 36 agencies and the department. line 37 (B) Recognize the key role of the state in project identification line 38 and support integrating statewide goods movement priorities into line 39 the corridor approach. 99 — 54 —SB 1 line 1 (C) Give the highest priority for funding allocations to projects line 2 jointly nominated by the department and a regional or other public line 3 agency. line 4 (3) line 5 (5) In addition, the commission shall also consider the following line 6 factors when allocating these funds: funds under this section: line 7 (A) “Velocity,” which means the speed by which large cargo line 8 would travel from the land port of entry or seaport through the line 9 distribution system. line 10 (B) “Throughput,” which means the volume of cargo that would line 11 move from the land port of entry or seaport through the distribution line 12 system. line 13 (C) “Reliability,” which means a reasonably consistent and line 14 predictable amount of time for cargo to travel from one point to line 15 another on any given day or at any given time in California. line 16 (D) “Congestion reduction,” which means the reduction in line 17 recurrent daily hours of delay to be achieved. line 18 SEC. 28. Section 2192.2 of the Streets and Highways Code is line 19 amended to read: line 20 2192.2. The commission shall allocate funds made available line 21 by this chapter to projects that have identified and committed line 22 supplemental funding from appropriate local, federal, or private line 23 sources. The commission shall determine the appropriate amount line 24 of supplemental funding each project should have to be eligible line 25 for moneys from the fund based on a project-by-project review line 26 and an assessment of the project’s benefit to the state and the line 27 program. Except for border access Funded improvements described line 28 in paragraph (5) of subdivision (b) of Section 2192, improvements line 29 funded with moneys from the fund shall have supplemental funding line 30 that is at least equal to the amount of the contribution from the line 31 fund. under this chapter. The commission may give priority for line 32 funding to projects with higher levels of committed supplemental line 33 funding. line 34 SEC. 29. Section 2192.4 is added to the Streets and Highways line 35 Code, to read: line 36 2192.4. The portion of the revenues in the Highway Users Tax line 37 Account attributable to the increase in the diesel fuel excise tax line 38 pursuant to subdivision (b) of Section 60050 of the Revenue and line 39 Taxation Code, as adjusted pursuant to subdivision (c) of that 99 SB 1— 55 — line 1 section, shall be transferred to the Trade Corridors Improvement line 2 Fund. line 3 SEC. 30. Section 9250.3 is added to the Vehicle Code, to read: line 4 9250.3. (a) In addition to any other fees specified in this code line 5 or the Revenue and Taxation Code, commencing October 1, 2017, line 6 a registration fee of thirty-eight dollars ($38) shall be paid to the line 7 department for registration or renewal of registration of every line 8 vehicle subject to registration under this code, except those vehicles line 9 that are expressly exempted under this code from payment of line 10 registration fees. line 11 (b) Beginning October 1, 2020, and every third year thereafter, line 12 the Department of Motor Vehicles shall adjust the fee imposed line 13 under this section for inflation in an amount equal to the change line 14 in the California Consumer Price Index for the prior three-year line 15 period, as calculated by the Department of Finance, with amounts line 16 equal to or greater than fifty cents ($0.50) rounded to the next line 17 highest whole dollar. line 18 (c) Revenues from the fee, after the deduction of the line 19 department’s administrative costs related to this section, shall be line 20 deposited in the Road Maintenance and Rehabilitation Account line 21 created pursuant to Section 2031 of the Streets and Highways line 22 Code. line 23 SEC. 31. Section 9250.6 is added to the Vehicle Code, to read: line 24 9250.6. (a) In addition to any other fees specified in this code, line 25 or the Revenue and Taxation Code, commencing October 1, 2017, line 26 a registration fee of one hundred dollars ($100) shall be paid to line 27 the department for registration or renewal of registration of every line 28 zero-emission motor vehicle subject to registration under this code, line 29 except those motor vehicles that are expressly exempted under line 30 this code from payment of registration fees. line 31 (b) Beginning October 1, 2020, and every third year thereafter, line 32 the Department of Motor Vehicles shall adjust the fee imposed line 33 under this section for inflation in an amount equal to the change line 34 in the California Consumer Price Index for the prior three-year line 35 period, as calculated by the Department of Finance, with amounts line 36 equal to or greater than fifty cents ($0.50) rounded to the next line 37 highest whole dollar. line 38 (c) Revenues from the fee, after deduction of the department’s line 39 administrative costs related to this section, shall be deposited in 99 — 56 —SB 1 line 1 the Road Maintenance and Rehabilitation Account created pursuant line 2 to Section 2031 of the Streets and Highways Code. line 3 (d) This section does not apply to a commercial motor vehicle line 4 subject to Section 9400.1. line 5 (e) The registration fee required pursuant to this section does line 6 not apply to the initial registration after the purchase of a new line 7 zero-emission motor vehicle. line 8 (f) For purposes of this section, “zero-emission motor vehicle” line 9 means a motor vehicle as described in subdivisions (c) and (d) of line 10 Section 44258 of the Health and Safety Code, or any other motor line 11 vehicle that is able to operate on any fuel other than gasoline or line 12 diesel fuel. line 13 SEC. 32. Section 9400.5 is added to the Vehicle Code, to read: line 14 9400.5. (a) Notwithstanding Sections 9400.1, 9400.4, and line 15 42205 of this code, Sections 16773 and 16965 of the Government line 16 Code, Section 2103 of the Streets and Highways Code, or any line 17 other law, weight fee revenues shall only be transferred consistent line 18 with the schedule provided in subdivision (b) from the State line 19 Highway Account to the Transportation Debt Service Fund, the line 20 Transportation Bond Direct Payment Account, or any other fund line 21 or account for the purpose of payment of the debt service on line 22 transportation general obligation bonds and shall not be loaned to line 23 the General Fund. line 24 (b) (1) The transfer of weight fee revenues, after deduction of line 25 collection costs, from the State Highway Account pursuant to line 26 subdivision (a) shall not exceed: line 27 (A) Ninety percent of the total weight fees in the 2017–18 fiscal line 28 year. line 29 (B) Eighty percent of the total weight fees in the 2018–19 fiscal line 30 year. line 31 (C) Seventy percent of the total weight fees in the 2019–20 line 32 fiscal year. line 33 (D) Sixty percent of the total weight fees in the 2020–21 fiscal line 34 year. line 35 (E) Fifty percent of the total weight fees in 2021–22 and line 36 subsequent fiscal years. line 37 (2) The California Transportation Commission, on or before line 38 January 1, 2018, shall recommend a course of action to the line 39 Legislature and the Governor that would provide for the portion line 40 of weight fees described in subparagraph (E) of paragraph (1) to 99 SB 1— 57 — line 1 be retained in the State Highway Account or transferred to the line 2 Road Maintenance and Rehabilitation Account created pursuant line 3 to Section 2031. line 4 SEC. 33. The increases in tax rates in Sections 6051.8, 6201.8, line 5 7360, and 60050 of the Revenue and Taxation Code, as amended line 6 by this act, shall become effective on July 1, 2017. line 7 SEC. 34. This act is an urgency statute necessary for the line 8 immediate preservation of the public peace, health, or safety within line 9 the meaning of Article IV of the Constitution and shall go into line 10 immediate effect. The facts constituting the necessity are: line 11 In order to provide additional funding for road maintenance and line 12 rehabilitation purposes as quickly as possible, it is necessary for line 13 this act to take effect immediately. line 14 line 15 CORRECTIONS: line 16 Heading—Line 3. line 17 line 18 O 99 — 58 —SB 1 california legislature—2017–18 regular session ASSEMBLY BILL No. 1 Introduced by Assembly Member Frazier (Coauthors: Assembly Members Low, Mullin, and Santiago) December 5, 2016 An act to amend Sections 13975, 14500, 14526.5, and 16965 of, to add Sections 14033, 14526.7, and 16321 to, to add Part 5.1 (commencing with Section 14460) to Division 3 of Title 2 of, and to repeal Section 14534.1 of, the Government Code, to amend Section 39719 of the Health and Safety Code, to amend Section 21080.37 of, and to add Division 13.6 (commencing with Section 21200) to, the Public Resources Code, to amend Section 99312.1 of, and to add Section 99314.9 to, the Public Utilities Code, to amend Sections 6051.8, 6201.8, 7360, 8352.4, 8352.5, 8352.6, and 60050 of the Revenue and Taxation Code, to amend Sections 183.1, 2192, 2192.1, and 2192.2 of, to add Sections 820.1, 2103.1, and 2192.4 to, and to add Chapter 2 (commencing with Section 2030) to Division 3 of, the Streets and Highways Code, and to add Sections 9250.3, 9250.6, and 9400.5 to the Vehicle Code, relating to transportation, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. legislative counsel’s digest AB 1, as introduced, Frazier. Transportation funding. (1) Existing law provides various sources of funding for transportation purposes, including funding for the state highway system and the local street and road system. These funding sources include, among others, fuel excise taxes, commercial vehicle weight fees, local transactions and use taxes, and federal funds. Existing law imposes certain registration fees on vehicles, with revenues from these fees deposited 99 in the Motor Vehicle Account and used to fund the Department of Motor Vehicles and the Department of the California Highway Patrol. Existing law provides for the monthly transfer of excess balances in the Motor Vehicle Account to the State Highway Account. This bill would create the Road Maintenance and Rehabilitation Program to address deferred maintenance on the state highway system and the local street and road system. The bill would require the California Transportation Commission to adopt performance criteria, consistent with a specified asset management plan, to ensure efficient use of certain funds available for the program. The bill would provide for the deposit of various funds for the program in the Road Maintenance and Rehabilitation Account, which the bill would create in the State Transportation Fund, including revenues attributable to a $0.012 per gallon increase in the motor vehicle fuel (gasoline) tax imposed by the bill with an inflation adjustment, as provided, an increase of $38 in the annual vehicle registration fee with an inflation adjustment, as provided, a new $165 annual vehicle registration fee with an inflation adjustment, as provided, applicable to zero-emission motor vehicles, as defined, and certain miscellaneous revenues described in (7) below that are not restricted as to expenditure by Article XIX of the California Constitution. This bill would annually set aside $200,000,000 of the funds available for the program to fund road maintenance and rehabilitation purposes in counties that have sought and received voter approval of taxes or that have imposed fees, including uniform developer fees, as defined, which taxes or fees are dedicated solely to transportation improvements. These funds would be continuously appropriated for allocation pursuant to guidelines to be developed by the California Transportation Commission in consultation with local agencies. The bill would require $80,000,000 of the funds available for the program to be annually transferred to the State Highway Account for expenditure on the Active Transportation Program. The bill would require $30,000,000 of the funds available for the program in each of 4 fiscal years beginning in 2017–18 to be transferred to the Advance Mitigation Fund created by the bill pursuant to (12) below. The bill would continuously appropriate $2,000,000 annually of the funds available for the program to the California State University for the purpose of conducting transportation research and transportation-related workforce education, training, and development, and $3,000,000 annually to the institutes for transportation studies at the University of California. The bill would require the 99 — 2 —AB 1 remaining funds available for the program to be allocated 50% for maintenance of the state highway system or to the state highway operation and protection program and 50% to cities and counties pursuant to a specified formula. The bill would impose various requirements on the department and agencies receiving these funds. The bill would authorize a city or county to spend its apportionment of funds under the program on transportation priorities other than those allowable pursuant to the program if the city’s or county’s average Pavement Condition Index meets or exceeds 80. The bill would also require the department to annually identify savings achieved through efficiencies implemented at the department and to propose, from the identified savings, an appropriation to be included in the annual Budget Act of up to $70,000,000 from the State Highway Account for expenditure on the Active Transportation Program. (2) Existing law establishes in state government the Transportation Agency, which includes various departments and state entities, including the California Transportation Commission. Existing law vests the California Transportation Commission with specified powers, duties, and functions relative to transportation matters. Existing law requires the commission to retain independent authority to perform the duties and functions prescribed to it under any provision of law. This bill would exclude the California Transportation Commission from the Transportation Agency, establish it as an entity in state government, and require it to act in an independent oversight role. The bill would also make conforming changes. (3) Existing law creates various state agencies, including the Department of Transportation, the High-Speed Rail Authority, the Department of the California Highway Patrol, the Department of Motor Vehicles, and the State Air Resources Board, with specified powers and duties. Existing law provides for the allocation of state transportation funds to various transportation purposes. This bill would create the Office of the Transportation Inspector General in state government, as an independent office that would not be a subdivision of any other government entity, to ensure that all of the above-referenced state agencies and all other state agencies expending state transportation funds are operating efficiently, effectively, and in compliance with federal and state laws. The bill would provide for the Governor to appoint the Transportation Inspector General for a 6-year term, subject to confirmation by the Senate, and would provide that the Transportation Inspector General may not be 99 AB 1— 3 — removed from office during the term except for good cause. The bill would specify the duties and responsibilities of the Transportation Inspector General and would require an annual report to the Legislature and Governor. This bill would require the department to update the Highway Design Manual to incorporate the “complete streets” design concept by July 1, 2017. (4) Existing law provides for loans of revenues from various transportation funds and accounts to the General Fund, with various repayment dates specified. This bill would require the Department of Finance, on or before January 1, 2017, to compute the amount of outstanding loans made from specified transportation funds. The bill would require the Department of Transportation to prepare a loan repayment schedule and would require the outstanding loans to be repaid pursuant to that schedule, as prescribed. The bill would appropriate funds for that purpose from the Budget Stabilization Account. The bill would require the repaid funds to be transferred, pursuant to a specified formula, to cities and counties and to the department for maintenance of the state highway system and for purposes of the state highway operation and protection program. (5) The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Proposition 1B) created the Trade Corridors Improvement Fund and provided for allocation by the California Transportation Commission of $2 billion in bond funds for infrastructure improvements on highway and rail corridors that have a high volume of freight movement and for specified categories of projects eligible to receive these funds. Existing law continues the Trade Corridors Improvement Fund in existence in order to receive revenues from sources other than the bond act for these purposes. This bill would deposit the revenues attributable to a $0.20 per gallon increase in the diesel fuel excise tax imposed by the bill into the Trade Corridors Improvement Fund. The bill would require revenues apportioned to the state from the national highway freight program established by the federal Fixing America’s Surface Transportation Act to be allocated for trade corridor improvement projects approved pursuant to these provisions. Existing law requires the commission, in determining projects eligible for funding, to consult various state freight and regional infrastructure and goods movement