SB 231: Transportation programs.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2015-09-09
Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the auction or sale of allowances as part of a market-based compliance mechanism relative to reduction of greenhouse gas emissions, to be deposited in the Greenhouse Gas Reduction Fund.
Existing law continuously appropriates specified portions of the annual proceeds in the Greenhouse Gas Reduction Fund to various programs including 5% for the Low Carbon Transit Operations Program and 20% for the Affordable Housing and Sustainable Communities Program.
This bill would include water-borne transit as an eligible project that may be funded under these 2 programs. Because the bill would expand the allowable purposes for which the continuously appropriated funds allocated to the program may be expended, it would thereby make an appropriation.
Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the auction or sale of allowances as part of a market-based compliance mechanism relative to reduction of greenhouse gas emissions, to be deposited in the Greenhouse Gas Reduction Fund.
Existing law continuously appropriates specified portions of the annual proceeds in the Greenhouse Gas Reduction Fund to various programs including 5% for the Low Carbon Transit Operations Program and 20% for the Affordable Housing and Sustainable Communities Program.
This bill would include water-borne transit as an eligible project that may be funded under these 2 programs. Because the bill would expand the allowable purposes for which the continuously appropriated funds allocated to the program may be expended, it would thereby make an appropriation.
(1)Existing
Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the auction or sale of allowances as part of a market-based compliance mechanism relative to reduction of greenhouse gas emissions, to be deposited in the Greenhouse Gas Reduction Fund.
Existing law continuously appropriates specified portions of the annual proceeds in the Greenhouse Gas Reduction Fund to various programs including 5% for the Low Carbon Transit Operations Program and 20% for the Affordable Housing and Sustainable Communities Program.
This bill would include water-borne transit as an eligible project that may be funded under these 2 programs. Because the bill would expand the allowable purposes for which the continuously appropriated funds allocated to the program may be expended, it would thereby make an appropriation.
(2)Existing law requires the transfer of a specified portion of the sales tax on diesel fuel, in addition to various other revenues, to the Public Transportation Account, a trust fund in the State Transportation Fund. Funds in the account are required to be allocated to various public transportation and transportation planning purposes. Specified revenues in the account are allocated by the Controller to local transportation agencies for public transportation purposes, pursuant to a program commonly known as the State Transit Assistance program. These funds are allocated by formulas based 50% on population and 50% on transit operator revenue, and are continuously appropriated for purposes of the program.
This bill would provide that for the purposes of the population-based formula, the population of the area under the jurisdiction of the Tahoe Regional Planning Agency shall be deemed to be 145,000 for each fiscal year beginning with 201516. The bill would identify certain special fund revenues in the Public Transportation Account that are to be used to comply with this provision. Because the bill would require a change to the allocation of funds that are continuously appropriated, it would make an appropriation.
(1)Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the auction or sale of allowances as part of a market-based compliance mechanism relative to reduction of greenhouse gas emissions, to be deposited in the Greenhouse Gas Reduction Fund.
Existing law continuously appropriates specified portions of the annual proceeds in the Greenhouse Gas Reduction Fund to various programs including 5% for the Low Carbon Transit Operations Program and 20% for the Affordable Housing and Sustainable Communities Program.
This bill would include water-borne transit that serves as the key transit trunk line in a region as an eligible project that may be funded under these 2 programs. Because the bill would expand the allowable purposes for which the continuously appropriated funds allocated to the program may be expended, it would thereby make an appropriation.
(2)Existing law requires the transfer of a specified portion of the sales tax on diesel fuel, in addition to various other revenues, to the Public Transportation Account, a trust fund in the State Transportation Fund. Funds in the account are required to be allocated to various public transportation and transportation planning purposes. Specified revenues in the account are allocated by the Controller to local transportation agencies for public transportation purposes, pursuant to a program commonly known as the State Transit Assistance program. These funds are allocated by formulas based 50% on population and 50% on transit operator revenue, and are continuously appropriated for purposes of the program.
This bill would provide that for the purposes of the population-based formula, the population of the area under the jurisdiction of the Tahoe Regional Planning Agency shall be deemed to be 145,000 for each fiscal year beginning with 201516. The bill would identify certain special fund revenues in the Public Transportation Account that are to be used to comply with this provision. Because the bill would require a change to the allocation of funds that are continuously appropriated, it would make an appropriation.
(1)Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the auction or sale of allowances as part of a market-based compliance mechanism relative to reduction of greenhouse gas emissions, to be deposited in the Greenhouse Gas Reduction Fund.
Existing law continuously appropriates specified portions of the annual proceeds in the Greenhouse Gas Reduction Fund to various programs including 5% for the Low Carbon Transit Operations Program and 20% for the Affordable Housing and Sustainable Communities Program.
This bill would include water-borne transit that serves as the key transit trunk line in a region as an eligible project that may be funded under these 2 programs. Because the bill would expand the allowable purposes for which the continuously appropriated funds allocated to the program may be expended, it would thereby make an appropriation.
(2)Existing law requires the transfer of a specified portion of the sales tax on diesel fuel, in addition to various other revenues, to the Public Transportation Account, a trust fund in the State Transportation Fund. Funds in the account are required to be allocated to various public transportation and transportation planning purposes. Specified revenues in the account are allocated by the Controller to local transportation agencies for public transportation purposes, pursuant to a program commonly known as the State Transit Assistance program. These funds are allocated by formulas based 50% on population and 50% on transit operator revenue, and are continuously appropriated for purposes of the program.
This bill would provide that for the purposes of the population-based formula, the population of the area under the jurisdiction of the Tahoe Regional Planning Agency shall be deemed to be 145,000 for each fiscal year beginning with 201516. The bill would identify certain special fund revenues in the Public Transportation Account that are to be used to comply with this provision. Because the bill would require a change to the allocation of funds that are continuously appropriated, it would make an appropriation.
Projects eligible for funding pursuant to the program include any of the following:
(a)Intermodal, affordable housing projects that support infill and compact development.
(b)Transit capital projects and programs supporting transit ridership, including water-borne transit.
(c)Active transportation capital projects that qualify under the Active Transportation Program, including pedestrian and bicycle facilities and supportive infrastructure, including connectivity to transit stations.
(d)Noninfrastructure-related active transportation projects that qualify under the Active Transportation Program, including activities that encourage active transportation goals conducted in conjunction with infrastructure improvement projects.
(e)Transit-oriented development projects, including affordable housing and infrastructure at or near transit stations or connecting those developments to transit stations.
(f)Capital projects that implement local complete streets programs.
(g)Other projects or programs designed to reduce greenhouse gas emissions and other criteria air pollutants by reducing automobile trips and vehicle miles traveled within a community.
(h)Acquisition of easements or other approaches or tools that protect agricultural lands that are under pressure of being converted to nonagricultural uses, particularly those adjacent to areas most at risk of urban or suburban sprawl or those of special environmental significance.
(i)Planning to support implementation of a sustainable communities strategy, including implementation of local plans supporting greenhouse gas emissions reduction efforts and promoting infill and compact development.
SEC. 2.Section 75230 of the Public Resources Code is amended to read:75230.(a)The Low Carbon Transit Operations Program is hereby created to provide operating and capital assistance for transit agencies to reduce greenhouse gas emissions and improve mobility, with a priority on serving disadvantaged communities.
(b)Funding for the program is continuously appropriated pursuant to Section 39719 of the Health and Safety Code from the Greenhouse Gas Reduction Fund established pursuant to Section 16428.8 of the Government Code.
(c)Funding shall be allocated by the Controller consistent with the requirements of this part and with Section 39719 of the Health and Safety Code, upon a determination by the Department of Transportation that the expenditures proposed by a transit agency meet the requirements of this part and guidelines developed pursuant to subdivision (f), and the amount of funding requested that is currently available.
(d)Moneys for the program shall be expended to provide transit operating or capital assistance that meets all of the following criteria:
(1)Expenditures supporting new or expanded bus or rail services, new or expanded water-borne transit, or expanded intermodal transit facilities, and may include equipment acquisition, fueling, and maintenance, and other costs to operate those services or facilities.
(2)The recipient transit agency demonstrates that each expenditure directly enhances or expands transit service to increase mode share.
(3)The recipient transit agency demonstrates that each expenditure reduces greenhouse gas emissions.
(e)For transit agencies whose service areas include disadvantaged communities as identified pursuant to Section 39711 of the Health and Safety Code, at least 50 percent of the total moneys received pursuant to this chapter shall be expended on projects or services that meet requirements of subdivision (d) and benefit the disadvantaged communities, consistent with the guidance developed by the State Air Resources Board pursuant to Section 39715 of the Health and Safety Code.
