BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                       SB 9


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          Date of Hearing:   June 29, 2015


                        ASSEMBLY COMMITTEE ON TRANSPORTATION


                                 Jim Frazier, Chair


          SB  
          9 (Beall) - As Amended July 2, 2015


          SENATE VOTE:  37-1


          SUBJECT:  Greenhouse Gas Reduction Fund: Transit and Intercity  
          Rail Capital Program.


          SUMMARY:  Modifies the Transit and Intercity Rail Capital  
          Program (TIRCP) to focus on capital rail and transit system  
          improvements that will be transformative.  Specifically, this  
          bill:  


          1)Clarifies that the TIRCP should emphasize transit capital  
            improvements that will be "transformative."


          2)Eliminates operations funding as an eligible use of TIRCP  
            funds.


          3)Clarifies that bus system improvements are eligible for TIRCP  
            funding, and specifically provides that ferry system  
            improvements are also eligible.  










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          4)Directs the California State Transportation Agency (CalSTA) to  
            evaluate project applications consistent with revised criteria  
            as set forth in the bill.


          5)Adds the following to the list of co-benefits CalSTA must  
            consider in evaluating project applications:


             a)   Reduction in auto trips through growth in transit  
               ridership;


             b)   Enhanced connectivity, integration, and coordination  
               with regional and local transit systems; and


             c)   Direct connections to the high-speed rail system.


          6)Adds other project evaluation criteria (in addition to the  
            expanded list of co-benefits) to include the extent to which  
            the project provides the following:


             a)   Reduced greenhouse gas (GHG) emissions;


             b)   Supplemental, non-state funding; and


             c)   Increased transit ridership.  


          7)Authorizes CalSTA to make multi-year funding commitments and  
            requires project applications to identify the source and  
            timing of all funds needed to complete the project and fund  
            ongoing operating and maintenance costs.









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          8)Directs CalSTA to approve a five-year program of projects  
            according to prescribed procedures. 


          9)Establishes a process whereby an agency that is applying for  
            funds for a multi-year project can obtain a letter of no  
            prejudice from CalSTA to allow the agency to advance its own  
            funds and be eligible for future reimbursement from the  
            program.





          10)Make other, technical modifications to the TIRCP 



          EXISTING LAW: 





           1) Under the California Global Warming Solutions Act of 2006,  
             directs the Air Resources Board (ARB) to adopt GHG emissions  
             reduction measures, including market-based mechanisms (e.g.,  
             the cap-and-trade program), to reduce GHG emissions to 1990  
             levels by 2020.

           2) Establishes the Greenhouse Gas Reduction Fund (GGRF) and  
             directs auction revenue from the cap-and-trade program to be  
             deposited into the fund and expended according to a  
             three-year investment plan developed by the Department of  
             Finance.

          3)Establishes the TIRCP to fund capital improvements and  
            operational investments that reduce GHG emissions and  








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            modernize California's intercity, commuter, and urban rail  
            systems and bus systems to achieve specific policy objectives.

          4)Continuously appropriates, beginning in 2015-16, 10% of annual  
            cap-and-trade auction revenues for the TIRCP.

          5)Directs project applicants for TIRCP grants to submit grant  
            applications to CalSTA for evaluation in accordance with  
            procedures and program guidelines adopted by the agency, and  
            requires CalSTA to submit a list of projects to the California  
            Transportation Commission (CTC) for funding.

           FISCAL EFFECT:  Unknown


          COMMENTS:  According to the author, SB 9 seeks to ensure that  
          cap-and-trade funding is invested responsibly in projects that  
          maximize reductions in GHG emissions by focusing the program on  
          large, transformative projects.  The author believes that  
          large-scale transit expansion projects will result in the  
          "biggest bang for the buck" when it comes to reducing GHG  
          emissions and he believes the multi-year program provided for in  
          SB 9 will facilitate these projects.  


          The TIRCP was created via legislation enacted last year, [SB 862  
          (Committee on Budget and Fiscal Review), Chapter 36, Statues of  
          2014].  SB 862, a budget trailer bill, continuously appropriated  
          portions of the cap-and-trade auction revenue proceeds for  
          designated programs or purposes, including 10% for the TIRCP.   
          The TIRCP is intended to achieve the following specific policy  
          objectives:


          1)Reduced greenhouse gas emissions;



          2)Expanded and improved rail service to increase ridership;








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          3)Integrated rail service of the state's various rail operators,  
            including integration with the high-speed rail system; and



          4)Improved rail safety.
          Specific projects that are eligible for funding in the TIRCP  
          include:


          1)Rail capital projects, including acquisition of rail cars and  
            locomotives, that expand, enhance, and improve existing rail  
            systems and connectivity to existing and future rail systems,  
            including the high-speed rail system;





          2)Intercity and commuter rail projects that increase service  
            levels, improve reliability, and decrease travel times;



          3)Rail integration implementation, including integrated  
            ticketing and scheduling systems, shared-use corridors,  
            related planning efforts, and other service integration  
            initiatives; and, 



          4)Bus rapid transit and other bus transit investments to  
            increase ridership and reduce greenhouse gas emissions.
          SB 862 required CalSTA to develop guidelines for the TIRCP  
          before soliciting applications for funding, and these guidelines  
          were published in February of this year.  SB 862 directed CalSTA  








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          to evaluate project applications for funding from the TIRCP  
          based on the following factors:

          1)Co-benefits that support implementation of sustainable  
            communities strategies, such as:



             a)   Reducing auto vehicle miles traveled;



             b)   Promoting housing development near rails stations;



             c)   Expanding existing rail and public transit stations;



             d)   Implementing clean vehicle technology;



             e)   Promoting active transportation; and,



             f)   Improving public health.



