BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 508|
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                                UNFINISHED BUSINESS 


          Bill No:  SB 508
          Author:   Beall (D)
          Amended:  8/20/15  
          Vote:     21  

           SENATE TRANS. & HOUSING COMMITTEE:  8-0, 5/5/15
           AYES:  Beall, Allen, Galgiani, Leyva, McGuire, Mendoza, Roth,  
            Wieckowski
           NO VOTE RECORDED:  Cannella, Bates, Gaines

           SENATE FLOOR:  28-8, 5/18/15
           AYES:  Allen, Bates, Beall, Block, Cannella, De León, Galgiani,  
            Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson,  
            Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning,  
            Nguyen, Pan, Roth, Vidak, Wieckowski, Wolk
           NOES:  Anderson, Fuller, Gaines, Moorlach, Morrell, Nielsen,  
            Runner, Stone
           NO VOTE RECORDED:  Berryhill, Hall, Pavley

           ASSEMBLY FLOOR:  66-14, 8/31/15 - See last page for vote

           SUBJECT:   Transportation funds: transit operators: pedestrian  
                     safety


          SOURCE:    California Transit Association

          DIGEST:   This bill makes changes to performance metrics tied to  
          state grants for transit operators.

          Assembly Amendments make technical changes to improve the  
          implementation of the bill.

          ANALYSIS: 
          








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          Existing law:

          1)Creates the Transportation Development Act (TDA).  The TDA  
            provides two state funding sources for public transit:

             a)   Local Transportation Fund (LTF) revenue is derived from  
               a one-fourth-cent of the general sales tax collected  
               statewide.  These funds are distributed to each county  
               according to the amount of tax collected in that county.   
               LTF funds a wide variety of transportation programs,  
               including planning and program activities, pedestrian and  
               bicycle facilities, community transit services, public  
               transportation, and bus and rail projects.  In limited  
               cases, counties may also use LTF moneys for local streets  
               and roads construction and maintenance.

             b)   State Transit Assistance (STA) revenue is derived from  
               the statewide sales tax on diesel fuel.  STA funds are  
               appropriated by the Legislature and are allocated by  
               formula to planning agencies and other selected agencies.   
               Existing law requires that 50% of STA funds be allocated  
               according to population and 50% be allocated according to  
               transit operator revenues from the prior fiscal year.  

          1)Requires transit operators to maintain a specified ratio of  
            fare revenues to operating costs in order to be eligible to  
            receive TDA funds.  The required ratio varies.  For operators  
            that began providing service after 1979, their ratio is either  
            20% or 10%, depending on whether the service area is urban or  
            non-urban.  For operators that provided service prior to 1979,  
            the required ratio is 20% or 10% (depending on whether the  
            service area is urban or non-urban) or the ratio they attained  
            in fiscal year 1978-79, whichever is greater.

          2)Authorizes a transit operator to meet the fare box recovery  
            ratio by combining fare revenues with certain local funds.

          3)Defines "operating expenses" for purposes of calculating a  
            transit operator's fare box recovery ratio; specifically  
            excludes from the definition costs associated with  
            depreciation and amortization, subsidies for commuter rail  
            services, direct costs for providing charter services, and all  








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            vehicle lease costs.   

          4)Authorizes transit operators to use STA funds for operating  
            expenses if their total operating costs per revenue  
            vehicle-hour increases by no more than the changes in the  
            Consumer Price Index (CPI); excludes from this calculation  
            costs beyond the CPI related to fuel, alternative fuel  
            programs, power, insurance premiums and settlement payments,  
            and federal and state mandates.  Startup costs for new  
            services are also excluded for two years.

          5)Provides a one year extension, through the 2015-16 fiscal  
            year, of an exemption to allow transit operators whose cost  
            increases have exceeded the CPI to continue using STA funding  
            for both operating and capital expenditures.    

          This bill:

          1)Adds pedestrian safety education programs to the list of  
            eligible uses of LTF moneys.

          2)Excludes the principal and interest payments on all capital  
            projects funded with certificates of participation from the  
            definition of "operating cost" used to calculate a transit  
            operator's fare box recovery ratio.  

          3)Simplifies fare box recovery ratio requirements used to  
            determine a transit operator's eligibility to receive state  
            transit funds.

          4)Excludes from the calculation of fare box recovery ratios  
            increased costs that are beyond the change in the CPI for all  
            of the following:

             a)   Fuel;

             b)   Alternative fuel programs;

             c)   Power, including electricity;

             d)   Insurance premiums and settlement payments; and









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             e)   State and federal mandates.

          5)Excludes, for two years, further from the fare box recovery  
            ratio equation startup costs for new services.

          6)Provides transit operators greater flexibility in the use of  
            local funds to satisfy fare box recovery ratio requirements.

          7)Authorizes transit operators to use a portion of STA funds for  
            operations even if they do not meet specified performance  
            standards, beginning July 1, 2016.

