BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                              UNFINISHED BUSINESS


          Bill No:  SB 854
          Author:   Senate Budget and Fiscal Review Committee
          Amended:  10/7/10
          Vote:     27 - Urgency

           
          PRIOR VOTES NOT RELEVANT

           ASSEMBLY FLOOR  :  Not available 


           SUBJECT  :    Transportation Budget Trailer Bill

           SOURCE  :     Author


           DIGEST  :     Assembly Amendments  delete the Senate version of  
          the bill expressing the intent of the Legislature to enact  
          statutory changes relating to the Budget Act of 2010, and  
          add the current content relating to transportation.

          This bill is now the Transportation Budget Trailer Bill  
          which contains provisions necessary to implement the  
          2010-11 Budget.

           ANALYSIS  :    This bill includes the following key changes  
          to implement the 2010-11 State Budget:

          1.  Proposition 1B - Transportation Corridor Improvement  
             Funds  .  Requires the California Transportation  
             Commission (CTC) to report to the Legislature  
             semiannually on the expenditure of Transportation  
             Corridor Improvement Funds (TCIF) for railroad projects.  
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              Additionally, requires the CTC to report and provide a  
             copy of any memorandum of understanding executed between  
             a railroad company and any state or local transportation  
             agency where TCIF funds are a funding source for the  
             project.

          2.  Proposition 1B - Water Transit  .  For recipients of  
             Proposition 1B bond funds for regional public waterborne  
             transit, extends the expenditure period from three years  
             to four years.  Proposition 1B provides $250 million to  
             Regional public waterborne transit agencies.  The funds  
             are available to build ferry terminals, among other  
             uses.

          3.  Proposition 1B - Local Streets and Roads  .  Provides  
             cities and counties a one-year extension to expend  
             Proposition 1B Local Streets and Roads funds for any  
             year in which Highway Users Tax Account funds for local  
             transportation projects are borrowed, deferred, or  
             shifted.

          4.  Inter-fund Transportation Cashflow Loans  .  Extends the  
             sunset from June 30, 2011 to June 30, 2014, for cashflow  
             borrowing among transportation special funds.  The  
             transportation special funds that are eligible for  
             cashflow borrowing are the State Highway Account, the  
             Public Transportation Account, the Transportation  
             Investment Fund, the Transportation Deferred Investment  
             Fund, and the Traffic Congestion Relief Fund.

          5.  High-Speed Rail Authority (HSRA) - Exempt Positions  .   
             Authorizes the Governor to appoint six management level  
             exempt positions to the HSRA upon the recommendation of  
             the executive director.  Compensation for these  
             positions shall not exceed the highest comparable  
             compensation for a position of that type, as established  
             through a salary survey, and shall require approval of  
             the Department of Personnel Administration.

          6.  HSRA - Biannual Reporting .  Requires the HSRA to report  
             biannually to the Legislature, beginning March 1, 2011,  
             on the status of development and implementation of  
             intercity high-speed rail service.


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          7.  HSRA - Peer Review Group  .  Requires that the members of  
             the High Speed Rail Independent Peer Review Group be  
             designated by October 1, 2010, and requires that group  
             to designate a chairperson.  Additionally, requires the  
             HSRA to designate a liaison for the Independent Peer  
             Review Group.  Lastly, authorizes the members of the  
             peer review group to collect a $100 per-day per diem  
             that cannot exceed $500 per month. 

          8.  Department of Transportation (Caltrans) - Capital Outlay  
             Support Budget Request  .  Requires Caltrans to report  
             annually to the Legislature with supplemental  
             information on the Capital Outlay Support budget  
             request, including anticipated and realized project  
             costs and schedules for the Capital Outlay Support  
             Program.

          9.  Advertising on Changeable Message Signs  .  Authorizes an  
             experimental program that would allow advertising on  
             upgraded changeable message signs on highway right of  
             way.  A federal waiver, or a change in federal law, is  
             necessary to implement this program and this bill states  
             the program cannot be implemented unless approved by the  
             federal government.

          10.  Fuel Tax Swap - GO Bond Savings  .  The State Treasurer  
             and the Department of Finance estimate lower bond debt  
             service costs from transportation-related general  
             obligation bonds in 2010-11.  This savings is estimated  
             to reduce bond-related expenditures from fuel tax swap  
             revenues by about $112 million.  This bill directs that  
             savings to additional loans to the General Fund.

          11.  Fuel Tax Swap - Local Transportation Subventions  .   
             Provides additional clarification that local governments  
             are not subject to the same maintenance-of-effort and  
             other requirements under Proposition 42 when they are  
             apportioned fuel excise tax revenues. 

          12.  CHP - License Plate Reader Technology  .  Places in  
             statute the California Highway Patrol (CHP) internal  
             policy for retaining information gathered from license  
             plate reader (LPR) systems.  Prohibits the retention of  
             data for more than 72 hours for all instances when the  

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             data is not being used for legitimate law enforcement  
             purposes.  Additionally, prohibits the CHP from selling  
             LPR data and requires that CHP monitor its use  
             internally.

          13.  CHP and Local Law Enforcement:  DUI Checkpoints and  
             Vehicle Impoundment  .  Amends statute to revise and  
             better define the conditions under which a law  
             enforcement entity can impound a vehicle at a sobriety  
             checkpoint.  In the case of a driver who is not  
             suspected of drunk driving, but who is driving without a  
             valid driver's license, the vehicle cannot be impounded  
             unless the vehicle cannot be safely parked or no  
             licensed driver can be found to drive the vehicle.  

          14.  Department of Motor Vehicles (DMV) - Veterans' Benefits .  
              Requires DMV to update application forms to provide a  
             space for an applicant to indicate whether they served  
             in the armed forces.  Data collected from willing  
             veterans will be shared with the Department of Veterans  
             affairs in order to identify if they are eligible for  
             federal benefits.  

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          JJA:mw  10/7/10   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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