BILL ANALYSIS                                                                                                                                                                                                    Ó





                             SENATE JUDICIARY COMMITTEE
                         Senator Hannah-Beth Jackson, Chair
                             2015-2016  Regular  Session


          AB 2280 (Ridley-Thomas)
          Version: August 15, 2016
          Hearing Date: August 29, 2016 
          Fiscal: No
          Urgency: Yes
          TH   


                                        SUBJECT
                                           
                     Rental Companies: Customer Facility Charge

                                      DESCRIPTION  

          Existing law governs contracts between rental car companies and  
          their customers in connection with the rental of passenger  
          vehicles.  Under existing law, a rental car company may collect,  
          in addition to the rental rate, certain fees and charges,  
          including a customer facility charge.  Existing law authorizes  
          airports to require rental companies to collect a customer  
          facility charge to finance, design, and construct consolidated  
          airport vehicle rental facilities, common-use transportation  
          systems that move passengers between airport terminals and car  
          rental facilities, and terminal modifications made solely to  
          provide customer access to common-use transportation systems.

          This bill establishes a separate authority for the Los Angeles  
          International Airport (LAX) to require rental car companies to  
          collect a customer facility charge that can be used for  
          additional specified purposes, including the improvement of  
          consolidated airport vehicle rental facilities.  This bill also  
          authorizes LAX to use customer facility charge revenue to pay or  
          repay bonds, capital contributions, availability payment  
          contracts, lease agreements, or other forms of authorized  
          financing used to design, construct, or improve consolidated  
          airport vehicle rental facilities and specified related  
          infrastructure, for a period not to exceed 35 years.

                                      BACKGROUND  









          AB 2280 (Ridley-Thomas)
          Page 2 of ? 

          In recent years, many airports have adopted the practice of  
          locating rental car services in consolidated facilities that  
          house all car rental companies in one location.  Common-use  
          transportation systems, including shuttle bus systems and  
          automated trains, are often used to transport rental car  
          customers to and from terminals and the consolidated rental car  
          facility.  These facilities and their associated transport  
          systems are financed largely via Customer Facility Charges  
          (CFCs) collected from rental car patrons who choose to rent a  
          vehicle from a company housed in the consolidated rental  
          facility.
          The authority to collect CFC charges began in California in 1999  
          when the Legislature passed and the governor signed SB 1228  
          (Vasconcellos, Ch. 760, Stats. 1999), which permitted San Jose  
          International Airport to collect a customer facility charge of  
          $10.15 per rental contract to finance and construct a  
          consolidated rental car facility.  In 2001, AB 491 (Frommer, Ch.  
          661, Stats. 2001) authorized other public airports in California  
          to collect a $10 fee per contract to finance, design, and  
          construct consolidated rental car facilities.  In 2007, SB 641  
          (Corbett, Ch. 44, Stats. 2007) repealed the special  
          authorization for San Jose International Airport and instead  
          applied the more general provisions enacted by AB 491 to San  
          Jose International Airport, thus permitting it to collect a $10  
          per contract CFC. 

          For approximately ten years, the allowable CFC fee was set at  
          $10 per rental contract, regardless of the duration of the car  
          rental.  In 2010, the Legislature revised the CFC fee structure  
          in response to feedback from the airports that the existing $10  
          per contract fee was inadequate to fund some proposed  
          consolidated rental car facilities.  SB 1192 (Oropeza, Ch. 642,  
          Stats. 2010) permitted airports to impose a CFC calculated on an  
          alternative basis, which, under current law, allows up to $6 per  
          day for a maximum of five days per rental contract to be  
          collected.  The new CFC fee structure allows an airport to  
          increase its daily CFC according to a statutory schedule which  
          would permit the collection of up to $45 over the length of a  
          rental contract by January 1, 2017.  SB 1192 also expanded the  
          range of uses for which CFC revenue could be spent, including  
          purchasing vehicles for a common-use transport system that would  
          shuttle passengers between the consolidated rental facility and  
          the airport terminals, and for terminal modifications undertaken  
          to provide access to a common-use transport system. 








          AB 2280 (Ridley-Thomas)
          Page 3 of ? 

