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"Calif. SB 1279 - Bond act: antiterrorism safety"



Title: Message
BILL NUMBER: SB 1279	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senators Murray and Romero
   (Coauthors: Assembly Members Alquist, Cardenas, Havice, Kehoe,
Strom-Martin, and Wiggins)

                        JANUARY 16, 2002

   An act to add and repeal Chapter 15 (commencing with Section
8899.50) of Division 1 of Title 2 of the Government Code, relating to
financing a program for antiterrorism safety, by providing the funds
necessary therefor through the issuance and sale of bonds of the
State of California and by providing for the handling and disposition
of those funds.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1279, as introduced, Murray.  Bond act: antiterrorism safety.
   Under existing law, programs have been established pursuant to
bond acts for the improvement of public facilities, seismic safety,
law enforcement, veterans' aid, senior services, clean water, clean
air and transportation, hazardous substance cleanup, and other public
purposes.
   This bill would enact the California Antiterrorism Safety Bond Act
of 2002, which, if adopted, would authorize, for the purpose of
financing a program for antiterrorism safety, the issuance of bonds
in an unspecified amount pursuant to the State General Obligation
Bond Law.
   The bill would require the Secretary of State to submit the bond
act to the voters at a statewide general election.
   Vote:  2/3.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Chapter 15 (commencing with Section 8899.50) is added
to Division 1 of Title 2 of the Government Code, to read:

      CHAPTER 15.  THE CALIFORNIA ANTITERRORISM SAFETY BOND ACT OF
2002
      Article 1.  General Provisions

   8899.50.  This chapter shall be known and may be cited as the
California Antiterrorism Safety Bond Act of 2002.
   8899.51.  The Legislature finds and declares as follows:
   (a) California and the United States suffered a horrendous
atrocity when terrorists attacked the World Trade Center in New York
City and the Pentagon in Washington, D.C. on Tuesday, September 11,
2001.
   (b) Among the innocent Americans killed in these attacks were some
of our bravest and finest fire, police, and rescue personnel, who
gave their lives to save their fellow citizens.
   (c) Californians answered the call to provide aid, relief, and
solace to those families and friends who were directly affected by
these terrorist attacks.
   (d) Californians have shown compassion, resilience, and resolve in
their commitment to the defense of our nation and are unbowed in the
face of our nation's perils.
   (e) Californians believe the state has a significant role in
aiding the nation's defense of our airports, borders, harbors, and
water and energy sources.
   (f) The need for California to heighten the level of security and
ensure public safety has never been more prevalent than now.
California's efforts to increase and reduce terrorist activities
should be encouraged and supported.
   (g) The completion of security and safety retrofit work in
California is essential to public safety as well as the welfare and
economy of the state.
   (h) Hundreds of local government buildings are vulnerable to
terrorist or domestic attacks and continue to be a serious danger to
the lives of local government employees and the people who must visit
and depend on those buildings in which vital services are often
provided.
   (i) It is the responsibility of state and local governments, to
the greatest extent possible, to provide their employees and the
public throughout the state with buildings that are safe, accessible,
and able to withstand terrorist attacks without endangering
occupants or significantly disrupting the performance of essential
services.
   (j) Therefore, the purpose of this bond act is to do both of the
following:
   (1) Fund the construction, acquisition, retrofit, reconstruction,
upgrade, or repair of qualifying structures in this state.
   (2) Provide financial assistance to law enforcement, local
governments, and airport and seaport agencies for security
improvements or enhancements to California's airports, borders,
harbors, highways, and waterways in order to ensure the safety and
security of all Californians.
   8899.52.  It is the intent of the Legislature to ensure that the
work funded pursuant to this chapter is completed as quickly as
possible, consistent with the prudent use of the funds provided
pursuant to this chapter.
   8899.53.  As used in this chapter, the following terms have the
following meaning:
   (a) "Acquisition" means to purchase land, facilities, or equipment
necessary to reduce the possibility or effects of a terrorist
attack, so as to significantly reduce hazards to life safety while
concurrently providing for the substantial safety of occupants during
and immediately after an attack.
   (b) "Board" and "department" mean the Department of General
Services.
   (c) "Committee" means the Antiterrorism Safety Finance Committee
created pursuant to subdivision (a) of Section 8899.
   (d) "Construction" means to build a facility in order to reduce
the possibility or effects of an attack, so as to significantly
reduce hazards to life safety while concurrently providing for
substantial safety of occupants during and immediately after an
attack.
   (e) "Fund" means the California Antiterrorism Safety Bond Fund of
2002 created pursuant to Section 8899.55.
   (f) "Local government" means any city, county, city and county, or
special district.
   (g) "Local government building or facility" means an essential
services building, as defined by Section 16007 of the Health and
Safety Code, or an emergency or public safety local building, that is
owned by a local government.  Local government buildings shall not
include those owned by private for-profit or private nonprofit
corporations, or those owned by any combination, consortium, or joint
powers agreement that includes a private nonprofit corporation.
   (h) "Retrofit" means to enhance the structure of a building or
facility in order to provide the means necessary to reduce the
possibility or effects of an attack, so as to significantly reduce
hazards to life safety while concurrently providing for a
substantially safe way out for occupants during and immediately after
an attack.
   (i) "Retrofit project" means any change to a structure that
results in improved resistance to terrorist attacks.  For local
government buildings, "retrofit project" or "project" means a program
of work to retrofit, reconstruct, repair, replace, or relocate a
building or facility that is owned by any local government and that
is included in an application for a grant of funds.
   (j) "Seaport or airport agency" means a port serving a large
metropolitan area.