plans and the statewide port master plan. 99 — 4 —AB 1 This bill would revise the list of plans to be consulted by the commission when determining eligible projects for funding. The bill would also expand eligible projects to include, among others, rail landside access improvements, landside freight access improvements to airports, and certain capital and operational improvements. (6) Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the auction or sale of allowances as part of a market-based compliance mechanism relative to reduction of greenhouse gas emissions to be deposited in the Greenhouse Gas Reduction Fund. Existing law continuously appropriates 10% of the annual proceeds of the fund to the Transit and Intercity Rail Capital Program and 5% of the annual proceeds of the fund to the Low Carbon Transit Operations Program. This bill would, beginning in the 2017–18 fiscal year, instead continuously appropriate 20% of those annual proceeds to the Transit and Intercity Rail Capital Program and 10% of those annual proceeds to the Low Carbon Transit Operations Program, thereby making an appropriation. (7) Article XIX of the California Constitution restricts the expenditure of revenues from taxes imposed by the state on fuels used in motor vehicles upon public streets and highways to street and highway and certain mass transit purposes. Existing law requires certain miscellaneous revenues deposited in the State Highway Account that are not restricted as to expenditure by Article XIX of the California Constitution to be transferred to the Transportation Debt Service Fund in the State Transportation Fund, as specified, and requires the Controller to transfer from the fund to the General Fund an amount of those revenues necessary to offset the current year debt service made from the General Fund on general obligation transportation bonds issued pursuant to Proposition 116 of 1990. This bill would delete the transfer of these miscellaneous revenues to the Transportation Debt Service Fund, thereby eliminating the offsetting transfer to the General Fund for debt service on general obligation transportation bonds issued pursuant to Proposition 116 of 1990. The bill, subject to a specified exception, would instead require the miscellaneous revenues to be retained in the State Highway Account and to be deposited in the Road Maintenance and Rehabilitation Account. (8) Article XIX of the California Constitution requires gasoline excise tax revenues from motor vehicles traveling upon public streets and 99 AB 1— 5 — highways to be deposited in the Highway Users Tax Account, for allocation to city, county, and state transportation purposes. Existing law generally provides for statutory allocation of gasoline excise tax revenues attributable to other modes of transportation, including aviation, boats, agricultural vehicles, and off-highway vehicles, to particular accounts and funds for expenditure on purposes associated with those other modes, except that a specified portion of these gasoline excise tax revenues is deposited in the General Fund. Expenditure of the gasoline excise tax revenues attributable to those other modes is not restricted by Article XIX of the California Constitution. This bill, commencing July 1, 2017, would instead transfer to the Highway Users Tax Account for allocation to state and local transportation purposes under a specified formula the portion of gasoline excise tax revenues currently being deposited in the General Fund that are attributable to boats, agricultural vehicles, and off-highway vehicles. Because that account is continuously appropriated, the bill would make an appropriation. (9) Existing law, as of July 1, 2011, increases the sales and use tax on diesel and decreases the excise tax, as provided. Existing law requires the State Board of Equalization to annually modify both the gasoline and diesel excise tax rates on a going-forward basis so that the various changes in the taxes imposed on gasoline and diesel are revenue neutral. This bill would eliminate the annual rate adjustment to maintain revenue neutrality for the gasoline and diesel excise tax rates and would reimpose the higher gasoline excise tax rate that was in effect on July 1, 2010, in addition to the increase in the rate described in (1) above. Existing law, beyond the sales and use tax rate generally applicable, imposes an additional sales and use tax on diesel fuel at the rate of 1.75%, subject to certain exemptions, and provides for the net revenues collected from the additional tax to be transferred to the Public Transportation Account. Existing law continuously appropriates these revenues to the Controller for allocation by formula to transportation agencies for public transit purposes under the State Transit Assistance Program. This bill would increase the additional sales and use tax on diesel fuel by an additional 3.5%. By increasing the revenues deposited in the Public Transportation Account that are continuously appropriated, the bill would thereby make an appropriation. The bill would restrict expenditures of revenues from this increase in the sales and use tax on diesel fuel to transit capital purposes and certain transit services and 99 — 6 —AB 1 would require a recipient transit agency to comply with certain requirements, including submitting a list of proposed projects to the Department of Transportation, as a condition of receiving a portion of these funds. The bill would require the Controller to compute and publish quarterly proposed allocations for each eligible recipient agency under the State Transit Assistance Program. The bill would require an existing required audit of transit operator finances to verify that these new revenues have been expended in conformance with these specific restrictions and all other generally applicable requirements. This bill would, beginning July 1, 2019, and every 3rd year thereafter, require the State Board of Equalization to recompute the gasoline and diesel excise tax rates and the additional sales and use tax rate on diesel fuel based upon the percentage change in the California Consumer Price Index transmitted to the board by the Department of Finance, as prescribed. (10) Existing law requires the Department of Transportation to prepare a state highway operation and protection program every other year for the expenditure of transportation capital improvement funds for projects that are necessary to preserve and protect the state highway system, excluding projects that add new traffic lanes. The program is required to be based on an asset management plan, as specified. Existing law requires the department to specify, for each project in the program the capital and support budget and projected delivery date for various components of the project. Existing law provides for the California Transportation Commission to review and adopt the program, and authorizes the commission to decline and adopt the program if it determines that the program is not sufficiently consistent with the asset management plan. The bill would require the commission, as part of its review of the program, to hold at least one hearing in northern California and one hearing in southern California regarding the proposed program. The bill would require the department to submit any change to a programmed project as an amendment to the commission for its approval. This bill, on and after August 1, 2017, would also require the commission to make an allocation of all capital and support costs for each project in the program, and would require the department to submit a supplemental project allocation request to the commission for each project that experiences cost increases above the amounts in its allocation. The bill would require the commission to establish guidelines to provide exceptions to the requirement for a supplemental project 99 AB 1— 7 — allocation requirement that the commission determines are necessary to ensure that projects are not unnecessarily delayed. (11) Existing law imposes weight fees on the registration of commercial motor vehicles and provides for the deposit of net weight fee revenues into the State Highway Account. Existing law provides for the transfer of certain weight fee revenues from the State Highway Account to the Transportation Debt Service Fund to reimburse the General Fund for payment of debt service on general obligation bonds issued for transportation purposes. Existing law also provides for the transfer of certain weight fee revenues to the Transportation Bond Direct Payment Account for direct payment of debt service on designated bonds, which are defined to be certain transportation general obligation bonds issued pursuant to Proposition 1B of 2006. Existing law also provides for loans of weight fee revenues to the General Fund to the extent the revenues are not needed for bond debt service purposes, with the loans to be repaid when the revenues are later needed for those purposes, as specified. This bill, notwithstanding these provisions or any other law, would only authorize specified amounts of weight fee revenues to be transferred from the State Highway Account to the Transportation Debt Service Fund, the Transportation Bond Direct Payment Account, or any other fund or account for the purpose of payment of the debt service on transportation general obligation bonds in accordance with a prescribed schedule, with no more than $500,000,000 to be transferred in the 2021– 22 and subsequent fiscal years. The bill would also prohibit loans of weight fee revenues to the General Fund. (12) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA, until January 1, 2020, exempts a project or an activity to repair, maintain, or make minor alterations to an existing roadway, as defined, other than a state roadway, if the project or activity is carried 99 — 8 —AB 1 out by a city or county with a population of less than 100,000 persons to improve public safety and meets other specified requirements. This bill would extend the above-referenced exemption indefinitely and delete the limitation of the exemption to projects or activities in cities and counties with a population of less than 100,000 persons. The bill would also expand the exemption to include state roadways. This bill would also establish the Advance Mitigation Program in the Department of Transportation. The bill would authorize the department to undertake mitigation measures in advance of construction of a planned transportation project. The bill would require the department to establish a steering committee to advise the department on advance mitigation measures and related matters. The bill would create the Advance Mitigation Fund as a continuously appropriated revolving fund, to be funded initially from the Road Maintenance and Rehabilitation Program pursuant to (1) above. The bill would provide for reimbursement of the revolving fund at the time a planned transportation project benefiting from advance mitigation is constructed. (13) Existing federal law requires the United States Secretary of Transportation to carry out a surface transportation project delivery program, under which the participating states assume certain responsibilities for environmental review and clearance of transportation projects that would otherwise be the responsibility of the federal government. Existing law, until January 1, 2017, when these provisions are repealed, provides that the State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of the responsibilities the Department of Transportation assumed as a participant in this program. This bill would reenact these provisions. (14) This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2⁄3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: line 1 SECTION 1. The Legislature finds and declares all of the line 2 following: line 3 (a) Over the next 10 years, the state faces a $59 billion shortfall line 4 to adequately maintain the existing state highway system in order line 5 to keep it in a basic state of good repair. 99 AB 1— 9 — line 1 (b) Similarly, cities and counties face a $78 billion shortfall line 2 over the next decade to adequately maintain the existing network line 3 of local streets and roads. line 4 (c) Statewide taxes and fees dedicated to the maintenance of line 5 the system have not been increased in more than 20 years, with line 6 those revenues losing more than 55 percent of their purchasing line 7 power, while costs to maintain the system have steadily increased line 8 and much of the underlying infrastructure has aged past its expected line 9 useful life. line 10 (d) California motorists are spending $17 billion annually in line 11 extra maintenance and car repair bills, which is more than $700 line 12 per driver, due to the state’s poorly maintained roads. line 13 (e) Failing to act now to address this growing problem means line 14 that more drastic measures will be required to maintain our system line 15 in the future, essentially passing the burden on to future generations line 16 instead of doing our job today. line 17 (f) A funding program will help address a portion of the line 18 maintenance backlog on the state’s road system and will stop the line 19 growth of the problem. line 20 (g) Modestly increasing various fees can spread the cost of road line 21 repairs broadly to all users and beneficiaries of the road network line 22 without overburdening any one group. line 23 (h) Improving the condition of the state’s road system will have line 24 a positive impact on the economy as it lowers the transportation line 25 costs of doing business, reduces congestion impacts for employees, line 26 and protects property values in the state. line 27 (i) The federal government estimates that increased spending line 28 on infrastructure creates more than 13,000 jobs per $1 billion spent. line 29 (j) Well-maintained roads benefit all users, not just drivers, as line 30 roads are used for all modes of transport, whether motor vehicles, line 31 transit, bicycles, or pedestrians. line 32 (k) Well-maintained roads additionally provide significant health line 33 benefits and prevent injuries and death due to crashes caused by line 34 poorly maintained infrastructure. line 35 (l) A comprehensive, reasonable transportation funding package line 36 will do all of the following: line 37 (1) Ensure these transportation needs are addressed. line 38 (2) Fairly distribute the economic impact of increased funding. line 39 (3) Restore the gas tax rate previously reduced by the State line 40 Board of Equalization pursuant to the gas tax swap. 99 — 10 —AB 1 line 1 (4) Direct increased revenue to the state’s highest transportation line 2 needs. line 3 SEC. 2. Section 13975 of the Government Code is amended line 4 to read: line 5 13975. There is in the state government the Transportation line 6 Agency. The agency consists of the Department of the California line 7 Highway Patrol, the California Transportation Commission, the line 8 Department of Motor Vehicles, the Department of Transportation, line 9 the High-Speed Rail Authority, and the Board of Pilot line 10 Commissioners for the Bays of San Francisco, San Pablo, and line 11 Suisun. line 12 SEC. 3. Section 14033 is added to the Government Code, to line 13 read: line 14 14033. On or before July 1, 2017, the department shall update line 15 the Highway Design Manual to incorporate the “complete streets” line 16 design concept. line 17 SEC. 4. Part 5.1 (commencing with Section 14460) is added line 18 to Division 3 of Title 2 of the Government Code, to read: line 19 line 20 PART 5.1. OFFICE OF THE TRANSPORTATION INSPECTOR line 21 GENERAL line 22 line 23 14460. (a) There is hereby created in state government the line 24 independent Office of the Transportation Inspector General, which line 25 shall not be a subdivision of any other governmental entity, to line 26 ensure that the Department of Transportation, the High-Speed Rail line 27 Authority, the Department of the California Highway Patrol, the line 28 Department of Motor Vehicles, the State Air Resources Board, line 29 and all other state agencies expending state transportation funds line 30 are operating efficiently, effectively, and in compliance with line 31 applicable federal and state laws. line 32 (b) The Governor shall appoint, subject to confirmation by the line 33 Senate, the Transportation Inspector General to a six-year term. line 34 The Transportation Inspector General may not be removed from line 35 office during that term, except for good cause. A finding of good line 36 cause may include substantial neglect of duty, gross misconduct, line 37 or conviction of a crime. The reasons for removal of the line 38 Transportation Inspector General shall be stated in writing and line 39 shall include the basis for removal. The writing shall be sent to line 40 the Secretary of the Senate and the Chief Clerk of the Assembly 99 AB 1— 11 — line 1 at the time of the removal and shall be deemed to be a public line 2 document. line 3 14461. The Transportation Inspector General shall review line 4 policies, practices, and procedures and conduct audits and line 5 investigations of activities involving state transportation funds in line 6 consultation with all affected state agencies. Specifically, the line 7 Transportation Inspector General’s duties and responsibilities shall line 8 include, but not be limited to, all of the following: line 9 (a) To examine the operating practices of all state agencies line 10 expending state transportation funds to identify fraud and waste, line 11 opportunities for efficiencies, and opportunities to improve the line 12 data used to determine appropriate project resource allocations. line 13 (b) To identify best practices in the delivery of transportation line 14 projects