Amended in Assembly March 15, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2170


Introduced by Assembly Member Frazier

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(Coauthor: Senator Hueso)

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February 18, 2016


An act to amendbegin delete Sectionend deletebegin insert Sectionsend insert 2192begin insert and 2192.2end insert of the Streets and Highways Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

AB 2170, as amended, Frazier. Trade Corridors Improvement Fund: federal funds.

The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Proposition 1B) created the Trade Corridors Improvement Fund and provided for allocation by the California Transportation Commission of $2 billion in bond funds for infrastructure improvements on highway and rail corridors that have a high volume of freight movement, and specified categories of projects eligible to receive these funds. Existing law continues the Trade Corridors Improvement Fund in existence in order to receive revenues from sources other than the bond act for these purposes.

This bill would require revenues apportioned to the state from the National Highway Freight Program established by the federal Fixing America’s Surface Transportation Act to bebegin delete deposited in the Trade Corridors Improvement Fund.end deletebegin insert allocated for trade corridor improvement projects approved pursuant to these provisions.end insert

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Existing law requires the commission, in determining projects eligible for funding, to consult various state freight and regional infrastructure and goods movement plans and the statewide port master plan.

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This bill would delete consideration of the State Air Resources Board’s Sustainable Freight Strategy and the statewide port master plan and would instead include consideration of the applicable port master plan when determining eligible projects for funding. The bill would also expand eligible projects to include rail landside access improvements, landside freight access improvements to airports, and certain capital and operational improvements.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 2192 of the Streets and Highways Code
2 is amended to read:

3

2192.  

(a) begin insert(1)end insertbegin insertend insertThe Trade Corridors Improvement Fund, created
4pursuant to subdivision (c) of Section 8879.23 of the Government
5Code, is hereby continued in existence to receive revenues from
6begin insert stateend insert sources other than the Highway Safety, Traffic Reduction,
7Air Quality, and Port Security Bond Act ofbegin delete 2006, including
8revenuesend delete
begin insert 2006.end insert

9begin insert(2)end insertbegin insertend insertbegin insertRevenuesend insert apportioned to the state under Section 167 ofbegin delete theend delete
10 Title 23 of the United States Code from the National Highway
11Freight Program, pursuant to the federal Fixing America’s Surface
12Transportation Act (“FAST Act”; Public Lawbegin delete 114-94). Thisend delete
13begin insert 114-94) shall be allocated for projects approved pursuant to this
14chapter.end insert

15begin insert(b)end insertbegin insertend insertbegin insertThisend insert chapter shall govern expenditure of thosebegin delete otherend deletebegin insert state
16and federal described in subdivision (a)end insert
revenues.

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17(b)

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18begin insert(c)end insert Thebegin delete moneys in the fund from those other sourcesend deletebegin insert funding
19described in subdivision (a)end insert
shall be available upon appropriation
20for allocation by the California Transportation Commission for
21infrastructure improvements in this state on federally designated
22Trade Corridors of National and Regional Significance, on the
23Primary Freight Network, and along other corridors that have a
24high volume of freight movement, as determined by the
25commission. In determining the projects eligible for funding, the
26commission shall consult the Transportation Agency’s state freight
27plan as described in Section 13978.8 of the Government Code,begin delete the
28State Air Resources Board’s Sustainable Freight Strategy adopted
P3    1by Resolution 14-2,end delete
and the trade infrastructure and goods
2movement plan submitted to the commission by the Secretary of
3Transportation and the Secretary for Environmental Protection.
4The commission shall also consult trade infrastructure and goods
5movement plans adopted by regional transportation planning
6agencies, adopted regional transportation plans required by state
7and federal law, and thebegin delete statewideend deletebegin insert applicableend insert port master plan
8begin delete prepared by the California Marine and Intermodal Transportation
9System Advisory Council (Cal-MITSAC) pursuant to Section 1730
10of the Harbors and Navigation Code,end delete
when determining eligible
11projects for funding. Eligible projects for these funds include, but
12are not limited to, all of the following:

13(1) Highway capacitybegin delete improvementsend deletebegin insert improvements, rail landside
14access improvements, landside freight access improvements to
15airports,end insert
and operational improvements to more efficiently
16accommodate the movement of freight, particularly for ingress
17and egress to and from the state’s land ports ofbegin delete entryend deletebegin insert entry, rail
18terminals,end insert
and seaports, including navigable inland waterways
19used to transport freight between seaports, land ports of entry, and
20airports, and to relieve traffic congestion along major trade or
21goods movement corridors.

