BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 466
Author: Quirk-Silva (D)
Amended: 8/29/13 in Senate
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 11-0, 6/11/13
AYES: DeSaulnier, Gaines, Beall, Cannella, Galgiani, Hueso,
Lara, Liu, Pavley, Roth, Wyland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 75-0, 5/9/13 (Consent) - See last page for vote
SUBJECT : Congestion Mitigation and Air Quality Improvement
Program
SOURCE : Author
DIGEST : This bill requires the Department of Transportation
(Caltrans) to continue allocating federal Congestion Mitigation
and Air Quality (CMAQ) Improvement Program funds to regions
pursuant to a weighted formula that accounts for population and
pollution levels.
Senate Floor Amendments of 8/29/13 replace references to "air
quality program" with "air quality improvement program" and
replace and erroneous reference to "particular matter" with
"particulate matter."
Senate Floor Amendments of 8/22/13 clarify that the state must
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meet the federal requirement for states with areas with high
levels of particulate matter (PM) to prioritize projects proven
to reduce PM 2.5 emissions in those areas.
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 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
passed and President Obama signed the Moving Ahead for Progress
in the 21st Century Act. 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 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
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previously specified in federal law, albeit accounting for the
new PM 2.5 emphasis.
Background
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 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/26/13)
Los Angeles County Metropolitan Transportation Authority
Metropolitan Transportation Commission
Orange County Transportation Authority
Rural County Representatives of California
Santa Clara Valley Transportation Authority
OPPOSITION : (Verified 8/26/13)
Department of Finance
ARGUMENTS IN SUPPORT : 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.
ARGUMENTS IN OPPOSITION : The Department of Finance (DOF)
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
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interrupted. Finally, DOF maintains that the two-year funding
authorization of MAP-21 is nearly halfway over.
ASSEMBLY FLOOR : 75-0, 5/9/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell, Gray,
Grove, Hagman, Hall, Harkey, Roger Hernández, Jones,
Jones-Sawyer, Levine, Linder, Lowenthal, Maienschein, Mansoor,
Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel
Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone,
Ting, Torres, Wagner, Weber, Wieckowski, Wilk, Williams,
Yamada, John A. Pérez
NO VOTE RECORDED: Donnelly, Holden, Logue, Waldron, Vacancy
JA:nl 8/30/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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