      Article 2.  California Antiterrorism Safety Bond Fund of 2002

   8899.55  The California Antiterrorism Safety Bond Fund of 2002 is
hereby created in the State Treasury.  The proceeds of bonds issued
and sold pursuant to this chapter shall be deposited in the fund, and
shall be available, upon appropriation by the Legislature, for
expenditure pursuant to this chapter, only for the following
purposes:
   (a) ____ hundred million dollars ($____) for law enforcement
projects.
   (b) ____ hundred million dollars ($____) for seaport projects.
   (c) ____ hundred million dollars ($____) for airport projects.
   (d) ____ hundred million dollars ($____) for local government
building retrofit projects pursuant to Article 3 (commencing with
Section 8899.60).
   (e) ____ dollars ($____) for equipment projects pursuant to
Article 4 (commencing with Section 8899.75).
   8899.56.  Funds expended pursuant to Section 8899.55 shall be
utilized for the following purposes:
   (a) Financial assistance for the costs of construction,
acquisition, retrofitting, reconstructing, repairing, replacing, or
relocating unsafe buildings or facilities.
   (b) Financial assistance for the costs of working drawings, plan
reviews, and inspections to effect a significant life hazard
reduction.  The costs of preliminary plans may be reimbursed from an
appropriation by the Legislature for the project.  Reasonable
administrative costs of administering state agencies also may be
reimbursed by an appropriation by the Legislature from the fund.
   (c) For the administrative costs of the department that are
directly associated with the development, implementation, deployment,
and management of the programs and activities authorized under this
chapter, funds in an  amount not to exceed 5 percent of the amounts
awarded under this chapter may be expended by the department.  Any
expenditure of funds under this section for educational materials,
advertisements about the availability of funding, or other purposes
related to informing the public about the program shall first be
reviewed by and, upon the recommendation of ____, adopted by the
Legislature in the annual Budget Act or other legislation.
   8899.57.  (a) The department shall use the funds specified in
subdivision (d) of Section 8899.55 for qualifying local government
building retrofit projects.  Those projects shall be limited to
existing local government buildings or facilities that provide
essential services or emergency or public safety services, including,
but not limited to, county hospitals, courthouses, and city halls,
that meet the requirements of Article 3 (commencing with Section
8899.60) and for which local matching funds equaling at least ____
percent of the total costs of the security rehabilitation portion of
the project are guaranteed.
   (b) These funds may be used to match any available federal funds
for construction, retrofit, or mitigation purposes or may be used
without matching federal funds to support retrofit projects.
   8899.58.  (a) Notwithstanding any other provision of this chapter,
the department may, to further the objectives of this chapter, and
if appropriated by the Legislature, use up to 3 percent of the
proceeds of the bonds issued and sold pursuant of this chapter that
are deposited into the fund to research methods, techniques, and
technologies to identify and analyze existing potentially hazardous
buildings and facilities, including, but not limited to, techniques
and technologies for security and safety retrofitting of the
buildings, as well as helping to develop and prepare security and
safety standards and administrative regulations relating to the
retrofitting of the buildings for safety purposes.
   (b) All research funds appropriated for the purposes of this
section shall be administered and disbursed according to guidelines
established by the department that shall set forth the terms and
conditions upon which the department is prepared to fund research
projects pursuant to this section. The guidelines shall not
constitute rules, regulations, orders, or standards of general
application.