and develop policies or recommend proposed legislation line 15 enabling state agencies to adopt these practices when practicable. line 16 (c) To provide objective analysis of and, when possible, offer line 17 solutions to concerns raised by the public or generated within line 18 agencies involving the state’s transportation infrastructure and line 19 project delivery methods. line 20 (d) To conduct, supervise, and coordinate audits and line 21 investigations relating to the programs and operations of all state line 22 transportation agencies with state-funded transportation projects. line 23 (e) To recommend policies promoting economy and efficiency line 24 in the administration of programs and operations of all state line 25 agencies with state-funded transportation projects. line 26 (f) To ensure that the Secretary of Transportation and the line 27 Legislature are fully and currently informed concerning fraud or line 28 other serious abuses or deficiencies relating to the expenditure of line 29 funds or administration of programs and operations. line 30 14462. The Transportation Inspector General shall report at line 31 least annually to the Governor and Legislature with a summary of line 32 his or her findings, investigations, and audits. The summary shall line 33 be posted on the Transportation Inspector General’s Internet Web line 34 site and shall otherwise be made available to the public upon its line 35 release to the Governor and Legislature. The summary shall line 36 include, but need not be limited to, significant problems discovered line 37 by the Transportation Inspector General and whether line 38 recommendations of the Transportation Inspector General relative line 39 to investigations and audits have been implemented by the affected 99 — 12 —AB 1 line 1 agencies. The report shall be submitted to the Legislature in line 2 compliance with Section 9795. line 3 SEC. 5. Section 14500 of the Government Code is amended line 4 to read: line 5 14500. There is in the Transportation Agency state government line 6 a California Transportation Commission. The commission shall line 7 act in an independent oversight role. line 8 SEC. 6. Section 14526.5 of the Government Code is amended line 9 to read: line 10 14526.5. (a) Based on the asset management plan prepared line 11 and approved pursuant to Section 14526.4, the department shall line 12 prepare a state highway operation and protection program for the line 13 expenditure of transportation funds for major capital improvements line 14 that are necessary to preserve and protect the state highway system. line 15 Projects included in the program shall be limited to capital line 16 improvements relative to the maintenance, safety, operation, and line 17 rehabilitation rehabilitation, and operation of state highways and line 18 bridges that do not add a new traffic lane to the system. line 19 (b) The program shall include projects that are expected to be line 20 advertised prior to July 1 of the year following submission of the line 21 program, but which have not yet been funded. The program shall line 22 include those projects for which construction is to begin within line 23 four fiscal years, starting July 1 of the year following the year the line 24 program is submitted. line 25 (c) (1) The department, at a minimum, shall specify, for each line 26 project in the state highway operation and protection program, the line 27 capital and support budget, as well as a projected delivery date, line 28 budget for each of the following project components: line 29 (1) Completion of project line 30 (A) Project approval and environmental documents. line 31 (2) Preparation of plans, line 32 (B) Plans, specifications, and estimates. line 33 (3) Acquisition of rights-of-way, including, but not limited to, line 34 support activities. line 35 (C) Rights-of-way. line 36 (D) Construction. line 37 (2) The department shall specify, for each project in the state line 38 highway operation and protection program, a project delivery line 39 date for each of the following components: line 40 (A) Environmental document completion. 99 AB 1— 13 — line 1 (B) Plans, specifications, and estimate completion. line 2 (C) Right-of-way certification. line 3 (4) line 4 (D) Start of construction. line 5 (d) The program department shall be submitted submit its line 6 proposed program to the commission not later than January 31 of line 7 each even-numbered year. Prior to submitting the plan, its proposed line 8 program, the department shall make a draft of its proposed program line 9 available to transportation planning agencies for review and line 10 comment and shall include the comments in its submittal to the line 11 commission. The department shall provide the commission with line 12 detailed information for all programmed projects, including, but line 13 not limited to, cost, scope, schedule, and performance metrics as line 14 determined by the commission. line 15 (e) The commission may shall review the proposed program line 16 relative to its overall adequacy, consistency with the asset line 17 management plan prepared and approved pursuant to Section line 18 14526.4 and funding priorities established in Section 167 of the line 19 Streets and Highways Code, the level of annual funding needed line 20 to implement the program, and the impact of those expenditures line 21 on the state transportation improvement program. The commission line 22 shall adopt the program and submit it to the Legislature and the line 23 Governor not later than April 1 of each even-numbered year. The line 24 commission may decline to adopt the program if the commission line 25 determines that the program is not sufficiently consistent with the line 26 asset management plan prepared and approved pursuant to Section line 27 14526.4. line 28 (f) As part of the commission’s review of the program required line 29 pursuant to subdivision (a), the commission shall hold at least one line 30 hearing in northern California and one hearing in southern line 31 California regarding the proposed program. line 32 (f) line 33 (g) Expenditures for these projects shall not be subject to line 34 Sections 188 and 188.8 of the Streets and Highways Code. line 35 (h) Following adoption of the state highway operation and line 36 protection program by the commission, any change to a line 37 programmed project shall be submitted as an amendment by the line 38 department to the commission for its approval before the change line 39 may be implemented. 99 — 14 —AB 1 line 1 SEC. 7. Section 14526.7 is added to the Government Code, to line 2 read: line 3 14526.7. (a) On and after August 1, 2017, an allocation by the line 4 commission of all capital and support costs for each project in the line 5 state highway operation and protection program shall be required. line 6 (b) For a project that experiences increases in capital or support line 7 costs above the amounts in the commission’s allocation pursuant line 8 to subdivision (a), a supplemental project allocation request shall line 9 be submitted by the department to the commission for approval. line 10 (c) The commission shall establish guidelines to provide line 11 exceptions to the requirement of subdivision (b) that the line 12 commission determines are necessary to ensure that projects are line 13 not unnecessarily delayed. line 14 SEC. 8. Section 14534.1 of the Government Code is repealed. line 15 14534.1. Notwithstanding Section 12850.6 or subdivision (b) line 16 of Section 12800, as added to this code by the Governor’s line 17 Reorganization Plan No. 2 of 2012 during the 2011–12 Regular line 18 Session, the commission shall retain independent authority to line 19 perform those duties and functions prescribed to it under any line 20 provision of law. line 21 SEC. 9. Section 16321 is added to the Government Code, to line 22 read: line 23 16321. (a) Notwithstanding any other law, on or before January line 24 1, 2017, the Department of Finance shall compute the amount of line 25 outstanding loans made from the State Highway Account, the line 26 Motor Vehicle Fuel Account, the Highway Users Tax Account, line 27 and the Motor Vehicle Account to the General Fund. The line 28 department shall prepare a loan repayment schedule, pursuant to line 29 which the outstanding loans shall be repaid, as follows: line 30 (1) On or before June 30, 2017, 50 percent of the outstanding line 31 loan amounts. line 32 (2) On or before June 30, 2018, the remainder of the outstanding line 33 loan amounts. line 34 (b) Notwithstanding any other law, as the loans are repaid line 35 pursuant to this section, the repaid funds shall be transferred in the line 36 following manner: line 37 (1) Fifty percent to cities and counties pursuant to clauses (i) line 38 and (ii) of subparagraph (C) of paragraph (3) of subdivision (a) of line 39 Section 2103 of the Streets and Highways Code. 99 AB 1— 15 — line 1 (2) Fifty percent to the department for maintenance of the state line 2 highway system and for purposes of the state highway operation line 3 and protection program. line 4 (c) Funds for loan repayments pursuant to this section are hereby line 5 appropriated from the Budget Stabilization Account pursuant to line 6 subclause (II) of clause (ii) of subparagraph (B) of paragraph (1) line 7 of subdivision (c) of Section 20 of Article XVI of the California line 8 Constitution. line 9 SEC. 10. Section 16965 of the Government Code is amended line 10 to read: line 11 16965. (a) (1) The Transportation Debt Service Fund is hereby line 12 created in the State Treasury. Moneys in the fund shall be dedicated line 13 to all of the following purposes: line 14 (A) Payment of debt service with respect to designated bonds, line 15 as defined in subdivision (c) of Section 16773, and as further line 16 provided in paragraph (3) and subdivision (b). line 17 (B) To reimburse the General Fund for debt service with respect line 18 to bonds. line 19 (C) To redeem or retire bonds, pursuant to Section 16774, line 20 maturing in a subsequent fiscal year. line 21 (2) The bonds eligible under subparagraph (B) or (C) of line 22 paragraph (1) include bonds issued pursuant to the Clean Air and line 23 Transportation Improvement Act of 1990 (Part 11.5 (commencing line 24 with Section 99600) of Division 10 of the Public Utilities Code), line 25 the Passenger Rail and Clean Air Bond Act of 1990 (Chapter 17 line 26 (commencing with Section 2701) of Division 3 of the Streets and line 27 Highways Code), the Seismic Retrofit Bond Act of 1996 (Chapter line 28 12.48 (commencing with Section 8879) of Division 1 of Title 2), line 29 and the Safe, Reliable High-Speed Passenger Train Bond Act for line 30 the 21st Century (Chapter 20 (commencing with Section 2704) of line 31 Division 3 of the Streets and Highways Code), and nondesignated line 32 bonds under Proposition 1B, as defined in subdivision (c) of line 33 Section 16773. line 34 (3) (A) The Transportation Bond Direct Payment Account is line 35 hereby created in the State Treasury, as a subaccount within the line 36 Transportation Debt Service Fund, for the purpose of directly line 37 paying the debt service, as defined in paragraph (4), of designated line 38 bonds of Proposition 1B, as defined in subdivision (c) of Section line 39 16773. Notwithstanding Section 13340, moneys in the line 40 Transportation Bond Direct Payment Account are continuously 99 — 16 —AB 1 line 1 appropriated for payment of debt service with respect to designated line 2 bonds as provided in subdivision (c) of Section 16773. So long as line 3 any designated bonds remain outstanding, the moneys in the line 4 Transportation Bond Direct Payment Account may not be used line 5 for any other purpose, and may not be borrowed by or available line 6 for transfer to the General Fund pursuant to Section 16310 or any line 7 similar law, or to the General Cash Revolving Fund pursuant to line 8 Section 16381 or any similar law. line 9 (B) Once the Treasurer makes a certification that payment of line 10 debt service with respect to all designated bonds has been paid or line 11 provided for, any remaining moneys in the Transportation Bond line 12 Direct Payment Account shall be transferred back to the line 13 Transportation Debt Service Fund. line 14 (C) The moneys in the Transportation Bond Direct Payment line 15 Account shall be invested in the Surplus Money Investment Fund, line 16 and all investment earnings shall accrue to the account. line 17 (D) The Controller may establish subaccounts within the line 18 Transportation Bond Direct Payment Account as may be required line 19 by the resolution, indenture, or other documents governing any line 20 designated bonds. line 21 (4) For purposes of this subdivision and subdivision (b), and line 22 subdivision (c) of Section 16773, “debt service” means payment line 23 of all of the following costs and expenses with respect to any line 24 designated bond: line 25 (A) The principal of and interest on the bonds. line 26 (B) Amounts payable as the result of tender on any bonds, as line 27 described in clause (iv) of subparagraph (B) of paragraph (1) of line 28 subdivision (d) of Section 16731. line 29 (C) Amounts payable under any contractual obligation of the line 30 state to repay advances and pay interest thereon under a credit line 31 enhancement or liquidity agreement as described in clause (iv) of line 32 subparagraph (B) of paragraph (1) of subdivision (d) of Section line 33 16731. line 34 (D) Any amount owed by the state to a counterparty after any line 35 offset for payments owed to the state on any hedging contract as line 36 described in subparagraph (A) of paragraph (2) of subdivision (d) line 37 of Section 16731. line 38 (b) From the moneys transferred to the fund pursuant to line 39 paragraph (2) or (3) of subdivision (c) of Section 9400.4 of the line 40 Vehicle Code, there shall first be deposited into the Transportation 99 AB 1— 17 — line 1 Bond Direct Payment Account in each month sufficient funds to line 2 equal the amount designated in a certificate submitted by the line 3 Treasurer to the Controller and the Director of Finance at the start line 4 of each fiscal year, and as may be modified by the Treasurer line 5 thereafter upon issuance of any new issue of designated bonds or line 6 upon change in circumstances that requires such a modification. line 7 This certificate shall be calculated by the Treasurer to identify, for line 8 each month, the amount necessary to fund all of the debt service line 9 with respect to all designated bonds. This calculation shall be done line 10 in a manner provided in the resolution, indenture, or other line 11 documents governing the designated bonds. In the event that line 12 transfers to the Transportation Bond Direct Payment Account in line 13 any month are less than the amounts required in the Treasurer’s line 14 certificate, the shortfall shall carry over to be part of the required line 15 payment in the succeeding month or months. line 16 (c) The state hereby covenants with the holders from time to line 17 time of any designated bonds that it will not alter, amend, or restrict line 18 the provisions of subdivision (c) of Section 16773 of the line 19 Government Code, or Sections 9400, 9400.1, 9400.4, and 42205 line 20 of the Vehicle Code, which provide directly or indirectly for the line 21 transfer of weight fees to the Transportation Debt Service Fund line 22 or the Transportation Bond Direct Payment Account, or line 23 subdivisions (a) and (b) of this section, or reduce the rate of line 24 imposition of vehicle weight fees under Sections 9400 and 9400.1 line 25 of the Vehicle Code as they existed on the date of the first issuance line 26 of any designated bonds, if that alteration, amendment, restriction, line 27 or reduction would result in projected weight fees for the next line 28 fiscal year determined by the Director of Finance being less than line 29 two times the maximum annual debt service with respect to all line 30 outstanding designated bonds, as such calculation is determined line 31 pursuant to the resolution, indenture, or other documents governing line 32 the designated bonds. The state may include this covenant in the line 33 resolution, indenture, or other documents governing the designated line 34 bonds. line 35 (d) Once the required monthly deposit, including makeup of line 36 any shortfalls from any prior month, has been made pursuant to line 37 subdivision (b), from moneys transferred to the fund pursuant to line 38 paragraph (2) or (3) of subdivision (c) of Section 9400.4 of the line 39 Vehicle Code, or pursuant to Section 16965.1 or 63048.67, the line 40 Controller shall transfer as an expenditure reduction to the General 99 — 18 —AB 1 line 1 Fund any amount necessary to offset the cost of current year debt line 2 service payments made from the General Fund with respect to any line 3 bonds issued pursuant to Proposition 192 (1996) and three-quarters line 4 of the amount of current year debt service payments made from line 5 the General Fund with respect to any nondesignated bonds, as line 6 defined in subdivision (c) of Section 16773, issued pursuant to line 7 Proposition 1B (2006). In the alternative, these funds may also be line 8 used to redeem or retire the applicable bonds, pursuant to Section line 9 16774, maturing in a subsequent fiscal year as directed by the line 10 Director of Finance. line 11 (e) From moneys transferred to the fund pursuant to Section line 12 183.1 of the Streets and Highways Code, the Controller shall line 13 transfer as an expenditure reduction to the General Fund any line 14 amount necessary to offset the cost of current year debt service line 15 payments made from the General Fund with respect to any bonds line 16 issued pursuant