BILL ANALYSIS Ó SB 1128 Page 1 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 SB 1128 Page 2 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, SB 1128 Page 3 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 SB 1128 Page 4 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 SB 1128 Page 5