BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
                              Senator Jim Beall, Chair
                                2015 - 2016  Regular 

          Bill No:          SB 1128           Hearing Date:    4/5/2016
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          |Author:   |Glazer                                                |
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          |Version:  |2/17/2016                                             |
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          |Urgency:  |No                     |Fiscal:      |No              |
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          |Consultant|Sarah Carvill                                         |
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          SUBJECT:  Commute benefit policies


            DIGEST:  This bill removes the sunset from a program requiring  
          certain employers in the San Francisco Bay Area to offer  
          alternative-commute benefits to their employees. 

          ANALYSIS:
          
          Existing law:
          
          1)Authorizes the Bay Area Air Quality Management District  
            (BAAQMD) and the Metropolitan Transportation Commission (MTC)  
            to adopt an ordinance requiring employers in the Bay Area with  
            more than 50 employees to offer specified commute benefits to  
            their employees until January 1, 2017. 


          2)Requires these employers to offer employees one of the  
            following benefits:

             a)   Pre-tax option: Employees may exclude from their taxable  
               wages expenses incurred for transit passes, vanpool  
               charges, or bicycle commuting up to the maximum amount  
               allowed by federal tax law.

             b)   Employer-provided subsidy: The employer subsidizes  
               public transit or vanpool fees paid by employees.  The  
               subsidy must be equal to the monthly cost of commuting by  
               public transit or vanpool, or $75, whichever is lower. 







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             c)   Employer-provided transportation: The employer provides  
               free or low-cost commuter transportation service to its  
               employees.

             d)   An alternative program approved by either MTC or BAAQMD  
               that provides at least the same benefit as the above  
               options. 


          1)Requires MTC and BAAQMD to report on program outcomes to the  
            transportation policy committees of the Senate and the  
            Assembly on or before July 1, 2016.

          This bill:

          1)Authorizes MTC and BAAQMD to continue their commute benefit  
            program on a permanent basis by deleting the sunset date;


          2)Deletes the requirement that MTC and BAAQMD issue a report to  
            the legislature; and


          3)Changes the requirements relating to bicycles in two of the  
            commute benefit options to conform to federal law.


          COMMENTS:

          1)Purpose.  According to the author, the goal of the commute  
            benefit program is to promote the use of transit and other  
            alternative commute modes in order to reduce single-occupant  
            vehicle commute trips, traffic congestion, and emissions of  
            greenhouse gases (GHGs) and other air pollutants from motor  
            vehicles.  The program seeks to achieve these objectives by  
            expanding the number of employers who provide commuter  
            benefits to their employees. 

          2)Background.  In 2009, three Bay Area cities adopted ordinances  
            requiring employers to provide employees with incentives to  
            commute by public transit, ridesharing, and bicycle.  BAAQMD  
            and MTC recognized this type of policy as an opportunity to  
            promote the use of alternative transportation throughout the  
            Bay Area, and sought authorization from the legislature to  








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            adopt an ordinance that would apply region-wide.  SB 1339  
            (Yee, Chapter 871, Statutes of 2012), allowed the two entities  
            to develop a pilot ordinance with a January 1, 2017 sunset  
            date. 

          3)Costs to implement.  The current BAAQMD-MTC commute benefit  
            program provides four options from which businesses can choose  
            to achieve compliance, one of which is a pre-tax option  
            whereby an employee may opt to have the employer deduct from  
            his or her gross income the cost incurred to pay for  
            alternative commuting options.  This pre-tax program discounts  
            alternative commuting costs by 30% to 40% for employees and  
            reduces the payroll tax that an employer pays on employees'  
            wages by approximately 9%.  Supporters argue that the pre-tax  
            option is a win-win-win solution because it saves money for  
            employers and employees while resulting in improved regional  
            outcomes.  The other options pose higher costs to employers,  
            but it is strictly the employer's choice to offer one of these  
            benefit types.  In the first year of the pilot program, the  
            vast majority (82%) of registered employers offered the  
            pre-tax option.

          4)Changes pertaining to bicycles.  Under current law, employers  
            that choose the pre-tax option are required to offer this  
            benefit to cyclists.  However, federal tax code prohibits  
            excluding expenses related to bicycle commuting from taxable  
            income.  In order to achieve consistency with federal law,  
            this bill strikes bicycling as an eligible commute expense for  
            the tax-exclusion program type.  The bill instead allows  
            employers who offer a subsidy to extend this benefit to  
            bicycle commuters if they choose.  
           
          5)Results.  SB 1339 required BAAQMD and MTC to report on the  
            effects of the commute benefit program to the Legislature in  
            order to provide an opportunity to evaluate the success of the  
            program.  The bill deletes this requirement because the report  
            has been completed and released to the public.  Of the 3,910  
            employers who completed online registration in the program,  
            55% were offering commuter benefits for the first time in  
            response to the program.  This translates to approximately  
            472,000 individual employees newly eligible to receive  
            commuter benefits, an estimated 205,000 of whom are actually  
            using the new benefits.  The report estimates that 44,400 of  
            these individuals would not have used an alternative commute  
            mode if the benefit were not available.  The program has  








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            resulted in 4.2 million fewer vehicle trips in the region in  
            its first 12 months, and prevented GHG emissions equal to  
            approximately 2.7% of the Bay Area's target under SB 375  
            (Steinberg, Chapter 728, Statutes of  2008), which set  
            regional goals for GHG emissions reductions from passenger  
            vehicle use.  Supporters note that there is great potential to  
            build on these gains if the program is made permanent.

          6)Ensuring compliance: an ongoing concern.  In 2012, this  
            committee's analysis of SB 1339 raised the question of how MTC  
            and/or BAAQMD would know whether or not an employer was  
            complying with the pilot ordinance.  The two entities now  
            estimate that between 10,000 and 11,000 Bay Area employers may  
            be covered by the ordinance - a number far exceeding the 3,910  
            employers who enrolled in the first year.  The report  
            emphasizes that eliminating the sunset will provide additional  
            opportunity to publicize the program and its benefits and, by  
            extension, register additional employers.  However, the  
            employer mandate ultimately may not be credible if BAAQMD and  
            MTC are unable to identify which employers are covered and  
            verify their compliance.  To date, BAAQMD and MTC have  
            emphasized compliance assistance over enforcement as they  
            implement the program.  This may be the most appropriate  
            approach to ensuring broad participation, given that offering  
            commute benefits can result in net savings for both employers  
            and employees.  As the program matures, however, it may be  
            necessary to revisit the question of how compliance can be  
            assured.

          Related Legislation:
          
          SB 1339 (Yee, Chapter 871, Statutes of 2012) - authorized a  
          pilot program requiring certain Bay Area employers to offer  
          commute benefits to employees.

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


            POSITIONS:  (Communicated to the committee before noon on  
          Wednesday,
                          March 30, 2016.)
          
            SUPPORT:  









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          Bay Area Air Quality Management District
          Coalition for Clean Air
          Golden Gate Bridge Highway and Transportation District
          Metropolitan Transportation Commission
          San Francisco Chamber of Commerce
          Santa Clara County Board of Supervisors

          OPPOSITION:

          None received



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