to Proposition 116 (1990). In the alternative, these line 17 funds may also be used to redeem or retire the applicable bonds, line 18 pursuant to Section 16774, maturing in a subsequent fiscal year line 19 as directed by the Director of Finance. line 20 (f) line 21 (e) Once the required monthly deposit, including makeup of line 22 any shortfalls from any prior month, has been made pursuant to line 23 subdivision (b), from moneys transferred to the fund pursuant to line 24 paragraph (2) or (3) of subdivision (c) of Section 9400.4 of the line 25 Vehicle Code, or pursuant to Section 16965.1 or 63048.67, the line 26 Controller shall transfer as an expenditure reduction to the General line 27 Fund any amount necessary to offset the eligible cost of current line 28 year debt service payments made from the General Fund with line 29 respect to any bonds issued pursuant to Proposition 108 (1990) line 30 and Proposition 1A (2008), and one-quarter of the amount of line 31 current year debt service payments made from the General Fund line 32 with respect to any nondesignated bonds, as defined in subdivision line 33 (c) of Section 16773, issued pursuant to Proposition 1B (2006). line 34 The Department of Finance shall notify the Controller by July 30 line 35 of every year of the percentage of debt service that is expected to line 36 be paid in that fiscal year with respect to bond-funded projects that line 37 qualify as eligible guideway projects consistent with the line 38 requirements applicable to the expenditure of revenues under line 39 Article XIX of the California Constitution, and the Controller shall line 40 make payments only for those eligible projects. In the alternative, 99 AB 1— 19 — line 1 these funds may also be used to redeem or retire the applicable line 2 bonds, pursuant to Section 16774, maturing in a subsequent fiscal line 3 year as directed by the Director of Finance. line 4 (g) line 5 (f) On or before the second business day following the date on line 6 which transfers are made to the Transportation Debt Service Fund, line 7 and after the required monthly deposits for that month, including line 8 makeup of any shortfalls from any prior month, have been made line 9 to the Transportation Bond Direct Payment Account, the Controller line 10 shall transfer the funds designated for reimbursement of bond debt line 11 service with respect to nondesignated bonds, as defined in line 12 subdivision (c) of Section 16773, and other bonds identified in line 13 subdivisions (d), (e),(d) and (f)(e) in that month from the fund to line 14 the General Fund pursuant to this section. line 15 SEC. 11. Section 39719 of the Health and Safety Code is line 16 amended to read: line 17 39719. (a) The Legislature shall appropriate the annual line 18 proceeds of the fund for the purpose of reducing greenhouse gas line 19 emissions in this state in accordance with the requirements of line 20 Section 39712. line 21 (b) To carry out a portion of the requirements of subdivision line 22 (a), annual proceeds are continuously appropriated for the line 23 following: line 24 (1) Beginning in the 2015–16 2017–18 fiscal year, and line 25 notwithstanding Section 13340 of the Government Code, 35 50 line 26 percent of annual proceeds are continuously appropriated, without line 27 regard to fiscal years, for transit, affordable housing, and line 28 sustainable communities programs as following: follows: line 29 (A) Ten Twenty percent of the annual proceeds of the fund is line 30 hereby continuously appropriated to the Transportation Agency line 31 for the Transit and Intercity Rail Capital Program created by Part line 32 2 (commencing with Section 75220) of Division 44 of the Public line 33 Resources Code. line 34 (B) Five Ten percent of the annual proceeds of the fund is hereby line 35 continuously appropriated to the Low Carbon Transit Operations line 36 Program created by Part 3 (commencing with Section 75230) of line 37 Division 44 of the Public Resources Code. Funds Moneys shall be line 38 allocated by the Controller, according to requirements of the line 39 program, and pursuant to the distribution formula in subdivision 99 — 20 —AB 1 line 1 (b) or (c) of Section 99312 of, and Sections 99313 and 99314 of, line 2 the Public Utilities Code. line 3 (C) Twenty percent of the annual proceeds of the fund is hereby line 4 continuously appropriated to the Strategic Growth Council for the line 5 Affordable Housing and Sustainable Communities Program created line 6 by Part 1 (commencing with Section 75200) of Division 44 of the line 7 Public Resources Code. Of the amount appropriated in this line 8 subparagraph, no less than 10 percent of the annual proceeds, line 9 proceeds shall be expended for affordable housing, consistent with line 10 the provisions of that program. line 11 (2) Beginning in the 2015–16 fiscal year, notwithstanding line 12 Section 13340 of the Government Code, 25 percent of the annual line 13 proceeds of the fund is hereby continuously appropriated to the line 14 High-Speed Rail Authority for the following components of the line 15 initial operating segment and Phase I Blended System as described line 16 in the 2012 business plan adopted pursuant to Section 185033 of line 17 the Public Utilities Code: line 18 (A) Acquisition and construction costs of the project. line 19 (B) Environmental review and design costs of the project. line 20 (C) Other capital costs of the project. line 21 (D) Repayment of any loans made to the authority to fund the line 22 project. line 23 (c) In determining the amount of annual proceeds of the fund line 24 for purposes of the calculation in subdivision (b), the funds subject line 25 to Section 39719.1 shall not be included. line 26 SEC. 12. Section 21080.37 of the Public Resources Code is line 27 amended to read: line 28 21080.37. (a) This division does not apply to a project or an line 29 activity to repair, maintain, or make minor alterations to an existing line 30 roadway if all of the following conditions are met: line 31 (1) The project is carried out by a city or county with a line 32 population of less than 100,000 persons to improve public safety. line 33 (2) line 34 (1) (A) The project does not cross a waterway. line 35 (B) For purposes of this paragraph, “waterway” means a bay, line 36 estuary, lake, pond, river, slough, or a perennial, intermittent, or line 37 ephemeral stream, lake, or estuarine-marine shoreline. line 38 (3) 99 AB 1— 21 — line 1 (2) The project involves negligible or no expansion of an line 2 existing use beyond that existing at the time of the lead agency’s line 3 determination. line 4 (4) The roadway is not a state roadway. line 5 (5) line 6 (3) (A) The site of the project does not contain wetlands or line 7 riparian areas and does not have significant value as a wildlife line 8 habitat, and the project does not harm any species protected by the line 9 federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et line 10 seq.), the Native Plant Protection Act (Chapter 10 (commencing line 11 with Section 1900) of Division 2 of the Fish and Game Code), or line 12 the California Endangered Species Act (Chapter 1.5 (commencing line 13 with Section 2050) of Division 3 of the Fish and Game Code), and line 14 the project does not cause the destruction or removal of any species line 15 protected by a local ordinance. line 16 (B) For the purposes of this paragraph: line 17 (i) “Riparian areas” mean those areas transitional between line 18 terrestrial and aquatic ecosystems and that are distinguished by line 19 gradients in biophysical conditions, ecological processes, and biota. line 20 A riparian area is an area through which surface and subsurface line 21 hydrology connect waterbodies with their adjacent uplands. A line 22 riparian area includes those portions of terrestrial ecosystems that line 23 significantly influence exchanges of energy and matter with aquatic line 24 ecosystems. A riparian area is adjacent to perennial, intermittent, line 25 and ephemeral streams, lakes, and estuarine-marine shorelines. line 26 (ii) “Significant value as a wildlife habitat” includes wildlife line 27 habitat of national, statewide, regional, or local importance; habitat line 28 for species protected by the federal Endangered Species Act of line 29 1973 (16 U.S.C. Sec. 1531, 1531 et seq.), the California line 30 Endangered Species Act (Chapter 1.5 (commencing with Section line 31 2050) of Division 3 of the Fish and Game Code), or the Native line 32 Plant Protection Act (Chapter 10 (commencing with Section 1900) line 33 of Division 2 of the Fish and Game Code); habitat identified as line 34 candidate, fully protected, sensitive, or species of special status line 35 by local, state, or federal agencies; or habitat essential to the line 36 movement of resident or migratory wildlife. line 37 (iii) “Wetlands” has the same meaning as in the United States line 38 Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). 99 — 22 —AB 1 line 1 (iv) “Wildlife habitat” means the ecological communities upon line 2 which wild animals, birds, plants, fish, amphibians, and line 3 invertebrates depend for their conservation and protection. line 4 (6) line 5 (4) The project does not impact cultural resources. line 6 (7) line 7 (5) The roadway does not affect scenic resources, as provided line 8 pursuant to subdivision (c) of Section 21084. line 9 (b) Prior to determining that a project is exempt pursuant to this line 10 section, the lead agency shall do both of the following: line 11 (1) Include measures in the project to mitigate potential line 12 vehicular traffic and safety impacts and bicycle and pedestrian line 13 safety impacts. line 14 (2) Hold a noticed public hearing on the project to hear and line 15 respond to public comments. The hearing on the project may be line 16 conducted with another noticed lead agency public hearing. line 17 Publication of the notice shall be no fewer times than required by line 18 Section 6061 of the Government Code, by the public agency in a line 19 newspaper of general circulation in the area. line 20 (c) For purposes of this section, “roadway” means a roadway line 21 as defined pursuant to Section 530 of the Vehicle Code and the line 22 previously graded and maintained shoulder that is within a roadway line 23 right-of-way of no more than five feet from the edge of the line 24 roadway. line 25 (d) Whenever line 26 (d) (1) If a state agency determines that a project is not subject line 27 to this division pursuant to this section and it approves or line 28 determines to carry out that project, it shall file a notice with the line 29 Office of Planning and Research in the manner specified in line 30 subdivisions (b) and (c) of Section 21108. line 31 (2) If a local agency determines that a project is not subject to line 32 this division pursuant to this section, section and it approves or line 33 determines to carry out that project, the local agency it shall file line 34 a notice with the Office of Planning and Research, and with the line 35 county clerk in the county in which the project will be located in line 36 the manner specified in subdivisions (b) and (c) of Section 21152. line 37 (e) This section shall remain in effect only until January 1, 2020, line 38 and as of that date is repealed, unless a later enacted statute, that line 39 is enacted before January 1, 2020, deletes or extends that date. 99 AB 1— 23 — line 1 SEC. 13. Division 13.6 (commencing with Section 21200) is line 2 added to the Public Resources Code, to read: line 3 line 4 DIVISION 13.6. ADVANCE MITIGATION PROGRAM ACT line 5 line 6 Chapter 1. General line 7 line 8 21200. This division shall be known, and may be cited, as the line 9 Advance Mitigation Program Act. line 10 21201. (a) The purpose of this division is to improve the line 11 success and effectiveness of actions implemented to mitigate the line 12 natural resource impacts of future transportation projects by line 13 establishing the means to implement those actions well before the line 14 transportation projects are constructed. The advance identification line 15 and implementation of mitigation actions also will streamline the line 16 delivery of transportation projects by anticipating mitigation line 17 requirements for planned transportation projects and avoiding or line 18 reducing delays associated with environmental permitting. By line 19 identifying regional or statewide conservation priorities and by line 20 anticipating the impacts of planned transportation projects on a line 21 regional or statewide basis, mitigation actions can be designed to line 22 protect and restore California’s most valuable natural resources line 23 and also facilitate environmental compliance for planned line 24 transportation projects on a regional scale. line 25 (b) This division is not intended to create a new environmental line 26 permitting or regulatory program or to modify existing line 27 environmental laws or regulations, nor is it expected that all line 28 mitigation requirements will be addressed for planned line 29 transportation projects. Instead, it is intended to provide a line 30 methodology with which to anticipate and fulfill the requirements line 31 of existing state and federal environmental laws that protect fish, line 32 wildlife, plant species, and other natural resources more efficiently line 33 and effectively. line 34 21202. The Legislature finds and declares all of the following: line 35 (a) The minimization and mitigation of environmental impacts line 36 is ordinarily handled on a project-by-project basis, usually near line 37 the end of a project’s timeline and often without guidance regarding line 38 regional or statewide conservation priorities. line 39 (b) The cost of critical transportation projects often escalates line 40 because of permitting delays that occur when appropriate 99 — 24 —AB 1 line 1 conservation and mitigation measures cannot easily be identified line 2 and because the cost of these measures often increases between line 3 the time a project is planned and funded and the time mitigation line 4 is implemented. line 5 (c) Addressing conservation and mitigation needs early in a line 6 project’s timeline, during the project design and development line 7 phase, can reduce costs, allow natural resources conservation to line 8 be integrated with project siting and design, and result in the line 9 establishment of more valuable and productive habitat mitigation. line 10 (d) When the Department of Transportation is able to anticipate line 11 the mitigation needs for planned transportation projects, it can line 12 meet those needs in a more timely and cost-effective way by using line 13 advance mitigation planning. line 14 (e) Working with state and federal resource protection agencies, line 15 the department can identify, conserve, and, where appropriate, line 16 restore lands for mitigation of numerous projects early in the line 17 projects’ timelines, thereby allowing public funds to stretch further line 18 by acquiring habitat at a lower cost and avoiding environmental line 19 permitting delays. line 20 (f) Advance mitigation can provide an effective means of line 21 facilitating delivery of transportation projects while ensuring more line 22 effective natural resource conservation. line 23 (g) Advance mitigation is needed to direct mitigation funding line 24 for transportation projects to agreed-upon conservation priorities line 25 and to the creation of habitat reserves and recreation areas that line 26 enhance the sustainability of human and natural systems by line 27 protecting or restoring connectivity of natural communities and line 28 the delivery of ecosystem services. line 29 (h) Advance mitigation can facilitate the implementation of line 30 climate change adaptation strategies both for ecosystems and line 31 California’s economy. line 32 (i) Advance mitigation can enable the state to protect, restore, line 33 and recover its natural resources as it strengthens and improves line 34 its transportation systems. line 35 21203. The Legislature intends to do all of the following by line 36 enacting this division: line 37 (a) Facilitate delivery of transportation projects while ensuring line 38 more effective natural resource conservation. 