BILL ANALYSIS                                                                                                                                                                                                    Ó






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: SB 616
          SENATOR MARK DESAULNIER, CHAIRMAN              AUTHOR:  Wright
                                                         VERSION: 1/6/14
          Analysis by:  Erin Riches                      FISCAL:  yes
          Hearing date:  January 14, 2014                    



          SUBJECT:

          Airport Improvement Program:  state matching funds

          DESCRIPTION:

          This bill allows the state Department of Transportation  
          (Caltrans) to provide state matching funds through the Airport  
          Improvement Program to projects that commence prior to receiving  
          those funds.

          ANALYSIS:

          The Airport Improvement Program (AIP), administered by the  
          Federal Aviation Administration (FAA), provides grants to public  
          agencies for the planning and development of public-use  
          airports.  In general, the federal grant covers 75 percent of  
          eligible costs for large and medium primary hub airports, and 90  
          to 95 percent of eligible costs for small primary, reliever, and  
          general aviation airports.  Eligible projects include capital  
          improvements related to safety, capacity, security, and  
          environment; operational and maintenance costs are generally not  
          eligible.  In order to qualify for an AIP grant, a project  
          sponsor must be able to demonstrate that sufficient funds are  
          available for the non-federally-funded portion of the project.  

          To supplement AIP, Caltrans administers a State AIP Matching  
          Grant program.  This program provides a state matching grant  
          equal to five percent of the federal grant.  Caltrans'  
          regulations require that in order to be eligible for a state AIP  
          grant, a sponsor must have secured FAA approval and California  
          Environmental Quality Act compliance.  In addition, the sponsor  
          cannot yet have broken ground on the project. 

          The Aeronautics Account, which funds the State AIP Matching  
          Grant Program, currently has a balance of approximately $5  
          million.  The Aeronautics Account derives its revenue from fuel  
          excise taxes of 18 cents per gallon on general aviation fuel and  




          SB 616 (WRIGHT)                                        Page 2

                                                                       


          2 cents per gallon on jet fuel; these rates were set in 1994 and  
          1969, respectively.  In addition, the 2009-10 budget transferred  
          $4 million from the State Aeronautics Account to the General  
          Fund.  As a result of declining revenues and the transfer, the  
          program is able to fund only a small number of projects.  

           This bill  suspends, until July 1, 2015, the Caltrans regulation  
          prohibiting a sponsor from receiving State AIP Matching Grant  
          Program funds for a project that has already commenced.
          
          COMMENTS:

           1.Purpose of the bill  .  According to the sponsors, the  
            Aeronautics Account has not recovered from the 2009-10 budget  
            transfer due to the continuing recessionary impacts to private  
            aviation.  This shortfall has prevented Caltrans from  
            providing grants to all but a few eligible projects.  As a  
            result, many FAA-approved construction projects at smaller  
            California airports - which have already landed commitments of  
            approximately $80 million in federal funds - have been  
            delayed.  Suspending the Caltrans regulation prohibiting state  
            matching funds for projects that have already commenced will  
            enable project sponsors to break ground and create  
            construction jobs. 

           2.Where will the money come from ?  While some local airports are  
            able to provide the required local match without state  
            funding, others lack the resources.  Aviation stakeholders  
            plan to work through the budget process this year to get  
            additional funds allocated to the Aeronautics Account to help  
            fund these projects.  Suspending the regulation will enable  
            sponsors to get projects started as soon as this bill is  
            signed, rather than being forced to wait for potential budget  
            allocations.  While the bill currently does not contain an  
            urgency clause, the author plans to amend the bill to add one.
                
            3.Does this bill solve the problem  ?  If the Legislature and  
            Governor choose not to provide additional funding to the  
            Aeronautics Account in the budget, project sponsors that have  
            commenced projects on the assumption of imminent state funding  
            could be caught short later.  On the other hand, this bill  
            would allow sponsors with alternate funding to move forward.  

           4.Gut and amend  .  This bill originally pertained to public works  
            contracts.  The author amended it on January 6, 2014, to  
            instead relate to airport funding.




          SB 616 (WRIGHT)                                        Page 3

                                                                       


          
               
          POSITIONS:  (Communicated to the committee before noon on  
          Wednesday,                                             January  
          8, 2014.)

               SUPPORT:  Aircraft Owners and Pilots Association (sponsor)
                         Association of California Airports (sponsor)
                         California Airports Council (sponsor)
                         American Association of Airport Executives,  
          Southwest Chapter

               OPPOSED:  None received.