BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1228| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 1228 Author: Hueso (D) Amended: 8/19/14 Vote: 21 SENATE TRANSPORTATION & HOUSING COMMITTEE : 10-0, 4/22/14 AYES: DeSaulnier, Gaines, Beall, Cannella, Galgiani, Hueso, Lara, Liu, Pavley, Roth NO VOTE RECORDED: Wyland SENATE ENVIRONMENTAL QUALITY COMMITTEE : 7-0, 4/30/14 AYES: Hill, Gaines, Fuller, Hancock, Jackson, Leno, Pavley SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/14 AYES: De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg SENATE FLOOR : 35-1, 5/27/14 AYES: Anderson, Beall, Berryhill, Block, Cannella, Corbett, Correa, De León, DeSaulnier, Evans, Fuller, Gaines, Galgiani, Hancock, Hernandez, Hill, Hueso, Huff, Jackson, Knight, Lara, Leno, Lieu, Mitchell, Monning, Morrell, Padilla, Pavley, Roth, Steinberg, Torres, Vidak, Walters, Wolk, Wyland NOES: Nielsen NO VOTE RECORDED: Calderon, Liu, Wright, Yee ASSEMBLY FLOOR : 79-0, 8/28/14 - See last page for vote SUBJECT : Trade Corridors Improvement Fund SOURCE : San Diego Regional Chamber of Commerce CONTINUED SB 1228 Page 2 DIGEST : This bill continues the existence of the Trade Corridors Improvement Fund (TCIF) in order to receive revenues from new funding sources and governs the expenditure of those funds. Assembly Amendments require the CTC in determining project eligibility consult the state Transportation Agency's state freight plan and the Air Resources Board's Sustainable Freight Strategy; add to the list of eligible projects surface transportation and connector road improvements to effectively facilitate the movement of goods, as specified; and revise and recast provisions related to monies from the Greenhouse Gas Reduction Fund. ANALYSIS : SB 1266 (Perata, Chapter 25, Statutes of 2006) authorized the sale of nearly $20 billion in general obligation bonds for transportation projects, upon voter approval. In November 2006, voters approved Proposition 1B, the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006. Proposition 1B authorized the issuance of $19.9 billion in general obligation bonds to fund transportation projects to relieve congestion, improve the movement of goods, improve air quality, and enhance the safety and security of the transportation system. Proposition 1B created the TCIF and funded it with $2 billion of the total bond proceeds. Proposition 1B directed the Legislature to appropriate these funds for infrastructure improvements along federally designated "Trade Corridors of National Significance" or other high-volume freight corridors in California as determined by the California Transportation Commission (CTC). Proposition 1B required the CTC, in determining project eligibility, to consult the state trade infrastructure and goods movement plan, the trade infrastructure and goods movement plans adopted by regional transportation planning agencies, regional transportation plans, and the statewide port master plan. Proposition 1B provided that eligible projects included, but were not limited to, improvements to highway capacity and operations, the freight rail system, ports, truck corridors, and border access, as well as to surface transportation to facilitate goods movement to and from airports. CONTINUED SB 1228 Page 3 Although the CTC has fully programmed the entire $2 billion of Proposition 1B funds in the TCIF, it 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. This bill continues 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 as follows: 1.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 determined by the CTC. 2.Requires the CTC, in determining project eligibility, to consult the Transportation Agency's state freight plan, the Air Resources Board's Sustainable Freight Strategy, and 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. 3.Provides that eligible projects include, but are not limited to: A. Improvements to highway capacity and operations to facilitate goods movement, particularly in relation to the state's land ports of entry and seaports, including inland waterways between ports, and to relieve traffic congestion along major trade or goods movement corridors. B. Improvements to the freight rail system to increase efficiency and capacity and to enhance goods movement from seaports land ports of entry and airports to warehousing and distribution centers throughout the state, including projects to separate rail lines from highway or local road traffic, improve freight rail mobility through mountainous regions, and relocate rail switching yards. C. Improvements to enhance the capacity and efficiency of ports. CONTINUED SB 1228 Page 4 D. Improvements to truck corridors, including dedicated truck facilities or truck toll facilities. E. Improvements to border access to enhance goods movement between California and Mexico and maximize the state's ability to access federal border infrastructure funds. F. Surface transportation and connector road improvements to effectively facilitate the movement of goods, particularly for ingress and egress to and from the state's land ports of entry, airports, and seaports, to relieve traffic congestion along major trade or goods movement corridors. 