BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1203
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          ASSEMBLY THIRD READING
          AB 1203 (Ma)
          As Introduced  February 27, 2009
          Majority vote 

           GOVERNMENTAL ORGANIZATION   16-0APPROPRIATIONS      16-0        
           
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          |Ayes:|Price, Anderson, Chesbro, |Ayes:|De Leon, Nielsen,         |
          |     |Cook,    De Leon,         |     |Ammiano,                  |
          |     |Galgiani, Hall, Hill,     |     |Charles Calderon, Davis,  |
          |     |Jeffries, Lieu, Mendoza,  |     |Duvall, Krekorian, Hall,  |
          |     |Nestande, Portantino,     |     |Harkey, Miller,           |
          |     |Torres, Torrico, Tran     |     |John A. Perez, Price,     |
          |     |                          |     |Skinner, Solorio,         |
          |     |                          |     |Audra Strickland,         |
          |     |                          |     |Torlakson                 |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Requires the Secretary of California Emergency  
          Management Agency (Cal EMA), by February 1 of each fiscal year,  
          to select eligible applicants for transit system safety projects  
          from the Transit System Safety, Security, and Disaster Response  
          Account (Account)  pursuant to the Highway Safety, Traffic  
          Reduction, Air Quality, and Port Security Bond Act of 2006  
          (Proposition 1B) and provide the Controller with a list of the  
          projects and sponsoring agencies eligible to receive an  
          allocation. 

           EXISTING LAW  :  

           1) Establishes Proposition 1B and authorizes the issuance of  
            $19.925 billion of general obligation bond funds for the  
            mobility, safety, and air quality improvements, as specified.

           2) Requires the deposit of $1 billion of the bond proceeds in  
            the Account to be used, upon appropriation, for capital  
            projects that provide increased protection against a security  
            and safety threat, and for capital expenditures to increase  
            the capacity of transit operators to develop disaster response  
            transportation systems that can move people, goods, and  
            emergency personnel and equipment in the aftermath of a  
            disaster.








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           3) Requires the allocation of 25% of these funds for capital  
            expenditures to regional public waterborne transit agencies  
            authorized to operate a regional water transit system and  
            requires Cal EMA to administer a grant application and award  
            program for transit agencies eligible to receive funding.

           4) Requires Cal EMA to select eligible projects to receive  
            those grants by February 1 of each fiscal year in which funds  
            are used for this purpose.

           FISCAL EFFECT  :   According to the Assembly Appropriations  
          Committee, there are no significant costs associated with this  
          bill.

           COMMENTS  :   According to the author, this bill provides  
          clarifying language to allow the 25% waterborne element of the  
          Transit System Safety, Security and Disaster Response program to  
          be administered by way of an up-front grant allocation program,  
          instead of a reimbursable grant program.

          The Highway Safety, Traffic Reduction, Air Quality, and Port  
          Security Bond Act of 2006, approved by the voters as Proposition  
          1B at the November 7, 2006, general election, authorized the  
          issuance of general obligation bonds for specified purposes,  
          including, but not limited to transit security projects.  

          Chapter 12.491, Article 6 of Division 1 of Title 2 of the  
          Government Code, titled: Implementation of the Highway Safety,  
          Traffic Reduction, Air Quality, and Bond Act of 2006, provides a  
          description of the eligibility criteria and program management  
          requirements for the Account funds.

          Based on Article 6 requirements, 25% of available funds are to be  
          allocated to regional public waterborne transit agencies for  
          eligible capital expenditures that enhance the capacity of  
          regional public waterborne transit agencies to provide disaster  
          response transportation systems that can move people, goods, and  
          emergency personnel and equipment in the aftermath of a disaster  
          or emergency.  These funds are awarded to transit agencies  
          through a reimbursable grant program, as opposed to an up-front  
          allocation of funds as is the procedure with the majority of  
          funds provided under this Article.









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          State reimbursement processes are such that grant program  
          reimbursements for the 25% waterborne element have taken several  
          months to process, requiring the project sponsor to cash flow the  
          cumulative program costs over several months at a time.  This has  
          required the project sponsor to tie up significant amounts of  
          cash to carry expenses while waiting for reimbursement.  Once  
          project activity ramps up, it will be impossible for the sponsor  
          to carry the cost of project expenses over multiple months due to  
          limited cash on hand. 

          This bill provides clarifying language that directs the  
          administration of the 25% waterborne component of the Account  
          funds to be administered by way of an up-front "allocation" of  
          funds as opposed to on a reimbursement basis.

          According to the author, this provides consistency with the way  
          in which 60% of the program funds are administered across the  
          state, and addresses recipient issues with long-lead times in  
          receiving state reimbursements. 


           Analysis Prepared by  :    Rod Brewer / G. O. / (916) 319-2531 


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