      Article 3.  Local Government Building Retrofit Program

   8899.60.  The department shall establish criteria for local
government building projects potentially eligible for an
appropriation from the Legislature pursuant to this chapter based on
factors that include the populations at risk of injury and the
cost-effectiveness of remedial actions.
   8899.61.  Applications for funds for local government building
projects shall be made to the department in the form and with the
supporting material prescribed by the department.
   8899.62.  Any allocation of bond funds pursuant to this article
may include provisions as agreed by the parties thereto, and the
contract shall include, but not limited to, all of the following:
   (a) An estimate of the reasonable cost of the project.
   (b) An agreement by the department to grant to the local
government, during the progress of construction or following
completion of construction as agreed by the parties, an amount equal
to no more than _____ percent of the portion of construction costs
found by the department to be eligible for a state grant.
   (c) An agreement by the local government to (1) proceed
expeditiously with, and complete, the project, (2) commence operation
of the project upon completion thereof, (3) properly operate and
maintain the project in accordance with the applicable provisions of
law, and (4) provide for payment of the local government's share of
the cost of the project.
   8899.63.  At least ____ percent of the total cost for the project
shall be paid by the local government.
   8899.64.  (a) Allocations made by the department to local
governments may be made with respect to all or any part of a building
or facility, but the allocations shall be used only for
retrofitting.
   (b) Allocations shall be limited to the rehabilitation portion of
an improvement project, as determined by the department.  To the
extent that other elements of work are proposed, a cost-sharing
formula shall be developed by the department for the planning and
design costs for the total project. Any proposal for a project
addressing more than retrofitting shall include a certification by
the project architect or consulting engineer of the portion of the
cost required for the eligible improvements.
   (c) The retrofitting portion of any project shall, to the greatest
extent possible, be conducted during the same general period of time
that life safety hazards, including, but not limited to,
asbestos-related hazards or fire and panic safety hazards, are
abated, or when periodic renovation or maintenance of the essential
services building is performed.
   8899.65.  Upon receipt of an application by a local government for
a grant pursuant to this article, the department may propose
improvements to the project that will meet regional needs in a
cost-effective manner.  These improvements may include, but need not
be limited to, structural strengthening, hardening of communication
equipment, providing emergency power equipment, and other capital
improvements that can be demonstrated as part of an emergency
response plan that has a description of the critical facilities
needed to support emergency response.  The department and the
applicant may agree to include these capital improvements in the
grant.
   8899.66.  An application for an allocation pursuant to this
article shall not be recommended for approval by the department
unless the project meets the minimum safety standards as established
by the department.  Preliminary design work, including preliminary
plans and a detailed costs estimate for the project, shall be
completed and submitted with the application.
   8899.67.  A local government, to be eligible for funding, shall
have an emergency plan approved by the Office of Emergency Services
as being consistent with the state planning guidelines and the State
Emergency Plan and the most recent catastrophic emergency response
plan.  The local government shall also have a priority list that
identifies those facilities that are not expected to be operational
after a major attack and that are critical to carrying out the
emergency plan.
   8899.68.  Operation and maintenance costs shall be the
responsibility of the grantee and shall not be considered as part of
the project costs.  Costs for planning preliminary engineering
studies, including preliminary plans, may be reimbursed following the
receipt of an allocation of funds, subject to approval by the
department.
   8899.69.  Funds allocated pursuant to this article shall be
available for expenditure by the local government within three years
of the awarding of the allocation.
   8899.70.  The department, after public notice and hearing, shall
establish guidelines necessary to carry out the purposes of this
article.  The guidelines shall include, but not be limited to,
criteria and procedures for establishing the eligibility of the
applicant, and provisions for establishing an adequate emergency
response capability after a major attack.  The guidelines may provide
for the denial of funds when the purposes of this article may most
economically and efficiently be attained by means other than the
construction of the proposed project.  The department may
subsequently revise the guidelines as necessary for any other reason
to carry out the purposes of this article.  The guidelines shall not
constitute rules, regulations, orders, or standards of general
application.

