BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1778
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          ASSEMBLY THIRD READING
          AB 1778 (Williams)
          As Amended  May 1, 2012
          Majority vote 

           TRANSPORTATION      9-3                                         
           
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          |Ayes:|Bonnie Lowenthal,         |     |                          |
          |     |Blumenfield, Bonilla,     |     |                          |
          |     |Buchanan, Eng, Carter,    |     |                          |
          |     |Galgiani, Portantino,     |     |                          |
          |     |Solorio                   |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Jeffries, Miller, Norby   |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Sets forth use-it-or-lose-it provisions for Local 
          Transportation Fund (LTF) funds in Ventura County.  
          Specifically,  this bill:  

          1)Strikes obsolete reporting language.  

          2)For Ventura County only, provides for the redistribution by 
            the Ventura County Transportation Commission (VCTC) of LTF 
            funds that remain unencumbered for more than one year or 
            unexpended for more than two years.  

          3)Provides that funds returned to VCTC are to be redistributed 
            to transit operators or consolidated transportation service 
            providers (transit operators) in proportional amounts based on 
            population if both of the following conditions are met:  

             a)   The transit operator is eligible to receive funding 
               under existing provisions of the Transportation Development 
               Act (which directs sales tax funds to local agencies for 
               public transportation and community transit services); and, 


             b)   The transit operator did not have any funds returned to 
               VCTC for lack of use during the previous year.  

           EXISTING LAW  :   








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           1)Earmarks one quarter of one cent of the state sales tax for 
            transit and directs the revenue to the LTF in each county.  

          2)Vests regional transportation planning agencies (RTPAs) with 
            the responsibility to allocate LTF funds, generally to cities, 
            counties, and transit districts by population.  

          3)Authorizes the use of LTF funds for a wide variety of 
            transportation programs, including planning and program 
            activities, pedestrian and bicycle facilities, community 
            transit services, public transportation, bus and rail 
            projects, and farm worker vanpools program.  

          4)Authorizes rural counties (those with a population under 
            500,000) to use their LTF funds for purposes other than public 
            transportation and community transit services, such as local 
            streets and roads, under certain conditions.  

          5)Provides that, before funds can be used for local streets and 
            roads, the RTPA in a rural county must hold public hearings 
            and make a finding that all reasonable transit needs have been 
            met.  

          6)Requires, generally, each county with a population of less 
            than 500,000 as of the 1970 federal census but more than 
            500,000 as of the 2000 (or subsequent) federal census to use 
            its LTF funds for transit.  

          7)Provides that, for counties that would be impacted by this 
            change from rural to urban due to population growth since 
            1970, the requirement to use LTF funds for public 
            transportation and community transit services will not become 
            operative until July 1, 2014.  

          8)Provides for these counties, except Ventura County, that the 
            requirement to use LTF funds for public transportation and 
            community transit services applies to urbanized areas of a 
            county, not necessarily the entire county.  LTF funds can be 
            used in non-urbanized areas in these counties for local 
            streets and roads, provided that there are no unmet transit 
            needs in the area.  

          9)Provides that the VCTC may submit to the legislative policy 








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            committees a report analyzing options for organizing public 
            mass transportation services in Ventura County and expending 
            LTF revenues.  VCTC may also submit a legislative proposal to 
            implement a plan based on recommendations of the report.  

          10)Provides that, if VCTC does not secure legislation to 
            implement its proposed plan by the end of the 2011-12 Regular 
            Session, its LTF revenues would be available solely for public 
            transportation or community transit services, even in the 
            county's rural areas, beginning July 1, 2014.  

           FISCAL EFFECT  :  Unknown.  This bill is keyed non-fiscal by the 
          Legislative Counsel.  

           COMMENTS  :  In 2009, SB 716 (Wolk), Chapter 609, Statutes of 
          2009, updated counties' designation as either rural or urban for 
          purposes of using LTF funds, based on the 2000 (and subsequent) 
          census rather than the 1970 census.  For those counties whose 
          designation changed, SB 716 provided a sort of hybrid use of the 
          LTF funds-urban cities within the county would be required to 
          use LTF funds for public transportation or community transit 
          services and rural areas of the county could continue to use LTF 
          funds for other purposes, assuming certain conditions were met.  
          The operative date of these changes was postponed until July 1, 
          2014, to give the counties an opportunity to adjust to the new 
          LTF requirements.  

          SB 716, however, set forth unique provisions for Ventura County, 
          one of the counties whose designation changed from rural to 
          urban.  For Ventura County, SB 716 provided an opportunity for 
          VCTC to submit a plan to the Legislature (and to secure 
          subsequent legislation) that would set forth an alternative 
          means of distributing LTF funds throughout the county.  VCTC had 
          until December 31, 2011, to submit the plan and until the end of 
          the 2011-12 Regular Session to secure subsequent legislation 
          otherwise all of the county's LTF funds would be directed to 
          public transportation or community transit service as of July 1, 
          2014.  

          There are 10 cities within Ventura County, four of which exceed 
          a population of 100,000, according to 2010 data.  The other six 
          cities have populations well below 100,000.  Under SB 716, all 
          Ventura's cities, large or small, will be required to use their 
          LTF funds for public transportation and community transit 








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          services as of July 1, 2014 (unlike the other counties whose 
          population grew over 500,000 after 1970, who will have the 
          option to use LTF funds for purposes other than public 
          transportation and community transit services in rural areas of 
          the county).  

          At least three of Ventura's smaller cities (Moorpark, Port 
          Hueneme, and Santa Paula) are reportedly planning on using their 
          LTF funds (totaling approximately $1.2 million cumulatively) for 
          local street and roads projects in fiscal year 2013-2014.  
          Additionally, Simi Valley, which uses its local General Funds to 
          fund its transit activities, typically uses its approximately $3 
          million annually in LTF funds for streets and roads projects.  
          Under this bill, these LTF funds will no longer be available for 
          these other purposes.  

          The author is concerned that some LTF recipients in Ventura 
          County have a history of diverting transit funds and do not 
          spend their LTF funds on public transportation or community 
          transit services, as they will be required to do beginning July 
          1, 2014.  Consequently, the author has introduced this bill to 
          ensure that, in the event an LTF recipient in Ventura County 
          does not use its LTF funds, the funds will not sit idle but 
          will, instead, be redistributed for their intended purpose-that 
          is, for public transportation-related services.  

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


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