          In order to protect customers and ensure that the CFC charged by  
          an airport was appropriately and necessarily spent on  
          consolidated rental facilities and associated common-use  
          transport systems, SB 1192 also imposed an audit requirement,  
          directing airports to complete independent audits of CFC funded  
          projects prior to the initial charge of a CFC, prior to any  
          increase in the CFC, and every three years after its initial  
          collection or any increase.  SB 1192 initially required the  
          State Controller's Office to review these audits, but SB 1006  
          (Senate Budget and Fiscal Review Committee, Ch. 32, Stats. 2012)  
          eliminated this requirement.  SB 1006, a budget trailer bill,  
          also struck language in existing law that set out guidelines  
          regarding the scope of a CFC audit and the standards for  
          determining whether an airport's chosen CFC rate was necessary  
          and justified based on how the funds were being spent.  The  
          following year, AB 359 (Holden, Ch. 549, Stats. 2013)  
          re-inserted guidelines regarding the scope of CFC audits, and  
          required audits to be posted on an airport's Internet Web site.   


          Under existing law, CFC revenue is generally used to pay back  
          bonds issued for the construction of combined rental facilities,  
          certain terminal modifications, and the construction and  
          operation of common-use transportation systems.  Existing law  
          states that upon repayment of these bonds, the authority to  
          collect a CFC is eliminated.  This bill would, for the Los  
          Angeles International Airport, expand the types of debts that  
          may be repaid with CFC revenue to include capital contributions,  
          availability payment contracts, lease agreements, or other forms  
          of financing.  This bill would also, for the Los Angeles  
          International Airport, increase the range of allowable uses to  
          which CFC revenue could be directed to include improving  
          combined rental facilities, maintaining or improving common-use  
          transportation systems, and improving terminal modifications, as  
          specified.  Finally, this bill would specify that the maximum  
          term for financing backed by this separate CFC authority shall  
          not exceed 35 years.

                                CHANGES TO EXISTING LAW
           
           Existing law  , Civil Code Section 1936, governs contracts between  
          rental car companies and their customers in connection with the  
          rental of passenger vehicles.

           Existing law  defines a "Customer Facility Charge" (CFC) as any  







          AB 2280 (Ridley-Thomas)
          Page 4 of ? 

          fee, including an alternative fee, required by an airport to be  
          collected by a rental company from a renter for any of the  
          following purposes:
           to finance, design, and construct consolidated airport car  
            rental facilities;
           to finance, design, construct, and operate common-use  
            transportation systems that move passengers between airport  
            terminals and those consolidated car rental facilities, and  
            acquire vehicles for use in that system; or
           to finance, design, and construct terminal modifications  
            solely to accommodate and provide customer access to  
            common-use transportation systems.  (Civ. Code Sec.  
            1936(a)(6)(A).)

           Existing law  states that the aggregate amount of CFC revenue to  
          be collected shall not exceed the reasonable costs, as  
          determined by an independent audit paid for by the airport, to  
          finance, design, and construct these facilities.  Existing law  
          requires, in the case of a transportation system, the audit to  
          also consider the reasonable costs of providing the transit  
          system or busing network.  (Civ. Code Sec. 1936(a)(6)(B).)

           Existing law  prohibits fees designated as a customer facility  
          charge from being used to pay for terminal expansion, gate  
          expansion, runway expansion, changes in hours of operation, or  
          changes in the number of flights arriving or departing from the  
          airport.  (Civ. Code Sec. 1936(a)(6)(B).)

           Existing law  specifies that the authorization for an airport,  
          except for the Oakland International Airport, to impose a CFC  
          shall become inoperative when the bonds used for financing are  
          paid.  (Civ. Code Sec. 1936(a)(6)(C).)

           Existing law  specifies that if a bond or other form of  
          indebtedness is not used for financing, or the bond or other  
          form of indebtedness used for financing has been paid, the  
          Oakland International Airport may require the collection of a  
          customer facility charge for a period of up to 10 years from the  
          imposition of the charge.  (Civ. Code Sec. 1936(a)(6)(D).)
           This bill  would, for the Los Angeles International Airport,  
          expand the range of permissible uses for which a CFC may be  
          applied to include the maintenance and improvement of  
          consolidated airport vehicle rental facilities, common-use  
          transportation systems, and authorized terminal modifications,  
          as specified.







