BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
                              Senator Jim Beall, Chair
                                2015 - 2016  Regular 

          Bill No:          SB 747            Hearing Date:    4/21/2015
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          |Author:   |McGuire                                               |
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          |Version:  |4/14/2015                                             |
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          |Urgency:  |No                     |Fiscal:      |Yes             |
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          |Consultant|Erin Riches                                           |
          |:         |                                                      |
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          SUBJECT:  Airports:  financial assistance


            DIGEST:  This bill provides for an annual appropriation of  
          aviation fuel tax revenues from the General Fund to the  
          Aeronautics Account in order to comply with federal law.  

          ANALYSIS:
          
          Existing law establishes the Aeronautics Account within the  
          State Transportation Fund.  This account is funded by revenues  
          from fuel excise taxes of 18 cents per gallon on general  
          aviation fuel and 2 cents per gallon on jet fuel.  These rates  
          were set in 1994 and 1969, respectively.  

          The Airport Improvement Program (AIP), administered by the  
          Federal Aviation Administration (FAA), provides grants to public  
          agencies for the planning and development of public-use  
          airports.  In general, the federal grant covers 75% of eligible  
          costs for large and medium primary hub airports, and 90% to 95%  
          of eligible costs for small primary, reliever, and general  
          aviation airports.  Eligible projects include capital  
          improvements related to safety, capacity, security, and  
          environment.  Operational and maintenance costs are generally  
          not eligible for AIP assistance.  To supplement AIP, Caltrans  
          administers a State AIP Matching Grant Program.  This program,  
          which provides a state matching grant equal to 5% of the federal  
          grant, is funded from the Aeronautics Account.

          In November 2014, the FAA issued a directive (Docket No.  







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          FAA-2013-0988) to confirm its longstanding policy, based on  
          federal law, that aviation fuel taxes be used for airport  
          purposes and state aviation programs.  The directive provides  
          states one year to submit an action plan to the FAA.  The action  
          plan will detail the process of amending any non-compliant state  
          laws and local ordinances as necessary for compliance, as well  
          as detailing the process to develop reporting requirements and  
          tracking systems for aviation fuel tax revenues.  The plan must  
          be implemented within three years of the FAA directive, which  
          took effect December 8, 2014.  Failure to comply with the FAA  
          mandate could result in ineligibility for AIP grants and  
          possible civil penalties.

          This bill:
          
          Transfers from the General Fund to the Aeronautics Account  
          revenues derived from aviation fuel taxes.   Requires Caltrans'  
          Division of Aeronautics to annually allocate these funds to  
          eligible recipients, for airports and aviation-related purposes,  
          as follows:

          1.12% to the state's 215 general aviation airports (e.g.,  
            Sacramento Executive Airport)

          2.40% to be divided among the state's 33 commercial service  
            airports as follows:

                   21% for the 20 non-hub commercial airports (e.g.,  
                Crescent City, Sonoma County, and Oxnard)
                   34% for the three large hub commercial airports (Los  
                Angeles, San Diego, and San Francisco);
                   14% for the 6 medium hub commercial airports (e.g.,  
                Sacramento, Oakland, and San Jose international airports)
                   31% for the four small hub commercial airports  
                (Fresno, Long Beach, Palm Springs, and Santa Barbara)

          1.27% for grants for non-hub airports with less than 300,000  
            enplanements annually to attract, establish, and expand  
            airline service through incentives, marketing, passenger  
            studies, route analysis, and acquisition of consultants

          2.1% for aviation education grants, including but not limited to  
            scholarships for flight training and aviation-related degrees  
            from accredited universities, with priority given to  
            under-represented students, women, veterans, and low-income  








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            persons

          3.5% for administrative costs

          4.15% for other state aviation programs and aviation related  
            purposes pursuant to this bill

          COMMENTS:

          1.Purpose.  The author states that California has been out of  
            compliance with federal law on aviation tax revenues for  
            decades.  The state has transferred a total of nearly $15  
            million in aviation fuel tax revenues from the Aeronautics  
            Account to the General Fund over three different fiscal years  
            (2002-03, 2003-04, and 2010-11).  Due to lack of funds,  
            Caltrans was unable to administer any grants for general  
            aviation airports in fiscal years 2011-12 and 2012-13, and  
            could only partially fund the State Matching AIP Grant  
            Program.  In the last year alone, four commercial airports in  
            California have announced that they have lost or will soon  
            lose all commercial service activity:  Modesto Airport, Chico  
            Municipal Airport, Inyo-Kern Airport, and McClellan-Palomar  
            Airport.  This bill will help the state comply with the FAA  
            mandate by directing revenue from aviation fuel sales taxes to  
            the state's underfunded aviation program and thereby provide  
            relief to the state's aviation industry. 