(f)The Department of Transportation, in coordination with the State Air Resources Board, shall develop guidelines that describe the methodologies that recipient transit agencies shall use to demonstrate that proposed expenditures will meet the criteria in subdivisions (d) and (e) and establish the reporting requirements for documenting ongoing compliance with those criteria.
(g)Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development of guidelines for the program pursuant to this section.
(h)A transit agency shall submit the following information to the Department of Transportation before seeking a disbursement of funds pursuant to this part:
(1)A list of proposed expense types for anticipated funding levels.
(2)The documentation required by the guidelines developed pursuant to subdivision (f) to demonstrate compliance with subdivisions (d) and (e).
(i)Before authorizing the disbursement of funds, the department, in coordination with the State Air Resources Board, shall determine the eligibility, in whole or in part, of the proposed list of expense types, based on the documentation provided by the recipient transit agency to ensure ongoing compliance with the guidelines developed pursuant to subdivision (f).
(j)The department shall notify the Controller of approved expenditures for each transit agency, and the amount of the allocation for each transit agency determined to be available at that time of approval.
(k)The recipient transit agency shall provide annual reports to the Department of Transportation, in the format and manner prescribed by the department, consistent with the internal administrative procedures for use of fund proceeds developed by the State Air Resources Board.
(l)The Department of Transportation and recipient transit agencies shall comply with the guidelines developed by the State Air Resources Board pursuant to Section 39715 of the Health and Safety Code to ensure that the requirements of Section 39713 of the Health and Safety Code are met to maximize the benefits to disadvantaged communities as described in Section 39711 of the Health and Safety Code.
Projects eligible for funding pursuant to the program include any of the following:
(a)Intermodal, affordable housing projects that support infill and compact development.
(b)Transit capital projects and programs supporting transit ridership, including water-borne transit.
(c)Active transportation capital projects that qualify under the Active Transportation Program, including pedestrian and bicycle facilities and supportive infrastructure, including connectivity to transit stations.
(d)Noninfrastructure-related active transportation projects that qualify under the Active Transportation Program, including activities that encourage active transportation goals conducted in conjunction with infrastructure improvement projects.
(e)Transit-oriented development projects, including affordable housing and infrastructure at or near transit stations or connecting those developments to transit stations.
(f)Capital projects that implement local complete streets programs.
(g)Other projects or programs designed to reduce greenhouse gas emissions and other criteria air pollutants by reducing automobile trips and vehicle miles traveled within a community.
(h)Acquisition of easements or other approaches or tools that protect agricultural lands that are under pressure of being converted to nonagricultural uses, particularly those adjacent to areas most at risk of urban or suburban sprawl or those of special environmental significance.
(i)Planning to support implementation of a sustainable communities strategy, including implementation of local plans supporting greenhouse gas emissions reduction efforts and promoting infill and compact development.
SEC. 2.Section 75230 of the Public Resources Code is amended to read:75230.(a)The Low Carbon Transit Operations Program is hereby created to provide operating and capital assistance for transit agencies to reduce greenhouse gas emissions and improve mobility, with a priority on serving disadvantaged communities.
(b)Funding for the program is continuously appropriated pursuant to Section 39719 of the Health and Safety Code from the Greenhouse Gas Reduction Fund established pursuant to Section 16428.8 of the Government Code.
(c)Funding shall be allocated by the Controller consistent with the requirements of this part and with Section 39719 of the Health and Safety Code, upon a determination by the Department of Transportation that the expenditures proposed by a transit agency meet the requirements of this part and guidelines developed pursuant to subdivision (f), and the amount of funding requested that is currently available.
(d)Moneys for the program shall be expended to provide transit operating or capital assistance that meets all of the following criteria:
(1)Expenditures supporting new or expanded bus or rail services, new or expanded water-borne transit, or expanded intermodal transit facilities, and may include equipment acquisition, fueling, and maintenance, and other costs to operate those services or facilities.
(2)The recipient transit agency demonstrates that each expenditure directly enhances or expands transit service to increase mode share.
(3)The recipient transit agency demonstrates that each expenditure reduces greenhouse gas emissions.
(e)For transit agencies whose service areas include disadvantaged communities as identified pursuant to Section 39711 of the Health and Safety Code, at least 50 percent of the total moneys received pursuant to this chapter shall be expended on projects or services that meet requirements of subdivision (d) and benefit the disadvantaged communities, consistent with the guidance developed by the State Air Resources Board pursuant to Section 39715 of the Health and Safety Code.
(f)The Department of Transportation, in coordination with the State Air Resources Board, shall develop guidelines that describe the methodologies that recipient transit agencies shall use to demonstrate that proposed expenditures will meet the criteria in subdivisions (d) and (e) and establish the reporting requirements for documenting ongoing compliance with those criteria.
(g)Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development of guidelines for the program pursuant to this section.
(h)A transit agency shall submit the following information to the Department of Transportation before seeking a disbursement of funds pursuant to this part:
(1)A list of proposed expense types for anticipated funding levels.
(2)The documentation required by the guidelines developed pursuant to subdivision (f) to demonstrate compliance with subdivisions (d) and (e).
(i)Before authorizing the disbursement of funds, the department, in coordination with the State Air Resources Board, shall determine the eligibility, in whole or in part, of the proposed list of expense types, based on the documentation provided by the recipient transit agency to ensure ongoing compliance with the guidelines developed pursuant to subdivision (f).
(j)The department shall notify the Controller of approved expenditures for each transit agency, and the amount of the allocation for each transit agency determined to be available at that time of approval.
(k)The recipient transit agency shall provide annual reports to the Department of Transportation, in the format and manner prescribed by the department, consistent with the internal administrative procedures for use of fund proceeds developed by the State Air Resources Board.
(l)The Department of Transportation and recipient transit agencies shall comply with the guidelines developed by the State Air Resources Board pursuant to Section 39715 of the Health and Safety Code to ensure that the requirements of Section 39713 of the Health and Safety Code are met to maximize the benefits to disadvantaged communities as described in Section 39711 of the Health and Safety Code.
Projects eligible for funding pursuant to the program include any of the following:
(a)Intermodal, affordable housing projects that support infill and compact development.
(b)Transit capital projects and programs supporting transit ridership, including water-borne transit.
(c)Active transportation capital projects that qualify under the Active Transportation Program, including pedestrian and bicycle facilities and supportive infrastructure, including connectivity to transit stations.
(d)Noninfrastructure-related active transportation projects that qualify under the Active Transportation Program, including activities that encourage active transportation goals conducted in conjunction with infrastructure improvement projects.
(e)Transit-oriented development projects, including affordable housing and infrastructure at or near transit stations or connecting those developments to transit stations.
(f)Capital projects that implement local complete streets programs.
(g)Other projects or programs designed to reduce greenhouse gas emissions and other criteria air pollutants by reducing automobile trips and vehicle miles traveled within a community.
(h)Acquisition of easements or other approaches or tools that protect agricultural lands that are under pressure of being converted to nonagricultural uses, particularly those adjacent to areas most at risk of urban or suburban sprawl or those of special environmental significance.
(i)Planning to support implementation of a sustainable communities strategy, including implementation of local plans supporting greenhouse gas emissions reduction efforts and promoting infill and compact development.
SEC. 2.Section 75230 of the Public Resources Code is amended to read:75230.(a)The Low Carbon Transit Operations Program is hereby created to provide operating and capital assistance for transit agencies to reduce greenhouse gas emissions and improve mobility, with a priority on serving disadvantaged communities.
(b)Funding for the program is continuously appropriated pursuant to Section 39719 of the Health and Safety Code from the Greenhouse Gas Reduction Fund established pursuant to Section 16428.8 of the Government Code.
(c)Funding shall be allocated by the Controller consistent with the requirements of this part and with Section 39719 of the Health and Safety Code, upon a determination by the Department of Transportation that the expenditures proposed by a transit agency meet the requirements of this part and guidelines developed pursuant to subdivision (f), and the amount of funding requested that is currently available.
(d)Moneys for the program shall be expended to provide transit operating or capital assistance that meets all of the following criteria:
(1)Expenditures supporting new or expanded bus or rail services, new or expanded water-borne transit, or expanded intermodal transit facilities, and may include equipment acquisition, fueling, and maintenance, and other costs to operate those services or facilities.
(2)The recipient transit agency demonstrates that each expenditure directly enhances or expands transit service to increase mode share.