          AB 2280 (Ridley-Thomas)
          Page 5 of ? 


           This bill  would, for the Los Angeles International Airport,  
          expand the types of financing arrangements toward which CFC  
          revenue may be directed to include bonds, capital contributions,  
          availability payment contracts, lease agreements, or other forms  
          for financing, and would specify that the authorization to  
          collect CFC revenue shall become inoperative when the financing  
          is paid or reimbursed.

           This bill  would, for the Los Angeles International Airport,  
          specify that the maximum term for financing toward which CFC  
          revenue may be directed shall not exceed 35 years.

                                        COMMENT
           
           1.Stated need for the bill
           
          The author writes:

            Section 1936 of the California Civil Code defines "customer  
            facility charge."  Section 50474.1 of California Government  
            Code authorizes an airport operated by a city and county to  
            "require a rental car company, in writing, to collect a fee  
            from its customers on behalf of the airport for the use of an  
            airport-mandated common use busing system or light rail  
            transit system operated for the movement of passengers between  
            the terminal and a consolidated on-airport rental car  
            facility."  Section 50474.1 of California Government Code also  
            lays out provisions related to use of that fee.

            AB 2280, as amended, will add Section 50474.22 to the  
            California Government Code to expand the types of financing  
            arrangements that customer facility charge (CFC) revenue  
            collected at LAX can cover to include bonds, capital  
            contributions, availability payment contracts, lease  
            agreements, or other forms for financing, and would specify  
            that the authorization to collect CFC revenue shall become  
            inoperative when the financing is paid or reimbursed.  AB 2280  
            would also clarify that CFC revenue collected at LAX fund  
            consolidated airport vehicle rental facilities, common-use  
            transportation systems, and authorized terminal modifications.

            This bill is needed due to the unique circumstances and  
            operations of the Los Angeles International Airport.  Further,  
            this bill will address pressing public safety concerns at LAX  







          AB 2280 (Ridley-Thomas)
          Page 6 of ? 

            by providing necessary financing tools.


           2.Landside access modernization program
           
          The CFC revenue authorized by this bill is intended to provide a  
          long-term revenue source to pay, in part, for planned  
          infrastructure improvements at the Los Angeles International  
          Airport (LAX).  According to the Los Angeles World Airports:

            In November 2015, the Los Angeles Board of Airport  
            Commissioners announced plans to deliver a world-class  
            transportation system to Los Angeles International Airport  
            (LAX) through the estimated $5 billion Landside Access  
            Modernization Program (LAMP).

            The centerpiece of LAMP will be an Automated People Mover  
            (APM) that will connect the Central Terminal Area (CTA) with a  
            new Consolidated Rent-A-Car facility (CONRAC), with stops  
            in-between at new airport parking facilities and a station  
            connecting to the Los Angeles County Metropolitan  
            Transportation Authority (LA Metro) regional transit system.   
            LAWA's focus on addressing aging infrastructure, new  
            technologies, and improving passenger levels of service has  
            shaped the development plans for the LAMP improvements at LAX.

            The LAMP improvements, as laid out above, aim to:
             "    transform LAX into a world-class destination airport and  
               enhance the passenger experience; 
             "    relieve traffic congestion in the CTA and on area  
               surface streets and roads; 
             "    connect to transit, reducing private vehicle trips to  
               LAX; 
             "    create new options for passenger pick-up and drop-off; 
             "    give passengers a fast and reliable new way to get to  
               their flights; and 
             "    reduce vehicle emissions and improve air quality.

            The LAMP improvements will further transform LAX into a  
            world-class airport by relieving traffic congestion within the  
            terminal area and on surrounding streets, by improving access  
            options and the travel experience for passengers, and by  
            providing a connection to the light-rail system being extended  
            by the Los Angeles County Metropolitan Transportation System  
            (LA Metro).







          AB 2280 (Ridley-Thomas)
          Page 7 of ? 


