BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1037| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 1037 Author: Hernandez (D) Amended: 6/9/14 Vote: 21 SENATE TRANSPORTATION & HOUSING COMMITTEE : 11-0, 4/29/14 AYES: DeSaulnier, Gaines, Beall, Cannella, Galgiani, Hueso, Lara, Liu, Pavley, Roth, Wyland SENATE GOVERNANCE & FINANCE COMMITTEE : 6-1, 5/7/14 AYES: Wolk, Knight, Beall, DeSaulnier, Hernandez, Liu NOES: Walters SENATE FLOOR : 31-2, 5/12/14 AYES: Anderson, Beall, Berryhill, Block, Cannella, Corbett, Correa, De León, DeSaulnier, Fuller, Galgiani, Hancock, Hernandez, Hill, Hueso, Huff, Jackson, Lara, Leno, Lieu, Liu, Mitchell, Monning, Padilla, Pavley, Roth, Steinberg, Torres, Vidak, Wolk, Wyland NOES: Morrell, Walters NO VOTE RECORDED: Calderon, Evans, Gaines, Knight, Nielsen, Wright, Yee ASSEMBLY FLOOR : 76-0, 6/30/14 - See last page for vote SUBJECT : Measure R project cost estimates SOURCE : Author DIGEST : This bill requires the Los Angeles County CONTINUED SB 1037 Page 2 Metropolitan Transportation Authority (LACMTA) to update its expenditure plan and Long-Range Transportation Plan (LRTP) before presenting another measure before the voters. Assembly Amendments require LACMTA, at least 30 days before submitting the ordinance to the voters, to post the amended expenditure plan and the LRTP on its Internet Web site in a prominent manner. ANALYSIS : In order to efficiently plan the state's near-term transportation expenditures, existing law requires regional transportation planning agencies to adopt, every odd-numbered year, a five-year regional transportation improvement plan containing all projects funded with state and federal dollars. These fiscally constrained plans are derived from regional transportation planning efforts identifying long-term transportation needs based on forecasted population growth and addressing mobility needs. The long-term regional transportation plans are not fiscally constrained, which means they include many more projects than there is likely to be resources available to build. In the region overseen by the Southern California Association of Governments (SCAG), which includes the counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura, each county develops and adopts its own transportation plan and then submits that plan to SCAG for consolidation. The LACMTA adopted its LRTP in 2009, which includes projects for which it has identified funding as well as unfunded projects for future consideration. In developing its 2009 LRTP, LACMTA designated and partnered with nine subregions within Los Angeles County that identified their own transportation needs and priorities to be included in the LRTP. Existing law permits a county board of supervisors to create a countywide transportation authority to plan and fund transportation projects within the county. These transportation authorities may impose a local sales tax for transportation purposes, if the tax ordinance is within statutory limits and abides by restrictions on local taxes contained in the California Constitution. Counties that have chosen to tax themselves for transportation purposes call themselves "self-help" counties because they have approved measures to help themselves address their own transportation problems. CONTINUED SB 1037 Page 3 In 2008, the Legislature passed and the governor signed AB 2321 (Feuer, Chapter 302) which authorized LACMTA to place before the voters an ordinance to increase the local transportation sales tax for 30 years by 0.5% in Los Angeles County. The statute required LACMTA to adopt an expenditure plan prior to submitting the ordinance to the voters, and identified 18 projects to be included in that expenditure plan and in the LRTP. AB 2321 required LACMTA to include in the expenditure plan the anticipated completion date for each project. In November 2008, LACMTA placed the sales tax ordinance, referred to as Measure R, on the ballot and 67% of the voters approved the measure. At the time voters approved Measure R, LACMTA estimated that the 30-year program would raise about $40 billion. Because of the recession and general economic malaise that followed that vote, LACMTA adjusted its revenue estimates downward and now only expects the sales tax measure to generate about $36 billion. To address this funding shortfall, LACMTA began a search for additional revenue or funding mechanisms to meet its transportation needs. In 2012, the Legislature passed and the governor signed AB 1446 (Feuer, Chapter 806) which authorized LACMTA to place before the voters an ordinance to either eliminate or extend Measure R's 30-year sunset date. The measure, put before the voters in November 2012, failed to achieve the two-thirds majority necessary for passage. This bill requires LACMTA, before to submitting another Measure R extension to the voters, to do the following: 1.Amend its expenditure plan and, for the 18 projects included in the original Measure R legislation, update the following information: The most recent cost estimates for each project and program identified in the amended expenditure plan. The identification of the accelerated cost, if applicable, for each project and program in the amended expenditure plan. The schedule for which MTA anticipates funds will be available for each project and program. CONTINUED SB 1037 Page 4 The expected completion dates for each project and program. 1.Requires MTA develop a transparent process to determine the most recent cost estimates for each project and program in the amended expenditure plan. 2.Include in a revised and updated LRTP both the Measure R expenditure plan and all capital projects adopted and submitted to LACMTA by each of the nine Los Angeles County subregions. Specifies inclusion of a project or program in the LRTP is not a guarantee that the project or program shall receive future funding. 3.Requires LACMTA, at least 30 days before submitting the ordinance to the voters, to post the amended expenditure plan and the LRTP on its Internet Web site in a prominent manner. Comments According to the author, LACMTA's process for determining cost estimates for projects in its expenditure plans is internal, and the agency may or may not solicit estimates from outside sources. Some have criticized this process and suggest it results in out-of-date figures and cost projections. Because of the uncertainty in how LACMTA determines its estimates, there is general unease between various subregions in Los Angeles County, and some worry that one project is being treated more favorably than another behind the scenes. This bill attempts to bypass efforts by individual project sponsors to increase their own share of funding by instituting a transparent method for determining cost estimates in which subregions submit their own updated estimates to LACMTA. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No ASSEMBLY FLOOR : 76-0, 6/30/14 AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom, Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley, Dababneh, Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray, Grove, CONTINUED SB 1037 Page 5 Hagman, Hall, Harkey, Roger Hernández, Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson, Perea, John A. Pérez, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron, Wieckowski, Wilk, Williams, Yamada, Atkins NO VOTE RECORDED: Donnelly, Beth Gaines, Weber, Vacancy JA:nl 7/1/14 Senate Floor Analyses SUPPORT/OPPOSITION: NONE RECEIVED **** END **** CONTINUED