BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1455


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          Date of Hearing:  May 6, 2015


                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT


                              Brian Maienschein, Chair


          AB 1455  
          (Rodriguez and Gomez) - As Introduced February 27, 2015


          SUBJECT:  Ontario International Airport.


          SUMMARY:  Allows the City of Ontario to issue revenue bonds for  
          the purpose of financing the acquisition of the Ontario  
          International Airport from the City of Los Angeles, and  
          specifies that the revenue bonds shall be secured solely by  
          future revenues and charges from that airport.


          EXISTING LAW:  


          1)Allows local agencies to issue bonds for the acquisition,  
            construction, or improvement of any enterprise pursuant to the  
            Revenue Bond Law of 1941.


          2)Defines "local agency" to mean any city, county, city and  
            county, or any municipal or public corporation or district,  
            which is authorized to acquire, construct, own, or operate any  
            enterprise, as defined in the Revenue Bond Law of 1941.


          3)Defines "enterprise" to mean a revenue-producing improvement,  
            building, system, plant, works, facilities, or undertaking  








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            used for or useful for any of the following purposes:


             a)   The obtaining, conserving, treating and supplying of  
               water for domestic use, irrigation, sanitation, industrial  
               use, fire protection, recreation, or any other public or  
               private uses;


             b)   The collection, treatment or disposal of garbage or  
               refuse matter;


             c)   The collection, treatment or disposal of sewage, waste  
               or storm water, including drainage;


             d)   The providing of public parking lots, garages, or other  
               automotive or vehicular parking facilities, including any  
               and all public offstreet vehicular parking facilities;


             e)   The providing of public transportation by means of a  
               ferry or ferry system;


             f)   The providing of public airports and facilities  
               appurtenant thereto;


             g)   The providing of harbors, including without limitation  
               public small boat harbors, and facilities and improvements  
               in connection therewith;


             h)   The providing of hospitals and facilities appurtenant  
               thereto;










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             i)   The providing of public golf courses, and facilities and  
               improvements in connection therewith; and,


             j)   The generation, production, or transmission of electric  
               energy for lighting, hearing, and power for public or  
               private uses.


          FISCAL EFFECT:  None


          COMMENTS:  


          1)Bill Summary.  This bill allows the City of Ontario to issue  
            revenue bonds for the purpose 


          of financing the acquisition of the Ontario International  
            Airport from the City of Los Angeles, and specifies that the  
            revenue bonds must be secured solely by future revenues and  
            charges from that airport.
            This bill is sponsored by the City of Ontario and the Ontario  
            International Airport Authority.


          2)Background.  In 1929, the City of Ontario purchased a 30-acre  
            tract in the southwest corner of the present airport for  
            $12,000 and ran an airfield known as the Ontario Municipal  
            Airport.  In 1941, the City of Ontario purchased 470 acres  
            surrounding the airport and approved construction of new  
            runways.  In 1949, commercial service began at Ontario  
            International Airport and in 1951, a 10,880-square-foot  
            terminal building was constructed.  In 1967, the Los Angeles  
            City Department of Airports co-signed a joint powers agreement  
            with the City of Ontario and the airport became part of the  
            Los Angeles' regional airport system.  Over the years, the  
            airport continued to purchase more land and expand terminal  








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            space; by 1978 the passage volume was two million.  In 1985,  
            the official transfer of title from City of Ontario to the  
            City of Los Angeles occurred.  By 1998, a new terminal was in  
            construction and passage volume was over six million.  In  
            2005, passenger volume at the airport peaked at seven million,  
            but by 2010, passage volume had declined and stabilized to  
            about 4.8 million passengers annually traveling through the  
            LA/Ontario International Airport (ONT).  

          3)Author's Statement. According to the author, "AB 1455 was  
            introduced to transfer ONT from the City of Los Angeles back  
            to the City of Ontario.  Ontario and Los Angeles have been in  
            discussions about transferring the sponsorship of the airport  
            back to Ontario.  


          AB 1445 is the vehicle to facilitate that transfer.
            "[ONT] is the only unconstrained commercial service airport in  
            Southern California.  Other airports in the region are  
            constrained by noise, passenger caps or by facility and/or  
            access constraints.  It has the potential to handle far more  
            passengers than any other airport in Southern California  
            except for Los Angeles International Airport (LAX).  As such,  
            its potential growth is virtually limitless.


            "In 1967, the City of Los Angeles and the City of Ontario  
            entered into a Joint Powers Agreement (JPA), that allowed Los  
            Angeles to become the airport operator.  An Acquisition  
            Agreement was signed by the cities in 1985, and Los Angeles  
            paid $58,329 for the transfer.