           1.New allowable uses for Consumer Facility Charge revenue
           
          Over the last 17 years, several California airports have  
          financed the design and construction of consolidated rental car  
          facilities and their associated transport systems through the  
          collection of Customer Facility Charges (CFC) from rental car  
          patrons who choose to rent a vehicle from a company housed in a  
          consolidated rental facility.  Existing law governing the  
          collection and use of CFC funds includes strong consumer  
          protection provisions designed to ensure that airports do not  
          misuse or over-collect these funds.  Under existing law, an  
          airport that imposes a CFC fee for the first time or that  
          increases its CFC fee must conduct an audit that ensures the  
          fees are necessary to construct consolidated rental facilities  
          and their associated transport systems, that the fees would not  
          or are not being used to fund unauthorized airport construction,  
          and that the chosen CFC fee level is reasonable, taking into  
          account alternate revenue sources for constructing these  
          facilities.  Existing law also limits the uses to which CFC  
          revenue can be directed to, principally, the design and  
          construction of combined rental facilities, certain terminal  
          modifications, and the construction and operation of common-use  
          transportation systems.  Existing law also specifies that, with  
          the exception of the Oakland International Airport (OAK), CFC  
          funds may be directed to pay off bonds used for the financing of  
          these projects, and in the case of OAK, that if alternate  
          financing is used, the authority to impose a CFC is limited to  
          10 years.

          This bill would, in the case of the Los Angeles International  
          Airport (LAX), authorize CFC revenue to be collected and used  
          for the improvement of these facilities, and would also  
          authorize CFC revenue to be directed toward paying off other  
          financing arrangements for the facilities, including capital  
          contributions and lease agreements.  Authorizing CFC revenue to  
          be directed toward financing arrangements other than bonds could  
          have several benefits to LAX, including allowing the airport to  
          transfer some of the risk involved in a project to a third party  
          through a public-private partnership.  Involvement of third  
          parties through leaseback agreements could also allow an airport  
          to potentially lower the cost of a combined rental car facility  
          and related infrastructure by allowing the third party to  
          depreciate the value of these assets - something a city cannot  
          typically do.







          AB 2280 (Ridley-Thomas)
          Page 8 of ? 


          However, authorizing these new forms of financing could also  
          significantly increase the cost passed on to consumers.  Market  
          pressure in bond markets tends to confine the amount of  
          financing and repayment terms an airport can obtain for a  
          project.  Other financing arrangements, such as a sale-leaseback  
          or lease-leaseback, could potentially allow an airport to avoid  
          these market confines by liberalizing the terms on which  
          combined rental car facilities are constructed and paid off.   
          Whether any alternate financial arrangement is economical for a  
          local agency depends on a variety of factors, including market  
          conditions, tax laws, lease structure, and the relative costs of  
          other financing arrangements.

          The normal pressure of limited resources that drives government  
          decisionmakers to make economically sound decisions concerning  
          infrastructure finance may not be present in situations where  
          external revenue streams can be diverted indefinitely to repay  
          such obligations, including obligations backed by CFC revenue  
          where much of the cost can be passed on to rental car customers.  
           Recognizing this problem, AB 2280 imposes a strict time limit  
          of 35 years as the maximum term for financing backed by LAX's  
          new CFC authorization.  Given the expanded purposes to which CFC  
          revenue can be directed under this bill, this explicit repayment  
          limitation ensures that this new authorization for LAX does not  
          turn CFC revenue into an unending source of funding at the  
          expense of Californians and others who rent cars.

           2.Other concerns
           
          Enterprise Holdings, Inc., requests that this bill be amended to  
          specify that consumers are not required to pay multiple CFCs  
          when renting a vehicle from an airport.  They write:

            Under existing law, airports can require rental car companies  
            to charge consumers a CFC of up to $45 per contract.  That CFC  
            is passed through to the airport and used to pay for the  
            consolidated rental car facility, transportation systems and  
            general terminal modifications.

            We oppose any attempt to require consumers to pay more than  
            one CFC per rental contract.  Any attempt to double charge  
            consumers would be contrary to the intent of the Legislature  
            in authorizing collection of CFCs and result in customers  
            paying up to $90 in airport facility charges per rental.  







          AB 2280 (Ridley-Thomas)
          Page 9 of ? 


