BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                          AB 427 (J.Perez)
          
          Hearing Date: 08/15/2011        Amended: 08/15/2011
          Consultant: Mark McKenzie       Policy Vote: T&H 7-0
          _________________________________________________________________
          ____
          BILL SUMMARY: AB 427 would revise the procedures for allocating 
          transportation general obligation bond funds for transit system 
          safety, security, and disaster response that are administered by 
          the California Emergency Management Agency (CalEMA).  
          Specifically, this bill would:
           Allow operators that receive an allocation of funds designated 
            for intercity and commuter rail systems to also receive an 
            allocation of funds designated for mass transit operators. 
           Require funds allocated for use on the regional commuter rail 
            system that serves a five county region in southern California 
            (Metrolink) to be allocated to each of the county 
            transportation commissions served by Metrolink. 
           Explicitly authorize safety-related projects approved by 
            CalEMA to be an eligible capital expenditure of funds 
            designated for mass transit.
           Require an entity notified of its eligibility to receive an 
            allocation of mass transit or intercity/commuter rail bond 
            funds to notify CalEMA within 45 days of its intent to use the 
            funds, as specified.  Funds would be reallocated if the entity 
            fails to respond.
           Require CalEMA to notify the relevant transportation planning 
            agency (RTPA) if funds allocated to an entity within the RTPA 
            are subject to reallocation, and authorize the RTPA to notify 
            CalEMA within 30 days of its intent to distribute those funds 
            to other eligible transit or rail operators in the region. 
           Authorize CalEMA to reallocate those funds on a competitive 
            basis to an eligible entity in a different region of the 
            state, if the RTPA fails to respond.
           Require CalEMA to submit an annual report to the Legislature 
            and Legislative Analyst's Office (LAO) on its activities, 
            including projects selected for funding, the status of those 
            projects, and a listing of entities that have not used 
            allocated funds.  
          _________________________________________________________________
          ____
                            Fiscal Impact (in thousands)









          AB 427 (J.Perez)
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           Major Provisions         2011-12      2012-13       2013-14     Fund
           CalEMA administration  minor one-time costs, likely less than 
          Bond*
                                 $50 to update guidelines for 
          reallocations

          Bond fund reallocation Redirection of $1,000 to $2,000 
          annuallyBond*
                                 among eligible entities

          Deletion of fund prohibition      Increased expenditure 
          flexibility            Bond*
                                 for agencies eligible for both programs
          ____________
          * Transit System Safety, Security, and Disaster Response Account
          _________________________________________________________________
          ____

          STAFF COMMENTS: 
          The Highway Safety, Traffic Reduction, Air Quality, and Port 
          Security Bond Act of 2006 (Proposition 1B) authorized $19.925 
          billion in general obligation bonds for various 
          transportation-related purposes, including $1 billion for 
          capital improvements related to transit system safety, security, 
          and disaster response.  Pursuant to SB 88 (Senate Committee on 
          Budget and Fiscal Review), Chapter 181 of 2007, the program is 
          divided into three subprograms administered by CalEMA: 60% of 
          the funds are designated for mass transit, 25% are designated 
          for regional public waterborne transit agencies, and 15% for 
          intercity passenger rail and commuter rail systems.  The 60% 
          mass transit program is governed by the State Transit Assistance 
          (STA) formula.  Current law prohibits an entity that receives an 
          allocation of funds designated for the intercity and commuter 
          rail program from receiving funds under the mass transit 
          program.

          AB 427 would allow agencies that receive funds from the 60% mass 
          transit program to use those funds, at their discretion, on 
          eligible projects that receive funds from the 15% 
          intercity/commuter rail program.  This provision addresses an 
          inconsistency in the administration of the mass transit program 
          with respect to eligible agencies that are also member agencies 
          of a regional commuter rail system.  Since the Metrolink system 
          has received allocations of funds designated for the 








          AB 427 (J.Perez)
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          intercity/commuter rail program, current law prohibits funds 
          designated for the mass transit program to be spent on commuter 
          rail projects.  However, some Metrolink member agencies that 
          have received mass transit funds were authorized by CalEMA to 
          spend them on the Metrolink system within its jurisdiction, 
          while others were prohibited from doing so, which hindered the 
          expeditious expenditure of funds allocated to those agencies.  
          This bill would provide flexibility to agencies that operate 
          both mass transit and commuter rail systems by allowing them the 
          discretion to spend allocations of mass transit funds on the 
          commuter rail system, if those projects have a higher priority.

          Since the mass transit funds are allocated based on statutory 
          formulas for the State Transit Assistance Program, some entities 
          that receive an allocation may not have an identified need or 
          eligible projects on which to expend the funds.  AB 427 would 
          establish a process for redirecting those unused funds to other 
          eligible entities.  The bill would give first priority to 
          projects within the same region as the entity that received an 
          initial allocation, and any remaining funds would be reallocated 
          to other eligible entities in a different region on a 
          competitive basis.  

          CalEMA indicates that out of each annual $100 million 
          appropriation provided for the mass transit program, 
          approximately $1-$2 million goes unused.  This bill would result 
          in a redirection of those funds for expenditure by other 
          eligible entities on shovel-ready transit projects.  
          Approximately $360 million of the original $600 million 
          authorized by Proposition 1B have yet to be allocated.  Staff 
          estimates that administrative costs to CalEMA for updating 
          program guidelines and establishing procedures for reallocating 
          funds would be minor, likely less than $50,000.  CalEMA would 
          also be required to annually report to the Legislature and LAO 
          on program activities.  Costs would be minor because CalEMA 
          already provides project-level reports as part of general 
          requirements related to bond fund expenditures; the report in 
          this bill would be an update of that annual report.