99 AB 1— 25 — line 1 (b) Develop effective strategies to improve the state’s ability to line 2 meet mounting demands for transportation improvements and to line 3 maximize conservation and other public benefits. line 4 (c) Achieve conservation objectives of statewide and regional line 5 importance by coordinating local, state, and federally funded line 6 natural resource conservation efforts with mitigation actions line 7 required for impacts from transportation projects. line 8 (d) Create administrative, governance, and financial incentives line 9 and mechanisms necessary to ensure that measures required to line 10 minimize or mitigate impacts from transportation projects will line 11 serve to achieve regional or statewide natural resource conservation line 12 objectives. line 13 line 14 Chapter 2. Definitions line 15 line 16 21204. For purposes of this division, the following terms have line 17 the following meanings: line 18 (a) “Advance mitigation” means mitigation implemented before, line 19 and in anticipation of, environmental effects of planned line 20 transportation projects. line 21 (b) “Commission” means the California Transportation line 22 Commission. line 23 (c) “Department” means the Department of Transportation. line 24 (d) “Transportation project” means a transportation capital line 25 improvement project. line 26 (e) “Planned transportation project” means a transportation line 27 project that a transportation agency has concluded is reasonably line 28 likely to be constructed within 20 years and that has been identified line 29 to the agency for purposes of this division. A planned transportation line 30 project may include, but is not limited to, a transportation project line 31 that has been proposed for approval or that has been approved. line 32 (f) “Program” means the Advance Mitigation Program line 33 implemented pursuant to this division. line 34 (g) “Regulatory agency” means a state or federal natural line 35 resource protection agency with regulatory authority over planned line 36 transportation projects. A regulatory agency includes, but is not line 37 limited to, the Natural Resources Agency, the Department of Fish line 38 and Wildlife, California regional water quality control boards, the line 39 United States Fish and Wildlife Service, the National Marine 99 — 26 —AB 1 line 1 Fisheries Service, the United States Environmental Protection line 2 Agency, and the United States Army Corps of Engineers. line 3 line 4 Chapter 3. Advance Mitigation Program line 5 line 6 21205. (a) The Advance Mitigation Program is hereby created line 7 in the department to accelerate project delivery and improve line 8 environmental outcomes of environmental mitigation for planned line 9 transportation projects. line 10 (b) The program may utilize mitigation instruments, including, line 11 but not limited to, mitigation banks, in lieu of fee programs, and line 12 conservation easements as defined in Section 815.1 of the Civil line 13 Code. line 14 (c) The department shall track all implemented advance line 15 mitigation projects to use as credits for environmental mitigation line 16 for state-sponsored transportation projects. line 17 (d) The department may use advance mitigation credits to fulfill line 18 mitigation requirements of any environmental law for a line 19 transportation project eligible for the State Transportation line 20 Improvement Program or the State Highway Operation and line 21 Protection Program. line 22 21206. No later than August 1, 2017, the department shall line 23 establish an interagency transportation advance mitigation steering line 24 committee consisting of the department and appropriate state and line 25 federal regulatory agencies to support the program so that advance line 26 mitigation can be used as required mitigation for planned line 27 transportation projects and can provide improved environmental line 28 outcomes. The committee shall advise the department of line 29 opportunities to carry out advance mitigation projects, provide the line 30 best available science, and actively participate in mitigation line 31 instrument reviews and approvals. The committee shall seek to line 32 develop streamlining opportunities, including those related to line 33 landscape scale mitigation planning and alignment of federal and line 34 state regulations and procedures related to mitigation requirements line 35 and implementation. The committee shall also provide input on line 36 crediting, using, and tracking of advance mitigation investments. line 37 21207. The Advance Mitigation Fund is hereby created in the line 38 State Transportation Fund as a revolving fund. Notwithstanding line 39 Section 13340 of the Government Code, the fund shall be line 40 continuously appropriated without regard to fiscal years. The 99 AB 1— 27 — line 1 moneys in the fund shall be programmed by the commission for line 2 the planning and implementation of advance mitigation projects line 3 consistent with the purposes of this chapter. After the transfer of line 4 moneys to the fund for four fiscal years pursuant to subdivision line 5 (c) of Section 2032 of the Streets and Highways Code, commencing line 6 in the 2017–18 fiscal year, the program is intended to be line 7 self-sustaining. Advance expenditures from the fund shall later be line 8 reimbursed from project funding available at the time a planned line 9 transportation project is constructed. A maximum of 5 percent of line 10 available funds may be used for administrative purposes. line 11 21208. The program is intended to improve the efficiency and line 12 efficacy of mitigation only and is not intended to supplant the line 13 requirements of the California Environmental Quality Act (Division line 14 13 (commencing with Section 21000) or any other environmental line 15 law. The identification of planned transportation projects and of line 16 mitigation projects or measures for planned transportation projects line 17 under this division does not imply or require approval of those line 18 projects for purposes of the California Environmental Quality Act line 19 (Division 13 (commencing with Section 21000) or any other line 20 environmental law. line 21 SEC. 14. Section 99312.1 of the Public Utilities Code is line 22 amended to read: line 23 99312.1. (a) Revenues transferred to the Public Transportation line 24 Account pursuant to Sections 6051.8 and 6201.8 of the Revenue line 25 and Taxation Code are hereby continuously appropriated to the line 26 Controller for allocation as follows: line 27 (a) line 28 (1) Fifty percent for allocation to transportation planning line 29 agencies, county transportation commissions, and the San Diego line 30 Metropolitan Transit Development Board pursuant to Section line 31 99314. line 32 (b) line 33 (2) Fifty percent for allocation to transportation agencies, county line 34 transportation commissions, and the San Diego Metropolitan line 35 Transit Development Board for purposes of Section 99313. line 36 (b) For purposes of this chapter, the revenues allocated pursuant line 37 to this section shall be subject to the same requirements as revenues line 38 allocated pursuant to subdivisions (b) and (c), as applicable, of line 39 Section 99312. 99 — 28 —AB 1 line 1 (c) The revenues transferred to the Public Transportation line 2 Account that are attributable to the increase in the sales and use line 3 tax on diesel fuel pursuant to subdivision (b) of Section 6051.8 of line 4 the Revenue and Taxation Code, as adjusted pursuant to line 5 subdivision (c) of that section, and subdivision (b) of Section 6201.8 line 6 of the Revenue and Taxation Code, as adjusted pursuant to line 7 subdivision (c) of that section, upon allocation pursuant to Sections line 8 99313 and 99314, shall only be expended on the following: line 9 (1) Transit capital projects or services to maintain or repair a line 10 transit operator’s existing transit vehicle fleet or existing transit line 11 facilities, including rehabilitation or modernization of existing line 12 vehicles or facilities. line 13 (2) The design, acquisition, and construction of new vehicles line 14 or facilities that improve existing transit services. line 15 (3) Transit services that complement local efforts for repair and line 16 improvement of local transportation infrastructure. line 17 (d) (1) Prior to receiving an apportionment of funds pursuant line 18 to subdivision (c) from the Controller in a fiscal year, a recipient line 19 transit agency shall submit to the Department of Transportation line 20 a list of projects proposed to be funded with these funds. The list line 21 of projects proposed to be funded with these funds shall include line 22 a description and location of each proposed project, a proposed line 23 schedule for the project’s completion, and the estimated useful life line 24 of the improvement. The project list shall not limit the flexibility line 25 of a recipient transit agency to fund projects in accordance with line 26 local needs and priorities so long as the projects are consistent line 27 with subdivision (c). line 28 (2) The department shall report to the Controller the recipient line 29 transit agencies that have submitted a list of projects as described line 30 in this subdivision and that are therefore eligible to receive an line 31 apportionment of funds for the applicable fiscal year. The line 32 Controller, upon receipt of the report, shall apportion funds line 33 pursuant to Sections 99313 and 99314. line 34 (e) For each fiscal year, each recipient transit agency receiving line 35 an apportionment of funds pursuant to subdivision (c) shall, upon line 36 expending those funds, submit documentation to the department line 37 that includes a description and location of each completed project, line 38 the amount of funds expended on the project, the completion date, line 39 and the estimated useful life of the improvement. 99 AB 1— 29 — line 1 (f) The audit of transit operator finances required pursuant to line 2 Section 99245 shall verify that the revenues identified in line 3 subdivision (c) have been expended in conformance with these line 4 specific requirements and all other generally applicable line 5 requirements. line 6 SEC. 15. Section 99314.9 is added to the Public Utilities Code, line 7 to read: line 8 99314.9. The Controller shall compute quarterly proposed line 9 allocations for State Transit Assistance funds available for line 10 allocation pursuant to Sections 99313 and 99314. The Controller line 11 shall publish the allocations for each eligible recipient agency, line 12 including one list applicable to revenues allocated pursuant to line 13 subdivision (c) of Section 99312.1 and another list for revenues line 14 allocated from all other revenues in the Public Transportation line 15 Account that are designated for the State Transit Assistance line 16 Program. line 17 SEC. 16. Section 6051.8 of the Revenue and Taxation Code line 18 is amended to read: line 19 6051.8. (a) Except as provided by Section 6357.3, in addition line 20 to the taxes imposed by this part, for the privilege of selling line 21 tangible personal property at retail a tax is hereby imposed upon line 22 all retailers at the rate of 1.75 percent of the gross receipts of any line 23 retailer from the sale of all diesel fuel, as defined in Section 60022, line 24 sold at retail in this state on and after the operative date of this line 25 subdivision. fuel. line 26 (b) Except as provided by Section 6357.3, in addition to the line 27 taxes imposed by this part and by subdivision (a), for the privilege line 28 of selling tangible personal property at retail a tax is hereby line 29 imposed upon all retailers at the rate of 3.5 percent of the gross line 30 receipts of any retailer from the sale of all diesel fuel, as defined line 31 in Section 60022, sold at retail in this state. The tax imposed under line 32 this subdivision shall be imposed on and after the first day of the line 33 first calendar quarter that occurs 120 days after the effective date line 34 of the act adding this subdivision. line 35 (b) Notwithstanding subdivision (a), for line 36 (c) Beginning July 1, 2019, and every third year thereafter, the line 37 2011–12 fiscal year only, State Board of Equalization shall line 38 recompute the rate referenced in subdivision (a) rates of the taxes line 39 imposed by this section. That computation shall be 1.87 percent. line 40 made as follows: 99 — 30 —AB 1 line 1 (c) Notwithstanding subdivision (a), line 2 (1) The Department of Finance shall transmit to the State Board line 3 of Equalization the percentage change in the California Consumer line 4 Price Index for all items from November of three calendar years line 5 prior to November of the 2012–13 fiscal year only, the rate line 6 referenced in subdivision (a) shall be 2.17 percent. prior calendar line 7 year, no later than January 31, 2019, and January 31 of every line 8 third year thereafter. line 9 (d) Notwithstanding subdivision (a), for line 10 (2) The State Board of Equalization shall do all of the following: line 11 (A) Compute an inflation adjustment factor by adding 100 line 12 percent to the percentage change figure that is furnished pursuant line 13 to paragraph (1) and dividing the result by 100. line 14 (B) Multiply the preceding tax rate per gallon by the inflation line 15 adjustment factor determined in subparagraph (A) and round off line 16 the resulting product to the nearest tenth of a cent. line 17 (C) Make its determination of the 2013–14 fiscal year only, new line 18 rate no later than March 1 of the rate referenced in subdivision line 19 (a) shall be 1.94 percent. same year as the effective date of the new line 20 rate. line 21 (e) line 22 (d) Notwithstanding subdivision (b) of Section 7102, all of the line 23 revenues, less refunds, collected pursuant to this section shall be line 24 estimated by the State Board of Equalization, with the concurrence line 25 of the Department of Finance, and transferred quarterly to the line 26 Public Transportation Account in the State Transportation Fund line 27 for allocation pursuant to Section 99312.1 of the Public Utilities line 28 Code. line 29 (f) Subdivisions (a) to (e), inclusive, shall become operative on line 30 July 1, 2011. line 31 SEC. 17. Section 6201.8 of the Revenue and Taxation Code line 32 is amended to read: line 33 6201.8. (a) Except as provided by Section 6357.3, in addition line 34 to the taxes imposed by this part, an excise tax is hereby imposed line 35 on the storage, use, or other consumption in this state of diesel line 36 fuel, as defined in Section 60022, at the rate of 1.75 percent of the line 37 sales price of the diesel fuel on and after the operative date of this line 38 subdivision. fuel. line 39 (b) Notwithstanding subdivision (a), for 99 AB 1— 31 — line 1 (b) Except as provided by Section 6357.3, in addition to the line 2 taxes imposed by this part and by subdivision (a), an excise tax is line 3 hereby imposed on the storage, use, or other consumption in this line 4 state of diesel fuel, as defined in Section 60022, at the rate of 3.5 line 5 percent of the sales price of the diesel fuel. The tax imposed under line 6 this subdivision shall be imposed on and after the first day of the line 7 first calendar quarter that occurs 120 days after the effective date line 8 of the act adding this subdivision. line 9 (c) Beginning July 1, 2019, and every third year thereafter, the line 10 2011–12 fiscal year only, State Board of Equalization shall line 11 recompute the rate referenced in subdivision (a) rates of the taxes line 12 imposed by this section. That computation shall be 1.87 percent. line 13 made as follows: line 14 (c) Notwithstanding subdivision (a), line 15 (1) The Department of Finance shall transmit to the State Board line 16 of Equalization the percentage change in the California Consumer line 17 Price Index for all items from November of three calendar years line 18 prior to November of the 2012–13 fiscal year only, the rate line 19 referenced in subdivision (a) shall be 2.17 percent. prior calendar line 20 year, no later than January 31, 2019, and January 31 of every line 21 third year thereafter. line 22 (d) Notwithstanding subdivision (a), for line 23 (2) The State Board of Equalization shall do all of the following: line 24 (A) Compute an inflation adjustment factor by adding 100 line 25 percent to the percentage change figure that is furnished pursuant line 26 to paragraph (1) and dividing the result by 100. line 27 (B) Multiply the preceding tax rate per gallon by the inflation line 28 adjustment factor determined in subparagraph (A) and round off line 29 the resulting product to the nearest tenth of a cent. line 30 (C) Make its determination of the 2013–14 fiscal year only, new line 31 rate no later than March 1 of the rate referenced in subdivision line 32 (a) shall be 1.94 percent. same year as the effective date of the new line 33 rate. line 34 (e) line 35 (d) Notwithstanding subdivision (b) of Section 7102, all of the line 36 revenues, less refunds, collected pursuant to this section shall be line 37 estimated by the State Board of Equalization, with the concurrence line 38 of the Department of Finance, and transferred quarterly to the line 39 Public Transportation Account in the State Transportation Fund 99 — 32 —AB 1 line 1 for allocation pursuant to Section 99312.1 of the Public Utilities line 2 Code. line 3 (f) Subdivisions (a) to (e), inclusive, shall become operative on line 4 July 1, 2011. line 5 SEC. 18. Section 7360 of the Revenue and Taxation Code is line 6 amended to read: line 7 7360. (a) (1) (A) A tax of eighteen cents ($0.18) is hereby line 8 imposed upon each gallon of fuel subject to the tax in Sections line 9 7362, 7363, and 7364. line 10 (B) In addition to the tax imposed pursuant to subparagraph line 11 (A), on and after the first day of the first calendar quarter that line 12 occurs 90 days after the effective date of the act adding this line 13 subparagraph, a tax of twelve cents ($0.12) is hereby imposed line 14 upon each gallon of fuel, other than aviation gasoline, subject to line 15 the tax in Sections 7362, 7363, and 7364. line 16 (2) If the federal fuel tax is reduced below the rate of nine cents line 17 ($0.09) per gallon and federal financial allocations to this state for line 18 highway and exclusive public mass transit guideway purposes are line 19 reduced or eliminated correspondingly, the tax rate imposed by line 20 subparagraph (A) of paragraph (1), on and after the date of the line 21 reduction, shall be recalculated by an amount so that the combined line 22 state rate under subparagraph (A) of paragraph (1) and the federal line 23 tax rate per gallon equal twenty-seven cents ($0.27). line 24 (3) If any person or entity is exempt or partially exempt from line 25 the federal fuel tax at the time of a reduction, the person or entity line 26 shall continue to be so exempt under this section. line 27 (b) (1) On and after July 1, 2010, in addition to the tax imposed line 28 by subdivision (a), a tax is hereby imposed upon each gallon of line 29 motor vehicle fuel, other than aviation gasoline, subject to the tax line 30 in Sections 7362, 7363, and 7364 in an amount equal to seventeen