(3)The recipient transit agency demonstrates that each expenditure reduces greenhouse gas emissions.
(e)For transit agencies whose service areas include disadvantaged communities as identified pursuant to Section 39711 of the Health and Safety Code, at least 50 percent of the total moneys received pursuant to this chapter shall be expended on projects or services that meet requirements of subdivision (d) and benefit the disadvantaged communities, consistent with the guidance developed by the State Air Resources Board pursuant to Section 39715 of the Health and Safety Code.
(f)The Department of Transportation, in coordination with the State Air Resources Board, shall develop guidelines that describe the methodologies that recipient transit agencies shall use to demonstrate that proposed expenditures will meet the criteria in subdivisions (d) and (e) and establish the reporting requirements for documenting ongoing compliance with those criteria.
(g)Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development of guidelines for the program pursuant to this section.
(h)A transit agency shall submit the following information to the Department of Transportation before seeking a disbursement of funds pursuant to this part:
(1)A list of proposed expense types for anticipated funding levels.
(2)The documentation required by the guidelines developed pursuant to subdivision (f) to demonstrate compliance with subdivisions (d) and (e).
(i)Before authorizing the disbursement of funds, the department, in coordination with the State Air Resources Board, shall determine the eligibility, in whole or in part, of the proposed list of expense types, based on the documentation provided by the recipient transit agency to ensure ongoing compliance with the guidelines developed pursuant to subdivision (f).
(j)The department shall notify the Controller of approved expenditures for each transit agency, and the amount of the allocation for each transit agency determined to be available at that time of approval.
(k)The recipient transit agency shall provide annual reports to the Department of Transportation, in the format and manner prescribed by the department, consistent with the internal administrative procedures for use of fund proceeds developed by the State Air Resources Board.
(l)The Department of Transportation and recipient transit agencies shall comply with the guidelines developed by the State Air Resources Board pursuant to Section 39715 of the Health and Safety Code to ensure that the requirements of Section 39714 39713 of the Health and Safety Code are met to maximize the benefits to disadvantaged communities as described in Section 39711 of the Health and Safety Code.
SEC. 3.Section 99313 of the Public Utilities Code is amended to read:99313.(a)From the funds made available pursuant to subdivision (c) of Section 99312, an amount shall be allocated by the Controller to each transportation planning agency and county transportation commission, and the San Diego Metropolitan Transit Development Board, based on the ratio of the population of the area under its jurisdiction to the total population of the state.
(b)For the purposes of this section, notwithstanding subdivision (a), the population of the area under the jurisdiction of the transportation planning agency designated pursuant to subdivision (b) of Section 29532.1 of the Government Code shall be deemed to be 145,000 for each fiscal year beginning with the 201516 fiscal year. However, in making the population-based allocations pursuant to this section and subdivision (b) of Section 99312.1, the Controller shall make any additional allocation required by this subdivision solely from the revenues deposited in the account pursuant to Section 99312 and not from the revenues deposited into the account pursuant to Section 99312.1, in a manner consistent with the intent of this subdivision to provide an additional allocation for population-based allocations, and the Controller may make any necessary accounting adjustments in that regard.
Projects eligible for funding pursuant to the program include any of the following:
(a)Intermodal, affordable housing projects that support infill and compact development.
(b)Transit capital projects and programs supporting transit ridership, including water-borne transit that serves as the key trunk line within a region. transit.
(c)Active transportation capital projects that qualify under the Active Transportation Program, including pedestrian and bicycle facilities and supportive infrastructure, including connectivity to transit stations.
(d)Noninfrastructure-related active transportation projects that qualify under the Active Transportation Program, including activities that encourage active transportation goals conducted in conjunction with infrastructure improvement projects.
(e)Transit-oriented development projects, including affordable housing and infrastructure at or near transit stations or connecting those developments to transit stations.
(f)Capital projects that implement local complete streets programs.
(g)Other projects or programs designed to reduce greenhouse gas emissions and other criteria air pollutants by reducing automobile trips and vehicle miles traveled within a community.
(h)Acquisition of easements or other approaches or tools that protect agricultural lands that are under pressure of being converted to nonagricultural uses, particularly those adjacent to areas most at risk of urban or suburban sprawl or those of special environmental significance.
(i)Planning to support implementation of a sustainable communities strategy, including implementation of local plans supporting greenhouse gas emissions reduction efforts and promoting infill and compact development.
SEC. 2.Section 75230 of the Public Resources Code is amended to read:75230.(a)The Low Carbon Transit Operations Program is hereby created to provide operating and capital assistance for transit agencies to reduce greenhouse gas emissions and improve mobility, with a priority on serving disadvantaged communities.
(b)Funding for the program is continuously appropriated pursuant to Section 39719 of the Health and Safety Code from the Greenhouse Gas Reduction Fund established pursuant to Section 16428.8 of the Government Code.
(c)Funding shall be allocated by the Controller consistent with the requirements of this part and with Section 39719 of the Health and Safety Code, upon a determination by the Department of Transportation that the expenditures proposed by a transit agency meet the requirements of this part and guidelines developed pursuant to subdivision (f), and the amount of funding requested that is currently available.
(d)Moneys for the program shall be expended to provide transit operating or capital assistance that meets all of the following criteria:
(1)Expenditures supporting new or expanded bus or rail services, new or expanded water-borne transit that serves as the key trunk line within a region, transit, or expanded intermodal transit facilities, and may include equipment acquisition, fueling, and maintenance, and other costs to operate those services or facilities.
(2)The recipient transit agency demonstrates that each expenditure directly enhances or expands transit service to increase mode share.
(3)The recipient transit agency demonstrates that each expenditure reduces greenhouse gas emissions.
(e)For transit agencies whose service areas include disadvantaged communities as identified pursuant to Section 39711 of the Health and Safety Code, at least 50 percent of the total moneys received pursuant to this chapter shall be expended on projects or services that meet requirements of subdivision (d) and benefit the disadvantaged communities, consistent with the guidance developed by the State Air Resources Board pursuant to Section 39715 of the Health and Safety Code.
(f)The Department of Transportation, in coordination with the State Air Resources Board, shall develop guidelines that describe the methodologies that recipient transit agencies shall use to demonstrate that proposed expenditures will meet the criteria in subdivisions (d) and (e) and establish the reporting requirements for documenting ongoing compliance with those criteria.
(g)Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development of guidelines for the program pursuant to this section.
(h)A transit agency shall submit the following information to the Department of Transportation before seeking a disbursement of funds pursuant to this part:
(1)A list of proposed expense types for anticipated funding levels.
(2)The documentation required by the guidelines in developed pursuant to subdivision (f) to demonstrate compliance with subdivisions (d) and (e).
(i)Before authorizing the disbursement of funds, the department, in coordination with the State Air Resources Board, shall determine the eligibility, in whole or in part, of the proposed list of expense types, based on the documentation provided by the recipient transit agency to ensure ongoing compliance with the guidelines developed pursuant to subdivision (f).
(j)The department shall notify the Controller of approved expenditures for each transit agency, and the amount of the allocation for each transit agency determined to be available at that time of approval.
(k)The recipient transit agency shall provide annual reports to the Department of Transportation, in the format and manner prescribed by the department, consistent with the internal administrative procedures for use of fund proceeds developed by the State Air Resources Board.
(l)The Department of Transportation and recipient transit agencies shall comply with the guidelines developed by the State Air Resources Board pursuant to Section 39715 of the Health and Safety Code to ensure that the requirements of Section 39714 of the Health and Safety Code are met to maximize the benefits to disadvantaged communities as described in Section 39711 of the Health and Safety Code.
SEC. 3.Section 99313 of the Public Utilities Code is amended to read:99313.(a)From the funds made available pursuant to subdivision (c) of Section 99312, an amount shall be allocated by the Controller to each transportation planning agency and county transportation commission, and the San Diego Metropolitan Transit Development Board, based on the ratio of the population of the area under its jurisdiction to the total population of the state.
(b)For the purposes of this section, notwithstanding subdivision (a), the population of the area under the jurisdiction of the transportation planning agency designated pursuant to subdivision (b) of Section 29532.1 of the Government Code shall be deemed to be 145,000 for each fiscal year beginning with the 201516 fiscal year. However, in making the population-based allocations pursuant to this section and subdivision (b) of Section 99312.1, the Controller shall make any additional allocation required by this subdivision solely from the revenues deposited in the account pursuant to Section 99312 and not from the revenues deposited into the account pursuant to Section 99312.1, in a manner consistent with the intent of this subdivision to provide an additional allocation from the cumulative amount available from the account for population-based allocations, and the Controller may make any necessary accounting adjustments in that regard.
