BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 1889 (Mullin) - High-Speed Rail Authority: high-speed train operation ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: August 1, 2016 |Policy Vote: T. & H. 6 - 4 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 1, 2016 |Consultant: Mark McKenzie | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: AB 1889 would explicitly allow for the expenditure of specified bond proceeds on a high-speed rail corridor or usable segment if the project would enable high-speed trains to operate either immediately or after additional planned investments are made. Fiscal Impact: Potential accelerated expenditure of $1.1 billion in previously-appropriated bond funds, relative to current law (High-Speed Passenger Train Bond Fund). This bill would explicitly allow for expenditure of bond funds in the near-term for projects that benefit passenger train service without providing all necessary funding for investments in a usable segment that would be necessary for the immediate operation of high-speed trains. Absent the bill, these funds may not be available for project expenditures prior to the expiration of AB 1889 (Mullin) Page 1 of ? the June 30, 2018 encumbrance limitation tied to the previous appropriation of bond funds. Background: Existing law, the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century (Proposition 1A, 2008), provides $9.95 billion in general obligation bond authority to fund the planning and construction of a high-speed passenger train system and capital improvements to other rail systems that provide direct connectivity to high-speed rail. Proposition 1A requires the High-Speed Rail Authority (HSRA) to submit a detailed funding plan prior to seeking an initial appropriation of bond funds for a specific corridor or usable segment, as specified. The Bond Act also requires HSRA, prior to committing any bond proceeds for construction expenditures, to submit the following to the Director of Finance and Joint Legislative Budget Committee: (1) a detailed funding plan that includes an identification of the corridor or usable segment, the estimated full cost of construction, and the sources of all funds to be used and anticipated timelines for receiving those funds, and (2) a specified report that includes an indication that construction of the corridor or usable segment can be completed as proposed, and if so completed, it would be suitable and ready for high-speed train operation. The HSRA released its Final 2012 Business Plan on April 2, 2012, which provided for a "blended operations" that share tracks with existing regional rail partners in the San Francisco/San Jose northern end of the project, and the Los Angeles/Anaheim segments on the southern end. The 2012 Business Plan called for the investment of $1.1 billion in Proposition 1A bond funds for "bookend" improvements to regional service in the short term, and to make initial investments in the blended system that support high-speed rail service. As part of the 2012 Budget Act, SB 1029 (Budget and Fiscal Review Committee), Chap 152/2012, was enacted to appropriate $2.61 billion in Prop 1A bond funds for the initial construction segment in the Central Valley, $1.1 billion in bond funds for "bookend" investments, as well as additional high-speed rail-related appropriations. According to the Senate Floor analysis of SB 1029, the $1.1 billion appropriation would provide "funding as a match for two memoranda of understanding (MOUs) agreed to by the Authority and the Southern California AB 1889 (Mullin) Page 2 of ? Association of Governments (SCAG) for $500 million and the Metropolitan Transportation Commission (MTC) for $600 million. The MOU with MTC would primarily fund the electrification of the Caltrain corridor between San Francisco and San Jose. The MOU with SCAG would fund projects on the Metrolink Antelope Valley line between Palmdale and the San Fernando Valley necessary to improve travel times for Metrolink trains providing service for high-speed rail as part of the blended system, as well as lay the foundation for future, dedicated high-speed rail service on the southern end of the Initial Operating Segment." The southern bookend projects include investments at Union Station to improve throughput for high-speed trains, and a number of grade separation projects. The control language for this appropriation specifies that the funds are available for encumbrance or liquidation until June 30, 2018. Proposed Law: AB 1889 would specify, for purposes of a certain funding plan required in existing law for each usable segment of the high-speed rail project, that a corridor or usable segment is "suitable and ready for high-speed train operation" if bond proceeds are used for capital project costs that would enable high-speed trains to operate immediately or after additional planned investments on the corridor or usable segment, and passenger train service providers will benefit from the project in the near-term. Staff Comments: This bill provides clarity that the 2012 appropriation of $1.1 billion in Prop 1A bond funds for "bookend" investments was intended to be consistent with the blended system strategy identified in the HSRA's 2012 Business Plan. The blended system provides for incremental investments in a bookend corridor that benefit regional rail in the short term and both regional and intercity high-speed rail in the long term. Specifically, the bill explicitly states that a corridor is "suitable and ready for high-speed train operation" if bond allocations are used to benefit passenger train service providers in the short term while enabling high-speed trains to operate in the corridor after additional planned investments are AB 1889 (Mullin) Page 3 of ? completed in the future. The bill could be perceived as a simple clarification of legislative intent relative to the previous appropriation of $1.1 billion in Prop 1A bond funds for "bookend" projects, which may help accelerate those projects. Absent the bill, however, it is plausible that the initial appropriation authority provided in SB 1029 would expire before funds could be dedicated to investments in "bookend" projects. If this were to occur, the Legislature would need to re-appropriate funds in the future in order for the Caltrain electrification project on the northern end, and Union Station improvements and grade separation projects on the southern end, to move forward. -- END --