      Article 4.  Special Grants for Equipment

   8899.75.  (a) Grants shall be awarded pursuant to this article for
equipment necessary to ensure the public safety against terrorists
or domestic attacks.  The Treasurer shall determine the amount of
each grant based on available funding, not to exceed one hundred
fifty thousand dollars ($150,000) for any one grant, for the purchase
of equipment that may include, but is not limited to, any of the
following:
   (1) Surveillance cameras.
   (2) Forms of biometric technology.
   (3) X-ray, ultrasound, and laser scanners.
   (4) Cargo scanners.
   (5) Radiation monitors.
   (6) Other devices capable of detecting weapons of mass
destruction, including chemical, biological, or other similar
substances.
   (b) Each proposal for a grant under this section shall include all
of the following:
   (1) The name of the individual or entity responsible for
conducting the project.
   (2) A succinct statement of the purposes of the project.
   (3) A description of the qualifications of the individuals who
will conduct the project.
   (4) An estimate of the funds and time required to complete the
project.
   (5) Evidence of support for the project by appropriate municipal
and county representatives in which the project will be conducted.
   (6) Information regarding the source and amount of matching
funding available to the applicant, as appropriate.
   (7) Any other information that the Treasurer considers to be
necessary for evaluating the eligibility of the project for funding
under this section.

      Article 5.  Fiscal Provisions

   8899.80.  Bonds in the total amount of ____ dollars ($____),
exclusive of refunding bonds, or so much thereof as is necessary, may
be issued and sold to provide funds to be used for carrying out the
purposes expressed in this chapter and to reimburse the General
Obligation Bond Expense Revolving Fund pursuant to Section 16724.5.
The bonds when sold, shall be and constitute a valid and legally
binding obligation of the state, and the full faith and credit of the
state is hereby pledged for the punctual payment of both principal
of, and interest on, the bonds as the principal and interest become
due and payable.
   8899.81.  The bonds authorized by this chapter shall be prepared,
executed, issued, sold, paid, and redeemed as provided in the State
General Obligation Bond Law (Chapter 4 (commencing with Section
16720) of Part 3 of Division 4), except Section 16727, and all of the
other provisions of that law apply to the bonds and to this chapter
and are hereby incorporated in this chapter as though set forth in
full in this chapter.
   8899.82.  (a) Solely for the purpose of authorizing the issuance
and sale, pursuant to the State General Obligation Bond Law, of the
bonds authorized by this division, the Antiterrorism Safety Finance
Committee is hereby created.  For purposes of this division, the
Antiterrorism Safety Finance Committee is "the committee" as that
term is used in the State General Obligation Bond Law.  The committee
consists of the Governor, the Controller, the Director of Finance,
the Treasurer, and the secretary, or their designated
representatives.  The Treasurer shall serve as chairperson of the
committee.  A majority of the committee may act for the committee.
   (b) For the purposes of the State General Obligation Bond Law, the
department is designated "the board."
   (c) Upon request of the board stating that funds are needed for
the purposes of this chapter, the committee shall determine whether
or not it is necessary or desirable to issue bonds authorized
pursuant to this chapter in order to carry out the actions specified
in this chapter, and, if so, the amount of bonds to be issued and
sold.  Successive issues of bonds may be authorized and sold to carry
out those actions progressively, and it is not necessary that all of
the bonds authorized to be issued be sold at any one time.
   8899.83.  (a) There shall be collected each year and in the same
manner and at the same time as other state revenue is collected, in
addition to the ordinary revenues of the state, a sum in an amount
required to pay the principal of, and interest on, the bonds each
year.  It is the duty of all officers charged by law with any duty in
regard to the collection of the revenue to do and perform each and
every act that is necessary to collect that additional sum.
   (b) Notwithstanding Section 13340, there is hereby appropriated
from the General Fund, for the purposes of this chapter, an amount
that will equal the total of the following:
   (1) The sum annually necessary to pay the principal of, and
interest on, bonds issued and sold pursuant this chapter, as the
principal and interest become due and payable.
   (2) The sum necessary to carry out Section 8899.55, appropriated
without regard to fiscal years.
   8899.84.  For the purpose of carrying out this chapter, the
Director of Finance may authorize the withdrawal from the General
Fund of an amount or amounts not to exceed the amount of the unsold
bonds that have been authorized to be sold for the purpose of
carrying out this chapter.  Any amounts withdrawn shall be deposited
in the fund.  Any money made available under this section shall be
returned to the General Fund from money received from the sale of
bonds for the purpose of carrying out this chapter.
   8899.85.  Pursuant to Chapter 4 (commencing with Section 16720) of
Part 3 of Division 4, the cost of bond issuance shall be paid out of
the bond proceeds.  These costs shall be shared proportionally by
each program funded through this chapter.
   8899.86.  The board may request the Pooled Money Investment Board
to make a loan from the Pooled Money Investment Account, in
accordance with Section 16312, for the purposes of carrying out this
chapter.  The amount of the request shall not exceed the amount of
the unsold bonds that the committee has authorized, by resolution, to
be sold for the purpose of carrying out this chapter.  The board
shall execute any documents required by the Pooled Money Investment
Board to obtain and repay the loan.  Any amounts loaned shall be
deposited in the fund to be allocated by the board in accordance with
this chapter.
   8899.87.  All money deposited in the fund that is derived from
premium and accrued interest on bonds sold pursuant to this chapter
shall be reserved in the fund and shall be available for transfer to
the General Fund as a credit to expenditures for bond interest.
   8899.88.  Any bonds issued and sold pursuant to this chapter may
be refunded by the issuance of refunding bonds in accordance with
Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of
Division 4. Approval by the voters of the state for the issuance of
bonds described in this chapter shall include the approval of the
issuance of any bonds issued to refund any bonds originally issued
under this chapter or any previously issued refunding bonds.
   8899.89.  Notwithstanding any provision of this chapter or the
State General Obligation Bond Law, if the Treasurer sells bonds
pursuant to this chapter that include a bond counsel opinion to the
effect that the interest on the bonds is excluded from gross income
for federal tax purposes under designated conditions, the Treasurer
may maintain separate accounts for the bond proceeds invested and the
investment earnings on those proceeds, and may use or direct the use
of those proceeds or earnings to pay any rebate, penalty, or other
payment required under federal law, or to take any other action with
respect to the investment and the use of those bond proceeds, as may
be required or desirable under federal law in order to maintain the
tax-exempt status of those bonds and to obtain any other advantage
under federal law on behalf of the funds of this state.
   8899.90.  Money in the fund established pursuant to this chapter
may be expended only pursuant to appropriations by the Legislature.
   8899.91.  The Legislature hereby finds and declares that, inasmuch
as the proceeds from the sale of bonds authorized by this chapter
are not "proceeds of taxes" as that term is used in Article XIIIB of
the California Constitution, the disbursement of these proceeds is
not subject to the limitations imposed by that article.

