BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  AB 1164|
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                                 THIRD READING


          Bill No:  AB 1164
          Author:   Gordon (D)
          Amended:  9/1/11 in Senate
          Vote:     21

           
           SENATE TRANSPORTATION & HOUSING COMMITTEE :  9-0, 7/5/11
          AYES:  DeSaulnier, Gaines, Harman, Huff, Kehoe, Lowenthal, 
            Pavley, Rubio, Simitian

           SENATE APPROPRIATIONS COMMITTEE  :  7-0, 8/15/11
          AYES:  Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley, 
            Steinberg
          NO VOTE RECORDED:  Price, Runner

           ASSEMBLY FLOOR  :  76-1, 6/2/11 - See last page for vote


           SUBJECT  :    Federal transportation funds

           SOURCE  :     Department of Transportation


           DIGEST  :    This bill authorizes, until September 30, 2015, 
          the Department of Transportation to make loans of federal 
          funds deposited in the State Highway Account to advance 
          projects funded by Proposition 1B.

           Senate Floor Amendments  of 9/1/11 require regional 
          transportation planning agencies to request the Department 
          of Transportation to loan federal highway funds in the 
          State Highway Account for advancing bond funded highway 
          projects in their areas of jurisdiction.
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           ANALYSIS  :    California has two major capital outlay 
          programs for transportation investments:  The State 
          Transportation Improvement Program (STIP) and the State 
          Highway Operations and Protection Program (SHOPP).  The 
          STIP is the states' five-year transportation capital outlay 
          program, which is updated and adopted by the California 
          Transportation Commissioner (CTC) every two years.  
          Regional agencies program 75 percent of the STIP revenue 
          and the Department of Transportation (Caltrans) programs 25 
          percent.  The projects in the STIP are typically capacity 
          increasing projects.  The SHOPP is the state's ten-year 
          highway rehabilitation program, which the CTC adopts every 
          two years.  Some Proposition 1B, the 2006 $19.925 billion 
          state transportation bond, included programs that are 
          within the STIP.

          Existing law authorizes Caltrans, with the approval of the 
          Director of Finance, to loan funds from the American 
          Recovery and Reinvestment Act of 2009 to fund Proposition 
          1B bond projects that are ready for construction, but for 
          which bond funds are unavailable. 
           
           This bill:

          1. Authorizes Caltrans make a loan from federal 
             transportation funds for purposes of advancing a project 
             that is programmed to receive an allocation of 
             Proposition 1B general obligation bond funds, under 
             specified conditions. 

          2. Requires the loan be repaid without interest from the 
             proceeds of bonds sold pursuant to Proposition 1B within 
             three years.  

          3. Appropriates funds received as repayment to Caltrans for 
             use in the local assistance program, in a manner in 
             which the federal funds would have otherwise been used, 
             or for use on projects in the SHOPP.  

          4. Prohibits Caltrans loaning federal funds passed through 
             by the State to RTPAs to fund an unfunded Proposition 1B 
             project in an regional transportation planning agencies 
             (RTPA's) areas of jurisdiction, unless requested by the 

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             RTPA.

          5. Requires Caltrans to report to the Legislature on the 
             loans made and methodology for selecting projects within 
             45 days of the end of the fiscal year.  

          6. Sunsets this loan authority on September 30, 2015.
           
          Comments
           
          This bill ensures that there is a steady stream of 
          transportation projects going to construction even when 
          bond funds are unavailable.  This bill achieves this in two 
          ways.  First, because of the difficulty the state is having 
          in selling bonds, the stream of Proposition 1B bond revenue 
          is unpredictable.  Nevertheless, there are projects sitting 
          on the shelf ready to go to construction.  This bill 
          addresses this issue by allowing Caltrans to borrow federal 
          funds to commence the projects.  A second reason put 
          forward by the bill's sponsor, Caltrans, is that this bill  
          enables the state, at the end of the federal fiscal year, 
          to commit any unobligated federal funds that the state 
          would be at risk of losing to unfunded, but read-to-go, 
          bond projects.  In addition, if other states forfeit 
          federal funds, California will be in a position to claim 
          them, under the provisions of federal law. 

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

          According to the Senate Appropriations Committee:

                          Fiscal Impact (in thousands)

           Major Provisions                2011-12     2012-13    
           2013-14   Fund  

          Maximize use of                                   no new 
          costs, potential savings by                       Federal*
            federal funds     preventing a loss of federal funds

          Caltrans/DOF/CTC                        minor 
          administrative costs                         Special**


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          *Federal funds on deposit in the State Highway Account
          **State Highway Account

           SUPPORT  :   (Verified  9/1/11)

          Department of Transportation (source)


           ASSEMBLY FLOOR  : 
          AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill 
            Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Cedillo, Chesbro, Cook, Davis, Dickinson, 
            Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, 
            Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove, 
            Hagman, Halderman, Harkey, Hayashi, Roger Hernández, 
            Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight, 
            Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, 
            Miller, Mitchell, Monning, Morrell, Nestande, Nielsen, 
            Olsen, Pan, Perea, V. Manuel Pérez, Portantino, Silva, 
            Skinner, Smyth, Solorio, Swanson, Torres, Valadao, 
            Wagner, Wieckowski, Williams, Yamada, John A. Pérez
          NOES: Norby
          NO VOTE RECORDED: Conway, Gorell, Hall


          JJA:do  9/1/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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