BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2703
                                                                  Page  1

          Date of Hearing:   April 19, 2010

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                               Bonnie Lowenthal, Chair
                 AB 2703 (John A. P?rez) - As Amended:  April 8, 2010
           
          SUBJECT  :  Federal economic stimulus funds:  transportation

           SUMMARY  :  Authorizes loans of federal economic stimulus funds to  
            advance projects scheduled to be funded from Proposition 1B  
            infrastructure bonds.  Specifically,  this bill:  

          1)Authorizes the California Department of Transportation  
            (Caltrans), with approval from the Department of Finance  
            (DOF), to make loans of federal funds from a second round of  
            federal transportation economic stimulus funds awarded to  
            California in 2010.  

          2)Authorizes loans for purposes of advancing a project or a  
            portion of a project that has been programmed by an  
            unspecified date and is to be funded by Proposition 1B  
            infrastructure bonds; limits loans only to those projects that  
            are ready to be awarded within 90 days of federal  
            apportionment.  

          3)Sets forth procedures to be followed to request loans.  

          4)Requires loans to be repaid to the State Highway Account  
            (SHA), without interest, from the proceeds of bonds when they  
            are sold.  

          5)Directs loan repayments to be made available for appropriation  
            by the Legislature for the State Highway Operation and  
            Protection Program (SHOPP).  

           EXISTING LAW:   

          6)Provided for the distribution of nearly $2.6 billion in  
            federal American Recovery and Reinvestment Act (ARRA) funds  
            received last year for highways and roads from the federal  
            government to stimulate the nation's economy.  

          7)Makes legislative findings and declarations that it is in the  
            state's interest to ensure federal highway infrastructure  
            funds are fully obligated and used expeditiously, consistent  








                                                                  AB 2703
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            with the ARRA; states further legislative intent that priority  
            be given to the use of ARRA funds for repair and  
            rehabilitation of the existing highway system and to advance  
            Proposition 1B bond funded-projects that have been delayed or  
            are in jeopardy of being delayed because of the state's  
            inability to issue general obligation bonds.  

          8)Provided authority for Caltrans to loan ARRA funds to  
            transportation projects programmed for funding from  
            Proposition 1B infrastructure bonds, within specific  
            parameters.  

          9)Directed loan repayments to be made to the SHA for projects in  
            the SHOPP.  

          10)Provided that the $2.6 billion in ARRA funds were to be  
            considered part of the federal Surface Transportation Program  
            (STP) and apportioned 37.5% (about $1 billion) to the state  
            and 62.5% (about $1.6 billion) to regional agencies.   
            Distribution to regional agencies was to be made by existing  
            formulae, generally based on population.  

          11)Provided legislative intent that at least 40% of the funds  
            apportioned to regional and local transportation agencies be  
            sub-allocated to cities and counties.  

          12)Required strict reporting on the timely use of ARRA funds  
            and, if need be, redistribution of any ARRA funds in jeopardy  
            of not being used.  

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  Congress is currently considering a second round of  
          economic stimulus funding for states.  In the most recent  
          version of the legislation, states would have extremely short  
          timeframes within which to award contracts to be funded with  
          these federal dollars.  States that fail to use the funds within  
          the timeframes prescribed will forfeit their share of the  
          federal economic stimulus dollars and those funds will be  
          redistributed to other states.  

          This bill makes it easier for transportation agencies and  
          Caltrans to use federal economic stimulus funds on ready-to-go  
          projects and to ensure no federal funds are forfeited for lack  
          of use. 








                                                                  AB 2703
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          Last year, the Legislature passed ABX3 20 (Bass), Chapter 21,  
          Statutes of 2009, that provided for the distribution of ARRA  
          funds for highways and roads.  ABX3 20 included provisions,  
          similar to AB 2703, authorizing loans to bond-funded projects  
          that had been stalled due to the state's inability to sell  
          bonds.  Consequently, California was successful in obligating  
          100% of the ARRA funds made available and delivered previously  
          stalled transportation projects.  

           Urgency:   The author intends to take amendments in committee to  
          make AB 2703 an urgency measure.  

           Related legislation:   SB 1371 (Lowenthal) of 2010, an urgency  
          measure, requires Caltrans to work with local transportation  
          agencies to develop a list of potential projects that may be  
          awarded within a 90-day period of the award to the state of  
          second round federal transportation economic stimulus funds.   
          That bill is currently pending in Senate Transportation and  
          Housing Committee.  

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          State Building and Construction Trades Council

           Opposition 
           
          None on file
           

          Analysis Prepared by  :    Janet Dawson / TRANS. / (916) 319-2093