      Article 6.  Repeal

   8899.95.  (a) The Director of Finance shall provide written
notification to the Chair of the Joint Legislative Budget Committee
of the date when the proceeds of the California Antiterrorism Safety
Bond Act of 2002 have been fully expended for the purposes specified
in this chapter.
   (b) This chapter shall remain in effect only until the date
specified in subdivision (a), and as of that date is repealed.
  SEC. 2.  Section 1 of this act shall become operative upon the
approval by the voters, at a statewide election, of the California
Antiterrorism Safety Bond Act of 2002, as set forth in Section 1 of
this act.
  SEC. 3.  Section 1 of this act shall be submitted to the voters at
a statewide election in accordance with provisions of the Government
Code and the Elections Code governing the submission of statewide
measures to the voters.
  SEC. 4.  (a) Notwithstanding any other provision of law, with
respect to Section 1 of this act, all ballots of the election shall
have printed thereon and in a square thereof, exclusively the words:
"California Antiterrorism Safety Bond Act of 2002," and in the same
square under those words, the following in 8-point type:  "This act
provides for a bond issue of ____ dollars ($____) to provide funds
for a program for antiterrorism safety.  (At this point, the Attorney
General shall include the financial impact summary prepared pursuant
to Section 9087 of the Elections Code and Section 88003 of the
Government Code)."  Opposite the square, there shall be left spaces
in which the voters may place a cross in the manner required by law
to indicate whether they vote for or against the act.
   (b) Notwithstanding Sections 13247 and 13281 of the Elections
Code, the language in subdivision (a) shall be the only language
included in the ballot label for the condensed statement of the
ballot title, and the Attorney General shall not supplement, subtract
from, or revise that language, except that the Attorney General may
include the financial impact summary prepared pursuant to Section
9087 of the Elections Code and Section 88003 of the Government Code.
The ballot label is the condensed statement of the ballot title and
the financial impact summary.
   (c) Notwithstanding Section 13282 of the Elections Code, the
public shall be permitted to examine the condensed statement of the
ballot title in subdivision (a) for not more than eight days, and the
financial impact statement from the time it is received by the
Secretary of State until the end of the eight days.  Any voter may
seek a writ of mandate for the purpose of requiring any statement of
the ballot label, or portion thereof, to be amended or deleted only
within that eight-day period.
   (d) Where the voting in the election is done by means of voting
machines used pursuant to law in the manner that carries out the
intent of this section, the use of the voting machines and the
expression of the voters' choice by means thereof are in compliance
with this section.

sb_1279_bill_20020116_introduced.pdf


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