8879.57. Funds made available, upon appropriation of the
Legislature, from the Transit System Safety, Security, and Disaster
Response Account, created in subdivision (h) of Section 8879.23,
shall be allocated as follows:
(a) (1) Sixty percent of available funds shall be allocated for
capital expenditures to agencies and transit operators eligible to
receive State Transit Assistance funds pursuant to Sections 99313 and
99314 of the Public Utilities Code. Of these funds, 50 percent shall
be allocated to eligible agencies using the formula in Section 99314
of the Public Utilities Code, and 50 percent shall be allocated to
eligible agencies using the formula in Section 99313 of the Public
Utilities Code, subject to the provisions governing funds allocated
under those sections. Funds allocated to the Metropolitan
Transportation Commission pursuant to Section 99313 of the Public
Utilities Code shall be suballocated to transit operators within its
jurisdiction pursuant to Section 99314 of the Public Utilities Code.
(2) Eligible capital expenditures shall include either of the
following:
(A) A capital project that provides increased protection against a
security or safety threat, including, but not limited to, the
following:
(i) Construction or renovation projects that are designed to
enhance the security of public transit stations, tunnels, guideways,
elevated structures, or other transit facilities and equipment.
(ii) Explosive device mitigation and remediation equipment.
(iii) Chemical, biological, radiological, and nuclear explosives
search, rescue, or response equipment.
(iv) Interoperable communications equipment.
(v) Physical security enhancement equipment.
(vi) The installation of fencing, barriers, gates, or related
security enhancements that are designed to improve the physical
security of transit stations, tunnels, guideways, elevated
structures, or other transit facilities and equipment.
(vii) Other security-related projects approved by the California
Emergency Management Agency.
(B) Capital expenditures to increase the capacity of transit
operators to develop disaster response transportation systems that
can move people, goods, and emergency personnel and equipment in the
aftermath of a disaster impairing the mobility of goods, people, and
equipment.
(b) (1) Twenty-five percent of available funds shall be allocated
for capital expenditures to regional public waterborne transit
agencies authorized to operate a regional public water transit
system, including the operation of water transit vessels, terminals,
and feeder buses, and not otherwise eligible to receive State Transit
Assistance funds as of the effective date of this article. Funds
shall be allocated for eligible capital expenditures that enhance the
capacity of regional public waterborne transit agencies to provide
disaster response transportation systems that can move people, goods,
and emergency personnel and equipment in the aftermath of a disaster
or emergency.
(2) Eligible capital expenditures include, but are not limited to,
the construction or acquisition of new vessels, the capital
improvement or construction of docks, terminals, or other waterborne
transit facilities, the purchase of related equipment, and the
construction of fueling facilities. A project shall (A) provide
capital facilities and equipment to a regional public waterborne
transit system that enhances the ability of the system to respond to
a regional emergency, (B) be included in a regional plan, including,
but not limited to, a regional plan for waterborne transit expansion
or disaster response preparedness, and (C) provide maximum
flexibility in responding to disasters or emergencies.
(c) (1) Fifteen percent of available funds shall be made available
for capital expenditures to the intercity passenger rail system
described in Section 14035 and to the commuter rail systems operated
by the entities specified in Section 14072 and in Section 99314.1 of
the Public Utilities Code. Operators who receive funding pursuant to
this subdivision shall not be eligible to receive funding pursuant to
subdivision (a).
(2) Eligible capital expenditures shall include either of the
following:
(A) A capital project that provides increased protection against a
security or safety threat, including, but not limited to, the
following:
(i) Construction or renovation projects that are designed to
enhance the security of public transit stations, tunnels, guideways,
elevated structures, or other transit facilities and equipment.
(ii) Explosive device mitigation and remediation equipment.
(iii) Chemical, biological, radiological, and nuclear explosives
search, rescue, or response equipment.
(iv) Interoperable communications equipment.
(v) Physical security enhancement equipment.
(vi) The installation of fencing, barriers, gates, or related
security enhancements that are designed to improve the physical
security of transit stations, tunnels, guideways, elevated
structures, or other transit facilities and equipment.
(vii) Other security-related projects approved by the California
Emergency Management Agency.
(B) Capital expenditures to increase the capacity of transit
operators to develop disaster response transportation systems that
can move people, goods, and emergency personnel and equipment in the
aftermath of a disaster impairing the mobility of goods, people, and
equipment.
8879.58. (a) (1) No later than September 1 of the first fiscal year
in which the Legislature appropriates funds from the Transit System
Safety, Security, and Disaster Response Account, and no later than
September 1 of each fiscal year thereafter in which funds are
appropriated from that account, the Controller shall develop and make
public a list of eligible agencies and transit operators and the
amount of funds each is eligible to receive from the account pursuant
to subdivision (a) of Section 8879.57. It is the intent of the
Legislature that funds allocated to specified recipients pursuant to
this section provide each recipient with the same proportional share
of funds as the proportional share each received from the allocation
of State Transit Assistance funds, pursuant to Sections 99313 and
99314 of the Public Utilities Code, over fiscal years 2004-05,
2005-06, and 2006-07.
(2) In establishing the amount of funding each eligible recipient
is to receive under subdivision (a) of Section 8879.57 from
appropriated funds to be allocated based on Section 99313 of the
Public Utilities Code, the Controller shall make the following
computations:
(A) For each eligible recipient, compute the amounts of State
Transit Assistance funds allocated to that recipient pursuant to
Section 99313 of the Public Utilities Code during the 2004-05,
2005-06, and 2006-07 fiscal years.
