HomeMy WebLinkAboutAGENDA - 08142007 - C.27 TO: Board of Supervisors
c . z
Contra
FROM: Transportation,.Water and Infrastructure Committee ;,'J= ' ►- :`;
(Supervisor Gayle B. Uilkema, Chair) °` "' "- ; r Costa .
DATE: AUGUST 13, 2007 °T°'^ County
SUBJECT: ADOPT A POSITION OF "SUPPORT IF AMENDED" FOR SB 9 REGARDING PROPOSITION
1B TRADE CORRIDOR FUNDING
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND.JUSTIFICATION
RECOMMENDATIONS
ADOPT a position of"support if amended"for SB 9 and AUTHORIZE the Chair to sign a letter
to legislators requesting an amendment to ensure there is consultation with affected local
jurisdictions before grants are awarded from the Proposition 1 B Trade Corridor program.
FISCAL IMPACT
NONE. ^
BACKGROUND/REASONS FOR RECOMMENDATIONS
The $19.9 billion Proposition 1 B approved by voters in November 2006 includes a $2 billion
program known as the Trade Corridors Improvement Fund. This program would provide funds
on a competitive basis to projects that improve the freight transportation system in California.As
with the other funding programs in Proposition 1 B, legislation has been introduced to develop
criteria and guidelines for how projects will be selected for funding.
CONTINUED ON ATTACHMENT: X YES
RECOMMENDATION OF COUNTY ADMINISTRATOR X RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER n
SIGNATURES Supervisor Gayle B. Uilkema u ervisor Federal D. Glover
ACTION OF BOARD ON ' / Qa APPROVED AS RECOMMENDED SOT R
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
Y UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE
ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE
SHOWN.
Contact: John Greitzer/ (925/335-1201)
cc: Community Development Department (CDD) ATTESTEDl
J. Bueren, PWD JOHN LLEN, CLERK OF
M. Watts, California Strategies THE BOARD OF SUPERVISORS
ND COUNTY ADMINISTRATOR
B EPUTY
G:\Transportation\TWIC\2007\Packet Information\August\TW IC Board Order SB 9 Amend .doc
SB 9 AMENDMENT
AUGUST 13, 2007
Page 2
BACKGROUND/REASONS FOR RECOMMENDATIONS (Continued)
SB 9, introduced by Senator Alan Lowenthal (D-Los Angeles), has passed the Senate and is in
the Assembly Appropriations Committee. It is expected to pass, possibly with some
amendments. The Transportation, Water and Infrastructure Committee on August 13 reviewed
the bill and recommends the Board of Supervisors seek an amendment that would ensure there
is local consultation and support for a freight project before it is selected for funding.
Major freight improvements projects typically are not sponsored by local jurisdictions. Freight
improvement proposals usually are generated by a port, a regional transportation agency, or
other non-local entity. On occasion, such proposals are made by these entities without
informing the local jurisdiction(s) in which the project would be located. This is more likely to
happen with railroad projects than with highway-related freight projects, since highway projects
usually involve interaction between Caltrans and local jurisdictions.
In one recent case, a project to expand the Union Pacific Railroad corridor through West County
began to appear on Metropolitan Transportation Commission project lists in 2006,even though
no one had consulted with the County on the concept. Such an expansion, as originally
proposed, .would have had significant impacts on North Richmond, Rodeo and other
communities through which the railroad passes.Although Union Pacific evidently is not pursuing
that project, it still appears in some MTC rail planning documents.
To ensure this type of situation does not recur, the Transportation, Water and Infrastructure
Committee believes SB 9 should include a provision that would ensure there is consultation with
the affected local jurisdictions, and support from those jurisdictions, before any freight projects
are selected for funding.The County has asked the.Metropolitan Transportation Commission to
add local consultation to MTC's own guidelines for project nominations within the Bay Area.'
This same consideration should be added to SB 9, so local consultation and support will be part
of the guidelines used by the California Transportation Commission for the entire statewide
program.
Aside from the local consultation issue which is lacking in SB 9, the bill contains several .
provisions that will help safeguard local communities from undue impacts. The draft letter
commends Senator Lowenthal for including these provisions. The Transportation, Water and
Infrastructure Committee recommends a position of "support if amended".
Exhibit A is the draft letter recommended by the Committee for the Chair's signature. The letter
explains the Board's position and asks the author to make the amendment.
Exhibit B contains the full text of SB 9.
EXHIBIT A
The Board of Supervisors Contra John ellen
Costa Clerk of the Board
County Administration Building and
651 Pine.Street,Room 106 County Administrator
Martinez,California 94553 County (925)335-1900
John Gioia, I"District
Gayle B.Uilkema,2nd District
Mary N:Piepho,3`d District :—s
Susan A.Bonilla,4"District
Federal D.Glover,5"District ;f
'•.,., sur?
August 14, 2007
The Honorable Alan Lowenthal
Senator, 27th District
State Capitol, Room 2032
Sacramento, CA 95814
RE: SB 9: Support if amended
Dear Senator Lowenthal:
The Contra Costa County Board of Supervisors has adopted a position of "support if
amended" on your bill, SB 9. The amendment we seek will make this good bill even
better by ensuring there is local consultation before freight projects are forwarded for
funding from the Proposition 1 B Trade Corridor Improvement Fund.
SB 9 provides a process and guidelines for allocating the $2 billion Trade Corridor
Fund. The Board believes the bill contains many beneficial provisions, such as requiring
freight improvement projects to provide additional benefits such as lowering emissions,
providing for grade separations or other items that would assist the affected
communities.
However, there is one thing we believe must be added to the bill -- a requirement that
there is consultation with, and'support from, the affected local jurisdiction(s) in order for
a freight project to be eligible for funding.
Unlike typical transportation projects such as road improvements and bikeways, freight
improvements often are not sponsored by the local jurisdiction in which the project is
located. Major freight projects tend to be sponsored by ports, regional agencies, freight
transporters,. or other non-local entities. There have been cases when freight
improvements — particularly railroad expansions — have been proposed for locations in
Contra Costa County, without consulting with us about the project. Since freight
expansion could have profound impacts on local communities, it is important that the
local jurisdiction be consulted before a freight improvement project moves forward into
the funding process.
An amendment to the bill is suggested for Section 8879.43, item (d) which lists all of the
proposed criteria for a project to be eligible for funding. We ask that one more criterion
be added, as follows:
SB 9: Support if amended Letter
August 14, 2007
Page 2of2
(4) Theproject has been discussed with the affected local jurisdictions and is supported
by those jurisdictions.
Such an amendment would help ensure that freight expansion projects are accepted by
the local communities and are compatible with local goals and needs.
Cordially,
Mary N. Piepho
Chair, Board of Supervisors
MNP/JG
cc: Senator Tom Torlakson
Assembly Member Mark Leno,Appropriations Committee Chair
Assembly Member Mark DeSaulnier
Assembly Member Loni Hancock
Assembly Member Guy Houston
Members, Contra Costa Board of Supervisors.
John Cullen, County Administrator
Dennis M. Barry, Community Development Director
Jim Kennedy, Deputy Director--Redevelopment
Maurice M. Shiu, Public Works Director
Mark Watts, California Strategies
EXHIBIT Ba7
I
AMENDED IN ASSEMBLY JULY 19, 2007
AMENDED IN ASSEMBLY JULY 16, 2007
AMENDED IN SENATE'JUNE 4, 2007
AMENDED IN SENATE APRIL 10, 2007
i
SENATE BILL No. 9
Introduced by Senator',Lowenthal
December 4, 2006
I
An aet to amend Seetion 897'." 4161 %_J
An act to acici Chapter 12.491 (commencing with Section 8879.40) to
Division I of'Title 2 oj'the Government Code, relating to transportation.
LEGISLATIVE COUNSEL'S!DIGEST
SB 9, as amended, Lowenthal.. Trade corridor improvement:
transportation project selection.
Existing law, the Highway Safety, Traffic Reduction, Air Quality,
and Port Security Bond Act of 2006,authorizes the issuance of$19.925
billion of state general obligation bonds for specified purposes,including
high-priority transportation corridor improvements.
The act requires $2 billion of those bond funds to be transferred to
the Trade Corridors Improvement Fund,which is established under the
act. The money in the fund is required to be available, upon
appropriation in the annual Budget Act by the Legislature,and subject
to such conditions and criteria as the Legislature may provide by statute,
for allocation by the California Transportation Commission for
infrastructure improvements along federally designated"Trade Corridors
of National Significance" in this state or along.other corridors within
this state that have a high volume of freight movement, as determined
by the commission.
95
i
I
i
i
it
I
,II
II .
it
I
SB 9 2—
This bill would -rom the Rade
Iransportati !ie
plan.The bill would requime th,..........stoft-to alloeate fttnds for trade
inffastmettire improvement, ....L.L.er that plaees emphasis on
ttd
neneits-and jurild;lt-si�Rvj- dnd R1.1111 IR -he bill would
MILL
these ,
to eonside
assoeiated with their projeets to be fidnded,as speeified.The bill would
establish a process administered by the California Transportation
Cotmntssion for allocation of these fvnds� The.bill would designate 4
trade corridors eligible to receive f7rndi>zg. The bill would establish
criteria,for•p7ojectselectionbasedon improvement6fn7obilio offieight
and improvement of air quality, as specified, and would require a
proposed project to be included in a corridor plan developed by affected
agencies specified in the bill. The bill would require projects to be ready
for construction by June 30, 2013. The bill would require the
commission to adopt guidelines for the allocation of these funds by
April 1, 2008, would require an annual report to the Legislature and
Governor beginning on dar7uary 1, 2009, and would enact other related
provisions,
Vote: majority. Appropriation: no..Fiscal committee: yes.
State-mandated local program: no.
I
The people oj'the State oj•California Flo enact as follows:
i
1 SECTION 1. The Legislature finds and declares all of the
2 following:
3 (a) The state has experienced tremendous growth in
4 international trade, which is expected tocontinue in the foreseeable
5 juture. I
6 (b) Goods movement contributes substantially to the economic
7 prosperity of the state.
I
I
95
I
i
I
I
I
!II
'I
it
�. 2
—3— { SB9
1 (c) The economic benefits of trade are threatened by congestion,
2 constrained capacity, and enviromi'rental and community impacts
3 that have degraded the health and quality of life of Californians.
4 (d) The growth in international trade has created a public health
5 crisis in communities located nearports and along trade corridors.
6 (e) It is the intent of the Legislature that projects selected .
7 pursuant to this act contribute to '�a transportation system that
8 supports the movement of freight in a manner that reduces the
9 environmental, public health, and!community impacts of trade
10 activity.
1 1 (fl The transportation and envird.nmental challenges posed by
12 the movement gfgoods vary in each!of the four trade corridors in
13 the state. It is the intent of the Legislature to allocate fiords in a
14 manner that is sensitive to the unique transportation and air.quality
15 needs of each corridor:
16 (g) It is the intent of the Legislature to foster regional
17 collaboration to address the mobility and environmental challenges
18 in each of the four trade corridors identified by this act.
19 SEC. 2. Chapter 12.491 (commencing with Section 8879.40)
20 is added to Division 1 of Title 2 of the Government Code, to read:
21
22 CKAPTER 12.491.. .TRADE CORRIDOR IMPROVEMFNTS
23
24 8879.40. As used in this chapter, the following terms have the
25 following meanings: j
26 (a) "Commission" means the Calornia Transportation
27. Commission.
28 (b) "Corridor plan"means the plan prepared by each corridor
29 planning agency pursuant to Section 8879.44 that is required to
30 be submitted to the commission.
31 (c) "Eligible projects" are those .projects enumerated in
32 subparagraph (A) of paragraph (1) of subdivision (c) of Section
33 8879.23, subject to the conditions of this chapter:
34 (d) "Fund" means the Trade Corridors Improvement Fund
35 created pursuant to subparagraph (A) of paragraph (1) of
36 subdivision (c) of Section 8879.23.
37 (e) "Recipient" means an entity to which the commission
38 allocates funds frorn the fund for an eligible project.
39 "Trade corridors"refers to the following,four corridors:
i
95
i
i
i
I
�I
i
'I
i
SB9 —4-
1 (1) The corridor commencing at the Port of Oakland and
2 extending through Donner Pass to the California-Nevada state
3 line.
4 (2) The corridor commencing at the Port of Oakland and
5 extending to the San Joaquin Valley, and including the Tehachapi
6 Pass.
7 (3) The corridor commencing at{the Ports of Los Angeles and
8 Long Beach and extending throug�i Los Angeles, Orange, San
9 Bernardino and Riverside Counties to the California-Nevada state
10 line.
11 (4) The corridor commencing at the Port of San Diego and the
12 land ports of entry at the California-Mexico border and extending
13 . to the Orange County and Riverside County lines.
14 8879.43. (a) The commission shall select eligible projects that
15 improve the mobility of freight and ieduce exposure to emissions
16 of diesel particulate matter and asides of nitrogen.
17 (b) The commission shall collaborate with the State Air
18 Resources Board to develop a methodology for assessing the air
19 quality impacts of eligible.projects for which funding is applied
20 under this chapter.
21 (c) The commission shall allocate moneys from the fund to
22 eligible projects that have identified and committed supplemental
23 funding from local, state,federal, and private sources, including
24 fees charged,for the movement of containerized cargo. Except for
25 border access improvements with committed federal funding and
26 grade separation projects, projects funded with moneys from the
27 fund shall have supplemental fmding,that is at least equal to the
28 contribution from the fund.
29 (d) To be eligible for fitnding, a p%eject shall meet all of the
30 following conditions:
31 (1) Facilities subject to inclusion in a regional transportation
32 plan are included in a conforming regional transportation plan
33 at the time an application for funding is made to the commission.
34 (2) The project is included in a corridor plan developed in
35 accordance with Section 8879.44.
36 (3) The project, with funds from thel.fund, will be.fully fiunded
37 and reach for construction by June.30,j2013.
38 (e) The commission shall use thefollowingcriteriaforselecting
.
39 . eligible projects within each trade corridor:
i
95
I�
�I
-5— SB 9.
1 (1) The extent to which a proposed project reduces emissions
2 of diesel particulate matter; oxides of nitrogen, sulfur oxides,
3 reactive organic gases, and carbon dioxide.
4 (2) The extent to which a proposed project achieves or makes
5 progress towards the achievement of performance objectives
6 established in the corridor plan in a:)hick the proposed prgject has
7 been incorporated.
8 (3) The durability of mobility anal emission reduction benefits.
9 (4) The cost-effectiveness of mobility and einission reduction
10 benefits relative to moneys received'from the fond.
11 (5) The extent to which the proposed project utilizes new or
12 emerging technology to support the movement of freight in a
13 manner that is less polluting than cgnventional modes.
14 (6) The extent to which the proposed project reduces the impacts
15 of goods movement on passenger traffic in local communities.
16 (f) W17en evalatatirrg eligiblepr-ojeclsforJunding, the commission
17 shall compare the relative merits of each project with other projects
18 situated in the same trade corridor.
19 (g) The commission shall prioritize eligible projects that
20 simultaneously demonstrate mobility and emission reduction
21 benefits.
22 (h) The following additional conditions shall apply to
23 capacity-expanding rail infrastructure projects.
24 (1) The commission shall ensure'i that rail projects provide
25 additional public benefits in excess of the requirement for
26 supplemental ji+nding. In doing so, the commission shall place
27 conditions on funding for rail infrastructure projects that may
28 include, but are not limited to, the,following requirements:
29 (A) All diesel powered switcher acid helper locomotives using
30 the facility shall be 90 percent controlled beyond Tier 2 standards
31 for emissions of diesel particulate matter and oxides of nitrogen
32 by 2011, and use 15-minute idle restii ictors and ultralow sulfur
33 diesel fuels.
34 (B) The fleet average of all long-hlaul locomotives using the
35 facility shall be 90 percent controlled beyond Tier 2 standards for
36 ernissions of diesel particulate matter- and azides of nitrogen
37 beginning in 2012 and.fully implemented by 2014, and use
38 15-minute idle restrictors and ultralow,sulfur fitels.
39 (C) Provide funding for or otherwise construct, as determined
40 by the commission, grade separation projects at locations within
95
l
l
I
I
I
i
til `
i
I
I
SB9 —6—
I
l the same trade corridor as the rail infrastructure project, as
2 determined by the commission.
3 (D) Allow for increased use of or control over the railroad by
4 passenger rail service.
5 (2) The commission shall establish these conditions in
6 coordination with the appropriate agencies located in the same
7 trade corridor as the rail infrastructure project.
8 (3) The commission may increase the required level of
9 supplemental finding for rail infrastructure projects.
10 (i) Fifty million dollars ($50,000,000) shall be available for
1 1 projects in any part of the ,state that meet the conditions and
12 criteria of this chapter; as determined by the commission.
13 (j) Funds allocated pursuant to this chapter may only be used.
14 for the costs of construction.
15 8879.44. (a) To be eligiblefor•fiui7dingpursuant to this chapter;
16 an eligible project must be included'in a corridor plan developed
17 by affected agencies that articulates'infrastructure improvements
18 for-the corridor.Agencies involved iii the development of'plans in
19 each corridor shall include, but not be limited to, the following:
20 (1) Corridor-commencing at the Port of Oakland and extending .
21 through Donner Pass to the California-Nevada state line:
22 (A) Bay Area Air Quality Management District.
23 (B) Department of Transportation.
24 (C) Metropolitan Transportation Conm7ission.
25 (D) Port of Oakland. it
26 (E) Port of Sacramento.
27 ("F) Sacramento Area Council of Governments.
28 (2) Corridor commencing at the Port of Oakland and extending
29 to the San Joaquin Valley: II
30 (A) Bay Area Air Quality Management District.
31 (B) Department of Transportation.
32 (C) Metropolitan Transportation Con7n7ission.
33 (D) Port of Stockton.
34 (E) San Joaquin Council of Governments.
35 (F) San Joaquin Valley Air Pollutioi7 Control District.
36 (3) Corridor commencing at the Por,is of Los Angeles and Long
37 Beach and extending through the Counties of Los Angeles, Orange,
38 San Bernardino, and Riverside:
39 (A) Alameda Corridor Transportation Authority.
40 (B) Alameda Corridor East Construction Authority.
i
• I
I ,
95
i
I
�I
I
i
i
I
'I
�I
—7— SB 9
1 (C) Department of Transportation.
2 (D) Los Angeles County Metropolitan Transportation Authority.
3 (E) Orange County Transportation Authority.
4 (F) Port of Long Beach.
5 (G) Port of Los Angeles.
6 (H) Riverside County Transportation Commission.
7 (I) San Bernardino Association of Governments.
8 (J) South Coast Air Quality Management District.
9 (4) Corridor commencing at the Port of San Diego and land
10 ports of'entry and extending to the Orange County.and Riverside
1 1 County lines:
12 (4) Department of Transportation.
13 (B) Imperial Valley Association of Governments.
14 (C) Port o/'San Diego.
15 (D) San Diego Association of Governments.
16 (E) San Diego County Air Pollution Control District.
17 (b) The commission inay, at its discretion, require that specific
18 agencies or organizations be included in the planning group
19 developing the corridor plan.
20 (c) Corridor plans shall include, but not be limited to, the
21 following elements:
22 (1) A description of the flow of;trade through the corridor,
23 including the modes used and the specific railroads and highways
24 considered to be part of the corridor:
25 (2) The enumeration of not more Ithan four specific objectives_
26 for enhancing system performance. Enhancingsystem performance
27 means improving the mobility ofgoods through the corridor and
28 reducing the community and environmental impacts of goods
29 movement. The performance standards established therein shall
30 be, or include, quantifiable measures and take into consideration
31 current demand for the system and projected trade and population
32 growth.
33. (3) A discussion of the constraintsor problems that prevent the
34 achievement of these objectives or standards, disrupting the flow
35 of trade and impacting communities along the corridor.
36 (4) A description of the it fastructr.ire projects needed to achieve
37 the performance standards established by the plan, including a
38 discussion of the specific objective or objectives the project is
39 intended to achieve.
I
i
95
I
li
i
I
i
i
I
SB 9 —8-
1 8879.45. (a) Agencies applying for funds under this chapter
2 shall submit with their proposals for funding a plan to mitigate
3 the emissions associated with the corTstruction and operation of
4 the project. Mitigation plans may include, but not be limited to,
5 the replacement or retrofit of• heavy-duty diesel trucks or
6 construction equipment, the replacei?ient or retrofit of locomotives,
7 or the use of ultralow sulfisr firel in'ilocomotives.
8 (b) Recipients shall prepare and submit, on an annual basis
9 and in a manner determined by the commission, a report that
10 describes the status of projects, including the achievement of
11 project milestones and performance objectives on which the
12 allocation for finding was made. Recipients shall also provide to
13 the commission estimates of emission reductions made in
14 conjunction with updates to the regional transportation plan in
15 which the project has been included
16 8879.46. (a) On or bcjore April 1, 2008, the commission, in
17 a duly noticed public ineeting, shall adopt guidelines and finding
18 criteria,for the allocation offends consistent with the requirements
19 of this chapter.
20 (b) At least 60 days prior to adoption, the commission shall
21 make the proposed guidelines available for- public review and
22 comment at noticed public meetings. in each of the primary trade
23 regions in the state, on its Web ''site, and through all other
24 reasonably available means.
25 (c) Guidelines adopted pursuant�to this section shall include,
26 but not be limited to, all of the folloiving:
27 (1) The process the commission will use to select eligible
28 projects,for funding pursuant to thisi chapter.
29 (2) Project monitoring and accountability requirements to
30 ensure that the expenditure oj' .finds by recipients meets
31 quantifiable mobility and emission reduction objectives in a timely
32 manner.
33 (3) Requirements for agreementsexecuted by the commission
34 with recipients related to the;: identification of project
35 implementation milestones and project completion that ensure that
36 if a recipient fails to accomplish project milestones within a
37. spec fed time period the commission may modify or terminate
38 the agreement and seek other remedies as it deems necessary.
39 (4) Standards for the development and submission of corridor
40 plans.
I
95
i
i
I
^ II
' C�7
—9— SB 9
i
1 (5) Annual reporting requirements regarding the status of
2 eligible projects, including, but not.limited to, the achievement of
3 project milestones and performance outcomes.
4 • 8879.47. On or before January 1, 2009, and annually
5 thereafter, the commission shall prepare and submit to the
6 appropriate policy and fiscal comrrrittees of the Legislature and
7 to the Governor, a report that summarizes its activities related to
8 the administration of the program.I The report shall include, at a
9 minimum, a description of the pr oje'cts funded by the program, the
10 amount of:fiands allocated to each Eligible project, and the status
11 of each project including the extent to which the project is
12 achieving the performance standards for which it received funding.
13 SLGTIQA4--1. Seet-ion vinof the—Government-Eed� is
14 amended to rez&47,
15 ,
16 and Port Seettrity Fund of 2006 is hereby ereated i t ILIL� SLIUIL�
17 Treastiry. The Legislature intends'that the proeeeds of bonds
18deposited itt the fund shall be use� to fund the ,
19 r
20 —he proe�
21
22)
23
. (a) (1) Four billion. five hundred million dollars
24 (S4,590,000,090) .1-11 be deposit�d in the Gorridar Mobility
25 improvement h is herqby ereated in the fttnd. Funds
26
27 Commission, Ettion in ihe annual Buudget Bill by the
28 Legishttttfe fer�Hoe;t;on' its on highly
29
30 be used for performanee improve!pents on the state highway
31 systeitt,of i mites to the state highway systern on the
32 ,
33 rations,
34 ,
35 ,
36 .
37 , by
38
39 , and shall.alloeate funds.
40
I
I
95
I
i
i
I
I
I
i
i
P-1 Ko 7
SB9 —10— i
i
1 submitted by the Department oFT-ransportation and by regional
2
3
4 ,
5 ,
6
7 basis. The department's nominations shall be geographieally
8 ,
s assessment of a.program9 that best meets the poliey objeetive�deseribed in paragraph(1).
10
11
12
13 transportation i t plan under Seetion 1452-7 may
14 nominate projeets identified pursuant to paragraph (1) that best
15
16
17 gliall be submitted to the eommissio�for eonsideration for ftinding
18 by no later than gantiary 15, 2007. 1
19
20
21 '
22
24 imeluded in a regional tratisportat'
'
25
26 ,
27 sliall adopt an initial program of pr;5jeets to be fund'd from Owe
28
29 eenjunetion with the biennial proe�ss for adoption of the state
30 transportation' �rogram pursuant to guidelines adopted
31 by the eommissi�n.The inelusion ofa projeet in the program shall
32 be based an a demonstration that the projeet meets all of the
33 .
34
35
36 projeets by both the departmi paragraph (�)and the
37
38 ,
39 ,
i
i
95
I
i
I
�I
I
� 27
—11— j SB9
1 supplettiefital funding to the projeet firom other state, loeal,
2 federal z indg.
3 (B) Gan eortimettee eonstr lernefitatiort no later
4 thart Deeernber 2012.
5
6
7 hottrs of delay-, improves th, P-the state high
8 system between fural,suburban,and ttrb tpfoves the
9 operation or safety of a high�va�or,r�ad
10 (9) improves aeeess t� markets,an eornrneree.
11
12 ,i
13 additional benefits when i"
14 ineluded in the program r f, Triese beriefits shall ineltide,
15 btit are not limited to, the
16 (A) A finding tli#t the JJL�J�,%,L pt�,ides quantifiable air quality
17 benefits.
18 (B) A finding that the projeet stibstantially inereases the safety
19 for in the rrido_
20
21 ,
2)2 is(i)geographieally ,eortsi4efit with the geographie split
23
24 Code, (ii) provides mobility improv I-ements in highly traveled a
25 highly eongested eoffidors in all re�ions of Califomia; and (iii)
26 targets bond proeeeds ift a manner that provides the inerement o
27 fdnding neeessary,when eombined With other state,loeal or federal
28
funds, to provide the mobility be�efit in the earliest possible-
29 timeftarne. I
I
30 in its antitial report to the
31 Legislature,reqttifedby Seeiion 14535,asummaFyofitsaetivities
32 rel ated to the administration of this program.The summary should,
33
34 eamained in flie progra 1,
35 ,
36
37 (b) 9tte billion dollars shall be made available,
38 uport appropriatiott in the aftnual Boget Bill by the Legislature,
39 . Funds may
40
I
1 95
I
�i
I
i
I
i
SB 9 —12-1
I
1 eapaeity improvements nee 'ove the State Route 99
2
3 ori
4 ($3,100,909,000)
5 shall be deposited in the GaliforniA Ports inffastmettire, Seeurity,
6 and Air Quality, improvemeni Aee'ount,-whieli is hereby ereate
7 , ttpoft
8
9
10 ($2,090,000,000)shall be transfefTed
1] .
12 The money in ihis fund shall be wMilable, upon apprMiation in
13 the annual Budget Bill by, and subjeet to sueh
14 eonditions and eriteria as the Eegtslatttre may pfovide by statute,
15
16
17 Corridors of National Signifieane�" in this state or along othe
18 eofTidors wiihitt this state that have a high volume of ffeigh
1.9 . in determining
20 projeets eligible for Funding,
21 infrastruetttre and goods Movement plan submitted to th-c
22
23 . No
24 moneys shall be alloeated from this ftmd until the report is
25 , pfovided the
26
27
28 , adopted
29
30 the statewide port master plat. Ivy the Galiferitia Nlaf:ifte
31
32
(Cal NHTSAG) pufsuant to Seetio� 1760 of the Harbors and-
33 Navigation Gode,
34
35 regional tfansportation plan unless the projeet is not subjeet to
36
37 .
38 ; all of the
39
i �
I
i
95
I
I
I
I
i
i
�ly-dam
—13—; SB9
1 I'
2 improvements to more ef.fieiently�eeofnmodafe the Movement of.
3state's
4
5 , and to
6 relieve traffle eongestion along m*r trade or goods movement
7 e..__�I_iders
8 (ii) Fmight�ttil systent improvement to enhamee the ability to
9 move goods from seapo ts, land plorts of eniry, and airports to
10 ,
11 isteluding projeets that separ.i. ..,R littes from highway or loeal
12 foad traffie, '
13 regions, reloeate rail switell. ..d other pr�eefs that
14 .
15
16 ,
18 (v) Border ae tents'that enhanee goods movement
20
21 .
22 (vi) Suffke transportation ts. to f�eilifate the
23
24
25
26state's
27 ,
28 airports, and land poffs of entr�,), (iii) provides feasonabl-c
29 iv,) plaees
30 emphasis on pfojeets that demo�strate regional support and
31 ,
32 priorRizes projects that *Fl�-&p eaffidor mobility while.
33 redueing emissions of diesel par�ieulate and other pollutant
34 emissions. in addition,
the hall also e .—de. tite,
35 .
36 , oxides o
37 nitrogen,and carbon dioxide assoeioed with the eanstruetion and
38 operation ofa proposed projeet.Emis'sions shall be estimated using
39 ni�thods approved by the R—ottf:ees Board.
i
i
i
95
I.
i •
i
I.
I
I y
I
SB9 —14-
1 "Veloeity�" which means ti - ----.-,d by whieb large eary
2 tffavd ffofn the port throttH stributionsystern.
3
4 .
5
6 preudiet-abuht--attlount of titne for eafgo to travel from one
7
aftother on any given day or at any�given tifne in Ca!46�--
8 "Congestion
9 FeeutTent daily hours of delay to b�aehieved-.
10 (G) Projeets fttftded under.this oaragraph shall be seleeted in
11
12 trade aefivity that oeettrs h. —gifflt--of that produee no net
13 inerease in emissions on a
14
15 .
16
17 .with -1-J-10-POsals for funding a �Ian to mitigate the efflissions
18 asseeiated with the projeet. Mitigation projeets may inelude, btit
19 are not limited to,
20.
2] best avaitable eonlrol te ,
22 loeomotive engines,
23 Mitigation plans shall be developed in eaordinatioH wiIh the ai
24 distriet in whose jurisdietion the projeet is situated. instead o
25 developing a mitigation plan,
26
a fee to the laeal air distriet t.- nt.— -a plan and mitigate the-
27 )eiated wit tilp pr-IRJ�F-�F't on ib belialf: The fee shall
28 . And may, not
29
30
31 adicnimisiration of the program:
32 (D) Theeommissions allall-Reatei fit-nds made available by this
33
34
35 , ,
36 the movement of
eontainers. Exeept for boMer aeeess,ivnprovenietits
37
38 . fr-am this ftind shall have supplernental�fttn li -11 1 1 . I easi equal
39 to the
of tl eantribution from th. fut.d.The
I
i
II
I
es
I
I
I
i
III
I
I
I
I
I
!I
C ��7
-15-'I ss9
1
2eommitted .,
3lem , with
4 funds made available by tit s par4graph, would be fully funded
5paragraph
6 may ottly be u for the costs of construetion.,
7 (F) The eommission sl all ineittdc in its annual report to the
8 Eegislattim,
9 ,
10
11 eontained i ,
12 ,
13 and air qualit ving-.
14 (2) One --I- G-9)shall be made available,
15
16 eondifions and e.it—' i.m. _9 statute enaeted by the
17 Legislature, to the State Air Resourees Board for emission
18 reduetions, flot otherwise IW.
law or regulation, from
19 '
20 trade eorriders. Funds made available by this paragraph are
21 intended to supplement ex.03"ing, P-Umck used to finan
22 and publie benefit projeet that t:e-4tt'e emissions and impm-ve air
23 quality in tt:a-d-- -F-Mfidff�- at ihe state'
24 I
25 ($100,000,000) shall be
26 available, upo lature, to the Offiee o
27 ,
28 and ferry Eligible applieants shall
29 be publiely owned ports, , yboat and fe"terminal
30
31 but are not limited to, the
32 (A) Video su
•'I
33Iffeluding,but not limite
34 to, X my deviees.
35
36 .
37 . (E) Thermal proteetive equipment.
38
39
II
I
I 95
I
i
I .
I
I
I
I
,
i .
I
I,
I
I
II
SB 9 —16
1
2 ,
3of the f;Dllo""
4 ,
5 outbound earget.
6
(ii) Monitoring the Pilyalval P&Ii-11 I eters of'Harbors, ports, and-
7 .
8 (iii) Providing or atigmentin.g 1, -PIDN'te emergeney
9 meq.
10 , but not
11id truek weight seales.
12 (j) Developing disaster pf-epareqness or emergeney response
13 ins.
14 TlieOffieeofEmerg----y'"erv:lees�s.ialI report to the Legislattirle
15
16
pursbant to this pafagraphl were exp�nded for that fiseal year-
.17 (d) Two littridied million dollars ($200,000,009) shall be
18 , for sehoolbus
19
20
21 , , ,
, 99) shall be available fo
22 projeets in the state tratispoFtationj ' , to
23 augment fitrids otherwise available for this purpose ffom othe
24
sourees.The funds providej by,this shall be deposited-
25
26
27 , as alloeated by
28 ion in the same
29 .
30 ,000)sliall be deposited
31 in the Publie Transportation Modernization, improvement, and
32 Semiee Enhaneement Ace , 3 hereby ereated in the
33 fitnd. Funds in the aec-Rumt made available, upon
34 appropriation by the Eegislature, to the Dep......e... _1
35
36 rail operators, bus operators, watefborn Ae,�'
37
38 modefnizatio ,
39 , rapid transit improvements,
40 or for rolling stoek pFoeurernent, rehabil litation,or replaeement.
95
Ili
i
,
i
!I,
—17—{ SB 9
1 , four hundred
2 million dollars (S400, AA,A=1W"ll Shall be available,
3
4 fail improvements, of whieh on� hundred twenty five million
5 dollars ($125,A-VAAV,AVAVCV')) -811,1all be *d for the proeurement of
6
7 I
8 (2),50 percent shall be distril!�ted to' the Gontrollet-,
9 to eligible ag 'lie ftm+ittla itt Seetion 99314 of the
10 Publie Utilities Gode, and 50 pere�nt shall be distributed to the
11 Gontroller,
12 Seetion 99313 of the Publie Utilities Code,subjeei to the.
13 governing funds alloeated tinder th6,se seettions.
14 (S1,000,090,000) shall be deposit6d i
15whieb is hereby
16
ereated in the fund. The f�nO shall be avail F-
17
18 ,for alloeation
19
20
21
22
23 .
24 , , shall be deposited ift
25 the Transit System Safetr, Seeurif , and Disaster Respons-e
26, Aeeount,whieli is hereby ereated in tho fund. Funds in the aeeount
27 shall be made available,upon appropri ption by the Legislattwe and
28 subjeet to stteh eonditions and erit6iia as the Legislature may
29 ,
30 , and for eapital
31
32 waterborne transit op rators,
33 transpoftation systenis that *,goods,and ernefgency
34
35 the mobility of goods, people, and eqtt�
36 (i) 9tte hundred twenty five mi!H4 dollars ($125,000,090)
37 ,
38
39 ,to pfevide the 11.5
40
i
95
i
II
I
,
II
i
li
I
ISI
a�
SB9 =18
,I
1 and Repair fttnds available to the state for seismie work on loeal
2 bridges, ramps, and overpasses, a� identified by the Department
3 of Transportation.
4 ($250,000,000) shall
5 ,
6 vAieh is hereby ereated in the fttnd� Funds in the aeeount shall be
7 available,upo i by to the D—epartmentL
,
8 of Transportation for the of high priority grade
9
10
11 proeess established in Chapter 10(ee�nmefieing with Seetion 2450))
12 ,
13 dollar fo�dollar mateh o f vqpnQtqsF-'A11148 shall be provided Fo
14 , and the oi�.
15 subdivision(g))of Seetion 2454 of the Streets and 1 lighways Gode
16 shall not.b projeets funded with these fttnds.
17 (2) Notwithstanding the funding �Iloeati I seribe
18 in paragraph(1),in eonstiltation with the department and the Ptiblie
19 Utilities Gommission;
20100,000,000) pf the
. 21
22 , that afe not
23
24
25 The alloeation of fttnds tinder this O.aragraph.shall be made ift
26 eonsultation and eoordination with*High Speed Rail Authority
27
28
29 ($750,000,000)shall
30 , and
31 . Funds
32 , -F--- appropriation by—the
33 , as alloeated by
34 ,for the ptt
35 state highway operation and prateefio� PfOgFafn as deseribed in
36 Sectio_ 14526-.5--.
37 (2) The department shall develop a Orogram for distribution o
38 ,000) From the.
39 funds id�entified in paragraph (!)� to fund traffie light
40 synehronization prejeets or other technology based improvements
95
i
ill
i
i
i
i
i
i
II .
I
I
I
—19 SB 9
1
2 and
a _o.a.
I
3 , 0) sliall be deposited
4 , Gongestion Relief-,
5
6 the fund. The proeeeds o boft-As deposited into that neount shall
7
8 purposes speeified in this subdivision
9 administration and alloeation in the�seal year in whieh the bonds
10
, `
11 .
12
13
14 (i) Seventy five pereem- of ...� 'l Ajn4S payable under this
15 subparagraph shall be apportioned;,among the eotinties in th-o
16 proportion that the number F ' I .. I td exempt vehieles that
17 are registered in the eounty bears to�fhe number of fee paid art
18
19 (ii) Twenty five peFeent off the �fimds payable under this
20 sttbpafagt:aph shall be apporfiotted.�tnong the eounties in the
21
22 in eaeh eount total nuniber of miles of maintained
23
24 under this elause,
25 eounty that are not state highways sh4ll be deemed to be county
26 read
27 ,
28 apportioned atmong the cities in ihe' Proportion that the total
29
30 in the state, provided, ho ver,
31
32 eity,
pursuant tfao-
33 (2) Funds reeeived ttn�er this subdi-�,ision shall be deposited as
34 fellows ift order to avoid the eattimittoing of those fiinds with
36 , into the eity�teeount that is designated
37 .
38 .
95
II
�I
I
!I
i
�I
SB 9 —20-11
1
2 designated f6r the reeeipt of state.funds alloeated for loeal streets
3 •and roads
4 (3) For the purpose of alimpRtil4R All ds tInder this subtfivisie)
5
6
7
8 aftef january 1, 1998, that does not appear on the rnost feeent
9
10 the Gontroller shall ttse !he population detem:nined for that eity
i
12 .
13 this subdivision shall be used for i�nprovefnents to transportatio.n.
14
15 ftirther deteri ws,of:irtere .ng traffic
16 , street fuld highway,
17 , eunstmetion
18
19 , or the ni ,
20 rehabilitations insmcaation, een�'aetten-and reeen trueiron v.
21
22 to reduee fatalities, or as A" Ifteal iii-lat-pli We obtain state or Federal
23 ftinds for similar purtoses.
24
25 is the fttnds it has re6eived under this subdivision,
26 '
27
.7 1 O.at has not eomplied with
28 paragraph e the state For the f6ittis it ifeeeived
29
30
31 the other eaunties and eities whose expenditures are itt eomplianee.
j
I
i
i
i
I
I
ISI
O
95
I
I
I
I
I
I
I
I
I
�I
I
II
I