BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 282
                                                                  Page  1

          Date of Hearing:   April 29, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

             AB 282 (Transportation Committee) - As Introduced:  February  
                                      12, 2009 

          Policy Committee:                               
          TransportationVote:12-0 (Consent)

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  


          This bill makes several noncontroversial modifications to  
          transportation-related statutes, including:


          1)Requiring interest earnings from the investment of specified  
            Proposition 1B (Highway Safety, Traffic Reduction, Air  
            Quality, and Port Security Bond Act of 2006) funds earmarked  
            to cities and counties to be subject to the same restrictions  
            as the bond proceeds themselves.


          2)Conforming the Public Utilities Code to the Government Code in  
            regard to the time by which transit operators must file annual  
            reports with the Controller's office. 


          3)Clarifying that organ donors may limit the use of their  
            donations strictly for research purposes.


           FISCAL EFFECT  


          No direct state fiscal effect. 


          The Prop 1B interest provision could result in substantial  
          redirection, potentially in the millions of dollars annually  








                                                                  AB 282
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          statewide for the next few years, of city and county  
          expenditures of interest earned on Prop 1B bond proceeds  
          allocated for local transportation projects.


           COMMENTS  

           1)Purpose  .  The Assembly Transportation Committee annually  
            authors an "omnibus bill," combining various technical  
            statutory fixes regarding transportation issues brought to the  
            committee by agencies and individuals.  AB 3064 of 2008, which  
            was last year's omnibus measure, was one of numerous bills  
            summarily vetoed by the governor without a stated objection.    
            (AB 3064 passed this committee 17-0 and passed the Assembly  
            floor     78-0.)  AB 282 contains many, but not all of the  
            provisions that were included in AB 3064. 
           
          2)Interest Provision  . This provision, requested by the State  
            Controller, adds language to the statute governing allocation  
            and use of $2 billion worth of Prop 1B bond proceeds earmarked  
            for local street and road improvement, congestion relief, and  
            traffic safety projects. While bond proceeds allocated to  
            cities and counties must be spent on eligible transportation  
            projects, the statute is silent regarding how cities and  
            counties may spend interest earned on the bond proceeds  
            allocated to them. The controller is concerned that "local  
            agencies may argue that the law does not require that related  
            earnings from investments be restricted for the same purposes  
            as the principal (invested funds)."

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081