BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2841


                                                                    Page  1





          Date of Hearing:  May 4, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2841 (Travis Allen) - As Amended April 6, 2016


           ----------------------------------------------------------------- 
          |Policy       |Jobs, Economic Development,    |Vote:|9 - 0        |
          |Committee:   |and the Economy                |     |             |
          |             |                               |     |             |
          |             |                               |     |             |
          |-------------+-------------------------------+-----+-------------|
          |             |Local Government               |     |8 - 0        |
          |             |                               |     |             |
          |             |                               |     |             |
          |-------------+-------------------------------+-----+-------------|
          |             |                               |     |             |
          |             |                               |     |             |
          |             |                               |     |             |
           ----------------------------------------------------------------- 


          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill creates a process for a harbor agency to receive  
          project valuations from the California Infrastructure and  
          Economic Development Bank (I-Bank), contingent upon an  
          appropriation for this purpose in the budget act.  Specifically,  








                                                                    AB 2841


                                                                    Page  2





          this bill:  


          1)Specifies Legislative intent that seaport infrastructure  
            financing be developed in a manner that: a) improves public  
            port assets, infrastructure, and operations; and b) achieves  
            the public goals of improving the state's waterborne commerce,  
            enhancing economic prosperity, and financing the costs of  
            environmental mitigation and improvement.
          2)Requires the I-Bank, after consulting with the appropriate  
            state and local agencies, to establish guidelines for the  
            selection of projects to receive assistance. 


          3)Allows I-Bank to accept applications for a proposed project  
            valuation consistent with the criteria, priorities, and  
            guidelines adopted by the Board of the harbor agency, and  
            specifies the contents of the application.


          4)Requires a harbor agency to adopt a resolution setting forth  
            estimates of the state fiscal and economic impacts that will  
            result from the proposed project, as specified.


          5)Requires the I-Bank, upon receipt of the proposed project  
            valuation, to approve, require a modification of, or deny the  
            proposed project valuation, as specified.


          6)Prohibits the I-Bank from approving a proposed project  
            valuation, if the State Lands Commission objects to a finding  
            made by a harbor agency that the project to be financed is  
            consistent with state tidelands trust and the terms and  
            conditions of any grant of trust lands to the harbor agency.


          7)Requires the I-Bank to provide notice to the Department of  
            Finance (DOF) within 30 days 








                                                                    AB 2841


                                                                    Page  3







          of approving a proposed project valuation, and requires that  
            notice include, at a minimum, the dollar amount of the  
            valuation and any other information requested by DOF.   
            Requires DOF to include an amount equal to the approved  
            project valuation in the appropriation for the I-Bank Fund, as  
            specified, in the Governor's proposed annual budget.
          8)Requires the I-Bank to remit funding to the harbor agency only  
            upon an appropriation by the Legislature of moneys for that  
            purpose.


          9)Allows the I-Bank to require the harbor agency to demonstrate  
            it has sufficient resources to complete the infrastructure  
            development project or install the equipment purchased.


          10)Requires the I-Bank to prepare a report on its activities and  
            post that report in its Web site.


          FISCAL EFFECT:


          1)One-time General Fund cost pressures of $750,000 to develop a  
            new program within the I-Bank to provide assistance to harbor  
            agencies. The I-Bank would need to develop the criteria,  
            priorities, and guidelines and set up the organizational  
            structure for the program. Ongoing General Fund cost pressures  
            of $810,000 to manage the new program, including hiring loan  
            officers, a compliance officer and administrative support.  
            There are approximately 12 projects that appear to have an  
            interest in applying for this program.



            The program established by this bill is contingent upon an  
            appropriation in the budget act. The bill also requires the  








                                                                    AB 2841


                                                                    Page  4





            harbor agency to reimburse the I-Bank for expenses incurred  
            for the review and processing of the proposed financing of a  
            project, but it is likely an initial state investment would be  
            needed. 





          2)Future state cost pressures, likely in the billions of  
            dollars, to provide funding for port investments. Ports  
            anticipate the I-Bank would annually request funds through the  
            budget process based on applications that meet standards  
            developed in the criteria, priorities, and guidelines of the  
            program. 
          COMMENTS:


          1)Purpose. This bill is supported by the Pacific Merchant  
            Shippers Association. According to the text of the bill, the  
            state's interest in the reduction of mobile source emissions  
            from the freight sector and supply chain, including those  
            emissions from sources that operate at ports, are matters of  
            statewide significance. In consideration of these  
            environmental matters, the state has a paramount interest in  
            creating incentives that will precipitate early investment by  
            the industry in the newest generation of zero-emission and  
            near-zero-emission equipment, and supporting infrastructure at  
            marine terminals and port facilities. Due to the costs of  
            those investments over and above the use of traditional  
            equipment, this is an infrastructure need that cannot be met  
            by private investment alone, and therefore public financing  
            mechanisms and the implementation of public-private  
            partnerships are required to support this new investment. 


            This bill creates a process for a harbor agency to apply for  
            funding through the I-Bank, and gives the I-Bank the authority  
            to establish criteria, priorities, and guidelines for the  








                                                                    AB 2841


                                                                    Page  5





            selection of projects to receive assistance from the I-Bank. 


          2)Background. Seaports and harbors in California generally do  
            not levy or expend any funds generated by local taxes, as most  
            of their operations are funded directly through fees, tariffs,  
            leases, and other revenue the seaports and harbors generate  
            from their users and tenants, in addition to the occasional  
            state or federal grant.


            Existing law authorizes the formation of Port Infrastructure  
            and Financing Authorities, which allows two or more local  
            agencies that operate ports or harbors (harbor agencies) to  
            form a joint powers authority to finance specified port and  
            harbor infrastructure projects.  These authorities are  
            intended to improve access to ports by allowing for the  
            financing of roads and rail lines, piers, docks, channel  
            improvements, breakwaters, warehouses and storage facilities,  
            parks and recreation facilities, remediation, drainage,  
            wastewater and electric facilities, and other projects.  Port  
            or harbor infrastructure projects may be privately operated,  
            but all projects must have a primary or predominant use that  
            is of direct benefit to the port or harbor.


            The California Infrastructure and Economic Development Bank  
            (I-Bank) was created to finance public infrastructure and  
            private development that promotes economic growth. I-Bank has  
            a broad authority to issue tax-exempt and taxable revenue  
            bonds, provide financing to public agencies, provide credit  
            enhancements, acquire or lease facilities, and leverage state  
            and federal funds. I-Bank's current programs include the  
            infrastructure state revolving fund, 501(c)(3) tax exempt and  
            taxable revenue bond program, industrial development revenue  
            bond program, exempt facility revenue bond program,  
            governmental bond program and the Clean Energy Finance Center  
            (CEFC) and the Statewide Energy Efficiency Program under the  
            CEFC.








                                                                    AB 2841


                                                                    Page  6







            The I-Bank currently does not have any programs that require a  
            general fund appropriation for staff. They I-Bank receives a  
            continuous appropriation and pays for staff via loan fees and  
            interest collected from program users. No General Fund  
            appropriation has been provided for I-Bank for their existing  
            infrastructure programs since 1994.


          Analysis Prepared by:Misty Feusahrens / APPR. / (916)  
          319-2081