BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 854| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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. CONTINUED SB 854 Page 2 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. CONTINUED SB 854 Page 3 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 CONTINUED SB 854 Page 4 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 **** END **** CONTINUED