BILL ANALYSIS Ó SENATE COMMITTEE ON TRANSPORTATION AND HOUSING Senator Jim Beall, Chair 2015 - 2016 Regular Bill No: SB 523 Hearing Date: 4/21/2015 ----------------------------------------------------------------- |Author: |McGuire | |----------+------------------------------------------------------| |Version: |4/6/2015 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Erin Riches | |: | | ----------------------------------------------------------------- SUBJECT: Schoolbus replacement DIGEST: This bill creates a grant program for schoolbus replacement in small school districts. ANALYSIS: In November 2006, voters approved Proposition 1B, the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006. This initiative authorized $19.9 billion in general obligation bonds for transportation programs, including $200 million for replacement and retrofit of schoolbuses. The state Air Resources Board (ARB) distributed these funds to local air districts through the existing Lower-Emission School Bus Program (LESBP). The Proposition 1B monies funded 1,018 schoolbus replacements and 3,479 retrofits. The San Joaquin Valley Air Pollution Control District now administers this program on behalf of ARB with a small amount of federal funds. The Small School District and County Office of Education Bus Replacement Program, administered by the state Department of Education (CDE), provided funds to upgrade schoolbuses to comply with 1992 federal safety standards. Priority was given first to the purchase of new schoolbuses to replace existing buses, then to reconditioning existing buses, and lastly to purchase new schoolbuses to increase the recipient's fleet. Eligible recipients were school districts and county offices of education with an average daily attendance (ADA) of less than 2,501 SB 523 (McGuire) Page 2 of ? students. This program has been merged into California's new school funding formula. This bill: Creates the Schoolbus Replacement for Small and Disadvantaged Communities Grant Program, to be administered by CDE and ARB, and annually appropriates $5 million from the Greenhouse Gas Reduction Fund (commonly known as cap-and-trade), beginning in fiscal year 2015-16, to the program to fund the purchase of new schoolbuses as part of the effort to reduce greenhouse gas (GHG) emissions pursuant to AB 32. Provides that eligible recipients fall into three categories: 1) a school district or county office of education with an ADA of less than 2,501, with more than 50% of the student population qualifying for free or reduced-price lunch programs; 2) category 1 entities that provide student transportation services through a cooperative consortium or joint powers agreement; and 3) CDE's Division of State Special Schools, which provides services for deaf, hard of hearing, blind, and visually impaired students. Requires CDE to prioritize funds based on vehicle age and accumulated mileage. Requires an applicant to submit, as evidence of the condition of the vehicle to be replaced, the most recent California Highway Patrol inspection report, a repair estimate from an independent repair shop, and any other information requested by CDE. Requires CDE to estimate the cost of a replacement schoolbus of the same capacity as the schoolbus being replaced; provides that an applicant may not receive program funds exceeding that cost; and provides that a schoolbus that has been disposed of is not eligible for replacement under this program. Requires funds to be made available for special-education schoolbuses in an amount not less than the proportion of special-education schoolbuses to the total number of schoolbuses in the state, as determined by CDE. COMMENTS: 1.Purpose. The author states that according to the U.S. Environmental Protection Agency (US EPA), more than half of schoolbuses have been in service for over a decade. SB 523 (McGuire) Page 3 of ? Schoolbuses built to meet US EPA's 2010 standards emit 95% less pollution than pre-2007 buses and are 60 times cleaner than pre-1991 buses. Older, more polluting schoolbuses pose significant health risks to children who typically ride these buses for one-half to two hours per day. Emissions from older buses also have a negative impact on the communities in which they travel. Unlike many states, California does not require school districts to take buses off the road after a set number of years; as a result, the state has some of the oldest buses in the country. The author states that replacing one schoolbus saves $3,000 per year in fuel costs alone. This bill makes a modest investment that will have a significant impact on the state's air quality. 2.Assisting disadvantaged communities. This bill directs funds to small school districts in lower-income communities. Existing law (SB 535, De Leon, Chapter 830, Statutes of 2012), requires the state to allocate 25% of cap-and-trade funds to projects that benefit disadvantaged communities and at least 10% to projects located within those communities. Thus far, however, no cap-and-trade funds have been targeted to schoolbus replacement. The author notes that about 100 school districts transport more than half their students, compared to 10% in most districts. These districts tend to have smaller enrollments, be located in more rural areas, and enroll larger populations of students from low-income families compared to those with smaller student transportation programs. The author states that directing funds to school districts with low ADA and a high percentage of students qualifying for free or reduced-price lunch programs specifically targets areas that cannot afford, but most need, to replace older, high-polluting school buses. 3.Reducing GHG emissions. AB 32 directs cap-and-trade funds to programs that reduce GHG emissions. Diesel schoolbus emissions are primarily made up of particulate matter (PM). The author states that the technology for hybrid or electric buses, which directly reduce GHG emissions, is not only cost-prohibitive for many school districts but also does not support the long commutes required in most small, disadvantaged districts. In addition, due to lack of funding, school districts often park the bus and cut the route when a school bus becomes too old to drive or fuel costs become too expensive. This can lead to more cars on the road - and thus, increased GHG emissions - as parents are forced to drive their SB 523 (McGuire) Page 4 of ? kids to school. Because this program will not directly reduce GHG emissions, it may not qualify for cap-and-trade funds. 4.How far will the money go? A quick Internet search indicates that a used diesel schoolbus costs up to $100,000 and a new diesel schoolbus costs roughly $150,000, compared to more than $250,000 for an electric bus. This program provides $5 million per year. At $100,000 per bus, this bill would theoretically fund the purchase of 50 or more used diesel buses per year - more if applicants leverage other funding sources. 5.Double referral. This bill has been referred to the Rules Committee for consideration of a referral to the Environmental Quality Committee. Related Legislation: SB 760 (Mendoza) - which this committee heard last week, establishes a new program under the Strategic Growth Council to direct cap-and-trade spending to greenspace conversion, parks, active transportation, and other projects in disadvantaged communities. AB 156 (Perea) - pending hearing in the Assembly Natural Resources Committee, requires ARB to establish a comprehensive technical assistance program, and a three-year investment plan, to assist disadvantaged community applicants. AB 1336 (Salas) - also in the Assembly Natural Resources Committee, requires a minimum of 40% of cap-and-trade funds to be allocated to projects that provide benefits to disadvantaged communities. FISCAL EFFECT: Appropriation: Yes Fiscal Com.: Yes Local: No POSITIONS: (Communicated to the committee before noon on Wednesday, April 15, 2015.) SUPPORT: None received. SB 523 (McGuire) Page 5 of ? OPPOSITION: None received. -- END --