BILL NUMBER: AB 2170 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 15, 2016
INTRODUCED BY Assembly Member Frazier
( Coauthor: Senator Hueso
)
FEBRUARY 18, 2016
An act to amend Section Sections
2192 and 2192.2 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 be deposited in the
Trade Corridors Improvement Fund. allocated for trade
corridor improvement projects approved pursuant to these provisions.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2192 of the Streets and Highways Code is
amended to read:
2192. (a) (1) The Trade Corridors
Improvement Fund, created pursuant to subdivision (c) of Section
8879.23 of the Government Code, is hereby continued in existence to
receive revenues from state sources other than the Highway
Safety, Traffic Reduction, Air Quality, and Port Security Bond Act
of 2006, including revenues 2006.
(2) Revenues apportioned to the
state under Section 167 of the Title 23 of the
United States Code from the National Highway Freight Program,
pursuant to the federal Fixing America's Surface Transportation Act ("
FAST Act"; Public Law 114-94). This 114-94)
shall be allocated for projects approved pursuant to this chapter.
(b) This chapter shall govern
expenditure of those other state and federal
described in subdivision (a) revenues.
(b)
(c) The moneys in the fund from those other
sources funding described in subdivision (a)
shall be available upon appropriation for allocation by the
California Transportation Commission for infrastructure improvements
in this state on federally designated Trade Corridors of National and
Regional Significance, on the Primary Freight Network, and along
other corridors that have a high volume of freight movement, as
determined by the commission. In determining the projects eligible
for funding, the commission shall consult the Transportation Agency's
state freight plan as described in Section 13978.8 of the Government
Code, the State Air Resources Board's Sustainable Freight
Strategy adopted by Resolution 14-2, and the trade
infrastructure and goods movement plan submitted to the commission by
the Secretary of Transportation and the Secretary for Environmental
Protection. The commission shall also consult trade infrastructure
and goods movement plans adopted by regional transportation planning
agencies, adopted regional transportation plans required by state and
federal law, and the statewide applicable
port master plan prepared by the California Marine and
Intermodal Transportation System Advisory Council (Cal-MITSAC)
pursuant to Section 1730 of the Harbors and Navigation Code,
when determining eligible projects for funding. Eligible
projects for these funds include, but are not limited to, all of the
following:
(1) Highway capacity improvements
improvements, rail landside access improvements, landside freight
access improvements to airports, and operational improvements
to more efficiently accommodate the movement of freight, particularly
for ingress and egress to and from the state's land ports of
entry entry, rail terminals, and
seaports, including navigable inland waterways used to transport
freight between seaports, land ports of entry, and airports, and to
relieve traffic congestion along major trade or goods movement
corridors.
(2) Freight rail system improvements to enhance the ability to
move goods from seaports, land ports of entry, and airports to
warehousing and distribution centers throughout California, including
projects that separate rail lines from highway or local road
traffic, improve freight rail mobility through mountainous regions,
relocate rail switching yards, and other projects that improve the
efficiency and capacity of the rail freight system.
(3) Projects to enhance the capacity and efficiency of ports.
(4) Truck corridor and capital and operational
improvements, including dedicated truck facilities or truck toll
facilities.
(5) Border access capital and operational
improvements that enhance goods movement between California and
Mexico and that maximize the state's ability to access
coordinated border infrastructure funds made available to
the state by federal law.
(6) 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.
(c)
(d) (1) The commission shall allocate funds
the funding described in subdivision (a) for
trade infrastructure improvements from the fund
consistent with Section 8879.52 of the Government Code and the Trade
Corridors Improvement Fund (TCIF) Guidelines adopted by the
commission on November 27, 2007, or as amended by the commission, and
in a manner that (A) addresses the state's most urgent needs, (B)
balances the demands of various land ports of entry, seaports, and
airports, (C) provides reasonable geographic balance between the
state's regions, and (D) places emphasis on
projects that improve trade corridor mobility and safety
while reducing emissions of diesel particulate and other pollutant
emissions. emissions, and reducing other
negative community impacts, and (E) makes a significant contribution
to the state's economy.
(2) In addition, the commission shall also consider the following
factors when allocating these funds:
(A) "Velocity," which means the speed by which large cargo would
travel from the land port of entry or seaport through the
distribution system.
(B) "Throughput," which means the volume of cargo that would move
from the land port of entry or seaport through the distribution
system.
(C) "Reliability," which means a reasonably consistent and
predictable amount of time for cargo to travel from one point to
another on any given day or at any given time in California.
(D) "Congestion reduction," which means the reduction in recurrent
daily hours of delay to be achieved.
SEC. 2. Section 2192.2 of the Streets
and Highways Code is amended to read:
2192.2. The commission shall allocate funds made available by
this chapter to projects that have identified and committed
supplemental funding from appropriate local, federal, or private
sources. The commission shall determine the appropriate amount of
supplemental funding each project should have to be eligible for
moneys from the fund based on a project-by-project
review and an assessment of the project's benefit to the state and
the program. Except for border access capital
and operational improvements described in paragraph (5) of
subdivision (b) (c) of Section 2192,
improvements funded with moneys from the fund
shall have supplemental funding that is at least equal to the amount
of the contribution from the fund. under this
chapter. The commission may give priority for funding to
projects with higher levels of committed supplemental funding.