BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  August 3, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


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


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill makes numerous program modifications to the Low Carbon  
          Transit Operations Program (LCTOP), including:


          1)Codifying several program guidelines, with some modifications.


          2)Expanding eligible uses of the fund to include 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.









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          3)Allowing a transit agency to loan or transfer its fiscal year  
            funding share to another transit agency within the same  
            region.


          4)Requiring 50% of total program funds, rather than 50% of each  
            transit agency's allocation, to be spent on disadvantaged  
            communities.


          The bill also:


          1)Allows a transit agency to apply to Caltrans for a letter of  
            no prejudice (LONP) for eligible expenditures under the  
            program, so that the agency may expend its own resources and  
            be eligible for reimbursement from its future funding share,  
            and establishes procedures and requirements associated with  
            use of an LONP.  


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


          July 1, 2019, on the LCTOP expenditures benefiting disadvantaged  
            communities.
          3)Requires the existing audit of transit agencies required under  
            the Transportation Development Act to include verification of  
            receipt and appropriate expenditure of LCTOP funds.


          FISCAL EFFECT:


          1)Ongoing special fund costs to Caltrans, which administers the  
            LCTOP, of $200,000 to $300,000 for two or three positions to  
            revise program guidelines, establish systems for tracking the  








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            LONP process, monitor transit agencies' accounting for and use  
            of funds, as modified by the bill, prepare the Legislature  
            report, and for workload associated with the expanded audit  
            requirements. [Greenhouse Gas Reduction Fund - GGRF]


          2)Ongoing special fund cost to the Air Resources Board of  
            $160,000 for one position to coordinate with Caltrans on the  
            adoption of program guidelines, and provide guidance on  
            tracking and reporting GHG reductions and disadvantaged  
            communities' benefits.


          3)Potentially significant cost pressures, from expanding  
            eligible use of LCTOP funds to include expenditures for the  
            purchase of zero-emission buses and equipment and  
            infrastructure to operate and support those buses. 


          COMMENTS:


          1)Background. LCTOP was created to provide operating and capital  
            assistance for transit agencies to reduce greenhouse gas (GHG)  
            emissions and improve mobility, with a priority on serving  
            disadvantaged communities.  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. For transit agencies whose service  
            area includes disadvantaged communities, at least 50% of the  
            total moneys received must be expended on projects that will  
            benefit disadvantaged communities.


            LCTOP is administered by Caltrans and is funded by a  
            continuous appropriation of 5% of Greenhouse Gas Reduction  
            Fund (GGRF) revenues. LCTOP received $25 million in 2014-15  
            and $100 million in 2015-16 and 2016-17.








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          2)Purpose. According to the author, SB 824, which is sponsored  
            by the California Transit Association (CTA), 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.  The author notes that the  
            total amounts agencies receive each year are 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.


            The sponsor notes that this bill modifies LCTOP, based on  
            feedback from transit agencies across the state, in order to  
            provide recipient transit agencies with the tools necessary  
            for utilizing their funding shares more strategically and with  
            maximum benefit.


          3)Related Legislation. AB 2090 (Alejo), pending in Senate  
            Appropriations, allows LCTOP funding to sustain a transit  
            agency's existing service if the agency declares a fiscal  
            emergency under existing provisions of the California  
            Environmental Quality Act.


          Analysis Prepared by:Chuck Nicol / APPR. / (916)  
          319-2081

















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