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
          
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          |Version: February 27, 2015      |Policy Vote: T. & H. 11 - 0     |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: July 6, 2015      |Consultant: Mark McKenzie       |
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          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). 









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          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  








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          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.


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