BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 798
                                                                  Page  1

          Date of Hearing:   April 13, 2009

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                                   Mike Eng, Chair
                  AB 798 (Nava) - As Introduced:  February 26, 2009
           
          SUBJECT  :  California Transportation Financing Authority Act 

           SUMMARY  :  Creates the California Transportation Financing  
          Authority (CTFA) to provide for increased construction of new  
          capacity or improvements for transportation systems through the  
          issuance of revenue bonds.  Specifically,  this bill  :  

          1)Defines key terms, most notably "project" to include all or a  
            portion of planning, design, development, finance,  
            construction, reconstruction, rehabilitation, improvement,  
            acquisition, lease, operation, or maintenance of a highway,  
            public street, rail, or related facility.  

          2)Defines "project sponsor" to mean either the California  
            Department of Transportation (Caltrans); a regional  
            transportation planning agency; a county transportation  
            commission, as defined; any other local or regional  
            transportation entity that is designated by statute as a  
            regional transportation agency; a joint exercise of powers  
            authority, as defined; or, an agency designated to submit a  
            county transportation plan.  

          3)Defines CTFA membership to include:  

             a)   The State Treasurer, who will serve as CTFA chair;

             b)   The Director of the Department of Finance;

             c)   The State Controller;

             d)   Caltrans Director;

             e)   Executive Director of the California Transportation  
               Commission (CTC);

             f)   A local agency representative appointed by the Senate  
               Committee on Rules; and,

             g)   A local agency representative appointed by the Speaker  








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               of the Assembly.  

          4)Authorizes the CTFA chair to appoint an executive director and  
            stipulates that CTFA offices will be located in the Office of  
            the Treasurer.  

          5)Provides that CTFA may delegate to one or more of its members  
            or executive director the power to enter into contracts on  
            behalf of the authority and vests CTFA with all powers  
            reasonably necessary to carry out the responsibilities granted  
            or imposed in this bill.  

          6)Explicitly states that the objective of CTFA is to increase  
            the construction of new capacity or improvements for the state  
            transportation system in a manner that is consistent with the  
            state's greenhouse gas reduction goals, air quality  
            improvement goals, and natural resources conservation goals,  
            through the issuance of revenue bonds.  

          7)Provides that the Attorney General will be the legal counsel  
            for CTFA and that the Treasurer will be the treasurer.  

          8)Grants CTFA broad authorities to secure project financing and  
            provides that all its expenses will be payable solely from  
            funds provided for in this bill.  

          9)Provides that project sponsors may pledge the following  
            revenue sources as security for revenue bonds issued by CTFA:   
            local transportation funds, fuel taxes, Article XIX B fuel  
            sales taxes, local transportation sales taxes, developer fees,  
            tolls, and other state revenues approved for these purposes by  
            the Legislature or by initiative.  

          10)Ensures that the California Department of Transportation  
            (Caltrans) and the California Transportation Commission (CTC)  
            approve the use of any state funds a local transportation  
            agency pledges to a project.  

          11)Authorizes project sponsors to apply to CTFA for bond  
            financing for approved transportation projects and requires  
            CTFA to ensure the following specific requirements have been  
            met, to the extent these requirements have not already been  
            met through approval of the project by CTC:  

             a)   The project complies with all relevant statutes  








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               applicable to planning, programming, and construction of  
               transportation improvement projects and is contained in the  
               constrained portion of a regional transportation plan; 

             b)   The project sponsor has secured Caltrans support for the  
               project;

             c)   The project conforms to design standards and  
               environmental requirements and has all necessary permits to  
               enable its construction;

             d)   The project is financially feasible; 

             e)   Project performance measures have been developed; 

             f)   The project has community support, demonstrated in part  
               by public notice and a public review period; and,

             g)   The project sponsor of a highway project has  
               demonstrated how transit service or alternative modes of  
               transportation will be enhanced by the project.  

          12)Explicitly provides that CTFA will not have the power to plan  
            or approve projects, other than project financing, as provided  
            for in this bill.  

          13)Requires the CTC to report annually on the status of projects  
            funded using the authority granted by this bill.  