Projects eligible for funding pursuant to the program include any of the following:
(a)Intermodal, affordable housing projects that support infill and compact development.
(b)Transit capital projects and programs supporting transit ridership. ridership, including water-borne transit that serves as the key trunk line within a region.
(c)Active transportation capital projects that qualify under the Active Transportation Program, including pedestrian and bicycle facilities and supportive infrastructure, including connectivity to transit stations.
(d)Noninfrastructure-related active transportation projects that qualify under the Active Transportation Program, including activities that encourage active transportation goals conducted in conjunction with infrastructure improvement projects.
(e)Transit-oriented development projects, including affordable housing and infrastructure at or near transit stations or connecting those developments to transit stations.
(f)Capital projects that implement local complete streets programs.
(g)Other projects or programs designed to reduce greenhouse gas emissions and other criteria air pollutants by reducing automobile trips and vehicle miles traveled within a community.
(h)Acquisition of easements or other approaches or tools that protect agricultural lands that are under pressure of being converted to nonagricultural uses, particularly those adjacent to areas most at risk of urban or suburban sprawl or those of special environmental significance.
(i)Planning to support implementation of a sustainable communities strategy, including implementation of local plans supporting greenhouse gas emissions reduction efforts and promoting infill and compact development.
SEC. 2.Section 75230 of the Public Resources Code is amended to read:75230.(a)The Low Carbon Transit Operations Program is hereby created to provide operating and capital assistance for transit agencies to reduce greenhouse gas emissions and improve mobility, with a priority on serving disadvantaged communities.
(b)Funding for the program is continuously appropriated pursuant to Section 39719 of the Health and Safety Code from the Greenhouse Gas Reduction Fund established pursuant to Section 16428.8 of the Government Code.
(c)Funding shall be allocated by the Controller consistent with the requirements of this part and with Section 39719 of the Health and Safety Code, upon a determination by the Department of Transportation that the expenditures proposed by a transit agency meet the requirements of this part and guidelines developed pursuant to subdivision (f), and the amount of funding requested that is currently available.
(d)Moneys for the program shall be expended to provide transit operating or capital assistance that meets all of the following criteria:
(1)Expenditures supporting new or expanded bus or rail services, new or expanded water-borne transit that serves as the key trunk line within a region, or expanded intermodal transit facilities, and may include equipment acquisition, fueling, and maintenance, and other costs to operate those services or facilities.
(2)The recipient transit agency demonstrates that each expenditure directly enhances or expands transit service to increase mode share.
(3)The recipient transit agency demonstrates that each expenditure reduces greenhouse gas emissions.
(e)For transit agencies whose service areas include disadvantaged communities as identified pursuant to Section 39711 of the Health and Safety Code, at least 50 percent of the total moneys received pursuant to this chapter shall be expended on projects or services that meet requirements of subdivision (d) and benefit the disadvantaged communities, consistent with the guidance developed by the State Air Resources Board pursuant to Section 39715 of the Health and Safety Code.
(f)The Department of Transportation, in coordination with the State Air Resources Board, shall develop guidelines that describe the methodologies that recipient transit agencies shall use to demonstrate that proposed expenditures will meet the criteria in subdivisions (d) and (e) and establish the reporting requirements for documenting ongoing compliance with those criteria.
(g)Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development of guidelines for the program pursuant to this section.
(h)A transit agency shall submit the following information to the Department of Transportation before seeking a disbursement of funds pursuant to this part:
(1)A list of proposed expense types for anticipated funding levels.
(2)The documentation required by the guidelines in developed pursuant to subdivision (f) to demonstrate compliance with subdivisions (d) and (e).
(i)Before authorizing the disbursement of funds, the department, in coordination with the State Air Resources Board, shall determine the eligibility, in whole or in part, of the proposed list of expense types, based on the documentation provided by the recipient transit agency to ensure ongoing compliance with the guidelines developed pursuant to subdivision (f).
(j)The department shall notify the Controller of approved expenditures for each transit agency, and the amount of the allocation for each transit agency determined to be available at that time of approval.
(k)The recipient transit agency shall provide annual reports to the Department of Transportation, in the format and manner prescribed by the department, consistent with the internal administrative procedures for use of fund proceeds developed by the State Air Resources Board.
(l)The Department of Transportation and recipient transit agencies shall comply with the guidelines developed by the State Air Resources Board pursuant to Section 39715 of the Health and Safety Code to ensure that the requirements of Section 39714 of the Health and Safety Code are met to maximize the benefits to disadvantaged communities as described in Section 39711 of the Health and Safety Code.
SEC. 3.Section 99313 of the Public Utilities Code is amended to read:99313.(a)From the funds made available pursuant to subdivision (c) of Section 99312, an amount shall be allocated by the Controller to each transportation planning agency and county transportation commission, and the San Diego Metropolitan Transit Development Board, based on the ratio of the population of the area under its jurisdiction to the total population of the state.
(b)For the purposes of this section, notwithstanding subdivision (a), the population of the area under the jurisdiction of the transportation planning agency designated pursuant to subdivision (b) of Section 29532.1 of the Government Code shall be deemed to be 145,000 for each fiscal year beginning with the 201516 fiscal year. However, in making the population-based allocations pursuant to this section and subdivision (b) of Section 99312.1, the Controller shall make any additional allocation required by this subdivision solely from the revenues deposited in the account pursuant to Section 99312 and not from the revenues deposited into the account pursuant to Section 99312.1, in a manner consistent with the intent of this subdivision to provide an additional allocation from the cumulative amount available from the account for population-based allocations, and the Controller may make any necessary accounting adjustments in that regard.
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Date
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Status
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|---|---|
| Jun 2, 2015 | Read second time and amended. Ordered to third reading. |
| Sep 9, 2015 | Chaptered by Secretary of State. Chapter 286, Statutes of 2015. |
| Sep 9, 2015 | Approved by the Governor. |
| Aug 28, 2015 | Enrolled and presented to the Governor at 3:45 p.m. |
| Aug 27, 2015 | Read third time. Passed. (Ayes 78. Noes 0. Page 2636.) Ordered to the Senate. |
| Aug 27, 2015 | Read third time. Passed. Ordered to the Senate. |
| Aug 27, 2015 | In Senate. Ordered to engrossing and enrolling. |
| Aug 20, 2015 | Read second time. Ordered to consent calendar. |
| Aug 19, 2015 | From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 19). |
| Jul 14, 2015 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 9. Noes 0.) (July 13). Re-referred to Com. on APPR. |
| Jun 30, 2015 | From committee: Do pass and re-refer to Com. on NAT. RES. (Ayes 16. Noes 0.) (June 29). Re-referred to Com. on NAT. RES. |
| Jun 15, 2015 | Referred to Coms. on TRANS. and NAT. RES. |
| Jun 4, 2015 | Read third time. Passed. (Ayes 36. Noes 0.) Ordered to the Assembly. |
| Jun 4, 2015 | Read third time. Passed. (Ayes 36. Noes 0. Page 1323.) Ordered to the Assembly. |
| Jun 4, 2015 | In Assembly. Read first time. Held at Desk. |
| Feb 13, 2015 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| Jun 1, 2015 | From committee: Do pass as amended. (Ayes 7. Noes 0.) (May 28). |
| Jun 1, 2015 | From committee: Do pass as amended. (Ayes 7. Noes 0. Page 1149.) (May 28). |
| May 23, 2015 | Set for hearing May 28. |
| May 18, 2015 | May 18 hearing: Placed on APPR. suspense file. |
| May 8, 2015 | Set for hearing May 18. |
| Apr 29, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (April 28). Re-referred to Com. on APPR. |
| Apr 29, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0. Page 825.) (April 28). Re-referred to Com. on APPR. |
| Apr 20, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on T. & H. |
| Apr 7, 2015 | Set for hearing April 28. |
| Apr 6, 2015 | April 21 set for first hearing canceled at the request of author. |
| Apr 2, 2015 | Set for hearing April 21. |
| Feb 26, 2015 | Referred to Com. on T. & H. |
| Feb 17, 2015 | From printer. May be acted upon on or after March 19. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 27, 2015 | SB 231 Gaines Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Aug 19, 2015 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jul 13, 2015 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Natural Resources |
Passed |
|
| Jun 29, 2015 | Do pass and be re-referred to the Committee on [Natural Resources] | Assembly Standing Committee on Transportation |
Passed |
|
| Jun 4, 2015 | Senate 3rd Reading SB231 Gaines | Senate Floor |
Passed |
|
| May 28, 2015 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| May 18, 2015 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 28, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Transportation and Housing |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Alameda-Contra Costa Transit District | * Against | Apr 28, 2015 |
| California Association for Coordinated Transportation | ** Against | Apr 28, 2015 |
| California Association For Coordinated Transportation (Calact) | * Against | Apr 28, 2015 |
| California Association of Coordinated Transportation | * Against | Apr 28, 2015 |
| California Tahoe Alliance | ** Support | Jun 4, 2015 |
| City Of South Lake Tahoe | ** Support | Jun 4, 2015 |
| International Longshore and Warehouse Union | ** Support | Jun 4, 2015 |
| Napa County Transportation And Planning Agency/Napa Valley Transportation Authority | * Against | Apr 28, 2015 |
| North Lake Tahoe Resort Association | ** Support | Jun 4, 2015 |
| San Francisco Water Emergency Transportation Authority | ** Support | Jun 4, 2015 |
| Tahoe City Public Utility District | ** Support | Jun 4, 2015 |
| Tahoe Resource Conservation District | ** Support | Jun 4, 2015 |
| Tahoe Transportation District | ** Support | Jun 4, 2015 |
| Transportation California | * Indeterminate | Apr 28, 2015 |
| Truckee North Tahoe Transportation Management Association | ** Support | Jun 4, 2015 |
Date of Hearing: August 19, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
SB 231
(Gaines) – As Amended June 2, 2015
Policy Committee: |
Transportation |
Vote: |
16 - 0 |
|
Natural Resources |
|
9 - 0 |
|
|
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill specifies that water-borne transit projects (e.g. commuter ferries) are eligible for cap-and-trade funding under the Affordable Housing and Sustainable Communities Program (AHSCP) and the Low Carbon Transit Operations Program (LCTOP).
