BILL ANALYSIS Ó AB 2620 Page 1 Date of Hearing: April 18, 2016 ASSEMBLY COMMITTEE ON TRANSPORTATION Jim Frazier, Chair AB 2620 (Dababneh) - As Amended April 11, 2016 SUBJECT: Passenger rail projects: funding SUMMARY: Authorizes the California Transportation Commission (CTC) to reallocate funds from the Proposition 116 (1990) program, if they are not encumbered or expended by 2020, for other existing passenger rail projects with existing rail service. EXISTING LAW: 1)Enacts Proposition 116, the Clean Air and Transportation Improvement Act (CATIA), which authorized $1.99 billion in general obligation bonds for specific projects, purposes, and geographic jurisdictions, primarily for passenger rail capital projects. 2)Allows the Legislature to reallocate funds not expended or encumbered by July 1, 2010, to any passenger rail project in the state by a two-thirds vote in each house. AB 2620 Page 2 3)Creates the CTC with specified powers and duties relative to the programming of transportation capital improvement projects and the allocations of transportation revenues. FISCAL EFFECT: Unknown COMMENTS: Proposition 116, which was approved by voters in 1990, authorized $1.99 billion in general obligation bonds for a variety of intercity passenger rail, commuter rail, transit and other projects. Specifically, $1.852 billion was authorized for the preservation, acquisition, construction, or improvement of rail rights-of-way, rail terminals and stations, rolling stock acquisition, grade separations, rail maintenance facilities, and other capital expenditures for rail purposes. Additionally, $73 million was authorized for 28 non-urban counties for various rail projects, the purchase of paratransit vehicles, and other capital facilities for public transportation. Finally, for non-rail projects, $20 million was available for a competitive bicycle program for capital outlay for bicycle improvement projects and $30 million for a water-borne ferry program. Proposition 116 is administered by the California Department of Transportation (Caltrans) and the CTC and is programmed and allocated in two-step process similar to the process used for the State Transportation Improvement Program (STIP). First, the CTC programs the funds for projects eligible under the original authorization, which it does by approving project applications that define a project's scope, schedule, and funding. Then the CTC allocates the funds when the project is ready for funding. As part of its 2015 Annual Report to the California Legislature, the CTC urged the Legislature to enact legislation to sunset the Proposition 116 program and reallocate any funds remaining at that time to other passenger rail projects. The CTC reports the AB 2620 Page 3 most recent action for allocating funds from the program occurred in 2014-15, and as of June 30, 2015, of the amounts programmed only $12.7 million remains unallocated. According to the author, during a time when many are looking for a funding source and solution to maintain and repair California's transportation infrastructure, California should better utilize existing funding sources. Further he states that, in the case of Prop 116, money has been allocated, yet some of these funds have not been utilized and if they remain unused for an extended period of time, the state should reallocate the funds to projects which will move forward. The author continues that, while there has been little activity related to these funds, the additional administrative cost to the state can be avoided if the program sunset and the funds were redirected to existing projects. The CTC has recommended the Proposition 116 program be sunsetted and the funds be reallocated for many years now. The CTC is working with the remaining local agencies on their programmed projects to try to finalize any allocations. AB 2620 would allow the CTC to continue this process until 2020 before any reallocation would occur. The CTC would then be able to reallocate any unallocated funds to other passenger rail projects in the state as outlined in the proposition. As the state continues to grapple with funding shortfalls in all modes of transportation, utilizing existing, unused Proposition 116 revenues for other rail projects seems appropriate. AB 2620 Page 4 Related legislation: AB 2411 (Frazier), stops the transfer of miscellaneous transportation revenues, such as the sale of property, to the general fund to pay the general obligation bond debt service for Proposition 116 bonds. AB 2411 is awaiting a hearing in the Assembly Appropriations Committee. REGISTERED SUPPORT / OPPOSITION: Support California Transportation Commission Opposition None on file Analysis Prepared by:Melissa White / TRANS. / (916) 319-2093 AB 2620 Page 5