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
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          |Author:   |McGuire                                               |
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          |Version:  |4/6/2015                                              |
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          |Urgency:  |No                     |Fiscal:      |Yes             |
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          |Consultant|Erin Riches                                           |
          |:         |                                                      |
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          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  







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          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.   








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            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  








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            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.








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          OPPOSITION:

          None received.



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