FISCAL EFFECT:
Under current law, the AHSCP and the LCTOP are funded by continuous appropriations of 20% and 5%, respectively, of annual cap-and-trade revenues beginning in 2015-16. Based on current estimates of cap-and-trade revenues, about $400 million will be available to the AHSCP and $100 million will be available to LCTOP this fiscal year. Given these significant funding levels and the numerous other demands for cap-and-trade funds, making commuter ferry systems eligible for these programs would likely not create cost pressure on either program.
COMMENTS:
Background. The AHSCP provides competitive grants to local agencies for projects to reduce greenhouse gas emissions through land use, housing, transportation, and agricultural land preservation. Eligible projects include infill housing development, transit projects to support ridership (including transit and transit stations), and active transportation projects. Qualifying transit includes various forms of rail service, bus service, and “flexible transit” (vanpools and shuttle bus feeder systems).
The LCTOP provides operating and capital assistance to transit agencies to reduce greenhouse gas emissions and improve mobility, with a priority on serving disadvantaged communities. Funds are distributed on a formulaic basis to local agencies, rather than a competitive basis. Eligible projects include expanded, new, or enhanced transit services; conversion or retrofit of transit vehicles and equipment to zero-emission; expanded intermodal transit facilities; and infrastructure to support zero-emission or plug-in hybrid vehicles.
Purpose. The Lake Tahoe Basin has a resident population of approximately 55,000, but the area’s transportation system serves an additional 6.5 million annual visitors. The Tahoe Basin is governed by the Tahoe Regional Planning Agency (TRPA), a bi-state regional planning agency established in the 1960s. The Tahoe Transportation District (TTD), housed within the TRPA, is seeking to develop the Crosslake Passenger Ferry, to provide year-round, high-speed ferry service between South Lake Tahoe and Tahoe City (North Lake Tahoe) and link with bus, trolley, shuttle services, water taxies, and trails.
As proposed, the ferry service would make approximately eight trips per day, carrying 120 passengers per trip, and is expected to significantly reduce vehicle trips (both commuter and recreational travel), reduce GHG emissions, and improve local air quality and the lake's clarity. The TTD estimates that the project will cost $33 million with annual operating costs of $3.4 million.
To allow TTD to qualify for a greater range of project funding, the author has introduced SB 231 which clarifies that water-borne transit systems, including but not necessarily limited to TTD's proposed ferry service, are eligible for funding using cap-and-trade monies available through AHSCP and LCTOP.
Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081
SB 231
Page 3
Date of Hearing: July 13, 2015
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Das Williams, Chair
SB 231
(Gaines) – As Amended June 2, 2015
SENATE VOTE: 36-0
SUBJECT: Transportation programs.
SUMMARY: Specifies that water-borne transit projects (e.g., commuter ferries) are eligible for certain cap-and-trade funding.
EXISTING LAW, under the California Global Warming Solutions Act of 2006 (AB 32):
Requires the California Air Resources Board (ARB) to adopt GHG emissions reduction measures to achieve a reduction in statewide GHG emsisions to the 1990 level.
Requires ARB to prepare and approve a Scoping Plan, on or before January 1, 2009 and once every five years thereafter, for achieving the maximum technologically feasible and cost-effective reductions in GHG emissions from sources of emissions by 2020.
Establishes the Affordable Housing and Sustainable Communities Program (AHSCP) to fund land-use, housing, transportation, and land preservation projects to support infill and compact development that reduces GHG emissions.
Establishes the Low Carbon Transit Operations Program (LCTOP) to provide operating and capital assistance for transit agencies to reduce GHG emissions and improve mobility, with a priority on serving disadvantaged communities. Approved projects support new or expanded bus or rail services, expand intermodal transit facilities, and may include equipment acquisition, fueling, maintenance, and other costs to operate those services or facilities. At least 50% of the total funds received must be expended on projects that benefit disadvantaged communities.
Establishes the Greenhouse Gas Reduction Fund (GGRF) in the State Treasury, requires all funds, except for fines and penalties, collected pursuant to a market-based mechanism be deposited in the GGRF, and requires the Department of Finance, in consultation with ARB and any other relevant state agency, to develop a three-year investment plan for the GGRF.
Requires that the GGRF be used to facilitate GHG emissions reductions in this state consistent with AB 32. Requires that annual budget appropriations from the GGRF be consistent with the investment plan.
Continuously appropriates 20% of the GGRF to AHSCP and 5% to LCTOP.
THIS
BILL:
Adds water-borne transit to the list of projects eligible for funding under the AHSCP.
Clarifies that new or expanded water-borne transit projects are eligible for funding under the LCTOP.
Makes related, technical amendments.
FISCAL EFFECT: Unknown
COMMENTS:
Transit in Lake Tahoe. The Lake Tahoe Basin has a resident population of approximately 55,000, but the area’s transportation system serves an additional 6.5 million annual visitors. The Tahoe Basin is governed by the Tahoe Regional Planning Agency (TRPA), a bi-state regional planning agency established in the 1960s. TRPA is directed by the Bi-State Compact (Compact) that, among other things, required TRPA to reduce its dependency on automobiles by making more effective use of existing transportation modes and public transit. To accomplish this directive, the Tahoe Transportation District (TTD), housed within the TRPA, has begun a major new north-south transit effort. Specifically, the Crosslake Passenger Ferry would provide year-round, high-speed ferry service between South Lake Tahoe and Tahoe City (North Lake Tahoe) and link with bus, trolley, shuttle services, water taxies, and trails. As proposed, the ferry service would make approximately eight trips per day carrying 120 passengers per trip and is expected to significantly reduce vehicle trips (both commuter and recreational travel), reduce GHG emissions, and improve local air quality and the lake's clarity. The TTD estimates that the project will cost $33 million with annual operating costs of $3.4 million.
To allow TTD to qualify for a greater range of project funding, the author has introduced SB 231 which clarifies that water-borne transit systems, including but not necessarily limited to TTD's proposed ferry service, are eligible for funding using cap-and-trade monies available through AHSCP and LCTOP. Given that water-borne transit programs provide essentially the same benefits of reducing vehicle miles traveled and greenhouse gas emissions as rail and bus transit projects, it stands to reason that AHSCP and LCTOP should be amended to expressly include ferry services as eligible program recipients.
Funding. The 2014-15 Budget Act established AHSCP under the Strategic Growth Council to provide grants to local agencies for projects to reduce GHG emissions through land use, housing, transportation, and agricultural land preservation. Eligible projects include infill housing development, transit projects to support ridership, and active transportation projects. The 2014-15 Budget Act provides for a continuous appropriation of 20% of the GGRF to AHSCP beginning in 2015-16.
