BILL ANALYSIS                                                                                                                                                                                                    �



                                                                SB 1228
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        SENATE THIRD READING
        SB 1228 (Hueso)
        As Amended  August 19, 2014
        Majority vote 

         SENATE VOTE  :35-1  
         
         TRANSPORTATION      12-0        APPROPRIATIONS      17-0         
         
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        |Ayes:|Lowenthal, Linder,        |Ayes:|Gatto, Bigelow,           |
        |     |Achadjian, Bloom, Bonta,  |     |Bocanegra, Bradford, Ian  |
        |     |Buchanan, Daly, Frazier,  |     |Calderon, Campos,         |
        |     |Gatto, Patterson,         |     |Donnelly, Eggman, Gomez,  |
        |     |Quirk-Silva, Waldron      |     |Holden, Jones, Linder,    |
        |     |                          |     |Pan, Quirk,               |
        |     |                          |     |Ridley-Thomas, Wagner,    |
        |     |                          |     |Weber                     |
        |-----+--------------------------+-----+--------------------------|
        |     |                          |     |                          |
         ----------------------------------------------------------------- 
         SUMMARY  :  Continues the existence of the Trade Corridors Improvement  
        Fund (TCIF) to receive funding from sources including transfers from  
        the Greenhouse Gas Reduction Fund (cap and trade auction revenues)  
        for specified trade corridor infrastructure improvements.  
        Specifically,  this bill  :  

        1)Makes findings and declarations about the increasingly important  
          role of goods movement and the value it brings to the state's  
          economy.  

        2)Continues the TCIF, originally created to receive approximately $2  
          billion in revenues from the Highway Safety, Traffic Reduction,  
          Air Quality, and Port Security Bond Act of 2006 (Proposition 1B)  
          for trade corridor improvement projects.  

        3)Requires that monies in TCIF, from sources other than Proposition  
          1B, be available for appropriation for allocation by the  
          California Transportation Commission (CTC) for infrastructure  
          improvements on federally designated corridors, as determined by  
          CTC.  

        4)Requires CTC, in determining projects eligible for funding, to  
          consult infrastructure planning documents including the state  








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          Transportation Agency's state freight plan and the California Air  
          Resources Board's (ARB's) Sustainable Freight Strategy, as  
          specified.  

        5)Specifies that projects eligible for TCIF funding include, but are  
          not limited to, highway capacity and operational improvements,  
          freight rail system improvements, land port, airport, and seaport  
          efficiency enhancements, truck corridor improvements, surface  
          transportation an connector road improvements, and border access  
          improvements.  

        6)Requires CTC to allocate funds in a manner that addresses urgent  
          need, balances demands of various sized ports, provides reasonable  
          geographic balance, places emphasis on projects that improve trade  
          corridor mobility while reducing emissions, and other factors  
          related to improving goods movement and in a manner consistent  
          with existing statutory requirements for TCIF and in accordance  
          with guidelines adopted by the CTC on November 27, 2007.  

        7)Requires that if cap and trade auction revenues are transferred  
          into the TCIF, that disbursement of those funds be subject  
          existing law governing their use.  
        8)Requires CTC to allocate monies available in TCIF to projects that  
          have identified and committed supplemental funding from  
          appropriate local, federal, or private sources and directs CTC to  
          determine the appropriate amount of supplemental funding to be  
          required, based on a project-by-project review and assessment of  
          each project's benefit to the state and the program.  

        9)Requires that, except for border access improvements, improvements  
          funded from TCIF have supplemental funding that is at least equal  
          to the amount contributed from the fund.  

        10)Authorizes CTC to give priority for funding to projects with  
          higher levels of committed supplemental funding.  

        11)Requires CTC to include in its annual report to the Legislature,  
          a summary of its activities related to TCIF that include a  
          description and the location of projects that are funded, the  
          amount of funds allocated to each project, the status of each  
          project, and a description of the mobility and air quality  
          improvements the program would achieve.  

         FISCAL EFFECT  :  According to the Assembly Appropriations Committee,  








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        significant future cost pressure, including administrative cost  
        pressure to Caltrans and the CTC, by continuing a program currently  
        without any dedicated new funding.  

        [The CTC adopted the initial TCIF program of 79 projects, totaling  
        $3.1 billion, in April 2008.  The CTC deliberately over-programmed  
        projects in the TCIF in anticipation of additional revenue that did  
        not materialize, including State Highway Account funds.  Although  
        all of the $2 billion in initial TCIF funds have been allocated, the  
        CTC has been able to program additional projects as savings have  
        materialized.  The CTC has extended the program by two years, to  
        fiscal year 2015-16, to take advantage of any further contract  
        savings that may occur.]  