            "When the Ontario Airport was transferred to LA, the passenger  
            traffic count was 3.7 million.  In 1999, the first year that  
            the new terminals were open, passenger traffic was 6.6  
            million, peaking in 2007 to 7.2 million.  Since that time,  
            passenger service has decreased to less than 4 million.   
            Ontario and Los Angeles are in negotiations to transfer the  








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            airport back. In 2012, the City of Ontario and the County of  
            San Bernardino created the Ontario International Airport  
            Authority to receive and manage the operations of the Ontario  
            Airport."


          4)Revenue Bonds.  According to the California Debt Investment  
            and Advisory Commission's (CDIAC) Debt Primer, revenue bonds  
            are long-term debt instruments retired by specific dedicated  
            revenues, often revenues generated by a project funded out of  
            bond proceeds.  Revenue bonds are designed to be  
            self-supporting through user fees or other special earmarked  
            receipts; the general taxing powers of the jurisdiction are  
            not pledged.  The debt created through the issuance of revenue  
            bonds is to be repaid by the earnings from the operations of a  
            revenue-producing enterprise (an enterprise revenue bond),  
            from special taxes (a special revenue bond), or from contract  
            leases or rental agreements (a lease revenue bond).  


          5)Previous Legislation.  SB 446 (Dutton) of 2012 would have  
            established the Ontario International Airport Authority and  
            would have authorized the Authority to enter into an agreement  
            with the City of Los Angeles to facilitate the transfer of  
            management and operational control of ONT from the City of Los  
            Angeles to the Authority.  SB 446 passed out of the Senate,  
            and was referred to the Assembly Local Government Committee,  
            but was never heard.


          6)Policy Considerations.  The Committee may wish to consider the  
            following:


             a)   Bond Issuance Process.  The bill does not specify any  
               details about how the City of Ontario will issue revenue  
               bonds or the public process in order to do so.  










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             b)   Revenue Bond Law of 1941.  The Revenue Bond Law of 1941  
               (Chapter 6, of Part 1, of Division 2, of Title 5 of the  
               Government Code) allows specified local agencies to issue  
               revenue bonds for the acquisition, construction, or  
               improvement of any enterprise pursuant to the procedures  
               specified in that Chapter.  For purposes of the Revenue  
               Bond Law, local agency is defined as a "city, county, city  
               and county, or any municipal or public corporation or  
               district which is authorized to acquire, construct, own, or  
               operate any "enterprise,"" as defined).  "Enterprise" is  
               defined to mean a revenue-producing improvement, building,  
               system, plant, works, facilities, or undertaking used for  
               or useful for specified purposes, including "the providing  
               of public airports and facilities appurtenant thereto."  


               The Committee may wish to consider whether the existing  
               Revenue Bond Law of 1941 would allow the City of Ontario to  
               issue bonds without the need for legislation.


             c)   Local Fight.  The transfer of the Ontario Airport is an  
               issue that has yet to be solved locally, although  
               discussions are ongoing.  The Committee may wish to ask the  
               author for an update on where those negotiations stand, and  
               whether a better approach might be to let those  
               negotiations continue, and if legislation is necessary in  
               the future to implement an agreement, getting the  
               Legislature involved then, rather than the Legislature  
               picking winners and losers in what is a local, regional  
               fight.


          7)Arguments in Support.  Supporters argue that this bill would  
            establish local control for Ontario International Airport and  
            restore one of Southern California's most important economic  
            and jobs engines.










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          8)Arguments in Opposition.  None on file.














          REGISTERED SUPPORT / OPPOSITION:




          Support


          City of Ontario [CO-SPONSOR]


          Ontario International Airport Authority [CO-SPONSOR]


          Air Fair


          Airport Working Group of Orange County


          Alliance for a Regional Solution to Airport Congestion


          Brea Chamber of Commerce








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          California Contract Cities


          Cities of:  Adelanto, Canyon Lake, Chino, Chino Hills, Colton,  
          Diamond Bar, Eastvale, Fontana, Glendora, Grand Terrace,  
          Highland, Jurupa Valley, Lakewood, Montclair, Monterey Park,  
          Newport Beach, Norco, Palmdale, Rancho Cucamonga, Riverside, San  
          Gabriel, Upland, Victorville, and Whittier


          Corona Chamber of Commerce


          County of San Bernardino (In Concept)


          El Monte / South El Monte Chamber of Commerce


          Fullerton Chamber of Commerce


          LaVerne Chamber of Commerce


          North Orange County Legislative Alliance


          OmniTrans


          Ontario Professional Firefighters, Local #1430


          Orange County Council of Governments










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          San Bernardino County


          San Gabriel Valley Council of Governments


          San Gabriel Valley Economic Partnership


          San Gabriel Valley Regional Chamber of Commerce


          Service Employees International Union - United Service Workers  
          West


          Southwest California Legislative Council


          Town of Apple Valley


          Western Riverside Council of Governments




          Opposition


          None on file




          Analysis Prepared by:Debbie Michel / L. GOV. / (916) 319-3958











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