The 2014-15 Budget Act also established LCTOP. This program provides operating and capital assistance to transit agencies to reduce GHG emissions and improve mobility. Eligible projects include expanded, new, or enhanced transit services; conversion or retrofit of transit vehicles and equipment to zero-emission; expanded intermodal transit facilities; and infrastructure to support zero-emission or plug-in hybrid vehicles. The 2014-15 Act provides for a continuous appropriation of 5% of the GGRF to LCTOP beginning in 2015-16.
Author's statement:
SB 231 would permit the TRPA and the TTD to pursue waterborne transit
project funding under the LCTOP and AHSCP.
This bill is
intended to enhance the TRPA/TTD's ability to carry out its mission
under the [Compact]… The Compact imposes the obligation to reduce
dependency on the automobile and to increase the capacity and
efficiency of the region's transportation network through waterborne
transit systems.
Double referral. This bill was double referred to the Assembly Transportation Committee and passed on a vote of 16-0 on June 29th.
REGISTERED SUPPORT / OPPOSITION:
Support
City of South Lake Tahoe
El Dorado County Supervisor Sue Novasel
International Longshore and Warehouse Union
North Lake Tahoe Resort Association
San Francisco Bay Area Water Emergency Transportation Authority
Tahoe City Public Utility District
Tahoe Transportation District
Opposition
None on file
Analysis Prepared by: Elizabeth MacMillan
SB 231
Page 2
Date of Hearing: June 29, 2015
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
SB 231
(Gaines) – As Amended June 2, 2015
SENATE VOTE: 36-0
SUBJECT: Transportation programs.
SUMMARY: Clarifies that water-borne transit projects (e.g., commuter ferries) are eligible for certain cap-and-trade funding.
Adds water-borne transit to the list of projects eligible for funding under the Affordable Housing and Sustainable Communities Program (AHSCP).
Clarifies that new or expanded water-borne transit projects are eligible for funding under the Low Carbon Transit Operations Program (LCTOP).
Makes related, technical amendments.
EXISTING LAW:
Requires all cap-and-trade proceeds, except for fines and penalties, collected by the State Air Resources Board be deposited in the Greenhouse Gas Reduction Fund (GGRF).
Continuously appropriates, 5% of the GGRF for LCTOP and 20% for AHSCP.
FISCAL
EFFECT: Unknown
COMMENTS: The 2014-15 budget agreement established AHSCP under the Strategic Growth Council to provide grants to local agencies for projects to reduce greenhouse gas (GHG) emissions through land use, housing, transportation, and agricultural land preservation. Eligible projects include infill housing development, transit projects to support ridership, and active transportation projects. The 2014-15 budget agreement provides for a continuous appropriation of 20% of cap-and-trade funds to AHSCP beginning in 2015-16.
The 2014-15 budget agreement also established LCTOP under the California State Transportation Agency. This program provides operating and capital assistance to transit agencies to reduce GHG emissions and improve mobility. Eligible projects include expanded, new, or enhanced transit services; conversion or retrofit of transit vehicles and equipment to zero-emission; expanded intermodal transit facilities; and infrastructure to support zero-emission or plug-in hybrid vehicles. The 2014-15 budget agreement provides for a continuous appropriation of 5% of cap-and-trade funds to LCTOP beginning in 2015-16.
The author has introduced SB 231 to assist the Tahoe Transportation District (TTD). The Lake Tahoe Basin has a resident population of approximately 55,000 but the area’s transportation system serves an additional 6.5 million annual visitors because Lake Tahoe is such a popular recreation destination. The Tahoe Basin is governed by the Tahoe Regional Planning Agency (TRPA), a bi-state regional planning agency established in the late 1960's in response to strong development pressures in the region. TRPA is directed by the Bi-State Compact (Compact) that, among other things, imposed obligations on TRPA to reduce its dependency on automobiles by making more effective use of existing transportation modes and public transit. To accomplish this directive, TTD, established within the TRPA, has embarked on a project to provide a major new north-south transit effort. Specifically, the project calls for a year-round ferry service between South Lake Tahoe and Tahoe City (North Lake Tahoe) via high-speed ferry. As proposed, the ferry service would make approximately eight trips per day carrying 120 passengers per trip and is expected to significantly reduce vehicle trips (both commuter and recreational travel) and improve local air quality as well as the lake's clarity. Project costs are estimated at $33 million with annual operating costs of $3.4 million. TTD anticipates that state and federal monies will be used to pay capital costs of the project and that federal grant monies will be used to cover the nearly $3 million in annual operating expenses.
To allow TTD to qualify for a greater range of project funding, the author has introduced SB 231 which clarifies that water-borne transit systems, including but not necessarily limited to TTD's proposed ferry service, are eligible for funding using cap-and-trade monies available through AHSCP and LCTOP. Given that water-borne transit programs provide essentially the same benefits of reducing vehicle miles traveled and greenhouse gas emissions as rail and bus transit projects, it stands to reason that AHSCP and LCTOP should be amended to expressly include ferry services as eligible program recipients.
Double referral: This bill will be referred to the Assembly Natural Resources Committee should it pass out of this committee.
REGISTERED SUPPORT / OPPOSITION:
Support
Tahoe Transportation District (Sponsor)
City of South Lake Tahoe
Honorable Sue Novasel, El Dorado County Supervisor
International Longshore and Warehouse Union
North Lake Tahoe Resort Association
San Francisco Bay Area Water Emergency Transportation Authority
Tahoe City Public Utilities District
Opposition
None on file
Analysis Prepared by: Victoria Alvarez / TRANS. / (916) 319-2093
SB 231
Page 4
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: SB 231
Amended: 6/2/15
SENATE TRANS. & HOUSING COMMITTEE: 11-0, 4/28/15
AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
SUBJECT: Transportation funding: ferries
SOURCE: Tahoe Transportation District
DIGEST: This bill clarifies that ferries are eligible for funding under the Affordable Housing and Sustainable Communities Program (AHSC) and the Low Carbon Transit Operations Program (LCTOP).
Existing law:
Requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the auction or sale of allowances as part of a market-based compliance mechanism relative to reduction of greenhouse gas emissions, to be deposited in the Greenhouse Gas Reduction Fund (GGRF).
Appropriates, continuously, specified portions of the annual proceeds in the GGRF to various programs including 5% for the LCTOP and 20% for the AHSC.
This bill makes commuter ferries eligible for funding under AHSC and LCTOP.
Background
The 2014-15 budget agreement established the AHSC under the Strategic Growth Council. This program provides grants to local agencies for projects to reduce greenhouse gas emissions through land use, housing, transportation, and agricultural land preservation. Eligible projects include infill housing development, transit projects to support ridership, and active transportation projects. The 2014-15 budget agreement provides for a continuous appropriation of 20% of cap-and-trade funds to AHSC beginning in 2015-16.
The 2014-15 budget agreement also established the LCTOP under the California State Transportation Agency. This program provides operating and capital assistance to transit agencies to reduce greenhouse gas emissions and improve mobility. Eligible projects include expanded, new, or enhanced transit services; conversion or retrofit of transit vehicles and equipment to zero-emission; expanded intermodal transit facilities; and infrastructure to support zero-emission or plug-in hybrid vehicles. The 2014-15 budget agreement provides for a continuous appropriation of 5% of cap-and-trade funds to LCTOP beginning in 2015-16.
Comments
Purpose. The author states that although the Tahoe Basin has a resident population of approximately 55,000, the area’s transportation system must accommodate up to 350,000 visitors on a “peak” day due to its popularity as a recreation destination and its proximity to major urban areas. Although Tahoe is classified as a rural area, it needs an urban level of transportation infrastructure to adequately serve its visitors and residents. The Tahoe Transportation District, source of this bill, has embarked on a ferry project to provide a major new north-south transit component for the Lake Tahoe Basin. This project is key to meeting Tahoe Regional Planning Agency (TRPA) and sustainable communities strategies objectives. By expressly making ferry transit systems throughout the state eligible for AHSC and LCTOP, this bill could help provide funding for the ferry project.
Expansion of AHSC and LCTOP? While ferries are not specifically listed in the LCTOP authorizing statute, they are mentioned multiple times in the program guidelines. The AHSC guidelines do not reference ferries and focus primarily on transit stations; ferry eligibility would likely be limited to ferry terminals. In both cases, this bill does not appropriate any funds to ferries, but makes ferry projects eligible for these programs. Commuter ferries are generally considered transit, and this bill uses the statutory term “water-borne transit” to ensure that tourist ferries continue to be excluded from funding eligibility.
