Amended in Senate August 2, 2016

Amended in Senate June 9, 2016

Amended in Assembly March 15, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2170


Introduced by Assembly Member Frazier

(Coauthors: Senators Hueso and Huff)

February 18, 2016


An act to amend 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 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 planbegin insert and, for the nonfederal funds, the California Sustainable Freight Action Planend insert 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:

P2    1

SECTION 1.  

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

3

2192.  

(a) (1) The 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
6state sources other than the Highway Safety, Traffic Reduction,
7Air Quality, and Port Security Bond Act of 2006.

8(2) Revenues apportioned to the state under Section 167 of Title
923 of the United States Code from the National Highway Freight
10Program, pursuant to the federal Fixing America’s Surface
11Transportation Act (“FAST Act”; Public Law 114-94) shall be
12allocated for projects approved pursuant to this chapter.

13(b) This chapter shall govern expenditure of those state and
14federal revenues described in subdivision (a).

15(c) The funding described in subdivision (a) shall be available
16upon appropriation for allocation by the California Transportation
17Commission for infrastructure improvements in this state on
18federally designated Trade Corridors of National and Regional
19Significance, on the Primary Freight Network, and along other
20corridors that have a high volume of freight movement, as
21determined by the commission. In determining the projects eligible
22for funding, the commission shall consult the Transportation
23Agency’s state freight plan as described in Section 13978.8 of the
24Government Code, and the trade infrastructure and goods
P3    1movement plan submitted to the commission by the Secretary of
2Transportation and the Secretary for Environmental Protection.
3The commission shall also consult trade infrastructure and goods
4movement plans adopted by regional transportation planning
5agencies, adopted regional transportation plans required by state
6and federal law, and the applicable port master plan when
7determining eligible projects for funding.begin insert The commission shall
8also consult the California Sustainable Freight Action Plan when
9determining eligible projects for funding with funds other than
10those described in paragraph (2) of subdivision (a).end insert
Eligible
11projects forbegin delete these fundsend deletebegin insert the funding described in subdivision (a)end insert
12 include, but are not limited to, all of the following:

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

21(2) Freight rail system improvements to enhance the ability to
22move goods from seaports, land ports of entry, and airports to
23warehousing and distribution centers throughout California,
24including projects that separate rail lines from highway or local
25road traffic, improve freight rail mobility through mountainous
26regions, relocate rail switching yards, and other projects that
27improve the efficiency and capacity of the rail freight system.

28(3) Projects to enhance the capacity and efficiency of ports.

29(4) Truck corridor and capital and operational improvements,
30including dedicated truck facilities or truck toll facilities.

31(5) Border capital and operational improvements that enhance
32goods movement between California and Mexico and that
33maximize the state’s ability to access funds made available to the
34state by federal law.

35(6) Surface transportation and connector road improvements to
36effectively facilitate the movement of goods, particularly for
37ingress and egress to and from the state’s land ports of entry,
38airports, and seaports, to relieve traffic congestion along major
39trade or goods movement corridors.

P4    1(d) (1) Except as provided in paragraph (2), the commission
2shall allocate the funding described in subdivision (a) for trade
3infrastructure improvements consistent with Section 8879.52 of
4the Government Code and the Trade Corridors Improvement Fund
5(TCIF) Guidelines adopted by the commission on November 27,
62007, or as amended by the commission, and in a manner that (A)
7addresses the state’s most urgent needs, (B) balances the demands
8of various land ports of entry, seaports, and airports, (C) provides
9reasonable geographic balance between the state’s regions, (D)
10 places emphasis on projects that improve trade corridor mobility
11and safety while reducing emissions of diesel particulate and other
12pollutant emissions, and reducing other negative community
13impacts, and (E) makes a significant contribution to the state’s
14economy.

15(2) The commission shall allocate the federal freight funding,
16specifically, pursuant to the original TCIF Guidelines, as adopted
17by the commission on November 27, 2007, and in the manner
18described inbegin delete subparagraphsend delete (A) to (E), inclusive, of paragraph (1).

19(3) In addition, the commission shall also consider the following
20factors when allocating these funds:

21(A) “Velocity,” which means the speed by which large cargo
22would travel from the land port of entry or seaport through the
23distribution system.

24(B) “Throughput,” which means the volume of cargo that would
25move from the land port of entry or seaport through the distribution
26system.

27(C) “Reliability,” which means a reasonably consistent and
28predictable amount of time for cargo to travel from one point to
29another on any given day or at any given time in California.

30(D) “Congestion reduction,” which means the reduction in
31recurrent daily hours of delay to be achieved.

32

SEC. 2.  

Section 2192.2 of the Streets and Highways Code is
33amended to read:

34

2192.2.  

The commission shall allocate funds made available
35by this chapter to projects that have identified and committed
36supplemental funding from appropriate local, federal, or private
37sources. The commission shall determine the appropriate amount
38of supplemental funding each project should have to be eligible
39for moneys based on a project-by-project review and an assessment
40of the project’s benefit to the state and the program. Funded
P5    1improvements shall have supplemental funding that is at least equal
2to the amount of the contribution under this chapter. The
3commission may give priority for funding to projects with higher
4levels of committed supplemental funding.



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