BILL NUMBER: AB 2170 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 17, 2016
AMENDED IN SENATE AUGUST 2, 2016
AMENDED IN SENATE JUNE 9, 2016
AMENDED IN ASSEMBLY MARCH 15, 2016
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 plan and, for the nonfederal funds,
and the California Sustainable Freight Action Plan
of July 2016 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.
The bill would require the commission to use existing guidelines for
the Trade Corridors Improvement Fund in allocating available funding
but would authorize the commission to adopt amendments to the
guidelines by April 1, 2017, and would impose various other
requirements on the commission.
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.
(2) Revenues apportioned to the state under Section 167 of 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) shall be allocated
for projects approved pursuant to this chapter.
(b) This chapter shall govern expenditure of those state and
federal revenues described in subdivision (a).
(c) The 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, and the trade
infrastructure and goods movement plan submitted to the commission by
the Secretary of Transportation and the Secretary for Environmental
Protection. Code and the California Sustainable
Freight Action Plan released in July 2016 pursuant to Executive Order
B-32-15. 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 applicable port
master plan when determining eligible projects for funding.
The commission shall also consult the California Sustainable Freight
Action Plan when determining eligible projects for funding with funds
other than those described in paragraph (2) of subdivision (a).
Eligible projects for the funding described in subdivision
(a) shall further the state's economic, environmental, and
public health objectives and goals for freight policy, as
articulated in the plans to be consulted pursuant to this
subdivision, and may include, but are not limited to, all of
the following:
(1) Highway capacity 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, 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 capital and operational improvements that enhance goods
movement between California and Mexico and that maximize the state's
ability to access 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.
(d) (1) Except as provided in paragraph (2), the
In selecting projects for inclusion in the program of
projects to be funded with funds described in subdivision (a), the
commission shall evaluate the total potential costs and total
potential economic and noneconomic benefits of the program to
California's economy, environment, and public health. The
commission shall consult with the State Air Resources Board in order
to utilize the appropriate models, techniques, and methods to develop
the parameters for evaluation of projects. The commission
shall allocate the funding described in subdivision (a) for trade
infrastructure improvements 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, (D) places emphasis
on projects that improve trade corridor mobility and safety while
reducing emissions of diesel particulate
particulates, greenhouse gases, and other pollutant
emissions, pollutants, and reducing other
negative community impacts, and (E) makes a significant contribution
to the state's economy. The commission shall adopt any
amendments to the 2007 guidelines on or before April 1, 2017.
(2) The commission shall allocate the federal freight funding,
specifically, pursuant to the original TCIF Guidelines, as adopted by
the commission on November 27, 2007, and in the manner described in
(A) to (E), inclusive, of paragraph (1).
(2) In adopting amended guidelines, and developing and adopting
the program of projects, the commission shall do all of the
following:
(A) Accept nominations for projects to be included in the program
of projects from regional and local transportation agencies and the
Department of Transportation.
(B) Recognize the key role of the state in project identification
and support integrating statewide goods movement priorities into the
corridor approach.
(C) Make a finding that adoption and delivery of the program of
projects is in the public interest.
(3) 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 based on a project-by-project review and an assessment of the
project's benefit to the state and the program. Funded improvements
shall have supplemental funding that is at least equal to the amount
of the contribution under this chapter. The commission may give
priority for funding to projects with higher levels of committed
supplemental funding.