            For the above reasons, Enterprise Holdings would be in support  
            of AB 2280 if amended to include the following language that  
            clearly states that customers can only be charged a single CFC  
            per transaction:

               An airport shall not require a rental company to collect a  
               customer facility charge from a consumer pursuant to this  
               article if that requirement would result in the rental  
               company collecting more than one customer facility charge  
               from that consumer in connection with a single rental.

          While Enterprise's requested amendment likely re-states existing  
          law, the amendment is arguably outside the scope of the present  
          bill.  The Committee may wish to consider clarifying language  
          such as this in future legislation addressing rental cars.


           Support  :  City of Los Angeles; State Building and Construction  
          Trades Council; Service Employees International Union,  
          California

           Opposition  :  None Known

                                        HISTORY
           
           Source  :  Los Angeles World Airports

           Related Pending Legislation  :  None Known




           Prior Legislation  :

          AB 2051 (O'Donnell, Ch. 183, Stats. 2016) recast and reorganized  
          law pertaining to contracts between rental car companies and  
          their customers in connection with the rental of a passenger  
          vehicle, and made technical and clarifying changes to existing  
          law.

          AB 675 (Alejo, Ch. 333, Stats. 2015) authorized a rental  
          company, when quoting a rental rate, to separately state the  
          rental rate, additional mandatory charges, if any, and a mileage  
          charge, if any, that a renter must pay to hire or lease the  







          AB 2280 (Ridley-Thomas)
          Page 10 of ? 

          vehicle for the period of time to which the rental rate applies.  
           This bill defined "additional mandatory charges" to mean any  
          separately stated charges that the rental car company requires  
          the renter to pay to hire or lease the vehicle for the period of  
          time to which the rental rate applies, which are imposed by a  
          governmental entity and specifically relate to the operation of  
          a rental car business, including, but not limited to, a customer  
          facility charge, airport concession fee, tourism commission  
          assessment, vehicle license recovery fee, or other government  
          imposed taxes or fees.

          AB 1981 (Brown, Ch. 417, Stats. 2014) removed the manufacturer's  
          suggested retail price as one of the criteria for determining  
          the rate of a damage waiver sold by a rental company, and  
          instead set the rate of damage waivers according to the  
          vehicle's classification using criteria set by the 2014  
          Association of Car Rental Industry Systems Standards for North  
          America.  This bill increased the maximum rate of the damage  
          waiver to $11 per rental day for vehicles designated as an  
          "economy car," "compact car," or another term denoting the two  
          smallest categories of vehicles described by the standards.   
          This bill increased the maximum rate of the damage waiver to $17  
          per rental day for vehicles in the next three body-size  
          categories of vehicles designated in the standards, except as  
          specified.

          AB 2747 (Cmte. on Judiciary, Ch. 913, Stats. 2014), the Assembly  
          Committee on Judiciary's Omnibus Bill extended until January 1,  
          2020, a sunset provision pertaining to a requirement for rental  
          companies to accept service of a summons and complaint against a  
          renter who resides out of this country for an accident or  
          collision resulting from the operation of the rental vehicle in  
          this state, as provided.

          AB 359 (Holden, Ch. 549, Stats. 2013) provided guidelines  
          regarding the scope of a CFC audit, and required audits to be  
          posted on an airport's Internet Web site.  This bill removed the  
          requirement that an airport conduct an audit every three years  
          after the initial collection of the CFC, and instead require an  
          airport to conduct an audit every three years after the initial  
          collection of the CFC only if the charge is used for the purpose  
                                         of operating a common-use transportation system or to acquire  
          vehicles for use in such a system.

          SB 1006 (Cmte. on Budget, Ch. 32, Stats. 2012) See Background.







          AB 2280 (Ridley-Thomas)
          Page 11 of ? 


          SB 1192 (Oropeza, Ch. 642, Stats. 2010) See Background.

          SB 641 (Corbett, Ch. 44, Stats. 2007) See Background.

          AB 491 (Frommer, Ch. 661, Stats. 2001) See Background.

          SB 1228 (Vasconcellos, Ch. 760, Stats. 1999) See Background.

           Prior Vote  :  Prior votes not relevant

                                   **************