BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 824


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          Date of Hearing:  June 27, 2016


                        ASSEMBLY COMMITTEE ON TRANSPORTATION


                                 Jim Frazier, Chair


          SB  
          824 (Beall) - As Amended June 21, 2016


          SENATE VOTE:  26-11


          SUBJECT:  Low Carbon Transit Operations Program


          SUMMARY:  Makes various program changes to the Low Carbon  
          Transit Operations Program (LCTOP).  Specifically, this bill: 


          1)Recasts and streamlines the requirements for eligible uses of  
            funding for LCTOP to provide operating or capital assistance  
            projects by requiring transit agencies to meet any, instead of  
            all, of the following expanded criteria:


             a)   Directly enhance or expand transit service by supporting  
               new or expanded bus or rail services or water-borne  
               transit; and expanded intermodal transit facilities,  
               including equipment acquisition, fueling, maintenance, and  
               other costs of operating the facility;


             b)   Increase mode share; or, 










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             c)   The purchase of zero-emission buses, including electric  
               buses, or the installation of the necessary equipment and  
               infrastructure to operate and support zero-emission buses. 


          1)Allows a transit agency to use LCTOP funds for continued  
            operations of new or expanded transit services previously  
            funded from the program if the agency can demonstrate  
            continued reductions in greenhouse gas emissions (GHG).   


          2)Requires a transit agency proposing to use LCTOP expenditures  
            on capital projects to submit information to the California  
            Department of Transportation (Caltrans), specifying the phases  
            of work for which the agency is seeking an allocation,  
            identifying the sources and timing of all moneys required for  
            the project, and describing the intended sources of funding  
            and timing to complete any subsequent phase. 


          3)Allows a transit agency to retain their funding share, for no  
            more than four years, to accumulate and utilize funding in a  
            subsequent year for a larger expenditure.  Requires the agency  
            to specify the number of years it intends to retain its share  
            and on what the agency intends to spend the funds. 


          4)Allows a transit agency to loan or transfer its funding share,  
            in a fiscal year, to another eligible transit agency within  
            the same region.


          5)Allows a transit agency to apply to Caltrans to reassign any  
            project savings to another eligible expenditure or reassign  
            funds from a previously approved project to another eligible  
            expenditure.   


          6)Allows a transit agency to apply to Caltrans for a letter of  








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            no prejudice (LONP) for eligible expenditures under the  
            program to allow the agency to expend its own resources and be  
            eligible for reimbursement from its future funding share.  


          7)Requires the state to reimburse the transit agency for the  
            LONP if all of the following are met:


             a)   The expenditures have commenced and regional or local  
               expenditures have been incurred; 


             b)   The expenditures made by the transit agency are eligible  
               for the program; 


             c)   The recipient transit agency has complied with all  
               applicable legal requirements, including the California  
               Environmental Quality Act (CEQA), and federal and state  
               civil rights and environmental justice laws; and, 


             d)   There are funds available from the Greenhouse Gas  
               Reduction Fund (GGRF) designated for the program and from  
               the transit agency's formula allocation.  


          1)Requires Caltrans and the transit agency to enter into an  
            agreement governing the LONP reimbursement.  


          2)Allows Caltrans to develop guidelines for the use of the LONP.  
             


          3)Requires transit agencies receiving LCTOP funding to  
            demonstrate that the expenditures do not supplant another  
            source of funds.








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          4) Changes the requirements for disadvantaged communities to  
            require at least 50% of the total program moneys for LCTOP,  
            versus 50% of each transit agency allocation, be spent on  
            projects or services that benefit disadvantaged communities,  
            as defined by CalEnviroScreen, and that those investments are  
            made within the jurisdiction of each regional transportation  
            agency.  


          5)Requires Caltrans to submit a report to the Legislature every  
            three years, starting on 


          July 1, 2019, on the LCTOP expenditures benefiting disadvantaged  
            communities.
          6)Expands the contents of the existing audit of transit agencies  
            required under the Transportation Development Act to include  
            verification and receipt of funds from LCTOP and requires a  
            copy of the audit be sent to Caltrans to be available to the  
            Legislature or the Controller for review.     


          7)Requires that transit agencies comply with all applicable  
            legal requirements, including the CEQA, and federal and state  
            civil rights and environmental justice laws and clarifies that  
            the section does not expand any of those laws to the agencies.  
             


          EXISTING LAW:   


          1)Requires the California Air Resources Board (ARB), pursuant to  
            AB 32 (Núñez), 
          Chapter 488, Statutes of 2006, to develop a plan of how to  
            reduce statewide GHG emissions to 1990 levels by 2020.  Under  
            AB 32, ARB is authorized to include the use of market-based  








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            mechanisms to comply with these regulations (cap and trade).

          2)Requires, pursuant to the SB 375 (Steinberg), Chapter 728,  
            Statutes of 2008, regions to prepare a regional transportation  
            plan that includes a sustainable communities strategy   
            designed to achieve the regional targets for GHG emission  
            reduction.  