(B) Compute the total statewide allocation of State Transit
Assistance funds pursuant to Section 99313 of the Public Utilities
Code during the 2004-05, 2005-06, and 2006-07 fiscal years.
(C) Divide subparagraph (A) by subparagraph (B).
(D) For each eligible recipient, multiply the allocation factor
computed pursuant to subparagraph (C) by 50 percent of the amount
available for allocation pursuant to subdivision (a) of Section
8879.57.
(3) In establishing the amount of funding each eligible recipient
is eligible to receive under subdivision (a) of Section 8879.57 from
funds to be allocated based on Section 99314 of the Public Utilities
Code, the Controller shall make the following computations:
(A) For each eligible recipient, compute the amounts of State
Transit Assistance funds allocated to that recipient pursuant to
Section 99314 of the Public Utilities Code during the 2004-05,
2005-06, and 2006-07 fiscal years.
(B) Compute the total statewide allocation of State Transit
Assistance funds pursuant to Section 99314 of the Public Utilities
Code during the 2004-05, 2005-06, and 2006-07 fiscal years.
(C) Divide subparagraph (A) by subparagraph (B).
(D) For each eligible recipient, multiply the allocation factor
computed pursuant to subparagraph (C) by 50 percent of the amount
available for allocation pursuant to subdivision (a) of Section
8879.57.
(4) The Controller shall notify eligible recipients of the amount
of funding each is eligible to receive pursuant to subdivision (a) of
Section 8879.57 for the duration of time that these funds are made
available for these purposes based on the computations pursuant to
subparagraph (D) of paragraph (2) and subparagraph (D) of paragraph
(3).
(b) Prior to seeking a disbursement of funds for an eligible
project, an agency or transit operator on the public list described
in paragraph (1) of subdivision (a) shall submit to the California
Emergency Management Agency a description of the project it proposes
to fund with its share of funds from the account. The description
shall include all of the following:
(1) A summary of the proposed project that describes the safety,
security, or emergency response benefit that the project intends to
achieve.
(2) That the useful life of the project shall not be less than the
required useful life for capital assets specified in subdivision (a)
of Section 16727.
(3) The estimated schedule for the completion of the project.
(4) The total cost of the proposed project, including
identification of all funding sources necessary for the project to be
completed.
(c) After receiving the information required to be submitted under
subdivision (b), the agency shall review the information to
determine all of the following:
(1) The project is consistent with the purposes described in
subdivision (h) of Section 8879.23.
(2) The project is an eligible capital expenditure, as described
in subdivision (a) of Section 8879.57.
(3) The project is a capital improvement that meets the
requirements of paragraph (2) of subdivision (b).
(4) The project, or a useful component thereof, is, or will
become, fully funded with an allocation of funds from the Transit
System Safety, Security, and Disaster Response Account.
(d) (1) Upon conducting the review required in subdivision (c) and
determining that a proposed project meets the requirements of that
subdivision, the agency shall, on a quarterly basis, provide the
Controller with a list of projects and the sponsoring agencies or
transit operators eligible to receive an allocation from the account.
(2) The list of projects submitted to the Controller for
allocation for any one fiscal year shall be constrained by the total
amount of funds appropriated by the Legislature for the purposes of
this section for that fiscal year.
(3) For a fiscal year in which the number of projects submitted
for funding under this section exceeds available funds, the agency
shall prioritize projects contained on the lists submitted pursuant
to paragraph (1) so that (A) projects addressing the greatest risks
to the public have the highest priority and (B) to the maximum extent
possible, the list reflects a distribution of funding that is
geographically balanced.
(e) Upon receipt of the information from the agency required by
subdivision (d), the Controller's office shall commence any necessary
actions to allocate funds to eligible agencies and transit operators
sponsoring projects on the list of projects, including, but not
limited to, seeking the issuance of bonds for that purpose. The total
allocations to any one eligible agency or transit operator shall not
exceed that agency's or transit operator's share of funds from the
account pursuant to the formula contained in subdivision (a) of
Section 8879.57.
(f) The Controller's office may, pursuant to Section 12410, use
its authority to audit the use of state bond funds on projects
receiving an allocation under this section. Each eligible agency or
transit operator sponsoring a project subject to an audit shall
provide any and all data requested by the Controller's office in
order to complete the audit. The Controller's office shall transmit
copies of all completed audits to the agency and to the policy
committees of the Legislature with jurisdiction over transportation
and budget issues.
8879.59. (a) For funds appropriated from the Transit System Safety,
Security, and Disaster Response Account for allocation to transit
agencies eligible to receive funds pursuant to subdivision (b) of
Section 8879.57, the California Emergency Management Agency (Cal EMA)
shall administer a grant application and award program for those
transit agencies.
(b) Funds awarded to transit agencies pursuant to this section
shall be for eligible capital expenditures as described in
subdivision (b) of Section 8879.57.
(c) Prior to allocating funds to projects pursuant to this
section, Cal EMA shall adopt guidelines to establish the criteria and
process for the distribution of funds described in this section.
Prior to adopting the guidelines, Cal EMA shall hold a public hearing
on the proposed guidelines.
