BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 892
                                                                  Page  1

          Date of Hearing:   April 29, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                   AB 892 (Furutani) - As Amended:  April 15, 2009 

          Policy Committee:                              Gov OrgVote:13-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          Authorizes a sponsoring local agency that has received Goods  
          Movement Emission Reduction Program (GMERP) funds to reallocate  
          unexpended funds to a previously approved backup project.   
          Specifically, this bill:

          1)Authorizes a local agency that has received GMERP funds for a  
            project to reduce goods movement-related emissions, prior to  
            the passage of four years since the funds were awarded, to  
            reallocate those funds to another project that previously was  
            approved by the Air Resources Board (ARB).

          2)Specifies that priority for reallocation goes to projects that  
            are both in the same emission source category and in the same  
            trade corridor as the original project, and second priority  
            goes to projects that are only in the same trade corridor as  
            the original project.

          3)Specifies that all GMERP funds not expended within four years  
            of the original project award shall revert to the Proposition  
            1B bond fund for reappropriation by the Legislature and award  
            by ARB.

          4)Requires ARB to include in an annual report already required  
            by law a description of any changes to the scope of grant  
            agreements or to the award amounts described in a grant  
            agreement pursuant to this bill.

           FISCAL EFFECT  

          This bill allows local agencies to reallocate GMERP funds,  
          potentially in the tens of millions of dollars, for local  








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          projects that otherwise would be subject to reappropriation by  
          the Legislature and award by ARB.

           COMMENTS  

           1)Rationale  .  According the author, economic slowdown has led  
            many recipients of GMERP bond funds to cancel the projects for  
            which they received the bond funds from the sponsoring local  
            agency.  Currently, funds for such cancelled projects would  
            revert to the Proposition 1B fund, to be reappropriated by the  
            Legislature and once again awarded by ARB to sponsoring local  
            agencies.  The author contends that allowing a local agency to  
            award funds authorized for one project to a second, backup  
            project that has prior ARB approval will better achieve the  
            goals of Proposition 1B and legislative intent-to maximize the  
            emission reduction benefits and achieve the earliest possible  
            health risk reduction in communities heavily impacted by goods  
            movement.

           2)Proposition 1B  of 2006 provided, among other monies, $1  
            billion for reduction of emissions related to the movement of  
            freight along California's trade corridors. The proposition  
            specifies that funded emissions reductions must not be  
            otherwise required by law.  

            SB 88 (Senate Committee on Budget and Fiscal Review) of 2007  
            established the GMERP for the distribution of Proposition 1B  
            funds for the replacement, repower, or retrofit of heavy-duty  
            trucks, locomotives, commercial harbor craft, ocean-going  
            vessels related to freight, and cargo-handling equipment with  
            cleaner technology alternatives.  SB 88 directed ARB to  
            develop program guidelines so as to maximize the emission  
            reduction benefits and achieve the earliest possible health  
            risk reductions in communities heavily impacted by goods  
            movement.

            Under the GMERP, ARB awards grants to fund projects proposed  
            by local agencies that are involved in freight movement or air  
            quality improvements associated with goods movement  
            activities, such air pollution control districts, ports, and  
            regional transportation agencies. The local agencies then  
            provide financial incentives to owners of equipment used in  
            freight movement to upgrade to cleaner technologies,  
            consistent with GMERP guidelines. ARB targets funding for each  
            trade corridor as follows:








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             a)   $550 million for Los Angeles/Inland Empire trade  
               corridor.

             b)   $250 million for Central Valley and Sacramento trade  
               corridor.

             c)   $140 for San Francisco Bay Area trade corridor.

            d)   60 million for San Diego/Border trade corridor.



           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081