BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2170


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          ASSEMBLY THIRD READING


          AB  
          2170 (Frazier)


          As Amended  March 15, 2016


          Majority vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Transportation  |16-0 |Frazier, Linder,      |                    |
          |                |     |Baker, Bloom, Brown,  |                    |
          |                |     |Chu, Daly, Dodd,      |                    |
          |                |     |Eduardo Garcia,       |                    |
          |                |     |Gomez, Kim, Mathis,   |                    |
          |                |     |Medina, Melendez,     |                    |
          |                |     |Nazarian, O'Donnell   |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |20-0 |Gonzalez, Bigelow,    |                    |
          |                |     |Bloom, Bonilla,       |                    |
          |                |     |Bonta, Calderon,      |                    |
          |                |     |Chang, Daly, Eggman,  |                    |
          |                |     |Gallagher, Eduardo    |                    |
          |                |     |Garcia, Roger         |                    |
          |                |     |Hernández, Holden,    |                    |
          |                |     |Jones, Obernolte,     |                    |
          |                |     |Quirk, Santiago,      |                    |
          |                |     |Wagner, Weber, Wood   |                    |
          |                |     |                      |                    |








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          |                |     |                      |                    |
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          SUMMARY:  Requires federal freight revenues apportioned to  
          California from the Fixing America's Surface Transportation  
          (FAST) Act be deposited into the Trade Corridor Improvement Fund  
          (TCIF) and apportioned to state, regional, and local  
          transportation entities by the California Transportation  
          Commission (Commission) in accordance with federal requirements  
          and TCIF program guidelines.  Specifically, this bill:  


          1)Requires that federal FAST Act freight funding be deposited  
            into the TCIF and allocated in accordance with TCIF program  
            guidelines as well as FAST Act requirements.


          2)Updates the list of plans guiding TCIF investments by deleting  
            references to the outdated port master plan developed by the  
            California Marine and Intermodal Transportation System  
            Advisory (CALMITSAC) and the California Air Resources Board's  
            (ARB's) Sustainable Freight Strategy that will be superseded  
            by the California Sustainable Freight Action Plan later this  
            year.


          3)Makes related, clarifying amendments.


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, allocates federal revenues estimated to average $116  
          million annually over five years to the CTC, for allocation to  
          the state and local entities.


          COMMENTS:  The TCIF program was created after voters approved  
          Proposition 1B in 2006 which authorized the sale of general  
          obligation bonds to fund transportation projects across the  








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          state to relieve congestion, improve goods movement flow,  
          enhance the safety and security of the transportation system,  
          and improve the state's air quality.  Of the $19.9 billion  
          approved by voters, $2 billion of bond proceeds were placed into  
          the then-newly created TCIF program to fund transportation  
          corridor improvements.  The TCIF program, administered by the  
          Commission in accordance with the TCIF guidelines, was  
          designated to fund projects identified in specified  
          transportation infrastructure planning documents.  The TCIF  
          guidelines ensured that funds were equitably distributed across  
          the state, that the highest statewide priority projects were  
          funded, and that funds were leveraged to ensure that the  
          greatest number of projects were completed.  The Commission also  
          successfully ensured that these projects were completed on  
          schedule and within budget.  


          Not only did TCIF achieve the goal of getting regions around the  
          state to work together to complete priority projects, it also  
          created jobs, reduced congestion, improved the state's air  
          quality, and helped the state achieve its emissions reduction  
          goals.  Additionally, by requiring that projects receive  
          matching funds, the TCIF successfully leveraged the program's $2  
          billion in bond funds to complete $7.2 billion in projects.  


          While the TCIF program was created to distribute Proposition 1B  
          funds specifically, in 2014, SB 1228 (Hueso), Chapter 787,  
          continued the existence of the TCIF and allowed it to receive  
          funding from sources other than the general obligation bonds  
          originally authorized under Proposition 1B.  In accordance with  
          SB 1228, revenues appropriated by the Legislature, such as cap  
          and trade revenues, can be transferred into the TCIF and  
          allocated by the Commission for specified projects in accordance  
          with TCIF.  


          In recent years, the federal government has placed a greater  
          emphasis on planning for and funding goods movement projects.   








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          For example, MAP-21 specifically directed the states to create  
          state freight plans in order to be able to be eligible for  
          future freight funding.  In response, the Legislature passed AB  
          14 (Lowenthal), Chapter 223, Statutes of 2013, which directed  
          the development of a state freight plan in accordance with  
          MAP-21 requirements, no later than December, 2014.  This plan,  
          the California Freight Mobility Plan (CFMP), addressed the  
          state's strategic goals for freight transportation and  
          identified a total of $138 billion worth of freight system  
          projects across the state with a total of 94 projects, totaling  
          nearly $31 billion, identified as Tier 1 projects. 


          On December 4, 2015, the FAST Act was signed into law and  
          becoming the first federal transportation bill to emphasize  
          goods movement projects by dedicating up to $6.2 billion  
          nationally for freight-related projects over five years.  Of  
          this total, California expects to receive an annual average of  
          $116 million per year over five years for freight projects  
          identified the CFMP.  Beyond the requirement that projects be  
          included in a state freight plan, however, the FAST Act did  
          specifically outline how the federal freight funding should be  
          distributed.  Recently, the Administration indicated their  
          intent, through budget trailer bill language, to distribute the  
          federal freight funds with 50% of the funds allocated to the  
          state and 50% to the regions through a modified TCIF program.   
          The author firmly believes, that dividing designated federal  
          freight funding in this manner would dilute the capacity to use  
          the funds to their fullest advantage.  Specifically, he notes  
          that the existing TCIF program provides a proven model of  
          collaboration between the region with an equitable distribution  
          of transportation funds across the state, that the Commission  
          has proven itself to  successfully hold TCIF program  
          participants to tight project schedules and budget, and, most  
          importantly, that the TCIF is a proven mechanism to leverage  
          funds.


          Please see the policy committee analysis for full discussion of  








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          this bill.




          Analysis Prepared by:                                             
                          Victoria Alvarez / TRANS. / (916) 319-2093  FN:  
          0003167