99610-99614

PUBLIC UTILITIES CODE
SECTION 99610-99614




99610.  The Clean Air and Transportation Improvement Fund is hereby
created.


99611.  It is the intent of the people of California, in enacting
this part, that bond funds shall not be used to displace existing
sources of funds for rail and other forms of public transportation,
including, but not limited to, funds that have been provided pursuant
to Article XIX of the California Constitution, the Transportation
Planning and Development Account in the State Transportation Fund,
the Mills-Alquist-Deddeh Act (Chapter 4 (commencing with Section
99200) of Part 11), and local transportation sales taxes; that any
future comprehensive transportation funding legislation shall not
offset or reduce the amounts otherwise made available for transit
purposes by this act; and that funding for public transit should be
increased from existing sources including fuel taxes and sales tax on
fuels.



99612.  Notwithstanding Section 13340 of the Government Code, all
money deposited in the fund is hereby continuously appropriated to
the commission, without regard to fiscal years, for allocation for
grants to itself, the department, the Department of Parks and
Recreation, and to local agencies pursuant to Chapter 3 (commencing
with Section 99620).



99613.  (a) The commission shall allocate money from the fund in
accordance with the allocations specified in Chapter 3 (commencing
with Section 99620) to the department, to the Department of Parks and
Recreation, and to local agencies as grants for expenditure for the
preservation, acquisition, construction, or improvement of any of the
following:
   (1) Rights-of-way for rail purposes.
   (2) Rail terminals and stations.
   (3) Rolling stock, including locomotives, passenger cars, and
related rail equipment and facilities.
   (4) Grade separations and other improvements along rail
rights-of-way for rail purposes.
   (5) Rail maintenance facilities.
   (6) Other capital facilities deemed necessary for a specified rail
service, including soundwalls.
   (7) Capital expenditures for the purposes specified in subdivision
(b) of Section 1 of Article XIX of the California Constitution.
   (8) Paratransit vehicles, bicycle facilities, and water-borne
ferry vessels and facilities.
   (9) The project described in Section 99648.
   (b) The commission shall require each applicant for a grant
pursuant to Chapter 3 (commencing with Section 99620), including the
department, to demonstrate in its application that if the grant funds
being applied for are awarded, no other funds which were previously
planned, programmed, or approved for rail purposes will be used for
other than rail purposes.
   (c) Consistent with Section 99665, money from the fund may be used
to satisfy any federal, state or local matching fund requirement for
the project to be funded. Money from the fund may be used to provide
local matching funds for grade separations pursuant to subdivision
(c) of Section 1202 or Section 1202.5.
   (d) Authorized expenditures listed in paragraphs (1) to (7),
inclusive, of subdivision (a) are "rail projects" as defined in
subdivision (j) of Section 99602.
   (e) Grant funds shall be expended only for capital expenditures.
   (f) Projects to be funded shall include, to the greatest extent
possible, projects which integrate and facilitate transfers between
rail lines, including all rail lines for which funding is provided by
this part.



99614.  (a) Notwithstanding Section 16312 of the Government Code and
Section 99694.5 of this part, the interest on any loans made from
the Pooled Money Investment Account to the fund for the purposes of
carrying out the purposes of this part shall be paid from the General
Fund.
   (b) Notwithstanding Section 13440 of the Government Code, the
amounts required to be paid pursuant to subdivision (a) are hereby
continuously appropriated from the General Fund.
   (c) The appropriations for interest payments pursuant to
subdivision (b) are appropriations for debt service, as defined in
Section 8 of Article XIII B of the California Constitution, and are
therefore exempt from the appropriations limit set by that article.