BILL ANALYSIS                                                                                                                                                                                                    Ó



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          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           |                    |
          |                |     |                      |                    |








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          |----------------+-----+----------------------+--------------------|
          |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  








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            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. 










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          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  








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            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,  








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            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.








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          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.











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          Analysis Prepared by:                                             
                          Lawrence Lingbloom / NAT. RES. / (916) 319-2092   
                                                                      FN:  
          0001476