BILL ANALYSIS Ó SB 1072 Page 1 Date of Hearing: August 3, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair SB 1072 (Mendoza) - As Amended June 29, 2016 ----------------------------------------------------------------- |Policy |Transportation |Vote:|13 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | |Education | |7 - 0 | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: Yes SUMMARY: This bill requires local education agencies (LEAs) to ensure various bus safety requirements are met, including the installation of child safety alarms, as specified, to ensure that a student is not left unattended on a bus. Specifically, this bill: SB 1072 Page 2 1)Requires, on or before the 2018-19 school year, each school bus, youth bus and child care motor vehicle to be equipped with an operational child safety alert system. 2)Requires school pupil activity buses (SPABs) to be equipped with child alert systems, except when the SPAB is not used exclusively to transport students and when various safety precautions are in place, including specific chaperone and bus driver requirements. The bill also requires the bus driver and chaperone to fill out a form verifying that all required procedures have been followed. Local education agencies (LEAs) are required to keep these forms for a minimum of two years. 3)Requires LEAs, or the owner or operator of a private school that provides transportation to or from a school or school activity, to notify the Department of Motor Vehicles (DMV) within five calendar days if the driver's employer has ordered and upheld disciplinary action against a driver and has made a finding that the driver's actions constituted gross negligence. And authorizes the DMV to refuse to issue or revoke a driver's certificate if there is a report of gross negligence, as specified. A former applicant or holder of a certificate whose certificate was revoked may reapply for a certificate if the revocation is reversed or dismissed by the department. 4)Requires the California Highway Patrol (CHP), on or before January 1, 2018, to adopt regulations governing the specification, installation and use of child safety alarms. 5)Adds charter schools to the list of local education agencies (LEAs) that are required to develop a safe transportation plan, if they provide transportation services. SB 1072 Page 3 6)Requires LEAs to update their transportation plan to include procedures to ensure that a pupil is not left unattended on a school bus, SPAB, or youth bus. FISCAL EFFECT: 1)Proposition 98/GF cost pressures, likely in the hundreds of thousands of dollars, for LEAs to modify transportation plans, report information to the DMV, maintain specified documents for two years and install child alarm systems. These costs are not likely reimbursable since state law does not require school districts to provide transportation on school buses. 2)Minor GF costs to the California Department of Education (CDE) to modify bus driver training programs to include instruction on inspection procedures that ensure a student is not left unattended. 3)Minor/absorbable costs for the California Highway Patrol (CHP) to adopt regulations regarding child safety alarm systems, and to incorporate requirements into school bus inspections. 4)Minor/absorbable costs for the Department of Motor Vehicles (DMV) to account for an additional circumstance that would result in the refusal to issue or renew a bus driver certificate, or the revocation or suspension of that certificate. COMMENTS: SB 1072 Page 4 1)Purpose. According to the author, there have been at least eight instances of children being left alone and unsupervised on schoolbuses for hours at a time in California. Most recently, the author notes the death of a 19 year-old special-needs student who passed away after being left alone on a hot schoolbus for several hours at the end of a home-to-school trip in Whittier. The author's seeks to protect children getting to and from school by establishing safe pupil transportation procedures to help prevent children from being left unattended on buses. These procedures include the installation of child safety alarm systems on vehicles that transport children. The bill also strengthens driver protocols and training and provides the DMV the authority to suspend the bus driver's certificate if a report determines gross negligence. 2)School Pupil Activity Buses (SPABs). This bill seeks to prevent children from being left unattended on buses, including School Pupil Activity Buses (SPABs). SPABs are typically chartered buses which take students to and from school activities, such as sporting events. SPABs are required to have a parent representative or school official present at the beginning and end of each trip. According to the California Bus Association, its members estimate the cost per bus to retrofit a vehicle's electrical and computer systems to accommodate an external alarm system at $7,000. CHP estimates the number of motorcoaches operated by commercial carriers in California at approximately 13,000. While not all of these vehicles function as SPABs, and the cost would likely fluctuate from vehicle to vehicle, the cost to retrofit these SPABs could be considerable. Recent amendments exempt SPABs from the requirement to install alarm systems if the SPAB is not used exclusively to transport students and certain bus driver and chaperone requirements are SB 1072 Page 5 met. The California Bus Association and other private carriers have removed opposition with these amendments. 3)Local education agency cost pressures. This bill would impose new requirements on LEAs that opt to provide a transportation program. These additional requirements will place pressure on local school district budgets and could result in state pressures to provide additional Proposition 98/GF support. There are approximately 24,000 school buses in California. The number of buses already equipped with alarm systems is unknown. Los Angeles Unified School District has already equipped their fleet of 1,300 buses. They incurred costs of approximately $194,000 or approximately $150 per bus. The costs of these systems vary based on the vendor and the complexity of the system and the electrical and computer systems of the vehicles in which they are installed. Although school bus transportation programs are not required, most school districts provide transportation. Many school districts receive support for their transportation programs through the Home-to-School Transportation (HTST) program, which provides $491 million (Proposition 98/GF). The LAO estimates, however, that this funding only covers approximately 35% of total school transportation costs. The HTST program is also based on historic funding formulas that do not often reflect actual transportation costs in individual districts. Any costs not covered by HTST funds come from the school district's general fund. 4)Commission on State Mandates and transportation costs. Prior decisions by the Commission on State Mandates (CSM) indicate the CSM is not likely to rule that the activities imposed by this bill will constitute a state reimbursable mandate. For example, test claims submitted for existing school bus safety requirements in statute, including the development of a transportation plan and requiring seatbelts in buses, have SB 1072 Page 6 been determined by the CSM to not constitute a reimbursable state mandate because those activities are triggered by a decision to provide transportation services to students. Some school districts are required to provide transportation services to their special education students if the student's individualized education plan (IEP) determines these services are necessary to ensure a free and appropriate education under the federal Individuals with Disabilities Education Act (IDEA). The CSM ruled, however, that "although school districts may provide school bus or school pupil activity bus transportation, along with a variety of other possible options, to fulfill the possible transportation requirements under the [federal] IDEA, neither state law nor the IDEA requires school districts to provide school bus or school pupil activity bus transportation." Analysis Prepared by:Misty Feusahrens / APPR. / (916) 319-2081