1.Requires CTC to allocate funds in a manner that addresses urgent need, balances demands of various sized ports, provides reasonable geographic balance, places emphasis on projects that improve trade corridor mobility while reducing emissions, and other factors related to improving goods movement and in a manner consistent with existing statutory requirements for TCIF and in accordance with guidelines adopted by the CTC on November 27, 2007. 2.Requires that if cap and trade auction revenues are transferred into the TCIF, that disbursement of those funds be subject existing law governing their use. 3.Requires CTC to allocate monies available in TCIF to projects that have identified and committed supplemental funding from appropriate local, federal, or private sources and directs CTC to determine the appropriate amount of supplemental funding to be required, based on a project-by-project review and assessment of each project's benefit to the state and the program. 4.Requires that, except for border access improvements, improvements funded from TCIF have supplemental funding that is at least equal to the amount contributed from the fund. 5.Authorizes CTC to give priority for funding to projects with higher levels of committed supplemental funding. 6.Requires CTC to include in its annual report to the Legislature, a summary of its activities related to TCIF that CONTINUED SB 1228 Page 5 include a description and the location of projects that are funded, the amount of funds allocated to each project, the status of each project, and a description of the mobility and air quality improvements the program would achieve. Background The Legislative Analyst's Office, Analysis of the 2008-09 Budget Bill noted that prior to Proposition 1B, the state did not dedicate transportation funding specifically to trade corridor mobility; furthermore, the state had not traditionally provided state funds for projects such as freight rail improvements. The CTC decided to try to establish the TCIF as an ongoing program, rather than a one-time bond program. The CTC adopted the initial TCIF program of 79 projects, totaling $3.1 billion, in April 2008, deliberately over-programming the TCIF in anticipation of additional revenue sources becoming available, including State Highway Account funds. Additional revenue did not materialize due to economic conditions, and the CTC ended up working with stakeholders to eliminate the over-programming. Comments The author states that California's land and sea ports of entry serve as key international commercial gateways for the more than $500 billion in products entering and exiting the U.S. each year. Long wait times at border ports of entry delay access to intermediary goods, lead to problems in the manufacturing chain, and create significant negative traffic congestion and air-quality impacts. The author states that in order to leverage fully California's trade-related economic opportunities, the state needs a modern, robust, and multimodal goods movement network. Investing in infrastructure improvements at sea ports of entry can help federally designated marine highways provide large reductions in greenhouse gas emissions and air pollutants, relieve traffic congestion and wear and tear on highways, and provide an influx of economic activity throughout the state. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No According to the Senate Appropriations Committee: CONTINUED SB 1228 Page 6 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 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) SUPPORT : (Verified 8/28/14) San Diego Regional Chamber of Commerce (source) California Association of Port Authorities California Transportation Commission City of San Diego ColRich Congress Member Juan Vargas Councilmember David Alvarez, City of San Diego East Otay Mesa Property Owners Association Hamann Companies Imperial County Transportation Commission Ingall's Enterprises Landmark Development Services, Inc. Murphy Development Company NAI San Diego Commercial Real Estate National Enterprises, Inc. Otay Canyon Ranch, LLC Otay Mesa Chamber of Commerce Otay Mesa Property Owner's Association San Diego Port Tenants Association The Judd Company CONTINUED SB 1228 Page 7 Unified Port of San Diego ASSEMBLY FLOOR : 79-0, 8/28/14 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, Donnelly, Eggman, Fong, Fox, Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray, Grove, 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, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins NO VOTE RECORDED: Vacancy JA:nl 8/29/14 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED