BILL ANALYSIS Ó
SB 774
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Date of Hearing: June 21, 2011
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Marty Block, Chair
SB 774 (Hancock) - As Amended: April 6, 2011
SENATE VOTE : 29-9
SUBJECT : Public postsecondary education: parking fees.
SUMMARY : Increases the maximum amount students and employees
of a California Community College (CCC) district may be charged
for parking services. Specifically, this bill:
1)Increases the statutory limits for parking fees CCC districts
may charge as follows:
a) From $40 to $50 for semester and from $20 to $25 for
intersession parking services.
b) From $30 to $35 for semester and $10 to $15 for
intersession carpool parking services.
2)Authorizes CCC governing boards to increase the fee limits on
parking and carpool passes annually by the same percentage
increase as the Implicit Price Deflator for State and Local
Government Purchases of Goods and Services. Specifies that
the fees may be increased annually up to the next whole dollar
increment above the existing fee limit that the calculation
produces.
3)Raises the statutory limit on parking fees charged to students
who receive Board of Governor Fee Waivers from $20 to $30 per
semester.
EXISTING LAW :
1)Authorizes a CCC governing board to charge students and
employees parking service fees not to exceed the actual cost
of providing parking services, as follows: $40 per semester
and $20 per intersession for regular parking permits, $30 per
semester and $15 per intersession for carpool students, and
exempts Board of Governors' (BOG) Fee Waiver students from
paying parking fees that exceed $20 per semester (Education
Code § 76360).
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2)Authorizes a CCC governing board to charge a fee in excess of
the aforementioned limits 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 CCCs
(EC §76360).
3)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
CCCs (EC § 76360).
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by
Legislative Counsel.
COMMENTS : Background : AB 2812 (Assembly Higher Education
Committee), Chapter 954, Statutes of 1998, reorganized CCC
parking fee provisions, authorized all CCC governing boards to
levy fees to fund parking and facility construction and
transportation services, and established maximum fee amounts
CCCs could charge for parking and transportation services. In
response to concerns that CCC districts were bumping up against
the fee ceilings in attempts to expand transit services for
students, the Legislature approved SB 82 (Hancock), Chapter 619,
Statutes of 2010, to increase the maximum amount CCC districts
could charge for transportation fees and established an annual
inflationary adjustment to the statutory cap. This bill would
similarly increase the statutory limit for parking fees and
authorize an annual inflationary adjustment to the limit.
Purpose of this bill : According to the author, current law that
caps parking fees at $40/semester has been in place for over 20
years. The current cap imposes an arbitrary and outdated
ceiling on fees for parking that creates difficulty in managing
local budgets amidst preexisting budgetary constraints. One CCC
district reported drawing funding from its general fund to meet
parking expenses. The law does not take into account the
increased costs associated with parking services and the need to
upgrade parking facilities to ensure adequate safety for
students when going to and from class. This bill would enable
districts to maximize the funding allocated to parking
infrastructure and public safety-related improvements, in
addition to course offerings and student support programs by
safeguarding CCC districts' general fund.
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State and Local Government 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. This measure of inflation is used to
calculate increases to school district revenue limits and cost
of living adjustments for CCC. 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 CCC, including health fees and
transportation services. This method will allow for more
gradual increases over time and enable CCC governing boards to
better ensure that funds generated from parking fees will cover
the actual costs of providing parking services to students.
Suggested technical amendments : Committee staff recommends the
author amend §76361(e)(2) of the Education Code, allowing for
increases to transportation fee limits based on the Implicit
Price Deflator, as follows, to ensure consistency with language
proposed by this bill:
EC §76361(e)(2) The governing board of each community
college may increase the fee limit s imposed by this
subdivision 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. The fees may be increased annually up to
the next whole dollar increment above the existing
limit that calculation produces.
Prior legislation : SB 82 (Hancock), Chapter 619, Statutes of
2010, increased and established an annual inflationary
adjustment to the statutory cap placed on CCC transportation
fees. AB 774 (Cook), Chapter 253, Statutes of 2009, authorized
the Riverside Community College District to charge a fee to fund
transportation services, as specified. AB 1980 (Swanson),
Chapter 145, Statutes of 2008, authorized the Peralta Community
College District to charge a fee to fund transportation
services, as specified. AB 1968 (Leslie), Chapter 560, Statutes
of 2006, authorized the Los Rios Community College District and
the Rio Hondo Community College District to charge a fee for
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using transportation services, as specified. AB 2812 (Assembly
Higher Education Committee), Chapter 954, Statutes of 1998,
reorganized CCC parking fee provisions, authorized CCC governing
boards to levy fees to fund parking facility construction and
transportation services, and established maximum fee amounts
that CCC districts are authorized to charge for parking and
transportation services.
REGISTERED SUPPORT / OPPOSITION :
Support
Community College League of California
Kern Community College District
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 District
Opposition
None on File
Analysis Prepared by : Laura Metune / HIGHER ED. / (916)
319-3960