         COMMENTS  :  California is one of the 10 largest economies in the  
        world with a gross state product of more than $1.9 trillion.  Our  
        state's goods movement system is the bedrock of the state's economy  
        with land, air, and sea ports of entry serving as key international  
        commercial gateways for the more than $500 billion in products  
        entering and exiting the United States (U.S.) each year.  

        Moving the goods that come into and through California has presented  
        a tremendous challenge and has placed pressure on all modes of  
        transportation and the environment.  The movement of goods,  
        particularly as it relates to marine shipping and trucking, has  
        resulted in impacts to the state's quality of life through increased  
        roadway congestion, noise, and air quality impacts, particularly in  
        low-income and disadvantaged communities near transportation hubs  
        and corridors.  

        Proposition 1B and the creation of TCIF:  In 2006, voters approved  
        Proposition 1B, which authorized the issuance of general obligation  
        bonds to fund transportation projects to relieve congestion, improve  
        the movement of goods, improve air quality, and enhance the safety  
        and security of the transportation system.  Following the passage of  
        Proposition 1B, the TCIF was created to hold the $2 billion in bond  
        proceeds and directed CTC to allocate the funds to goods movement  
        projects identified in statewide planning documents.  The geographic  
        distribution of TCIF funds was codified and guidelines adopted by  
        CTC on November 27, 2007. To date, all of the $2 billion Proposition  
        1B bond proceeds have expended or dedicated for specific projects.   
        Therefore, while TCIF remains in existence, all of the monies in the  
        fund are obligated.  









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        Renewed federal focus on goods movement:  The most recent federal  
        transportation reauthorization, (MAP-21), specifically addressed the  
        need for comprehensive goods movement planning across the nation.   
        While MAP-21 did not specifically require that the state's produce  
        freight plans, MAP-21 indicated that those states with such plans in  
        place would be primed to receive federal monies for goods movement  
        if they should become available.  MAP-21 directed the U.S.  
        Department of Transportation (USDOT) to develop a national freight  
        program to provide a basis for federal investment in  
        trade-facilitating infrastructure development and convened a  
        National Freight Advisory Committee to advise and make  
        recommendations to the USDOT on matters related to freight  
        transportation in the U.S.  

        California's freight planning efforts:  AB 14 (Lowenthal), Chapter  
        223, Statutes of 2013, answered MAP-21's call for state freight  
        planning and mandated the preparation of a state freight plan by  
        California State Transportation Agency (CalSTA) through the  
        establishment of the California Freight Advisory Committee (CFAC)  
        whose membership represents a broad cross section of state, federal,  
        local, business and community interests in goods movement.   
        Specifically, AB 14 requires CalSTA to complete the state freight  
        plan with specified elements to govern immediate and long-range  
        planning activities and capital investments with respect to freight  
        movement.  The state freight plan is required to comply with the  
        relevant provisions of MAP-21 and be completed by December 1, 2014,  
        and updated every five years thereafter.  

        In addition to the development of the state freight plan, ARB is  
        also addressing goods movement as it relates to emissions reductions  
        goals through the development of a Sustainable Freight Strategy  
        (SFS).  The SFS is currently under development by ARB and, through  
        the involvement of stakeholders, seeks to identify and prioritize  
        actions that would move California towards a sustainable freight  
        transport system characterized by zero- or near-zero emissions.  ARB  
        and CalSTA are working closely to ensure that the state freight plan  
        and the SFS are fully coordinated.  

        According to the author, there is still significant need to address  
        goods movement in California.  Specifically, he notes that long wait  
        times at borders (sometimes as long as three to four hours) create  
        delays along the supply chain and result in significant air quality  
        impacts.  The author points out that significant state investment is  
        needed for infrastructure improvements that will create supply chain  








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        efficiencies across all modes.  

        To address these needs, the author has introduced this bill to  
        ensure there is a reliable funding mechanism in place for critical  
        goods movement-related infrastructure projects.  To accomplish this,  
        the bill would continue the existence of TCIF, originally created to  
        hold and distribute Proposition 1B funds, so that monies received  
        from new funding sources (as yet unnamed) can be placed into the  
        TCIF for distribution by CTC for infrastructure improvements on  
        federally designated Trade Corridors of National and Regional  
        Significance, the Primary Freight Network, and along other corridors  
        that have a high volumes of freight movement, as determined by CTC.   


        Previous legislation:  AB 14 requires CalSTA to prepare a state  
        freight plan to govern the immediate and long-range planning  
        activities and capital investments of the state with respect to the  
        movement of freight.  


         Analysis Prepared by  :    Victoria Alvarez / TRANS. / (916) 319- 2093  
                                                          


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