BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de León, Chair


          SB 1228 (Hueso) - Trade Corridors Improvement Program.
          
          Amended: March 27, 2014         Policy Vote: T&H 10-0; EQ 7-0
          Urgency: No                     Mandate: No
          Hearing Date: May 12, 2014      Consultant: Mark McKenzie
          
          This bill meets the criteria for referral to the Suspense File. 

          
          Bill Summary: SB 1228 would continue the existence of the Trade  
          Corridors Improvement Fund (TCIF) to receive funding from  
          sources other than Proposition 1B general obligation bond funds,  
          including transfers from the Greenhouse Gas Reduction Fund  
          (cap-and-trade auction revenues), for specified trade corridor  
          infrastructure improvements.

          Fiscal Impact: 
              Cost pressures in the hundreds of millions to dedicate  
              future revenues to specified trade corridor improvements in  
              lieu of other transportation projects or other programs that  
              achieve greenhouse gas reductions.  (State Highway Account,  
              Greenhouse Gas Reduction Fund, General Fund, federal funds,  
              special funds)

              Estimated staffing cost pressures of approximately $280,000  
              for 2 PY of Caltrans staff to continue the administration  
              and oversight of the program. Actual resource needs would  
              depend upon availability of funds and the size of the  
              program. (State Highway Account)

              Estimated staffing cost pressures of $100,000 to $150,000  
              for 1 PY of staff at the California Transportation  
              Commission (CTC) to program projects and allocate TCIF  
              funds.  Actual resource needs would depend upon availability  
              of funds and the size of the program. (State Highway  
              Account)

          Background: Proposition 1B, the Highway Safety, Traffic  
          Reduction, Air Quality, and Port Security Bond Act of 2006, was  
          approved by voters in November of 2006.  Proposition 1B  
          authorized the issuance of $19.9 billion in general obligation  
          bonds for specified transportation infrastructure projects,  








          SB 1228 (Hueso)
          Page 1


          including $2 billion for deposit in the TCIF for infrastructure  
          improvements along federally designated Trade Corridors of  
          National Significance or other high-volume freight corridors, as  
          determined by CTC.  Proposition 1B specified that eligible  
          projects included improvements to highway capacity and  
          operations, the freight rail system, ports, truck corridors, and  
          border access, and well as surface transportation that  
          facilitates goods movement to and from airports.

          The CTC adopted the initial TCIF program of 79 projects,  
          totaling $3.1 billion, in April 2008.  The CTC deliberately  
          over-programmed projects in the TCIF in anticipation of  
          additional revenue that did not materialize, including State  
          Highway Account funds.  Although the full $2 billion in  
          available Proposition 1B funds has been allocated in the TCIF,  
          CTC has been able to program additional projects as savings have  
          materialized.  The CTC has extended the program by two years, to  
          fiscal year 2015-16, to take advantage of any further contract  
          savings that may occur.  Caltrans has submitted a request with  
          the 2014-15 proposed budget to continue 2PY of temporary state  
          operations staff for the administration of the program through  
          the extended period approved by the CTC.

          Proposed Law: SB 1228 would continue the existence of the TCIF  
          indefinitely in order to receive funds from non-Proposition 1B  
          sources, and governs the distribution of non-Proposition 1B  
          funds in a manner that generally mirrors the existing program as  
          follows:
           Requires the CTC to allocate non-Proposition 1B monies in the  
            TCIF for infrastructure improvements along federally  
            designated Trade Corridors of National Significance or other  
            high-volume freight corridors in California, as specified.
           Requires the CTC, in determining project eligibility, to  
            consult the state trade infrastructure and goods movement  
            plan, trade infrastructure and goods movement plans adopted by  
            regional transportation planning agencies, regional  
            transportation plans, and the statewide port master plan. 
           Provides that eligible projects include, but are not limited  
            to:
             o    Highway capacity and operational improvements to  
               facilitate goods movement relative to land ports of entry  
               and seaports, including navigable inland waterways, and to  
               relieve traffic congestion along major trade or goods  
               movement corridors.








          SB 1228 (Hueso)
          Page 2


             o    Freight rail system improvements that improve goods  
               movement between land and sea ports and distribution  
               centers, including grade separation projects and other  
               projects that improve capacity and efficiency.  
             o    Land and sea port improvements that enhance capacity and  
               efficiency.
             o    Truck corridor improvements, including toll or other  
               dedicated truck facilities. 
             o    Border access improvements that enhance goods movement  
               between California and Mexico and maximize the state access  
               to federal border infrastructure funds.
           Requires the CTC to allocate TCIF funds in a manner that  
            addresses the state's most urgent needs, balances the demands  
            of various land ports of entry and seaports, provides  
            reasonable geographic balance among the state's regions, and  
            prioritizes projects that improve trade corridor mobility  
            while reducing emissions of diesel particulate and other  
            pollutant emissions.
           Requires the CTC, when allocating TCIF funds, to consider the  
            speed and volume of large cargo traveling through the  
            distribution system, a reasonably consistent and predictable  
            amount of time for cargo to travel from one point to another  
            within the system, and a reduction in the recurrent daily  
            hours of delay.
           Requires the CTC, when allocating any Greenhouse Gas Reduction  
            Fund (cap-and-trade) monies transferred to the TCIF, to  
            require projects to demonstrate how they will reduce emissions  
            consistent with the goals and objectives of cap-and-trade.
           Requires the CTC to allocate funds to projects that have  
            identified committed supplemental funding from local, federal,  
            or private sources that is at least equal to the TCIF  
            allocation, other than for border access improvements.  The  
            CTC may prioritize projects with higher levels of committed  
            supplemental funds.
           Requires the CTC to incorporate a summary of its TCIF-related  
            activities into its annual report to the Legislature, as  
            specified.
          Staff Comments: This bill would create major cost pressures by  
          continuing a program for which there is no dedicated funding,  
          but has unmet demand.  As noted above, the CTC's initial TCIF  
          programming document included projects that exceeded the amount  
          of available bond funding by over $1 billion.  Any allocation of  
          funding to TCIF projects in the future would be at the expense  
          of other transportation projects, including capacity projects in  








          SB 1228 (Hueso)
          Page 3


          the State Transportation Improvement Program (STIP), highway  
          maintenance, rehabilitation, and safety projects in the State  
          Highway Operation and Protection Program (SHOPP), or rail  
          projects.