          2)Collaboration between rail operators and state and local  
            agencies.



          3)Geographic equity.









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          4)Consistency with adopted sustainable communities strategies.



          CalSTA is expected to release the first year's program of  
          projects within the next couple of weeks.  

          The sponsor of SB 9, the Santa Clara Valley Transportation  
          Authority (VTA), fears that the existing TIRCP is currently not  
          structured, either statutorily or in the guidelines recently  
          issued by CalSTA, in a way that would allow the program to  
          accommodate large transit expansion projects.  Consequently, VTA  
          and others support SB 9 because it makes several changes to this  
          new program by:


          1)Focusing the program on transformative capital improvements;


          2)Eliminating funding for operational investments;


          3)Expanding the program to include ferry systems and clarifying  
            that bus systems are included as well;


          4)Modifying project evaluation criteria to emphasize projects  
            that reduce GHG emissions, connect to the high-speed rail  
            system, and have supplemental funding from non-state sources;  
            and, 


          5)Providing for a five-year programming horizon and allowing for  
            multi-year project allocations. 


          By enabling CalSTA to program funding over multiple fiscal  








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          years, SB 9 allows the TIRCP to accommodate large transit  
          expansion projects that could receive a more substantive amount  
          of cap-and-trade auction revenues over a period of time rather  
          than all at once.  Longer funding commitments will allow public  
          agencies to use TIRCP dollars to leverage federal funding and to  
          secure financing, both of which are typically done for large  
          transit expansion projects.


          Opponents of the measure primarily objected to earlier  
          provisions of SB 9 that would have set aside the majority of  
          TIRCP funds for projects costing over $100 million.  With recent  
          amendments, it is anticipated that many of the opponents will  
          withdraw their opposition and may even support SB 9.  However, a  
          number of organizations remain opposed to provisions of SB 9  
          that give priority consideration for funding to projects that  
          receive significant non-state funding.  These organizations  
          believe this evaluation criterion will dramatically curb the  
          ability for many communities, particularly disadvantaged and  
          other low-income communities to compete for TIRCP funds. 


          Committee comments:  SB 9 establishes a five-year programming  
          process similar to the process used by the CTC to create and  
          adopt the State Transportation Improvement Program (STIP).   
          Similar to the STIP process, SB 9 directs CalSTA develop an  
          estimate of the funds reasonably expected to be available to the  
          program and to approve a program of projects accordingly.


          Creating a five-year program for TIRCP projects will facilitate  
          development of larger projects, which can take years to design  
          and construct.  Having a long-range funding commitment provides  
          a measure of predictability for the project sponsor and makes it  
          easier and cheaper to obtain project financing and to fully fund  
          a project.  


          There are some down sides to this approach, however; for  








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          instance:


          1)The Administration traditionally has been loath to provide any  
            cap-and-trade auction estimates so as not to inappropriately  
            affect the market.  SB 9 would require such an estimate,  
            however.  Without an estimate, programming out-year project  
            commitments may be futile.  


          2)A focus on larger projects inherently means fewer dollars  
            would be available for smaller projects that could benefit a  
            greater number of transit operators.  


          3)The existing cap-and-trade program, which funds the TIRCP,  
            extends only to 2020.  Unless pending legislation such as SB  
            32 (Pavley) is enacted to prolong the program, there will only  
            be funding for the first four years of a five-year program. 


          All things considered, however, SB 9 strikes a solid middle  
          ground.  It facilitates larger projects than the current program  
          encourages and yet it does not preclude smaller projects.  


          Double referral:  This bill will be referred to the Assembly  
          Natural Resources Committee should it pass out of this  
          committee.


          Related legislation:  SB 32 (Pavley), would ensure that the  
          policy tools currently being utilized to achieve the existing  
          2020 GHG target remain available for the achievement of targets  
          beyond 2020 - including, but not limited to, energy efficiency  
          requirements for buildings and appliances, tailpipe emissions  
          standards for mobile sources, power sector renewable portfolio  
          and emissions performance standards, sustainable land use  
          policies, fuel-related emissions standards, and market based  








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          mechanisms - to maximize the effectiveness of our climate  
          policies overall.  


          SB 32 is currently in the Assembly Natural Resources Committee.
          Previous legislation: SB 862 (Committee on Budget and Fiscal  
          Review), Chapter 36, Statutes of 2014, implemented, as part of  
          the 2014-15 budget, the cap-and-trade expenditure plan and  
          created specific state programs such as the Transit and  
          Intercity Rail Capital Program.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Alameda-Contra Costa Transit District


          California Transit Association


          International Longshore & Warehouse Union


          Northern California Carpenters Regional Council


          San Francisco Bay Area Water Emergency Transportation Authority


          Santa Clara County Board of Supervisors


          Santa Clara Valley Transportation Authority








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          Silicon Valley Leadership Group




          Opposition (many of these opponents are likely to withdraw their  
          opposition now that the bill no longer includes provisions that  
          would have set aside the majority of TIRCP fund for projects  
          costing over $100 million.)


          Antelope Valley Transit Authority


          Asian Pacific Environmental Network


          California Bicycle Coalition


          California Walks


          Catholic Charities Diocese of Stockton


          Coalition for Clean Air


          Coalition for Sustainable Transportation


          Leadership Counsel for Justice and Accountability


          Los Angeles County Bicycle Coalition









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          Napa County Transportation Planning Agency


          NRDC


          Policy Link


          Public Advocates 


          Sacramento Housing Alliance


          Safe Routes to School National Partnership


          San Diego Metropolitan Transit System


          TransForm




          Analysis Prepared by:Janet Dawson / TRANS. / (916)  
          319-2093