          14)Grants CTFA authority to authorize a project sponsor to  
            collect tolls if a project meets the following criteria:  

             a)   The imposition of tolls will be voted on or approved by  
               either the appropriate governing body or a majority of the  
               voters within the jurisdiction of the project;

             b)   Each highway project for which tolls are imposed will  
               have non-tolled alternative lanes available for public use  
               in the same corridor;

             c)   For highway projects, the road segment is on the state  
               highway system;

             d)   Project financing is expected to be sufficient to pay  
               debt service, operations, and maintenance over the life of  








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               the bonds and any excess revenues will be used exclusively  
               within the corridor to fund high-occupancy vehicle (HOV)  
               facilities, other transportation activities, or transit  
               service pursuant to an expenditure plan developed by  
               project sponsors; and,  

             e)   Tolls are set to provide no more than the cost of paying  
               debt service on the bonds, operating and maintaining the  
               project, and providing improvements in the corridor, except  
               to the extent that higher tolls are necessary to implement  
               congestion management mechanisms.  

          15)Excludes from the authority granted in this bill the  
            conversion of any existing non-tolled or non-user-fee lanes  
            into tolled or use-fee lanes, except for the conversion of  
            high-occupancy vehicle lanes to high-occupancy toll lanes.  

          16)Authorizes a project sponsor to incorporate congestion  
            management mechanisms to regulate usage of a tolled facility  
            and to increase mobility, accessibility, and environmental  
            benefits.  

          17)Directs CTFA and CTC to develop a cooperative, timely  
            approval process.  

          18)Enacts technical provisions to govern the sale of bonds.  

          19)Provides that provisions of this bill do not conflict with  
            the authority granted in earlier legislation, AB 2032 (Dutra),  
            Chapter 418, Statutes of 2004, to specific agencies to develop  
            high occupancy toll (HOT) lanes and do not limit the ability  
            of any agency that has existing authority to issue bonds.  

          20)Creates the California Transportation Financing Authority  
            Fund (Fund) and directs all moneys in the Fund to be  
            continuously appropriated.  

          21)Repeals provisions of existing law that require legislative  
            approval of a project application for one of four authorized  
            high-occupancy-toll lane projects.  

           EXISTING LAW:  

           1)Authorizes local governmental agencies to enter into  
            agreements with private entities for the study, planning,  








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            design, developing, financing, construction, maintenance,  
            rebuilding, improvement, repair, or operation, or any  
            combination thereof, by, and lease to or ownership by, that  
            entity of a revenue-generating infrastructure project, as  
            specified.  Requires agreements entered into under these  
            provisions to include adequate financial resources for the  
            project and allowed for terms of up to 35 years, after which  
            the project would revert to the local governmental agency.   
            Broadly prohibits the use of this authority for state  
            highways.  

          2)Establishes the 13-member CTC to advise and assist the  
            Secretary of the Business, Transportation and Housing Agency  
            and the Legislature in formulating and evaluating state  
            policies and plans for transportation programs in the state.  

          3)Authorizes regional transportation agencies or Caltrans to  
            enter into an unlimited number of comprehensive development  
            lease agreement with public or private entities for  
            transportation projects, under the following key conditions:   

              a)   Projects must be primarily designed achieve improved  
               mobility, improved operations or safety, and quantifiable  
               air quality benefits;  

             b)   At least 60 days prior to executing a final lease  
               agreement, the project sponsor (i.e., Caltrans or a  
               regional transportation agency) must submit the agreement  
               to the Legislature and to the Public Infrastructure  
               Advisory Committee for review;  

             c)   Prior to submitting a proposal, the project sponsor  
               would have to conduct a least one public hearing;

             d)   Existing non-toll or non-user-fee lanes cannot be  
               converted to toll lanes except that high occupancy vehicle  
               (HOV) lanes can be converted to high occupancy toll (HOT)  
               lanes for vehicles not otherwise meeting the occupancy  
               level requirements for those lanes; and,  

             e)   No lease agreements can be entered into after January 1,  
               2017.  

          4)Authorizes a regional transportation agency, in cooperation  
            with Caltrans, to apply to the CTC to develop and operate HOT  








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            lanes, including the administration and operation of a  
            congestion-pricing program, using the following process:  

             a)   CTC is to review each application for HOT lane  
               development;  

             b)   For each project, CTC is required to conduct a least one  
               public hearing in northern California and one in southern  
               California;  

             c)   Following the hearings, CTC is to submit the  
               application, including any public comments made at the  
               hearings, to the Legislature for rejection or approval;  

             d)   Approval by the Legislature must be by statute;  

             e)   The number of projects under this authority is limited  
               to four, two in northern California and two in southern  
               California;  

             f)   CTC, in cooperation with the Legislative Analyst, must  
               annually report to the Legislature on the progress of the  
               development and operation of HOT lanes; and,  

             g)   No application may be approved under this authority  
               after January 1, 2012.  