(d) For each fiscal year in which funds are appropriated for the
purposes of this section, Cal EMA shall issue a notice of funding
availability no later than October 1.
(e) No later than December 1 of each fiscal year in which the
notice in subdivision (d) is issued, eligible transit agencies may
submit project nominations for funding to Cal EMA for its review and
consideration. Project nominations shall include all of the
following:
(1) A description of the project, which shall illustrate the
physical components of the project and the security or emergency
response benefit to be achieved by the completion of the project.
(2) Identification of all nonbond sources of funding committed to
the project.
(3) An estimate of the project's full cost and the proposed
schedule for the project's completion.
(f) No later than February 1, Cal EMA shall select eligible
projects to receive grants under this section and shall provide the
Controller with a list of the projects and the sponsoring agencies
eligible to receive an allocation from the account. Upon receipt of
this information, the Controller's office shall commence any
necessary actions to allocate funds to those agencies, including, but
not limited to, seeking the issuance of bonds for that purpose.
Grants awarded to eligible transit agencies pursuant to subdivision
(b) of Section 8879.57 shall be for eligible capital expenditures, as
described in paragraph (2) of subdivision (b) of that section.
8879.60. (a) For funds appropriated from the Transit System Safety,
Security, and Disaster Response Account for allocation to intercity
and commuter rail operators eligible to receive funds pursuant to
subdivision (c) of Section 8879.57, the California Emergency
Management Agency shall administer a grant application and award
program for those intercity and commuter rail operators.
(b) Funds awarded to intercity and commuter rail operators
pursuant to this section shall be for eligible capital expenditures
as described in subdivision (c) of Section 8879.57.
(c) Prior to allocating funds to projects pursuant to this
section, the agency shall adopt guidelines to establish the criteria
and process for the distribution of funds described in this section.
Prior to adopting the guidelines, the agency shall hold a public
hearing on the proposed guidelines.
(d) For each fiscal year in which funds are appropriated for the
purposes of this section, the agency shall issue a notice of funding
availability no later than October 1.
(e) No later than December 1 of each fiscal year in which the
notice in subdivision (d) is issued, eligible intercity and commuter
rail operators may submit project nominations for funding to the
agency for its review and consideration. Project nominations shall
include all of the following:
(1) A description of the project, which shall illustrate the
physical components of the project and the security or emergency
response benefit to be achieved by the completion of the project.
(2) Identification of all nonbond sources of funding committed to
the project.
(3) An estimate of the project's full cost and the proposed
schedule for the project's completion.
(f) No later than February 1, the agency shall select eligible
projects to receive grants under this section. Grants awarded to
intercity and commuter rail operators pursuant to subdivision (c) of
Section 8879.57 shall be for eligible capital expenditures, as
described in subparagraphs (A) and (B) of paragraph (2) of
subdivision (c) of that section.
8879.61. (a) Entities described in subdivisions (a), (b), and (c)
of Section 8879.57 receiving an allocation of funds pursuant to this
article shall expend those funds within three fiscal years of the
fiscal year in which the funds were allocated. Funds remaining
unexpended thereafter shall revert to the California Emergency
Management Agency, as applicable, for reallocation in subsequent
fiscal years.
(b) Entities that receive grant awards from funds allocated
pursuant to subdivisions (b) or (c) of Section 8879.57 are not
eligible to receive awards from the funds allocated pursuant to
subdivision (a) of Section 8879.57.
(c) Funds appropriated for the program established by this article
in the Budget Act of 2007 shall be allocated consistent with the
allocation schedule established in Section 8879.57.
8879.57. Funds made available, upon appropriation of the
Legislature, from the Transit System Safety, Security, and Disaster
Response Account, created in subdivision (h) of Section 8879.23,
shall be allocated as follows:
(a) (1) Sixty percent of available funds shall be allocated for
capital expenditures to agencies and transit operators eligible to
receive State Transit Assistance funds pursuant to Sections 99313 and
99314 of the Public Utilities Code. Of these funds, 50 percent shall
be allocated to eligible agencies using the formula in Section 99314
of the Public Utilities Code, and 50 percent shall be allocated to
eligible agencies using the formula in Section 99313 of the Public
Utilities Code, subject to the provisions governing funds allocated
under those sections. Funds allocated to the Metropolitan
Transportation Commission pursuant to Section 99313 of the Public
Utilities Code shall be suballocated to transit operators within its
jurisdiction pursuant to Section 99314 of the Public Utilities Code.
(2) Eligible capital expenditures shall include either of the
following:
(A) A capital project that provides increased protection against a
security or safety threat, including, but not limited to, the
following:
(i) Construction or renovation projects that are designed to
enhance the security of public transit stations, tunnels, guideways,
elevated structures, or other transit facilities and equipment.
(ii) Explosive device mitigation and remediation equipment.
(iii) Chemical, biological, radiological, and nuclear explosives
search, rescue, or response equipment.
(iv) Interoperable communications equipment.
(v) Physical security enhancement equipment.
(vi) The installation of fencing, barriers, gates, or related
security enhancements that are designed to improve the physical
security of transit stations, tunnels, guideways, elevated
structures, or other transit facilities and equipment.
(vii) Other security-related projects approved by the California
Emergency Management Agency.
