February 2, 2016 Bills SB 824 (Beall D) Low Carbon Transit Operations Program Subject Status This bill would amend the Low Carbon Transit SENATE T. & H. Operations Program (LCTOP) to essentially allow an operator to bank or loan its share of these funds. Specifically, SB 824 would allow a recipient that does not submit a project for funding to do the following: Client - Position Recommended Position: Support Accumulate and utilize its funding share at a later date. Loan or transfer its funding share to another operator. Pool its funding share with other operators for an identified project. Reassign any savings allocated to an operators for one project to another eligible project SB 824 would also expand the audits conducted under the Transportation Development Act to include verification of recipient of LCTOP funds and the appropriate expenditure of the LCTOP funds. In addition, SB 824 would allow an operator to apply to Caltrans for a “letter of no prejudice” that would allow an operator to proceed with an eligible project using its own funds and then use LCTOP funds to reimburse the operator. Bills AB 61 (Allen, Travis R) Shuttle services: loading and unloading of passengers. Subject Status Client - Position AB 61 was never heard by the Assembly DEAD Transportation Committee, and is now a twoyear bill. However, we have received notice that the author intends to move this bill in January. This bill would allow a local government to permit private shuttle bus services to use public 1 transit stops if an agreement is reached between the public transit operator and the private shuttle operator. AB 464 Existing law caps the cumulative total amount of VETOED (Mullin D) locally imposed sales taxes at 2%. However, Transactions and many counties are currently at that limit. AB 464 use taxes: would amend existing to adjust the cap up to 3%. maximum combined rate Governor Brown vetoed this measure. While his veto message stated he supported increases for specific counties (i.e. Alameda County & Contra Costa), he was reluctant to increase for all given the number of taxes being discussed for the 2016 ballot. AB 1231 (Wood D) Medi-Cal: nonmedical transportation SUPPORT AB 1231 was vetoed by Governor Brown. This VETOED bill along with other bills expanding Medi-Cal benefits were vetoed because they “require new spending at a time when there is considerable uncertainty in the funding of this program. The Governor stated, “Until the fiscal outlook for Medi-Cal is stabilized, I cannot support any of these measures.” This bill would have added nonmedical transportation, as defined, to the schedule of benefits in the Medi-Cal program administrated by the Department of Health Care Services (DHCS) for beneficiaries who receive services. AB 1231 defines nonmedical transportation to include services by car, taxi, or any other form of public or private conveyance. AB 1250 AB 1250 is sponsored by the CTA. The bill was Signed Into Law (Bloom D) recently amended to include a potential solution Chapter 484, Vehicles: buses: to the bus axle weight issue. In general, the Statutes of 2015 gross axle weight amendments would phase in a curb weight per axle weight of 22,000 pounds for transit vehicles. SUPPORT Establish a two-step process whereby procurements issued after January 1, 2016 must be for vehicles with a curb weight per axle, beginning at 23,000 pounds per axle, and for solicitations issued after January 1, 2019 must have a per axle curb weight of 22,000 pounds. Establishes a declining curb weight per 2 axle for an articulated transit bus or a zero-emission transit bus, beginning at 25,000 pounds per axle, for buses procured through a solicitation issued between January 1, 2016, and December 31, 2017, and ending at ending at 22,000 pounds for buses procured through a solicitation issued on or after January 1, 2022. Require a transit operator operating an articulated transit bus to, by July 1, 2016, and annually thereafter, provide cities and counties a notice providing a description of the approximate routes where the articulated transit bus is scheduled to provide service. Define "curb weight," for purposes of this bill, as the total weight of a fully loaded transit bus, including maximum fuel, oil, and coolant, and all equipment used in the normal operation of the bus, not including passengers or a driver. ACA 4 ACA 4 would amend the Constitution to lower ASSEMBLY APPR – (Frazier D) approval threshold to impose a special sales tax Suspense File Local that provides funding for local transportation government project to 55%. Local transportation projects are transportation defined to include the funding needs for local projects: special streets and roads, state highways and freeways, taxes: voter and public transit systems. ACA 4 does not lower approval. the voter threshold for parcel taxes. ABX1 7 ABX 7 would increase the share of cap & trade ASSEMBLY PRINT (Nazarian D) funds dedicated to transit. The bill would Public transit: increase the amount allocated to the Low funding. Carbon Transit Operations Program from 5% to 10%, and increase the amount allocated to the Transit & Intercity Rail Capital Program from 10% to 20%. ABX1 8 (Chiu D) Diesel sales and use tax. Starting on July 1, 2016, ABX 8 would impose a sales tax on diesel fuel sales of 5.25%. This revenue would be deposited into the Public Transportation Account and allocated to operators through the State Transit Assistance formula. ASSEMBLY PRINT SUPPORT SUPPORT The bill would also sunset the existing 1.75% gas 3 tax swap add-on sales tax imposed on diesel fuel sales on July 1, 2016. Thus replacing the existing 1.75% rate with the 5.25% rate. SB 9 SB 9 makes the following beneficial changes to Signed Into