SENATE BILL No. 45

1 AMENDED IN SENATEJUNE4, 2007 AMENDED IN SENATEAPRIL10, 2007 SENATE bill No. 45 Introduced by Senator PerataDecember22, 2006An act to add Chapter (commencing with Section )to Division 1 of Title 2 of the Government Code, relating counsel s digestSB45, as amended, Perata. Transportation funds: transit law, the Highway Safety, Traffic Reduction, Air Quality,and Port Security Bond Act of 2006, approved by the voters asProposition 1B in the November 2006 general election, establishes theHighway Safety, Traffic Reduction, Air Quality, and Port Security Fundof 2006 in the State Treasury. Specified moneys in the fund are requiredto be deposited in the Transit System Safety, Security, and DisasterResponse Account to be made available, upon appropriation by theLegislature, for capital projects that provide increased protection againsta security and safety threat, and for capital expenditures to increase thecapacity of transit operators to develop disaster response bill would establish the application process for the portion ofthese bond funds to be made available for allocations for capital projectsfrom funds appropriated from the Transit System Safety, Security, andDisaster Response Account that provide increased protection againsta security and safety threat.

2 Which allocations would be made by theOffice of Homeland Security to transit operators under 2 different97formulas. The bill would specify the categories of projects eligible forthese funds. The bill would require OHS to report to the Legislature onthe projects receiving funding under these provisions. The bill wouldalso provide for allocations by the Office of Emergency Services fromfunds appropriated from the account for capital expenditures that assisttransit operators in developing disaster response transportation systemscapable of moving goods, people, and equipment in the aftermath of : majority. Appropriation: no. Fiscal committee: local program: people of the State of California do enact as follows:12345678910111213141516171819202 1222324252627 SECTION Legislature finds and declares all of thefollowing:(a) On November 7, 2006, the people of the State of Californiaapproved Proposition 1B, the Highway Safety, Traffic Reduction,Air Quality, and Port Security Bond Act of 2006, which authorizedthe issuance of $ billion in general obligation bonds to investin high-priority improvements to the state s transportation systemand to finance strategies to improve the state s air quality.

3 (b) Among the high-priority programs contained in Proposition1B is the $1 billion Transit System Safety, Security and DisasterResponse Account, which was created to invest funds for both ofthe following purposes:(1) For capital projects that provide increased protection againstsecurity and safety threats on public transit systems.(2) For capital expenditures to increase the capacity of transitoperators, including waterborne transit operators, to developdisaster response transportation systems that can move people,goods, and emergency personnel and equipment in the aftermathof a disaster.(c) According to a 2005 survey, transit operators in Californiahave identified transit-related safety and security infrastructureneeds in excess of five hundred million dollars ($500,000,000).

4 The vast majority of the needs are on large transit systems locatedin the state s largest metropolitan and urban areas.(d) The federal Department of Homeland Security provideslimited funding to the state s transit operators for security andsafety improvements through the Urban Area Security Initiative97 2 SB45123456789101112131415161718192021222 32425262728293031323334353637383940(UASI ) program. A portion of UASI funds is distributed torecipients through the California Office of Homeland Security(OHS).(e) Transit operators, including waterborne transit operators, inCalifornia are developing disaster response transportation systemscapable of moving people, goods, and equipment in the aftermathof a disaster.(f) Funds from the Transit System Safety, Security, and DisasterResponse Account, created pursuant to subdivision (h) of of the Government Code, shall be made available to thestate s transit operators in a manner consistent with this (commencing with Section )is added to Division 1 of Title 2 of the Government Code, to read.

5 Chapter Implementation of the Transit SystemSafety, Security, and Disaster Response Provisions of theHighway Safety, Traffic Reduction, Air Quality, and PortSecurity Bond Act of (a) (1) Upon appropriation by the Legislature forthe purposes of this section, funds from the Transit System Safety,Security, and Disaster Response Account created pursuant tosubdivision (h) of Section shall be allocated by the Officeof Homeland Security (OHS) for capital projects designed toimprove the safety and security of public transit equipment,stations, and facilities.(2) Eligible projects include, but are not limited to, thefollowing:(A) Construction or renovation projects that are designed toenhance the security of public transit stations, tunnels, elevatedstructures, or other transit facilities.

6 (B) Explosive device mitigation and remediation equipment.(C) Chemical, biological, radiological, and nuclear explosives(CBRNE) search, rescue or response equipment.(D) Interoperable communications equipment.(E) Physical security enhancement equipment.(F) The installation of fencing, barriers, gates, or related securityenhancements that are designed to improve the physical securityof transit stations and facilities.(G) Other security-related projects approved by 3 1234567891011121314151617181920212223242 526272829303132333435363738(b) OHS shall allocate 75 percent of the funds made availablefor the purposes described in subdivision (a) to eligible transitoperators, including rail operators, for projects located inhigh-threat areas, as determined by risk assessments of large transitsystems conducted by the federal Office of Domestic Preparedness,pursuant to federal law that makes federal homeland security fundsavailable to the state for this purpose.

7 (c) OHS shall allocate 25 percent of the funds made availablefor the purposes described in subdivision (a) to all transit operatorsin California, including rail, bus, and water transit operators, thatreport to the National Transit Database or the Controller. OHSshall distribute the funds to eligible transit operators for eligibleprojects based on the formula used in the State and Local Programssection of the Fiscal Year 2006 Department of Homeland Securityfederal appropriations bill (HR 2360).(d) For a fiscal year in which funds are appropriated for thepurposes of this section, OHS shall issue a notice of fundingavailability no later than September 1.(e) No later than November 1 of each fiscal year in which thenotice in subdivision (d) is issued, eligible applicants may submitproject nominations for funding to OHS for its review andconsideration.

8 Project nominations shall include all of thefollowing:(1) A description of the project, which shall illustrate thephysical components of the project, and the security benefit to beachieved by the completion of the project.(2) Identification of all nonbond sources of funding committedto the project.(3) An estimate of the project s full cost and the proposedschedule for the project s completion.(f) (1) No later than the following January 15, OHS shall selecteligible projects to receive grants under this section.(2) (A) Grants awarded to projects nominated for funding undersubdivision (b) shall be awarded based on both of the followingpriorities:(i) Threat-based risk, as determined by the risk assessmentconducted pursuant to that subdivision.

9 (ii) Geographic 4 SB451234567891011121314151617(B) Grants awarded to projects nominated for funding undersubdivision (c) shall not exceed the project sponsor s share underthe formula described in that subdivision.(g) On or before the following April 1, OHS shall report to theLegislature on its activities under this chapter. The report shallinclude a summary of the projects selected for funding during thefiscal year in which grant awards were made, as well as the statusof projects selected for funding in prior fiscal appropriation by the Legislature for the purposesof this section, and subject to further conditions and criteria as theLegislature may provide, funds from the Transit System Safety,Security, and Disaster Response Account shall be allocated by theOffice of Emergency Services (OES) to project applicants forcapital expenditures that assist transit operators, including watertransit operators, in developing disaster response transportationsystems capable of moving goods, people, and equipment in theaftermath of a 5