          3)Establishes the GGRF in the State Treasury and requires all  
            money collected pursuant to cap and trade, with limited  
            exceptions, be deposited into the fund and makes the GGRF  
            funds available for appropriation by the Legislature.



          4)Requires, pursuant to SB 535 (de León), Chapter 830, Statutes  
            of 2012, that a minimum of 25% of the moneys available in GGRF  
            be used to benefits disadvantaged communities.

          5)Establishes the Transit Intercity Rail Capital Program  
            (TIRCP), administered by the California State Transportation  
            Agency, and continuously appropriates 10% of GGRF fund  
            proceeds to the program for transformative transit capital  
            projects.    



          6)Establishes LCTOP, administered by Caltrans, and continuously  
            appropriates 5% of GGRF fund proceeds to the program for  
            transit operating and capital assistance to expand service,  
            with a priority on serving disadvantaged communities. 

          7)Requires LCTOP funding for transit operations and capital  
            assistance meet  all  of the following requirements:



             a)   Support new or expanded bus or rail services or  
               water-borne transit; and expanded intermodal transit  








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               facilities, including equipment acquisition, fueling,  
               maintenance, and other costs of operating the facility;



             b)   Each expenditure must directly enhance or expand transit  
               service to increase mode share; and,



             c)   Each expenditure must reduce GHGs.  



          8)Requires each eligible transit agency, prior to receiving  
            funding from LCTOP, to submit to Caltrans a list of proposed  
            expenditures and any documentation required by guidelines.

          9)Requires Caltrans, in consultation with ARB, to determine if  
            the proposed list of expenditures submitted by transit  
            agencies meets the program guidelines.





          10)Requires that after Caltrans determines the expenditures  
            proposed by the transit agency will meet the requirements of  
            the program, funding for LCTOP is allocated by the Controller  
            through the State Transit Assistance (STA) formula with 50%  
            being allocated according to population and 50% being  
            allocated according to transit operator revenues from the  
            prior fiscal year.  



          11)Requires each transit agency receiving funding from LCTOP  
            whose service area includes disadvantaged communities, as  
            defined by CalEnviroScreen, must expend at least 50% of the  








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            funds on projects or services that benefit those communities.   




          12)Requires Caltrans, in consultation with ARB, to develop  
            guidelines, methodologies, and reporting requirements for the  
            program.



          13)Requires transit agencies to provide annual reports to  
            Caltrans on use of the funds from the program.
          


          FISCAL EFFECT:  Unknown





          COMMENTS:  LCTOP was created by SB 862 (Committee on Budget and  
          Fiscal Review), Chapter 862, Statutes of 2014, as part of a  
          comprehensive package of programs to target GHG reductions in  
          California using funds generated by the state's cap and trade  
          program.  These programs include affordable housing and  
          sustainable communities, transit and intercity rail capital and  
          operating projects, and high-speed rail.  LCTOP is administered  
          by Caltrans and is continuously appropriated 5% of GGRF funds.   
          In 2014-15, LCTOP received $25 million, and in 2015-16 it was  
          funded at $100 million.  Although, the Governor's January  
          2016-17 Budget proposed $100 million for the program, it is  
          unclear what the funding level will be for this year.


          Specifically, LCTOP was created to provide operating and capital  
          assistance for transit agencies to reduce GHG emission and  
          improve mobility, with a priority on serving disadvantaged  








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          communities.  Currently, approved projects in LCTOP support new  
          or expanded bus or rail services and expand intermodal transit  
          facilities and may include equipment acquisition, fueling,  
          maintenance, and other costs to operate those services or  
          facilities, with each project reducing GHG emissions. For  
          transit agencies whose service area includes disadvantaged  
          communities, at least 50% of the total moneys received shall be  
          expended on projects that will benefit disadvantaged  
          communities.


          Currently, for operations, LCTOP supports only new and expanded  
          transit service that increase mode share - shift new riders out  
          of their cars - to reduce GHG emissions.  Prior to receiving an  
          allocation, which is distributed by the State Controller  
          following the STA formula, eligible transit agencies must submit  
          a description of their proposed expenditures and demonstrate how  
          each expenditure will reduce GHG emissions. 


          According to the author, SB 824 makes a few modest adjustments  
          to the existing LCTOP that will give transit agencies more  
          flexibility in how they spent the funds they receive from the  
          program.  He further notes that, the total amounts agencies  
          receive each year are very small, often in absolute terms and in  
          all cases small relative to the need, so reducing barriers to  
          using these funds is necessary to ensure that all transit  
          agencies actually spend their shares to reduce GHGs.