(B) Capital expenditures to increase the capacity of transit
operators to develop disaster response transportation systems that
can move people, goods, and emergency personnel and equipment in the
aftermath of a disaster impairing the mobility of goods, people, and
equipment.
(b) (1) Twenty-five percent of available funds shall be allocated
for capital expenditures to regional public waterborne transit
agencies authorized to operate a regional public water transit
system, including the operation of water transit vessels, terminals,
and feeder buses, and not otherwise eligible to receive State Transit
Assistance funds as of the effective date of this article. Funds
shall be allocated for eligible capital expenditures that enhance the
capacity of regional public waterborne transit agencies to provide
disaster response transportation systems that can move people, goods,
and emergency personnel and equipment in the aftermath of a disaster
or emergency.
(2) Eligible capital expenditures include, but are not limited to,
the construction or acquisition of new vessels, the capital
improvement or construction of docks, terminals, or other waterborne
transit facilities, the purchase of related equipment, and the
construction of fueling facilities. A project shall (A) provide
capital facilities and equipment to a regional public waterborne
transit system that enhances the ability of the system to respond to
a regional emergency, (B) be included in a regional plan, including,
but not limited to, a regional plan for waterborne transit expansion
or disaster response preparedness, and (C) provide maximum
flexibility in responding to disasters or emergencies.
(c) (1) Fifteen percent of available funds shall be made available
for capital expenditures to the intercity passenger rail system
described in Section 14035 and to the commuter rail systems operated
by the entities specified in Section 14072 and in Section 99314.1 of
the Public Utilities Code. Operators who receive funding pursuant to
this subdivision shall not be eligible to receive funding pursuant to
subdivision (a).
(2) Eligible capital expenditures shall include either of the
following:
(A) A capital project that provides increased protection against a
security or safety threat, including, but not limited to, the
following:
(i) Construction or renovation projects that are designed to
enhance the security of public transit stations, tunnels, guideways,
elevated structures, or other transit facilities and equipment.
(ii) Explosive device mitigation and remediation equipment.
(iii) Chemical, biological, radiological, and nuclear explosives
search, rescue, or response equipment.
(iv) Interoperable communications equipment.
(v) Physical security enhancement equipment.
(vi) The installation of fencing, barriers, gates, or related
security enhancements that are designed to improve the physical
security of transit stations, tunnels, guideways, elevated
structures, or other transit facilities and equipment.
(vii) Other security-related projects approved by the California
Emergency Management Agency.
(B) Capital expenditures to increase the capacity of transit
operators to develop disaster response transportation systems that
can move people, goods, and emergency personnel and equipment in the
aftermath of a disaster impairing the mobility of goods, people, and
equipment.
8879.58. (a) (1) No later than September 1 of the first fiscal year
in which the Legislature appropriates funds from the Transit System
Safety, Security, and Disaster Response Account, and no later than
September 1 of each fiscal year thereafter in which funds are
appropriated from that account, the Controller shall develop and make
public a list of eligible agencies and transit operators and the
amount of funds each is eligible to receive from the account pursuant
to subdivision (a) of Section 8879.57. It is the intent of the
Legislature that funds allocated to specified recipients pursuant to
this section provide each recipient with the same proportional share
of funds as the proportional share each received from the allocation
of State Transit Assistance funds, pursuant to Sections 99313 and
99314 of the Public Utilities Code, over fiscal years 2004-05,
2005-06, and 2006-07.
(2) In establishing the amount of funding each eligible recipient
is to receive under subdivision (a) of Section 8879.57 from
appropriated funds to be allocated based on Section 99313 of the
Public Utilities Code, the Controller shall make the following
computations:
(A) For each eligible recipient, compute the amounts of State
Transit Assistance funds allocated to that recipient pursuant to
Section 99313 of the Public Utilities Code during the 2004-05,
2005-06, and 2006-07 fiscal years.
(B) Compute the total statewide allocation of State Transit
Assistance funds pursuant to Section 99313 of the Public Utilities
Code during the 2004-05, 2005-06, and 2006-07 fiscal years.
(C) Divide subparagraph (A) by subparagraph (B).
(D) For each eligible recipient, multiply the allocation factor
computed pursuant to subparagraph (C) by 50 percent of the amount
available for allocation pursuant to subdivision (a) of Section
8879.57.
(3) In establishing the amount of funding each eligible recipient
is eligible to receive under subdivision (a) of Section 8879.57 from
funds to be allocated based on Section 99314 of the Public Utilities
Code, the Controller shall make the following computations:
(A) For each eligible recipient, compute the amounts of State
Transit Assistance funds allocated to that recipient pursuant to
Section 99314 of the Public Utilities Code during the 2004-05,
2005-06, and 2006-07 fiscal years.
(B) Compute the total statewide allocation of State Transit
Assistance funds pursuant to Section 99314 of the Public Utilities
Code during the 2004-05, 2005-06, and 2006-07 fiscal years.
(C) Divide subparagraph (A) by subparagraph (B).
(D) For each eligible recipient, multiply the allocation factor
computed pursuant to subparagraph (C) by 50 percent of the amount
available for allocation pursuant to subdivision (a) of Section
8879.57.
(4) The Controller shall notify eligible recipients of the amount
of funding each is eligible to receive pursuant to subdivision (a) of
Section 8879.57 for the duration of time that these funds are made
available for these purposes based on the computations pursuant to
subparagraph (D) of paragraph (2) and subparagraph (D) of paragraph
(3).