State Transit Assistance provision removed. The prior version of this bill established an artificially high population in statute for TRPA, on which the State Transit Assistance (STA) funding formula would be based beginning in 2015-16. Since the STA formula is based on population and operating revenues, this provision would have enabled TRPA to obtain a larger share of STA funds. This bill was amended in the Appropriations Committee to remove the STA provisions.
FISCAL EFFECT: Appropriation: Yes Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee, no direct state costs, potential cost pressures to the extent that cap-and-trade funds are used for water-borne transit, rather than other eligible transit projects. (Greenhouse Gas Reduction Fund)
Tahoe Transportation District (source)
California Tahoe Alliance
City of South Lake Tahoe
International Longshore and Warehouse Union
North Lake Tahoe Resort Association
San Francisco Water Emergency Transportation Authority
Tahoe City Public Utility District
Tahoe Resource Conservation District
Truckee North Tahoe Transportation Management Association
OPPOSITION: (Verified 5/27/15)
None received
ARGUMENTS IN SUPPORT: The Tahoe Transportation District, the source of the bill, states that “current state and federal transportation funding resources do not recognize the unique characteristics of the Lake Tahoe region.” This bill would “qualify or provide necessary funding assistance to the Tahoe Regional Planning Agency and Tahoe Transportation District to meet Tahoe Regional Plan and Sustainable Communities Strategy objectives.”
Prepared by: Erin Riches / T. & H. / (916) 651-4121
6/2/15 22:01:03
SB 231 (Gaines) Page 3 of 3
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 231 (Gaines) - Transportation programs
|
|
Version: April 20, 2015 |
Policy Vote: T. & H. 11 - 0 |
Urgency: No |
Mandate: No |
Hearing Date: May 28, 2015 |
Consultant: Mark McKenzie |
SUSPENSE FILE. AS AMENDED.
Bill Summary:
SB 231 would explicitly make water-borne transit programs and projects eligible for funding under two specified cap-and-trade programs, and would revise the State Transit Assistance formulas to increase funding allocations to the Tahoe Regional Planning Agency (TRPA) at the expense of the state share of funds.
Fiscal Impact (as approved on May 28, 2015):
No direct state costs, potential cost pressures to the extent that cap-and-trade funds are used for water-borne transit, rather than other eligible transit projects. (Greenhouse Gas Reduction Fund)
Background:
Existing law establishes the Affordable Housing and Sustainable Communities Program (AHSC) under the Strategic Growth Council. This program provides competitive grants to local agencies for projects to reduce greenhouse gas emissions through land use, housing, transportation, and agricultural land preservation. Eligible projects include infill housing development, transit projects to support ridership (including transit and transit stations), and active transportation projects. Qualifying transit includes various forms of rail service, bus service, and “flexible transit” (vanpools and shuttle bus feeder systems). Existing law continuously appropriates 20% of cap-and-trade funds to AHSC beginning in 2015-16.
Existing law also establishes the Low Carbon Transit Operations Program (LCTOP) under the California State Transportation Agency. This program is administered by the Department of Transportation (Caltrans) and provides operating and capital assistance to transit agencies to reduce greenhouse gas emissions and improve mobility, with a priority on serving disadvantaged communities. Funds are distributed on a formulaic basis to local agencies, rather than a competitive basis. Eligible projects include expanded, new, or enhanced transit services; conversion or retrofit of transit vehicles and equipment to zero-emission; expanded intermodal transit facilities; and infrastructure to support zero-emission or plug-in hybrid vehicles. Existing law continuously appropriates 5% of cap-and-trade funds to LCTOP beginning in 2015-16.
The State Transit Assistance program (STA) provides funding for local transit operations and capital improvements, and state entities for transportation planning, mass transportation, intercity rail programs, and transit improvement projects. This program is funded by diesel sales tax revenues, which are deposited into the Public Transportation Account, with a portion of the funds allocated to local recipients (primarily transit operators) through a statutory formula based on population and operating revenues.
Proposed Law:
SB 231 would specify that water-borne transit capital projects and programs are eligible for AHSC funding, and authorize transit operating or capital assistance expenditures for new or expanded water-borne transit are eligible for LCTOP funding. In addition, the bill deems the population of the area under TRPAs jurisdiction to be 145,000 for purposes of STA funding formulas, and specifies that the additional allocations to TRPA come from specified state Public Transportation Account revenues.
Staff Comments:
The Tahoe Basin has a resident population of approximately 55,000, but the area’s transportation system must accommodate up to 350,000 visitors on a “peak” day due to its popularity as a recreation destination and its proximity to major urban areas. This bill establishes a TRPA population of 145,000, which the Tahoe Transportation District (within TRPA) determined based on annualized visitor travel to the region. The higher population level specified in SB 231 is intended to provide additional transit funding for TRPA, considering the annualized visitor travel. This bill also makes water-borne transit systems explicitly eligible for AHSC competitive grants and expenditures of LCTOP funds by local transit entities, which is intended to provide a funding option for the Tahoe Transportation District’s north-south ferry project.
While the resident population of TRPA is about 55,000, the methodology that the State Controller uses to calculate statutorily-created transportation planning entity shares of STA funds established TRPA’s population at 98,733 in 2014-15. The Controller’s 2015-16 STA Allocation Estimate indicates that TRPA is expected to receive an allocation of $499,327 in the coming year. Under SB 231, TRPA’s allocation will increase by approximately $233,100 to $732,431. The bill requires the additional allocation to come from the state share of STA revenues which would otherwise be used to fund state transportation planning, mass transportation, intercity rail programs, and transit improvement projects. The fiscal impact of the bill is technically a shift of the state share of revenues to the TRPA, which leaves the potential for additional expenditures of State Highway Account revenues to make up for the lost PTA funds.
Staff notes that making water-borne transit projects and programs explicitly eligible for AHSC and LCTOP funding would not result in additional expenditures, but could create cost pressures to the extent those programs and projects would not have otherwise received an allocation absent the bill. Even if using these funds for water transit projects is not explicitly authorized under the letter of the law, it could be argued that these expenditures follow the spirit of the law in that they would meet the objectives of reducing air pollution, improving connectivity, and increasing transit ridership. In addition, water-borne transit projects would also need to meet all other requirements of the respective programs to be eligible for funding. For the AHSC, water transit projects would also have to compete for funding with other transit projects. For the LCTOP, water transit projects could be funded from the amount allocated by formula to the local entity, but it would have to compete with other local priorities. Staff notes that the guidelines for the LCTOP currently authorize the expenditure of funds by eligible recipients who operate ferry services for support of new or expanded ferry services, but the AHSC guidelines do not reference ferries or water transit.
Committee amendments (as adopted on May 28, 2015): Committee amendments would delete Section 3 from the bill, pertaining to augmented funding for TRPA.
-- END --
SB 231 (Gaines) Page 3 of 3
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 231 (Gaines) - Transportation programs
|
|
Version: April 20, 2015 |
Policy Vote: T. & H. 11 - 0 |
Urgency: No |
Mandate: No |
Hearing Date: May 18, 2015 |
Consultant: Mark McKenzie |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
SB 231 would explicitly make water-borne transit programs and projects eligible for funding under two specified cap-and-trade programs, and would revise the State Transit Assistance formulas to increase funding allocations to the Tahoe Regional Planning Agency (TRPA) at the expense of the state share of funds.
Fiscal Impact:
Additional allocation of approximately $233,000 in Public Transportation Account (PTA) funds to TRPA, representing a redirection of diesel fuel tax revenues from the state share of PTA funds to TRPA.
No direct state costs, potential cost pressures to the extent that cap-and-trade funds are used for water-borne transit, rather than other eligible transit projects. (Greenhouse Gas Reduction Fund)
Background:
Existing law establishes the Affordable Housing and Sustainable Communities Program (AHSC) under the Strategic Growth Council. This program provides competitive grants to local agencies for projects to reduce greenhouse gas emissions through land use, housing, transportation, and agricultural land preservation. Eligible projects include infill housing development, transit projects to support ridership (including transit and transit stations), and active transportation projects. Qualifying transit includes various forms of rail service, bus service, and “flexible transit” (vanpools and shuttle bus feeder systems). Existing law continuously appropriates 20% of cap-and-trade funds to AHSC beginning in 2015-16.