line 31 and three-tenths cents ($0.173) per gallon. line 32 (2) For the 2011–12 fiscal year line 33 (c) Beginning July 1, 2019, and each fiscal every third year line 34 thereafter, the board shall, on or before March 1 State Board of line 35 the fiscal year immediately preceding the applicable fiscal year, line 36 adjust the rate in paragraph (1) in that manner as to generate an line 37 amount Equalization shall recompute the rates of revenue that line 38 will equal the amount of revenue loss attributable to the exemption line 39 provided taxes imposed by Section 6357.7, based on estimates line 40 made by the board, and that rate this section. That computation 99 AB 1— 33 — line 1 shall be effective during the state’s next fiscal year. made as line 2 follows: line 3 (3) In order to maintain revenue neutrality for each year, line 4 beginning with line 5 (1) The Department of Finance shall transmit to the State Board line 6 of Equalization the percentage change in the California Consumer line 7 Price Index for all items from November of three calendar years line 8 prior to November of the prior calendar year, no later than January line 9 31, 2019, and January 31 of every third year thereafter. line 10 (2) The State Board of Equalization shall do all of the following: line 11 (A) Compute an inflation adjustment factor by adding 100 line 12 percent to the percentage change figure that is furnished pursuant line 13 to paragraph (1) and dividing the result by 100. line 14 (B) Multiply the preceding tax rate adjustment on or before line 15 March 1, 2012, the adjustment under paragraph (2) shall also take line 16 into account the extent to which the actual amount of revenues line 17 derived pursuant to this subdivision and, as applicable, Section line 18 7361.1, the revenue loss attributable to the exemption provided line 19 per gallon by Section 6357.7 resulted the inflation adjustment line 20 factor determined in a net revenue gain or loss for subparagraph line 21 (A) and round off the fiscal year ending prior resulting product to line 22 the rate adjustment date on or before March 1. nearest tenth of a line 23 cent. line 24 (4) The intent line 25 (C) Make its determination of paragraphs (2) and (3) is to ensure line 26 that the act adding this subdivision and Section 6357.7 does not line 27 produce a net revenue gain in state taxes. new rate no later than line 28 March 1 of the same year as the effective date of the new rate. line 29 SEC. 19. Section 8352.4 of the Revenue and Taxation Code line 30 is amended to read: line 31 8352.4. (a) Subject to Sections 8352 and 8352.1, and except line 32 as otherwise provided in subdivision (b), there shall be transferred line 33 from the money deposited to the credit of the Motor Vehicle Fuel line 34 Account to the Harbors and Watercraft Revolving Fund, for line 35 expenditure in accordance with Division 1 (commencing with line 36 Section 30) of the Harbors and Navigation Code, the sum of six line 37 million six hundred thousand dollars ($6,600,000) per annum, line 38 representing the amount of money in the Motor Vehicle Fuel line 39 Account attributable to taxes imposed on distributions of motor line 40 vehicle fuel used or usable in propelling vessels. The actual amount 99 — 34 —AB 1 line 1 shall be calculated using the annual reports of registered boats line 2 prepared by the Department of Motor Vehicles for the United line 3 States Coast Guard and the formula and method of the December line 4 1972 report prepared for this purpose and submitted to the line 5 Legislature on December 26, 1972, by the Director of line 6 Transportation. If the amount transferred during each fiscal year line 7 is in excess of the calculated amount, the excess shall be line 8 retransferred from the Harbors and Watercraft Revolving Fund to line 9 the Motor Vehicle Fuel Account. If the amount transferred is less line 10 than the amount calculated, the difference shall be transferred from line 11 the Motor Vehicle Fuel Account to the Harbors and Watercraft line 12 Revolving Fund. No adjustment shall be made if the computed line 13 difference is less than fifty thousand dollars ($50,000), and the line 14 amount shall be adjusted to reflect any temporary or permanent line 15 increase or decrease that may be made in the rate under the Motor line 16 Vehicle Fuel Tax Law. Payments pursuant to this section shall be line 17 made prior to payments pursuant to Section 8352.2. line 18 (b) Commencing July 1, 2012, 2017, the revenues attributable line 19 to the taxes imposed pursuant to subdivision (b) of Section 7360 line 20 and Section 7361.1 and otherwise to be deposited in the Harbors line 21 and Watercraft Revolving Fund pursuant to subdivision (a) shall line 22 instead be transferred to the General Fund. The revenues line 23 attributable to the taxes imposed Highway Users Tax Account for line 24 distribution pursuant to subdivision (b) of Section 7360 and Section line 25 7361.1 that were deposited in 2103.1 of the Harbors Streets and line 26 Watercraft Revolving Fund in the 2010–11 and 2011–12 fiscal line 27 years shall be transferred to the General Fund. Highways Code. line 28 SEC. 20. Section 8352.5 of the Revenue and Taxation Code line 29 is amended to read: line 30 8352.5. (a) (1) Subject to Sections 8352 and 8352.1, and line 31 except as otherwise provided in subdivision (b), there shall be line 32 transferred from the money deposited to the credit of the Motor line 33 Vehicle Fuel Account to the Department of Food and Agriculture line 34 Fund, during the second quarter of each fiscal year, an amount line 35 equal to the estimate contained in the most recent report prepared line 36 pursuant to this section. line 37 (2) The amounts are not subject to Section 6357 with respect line 38 to the collection of sales and use taxes thereon, and represent the line 39 portion of receipts in the Motor Vehicle Fuel Account during a line 40 calendar year that were attributable to agricultural off-highway 99 AB 1— 35 — line 1 use of motor vehicle fuel which is subject to refund pursuant to line 2 Section 8101, less gross refunds allowed by the Controller during line 3 the fiscal year ending June 30th 30 following the calendar year to line 4 persons entitled to refunds for agricultural off-highway use line 5 pursuant to Section 8101. Payments pursuant to this section shall line 6 be made prior to payments pursuant to Section 8352.2. line 7 (b) Commencing July 1, 2012, 2017, the revenues attributable line 8 to the taxes imposed pursuant to subdivision (b) of Section 7360 line 9 and Section 7361.1 and otherwise to be deposited in the line 10 Department of Food and Agriculture Fund pursuant to subdivision line 11 (a) shall instead be transferred to the General Fund. The revenues line 12 attributable to the taxes imposed Highway Users Tax Account for line 13 distribution pursuant to subdivision (b) of Section 7360 and Section line 14 7361.1 that were deposited in the Department 2103.1 of Food and line 15 Agriculture Fund in the 2010–11 Streets and 2011–12 fiscal years line 16 shall be transferred to the General Fund. Highways Code. line 17 (c) On or before September 30, 2012, and on or before line 18 September 30 of each even-numbered year thereafter, the Director line 19 of Transportation and the Director of Food and Agriculture shall line 20 jointly prepare, or cause to be prepared, a report setting forth the line 21 current estimate of the amount of money in the Motor Vehicle line 22 Fuel Account attributable to agricultural off-highway use of motor line 23 vehicle fuel, which is subject to refund pursuant to Section 8101 line 24 less gross refunds allowed by the Controller to persons entitled to line 25 refunds for agricultural off-highway use pursuant to Section 8101; line 26 and they shall submit a copy of the report to the Legislature. line 27 SEC. 21. Section 8352.6 of the Revenue and Taxation Code line 28 is amended to read: line 29 8352.6. (a) (1) Subject to Section 8352.1, and except as line 30 otherwise provided in paragraphs (2) and (3), on the first day of line 31 every month, there shall be transferred from moneys deposited to line 32 the credit of the Motor Vehicle Fuel Account to the Off-Highway line 33 Vehicle Trust Fund created by Section 38225 of the Vehicle Code line 34 an amount attributable to taxes imposed upon distributions of motor line 35 vehicle fuel used in the operation of motor vehicles off highway line 36 and for which a refund has not been claimed. Transfers made line 37 pursuant to this section shall be made prior to transfers pursuant line 38 to Section 8352.2. line 39 (2) Commencing July 1, 2012, 2017, the revenues attributable line 40 to the taxes imposed pursuant to subdivision (b) of Section 7360 99 — 36 —AB 1 line 1 and Section 7361.1 and otherwise to be deposited in the line 2 Off-Highway Vehicle Trust Fund pursuant to paragraph (1) shall line 3 instead be transferred to the General Fund. The revenues line 4 attributable to the taxes imposed Highway Users Tax Account for line 5 distribution pursuant to subdivision (b) of Section 7360 and Section line 6 7361.1 that were deposited in 2103.1 of the Off-Highway Vehicle line 7 Trust Fund in the 2010–11 Streets and 2011–12 fiscal years shall line 8 be transferred to the General Fund. Highways Code. line 9 (3) The Controller shall withhold eight hundred thirty-three line 10 thousand dollars ($833,000) from the monthly transfer to the line 11 Off-Highway Vehicle Trust Fund pursuant to paragraph (1), and line 12 transfer that amount to the General Fund. line 13 (b) The amount transferred to the Off-Highway Vehicle Trust line 14 Fund pursuant to paragraph (1) of subdivision (a), as a percentage line 15 of the Motor Vehicle Fuel Account, shall be equal to the percentage line 16 transferred in the 2006–07 fiscal year. Every five years, starting line 17 in the 2013–14 fiscal year, the percentage transferred may be line 18 adjusted by the Department of Transportation in cooperation with line 19 the Department of Parks and Recreation and the Department of line 20 Motor Vehicles. Adjustments shall be based on, but not limited line 21 to, the changes in the following factors since the 2006–07 fiscal line 22 year or the last adjustment, whichever is more recent: line 23 (1) The number of vehicles registered as off-highway motor line 24 vehicles as required by Division 16.5 (commencing with Section line 25 38000) of the Vehicle Code. line 26 (2) The number of registered street-legal vehicles that are line 27 anticipated to be used off highway, including four-wheel drive line 28 vehicles, all-wheel drive vehicles, and dual-sport motorcycles. line 29 (3) Attendance at the state vehicular recreation areas. line 30 (4) Off-highway recreation use on federal lands as indicated by line 31 the United States Forest Service’s National Visitor Use Monitoring line 32 and the United States Bureau of Land Management’s Recreation line 33 Management Information System. line 34 (c) It is the intent of the Legislature that transfers from the Motor line 35 Vehicle Fuel Account to the Off-Highway Vehicle Trust Fund line 36 should reflect the full range of motorized vehicle use off highway line 37 for both motorized recreation and motorized off-road access to line 38 other recreation opportunities. Therefore, the Legislature finds that line 39 the fuel tax baseline established in subdivision (b), attributable to line 40 off-highway estimates of use as of the 2006–07 fiscal year, 99 AB 1— 37 — line 1 accounts for the three categories of vehicles that have been found line 2 over the years to be users of fuel for off-highway motorized line 3 recreation or motorized access to nonmotorized recreational line 4 pursuits. These three categories are registered off-highway line 5 motorized vehicles, registered street-legal motorized vehicles used line 6 off highway, and unregistered off-highway motorized vehicles. line 7 (d) It is the intent of the Legislature that the off-highway motor line 8 vehicle recreational use to be determined by the Department of line 9 Transportation pursuant to paragraph (2) of subdivision (b) be that line 10 usage by vehicles subject to registration under Division 3 line 11 (commencing with Section 4000) of the Vehicle Code, for line 12 recreation or the pursuit of recreation on surfaces where the use line 13 of vehicles registered under Division 16.5 (commencing with line 14 Section 38000) of the Vehicle Code may occur. line 15 (e) In the 2014–15 fiscal year, the Department of Transportation, line 16 in consultation with the Department of Parks and Recreation and line 17 the Department of Motor Vehicles, shall undertake a study to line 18 determine the appropriate adjustment to the amount transferred line 19 pursuant to subdivision (b) and to update the estimate of the amount line 20 attributable to taxes imposed upon distributions of motor vehicle line 21 fuel used in the operation of motor vehicles off highway and for line 22 which a refund has not been claimed. The department shall provide line 23 a copy of this study to the Legislature no later than January 1, line 24 2016. line 25 SEC. 22. Section 60050 of the Revenue and Taxation Code is line 26 amended to read: line 27 60050. (a) (1) A tax of eighteen thirteen cents ($0.18) ($0.13) line 28 is hereby imposed upon each gallon of diesel fuel subject to the line 29 tax in Sections 60051, 60052, and 60058. line 30 (2) If the federal fuel tax is reduced below the rate of fifteen line 31 cents ($0.15) per gallon and federal financial allocations to this line 32 state for highway and exclusive public mass transit guideway line 33 purposes are reduced or eliminated correspondingly, the tax rate line 34 imposed by paragraph (1), including any reduction or adjustment line 35 pursuant to subdivision (b), on and after the date of the reduction, line 36 (1) shall be increased by an amount so that the combined state rate line 37 under paragraph (1) and the federal tax rate per gallon equal what line 38 it would have been in the absence of the federal reduction. 99 — 38 —AB 1 line 1 (3) If any person or entity is exempt or partially exempt from line 2 the federal fuel tax at the time of a reduction, the person or entity line 3 shall continue to be exempt under this section. line 4 (b) (1) On July 1, 2011, the tax rate specified in paragraph (1) line 5 of subdivision (a) shall be reduced to thirteen cents ($0.13) and line 6 every July 1 thereafter shall be adjusted pursuant to paragraphs line 7 (2) and (3). line 8 (2) For the 2012–13 fiscal year and each fiscal year thereafter, line 9 the board shall, on or before March 1 of the fiscal year immediately line 10 preceding the applicable fiscal year, adjust the rate reduction in line 11 paragraph (1) in that manner as to result in a revenue loss line 12 attributable to paragraph (1) that will equal the amount of revenue line 13 gain attributable to Sections 6051.8 and 6201.8, based on estimates line 14 made by the board, and that rate shall be effective during the state’s line 15 next fiscal year. line 16 (3) In order to maintain revenue neutrality for each year, line 17 beginning with the rate adjustment on or before March 1, 2013, line 18 the adjustment under paragraph (2) shall take into account the line 19 extent to which the actual amount of revenues derived pursuant to line 20 Sections 6051.8 and 6201.8 and the revenue loss attributable to line 21 this subdivision resulted in a net revenue gain or loss for the fiscal line 22 year ending prior to the rate adjustment date on or before March line 23 1. line 24 (4) The intent of paragraphs (2) and (3) is to ensure that the act line 25 adding this subdivision and Sections 6051.8 and 6201.8 does not line 26 produce a net revenue gain in state taxes. line 27 (b) In addition to the tax imposed pursuant to subdivision (a), line 28 on and after the first day of the first calendar quarter that occurs line 29 120 days after the effective date of the act amending this line 30 subdivision in the 2017–18 Regular Session, an additional tax of line 31 twenty cents ($0.20) is hereby imposed upon each gallon of diesel line 32 fuel subject to the tax in Sections 60051, 60052, and 60058. line 33 (c) Beginning July 1, 2019, and every third year thereafter, the line 34 State Board of Equalization shall recompute the rates of the taxes line 35 imposed by this section. That computation shall be made as line 36 follows: line 37 (1) The Department of Finance shall transmit to the State Board line 38 of Equalization the percentage change in the California Consumer line 39 Price Index for all items from November of three calendar years 99 AB 1— 39 — line 1 prior to November of the prior calendar year, no later than January line 2 31, 2019, and January 31 of every third year thereafter. line 3 (2) The State Board of Equalization shall do all of the following: line 4 (A) Compute an inflation adjustment factor by adding 100 line 5 percent to the percentage change figure that is furnished pursuant line 6 to paragraph (1) and dividing the result by 100. line 7 (B) Multiply the preceding tax rate per gallon by the inflation line 8 adjustment factor determined in subparagraph (A) and round off line 9 the resulting product to the nearest tenth of a cent. line 10 (C) Make its determination of the new rate no later than March line 11 1 of the same year as the effective date of the new rate. line 12 SEC. 23. Section 183.1 of the Streets and Highways Code is line 13 amended to read: line 14 183.1. (a) Notwithstanding subdivision (a) of Except as line 15 otherwise provided in Section 182 or any other provision 54237.7 line 16 of law, the Government Code, money deposited into the account line 17 that is not subject to Article XIX of the California Constitution, line 18 