(b) Prior to seeking a disbursement of funds for an eligible
project, an agency or transit operator on the public list described
in paragraph (1) of subdivision (a) shall submit to the California
Emergency Management Agency a description of the project it proposes
to fund with its share of funds from the account. The description
shall include all of the following:
(1) A summary of the proposed project that describes the safety,
security, or emergency response benefit that the project intends to
achieve.
(2) That the useful life of the project shall not be less than the
required useful life for capital assets specified in subdivision (a)
of Section 16727.
(3) The estimated schedule for the completion of the project.
(4) The total cost of the proposed project, including
identification of all funding sources necessary for the project to be
completed.
(c) After receiving the information required to be submitted under
subdivision (b), the agency shall review the information to
determine all of the following:
(1) The project is consistent with the purposes described in
subdivision (h) of Section 8879.23.
(2) The project is an eligible capital expenditure, as described
in subdivision (a) of Section 8879.57.
(3) The project is a capital improvement that meets the
requirements of paragraph (2) of subdivision (b).
(4) The project, or a useful component thereof, is, or will
become, fully funded with an allocation of funds from the Transit
System Safety, Security, and Disaster Response Account.
(d) (1) Upon conducting the review required in subdivision (c) and
determining that a proposed project meets the requirements of that
subdivision, the agency shall, on a quarterly basis, provide the
Controller with a list of projects and the sponsoring agencies or
transit operators eligible to receive an allocation from the account.
(2) The list of projects submitted to the Controller for
allocation for any one fiscal year shall be constrained by the total
amount of funds appropriated by the Legislature for the purposes of
this section for that fiscal year.
(3) For a fiscal year in which the number of projects submitted
for funding under this section exceeds available funds, the agency
shall prioritize projects contained on the lists submitted pursuant
to paragraph (1) so that (A) projects addressing the greatest risks
to the public have the highest priority and (B) to the maximum extent
possible, the list reflects a distribution of funding that is
geographically balanced.
(e) Upon receipt of the information from the agency required by
subdivision (d), the Controller's office shall commence any necessary
actions to allocate funds to eligible agencies and transit operators
sponsoring projects on the list of projects, including, but not
limited to, seeking the issuance of bonds for that purpose. The total
allocations to any one eligible agency or transit operator shall not
exceed that agency's or transit operator's share of funds from the
account pursuant to the formula contained in subdivision (a) of
Section 8879.57.
(f) The Controller's office may, pursuant to Section 12410, use
its authority to audit the use of state bond funds on projects
receiving an allocation under this section. Each eligible agency or
transit operator sponsoring a project subject to an audit shall
provide any and all data requested by the Controller's office in
order to complete the audit. The Controller's office shall transmit
copies of all completed audits to the agency and to the policy
committees of the Legislature with jurisdiction over transportation
and budget issues.
8879.59. (a) For funds appropriated from the Transit System Safety,
Security, and Disaster Response Account for allocation to transit
agencies eligible to receive funds pursuant to subdivision (b) of
Section 8879.57, the California Emergency Management Agency (Cal EMA)
shall administer a grant application and award program for those
transit agencies.
(b) Funds awarded to transit agencies pursuant to this section
shall be for eligible capital expenditures as described in
subdivision (b) of Section 8879.57.
(c) Prior to allocating funds to projects pursuant to this
section, Cal EMA shall adopt guidelines to establish the criteria and
process for the distribution of funds described in this section.
Prior to adopting the guidelines, Cal EMA shall hold a public hearing
on the proposed guidelines.
(d) For each fiscal year in which funds are appropriated for the
purposes of this section, Cal EMA shall issue a notice of funding
availability no later than October 1.
(e) No later than December 1 of each fiscal year in which the
notice in subdivision (d) is issued, eligible transit agencies may
submit project nominations for funding to Cal EMA for its review and
consideration. Project nominations shall include all of the
following:
(1) A description of the project, which shall illustrate the
physical components of the project and the security or emergency
response benefit to be achieved by the completion of the project.
(2) Identification of all nonbond sources of funding committed to
the project.
(3) An estimate of the project's full cost and the proposed
schedule for the project's completion.
(f) No later than February 1, Cal EMA shall select eligible
projects to receive grants under this section and shall provide the
Controller with a list of the projects and the sponsoring agencies
eligible to receive an allocation from the account. Upon receipt of
this information, the Controller's office shall commence any
necessary actions to allocate funds to those agencies, including, but
not limited to, seeking the issuance of bonds for that purpose.
Grants awarded to eligible transit agencies pursuant to subdivision
(b) of Section 8879.57 shall be for eligible capital expenditures, as
described in paragraph (2) of subdivision (b) of that section.
8879.60. (a) For funds appropriated from the Transit System Safety,
Security, and Disaster Response Account for allocation to intercity
and commuter rail operators eligible to receive funds pursuant to
subdivision (c) of Section 8879.57, the California Emergency
Management Agency shall administer a grant application and award
program for those intercity and commuter rail operators.
(b) Funds awarded to intercity and commuter rail operators
pursuant to this section shall be for eligible capital expenditures
as described in subdivision (c) of Section 8879.57.
(c) Prior to allocating funds to projects pursuant to this
section, the agency shall adopt guidelines to establish the criteria
and process for the distribution of funds described in this section.
