BILL ANALYSIS                                                                                                                                                                                                    Ó






                          SENATE COMMITTEE ON EDUCATION
                              Alan Lowenthal, Chair
                             2011-12 Regular Session
                                         

          BILL NO:       SB 774
          AUTHOR:        Hancock
          INTRODUCED:    February 18, 2011
          FISCAL COMM:   Yes            HEARING DATE:  March 30, 2011
          URGENCY:       No             CONSULTANT:Beth Graybill

           SUBJECT  :  California Community Colleges:  parking fees.
          
           SUMMARY   

          This bill authorizes the governing board of a community 
          college district to increase parking fees charged to students 
          and employees to a maximum of $50 per semester and provides 
          for annual increases to the limit as specified.

           BACKGROUND  

          Existing law authorizes the governing board of a California 
          Community College (CCC) district to charge students and 
          employees a maximum of $40 per semester and $20 per 
          intercession for regular parking permits, not to exceed the 
          actual cost of providing parking services.  Current law also 
          prohibits a district from charging more than $30 per semester 
          and $15 per intercession for permits issued to students who 
          regularly carpool and specifies that students who receive 
          Board of Governors' (BOG) Fee Waivers are exempt from parking 
          fees that exceed $20 per semester.  (Education Code § 76360)

          Existing law authorizes the governing board of a CCC district 
          to charge a fee in excess of the $40 limit if the number of 
          full-time equivalent students per parking space exceeds the 
          statewide average and if the price of land adjacent to the 
          campus exceeds the statewide average cost of land adjacent to 
          community college campuses.  (EC § 76360)  

          Existing law requires revenues from parking fees to be 
          expended only for parking services or for purposes of 
          reducing the costs to students and employees using public 
          transportation to and from college.  (EC § 76360)  

          Existing law authorizes the governing board of a CCC district 
          to require students and employees at a campus to pay a fee to 



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          partially or fully recover costs incurred by the district for 
          providing reduced public transportation fares to students and 
          employees, and specifies that the sum of the fee for 
          transportation and the fee charged for parking services shall 
          not exceed $70 per semester or $35 per intersession or the 
          equivalent for part-time enrollment.  (EC § 76361)




           ANALYSIS  

           This bill  :

          1)   Raises the statutory limits for parking fees CCC 
               districts are allowed to charge by authorizing governing 
               boards to charge:  

               a)        Up to $50 per semester and $25 per 
                    intersession for parking services.  

               b)        Up to $35 per semester and $15 per 
                    intercession for students who certify that they 
                    regularly carpool with two or more passengers in 
                    the vehicle parked at the community college.  

          2)   Specifies that the fee limit for regular and carpool 
               parking services shall increase annually by the same 
               percentage increase as the Implicit Price Deflator for 
               State and Local Government Purchases of Goods and 
               Services published by the United States Department of 
               Commerce.  

          3)   Increases the amount students on a BOG fee waiver may 
               pay for parking by specifying that students who receive 
               these waivers shall be exempt from parking fees that 
               exceed $30 dollars per semester.  

           STAFF COMMENTS  

           1)   Need for the bill :  The current cap on CCC parking fees 
               has been in place for since 1988 when it was increased 
               from $20 per semester.  Parking fees are intended to 
               cover the actual cost of providing parking services 
               including security services, maintenance of parking lots 
               and parking structures, site improvements, and equipment 
               such as security cameras and parking machines.  



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               According to a recent survey conducted by the California 
               Community College Chancellor's office, a few districts 
               charge parking fees in excess of the $40 limit, while a 
               few rural districts do not require students to pay a fee 
               for parking.  Most districts that responded to the 
               survey however, charge more than $30 dollars per 
               semester for regular parking, and several districts are 
               at the statutory limit of $40.  Several respondents 
               indicated that the current fee limit does not generate 
               sufficient revenue to pay for all their maintenance 
               requirements causing them to supplement with general 
               fund resources, which over time could erode programs and 
               services.  This bill gives districts greater flexibility 
               to adjust parking fees to meet local needs while 
               maintaining a level of affordability for students.  

           2)   Implicit Price Deflator  .  The Implicit Price Deflator 
               for State and Local Government Purchases of Goods and 
               Services is an index published by the U.S. Department of 
               Commerce that is a weighted average of the detailed 
               price indexes used in estimating constant-dollar GDP.  
               This measure of inflation is used to calculate increases 
               to school district revenue limits and cost of living 
               adjustments for California Community Colleges.  It is 
               also used by various state agencies as an objective 
               metric for determining an annual rate of increase or 
               decrease in fees.  

          The proposal to tie the parking fee cap to the Implicit Price 
               Deflator is consistent with other authorized fees for 
               the community colleges, including health fees and 
               transportation services.  This method will allow for 
               more gradual increases over time and enable governing 
               boards to better ensure that funds generated from 
               parking fees will cover the actual costs of providing 
               parking services to students.  

           3)   Administrative ease  .  To smooth out budgeting and 
               transactional "kinks" that could arise from annual 
               adjustments that are in fractions of dollars, it may be 
               more practical to establish the fee limit as proposed 
               then authorize each community college district governing 
               board to increase the fee above the limit by the same 
               percentage increase as the Implicit Price Deflator for 
               State and Local Government Purchase of Goods and 
               Services and specify that the fee may be increased for 
               every whole dollar increment the calculation produces.  



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               Staff recommends amendments to replace the proposed 
               subparagraph (3) of subdivision §76360 (a) with language 
               that authorizes governing boards to increase the fee 
               annually up to the next whole dollar increment above the 
               existing fee limit that the calculation produces.  

           4)   Related and prior legislation  .  

          SB 82 (Hancock, Chapter 619, 2009) increased and established 
               an annual inflationary adjustment to the statutory cap 
               placed on California community college transportation 
               fees.  This measure was heard and passed by this 
               Committee on a 7-0 vote.  

          AB 774 (Cook, Chapter 253, 2009) authorized the Riverside 
               Community College District to charge a fee to fund 
               transportation services, as specified.  This measure was 
               heard and passed by this Committee by a 9-0 vote.  

          AB 1980 (Swanson, Chapter 145, 2008) authorized the Peralta 
               Community College district to charge a fee to fund 
               transportation services, as specified.  This measure was 
               heard and passed by this Committee by a 9-0 vote.  

          AB 1968 (Leslie, Chapter 560, 2006) authorized the Los Rios 
               Community College District and the Rio Hondo Community 
               College District to charge a fee for using 
               transportation service, as specified.  This measure was 
               heard and passed by this Committee by a 9-0 vote.  

          AB 2812 (Higher Education Committee, Chapter 954, 1998) 
               reorganized community college parking fee provisions, 
               authorized community college governing boards to levy 
               fees to fund parking facility construction and 
               transportation services, and established maximum fee 
               amounts that districts are authorized to charge for 
               parking and transportation services.  This measure was 
               heard and passed by this Committee on a 13-0 vote.  





           SUPPORT
           
          Community College League
          Kern Community College District



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          Los Angeles Community College District
          Mt. San Jacinto Community College District
          Peralta Community College District
          Rio Hondo Community College District
          San Jose-Evergreen Community College District
          West Kern Community College Districts

           OPPOSITION
           
          None received.