California Senate Bill SBX824 Latest Draft

 BILL NUMBER: SBX8 24INTRODUCED BILL TEXT INTRODUCED BY Senator Ducheny FEBRUARY 3, 2010 An act to amend Section 8879.53 of the Government Code, relating to port and maritime security, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST SB 24, as introduced, Ducheny. Port and maritime security: grant program: extension. Existing law, the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006, makes specified bond proceeds available, upon appropriation by the Legislature, to the California Emergency Management Agency (Cal EMA) as grants for port, harbor, and ferry terminal security improvements. Existing law authorizes the agency to distribute these funds to eligible grant recipients, as prescribed. This bill would provide that the unencumbered balance of any funds appropriated to the agency for purposes of these grants prior to June 30, 2009, remain available to the agency for encumbrance until June 30, 2012. By increasing the duration of an existing appropriation, this bill would make an appropriation. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on January 8, 2010. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on January 8, 2010, pursuant to the California Constitution. This bill would also make technical, conforming changes. Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 8879.53 of the Government Code is amended to read: 8879.53. (a) Funds for the program contained in paragraph (3) of subdivision (c) of Section 8879.23 shall be deposited in the Port and Maritime Security Account, which is hereby created in the fund. (b) Funds in the account shall be available to the  Office of Homeland Security (OHS), within the Office of Emergency Services   California Emergency Management Agency (Cal EMA) , upon appropriation by the Legislature. Funds shall be made available as grants to eligible applicants, as defined in paragraph (3) of subdivision (c) of Section 8879.23, for capital projects that include, but are not limited to, those projects described in paragraph (3) of subdivision (c) of Section 8879.23. (c) Prior to allocating funds to projects from the account,  the OHS   agency  shall adopt guidelines to establish the criteria and process for the distribution of funds. At least 30 days prior to adopting the guidelines,  the OHS   agency  shall hold a public hearing on the proposed guidelines and shall provide opportunity for public review and comment. (d) In allocating funds from the account,  the OHS   agency  shall do the following: (1) Address the state's most urgent maritime security needs. (2) Balance the demands of the various ports (between large and small). (3) Provide reasonable geographic balance in the distribution of funds.  (e) The unencumbered balance of any funds appropriated to the agency prior to June 30, 2009, for purposes of this section, shall remain available to the agency for encumbrance pursuant to this section until June 30, 2012.   (e) The OHS's   (f)     The agency's  activities to implement this section shall be incorporated into the report to the Legislature required in paragraph (3) of subdivision (c) of Section 8879.23. SEC. 2. This act addresses the fiscal emergency declared by the Governor by proclamation on January 8, 2010, pursuant to subdivision (f) of Section 10 of Article IV of the California Constitution.