BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 774
                                                                  Page  1

          Date of Hearing:   May 5, 2009

                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION
                              Anthony Portantino, Chair
                  AB 774 (Cook) - As Introduced:  February 26, 2009
           
          SUBJECT  :   Riverside Community College District: transportation  
          fees.

           SUMMARY  :   Allows the Riverside Community College District  
          (Riverside CCD) to charge a fee to students or students and  
          employees in order to fund transportation services, if specific  
          requirements are met.  Specifically,  this bill  :  

          1)Allows a campus of Riverside CCD to establish a fee for  
            transportation services, paid by students and employees using  
            the service or by any of the following groups:

             a)   All students and employees, regardless of whether they  
               use the service, upon the favorable vote to do so by a  
               majority of the students and a majority of the employees of  
               the campus; or,

             b)   All students, regardless of whether they use the  
               service, upon the favorable vote to do so by a majority of  
               the students of the campus; or,

             c)   All students taking at least a specified minimum number  
               of course credits determined by the governing board upon  
               the favorable vote to do so by a majority of those  
               students.  

          2)Allows Riverside CCD to establish a fee for transportation  
            services for students taking at least a specified minimum  
            number of course credits determined by the governing board  
            upon the favorable vote to do so by a majority of those  
            students.  

          3)Requires that any fee charged be pro-rated to a lesser amount  
            for part-time students.  Allows Riverside CCD to adopt rules  
            to exempt low-income students from all or part of this fee.

          4)Prohibits Riverside CCD from entering into or extending a  
            contract for transportation services until a majority of  
            students have voted to support the fee and provides that  








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            Riverside CCD may enter into a transportation contract for up  
            to 10 years from the date of that favorable vote.  Requires  
            Riverside CCD to provide a contracted transportation carrier  
            at least 12 months notice of intent to terminate or alter a  
            contract.

          5)Prohibits Riverside CCD from charging a fee in excess of the  
            costs for transportation services and prohibits the fee from  
            exceeding $60 per semester, $30 for intersession, or the  
            proportional equivalent for a part-time student.  Authorizes  
            Riverside CCD to require persons other than students and  
            employees to pay a fee for use of the transportation services.

          6)Prohibits a fee from being charged for on-campus shuttles or  
            other transportation services operated on or between campuses  
            and parking facilities owned by Riverside CCD.

           EXISTING LAW  applies the aforementioned provisions to Los Rios  
          Community College District (Los Rios CCD), Rio Hondo Community  
          College District (Rio Hondo CCD), and Peralta Community College  
          District (Peralta CCD).  

           FISCAL EFFECT  :   None 

           COMMENTS  :    Background on Los Rios, Rio Hondo and Peralta CCD  
          provisions  :  Existing law authorizes California Community  
          College (CCC) districts, upon a majority vote of students or  
          students and employees, to charge a fee to students or students  
          and employees in order to cover the costs of contracted  
          transportation services.  Low-income students are statutorily  
          exempt from paying the fee.  

          As a result of the increase in student utilization of  
          transportation services and an increase in the CCC Board of  
          Governors Fee Waiver recipients who were exempt from paying the  
          transportation services fee, Los Rios CCD faced rising numbers  
          of users and falling fee revenues.  Without the ability to  
          divide the fee among all students, including low-income  
          students, Los Rios CCD was concerned that the transportation  
          service fee would increase to the point that students would  
          likely not have voted to continue transportation services.  

          In 2006, AB 1968 (Leslie), Chapter 560, Statutes of 2006,  
          authorized Los Rios CCD and Rio Hondo CCD to include low-income  
          students in the fee.  In 2008, with Peralta CCD governing board  








                                                                  AB 774
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          members and student leaders in conversations with the local  
          public transit authority to establish transportation services  
          similar to those at Los Rios CCD.  AB 1980 (Swanson), Chapter  
          145, Statutes of 2008, added Peralta CCD to these provisions.   

           Purpose of this bill  :  According to the author, Western  
          Riverside County has some of the worst air quality in Southern  
          California.  In addition, the traffic on the area's streets and  
          freeways often comes to a standstill, particularly during  
          commuting hours.  Riverside CCD has three campuses in Western  
          Riverside County and enrolls over 34,000 students, each of whom  
          must travel to class, mostly by driving single-occupant  
          vehicles.  This volume of cars adds to the traffic and  
          contributes to the emissions problems harming the communities'  
          environment and quality of life.  

          The author asserts that this bill will lead to the creation of a  
          student-funded transit pass program, in which Riverside CCD  
          students can board all of the Riverside Transit Agency's fixed  
          route and commuter buses and ride free.   The author contends  
          that the benefits of such a program are numerous: removing cars  
          from the congested roads by luring budget-conscious college  
          students onto public transit, thus, decreasing traffic and  
          vehicle emissions and lessening pressure on Riverside CCD to  
          construct additional parking facilities, thus, saving capital  
          dollars for other, more necessary projects.  

           REGISTERED SUPPORT / OPPOSITION :   

           Support 
           
          City of Moreno Valley
          Community Action Partnership of Riverside County
          Councilmember Debbie Franklin, City of Banning
          Riverside Community College District

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Laura Metune / HIGHER ED. / (916)  
          319-3960