Law (Beall D) the Transit Capital & Intercity Rail Program: Greenhouse Gas Requires CalSTA to consider the extent to Chapter 710, Reduction Fund: which a project reduces GHG emissions in Statutes of 2015 Transit and selecting projects for funding. Intercity Rail Clarifies eligible applicants include bus, Capital Program. rail, and ferry operators. Requires CalSTA, by July 1, 2016, to develop a five-year estimate of revenues of the program in annual increments and adopt an initial program of projects for those five years. Authorizes CalSTA to enter into and execute a multiyear funding agreement with an eligible applicant for a multiyear project. Authorizes a lead applicant agency to apply to CTC for a letter of no prejudice SB 231 (Gaines R) Transportation programs As introduced, SB 231 would amend the Signed Into Law – allocation formula for State Transit Assistance Chapter #286, funds to specify that the population allocation Statutes of 2015 for the Tahoe Regional Planning Agency shall be based on a population of 145,000 persons, even though the actual population is far less than that. SUPPORT OPPOSE UNLESS AMENDED – prior version WATCH OPPOSE UNLESS AMENDED – prior version As approved by the Senate Appropriations Committee, the STA provisions were removed from the bill. With this amendment, CalACT has removed its opposition. Currently, SB 231 would amend the authorizing statute for the Affordable Housing & Sustainable Communities Program and the Low Carbon Transit Operations Program to specifically allow for water borne transit service to qualify for funding. SB 321 (Beall D) Motor vehicle fuel taxes: rates: adjustments. SB 321 is intended to smooth out the up and down spikes to the excise tax adjustment that result from volatile fuel prices. Senate Floor – Inactive File DEAD In short, this bill would allow the BOE to forecast 4 the revenue neutrality calculation based on a five year horizon, rather than the current one year outlook. According to the bill the BOE could also phase in any adjust over three years, as well as authorize the BOE to update the rate on a quarterly rather than an annual basis if conditions warrant. SB 391 (Huff R) Assault and battery: transit employees SB 391 would enhance the penalties for assault DEAD or battery of a transit employee. Specifically SB 391 adds transit employee to the list of individuals, such as police officers, firefighters and medical personnel. The fines for assault or battery of a transit employee would increase to a fine not exceeding $2,000 or up to 1 year in jail, or both. SB 344 (Monning D) Commercial driver's license: education Pursuant to SB 344 in order to obtain a ASSEMBLY APPR – SUPPORT commercial driver's license, an individual must HELD ON SUSPENSE successfully complete a course of instruction FILE from either a commercial motor vehicle driver training institution or a program offered by an employer, and that has been certified by DMV, in addition to successfully completing a written and driving test. SB 344 exempts from these requirements specified existing training programs used by transit operators, such as the “Train the Trainer” program. SB 413 SB 413 is sponsored by the California Transit Signed Into Law (Wieckowski D) Association. This bill would add two more Public transit: activities to the list of activities punishable by a Chapter 765, prohibited fine or administrative penalty when on a transit Statutes of 2015 conduct. vehicle or facility. SB 413 would make failure to comply with a warning related to loud or unreasonable noise subject to a penalty. The bill also removes the exemption of juveniles from the administrative penalties process. The bill was amended to replace the failure to yield a seat reserved for an elderly or disabled person with language that would authorize an operator to adopt an ordinance to enforce 5 failure to yield a seat as an infraction. . SB 508 (Beall D) Transit operations: financial requirements. SB 508 is sponsored by CTA. This bill makes several changes to the fare box recovery ratio calculation and eligibility criteria for STA funds. Signed Into Law Chapter 716, Statutes of 2015 SB 508 makes the following changes: Deletes the fare box recovery requirement that agencies maintain the ratio they achieved in 1978-79. Excludes the principal and interest payments on capital projects funded with certificates of participation. Excludes from the operating cost definition increases in costs beyond the CPI for the cost of fuel, alternative fuel, power, insurance premiums, settlement payments, and state and federal mandates. Clarifies that local funds used to meet the farebox ratio includes any nonstate or nonfederal grants. Replaces the “pass / fail” nature of the STA qualifying criteria, with a sliding scale. SB 508 also clarifies that a portion of local transportation funds can be used educational programs promoting bicycling and pedestrian safety. SBX1 7 Identical to ABX 8, SBX 7 would replace the SENATE APPR (Allen D) existing 1.75% diesel fuel sales tax that was Diesel sales and imposed as part of the gas tax swap with a 5.25% use tax. sales tax rate. SBX1 8 (Hill D) Public transit: funding. SUPPORT Starting on July 1, 2016, SBX 7 would impose a sales tax on diesel fuel sales of 5.25%, and sunset the existing 1.75% sales tax rate imposed on diesel fuel sales. This revenue would be deposited into the Public Transportation Account and allocated to operators through the State Transit Assistance formula. SBX 8 is identical to ABX 7. SENATE APPR SUPPORT SUPPORT SBX 8 would the amount allocated to the Low Carbon Transit Operations Program from 5% to 10%, and increase the amount allocated to the 6 Transit & Intercity Rail Capital Program from 10% to 20%. 7