BILL ANALYSIS Ó
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: AB 466
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: quirk-silva
VERSION: 3/14/13
Analysis by: Erin Riches FISCAL: yes
Hearing date: June 11, 2013
SUBJECT:
Congestion Mitigation and Air Quality Improvement (CMAQ) Program
DESCRIPTION:
This bill requires the state Department of Transportation
(Caltrans) to continue allocating federal CMAQ funds to regions
pursuant to a weighted formula that accounts for population and
pollution levels.
ANALYSIS:
CMAQ helps states meet the requirements of the federal Clean Air
Act by providing federal funds for state and local
transportation projects that reduce transportation-related air
pollution. This program funds projects to reduce traffic
congestion and improve air quality both for areas that do not
meet the National Ambient Air Quality Standards for ozone,
carbon monoxide, or particulate matter (nonattainment areas),
and for former nonattainment areas that are now in compliance
(maintenance areas).
The U.S. Department of Transportation (DOT) allocates CMAQ funds
to states based on a formula that weighs the severity of a
state's air quality problems, along with its population,
compared to the nationwide total. States then sub-allocate
funds to metropolitan planning organizations and transportation
agencies. CMAQ-eligible projects include transportation control
measures such as high-occupancy vehicle lanes, high-occupancy
toll lanes, traffic flow improvement programs, and transit
improvements. Projects that do not help reduce vehicle
emissions, such as routine maintenance and rehabilitation or
projects that add capacity to highways, generally do not qualify
for CMAQ funding.
Caltrans has customarily allocated CMAQ funds according to the
federal statutory formula. In July 2012, however, Congress
AB 466 (QUIRK-SILVA) Page 2
passed and President Obama signed the Moving Ahead for Progress
in the 21st Century Act (Public Law 112-41). This new federal
funding authorization, known as MAP-21, changes CMAQ funding to
a lump sum allocation, leaving it up to states how to
sub-allocate the funds. It also requires states with areas
suffering from high levels of particulate matter (PM) to
prioritize projects proven to reduce PM 2.5 emissions in these
areas. (PM 2.5 are fine particles, emitted from motor vehicles,
power plants, and other industrial processes, that can cause
serious heart and lung problems when inhaled.)
This bill updates references in state statute to reflect the new
federal transportation funding authorization act, MAP-21, and
requires Caltrans to sub-allocate CMAQ funds pursuant to
weighted factors that are virtually identical to those
previously specified in federal law, albeit accounting for the
new PM 2.5 emphasis.
COMMENTS:
1.Purpose . The author states that while MAP-21 consolidates and
restructures many federal transportation programs, it retains
key programs such as CMAQ. MAP-21 leaves it up to states how
to allocate CMAQ funds; this bill provides a policy framework
for that distribution to ensure transparency. By maintaining
the longstanding formula distribution, this bill also provides
certainty to local transportation agencies.
2.MAP-21 implementation . MAP-21 authorizes federal
transportation funding to states through September 30, 2014.
California expects to receive $445 million in CMAQ funds under
the new act. To ensure funding for already-programmed
projects, Caltrans and the California Transportation
Commission (CTC) took administrative action last fall to
maintain status quo funding through the transition period. In
accordance with that action, this bill establishes the funding
distribution for CMAQ in statute, as well as updating
references to the federal transportation act.
3.Is this bill necessary ? This bill does not address funding
allocations or statutory references for any other federal
transportation funding program. The CTC has already acted to
ensure status quo funding for projects and programs impacted
by MAP-21, including CMAQ. It is not entirely clear,
therefore, why this bill is needed.
4.Arguments in opposition . The Department of Finance (DOF)
AB 466 (QUIRK-SILVA) Page 3
opposes this bill as unnecessary because current statute
allows for conformity with any changes required in MAP-21.
DOF further argues that this bill conflicts with the Brown
Administration's MAP-21 implementation strategy of maintaining
current funding levels so that currently programmed projects
are not interrupted. Finally, DOF maintains that the two-year
funding authorization of MAP-21 is nearly halfway over.
Assembly Votes:
Floor: 75-0
Appr: 17-0
Trans: 16-0
POSITIONS: (Communicated to the committee before noon on
Wednesday, June 5,
2013.)
SUPPORT: Los Angeles County Metropolitan Transportation
Authority
Orange County Transportation Authority
Rural County Representatives of California
OPPOSED: Department of Finance