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee's analysis of last year's identical AB 3021 (Nava):  

          1)Administrative costs and expenses incurred by CTFA would be  
            charged to participating project sponsors.  However, it is not  
            known how much demand there will be for the financing tools  
            offered by CTFA and when sufficient revenues will be realized  
            to fully cover the administrative costs of the Authority.   
            Initial costs are to be borrowed from available resources  
            within the State Treasurer's Office and paid back with  
            interest once there is sufficient demand for CTFA financing.  

          2)Initial workload is also dependent upon demand, but the bill  
            requires the chair of the Authority to appoint an executive  
            director and authorizes employment of bond counsel and other  
            consultants, as necessary.  Staff estimates that annual costs  
            to develop and establish the Authority, including overhead and  
            operating expenses would likely be in the range of $150,000 to  








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            $300,000 for the Executive Director position, and the addition  
            of one administrative staff.  

          3)If special fund resources are not sufficient to cover initial  
            costs of the Authority, there may be some General Fund impact.  
             All borrowed funds would be paid back with interest, and  
            ongoing expenses would be covered by project sponsors.  

          Also, the Assembly Appropriations Committee, in its analysis of  
          last year's AB 3021, reported:  

          1)Significant increase in the volume of revenue bonds and other  
            bonded indebtedness secured by transportation revenue sources,  
            if CTFA is effective in accelerating transportation project  
            financing and construction by enhancing the use of  
            revenue-secured indebtedness.  

          2)Potentially significant toll revenue resulting if CTFA  
            authorizes transportation project sponsors or Caltrans to  
            impose and collect tolls as a source of bond repayment and to  
            implement congestion management mechanisms.  
           
           COMMENTS :  This bill would provide for what has become known as  
          "public-public partnerships" wherein government agencies partner  
          to finance public infrastructure.  The process provided for in  
          this bill is permissive.  State, regional, and local  
          transportation agencies may, if they choose, sponsor projects  
          using CTFA's authority to approve financing and tolls.  However,  
          these agencies will not be required to use CTFA's services.    
          Furthermore, this bill provides flexibility in the issuance of  
          bonds.  Transportation agencies may request CTFA to issue bonds  
          or they may request approval to issue bonds themselves.  

          This bill is identical to AB 3021 (Nava) of 2008, which passed  
          the Legislature with broad support and no opposition but was  
          vetoed by the Governor who cited that, because of budget delays,  
          he could not sign the bill (or dozens of other bills) at that  
          time.  

          Ironically, supporters of AB 798 argue that budget woes are  
          exactly why this bill is needed.  
          According to this bill's sponsor, State Treasurer Bill Lockyer,  
          this bill will help increase transportation capacity in our  
          state by providing transportation entities with the resources  
          needed to meet growing transportation needs.  The Treasurer  








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          believes that this bill will "enable local and 
          regional entities to contribute more to the funding of  
          transportation projects, create a method for them to finance  
          projects in the municipal bond market, and ensure that projects  
          and funding are consistent with state transportation policy  
          objectives and "best practices" public finance  criteria."  

          Additionally, the California Labor Federation supports AB 798  
          stating, "Critical state and local infrastructure needs have  
          gone unmet for too long and in these hard economic times, we  
          should look beyond traditional revenue streams."  

           Related legislation  :  SB 3x 4 (Cogdill), Chapter 2, Statutes of  
          2009, among other things, authorizes Caltrans and regional  
          transportation agencies, until January 1, 2017, to enter into an  
          unlimited number of comprehensive development lease agreements  
          with public or private entities, or consortia thereof, for  
          transportation projects.  SB 3x 4 provides the Legislature an  
          opportunity to submit written comments about a proposed  
          agreement to Caltrans or a regional transportation agency, but  
          vests the ultimate discretion for executing the final lease  
          agreement with Caltrans or the regional transportation agency.  

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          State Treasurer Bill Lockyer (sponsor)
          Associated General Contractors of California 
          California Labor Federation
          California Association of Council of Governments
          State Building and Construction Trades Council of California

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Janet Dawson / TRANS. / (916) 319-2093