          2.How much money?  The state Board of Equalization has initially  
            estimated the annual taxable fuel sales amount for fiscal year  
            2013-14 at approximately $30 million.  The annual  
            appropriation authorized in this bill would vary somewhat from  
            year to year, due to the impact of oil price volatility on jet  
            fuel prices.  Regardless, this bill would result in  
            significantly increased revenues for the Aeronautics Account,  
            which currently has a balance of about $9 million.  However,  
            questions have arisen about exactly which revenues should be  
            directed to the Aeronautics Account under the FAA directive;  
            for example, some sales tax revenues are constitutionally  
            protected.  These issues will need to be worked out as this  
            bill moves forward.

          3.Rationale for distribution.  The author worked with the  
            California Airports Council, sponsor of this bill, to  
            determine the allocations.  These percentages are based on  
            passenger volumes and funding needs for operations and  








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            maintenance.  
          
          4.Federal law on aviation tax revenues.  AIP was established by  
            the federal Airport and Airway Improvement Act of 1982.  This  
            act requires an airport sponsor accepting an AIP grant to  
            provide assurance that any revenues received by the airport  
            will be used for the capital and operating expenses of the  
            airport, the local airport system, or other local air  
            transportation-related facilities owned or operated by the  
            sponsor.  This requirement aims to prevent a "hidden tax" on  
            air transportation and to ensure that federal airport grants  
            are used to supplement funding for airport projects, rather  
            than substituting for funds diverted to other programs.   
            Congress amended the act in 1987 to allow revenues from a  
            state fuel tax to also be used for state aviation programs.   
            In 1996, Congress enacted legislation extending the revenue  
            use requirements to all airports that have been the subject of  
            federal assistance, regardless of whether the airport is  
            currently subject to an FAA grant agreement.  

          5.Why now?  In response to requests from various U.S. senators  
            and state legislatures, the FAA issued five opinions between  
            1990 and 2010 to affirm its revenue use policy.  The FAA  
            Reauthorization Act of 1994 directed the FAA to establish  
            policies and procedures to assure the prompt and effective  
            enforcement of illegal diversion of airport revenue.  In 2013,  
            the FAA began soliciting comments to initiate a process to  
            formally clarify the policy.  The majority of comments  
            supported the general purpose of the revenue use policy and  
            underlying statutes: namely, to direct aviation revenues to  
            aviation purposes.  Comments focused on issues such as  
            ensuring that airport operators are not held responsible for  
            taxes imposed by other entities, the definition of aviation  
            taxes, and the length of the compliance period.  These issues  
            are addressed in the directive issued in November 2014.

          6.Is California in compliance?  As noted earlier, the state has  
            made several transfers from the Aeronautics Account to the  
            General Fund, with no statutory requirement for repayment.   
            The 2014-15 budget agreement transferred $4 million from the  
            Local Airport Loan Account, a revolving loan fund, to the  
            Aeronautics Account, bringing the Aeronautics Account balance  
            up to $9 million.  The General Fund loans, however, have not  
            been repaid.  According to Caltrans, all funds in the  
            Aeronautics Account are expended in accordance with current  








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            state and FAA requirements.  

          7.Amendments.  The author will accept amendments to correct the  
            implementation date in the legislative intent language to  
            December 8, 2017, and to add Senator Fuller as a coauthor.
          
          Related Legislation:
          
          SB 616 (Wright, 2014) - would have allowed Caltrans to provide  
          state matching funds through AIP to projects that commence prior  
          to receiving those funds.  (Caltrans regulations require that in  
          order to be eligible for a state AIP grant, a sponsor cannot yet  
          have broken ground on the project.)  SB 616 was passed  
          unanimously by this committee, but was eventually pulled back  
          from the Governor's desk late in the legislative session due to  
          ongoing negotiations.

          FISCAL EFFECT:  Appropriation:  Yes    Fiscal Com.:  Yes     
          Local:  No


            




          POSITIONS:  (Communicated to the committee before noon on  
          Wednesday,
                          April 15, 2015.)
          
            SUPPORT:  

          California Airports Council (sponsor) 
          Aircraft Owners and Pilots Association
          American Association of Airport Executives, Southwest Chapter
          Association of California Airports
          California Pilots Association
          Marin County Board of Supervisors

          OPPOSITION:

          None received.

          









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