Existing law also establishes the Low Carbon Transit Operations Program (LCTOP) under the California State Transportation Agency. This program is administered by the Department of Transportation (Caltrans) and provides operating and capital assistance to transit agencies to reduce greenhouse gas emissions and improve mobility, with a priority on serving disadvantaged communities. Funds are distributed on a formulaic basis to local agencies, rather than a competitive basis. Eligible projects include expanded, new, or enhanced transit services; conversion or retrofit of transit vehicles and equipment to zero-emission; expanded intermodal transit facilities; and infrastructure to support zero-emission or plug-in hybrid vehicles. Existing law continuously appropriates 5% of cap-and-trade funds to LCTOP beginning in 2015-16.
The State Transit Assistance program (STA) provides funding for local transit operations and capital improvements, and state entities for transportation planning, mass transportation, intercity rail programs, and transit improvement projects. This program is funded by diesel sales tax revenues, which are deposited into the Public Transportation Account, with a portion of the funds allocated to local recipients (primarily transit operators) through a statutory formula based on population and operating revenues.
Proposed Law:
SB 231 would specify that water-borne transit capital projects and programs are eligible for AHSC funding, and authorize transit operating or capital assistance expenditures for new or expanded water-borne transit are eligible for LCTOP funding. In addition, the bill deems the population of the area under TRPAs jurisdiction to be 145,000 for purposes of STA funding formulas, and specifies that the additional allocations to TRPA would be from the state portion of Public Transportation Account revenues.
Staff Comments:
The Tahoe Basin has a resident population of approximately 55,000, but the area’s transportation system must accommodate up to 350,000 visitors on a “peak” day due to its popularity as a recreation destination and its proximity to major urban areas. This bill establishes a TRPA population of 145,000, which the Tahoe Transportation District (within TRPA) determined based on annualized visitor travel to the region. The higher population level specified in SB 231 is intended to provide additional transit funding for TRPA, considering the annualized visitor travel. This bill also makes water-borne transit systems explicitly eligible for AHSC competitive grants and expenditures of LCTOP funds by local transit entities, which is intended to provide a funding option for the Tahoe Transportation District’s north-south ferry project.
While the resident population of TRPA is about 55,000, the methodology that the State Controller uses to calculate statutorily-created transportation planning entity shares of STA funds established TRPA’s population at 98,733 in 2014-15. The Controller’s 2015-16 STA Allocation Estimate indicates that TRPA is expected to receive an allocation of $499,327 in the coming year. Under SB 231, TRPA’s allocation will increase by approximately $233,100 to $732,431. The bill requires the additional allocation to come from the state share of STA revenues which would otherwise be used to fund state transportation planning, mass transportation, intercity rail programs, and transit improvement projects. The fiscal impact of the bill is technically a shift of the state share of revenues to the TRPA, which leaves the potential for additional expenditures of State Highway Account revenues to make up for the lost PTA funds on the state side of STA allocations.
Staff notes that making water-borne transit projects and programs explicitly eligible for AHSC and LCTOP funding would not result in additional expenditures, but could create cost pressures to the extent those programs and projects would not have otherwise received an allocation absent the bill. Even if using these funds for water transit projects is not explicitly authorized under the letter of the law, it could be argued that these expenditures follow the spirit of the law in that they would meet the objectives of reducing air pollution, improving connectivity, and increasing transit ridership. In addition, water-borne transit projects would also need to meet all other requirements of the respective programs to be eligible for funding. For the AHSC, water transit projects would also have to compete for funding with other transit projects. For the LCTOP, water transit projects could be funded from the amount allocated by formula to the local entity, but it would have to compete with other local priorities. Staff notes that the guidelines for the LCTOP currently authorize the expenditure of funds by eligible recipients who operate ferry services for support of new or expanded ferry services, but the AHSC guidelines do not reference ferries or water transit.
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SB 231 (Gaines) Page 3 of 3
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: SB 231 Hearing Date: 4/28/2015
Author: |
Gaines |
||
Version: |
4/20/2015 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Erin Riches |
||
SUBJECT: Transportation funding: ferries
DIGEST: This bill clarifies that ferries are eligible for funding under the Affordable Housing and Sustainable Communities Program and the Low Carbon Transit Operations Program and revises the State Transit Assistance formula to increase funding to the Tahoe Regional Planning Agency.
ANALYSIS:
The 2014-15 budget agreement established the Affordable Housing and Sustainable Communities Program (AHSC) under the Strategic Growth Council. This program provides grants to local agencies for projects to reduce greenhouse gas emissions through land use, housing, transportation, and agricultural land preservation. Eligible projects include infill housing development, transit projects to support ridership, and active transportation projects. The 2014-15 budget agreement provides for a continuous appropriation of 20% of cap-and-trade funds to AHSC beginning in 2015-16.
The 2014-15 budget agreement also established the Low Carbon Transit Operations Program (LCTOP) under the California State Transportation Agency. This program provides operating and capital assistance to transit agencies to reduce greenhouse gas emissions and improve mobility. Eligible projects include expanded, new, or enhanced transit services; conversion or retrofit of transit vehicles and equipment to zero-emission; expanded intermodal transit facilities; and infrastructure to support zero-emission or plug-in hybrid vehicles. The 2014-15 budget agreement provides for a continuous appropriation of 5% of cap-and-trade funds to LCTOP beginning in 2015-16.
The State Transit Assistance program (STA) provides funding for local transit operations and capital improvements. This program is funded by diesel sales tax revenues, which are deposited into the Public Transportation Account and allocated to local recipients (primarily transit operators) through a statutory formula based on population and operating revenues.
This bill:
Makes commuter ferries eligible for funding under AHSC and LCTOP.
Establishes a population in statute for the Tahoe Regional Planning Agency (TRPA), on which the STA funding formula will be based beginning in 2015-16. Requires the Controller to make any additional allocations to TRPA, as required by the formula, solely from the state portion of revenues in the Public Transportation Account.
COMMENTS:
Purpose. The author states that although the Tahoe Basin has a resident population of approximately 55,000, the area’s transportation system must accommodate up to 350,000 visitors on a “peak” day due to its popularity as a recreation destination and its proximity to major urban areas. Although Tahoe is classified as a rural area, it needs an urban level of transportation infrastructure to adequately serve its visitors and residents. This bill establishes a TRPA population of 145,000, which the Tahoe Transportation District, the sponsor of this bill, determined based on annualized visitor travel to the region. The higher population level will help TRPA obtain needed additional transit funding. This bill also expressly makes ferry transit systems throughout the state eligible for AHSC and LCTOP, which could help fund the Tahoe Transportation District’s north-south ferry project.
Expansion of AHSC and LCTOP? While ferries are not specifically listed in the LCTOP authorizing statute, they are mentioned multiple times in the program guidelines. The AHSC guidelines do not reference ferries and focus primarily on transit stations; ferry eligibility would likely be limited to ferry terminals. In both cases, this bill does not appropriate any funds to ferries, but makes ferry projects eligible for these programs. Commuter ferries are generally considered transit, and this bill uses the statutory term “water-borne transit” to ensure that tourist ferries continue to be excluded from funding eligibility.
Winners and losers? The STA provision of this bill specifically requires that any additional revenues allocated to TRPA based on the revised population shall come from the state portion of the Public Transportation Account rather than the local portion. The author and sponsor state that this requirement is intended to ensure that no local transit operators are negatively impacted by an increase in funds to TRPA. The state portion of Public Transportation Account funds goes primarily to state planning efforts and the Intercity Rail Program. Note, however, that by revising the STA formula to increase funding to TRPA, this bill effectively also increases LCTOP funding to TRPA, since LCTOP funding is based on the STA formula.
Opposition. The California Association for Coordinated Transportation, writing in opposition to this bill, states that “There are many operators that experience significant population increases on a daily or weekly basis due to job centers or tourism demands. SB 231 would select one agency to receive a bump in transit operating funds without taking into consideration the needs of other operators. This would set a dangerous precedent, which would force all transit operators to seek similar dispensation.” The committee may wish to consider the policy merits of making an exception for one agency in a statewide formula.
FISCAL EFFECT: Appropriation: Yes Fiscal Com.: Yes Local: No
POSITIONS: (Communicated to the committee before noon on Wednesday,
April 22, 2015.)
SUPPORT:
Tahoe Transportation District (sponsor)
California Tahoe Alliance
City of South Lake Tahoe
International Longshore and Warehouse Union
North Lake Tahoe Resort Association
San Francisco Water Emergency Transportation Authority
Tahoe City Public Utility District
Tahoe Resource Conservation District
OPPOSITION:
California Association for Coordinated Transportation
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Discussed in Hearing
2MIN
Senate Floor
9MIN
Senate Standing Committee on Transportation and Housing
Bill Author
Bill Co-Author(s):