BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2222


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          Date of Hearing:  April 11, 2016


                        ASSEMBLY COMMITTEE ON TRANSPORTATION


                                 Jim Frazier, Chair


          AB 2222  
          (Holden) - As Amended  April 6, 2016


          SUBJECT:  Transit passes


          SUMMARY:  Continuously appropriates $50 million per year from  
          the Greenhouse Gas Reduction Fund (GGRF) for a Transit Pass  
          Program to be administered by the California Department of  
          Transportation (Caltrans) to provide free or reduced cost  
          transit passes to students.  Specifically, this bill:  


          1)Makes finding and declarations that increasing the use of  
            public transportation is a vital component to reducing  
            greenhouse gas emissions in California, and student transit  
            pass programs have been shown to increase transit ridership.


          2)Continuously appropriates $50 million annually, beginning in  
            2016-17, from the GGRF to be allocated to eligible transit  
            providers for the Transit Pass Program.


          3)Creates the Transit Pass Program to be administered by  
            Caltrans to support local transit pass programs that provide  
            free or reduced fare transit passes to students from K-12  
            public schools, community colleges, the California State  
            University (CSU) and the University of California (UC).








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          4)Defines eligible participants as a public agency, (including a  
            transit operator), school districts, community college  
            districts, the CSU, and the UC. 


          5)Defines eligible transit provider as a transportation agency,  
            transportation planning agency, or a county transportation  
            commission that receives funds from State Transit Assistance  
            (STA). 


          6)Requires Caltrans, in coordination with the Air Resources  
            Board (ARB), to develop guidelines and reporting requirements  
            for the program, including ensuring that existing transit pass  
            programs expend funds to expand eligibility or further reduce  
            the cost of the transit passes, and developing performance  
            measures to evaluate the effectiveness of the program. 


          7)Requires transit agencies and eligible participants to enter  
            into agreements to ensure transit passes are distributed to  
            students.     


          8)Allows funds to be expended to support new or existing transit  
            pass programs. 


          9)Allows transit agencies to give priority to applicants with an  
            existing transit pass program provided they can demonstrate  
            that the funds will further reduce the cost of the transit  
            pass or expand eligibility. 


          10)Authorizes transit pass programs can be funded from other  
            sources, including the Affordable Housing and Sustainable  
            Communities, the Low Carbon Transportation, and the Low Carbon  








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            Transit Operations programs (LCTOP).  


          11)Requires that free or reduced fare transit passes offered  
            under the program are counted at full retail value for the  
            purposes of the transit operator's eligibility for STA  
            funding. 


          12)Requires that each eligible transit agency receive a minimum  
            allocation of $20,000 and the remainder of the funds be  
            distributed based on existing STA formulas. 


          13)Requires that any funds that are not utilized by a transit  
            agency in a fiscal year be added to the allocation for the  
            program for the next fiscal year. 


          14)Requires at least 33% of the funds allocated benefit  
            disadvantaged communities.     


          EXISTING LAW: 


          1)Requires ARB, pursuant to AB 32 (Núñez), Chapter 488, Statutes  
            of 2006, to develop a plan of how to reduce statewide  
            greenhouse gas emissions to 1990 levels by 2020.  Under AB 32,  
            ARB is authorized to include the use of market-based  
            mechanisms to comply with these regulations (cap and trade).

          2)Establishes the GGRF in the State Treasury and requires all  
            money collected pursuant to cap and trade, with limited  
            exceptions, be deposited into the fund and makes the GGRF  
            funds available for appropriation by the Legislature.
          3)Established the Affordable Housing and Sustainable  
            Communities, the Low Carbon Transportation, and the LCTOP  
            programs and continuously appropriates 60% of GGRF fund  








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            proceeds, beginning in the 2015-16 fiscal year, for transit,  
            affordable housing and sustainable communities programs, and  
            high-speed rail.


          4)Requires, pursuant to SB 535 (de León), Chapter 830, Statutes  
            of 2012, that a minimum of 25% of the moneys available in GGRF  
            be used to benefit disadvantaged communities.


          5)Provides funding for public transportation through the  
            Transportation Development Act (TDA), including STA which is  
            derived from the statewide sales tax on diesel fuel.  STA  
            funds are appropriated by the Legislature and are allocated by  
            formula with 50% of being allocated according to population  
            and 50% being allocated according to transit operator revenues  
            from the prior fiscal year.  


          6)Requires transit operators to maintain a specified ratio of  
            fare revenues to operating costs in order to be eligible to  
            receive TDA funds.  


          FISCAL EFFECT:  Unknown 


          COMMENTS:  This bill would establish a transit pass program to  
          provide free or reduced cost transit passes to K-12, community  
          college and university students throughout California.  The  
          program would be funded at $50 million per year to be  
          continuously appropriated from the GGRF.  The program would be  
          administered by Caltrans and the funds would be distributed by  
          the Controller according to existing transit formulas.  The  
          program structure mirrors the existing LCTOP which provides  
          funds from the GGRF for the expansion of transit services.   
          Transit agencies and schools, community colleges and CSU and UC  
          would be eligible for the funding.  The intent of the program is  
          to encourage the creation of transit pass programs and to expand  








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          current transit pass programs, including further reducing fares  
          for students.     


          Currently, many transit agencies in California provide free or  
          reduced fare transit passes to students for use on their  
          systems.  For example, the San Francisco (SF) Muni offers the  
          Free Muni for Youth program that gives free access to Muni to  
          low and moderate income youth, from five to 18 years old.   
          Sacramento Regional Transit also offers students from age five  
          to 18 a 50% discounted fare for monthly passes.  The Los Angeles  
          County Metropolitan Transportation Authority (Metro) has been  
          offering reduced fares for both K-12 and college students since  
          the early 1990s.  Specifically, Metro has programs for both  
          college students, with a 54% discount on a monthly pass, and a  
          76% discount for the K-12 program.  Most of the programs require  
          proof of the students being registered in school; however the SF  
          Muni program is based upon family income level.  Additionally,  
          transit agencies have developed agreements directly with schools  
          in their jurisdictions to partner and provide free or reduced  
          passes to all students.  The University of California Los  
          Angeles (UCLA) and the University of Southern California (USC)  
          provide free passes for their students in partnership with  
          Metro.  In the Sacramento area, the University of California at  
          Davis offers a variety of travel options at reduced rates for  
          students and faculty through their goClub.  


          Most transit agencies subsidize the free or reduced fare  
          programs as part of their existing operating budget or utilize  
          funding from other local or private sources.  The current LCTOP,  
          funded from the GGRF, allows transit agencies to use funds for  
          transit passes.  For example, in 2014-15, the Mendocino Transit  
          Authority used LCTOP funds to subsidize bus fares for Mendocino  
          college students. Additionally, $25 million in funding for  
          student transit passes was discussed as part of the 2015-16  
          state budget deliberations, but no final agreement on an overall  
          package was reached.  









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          According to the author, this bill would provide hard-working,  
          budget conscious students with low-cost transit passes that will  
          enable them to commute to and from their destination, while  
          providing local transportation agencies with statistically  
          proven source of new riders.  A study conducted by UCLA found  
          that high-school and college students represent one of the  
          largest segments of "drive alone" automobile users in  
          California.  The study found that providing free or low-cost  
          access to public transit significantly reduced the demand for  
          student parking at college campuses and that over half of  
          college students polled favored increasing student fees to help  
          fund low-cost transit programs. 


          In writing in support of this bill, MoveLA said that universal  
          "any line, any time" student transit pass programs at colleges  
          and universities would encourage students to make decisions  
          about where to live and work based on the proximity of transit,  
          thereby helping to create a "transit culture" in LA County - and  
          perhaps encouraging students to become transit riders for life.





          The California State Polytechnic University, Pomona added that  
          many of their students are first generation college students  
          from families of modest means.  Students currently must pay very  
          high parking fees and the transit pass program proposed by AB  
          2222 would offer students an affordable transportation  
          alternative and a reliable means to get to campus.  They add  
          that encouraging student transit use could also reduce the need  
          for the university to spend precious resources expanding parking  
          facilities.  












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          As the state and regions continue to work toward the goal of  
          reducing greenhouse gas emissions, as well as cutting other  
          forms of air pollution, as set forth in AB 32, increasing the  
          mode shift from single occupant car trips to public  
          transportation is critical for success.  Encouraging people to  
          learn about and feel confident using public transportation at a  
          young age will support this effort.  The state has chosen to  
          expend cap and trade funds on both transit capital and operating  
          expenses to expand capacity to attract new riders.  The program  
          created by this bill will allow transit agencies and schools to  
          build upon existing success or provide new options for travel in  
          their communities.      





          Related legislation:  AB 1555 (Gomez), would appropriate $800  
          million from the GGRF to fund a variety of programs including  
          $10 million for active transportation and transit pass  
          investments. AB 1555 currently awaiting a hearing in the  
          Committee on Natural Resources.  





          SB 951 (McGuire), would create and appropriate $3 million  
          annually from the GGRF through 2020-21 for the Golden State  
          Patriot Passes pilot program to provide veterans with free  
          access to transit.   SB 951 is scheduled to be heard in the  
          Senate Committee on Environmental Quality on April 20, 2016. 





          Previous Legislation: SB 862 (Committee on Budget and Fiscal  








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          Review), Chapter 36, Statues of 2014 created and funded the  
          Affordable Housing and Sustainable Communities, the Low Carbon  
          Transportation, and the Low Carbon Transit Operations programs.





          AB 1002 (Bloom) of 2013, would have increased the tax on vehicle  
          registrations by $6.  40% of the revenues would have been  
          appropriated to transportation commissions and transit operators  
          to support transit operations and maintain and expand reduced  
          fare programs, including transit passes for students, low-income  
          youth, seniors, and persons with disabilities.  AB 1002 failed  
          passage in the Committee on Local Government. 





          SB 535 (de León), Chapter 830, Statutes of 2012, required, among  
          other things, that a minimum of 25% of the moneys available in  
          GGRF be used to benefits disadvantaged communities.





          AB 32 (Núñez), Chapter 488, Statutes of 2006, developed a plan  
          of how to reduce statewide greenhouse gas emission to 1990  
          levels by 2020.


          


          REGISTERED SUPPORT / OPPOSITION:










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          Support


          TransForm (Sponsor)


          American Lunch Association in California


          Amigos de los Rios


          Bike East Bay


          Bike San Gabriel Valley


          Bike SLO County


          Breathe California


          California Bicycle Coalition


          California Federation of Teachers


          California League of Conservation Voters


          California Pan-Ethnic Health Network


          California State University










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          California Walks


          CALPIRG


          Catholic Charities, Diocese of Stockton


          Center for Climate Change and Health


          Cerritos College


          Chico Velo


          Coalition for Clean Air


          Comite Civico del Valle


          Community College League of California


          Environmental Council of Sacramento


          Gamaliel of California


          Honorable Mark Ridley-Thomas, 


              Los Angeles County Board of Supervisors, Second District










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          Honorable Mike Eng, Forty-Ninth Assembly District (retired), 


              Vice-President, Los Angeles Community College District


          Inland Empire Biking Alliance


          Leadership Counsel for Justice and Accountability


          Livable Communities, Inc.


          Los Angeles Community College District


          Los Angeles County Bicycle Coalition


          Los Angeles Job Corps


          Los Angeles Trade-Technical College


          Los Rios Community College District


          Marin County Bicycle Coalition


          MoveLA


          Mt. San Antonio College










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          Napa County Bicycle Coalition


          Orthopaedic High School


          Pasadena City College District


          Peralta Community College District


          PolicyLink


          Public Advocates


          Safe Routes to School National Partnership


          San Diego County Bicycle Coalition


          Santa Barbara Bicycle Coalition


          Silicon Valley Bicycle Coalition


          Trust for Public Land


          Walk San Francisco


          Five private citizens










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          Opposition


          California Chamber of Commerce




          Analysis Prepared by:Melissa White / TRANS. / (916) 319-2093