including, but not limited to, money that is derived from the sale line 19 of documents, charges for miscellaneous services to the public, line 20 condemnation deposits fund investments, rental of state property, line 21 or any other miscellaneous uses of property or money, may shall line 22 be used for any transportation purpose authorized by statute, upon line 23 appropriation by deposited in the Legislature or, after transfer Road line 24 Maintenance and Rehabilitation Account created pursuant to line 25 another fund, upon appropriation by the Legislature from that fund. line 26 Section 2031. line 27 (b) Commencing with the 2013–14 fiscal year, and not later line 28 than November 1 of each fiscal year thereafter, based on prior year line 29 financial statements, the Controller shall transfer the funds line 30 identified in subdivision (a) for the prior fiscal year from the State line 31 Highway Account to the Transportation Debt Service Fund in the line 32 State Transportation Fund, and those funds are continuously line 33 appropriated for the purposes specified for the Transportation Debt line 34 Service Fund. line 35 SEC. 24. Section 820.1 is added to the Streets and Highways line 36 Code, to read: line 37 820.1. (a) The State of California consents to the jurisdiction line 38 of the federal courts with regard to the compliance, discharge, or line 39 enforcement of the responsibilities assumed by the department 99 — 40 —AB 1 line 1 pursuant to Sections 326 and 327(a) of Title 23 of the United States line 2 Code. line 3 (b) In any action brought pursuant to the federal laws described line 4 in subdivision (a), no immunity from suit may be asserted by the line 5 department pursuant to the Eleventh Amendment to the United line 6 States Constitution, and any immunity is hereby waived. line 7 (c) The department shall not delegate any of its responsibilities line 8 assumed pursuant to the federal laws described in subdivision (a) line 9 to any political subdivision of the state or its instrumentalities. line 10 (d) Nothing in this section affects the obligation of the line 11 department to comply with state and federal law. line 12 SEC. 25. Chapter 2 (commencing with Section 2030) is added line 13 to Division 3 of the Streets and Highways Code, to read: line 14 line 15 Chapter 2. Road Maintenance and Rehabilitation line 16 Program line 17 line 18 2030. (a) The Road Maintenance and Rehabilitation Program line 19 is hereby created to address deferred maintenance on the state line 20 highway system and the local street and road system. Funds made line 21 available by the program shall be prioritized for expenditure on line 22 basic road maintenance and road rehabilitation projects, and on line 23 critical safety projects. For funds appropriated pursuant to line 24 paragraph (1) of subdivision (d) of Section 2032, the California line 25 Transportation Commission shall adopt performance criteria, line 26 consistent with the asset management plan required pursuant to line 27 14526.4 of the Government Code, to ensure efficient use of the line 28 funds available for these purposes in the program. line 29 (b) (1) Funds made available by the program shall be used for line 30 projects that include, but are not limited to, the following: line 31 (A) Road maintenance and rehabilitation. line 32 (B) Safety projects. line 33 (C) Railroad grade separations. line 34 (D) Complete street components, including active transportation line 35 purposes, pedestrian and bicycle safety projects, transit facilities, line 36 and drainage and stormwater capture projects in conjunction with line 37 any other allowable project. line 38 (E) Traffic control devices. 99 AB 1— 41 — line 1 (2) Funds made available by the program may also be used to line 2 satisfy a match requirement in order to obtain state or federal funds line 3 for projects authorized by this subdivision. line 4 2031. The following revenues shall be deposited in the Road line 5 Maintenance and Rehabilitation Account, which is hereby created line 6 in the State Transportation Fund: line 7 (a) The portion of the revenues in the Highway Users Tax line 8 Account attributable to the increase in the motor vehicle fuel excise line 9 tax pursuant to subparagraph (B) of paragraph (1) of subdivision line 10 (a) of Section 7360 of the Revenue and Taxation Code, as adjusted line 11 pursuant to subdivision (c) of that section. line 12 (b) The revenues from the increase in the vehicle registration line 13 fee pursuant to Section 9250.3 of the Vehicle Code, as adjusted line 14 pursuant to subdivision (b) of that section. line 15 (c) The revenues from the increase in the vehicle registration line 16 fee pursuant to Section 9250.6 of the Vehicle Code, as adjusted line 17 pursuant to subdivision (b) of that section. line 18 (d) The revenues deposited in the account pursuant to Section line 19 183.1 of the Streets and Highways Code. line 20 (e) Any other revenues designated for the program. line 21 2031.5. Each fiscal year the annual Budget Act shall contain line 22 an appropriation from the Road Maintenance and Rehabilitation line 23 Account to the Controller for the costs of carrying out his or her line 24 duties pursuant to this chapter and to the California Transportation line 25 Commission for the costs of carrying out its duties pursuant to this line 26 chapter and Section 14526.7 of the Government Code. line 27 2032. (a) (1) After deducting the amounts appropriated in the line 28 annual Budget Act, as provided in Section 2031.5, two hundred line 29 million dollars ($200,000,000) of the remaining revenues deposited line 30 in the Road Maintenance and Rehabilitation Account shall be set line 31 aside annually for counties that have sought and received voter line 32 approval of taxes or that have imposed fees, including uniform line 33 developer fees as defined by subdivision (b) of Section 8879.67 line 34 of the Government Code, which taxes or fees are dedicated solely line 35 to transportation improvements. The Controller shall each month line 36 set aside one-twelfth of this amount, to accumulate a total of two line 37 hundred million dollars ($200,000,000) in each fiscal year. line 38 (2) Notwithstanding Section 13340 of the Government Code, line 39 the funds available under this subdivision in each fiscal year are line 40 hereby continuously appropriated for allocation to each eligible 99 — 42 —AB 1 line 1 county and each city in the county for road maintenance and line 2 rehabilitation purposes pursuant to Section 2033. line 3 (b) (1) After deducting the amounts appropriated in the annual line 4 Budget Act pursuant to Section 2031.5 and the amount allocated line 5 in subdivision (a), beginning in the 2017–18 fiscal year, eighty line 6 million dollars ($80,000,000) of the remaining revenues shall be line 7 transferred annually to the State Highway Account for expenditure, line 8 upon appropriation by the Legislature, on the Active Transportation line 9 Program created pursuant to Chapter 8 (commencing with Section line 10 2380) of Division 3 to be allocated by the California Transportation line 11 Commission pursuant to Section 2381. line 12 (2) In addition to the funds transferred in paragraph (1), the line 13 department shall annually identify savings achieved through line 14 efficiencies implemented at the department. The department, line 15 through the annual budget process, shall propose, from the line 16 identified savings, an appropriation to be included in the annual line 17 Budget Act of up to seventy million dollars ($70,000,000), but not line 18 to exceed the total annual identified savings, from the State line 19 Highway Account for expenditure on the Active Transportation line 20 Program. line 21 (c) After deducting the amounts appropriated in the annual line 22 Budget Act pursuant to Section 2031.5, the amount allocated in line 23 subdivision (a) and the amount transferred in paragraph (1) of line 24 subdivision (b), in the 2017–18, 2018–19, 2019–20, and 2020–21 line 25 fiscal years, the sum of thirty million dollars ($30,000,000) in each line 26 fiscal year from the remaining revenues shall be transferred to the line 27 Advance Mitigation Fund in the State Transportation Fund created line 28 pursuant to Section 21207 of the Public Resources Code. line 29 (d) After deducting the amounts appropriated in the annual line 30 Budget Act pursuant to Section 2031.5, the amount allocated in line 31 subdivision (a), and the amounts transferred in paragraph (1) of line 32 subdivision (b) and in subdivision (c), beginning in the 2017–18 line 33 fiscal year and each fiscal year thereafter, and notwithstanding line 34 Section 13340 of the Government Code, there is hereby line 35 continuously appropriated to the California State University the line 36 sum of two million dollars ($2,000,000) from the remaining line 37 revenues for the purpose of conducting transportation research and line 38 transportation-related workforce education, training, and line 39 development, and to the institutes for transportation studies at the line 40 University of California the sum of three million dollars 99 AB 1— 43 — line 1 ($3,000,000). Prior to the start of each fiscal year, the chairs of the line 2 Assembly Committee on Transportation and the Senate Committee line 3 on Transportation and Housing shall confer and set out a line 4 recommended priority list of research components to be addressed line 5 in the upcoming fiscal year. line 6 (e) Notwithstanding Section 13340 of the Government Code, line 7 the balance of the revenues deposited in the Road Maintenance line 8 and Rehabilitation Account are hereby continuously appropriated line 9 as follows: line 10 (1) Fifty percent for allocation to the department for maintenance line 11 of the state highway system or for purposes of the state highway line 12 operation and protection program. line 13 (2) Fifty percent for apportionment to cities and counties by the line 14 Controller pursuant to the formula in clauses (i) and (ii) of line 15 subparagraph (C) of paragraph (3) of subdivision (a) of Section line 16 2103 for the purposes authorized by this chapter. line 17 2033. (a) On or before July 1, 2017, the commission, in line 18 cooperation with the department, transportation planning agencies, line 19 county transportation commissions, and other local agencies, shall line 20 develop guidelines for the allocation of funds pursuant to line 21 subdivision (a) of Section 2032. line 22 (b) The guidelines shall be the complete and full statement of line 23 the policy, standards, and criteria that the commission intends to line 24 use to determine how these funds will be allocated. line 25 (c) The commission may amend the adopted guidelines after line 26 conducting at least one public hearing. line 27 2034. (a) (1) Prior to receiving an apportionment of funds line 28 under the program pursuant to paragraph (2) of subdivision (e) of line 29 Section 2032 from the Controller in a fiscal year, an eligible city line 30 or county shall submit to the commission a list of projects proposed line 31 to be funded with these funds pursuant to an adopted city or county line 32 budget. All projects proposed to receive funding shall be included line 33 in a city or county budget that is adopted by the applicable city line 34 council or county board of supervisors at a regular public meeting. line 35 The list of projects proposed to be funded with these funds shall line 36 include a description and the location of each proposed project, a line 37 proposed schedule for the project’s completion, and the estimated line 38 useful life of the improvement. The project list shall not limit the line 39 flexibility of an eligible city or county to fund projects in 99 — 44 —AB 1 line 1 accordance with local needs and priorities so long as the projects line 2 are consistent with subdivision (b) of Section 2030. line 3 (2) The commission shall report to the Controller the cities and line 4 counties that have submitted a list of projects as described in this line 5 subdivision and that are therefore eligible to receive an line 6 apportionment of funds under the program for the applicable fiscal line 7 year. The Controller, upon receipt of the report, shall apportion line 8 funds to eligible cities and counties. line 9 (b) For each fiscal year, each city or county receiving an line 10 apportionment of funds shall, upon expending program funds, line 11 submit documentation to the commission that includes a description line 12 and location of each completed project, the amount of funds line 13 expended on the project, the completion date, and the estimated line 14 useful life of the improvement. line 15 2036. (a) Cities and counties shall maintain their existing line 16 commitment of local funds for street, road, and highway purposes line 17 in order to remain eligible for an allocation or apportionment of line 18 funds pursuant to Section 2032. line 19 (b) In order to receive an allocation or apportionment pursuant line 20 to Section 2032, the city or county shall annually expend from its line 21 general fund for street, road, and highway purposes an amount not line 22 less than the annual average of its expenditures from its general line 23 fund during the 2009–10, 2010–11, and 2011–12 fiscal years, as line 24 reported to the Controller pursuant to Section 2151. For purposes line 25 of this subdivision, in calculating a city’s or county’s annual line 26 general fund expenditures and its average general fund expenditures line 27 for the 2009–10, 2010–11, and 2011–12 fiscal years, any line 28 unrestricted funds that the city or county may expend at its line 29 discretion, including vehicle in-lieu tax revenues and revenues line 30 from fines and forfeitures, expended for street, road, and highway line 31 purposes shall be considered expenditures from the general fund. line 32 One-time allocations that have been expended for street and line 33 highway purposes, but which may not be available on an ongoing line 34 basis, including revenue provided under the Teeter Plan Bond Law line 35 of 1994 (Chapter 6.6 (commencing with Section 54773) of Part 1 line 36 of Division 2 of Title 5 of the Government Code), may not be line 37 considered when calculating a city’s or county’s annual general line 38 fund expenditures. line 39 (c) For any city incorporated after July 1, 2009, the Controller line 40 shall calculate an annual average expenditure for the period 99 AB 1— 45 — line 1 between July 1, 2009, and December 31, 2015, inclusive, that the line 2 city was incorporated. line 3 (d) For purposes of subdivision (b), the Controller may request line 4 fiscal data from cities and counties in addition to data provided line 5 pursuant to Section 2151, for the 2009–10, 2010–11, and 2011–12 line 6 fiscal years. Each city and county shall furnish the data to the line 7 Controller not later than 120 days after receiving the request. The line 8 Controller may withhold payment to cities and counties that do line 9 not comply with the request for information or that provide line 10 incomplete data. line 11 (e) The Controller may perform audits to ensure compliance line 12 with subdivision (b) when deemed necessary. Any city or county line 13 that has not complied with subdivision (b) shall reimburse the state line 14 for the funds it received during that fiscal year. Any funds withheld line 15 or returned as a result of a failure to comply with subdivision (b) line 16 shall be reapportioned to the other cities and counties whose line 17 expenditures are in compliance. line 18 (f) If a city or county fails to comply with the requirements of line 19 subdivision (b) in a particular fiscal year, the city or county may line 20 expend during that fiscal year and the following fiscal year a total line 21 amount that is not less than the total amount required to be line 22 expended for those fiscal years for purposes of complying with line 23 subdivision (b). line 24 2037. A city or county may spend its apportionment of funds line 25 under the program on transportation priorities other than those line 26 allowable pursuant to this chapter if the city’s or county’s average line 27 Pavement Condition Index meets or exceeds 80. line 28 2038. (a) The department and local agencies, as a condition line 29 of receiving funds from the program, shall adopt and implement line 30 a program designed to promote and advance construction line 31 employment and training opportunities through preapprenticeship line 32 opportunities, either by the public agency itself or through line 33 contractors engaged by the public agencies to do work funded in line 34 whole or in part by funds made available by the program. line 35 (b) The department and local agencies, as a condition of line 36 receiving funds from the program, shall ensure the involvement line 37 of the California Conservation Corps and certified community line 38 conservation corps in the delivery of projects and services funded line 39 in whole or in part by funds made available by the program. 