BILL ANALYSIS                                                                                                                                                                                                    Ó



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          SENATE THIRD READING


          SB  
          1128 (Glazer)


          As Introduced  February 17, 2016


          Majority vote


          SENATE VOTE:  37-0


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Transportation  |15-0 |Frazier, Linder,      |                    |
          |                |     |Baker, Bloom, Brown,  |                    |
          |                |     |Chu, Daly, Dodd,      |                    |
          |                |     |Eduardo Garcia,       |                    |
          |                |     |Gomez, Kim, Mathis,   |                    |
          |                |     |Melendez, Nazarian,   |                    |
          |                |     |O'Donnell             |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          SUMMARY:  Removes the sunset for the Metropolitan Transportation  
          Commission (MTC) and the Bay Area Air Quality Management  
          District (BAAQMD)-administered San Francisco Bay Area commuter  
          benefits program that requires certain employers to provide  
          commuter benefit options to their employees.  Specifically, this  








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          bill:  


          1)Authorizes MTC and BAAQMD to continue their commute benefits  
            program on a permanent basis by deleting the sunset date of  
            January 1, 2017.


          2)Deletes bicycle commuting from the pre-tax option of the  
            program to conform to federal law, and adds bicycle commuting  
            to the employer-paid benefit option of the program allowing an  
            employer to offer a bicycle commuting subsidy to employees.  


          3)Deletes the requirement that MTC and BAAQMD issue a report to  
            the Legislature.


          FISCAL EFFECT:  This bill is keyed non-fiscal by the Legislative  
          Counsel.


          COMMENTS:  In 2009, three Bay Area cities, San Francisco,  
          Berkeley, and Richmond, adopted local ordinances requiring  
          employers to offer their employees commuter benefits consistent  
          with federal commuter tax benefits, such as allowing employees  
          to pay their transit or vanpool fare using pre-tax dollars.   
          Based on the success of these programs, in 2012 MTC and BAAQMD  
          sought authorization from the Legislature to adopt an ordinance  
          that would apply to all counties in the region.  SB 1339 (Yee),  
          Chapter 871, Statutes of 2012, authorized the two agencies to  
          develop a pilot ordinance with a January 1, 2017, sunset date.   
          This bill would delete this sunset date, thereby extending the  
          authorization for the program permanently.  


          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,  








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          traffic congestion, and greenhouse gas (GHG) emissions 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.


          In a recent report to the Legislature assessing the pilot, MTC  
          and BAAQMD address the implementation of the program, costs  
          savings to employers and employees, and overall reductions in  
          commuter car trips and GHGs.  


          Implementation:  To implement the program, the agencies did  
          extensive outreach to business groups to work with employers to  
          determine the right option for their employees.  A total of  
          3,910 employers in the Bay Area are registered and participating  
          in the program, with 55% offering a commuter benefit to their  
          employees for the first time.  This translates to roughly  
          472,000 employees who are eligible for a commuter benefit, of  
          which 205,000 are utilizing it.  Additionally, of those  
          employees using the program, 44,400 would not travel by an  
          alternative mode of transportation if their employer did not  
          provide a commuter benefit.  However, the report estimates that  
          the program may apply to as many as 10,000 Bay Area employers.  
          Although under current law, BAAQMD has the authority to enact  
          penalties for non-compliance, MTC and BAAQMD plan to continue to  
          emphasize compliance assistance over enforcement by publicizing  
          and conducting outreach activities to increase participation.  


          Savings:  The pilot program offers employers four options of  
          commuter benefit for their employees.  The pre-tax option, which  
          allows employees to exclude their transit or vanpool expenses  
          from taxable income for up to $255 per month, was the most  
          widely implemented with 82% of employers offering this option.   
          The option is easy to administer and also saves money for the  
          employer and the employee.  Specifically, an employer could  
          reduce their payroll taxes by as much as $238 per employee per  
          year.  Employees in the 25% federal income tax bracket and the  








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          6.5% state income tax bracket can save up to $965 per year.  


          Environmental benefits:  With the passage of SB 375 (Steinberg),  
          Chapter 728, Statutes of 2008, the state's metropolitan planning  
          organizations are required to develop sustainable communities  
          strategies to reduce GHGs by a certain amount determined by the  
          Air Resources Board.  Adopting innovative strategies to increase  
          mode shift is paramount to meeting the targets.  In the first  
          year of the program 4.3 million fewer vehicle trips were made as  
          a result of the benefit, reducing vehicle miles traveled by 86  
          million miles.  This translates to a reduction of nearly 36,000  
          tons of GHGs or 2.7% of the Bay Area's GHG reduction target.  




          In writing in support of this bill, the California Transit  
          Association noted that "this bill will benefit employers and the  
          employees through lower payroll and income taxes, and reduced  
          tailpipe emissions and traffic congestion.  Moreover, in light  
          of ongoing issues related to aging and deficient transportation  
          infrastructure and increasing costs of living in the Bay Area,  
          this bill is a small step the Legislature can take to lower the  
          cost of commuting and advance California's climate protection  
          goals, all without raising taxes or otherwise harming economic  
          growth."


          There is no formal opposition.


          Please see the policy committee analysis for full discussion of  
          this bill.


          Analysis Prepared by:                                             
                          Melissa White / TRANS. / (916) 319-2093  FN:  
          0003540








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