BILL ANALYSIS Ó SB 9 Page 1 SENATE THIRD READING SB 9 (Beall) As Amended August 17, 2015 Majority vote SENATE VOTE: 37-1 ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Transportation |16-0 |Frazier, Achadjian, | | | | |Baker, Bloom, Campos, | | | | |Chu, Daly, Dodd, | | | | |Eduardo Garcia, | | | | |Gomez, Kim, Linder, | | | | |Medina, Melendez, | | | | |Nazarian, O'Donnell | | | | | | | |----------------+-----+----------------------+--------------------| |Natural |9-0 |Williams, Dahle, | | |Resources | | | | | | | | | | | |Cristina Garcia, | | | | |Hadley, Harper, | | | | |McCarty, Rendon, Mark | | | | |Stone, Wood | | | | | | | SB 9 Page 2 |----------------+-----+----------------------+--------------------| |Appropriations |16-1 |Gomez, Bigelow, |Gallagher | | | |Bloom, Bonta, | | | | |Calderon, Chang, | | | | |Daly, Eggman, Eduardo | | | | |Garcia, Holden, | | | | |Jones, Quirk, Rendon, | | | | |Wagner, Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------ 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)Provides that the TIRCP must fund capital improvements that are "transformative", which is defined as a rail, bus, or ferry transit project that will significantly reduce vehicle miles traveled, congestion, and greenhouse gas (GHG) emissions by creating a new transit system, increasing the capacity of an existing transit system, or otherwise significantly increasing the ridership of a transit system. 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. 4)Directs California State Transportation Agency (CalSTA) to evaluate project applications consistent with revised criteria SB 9 Page 3 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 various transit systems; and 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 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. 8)Directs CalSTA to approve a five-year program of projects according to prescribed procedures. SB 9 Page 4 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)Makes 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 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 SB 9 Page 5 Transportation Commission (CTC) for funding. FISCAL EFFECT: According to the Assembly Appropriations Committee, any additional administrative costs to CalSTA will be absorbable. Under current law, the TIRCP is funded by a continuous appropriation of 10% of annual cap-and-trade revenues beginning in 2015-16. Based on current estimates of cap-and-trade revenues, about $200 million will be available to the TIRCP this fiscal year. Given this significant funding level and the numerous other demands for cap-and-trade funds, the modest program expansion in this bill would likely not create any significant cost pressure on the program. COMMENTS: According to the author, this bill seeks to ensure that cap-and-trade funding is invested responsibly in projects that maximize reductions in GHG emissions by focusing the program on transformative projects. The author believes that transformative 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 this bill will facilitate these projects. The TIRCP was created via legislation enacted last year, [SB 862 (Budget and Fiscal Review Committee), 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 GHG emissions; 2)Expanded and improved rail service to increase ridership; 3)Integrated rail service of the state's various rail operators, SB 9 Page 6 including integration with the high-speed rail system; and, 4)Improved rail safety. 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 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. 4)Consistency with adopted sustainable communities strategies. SB 9 Page 7 The existing TIRCP is currently not structured in a way that allows the program to accommodate large transit expansion projects. This bill 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. Enabling CalSTA to program funding over multiple fiscal years 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. SB 9 Page 8 Analysis Prepared by: Lawrence Lingbloom / NAT. RES. / (916) 319-2092 FN: 0001476