99 — 46 —AB 1 line 1 SEC. 26. Section 2103.1 is added to the Streets and Highways line 2 Code, to read: line 3 2103.1. (a) Notwithstanding Section 2103, the revenues line 4 transferred to the Highway Users Tax Account pursuant to Sections line 5 8352.4, 8352.5, and 8352.6 of the Revenue and Taxation Code line 6 shall be distributed pursuant to the formula in paragraph (3) of line 7 subdivision (a) of Section 2103. line 8 (b) Notwithstanding subdivision (b) of Section 2103, the portion line 9 of revenues in the Highway Users Tax Account attributable to the line 10 increase in the motor vehicle fuel excise tax pursuant to line 11 subparagraph (B) of paragraph (1) of subdivision (a) of Section line 12 7360 of the Revenue and Taxation Code, as adjusted pursuant to line 13 subdivision (c) of that section, shall be transferred to the Road line 14 Maintenance and Rehabilitation Account pursuant to Section 2031. line 15 (c) Notwithstanding subdivision (b) of Section 2103, the portion line 16 of revenues in the Highway Users Tax Account attributable to the line 17 increase in the diesel fuel excise tax pursuant to subdivision (b) line 18 of Section 60050 of the Revenue and Taxation Code, as adjusted line 19 pursuant to subdivision (c) of that section, shall be transferred to line 20 the Trade Corridors Improvement Fund pursuant to Section 2192.4. line 21 SEC. 27. Section 2192 of the Streets and Highways Code is line 22 amended to read: line 23 2192. (a) (1) The Trade Corridors Improvement Fund, created line 24 pursuant to subdivision (c) of Section 8879.23 of the Government line 25 Code, is hereby continued in existence to receive revenues from line 26 state sources other than the Highway Safety, Traffic Reduction, line 27 Air Quality, and Port Security Bond Act of 2006. This chapter line 28 shall govern expenditure of those other revenues. line 29 (2) Revenues apportioned to the state under Section 167 of Title line 30 23 of the United States Code from the national highway freight line 31 program, pursuant to the federal Fixing America’s Surface line 32 Transportation Act (“FAST Act,” Public Law 114-94) shall be line 33 allocated for projects approved pursuant to this chapter. line 34 (b) This chapter shall govern the expenditure of those state and line 35 federal revenues described in subdivision (a). line 36 (b) line 37 (c) The moneys funding described in the fund from those other line 38 sources subdivision (a) shall be available upon appropriation for line 39 allocation by the California Transportation Commission for line 40 infrastructure improvements in this state on federally designated 99 AB 1— 47 — line 1 Trade Corridors of National and Regional Significance, on the line 2 Primary Freight Network, and along other corridors that have a line 3 high volume of freight movement, as determined by the line 4 commission. In determining the projects eligible for funding, the line 5 commission shall consult the Transportation Agency’s state freight line 6 plan as described in Section 13978.8 of the Government Code, the line 7 State Air Resources Board’s Sustainable Freight Strategy adopted line 8 by Resolution 14-2, Code and the trade infrastructure and goods line 9 movement plan submitted to the commission by the Secretary of line 10 Transportation and the Secretary for Environmental Protection. line 11 California Sustainable Freight Action Plan released in July 2016 line 12 pursuant to Executive Order B-32-15. The commission shall also line 13 consult trade infrastructure and goods movement plans adopted line 14 by regional transportation planning agencies, adopted regional line 15 transportation plans required by state and federal law, and the line 16 statewide applicable port master plan prepared by the California line 17 Marine and Intermodal Transportation System Advisory Council line 18 (Cal-MITSAC) pursuant to Section 1730 of the Harbors and line 19 Navigation Code, when determining eligible projects for funding. line 20 Eligible projects for these funds funding described in subdivision line 21 (a) shall further the state’s economic, environmental, and public line 22 health objectives and goals for freight policy, as articulated in the line 23 plans to be consulted pursuant to this subdivision, and may include, line 24 but are not limited to, all of the following: line 25 (1) Highway capacity improvements, rail landside access line 26 improvements, landside freight access improvements to airports, line 27 and operational improvements to more efficiently accommodate line 28 the movement of freight, particularly for ingress and egress to and line 29 from the state’s land ports of entry entry, rail terminals, and line 30 seaports, including navigable inland waterways used to transport line 31 freight between seaports, land ports of entry, and airports, and to line 32 relieve traffic congestion along major trade or goods movement line 33 corridors. line 34 (2) Freight rail system improvements to enhance the ability to line 35 move goods from seaports, land ports of entry, and airports to line 36 warehousing and distribution centers throughout California, line 37 including projects that separate rail lines from highway or local line 38 road traffic, improve freight rail mobility through mountainous line 39 regions, relocate rail switching yards, and other projects that line 40 improve the efficiency and capacity of the rail freight system. 99 — 48 —AB 1 line 1 (3) Projects to enhance the capacity and efficiency of ports. line 2 (4) Truck corridor and capital and operational improvements, line 3 including dedicated truck facilities or truck toll facilities. line 4 (5) Border access capital and operational improvements that line 5 enhance goods movement between California and Mexico and that line 6 maximize the state’s ability to access coordinated border line 7 infrastructure funds made available to the state by federal law. line 8 (6) Surface transportation and connector road improvements to line 9 effectively facilitate the movement of goods, particularly for line 10 ingress and egress to and from the state’s land ports of entry, line 11 airports, and seaports, to relieve traffic congestion along major line 12 trade or goods movement corridors. line 13 (c) line 14 (d) (1) The In selecting projects for inclusion in the program line 15 of projects to be funded with funds described in subdivision (a), line 16 the commission shall allocate funds for trade infrastructure line 17 improvements from the fund evaluate the total potential costs and line 18 total potential economic and noneconomic benefits of the program line 19 to California’s economy, environment, and public health. The line 20 commission shall consult with the State Air Resources Board in line 21 order to utilize the appropriate models, techniques, and methods line 22 to develop the parameters for evaluation of projects. The line 23 commission shall allocate the funding described in subdivision (a) line 24 for trade infrastructure improvements consistent with Section line 25 8879.52 of the Government Code and the Trade Corridors line 26 Improvement Fund (TCIF) Guidelines adopted by the commission line 27 on November 27, 2007, or as amended by the commission, and in line 28 a manner that (A) addresses the state’s most urgent needs, (B) line 29 balances the demands of various land ports of entry, seaports, and line 30 airports, (C) provides reasonable geographic balance between the line 31 state’s regions, and (D) places emphasis on projects that improve line 32 trade corridor mobility and safety while reducing emissions of line 33 diesel particulate particulates, greenhouse gases, and other line 34 pollutant emissions. pollutants, and reducing other negative line 35 community impacts, and (E) makes a significant contribution to line 36 the state’s economy. line 37 (2) In adopting amended guidelines, and developing and line 38 adopting the program of projects, the commission shall do all of line 39 the following: 99 AB 1— 49 — line 1 (A) Accept nominations for projects to be included in the line 2 program of projects from regional and local transportation line 3 agencies and the Department of Transportation. line 4 (B) Recognize the key role of the state in project identification line 5 and support integrating statewide goods movement priorities into line 6 the corridor approach. line 7 (C) Make a finding that adoption and delivery of the program line 8 of projects is in the public interest. line 9 (2) line 10 (3) In addition, the commission shall also consider the following line 11 factors when allocating these funds: line 12 (A) “Velocity,” which means the speed by which large cargo line 13 would travel from the land port of entry or seaport through the line 14 distribution system. line 15 (B) “Throughput,” which means the volume of cargo that would line 16 move from the land port of entry or seaport through the distribution line 17 system. line 18 (C) “Reliability,” which means a reasonably consistent and line 19 predictable amount of time for cargo to travel from one point to line 20 another on any given day or at any given time in California. line 21 (D) “Congestion reduction,” which means the reduction in line 22 recurrent daily hours of delay to be achieved. line 23 SEC. 28. Section 2192.1 of the Streets and Highways Code is line 24 amended to read: line 25 2192.1. (a) To the extent moneys from the Greenhouse Gas line 26 Reduction Fund, attributable to the auction or sale of allowances line 27 as part of a market-based compliance mechanism relative to line 28 reduction of greenhouse gas emissions, are transferred to the Trade line 29 Corridors Improvement Fund, projects funded with those moneys line 30 shall be subject to all of the requirements of existing law applicable line 31 to the expenditure of moneys appropriated from the Greenhouse line 32 Gas Reduction Fund, including, but not limited to, both all of the line 33 following: line 34 (1) Projects shall further the regulatory purposes of the line 35 California Global Warming Solutions Act of 2006 (Division 25.5 line 36 (commencing with Section 38500) of the Health and Safety Code), line 37 including reducing emissions from greenhouse gases in the state, line 38 directing public and private investment toward disadvantaged line 39 communities, increasing the diversity of energy sources, or creating line 40 opportunities for businesses, public agencies, nonprofits, and other 99 — 50 —AB 1 line 1 community institutions to participate in and benefit from statewide line 2 efforts to reduce emissions of greenhouse gases. line 3 (2) Projects shall be consistent with the guidance developed by line 4 the State Air Resources Board pursuant to Section 39715 of the line 5 Health and Safety Code. line 6 (3) Projects shall be consistent with the required benefits to line 7 disadvantaged communities pursuant to Section 39713 of the line 8 Health and Safety Code. line 9 (b) All allocations of funds made by the commission pursuant line 10 to this section shall be made in a manner consistent with the criteria line 11 expressed in Section 39712 of the Health and Safety Code and line 12 with the investment plan developed by the Department of Finance line 13 pursuant to Section 39716 of the Health and Safety Code. line 14 (c) For purposes of this section, “disadvantaged community” line 15 means a community with any of the following characteristics: line 16 (1) An area with a median household income less than 80 line 17 percent of the statewide median household income based on the line 18 most current census tract-level data from the American Community line 19 Survey. line 20 (2) An area identified by the California Environmental line 21 Protection Agency pursuant to Section 39711 of the Health and line 22 Safety Code. line 23 (3) An area where at least 75 percent of public school students line 24 are eligible to receive free or reduced-price meals under the line 25 National School Lunch Program. line 26 SEC. 29. Section 2192.2 of the Streets and Highways Code is line 27 amended to read: line 28 2192.2. The commission shall allocate funds made available line 29 by this chapter to projects that have identified and committed line 30 supplemental funding from appropriate local, federal, or private line 31 sources. The commission shall determine the appropriate amount line 32 of supplemental funding each project should have to be eligible line 33 for moneys from the fund based on a project-by-project review line 34 and an assessment of the project’s benefit to the state and the line 35 program. Except for border access Funded improvements described line 36 in paragraph (5) of subdivision (b) of Section 2192, improvements line 37 funded with moneys from the fund shall have supplemental funding line 38 that is at least equal to the amount of the contribution from the line 39 fund. under this chapter. The commission may give priority for 99 AB 1— 51 — line 1 funding to projects with higher levels of committed supplemental line 2 funding. line 3 SEC. 30. Section 2192.4 is added to the Streets and Highways line 4 Code, to read: line 5 2192.4. The portion of the revenues in the Highway Users Tax line 6 Account attributable to the increase in the diesel fuel excise tax line 7 pursuant to subdivision (b) of Section 60050 of the Revenue and line 8 Taxation Code, as adjusted pursuant to subdivision (c) of that line 9 section, shall be transferred to the Trade Corridors Improvement line 10 Fund. line 11 SEC. 31. Section 9250.3 is added to the Vehicle Code, to read: line 12 9250.3. (a) In addition to any other fees specified in this code line 13 or the Revenue and Taxation Code, commencing July 1, 2017, a line 14 registration fee of thirty-eight dollars ($38) shall be paid to the line 15 department for registration or renewal of registration of every line 16 vehicle subject to registration under this code, except those vehicles line 17 that are expressly exempted under this code from payment of line 18 registration fees. line 19 (b) Beginning July 1, 2019, and every third year thereafter, the line 20 Department of Motor Vehicles shall adjust the fee imposed under line 21 this section for inflation in an amount equal to the change in the line 22 California Consumer Price Index for the prior three-year period, line 23 as calculated by the Department of Finance, with amounts equal line 24 to or greater than fifty cents ($0.50) rounded to the next highest line 25 whole dollar. line 26 (c) Revenues from the fee, after the deduction of the line 27 department’s administrative costs related to this section, shall be line 28 deposited in the Road Maintenance and Rehabilitation Account line 29 created pursuant to Section 2031 of the Streets and Highways line 30 Code. line 31 SEC. 32. Section 9250.6 is added to the Vehicle Code, to read: line 32 9250.6. (a) In addition to any other fees specified in this code, line 33 or the Revenue and Taxation Code, commencing July 1, 2017, a line 34 registration fee of one hundred and sixty-five dollars ($165) shall line 35 be paid to the department for registration or renewal of registration line 36 of every zero-emission motor vehicle subject to registration under line 37 this code, except those motor vehicles that are expressly exempted line 38 under this code from payment of registration fees. line 39 (b) Beginning July 1, 2019, and every third year thereafter, the line 40 Department of Motor Vehicles shall adjust the fee imposed under 99 — 52 —AB 1 line 1 this section for inflation in an amount equal to the change in the line 2 California Consumer Price Index for the prior three-year period, line 3 as calculated by the Department of Finance, with amounts equal line 4 to or greater than fifty cents ($0.50) rounded to the next highest line 5 whole dollar. line 6 (c) Revenues from the fee, after deduction of the department’s line 7 administrative costs related to this section, shall be deposited in line 8 the Road Maintenance and Rehabilitation Account created pursuant line 9 to Section 2031 of the Streets and Highways Code. line 10 (d) This section does not apply to a commercial motor vehicle line 11 subject to Section 9400.1 or to a low-speed vehicle, as defined in line 12 Section 385.5. line 13 (e) The registration fee required pursuant to this section does line 14 not apply to the initial registration after the purchase of a new line 15 zero-emission motor vehicle. line 16 (f) For purposes of this section, “zero-emission motor vehicle” line 17 means a motor vehicle as described in subdivisions (c) and (d) of line 18 Section 44258 of the Health and Safety Code. line 19 SEC. 33. Section 9400.5 is added to the Vehicle Code, to read: line 20 9400.5. (a) Notwithstanding Sections 9400.1, 9400.4, and line 21 42205 of this code, Sections 16773 and 16965 of the Government line 22 Code, Section 2103 of the Streets and Highways Code, or any line 23 other law, weight fee revenues shall only be transferred consistent line 24 with the schedule provided in subdivision (b) from the State line 25 Highway Account to the Transportation Debt Service Fund, the line 26 Transportation Bond Direct Payment Account, or any other fund line 27 or account for the purpose of payment of the debt service on line 28 transportation general obligation bonds and shall not be loaned to line 29 the General Fund. line 30 (b) (1) The transfer of weight fee revenues, after deduction of line 31 collection costs, from the State Highway Account pursuant to line 32 subdivision (a) shall not exceed: line 33 (A) Nine hundred million dollars ($900,000,000) in the 2017–18 line 34 fiscal year. line 35 (B) Eight hundred million dollars ($800,000,000) in the 2018–19 line 36 fiscal year. line 37 (C) Seven hundred million dollars ($700,000,000) in the line 38 2019–20 fiscal year. line 39 (D) Six hundred million dollars ($600,000,000) in the 2020–21 line 40 fiscal year. 99 AB 1— 53 — line 1 (E) Five hundred million dollars ($500,000,000) in the 2021-22 line 2 fiscal year and in every fiscal year thereafter. line 3 SEC. 34. This act is an urgency statute necessary for the line 4 immediate preservation of the public peace, health, or safety within line 5 the meaning of Article IV of the Constitution and shall go into line 6 immediate effect. The facts constituting the necessity are: line 7 In order to provide additional funding for road maintenance and line 8 rehabilitation purposes as quickly as possible, it is necessary for line 9 this act to take effect immediately. O 99 — 54 —AB 1