Prior to adopting the guidelines, the agency shall hold a public
hearing on the proposed guidelines.
(d) For each fiscal year in which funds are appropriated for the
purposes of this section, the agency shall issue a notice of funding
availability no later than October 1.
(e) No later than December 1 of each fiscal year in which the
notice in subdivision (d) is issued, eligible intercity and commuter
rail operators may submit project nominations for funding to the
agency for its review and consideration. Project nominations shall
include all of the following:
(1) A description of the project, which shall illustrate the
physical components of the project and the security or emergency
response benefit to be achieved by the completion of the project.
(2) Identification of all nonbond sources of funding committed to
the project.
(3) An estimate of the project's full cost and the proposed
schedule for the project's completion.
(f) No later than February 1, the agency shall select eligible
projects to receive grants under this section. Grants awarded to
intercity and commuter rail operators pursuant to subdivision (c) of
Section 8879.57 shall be for eligible capital expenditures, as
described in subparagraphs (A) and (B) of paragraph (2) of
subdivision (c) of that section.
8879.61. (a) Entities described in subdivisions (a), (b), and (c)
of Section 8879.57 receiving an allocation of funds pursuant to this
article shall expend those funds within three fiscal years of the
fiscal year in which the funds were allocated. Funds remaining
unexpended thereafter shall revert to the California Emergency
Management Agency, as applicable, for reallocation in subsequent
fiscal years.
(b) Entities that receive grant awards from funds allocated
pursuant to subdivisions (b) or (c) of Section 8879.57 are not
eligible to receive awards from the funds allocated pursuant to
subdivision (a) of Section 8879.57.
(c) Funds appropriated for the program established by this article
in the Budget Act of 2007 shall be allocated consistent with the
allocation schedule established in Section 8879.57.
8879.57. Funds made available, upon appropriation of the
Legislature, from the Transit System Safety, Security, and Disaster
Response Account, created in subdivision (h) of Section 8879.23,
shall be allocated as follows:
(a) (1) Sixty percent of available funds shall be allocated for
capital expenditures to agencies and transit operators eligible to
receive State Transit Assistance funds pursuant to Sections 99313 and
99314 of the Public Utilities Code. Of these funds, 50 percent shall
be allocated to eligible agencies using the formula in Section 99314
of the Public Utilities Code, and 50 percent shall be allocated to
eligible agencies using the formula in Section 99313 of the Public
Utilities Code, subject to the provisions governing funds allocated
under those sections. Funds allocated to the Metropolitan
Transportation Commission pursuant to Section 99313 of the Public
Utilities Code shall be suballocated to transit operators within its
jurisdiction pursuant to Section 99314 of the Public Utilities Code.
(2) Eligible capital expenditures shall include either of the
following:
(A) A capital project that provides increased protection against a
security or safety threat, including, but not limited to, the
following:
(i) Construction or renovation projects that are designed to
enhance the security of public transit stations, tunnels, guideways,
elevated structures, or other transit facilities and equipment.
(ii) Explosive device mitigation and remediation equipment.
(iii) Chemical, biological, radiological, and nuclear explosives
search, rescue, or response equipment.
(iv) Interoperable communications equipment.
(v) Physical security enhancement equipment.
(vi) The installation of fencing, barriers, gates, or related
security enhancements that are designed to improve the physical
security of transit stations, tunnels, guideways, elevated
structures, or other transit facilities and equipment.
(vii) Other security-related projects approved by the California
Emergency Management Agency.
(B) Capital expenditures to increase the capacity of transit
operators to develop disaster response transportation systems that
can move people, goods, and emergency personnel and equipment in the
aftermath of a disaster impairing the mobility of goods, people, and
equipment.
(b) (1) Twenty-five percent of available funds shall be allocated
for capital expenditures to regional public waterborne transit
agencies authorized to operate a regional public water transit
system, including the operation of water transit vessels, terminals,
and feeder buses, and not otherwise eligible to receive State Transit
Assistance funds as of the effective date of this article. Funds
shall be allocated for eligible capital expenditures that enhance the
capacity of regional public waterborne transit agencies to provide
disaster response transportation systems that can move people, goods,
and emergency personnel and equipment in the aftermath of a disaster
or emergency.
(2) Eligible capital expenditures include, but are not limited to,
the construction or acquisition of new vessels, the capital
improvement or construction of docks, terminals, or other waterborne
transit facilities, the purchase of related equipment, and the
construction of fueling facilities. A project shall (A) provide
capital facilities and equipment to a regional public waterborne
transit system that enhances the ability of the system to respond to
a regional emergency, (B) be included in a regional plan, including,
but not limited to, a regional plan for waterborne transit expansion
or disaster response preparedness, and (C) provide maximum
flexibility in responding to disasters or emergencies.
(c) (1) Fifteen percent of available funds shall be made available
for capital expenditures to the intercity passenger rail system
described in Section 14035 and to the commuter rail systems operated
by the entities specified in Section 14072 and in Section 99314.1 of
the Public Utilities Code. Operators who receive funding pursuant to
this subdivision shall not be eligible to receive funding pursuant to
subdivision (a).
(2) Eligible capital expenditures shall include either of the
following:
(A) A capital project that provides increased protection against a
security or safety threat, including, but not limited to, the
following:
(i) Construction or renovation projects that are designed to
enhance the security of public transit stations, tunnels, guideways,
elevated structures, or other transit facilities and equipment.
