BILL ANALYSIS AB 1203 Page 1 ASSEMBLY THIRD READING AB 1203 (Ma) As Introduced February 27, 2009 Majority vote GOVERNMENTAL ORGANIZATION 16-0APPROPRIATIONS 16-0 ----------------------------------------------------------------- |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. AB 1203 Page 2 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. AB 1203 Page 3 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 FN: 0000776