          Comments
          
          1)Purpose.  According to the author, cost increases over the  
            years - sudden, unplanned and unavoidable - have threatened  
            the continued receipt of transit operators' TDA and STA  
            funding.  Local economic conditions, operating environments,  
            the various built landscapes, and even political preferences  
            with regard to transit affordability: all these factors change  
            dynamically year to year. A more predictable, flexible system  
            of accountability is needed with regard to the eligibility  
            criteria for transit operators to receive funding.  This bill  
            is intended to amend existing accountability measures to  
            create that more predictable, flexible system for local  
            transit systems.

          2)What is this bill really about?  As described in the existing  
            law section, the state calculates two relatively ineffective  
            performance metrics against which transit operators are judged  
            to determine state funding eligibility.  The farebox recovery  
            ratio is essentially based on the percentage of operating  
            costs that are borne by the transit riders, while the STA  
            eligibility criteria is intended to force operators to keep  
            operating costs from growing more quickly than general  
            inflation.  Over time, these performance metrics have been  
            diluted due to changes in existing law to allow for exemptions  
            from what can be included in operating costs.  They are,  
            however, the closest thing the state has to holding transit  
            operators accountable for effectively spending state dollars.

            In many ways, this bill seeks to rationalize these performance  








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            metrics, for example, by attempting to apply the same  
            operating cost exemptions to both of them.  In addition, this  
            bill clarifies a few terms that should help ensure  
            expectations are applied uniformly to transit operators across  
            the state.  These seem like relatively responsible changes to  
            existing law.

            Ultimately, however, the Legislature and the Administration  
            need to reevaluate how the state should hold transit grant  
            recipients accountable for managing their costs.  Some argue  
            that it may be irresponsible of the state to provide  
            ever-increasing subsidies to operators simply to fund higher  
            pay for transit operators who already earn fair wages.  

          3)Fixing the STA eligibility criteria.  The STA performance  
            criteria require operators to keep operating costs from  
            growing more quickly than CPI, a measure of inflation.  Of  
            significance, this bill eliminates the yes/no test of STA  
            eligibility criteria, allowing transit operators who miss the  
            criteria by an insignificant margin to continue to use most of  
            their funds for operations.  

          4)Certificates of participation (COPs).  COPs are defined as  
            lease financing agreements in the form of tax-exempt  
            securities, similar to bonds.  In COP financing, title to a  
            leased asset is assigned by the lessor to a trustee  
            (non-profit corporation) that holds it for the benefit of the  
            investors, the certificate holders.  This financing technique  
            provides long-term financing through a lease or lease-purchase  
            agreement that legally does not constitute indebtedness under  
            the state constitutional debt limitation. It is not subject to  
            other statutory requirements applicable to bonds, including  
            the requirement of a vote of citizens.  In many ways, COPs  
            payments are similar to an individual's mortgage payments:   
            The debt is securitized against the property, but still  
            requires payment in order to guarantee use of the property.

            A key characteristic of using COPs that distinguishes it from  
            bond indebtedness is a nonappropriation clause.  The  
            nonappropriation or fiscal funding clause means that payments  
            of the lease are dependent upon an annual appropriation by the  
            governing body.  This differentiates the lease from  








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            indebtedness such as that created by the sale of bonds  
            because, with the nonappropriation provision, the present-year  
            government's action does not bind succeeding ones to pay the  
            obligation.  However, the non-debt classification of  
            lease-purchase financing does not eliminate the need to fund  
            lease payment expenditures nor does it eliminate the  
            responsibility of the government to disclose the obligation in  
            its financial statements.

            This bill excludes principal and interest costs for COPs from  
            the definition of operating costs when calculating a transit  
            operator's farebox recovery ratio.  

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified8/31/15)


          California Transit Association (source)
          Gold Coast Transit District
          Mendocino Transit Authority
          Monterey-Salinas Transit
          Orange County Transportation Authority
          Planning and Conservation League
          Sacramento Area Council of Governments
          San Bernardino Associated Governments
          San Luis Obispo Council of Governments
          Santa Clara Valley Transportation Authority
          Santa Cruz Metropolitan Transit District
          Solano County Transit
          Transform
          Transportation Agency for Monterey County
          United Transportation Union
          Ventura County Transportation Commission


          OPPOSITION:   (Verified8/31/15)


          None received








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          ASSEMBLY FLOOR:  66-14, 8/31/15
          AYES:  Achadjian, Alejo, Baker, Bloom, Bonilla, Bonta, Brown,  
            Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Hadley, Roger Hernández, Holden, Irwin,  
            Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Perea, Quirk, Rendon,  
            Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark  
            Stone, Thurmond, Ting, Waldron, Weber, Williams, Wood, Atkins
          NOES:  Travis Allen, Bigelow, Brough, Chávez, Dahle, Beth  
            Gaines, Gallagher, Grove, Harper, Jones, Mathis, Patterson,  
            Wagner, Wilk


          Prepared by:Eric Thronson / T. & H. / (916) 651-4121
          8/31/15 20:01:10


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