(ii) Explosive device mitigation and remediation equipment.
(iii) Chemical, biological, radiological, and nuclear explosives
search, rescue, or response equipment.
(iv) Interoperable communications equipment.
(v) Physical security enhancement equipment.
(vi) The installation of fencing, barriers, gates, or related
security enhancements that are designed to improve the physical
security of transit stations, tunnels, guideways, elevated
structures, or other transit facilities and equipment.
(vii) Other security-related projects approved by the California
Emergency Management Agency.
(B) Capital expenditures to increase the capacity of transit
operators to develop disaster response transportation systems that
can move people, goods, and emergency personnel and equipment in the
aftermath of a disaster impairing the mobility of goods, people, and
equipment.
8879.58. (a) (1) No later than September 1 of the first fiscal year
in which the Legislature appropriates funds from the Transit System
Safety, Security, and Disaster Response Account, and no later than
September 1 of each fiscal year thereafter in which funds are
appropriated from that account, the Controller shall develop and make
public a list of eligible agencies and transit operators and the
amount of funds each is eligible to receive from the account pursuant
to subdivision (a) of Section 8879.57. It is the intent of the
Legislature that funds allocated to specified recipients pursuant to
this section provide each recipient with the same proportional share
of funds as the proportional share each received from the allocation
of State Transit Assistance funds, pursuant to Sections 99313 and
99314 of the Public Utilities Code, over fiscal years 2004-05,
2005-06, and 2006-07.
(2) In establishing the amount of funding each eligible recipient
is to receive under subdivision (a) of Section 8879.57 from
appropriated funds to be allocated based on Section 99313 of the
Public Utilities Code, the Controller shall make the following
computations:
(A) For each eligible recipient, compute the amounts of State
Transit Assistance funds allocated to that recipient pursuant to
Section 99313 of the Public Utilities Code during the 2004-05,
2005-06, and 2006-07 fiscal years.
(B) Compute the total statewide allocation of State Transit
Assistance funds pursuant to Section 99313 of the Public Utilities
Code during the 2004-05, 2005-06, and 2006-07 fiscal years.
(C) Divide subparagraph (A) by subparagraph (B).
(D) For each eligible recipient, multiply the allocation factor
computed pursuant to subparagraph (C) by 50 percent of the amount
available for allocation pursuant to subdivision (a) of Section
8879.57.
(3) In establishing the amount of funding each eligible recipient
is eligible to receive under subdivision (a) of Section 8879.57 from
funds to be allocated based on Section 99314 of the Public Utilities
Code, the Controller shall make the following computations:
(A) For each eligible recipient, compute the amounts of State
Transit Assistance funds allocated to that recipient pursuant to
Section 99314 of the Public Utilities Code during the 2004-05,
2005-06, and 2006-07 fiscal years.
(B) Compute the total statewide allocation of State Transit
Assistance funds pursuant to Section 99314 of the Public Utilities
Code during the 2004-05, 2005-06, and 2006-07 fiscal years.
(C) Divide subparagraph (A) by subparagraph (B).
(D) For each eligible recipient, multiply the allocation factor
computed pursuant to subparagraph (C) by 50 percent of the amount
available for allocation pursuant to subdivision (a) of Section
8879.57.
(4) The Controller shall notify eligible recipients of the amount
of funding each is eligible to receive pursuant to subdivision (a) of
Section 8879.57 for the duration of time that these funds are made
available for these purposes based on the computations pursuant to
subparagraph (D) of paragraph (2) and subparagraph (D) of paragraph
(3).
(b) Prior to seeking a disbursement of funds for an eligible
project, an agency or transit operator on the public list described
in paragraph (1) of subdivision (a) shall submit to the California
Emergency Management Agency a description of the project it proposes
to fund with its share of funds from the account. The description
shall include all of the following:
(1) A summary of the proposed project that describes the safety,
security, or emergency response benefit that the project intends to
achieve.
(2) That the useful life of the project shall not be less than the
required useful life for capital assets specified in subdivision (a)
of Section 16727.
(3) The estimated schedule for the completion of the project.
(4) The total cost of the proposed project, including
identification of all funding sources necessary for the project to be
completed.
(c) After receiving the information required to be submitted under
subdivision (b), the agency shall review the information to
determine all of the following:
(1) The project is consistent with the purposes described in
subdivision (h) of Section 8879.23.
(2) The project is an eligible capital expenditure, as described
in subdivision (a) of Section 8879.57.
(3) The project is a capital improvement that meets the
requirements of paragraph (2) of subdivision (b).
(4) The project, or a useful component thereof, is, or will
become, fully funded with an allocation of funds from the Transit
System Safety, Security, and Disaster Response Account.
(d) (1) Upon conducting the review required in subdivision (c) and
determining that a proposed project meets the requirements of that
subdivision, the agency shall, on a quarterly basis, provide the
Controller with a list of projects and the sponsoring agencies or
transit operators eligible to receive an allocation from the account.
(2) The list of projects submitted to the Controller for
allocation for any one fiscal year shall be constrained by the total
amount of funds appropriated by the Legislature for the purposes of
this section for that fiscal year.
