BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1447
                                                                  Page  1

          Date of Hearing:   April 7, 2014

                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES
                                Wesley Chesbro, Chair
                  AB 1447 (Waldron) - As Amended:  February 18, 2014
           
          SUBJECT  :   California Global Warming Solutions Act of 2006:   
          Greenhouse Gas Reduction Fund:  traffic synchronization

           SUMMARY  :   Adds "funding to reduce greenhouse gas (GHG)  
          emissions through traffic signal synchronization" to the list of  
          eligible investments of moneys appropriated from the Greenhouse  
          Gas Reduction Fund (GHGRF).

           EXISTING LAW  :

          1)Requires the Air Resources Board (ARB), pursuant to California  
            Global Warming Solutions Act of 2006 (AB 32), to adopt a  
            statewide GHG emissions limit equivalent to 1990 levels by  
            2020 and adopt regulations to achieve maximum technologically  
            feasible and cost-effective GHG emission reductions.

          2)Authorizes ARB to permit the use of market-based compliance  
            mechanisms to comply with GHG reduction regulations, once  
            specified conditions are met.

          3)Establishes the GHGRF and requires all moneys, except for  
            fines and penalties, collected by ARB from the auction or sale  
            of allowances pursuant to a market-based compliance mechanism  
            (i.e., the cap-and-trade program adopted by ARB under AB 32)  
            to be deposited in the GHGRF and available for appropriation  
            by the Legislature.

          4)Establishes the GHGRF Investment Plan and Communities  
            Revitalization Act [AB 1532 (John A. Pérez), Chapter 807,  
            Statutes of 2012] to set procedures for the investment of GHG  
            allowance auction revenues.  AB 1532 authorizes a range of GHG  
            reduction investments and establishes several additional  
            policy objectives.

          5)Requires the investment plan to allocate:  (1) a minimum of 25  
            percent of the available moneys in the fund to projects that  
            provide benefits to identified disadvantaged communities; and,  
            (2) a minimum of 10 percent of the available moneys in the  
            fund to projects located within identified disadvantaged  








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            communities [SB 535 (De Leon), Chapter 830, Statutes of 2012].  
             

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Background  .  According to ARB, a total reduction of 80 million  
            metric tons (MMT), or 16 percent compared to business as  
            usual, is necessary to achieve the 2020 limit.  Approximately  
            78 percent of the reductions will be achieved through  
            identified direct regulations.  ARB proposes to achieve the  
            balance of reductions necessary to meet the 2020 limit  
            (approximately 18 MMT) through a cap-and-trade program that  
            covers an estimated 600 entities.
            The 2012-13 Budget Act authorized Department of Finance (DOF)  
            to allocate at least $500 million from cap-and-trade revenue,  
            and make commensurate reductions to General Fund (GF)  
            expenditure authority, to support the regulatory purposes of  
            AB 32.  AB 1532 established a long-term spending strategy for  
            moneys in the Fund, including procedures for deposit and  
            expenditure of cap-and-trade auction revenues pursuant to an  
            investment plan.  AB 1532 specifically authorizes funding for  
            transportation projects that reduce GHG emissions.

            While DOF and ARB developed a three-year investment plan for  
            the auction proceeds pursuant to AB 1532, the 2013-14 Budget  
            Act provided that the first $500 million in auction revenue be  
            loaned to the GF and did not appropriate any funds pursuant to  
            the investment plan.  For the 2014-15 Budget, the Governor has  
            proposed spending $850 million on a variety of programs,  
            including $250 million for High Speed Rail and approximately  
            $350 million for other transportation-related investments.   
            However, no funds have been proposed for traffic signal  
            synchronization.

           2)Prior funding for traffic signal synchronization  .  The Highway  
            Safety, Traffic Reduction, Air Quality, and Port Security Bond  
            Act of 2006, approved by the voters as Proposition 1B on  
            November 7, 2006, provided $250 million to fund traffic signal  
            synchronization or other technology-based improvements to  
            improve safety, operations and the effective capacity of local  
            streets and roads.  SB 88, a 2007 budget trailer bill,  
            allocated $150 million to the City of Los Angeles.  The  
            remaining $100 million was allocated in much smaller amounts  








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            by the California Transportation Commission to jurisdictions  
            around the state.

           3)Traffic management already broadly eligible for GHGRF moneys  .   
            AB 1532 included the following investment category:  "Funding  
            to reduce GHG emissions through strategic planning and  
            development of sustainable infrastructure projects, including  
            transportation and housing."  The following is an excerpt from  
            the adopted AB 1532 investment plan for 2013-14 through  
            2015-16:

               Sustainable communities and clean transportation

               It is recommended that this investment category receive the  
               largest allocation.  The transportation sector is the  
               largest contributor of both GHGs and criteria air  
               pollutants, and it is clear that California's  
               transportation system will need to be transformed to  
               achieve GHG emissions reduction targets and air quality  
               standards.  We must transition to cleaner, renewable fuels,  
               cleaner vehicles, and a more efficient infrastructure to  
               meet clean air goals.  The State must look to invest new  
               funding in rail modernization, including expanded transit,  
               passenger rail, and high-speed rail service, as well as  
               programs that encourage a change in land-use patterns and  
               mode shift by contributing to transit-oriented development,  
               sustainable communities, and active transportation  
               programs.  In addition, the state needs to fund programs  
               that modernize existing road systems to promote efficient  
               use, such as complete streets and  traffic management  
               technologies  . (emphasis added)

           4)Eligibility vs. favoritism  .  If the committee finds it  
            necessary to clarify the eligibility of traffic signal  
            synchronization,  the author and the committee may wish to  
            consider  replacing the current language adding it as a  
            stand-alone investment category (page 3, lines 20-23 of the  
            bill) with language adding traffic signal synchronization to  
            the existing sustainable infrastructure category, as follows:

               Funding to reduce greenhouse gas emissions through  
               strategic planning and development of sustainable  
               infrastructure projects, including, but not limited to,  
               transportation and housing.  Sustainable transportation  
               infrastructure projects may include traffic signal  








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               synchronization when the project is designed and  
               implemented to achieve cost-effective reductions in  
               greenhouse gas emissions and includes specific reduction  
               targets and metrics to evaluate the project's effect.

           5)Double referral  .  This bill is double-referred to the Assembly  
            Transportation Committee.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None on file

           Opposition 
           
          California Chamber of Commerce
          California League of Food Processors
          California Manufacturers Association
          California Municipal Utilities Association
          California Taxpayers Association

           
          Analysis Prepared by :    Lawrence Lingbloom / NAT. RES. / (916)  
          319-2092