California Senate Bill SB82 Amended / Bill

 BILL NUMBER: SB 82AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 8, 2010 AMENDED IN ASSEMBLY SEPTEMBER 4, 2009 INTRODUCED BY Senator Hancock  (   Coauthor:   Senator   Pavley   )   (   Coauthor:   Assembly Member   Krekorian   )  JANUARY 20, 2009  An act to add Section 25416.5 to the Public Resources Code, relating to energy.   An act to amend Section 76360 of, to amend and renumber Section 76361.1 of, and to repeal Section 76361 of, the Education Code, relating to community colleges.  LEGISLATIVE COUNSEL'S DIGEST SB 82, as amended, Hancock.  Energy conservation: schools.   Community colleges: parking and transportation fees.   (1) Existing law establishes the California Community Colleges, administered by the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in the state. Existing law establishes community college districts under the administration of community college governing boards and authorizes these districts to provide instruction at community college campuses throughout the state.   Existing law authorizes the governing board of a community college district to require students and employees of the district who use parking services to pay a parking services fee, in an amount not exceeding $40 per semester and $20 per intersession, and requires that the fee not exceed the actual cost of providing parking services. Existing law requires that these fees not exceed $30 per semester and $10 per intersession for students who rideshare or carpool. Existing law authorizes a governing board to require payment of a parking fee in excess of these limits for the purpose of funding construction of on-campus parking facilities under certain conditions.   This bill would increase the limits on the parking services fee to $50 per semester and $25 per intersession, and $35 per semester and $15 per intersession for students who rideshare or carpool. The bill would authorize the governing board of a community college district to increase these fees based on a specified calculation.   (2) Existing law authorizes the governing board of a community college district to require students and employees at a campus of the district to pay a fee for the transportation costs incurred by the district or the costs of reducing fares for services provided by common carriers or municipally owned transit systems to students and employees. Existing law limits the amount of that fee to an amount that does not exceed $60 per semester and $30 per intersession when combined with the parking services fee.   This bill would increase the combined limit of the transportation fee and the parking services fee to $70 per semester or $35 per intersession. The bill would authorize the governing board of a community college district to increase these fees based on a specified calculation.   (3) Existing law prohibits the governing board of community college district from entering into, or extending, a contract for transportation services provided by a common carrier or a municipally owned transit system funded by the proceeds of a transportation fee, unless a majority of the students of the district voting in a specified election approve the payment of the fee for that purpose.   The bill would repeal the provisions that prohibit a governing board from entering into, or extending, a contract for transportation services provided by a common carrier or municipally owned transit system unless approved by a vote of the students.   The Energy Conservation Assistance Act of 1979 establishes, until January 1, 2011, the State Energy Conservation Assistance Account, a continuously appropriated account, that is administered by the State Energy Resources Conservation and Development Commission to provide grants and loans to local government and public institutions, including, among others, schools, to maximize energy use savings.   This bill would require the Controller, upon the request of the commission, to establish the Solar School Subaccount in the State Energy Conservation Assistance Account, which would be available for the deposit of funds, including specified federal funds. The bill would require that the moneys in the subaccount, upon appropriation by the Legislature, be used for the purposes of providing loans to schools for energy efficiency projects and for the installation of solar energy systems.  Vote: majority. Appropriation: no. Fiscal committee:  yes   no  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 76360 of the   Education Code   is amended to read:  76360. (a) (1) The governing board of a community college district may require students in attendance and employees of the district to pay a fee, in an amount, not to exceed  forty dollars ($40)   fifty dollars ($50) per semester and  twenty dollars ($20)   twenty-five dollars ($25)  per intersession, to be established by the board, for parking services. The  fee shall only be required of   board may require only the  students and employees using parking services  to pay the fee  and  the fee  shall not exceed the actual cost of providing parking services. (2) To encourage ridesharing and carpooling, for a student who certifies, in accordance with procedures established by the board, that he or she regularly has two or more passengers commuting to the community college with him or her in the vehicle parked at the community college, the fee shall not exceed  thirty dollars ($30)   thirty-five dollars ($35)  per semester and  ten dollars ($10)   fifteen dollars ($15)  per intersession.  (3) Notwithstanding paragraphs (1) and (2), in any fiscal year, the governing board of a community college district may increase a fee authorized by this subdivision by the same percentage as the increase in the Implicit Price Deflator for State and Local Government Purchases of Goods and Services published by the United States Department of Commerce.  (b) (1) The governing board may require payment of a parking fee at a campus in excess of the limits set forth in subdivision (a) for the purpose of funding the construction of on-campus parking facilities if both of the following conditions exist at the campus: (A) The  number of  full-time equivalent  students  (FTES) per parking space on the campus exceeds the statewide average FTES per parking space on community college campuses. (B) The market price per square foot of land adjacent to the campus exceeds the statewide average market price per square foot of land adjacent to community college campuses. (2) If the governing board requires payment of a parking fee in excess of the limits set forth in subdivision (a), the fee  may  shall  not exceed the actual cost of constructing a parking structure. (c) Students who receive financial assistance pursuant to any programs described in subdivision (g) of Section 76300 shall be exempt from parking fees imposed pursuant to this section that exceed twenty dollars ($20) per semester. (d) The governing board of a community college district may also require the payment of a fee, to be established by the governing board, for the use of parking services by persons other than students and employees. (e) All parking fees collected shall be deposited in the designated fund of the district in accordance with the California Community Colleges Budget and Accounting Manual, and shall be expended only for parking services or for purposes of reducing the costs to students and employees of the college of using public transportation to and from the college. (f) