Meeting_Body
EXECUTIVE MANAGEMENT COMMITTEE
MAY 19, 2022
Subject
SUBJECT: STATE AND FEDERAL REPORT
Action
ACTION: RECEIVE AND FILE
Heading
RECOMMENDATION
Title
RECEIVE AND FILE May 2022 State and Federal Legislative Report.
Discussion
DISCUSSION
Executive Management Committee
Remarks Prepared by Raffi Haig Hamparian
Government Relations Senior Director, Federal Affairs
Chair Solis and members of the Executive Management Committee, I am pleased to provide an update on a number of key federal matters of interest to our agency. This report was prepared on May 4, 2022, and will be updated, as appropriate, at the Executive Management Committee meeting on May 19, 2022. Status of relevant pending legislation is monitored on the Metro Government Relations Legislative Matrix <http://libraryarchives.metro.net/DB_Attachments/220509%20-%20May%202022%20-%20LA%20Metro%20Legislative%20Matrix.pdf>, which is updated monthly.
Federal Earmarks
Last month, Metro concluded our work with members of the Los Angeles County Congressional Delegation related to earmark requests for the Federal Fiscal Year 2023 spending bill. As we did last year, our focus was on a number of our larger capital projects, including our number one Capital Investment Grant Program priority project - the West Santa Ana Branch Transit Corridor Project. This year we also worked to advance federal support for a number of key Metro initiatives - including our Fareless System Initiative, our SEED School collaboration with the County of Los Angeles and our Center for Transportation Excellence initiative which is designed to promote the manufacture of rolling stock (bus and rail) in Los Angeles County.
President Biden Fiscal Year 2023 Budget
As was noted last month, Metro was pleased that the President’s Budget for Fiscal Year 2023 included a recommendation that Congress appropriate $250 million for LA Metro’s East San Fernando Valley (ESFV) Light Rail Transit Project, funded through the Federal Transit Administration’s Capital Investment Grants (CIG) program. The Budget also included a recommendation that Congress provide $813 million in funding for our existing Full Funding Grant Agreements for the Westside Purple Line Extension (Sections 1, 2, and 3).
Metro welcomed the fact that the annual CIG New Starts Report which accompanies the Budget, included mention of our agency’s top CIG priority project, the West Santa Ana Branch Transit Corridor Project - which has entered New Starts Project Development phase.
This year, we will be working to ensure that that WSAB Transit Corridor Project is recommended for federal funding in the Fiscal Year 2024 New Starts Report.
My last point on this subject is to emphasize that Metro is working to ensure the President’s budget recommendations are fully funded in Fiscal Year 2023 appropriations legislation to be considered by Congress later this year.
Infrastructure Investment and Jobs Act
Metro is pleased that the U.S. Department of Transportation continues to issue Notice of Funding Opportunities (NOFO) tied to the Bipartisan Infrastructure Law (BIL).
As I highlighted last month in my report - thanks to the strong leadership of our Chief Executive Officer, we have a team of individuals working to ensure that we derive the maximum benefit for Los Angeles County residents from the BIL - a truly historic measure that promises to deliver enhanced mobility across Los Angeles County.
While a number of major NOFO’s were recently issued (Bus and Bus Facilities/Low or No Emissions/INRA/Megagrant) a series of new NOFOs will be issued in the coming weeks - including but not limited to - a Transit Oriented Development Pilot Program, Railroad Crossing Elimination Program and the Strengthening Mobility and Revolutionizing Transportation (SMART) grant programs.
As is our standard practice - we will continue to keep the Board closely informed as the Biden Administration moves forward on BIL related funding opportunities.
Congressional Competitiveness and Innovation Bills
Metro has been working with a wide array of federal stakeholders to ensure that the conference committee considering the pending competitiveness and innovation bills in Congress can support our Center for Transportation Excellence initiative. We are grateful to members of the Los Angeles County Congressional Delegation - including Congresswoman Grace Napolitano (D-CA) and U.S. Senator Alex Padilla (D-CA) among others - for backing our work to ensure that this measure - if signed into law by the President - can serve to support our Center for Transportation Excellence initiative to manufacture rolling stock (bus and rail) in Los Angeles County. Earlier this month, a group of Los Angeles delegation members led by Congresswoman Napolitano sent a letter to Congressional leadership expressing support for provisions in the bill that could provide significant federal funding opportunities for Metro to pursue in order to move the Center for Transportation Excellence forward.
Justice40 Initiative
We continue to eagerly anticipate the Federal Transit Administration’s ongoing work in updating their guidelines for the Capital Investment Grant (CIG) program - with a keen eye on including the aims of the Administration’s Justice40 initiative.
Metro believes many of our mobility enhancing projects - especially the West Santa Ana Branch Transit Corridor Project - will benefit from having the CIG program modified to reflect the goals of the Justice40 initiative.
Conclusion:
Chair Solis - I look forward to expanding on this report at the Executive Management Committee meeting slated for May 19, 2022 with any new developments that may occur over the next several weeks.
Executive Management Committee
State Remarks Prepared by Michael Turner
Deputy Executive Officer, Government Relations
Chair Solis and members of the Executive Management Committee, I am pleased to provide an update on a number of state matters of interest to our agency. This report was prepared on May 4, 2022 and will be updated, as appropriate, at the Executive Management Committee meeting on May 19, 2022. The status of relevant pending legislation is monitored on the Metro Government Relations Legislative Matrix <http://libraryarchives.metro.net/DB_Attachments/220509%20-%20May%202022%20-%20LA%20Metro%20Legislative%20Matrix.pdf>, updated monthly.
State Budget
The Governor is expected to release his May Budget Revision on May 10, 2022. Information about the details of the May Revision will be available for presentation on the date of this Executive Management Committee meeting. The Senate and Assembly have resumed budget hearings. Metro continues to encourage the legislature to consider the Board’s Golden Opportunity Package as part of the larger transportation budget. The Legislature has until June 15th to pass a budget for the next fiscal year. Metro’s advocacy team is actively engaged and is aggressively lobbying the State Legislature to ensure that the Golden Opportunity Package is embedded in the final State Budget.
Equity Impact Analysis - State Budget
The State Budget surplus provides an excellent opportunity to address many historic inequities in Los Angeles County. The Board’s Golden Opportunity Package identifies specific funding recommendations that would support these efforts.
Sponsored Bills Update
On May 4th, the California Assembly Local Government Committee, chaired by Assemblymember Cecilia Aguiar-Curry (D-Winters) heard and subsequently passed two of Metro’s sponsored bills. AB 2039 by Assemblymember Luz Rivas (D- Arleta) would allow Metro to utilize job order contracting as a project delivery method. Job order contracting allows for a more efficient procurement process and will enable Metro to rapidly and efficiently address smaller construction projects at our properties. This bill grants a similar job order contracting authority to Metro that exists at other agencies. The bill now goes to a vote in the full Assembly.
AB 2271 by Assemblymember Mike Gipson (D-Carson) would allow Metro to exercise local business preferences in competitive low-bid contracting, per Board direction. For Metro, this would mean strengthening the local economy and maximizing contracting opportunities that increase the capacity and growth of local small and historically under-utilized businesses within the communities in which our transportation projects are built. The bill now goes to a vote in the full Assembly. Both of the bills help advance Metro’s work to address equity by expanding business opportunities to local small businesses in Los Angeles County.
Metro is a co-sponsor of two additional bills. The first is SB 922 by Senator Scott Wiener (D- San Francisco), which has passed the Senate Environmental Quality Committee and the Senate Appropriations Committee. SB 922 would extend and improve upon Senator Wiener's previous legislation (SB 288 from 2020, which will sunset on January 1st of next year) to expedite active transportation, light rail, and bus rapid transit projects by exempting these environmentally sustainable projects from CEQA, helping accelerate climate-friendly projects in the state. Specifically, this bill will help Metro accelerate work related to our Bus Rapid Transit (BRT) projects and charging facilities for zero emission bus conversion. Metro provided lead witness testimony at the hearing in support of the measure. The bill is awaiting a vote in the full Senate.
Finally, Metro is a co-sponsor of SB 1161 by Senator Dave Min (D- Irvine). The bill would require certain transit districts in the state to develop and implement initiatives to combat street harassment of those traveling on public transit and consider the safety concerns and needs of these persons by gender when planning, designing, and operating their systems. This bill passed the Senate Transportation Committee on April 19th.
Other State Legislation
Government Relations monitors all newly-introduced legislation for bills that may impact Metro’s projects, programs and funding. Metro is currently monitoring a number of other recent bill introductions and proposals. Staff will continue to monitor all newly introduced legislation, work with the affected internal departments and work with the Board to determine the appropriate Metro position as bills are introduced. We are also tracking various pieces of legislation that would modify the Brown Act that governs public meetings.
Other monitored bills include:
• AB 1919 (Holden) - AB 1919 by Assemblymember Holden was amended on April 6th. This bill would require transit agencies to offer free youth transit passes to all persons 25 and under with California residency, regardless of immigration status, in order to be eligible for certain state funding programs. The bill would also create a Youth Transit Pass Pilot Program to offset the costs of providing free youth transit passes. The bill passed the Assembly Transportation Committee on April 4th, and is awaiting a hearing in the Assembly Appropriations Committee.
• AB 2441 (Kalra) - This bill would require a public transit employer to provide notice to the applicable employee representative of its intention to begin any procurement process or a plan to acquire or deploy to new technologies for public transit services not less than 12 months before commencing deployment. It passed the Assembly on April 21st and is awaiting a hearing in the Senate Public Employment and Retirement Committee.
• AB 1938 (Friedman) - This bill would require the California State Transportation Agency Secretary, on or before July 1, 2023, to establish and convene the Transit and Intercity Rail Recovery Task Force, to develop policies to grow transit and intercity rail ridership and improve operations for users of those services. The bill has passed the Assembly Transportation Committee and is currently in the Assembly Appropriations Committee.
• AB 2237 (Friedman) - This bill would require that projects and programs included in each regional transportation improvement program also be consistent with the most recently prepared sustainable communities strategy of the regional transportation planning agency or county transportation commission and the state’s climate goals. This bill has passed the Assembly Natural Resources Committee and is awaiting a hearing the in the Assembly Appropriations Committee.
• AB 2438 (Friedman) - This bill would require that the agencies that administer certain state grant programs, to revise the guidelines or plans applicable to those programs to ensure that projects included in the applicable program align with the California Transportation Plan, the Climate Action Plan for Transportation Infrastructure adopted by the Transportation Agency, and specified greenhouse gas emissions reduction standards. This bill passed the Assembly Transportation Committee on March 29th and awaits a hearing in the Assembly Appropriations Committee.
• AB 2622 (Mullin) - AB 2622 by Assemblymember Mullin would extend the sales tax exemption for zero-emission buses established by the Assemblymember’s 2019 bill, AB 784. This bill will be heard in the Assembly Revenue and Taxation Committee on May 5th.
• AB 1778 (C. Garcia) - This bill would prohibit state funds from being used to fund or permit freeway projects in areas that fall within the zero to 50th percentile on the housing and environmental variables analyzed through the California Healthy Places Index. This bill has passed the Assembly Transportation Committee, and is currently in the Assembly Appropriations Committee.
• AB 2594 (Ting) - This bill would modify the provisions relating to how toll agencies provide payment alternatives and manage toll violations. Assembly Member Ting is working to ensure that these programs are equitable and take into consideration the impacts of unbanked populations. Staff have worked with toll agencies around the state and Assembly Member Ting to include language that incorporates practices at Metro. Metro has led the way in ensuring that our Express Lanes Program incorporates equity and allows for all commuters to use the facility.
• AB 2357 (Ting) - Assembly Member Ting is advancing this measure to address remaining issues relative to the Surplus Land Act. Staff have worked through the California Transit Association to propose amendments that will allow us to continue to advance our joint development program and support our aggressive affordable housing program.
Project Briefings and Statewide Coordination
Metro Government Relations staff continues to host virtual legislative roundtable briefings to update state and federal offices on the status of key Metro projects and programs and the agency response to the pandemic. These briefings are both an opportunity to brief staff from elected offices, as well as to hear comments and concerns directly from their constituents. The legislative roundtables, as well as district-specific briefings, will continue on a regular basis virtually to ensure that the members of the LA delegation have access to Metro’s most up-to-date project and program information.
State Equity Analysis
Government Relations will continue to work with the Office of Equity and Race in reviewing legislation introduced in Sacramento to address any issues of equity in proposed bills.
Conclusion
Staff will expand on this report at the Executive Management Committee meeting with any new developments that occur over the next several weeks.
Prepared_by
Prepared by: Michael Turner, DEO, Government Relations, (213) 922-2122
Raffi Hamparian, Senior Director, Government Relations, (213) 922-3769
Reviewed_By
Reviewed by: Nicole Englund, Chief of Staff, (213) 922-7950