          More Flexibility:  SB 824 contains numerous changes to the LCTOP  
          program, which give more flexibility to transit agencies to  
          utilize the funds.  Specifically, this bill allows transit  
          agencies to use LCTOP funding to support new or expanded transit  
          service and continue funding the operation of that service in  
          subsequent years as long as the service is helping to reduce  
          GHGs.  Additionally, this bill authorizes the use of a LONP so  
          that transit agencies can utilize their own resources to  
          initiate new or expanded service or commence a capital project  








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          or expenditure and be reimbursed from their future formula share  
          of the program.  LONP is utilized in many other infrastructure  
          programs including those funded by Proposition 1B and the  
          current TIRCP.    





          In writing in support of SB 824, the California Transit  
          Association (CTA) states that this bill would modify LCTOP,  
          based on feedback from transit agencies across the state, to  
          provide recipient transit agencies with the tools necessary for  
          utilizing their funding shares more strategically and with  
          maximum benefit.  They further stare that CTA supports the  
          changes in LCTOP proposed by this bill because they would allow  
          recipient transit agencies to more easily and efficiently pursue  
          investments in projects that maximize GHG reductions and  
          co-benefits, and which are more responsive to changing  
          priorities within their service areas or regions.  


          Existing Practices:  SB 824 also codifies numerous existing  
          practices in LCTOP.  Specifically, SB 824 allows a transit  
          agency to "bank" their formula fund share, for no more than 4  
          years, to save up sufficient funds to use for a larger  
          expenditure.  Additionally, agencies that are not ready to move  
          forward can loan or transfer their LCTOP formula share to  
          another eligible agency in the region. This bill also allows  
          transit agencies to reassign their funds to another eligible  
          project and retain any savings from a project for future  
          eligible uses. Finally, the bill expands current transit agency  
          audit requirements to include LCTOP funding to streamline  
          reporting.   


          Transit agencies have utilized LCTOP for a wide variety of  
          projects and services including reduced transit fare passes.   
          For example, in writing in support of SB 824, the Orange County  








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          Transportation Authority notes that they have utilized their  
          LCTOP share to subsidize a Summer Youth Pass providing  
          subsidized bus fares to Orange County youth; and as a result of  
          this investment, youth ridership increased 3.5%.  They further  
          contend that this bill will help agencies build on these  
          successes by providing the ability to invest in long-term,  
          multi-year projects to increase ridership and reduce emissions.   



          Disadvantaged Communities:  In addition to changes to the LCTOP  
          funding provisions, SB 824 would change the requirement for  
          funding for disadvantaged communities.  Currently, each transit  
          agency that has communities identified under CalEnvorScreen,  
          must spend 50% of their respective formula share on projects or  
          services that benefit those disadvantaged communities.  SB 824  
          would shift the requirement to the programmatic, state-wide  
          level, but retain geographic diversity by requiring investments  
          benefitting disadvantaged communities within the jurisdiction of  
          each regional transportation planning agency.  This statewide  
          approach is consistent with other GGRF programs such as the  
          TIRCP and the Affordable Housing Sustainable Communities  
          programs.  





          In writing support of this bill, the Central Contra Costa  
          Transit Authority highlighted a priority project to help serve  
          communities of concern in their area by increasing bus service  
          in the Monument Corridor in Concord.  They state they while the  
          corridor is heavily concentrated with low income and minority  
          populations, it does not meet the current state definition of  
          disadvantaged community.  The agency would like to increase  
          service in this corridor using LCTOP funds, and therefore  
          support a statewide disadvantaged communities' requirement over  
          the current transit operator boundary basis.      









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          Related legislation: AB 2090 (Alejo) authorizes transit agencies  
          to utilize LCTOP funding to support existing transit operations  
          if the governing board of the transit agency declares a fiscal  
          emergency under CEQA.  AB 2090 passed the Senate Transportation  
          and Housing Committee and is scheduled to be heard by the Senate  
          Environmental Quality Committee on June 29, 2016.


          Previous legislation: SB 862 (Committee on Budget and Fiscal  
          Review), Chapter 36, Statues of 2014, created and funded the  
          Affordable Housing and Sustainable Communities, the Low Carbon  
          Transportation, TIRCP, and LCTOP programs.





          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Transit Association (Sponsor)


          Santa Clara Valley Transportation Authority (Sponsor)


          Associated General Contractors


          Alameda-Contra Costa Transit District


          Central Contra Costa Transit Authority








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          Foothill Transit


          Los Angeles County Metropolitan Transportation Authority


          Metropolitan Transportation Commission


          Monterey-Salinas Transit


          Napa Valley Transportation Authority


          Orange County Transportation Authority


          Peninsula Corridor Joint Powers Board


          San Bernardino Associated Governments


          San Francisco Bay Area Rapid Transit District


          San Mateo County Transit District


          San Mateo County Transportation Authority


          Santa Cruz Metropolitan Transit District


          Santa Monica's Big Blue Bus








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          Opposition


          None on file




          Analysis Prepared by:Melissa White / TRANS. / (916)  
          319-2093