BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 1353 (Patterson) - Highway rest areas: vending machines: utility costs ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: February 27, 2015 |Policy Vote: T. & H. 11 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: July 6, 2015 |Consultant: Mark McKenzie | | | | ----------------------------------------------------------------- This bill does not meet the criteria for referral to the Suspense File. Bill Summary: AB 1353 would require the Department of Transportation (Caltrans) to pay for all utility costs associated with vending machines at roadside rest areas operating under the Business Enterprise Program for the Blind (BEP). Fiscal Impact: Estimated increased costs of approximately $126,600 annually for Caltrans to pay BEP vending machine utility costs at all roadside rest areas (State Highway Account). AB 1353 (Patterson) Page 1 of ? Background: Existing law requires Caltrans to authorize the placement of vending machines at roadside rest areas and to give preference for vending facilities to vendors operating under the BEP. Existing law requires vendors to reimburse Caltrans from vending machine revenues for the costs of maintenance, operations, design review, and other activities related to the operation of the machines. According to a 2014 Department of Rehabilitation (DOR) annual report on the BEP, 17 blind vendors operated vending facilities at 30 locations along interstate highways in California, selling sell items such as refrigerated soft drinks, snacks, ice cream, and hot beverages from these machines. The vending machine receipts at these sights totaled over $1 million in 2014. Proposed Law: AB 1353 would prohibit Caltrans from being reimbursed for utility costs incurred by vendors operating under the BEP and instead require Caltrans to pay for those utility costs using state funds. Utility costs include fees incurred for providing electricity, water, sewage, and other similar services. Related Legislation: AB 1602 (Patterson) is an identical bill that was held on this Committee's Suspense File last year. Staff Comments: The current interagency agreement between DOR and Caltrans requires vendors to pay for utility costs at roadside rest areas. Monthly utility costs depend primarily on the number and type of vending machine, whether the machines require refrigeration or heating, whether the machines are indoor or outdoor, utility rates at each site, the season, and the climate of the region in which the rest area is located. According to the author, electricity costs can range from about $350 to $900 per month, depending on these factors. Caltrans indicates that utility costs average $550 per month per site. Caltrans has completed installation of electric meters at 13 of the sites at a cost of about $214,000, and the vendors operating at these locations pay utility costs directly to the electricity AB 1353 (Patterson) Page 2 of ? provider. At the remaining 17 sites, the current interagency agreement requires vendors to pay $200 per month per vending site for costs incurred by Caltrans for electricity costs. Plans to convert all vending locations to independent meters are in process. Under this bill, Caltrans would be required to pay utility costs associated with vending machines at all roadside rest areas. These costs are estimated to be about $198,000 annually (average costs of $550 per month at 30 sites). Caltrans is currently paying an average of $350 per month ($550 per month less the $200 reimbursed by vendors) at 17 sites that are not metered, or approximately $71,400 annually. As such, the bill would result in about $126,600 in net increased annual costs to Caltrans. The $214,000 that Caltrans has spent on utility meters at 13 rest areas represent a sunk cost. The bill would result in a substantial increase in profit for vendors, as a percentage of sales, at the expense of the state. -- END --