22(2) Freight rail system improvements to enhance the ability to
23move goods from seaports, land ports of entry, and airports to
24warehousing and distribution centers throughout California,
25including projects that separate rail lines from highway or local
26road traffic, improve freight rail mobility through mountainous
27regions, relocate rail switching yards, and other projects that
28improve the efficiency and capacity of the rail freight system.

29(3) Projects to enhance the capacity and efficiency of ports.

30(4) Truck corridorbegin insert and capital and operationalend insert improvements,
31including dedicated truck facilities or truck toll facilities.

32(5) Borderbegin delete accessend deletebegin insert capital and operationalend insert improvements that
33enhance goods movement between California and Mexico and that
34maximize the state’s ability to access begin delete coordinated border
35 infrastructureend delete
funds made available to the state by federal law.

36(6) Surface transportation and connector road improvements to
37effectively facilitate the movement of goods, particularly for
38ingress and egress to and from the state’s land ports of entry,
39airports, and seaports, to relieve traffic congestion along major
40trade or goods movement corridors.

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P4    1(c)

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2begin insert(d)end insert (1) The commission shall allocatebegin delete fundsend deletebegin insert the funding
3described in subdivision (a)end insert
for trade infrastructure improvements
4begin delete from the fundend delete consistent with Section 8879.52 of the Government
5Code and the Trade Corridors Improvement Fund (TCIF)
6Guidelines adopted by the commission on November 27, 2007, or
7as amended by the commission, and in a manner that (A) addresses
8the state’s most urgent needs, (B) balances the demands of various
9land ports of entry, seaports, and airports, (C) provides reasonable
10geographic balance between the state’s regions,begin delete andend delete (D) places
11emphasis on projects that improve trade corridor mobilitybegin insert and
12safetyend insert
while reducing emissions of diesel particulate and other
13pollutantbegin delete emissions.end deletebegin insert emissions, and reducing other negative
14community impacts, and (E) makes a significant contribution to
15the state’s economy.end insert

16(2) In addition, the commission shall also consider the following
17factors when allocating these funds:

18(A) “Velocity,” which means the speed by which large cargo
19would travel from the land port of entry or seaport through the
20distribution system.

21(B) “Throughput,” which means the volume of cargo that would
22move from the land port of entry or seaport through the distribution
23system.

24(C) “Reliability,” which means a reasonably consistent and
25predictable amount of time for cargo to travel from one point to
26another on any given day or at any given time in California.

27(D) “Congestion reduction,” which means the reduction in
28recurrent daily hours of delay to be achieved.

29begin insert

begin insertSEC. 2.end insert  

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begin insertSection 2192.2 of the end insertbegin insertStreets and Highways Codeend insertbegin insert is
30amended to read:end insert

31

2192.2.  

The commission shall allocate funds made available
32by this chapter to projects that have identified and committed
33supplemental funding from appropriate local, federal, or private
34sources. The commission shall determine the appropriate amount
35of supplemental funding each project should have to be eligible
36for moneysbegin delete from the fundend delete based on a project-by-project review
37and an assessment of the project’s benefit to the state and the
38program. Except for borderbegin delete accessend deletebegin insert capital and operationalend insert
39 improvements described in paragraph (5) of subdivisionbegin delete (b)end deletebegin insert (c)end insert of
40Section 2192, improvements fundedbegin delete with moneys from the fundend delete
P5    1 shall have supplemental funding that is at least equal to the amount
2of the contributionbegin delete from the fund.end deletebegin insert under this chapter.end insert The
3commission may give priority for funding to projects with higher
4levels of committed supplemental funding.



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