(3) For a fiscal year in which the number of projects submitted
for funding under this section exceeds available funds, the agency
shall prioritize projects contained on the lists submitted pursuant
to paragraph (1) so that (A) projects addressing the greatest risks
to the public have the highest priority and (B) to the maximum extent
possible, the list reflects a distribution of funding that is
geographically balanced.
(e) Upon receipt of the information from the agency required by
subdivision (d), the Controller's office shall commence any necessary
actions to allocate funds to eligible agencies and transit operators
sponsoring projects on the list of projects, including, but not
limited to, seeking the issuance of bonds for that purpose. The total
allocations to any one eligible agency or transit operator shall not
exceed that agency's or transit operator's share of funds from the
account pursuant to the formula contained in subdivision (a) of
Section 8879.57.
(f) The Controller's office may, pursuant to Section 12410, use
its authority to audit the use of state bond funds on projects
receiving an allocation under this section. Each eligible agency or
transit operator sponsoring a project subject to an audit shall
provide any and all data requested by the Controller's office in
order to complete the audit. The Controller's office shall transmit
copies of all completed audits to the agency and to the policy
committees of the Legislature with jurisdiction over transportation
and budget issues.
8879.59. (a) For funds appropriated from the Transit System Safety,
Security, and Disaster Response Account for allocation to transit
agencies eligible to receive funds pursuant to subdivision (b) of
Section 8879.57, the California Emergency Management Agency (Cal EMA)
shall administer a grant application and award program for those
transit agencies.
(b) Funds awarded to transit agencies pursuant to this section
shall be for eligible capital expenditures as described in
subdivision (b) of Section 8879.57.
(c) Prior to allocating funds to projects pursuant to this
section, Cal EMA shall adopt guidelines to establish the criteria and
process for the distribution of funds described in this section.
Prior to adopting the guidelines, Cal EMA shall hold a public hearing
on the proposed guidelines.
(d) For each fiscal year in which funds are appropriated for the
purposes of this section, Cal EMA shall issue a notice of funding
availability no later than October 1.
(e) No later than December 1 of each fiscal year in which the
notice in subdivision (d) is issued, eligible transit agencies may
submit project nominations for funding to Cal EMA for its review and
consideration. Project nominations shall include all of the
following:
(1) A description of the project, which shall illustrate the
physical components of the project and the security or emergency
response benefit to be achieved by the completion of the project.
(2) Identification of all nonbond sources of funding committed to
the project.
(3) An estimate of the project's full cost and the proposed
schedule for the project's completion.
(f) No later than February 1, Cal EMA shall select eligible
projects to receive grants under this section and shall provide the
Controller with a list of the projects and the sponsoring agencies
eligible to receive an allocation from the account. Upon receipt of
this information, the Controller's office shall commence any
necessary actions to allocate funds to those agencies, including, but
not limited to, seeking the issuance of bonds for that purpose.
Grants awarded to eligible transit agencies pursuant to subdivision
(b) of Section 8879.57 shall be for eligible capital expenditures, as
described in paragraph (2) of subdivision (b) of that section.
8879.60. (a) For funds appropriated from the Transit System Safety,
Security, and Disaster Response Account for allocation to intercity
and commuter rail operators eligible to receive funds pursuant to
subdivision (c) of Section 8879.57, the California Emergency
Management Agency shall administer a grant application and award
program for those intercity and commuter rail operators.
(b) Funds awarded to intercity and commuter rail operators
pursuant to this section shall be for eligible capital expenditures
as described in subdivision (c) of Section 8879.57.
(c) Prior to allocating funds to projects pursuant to this
section, the agency shall adopt guidelines to establish the criteria
and process for the distribution of funds described in this section.
Prior to adopting the guidelines, the agency shall hold a public
hearing on the proposed guidelines.
(d) For each fiscal year in which funds are appropriated for the
purposes of this section, the agency shall issue a notice of funding
availability no later than October 1.
(e) No later than December 1 of each fiscal year in which the
notice in subdivision (d) is issued, eligible intercity and commuter
rail operators may submit project nominations for funding to the
agency for its review and consideration. Project nominations shall
include all of the following:
(1) A description of the project, which shall illustrate the
physical components of the project and the security or emergency
response benefit to be achieved by the completion of the project.
(2) Identification of all nonbond sources of funding committed to
the project.
(3) An estimate of the project's full cost and the proposed
schedule for the project's completion.
(f) No later than February 1, the agency shall select eligible
projects to receive grants under this section. Grants awarded to
intercity and commuter rail operators pursuant to subdivision (c) of
Section 8879.57 shall be for eligible capital expenditures, as
described in subparagraphs (A) and (B) of paragraph (2) of
subdivision (c) of that section.
8879.61. (a) Entities described in subdivisions (a), (b), and (c)
of Section 8879.57 receiving an allocation of funds pursuant to this
article shall expend those funds within three fiscal years of the
fiscal year in which the funds were allocated. Funds remaining
unexpended thereafter shall revert to the California Emergency
Management Agency, as applicable, for reallocation in subsequent
fiscal years.
(b) Entities that receive grant awards from funds allocated
pursuant to subdivisions (b) or (c) of Section 8879.57 are not
eligible to receive awards from the funds allocated pursuant to
subdivision (a) of Section 8879.57.
(c) Funds appropriated for the program established by this article
in the Budget Act of 2007 shall be allocated consistent with the
allocation schedule established in Section 8879.57.
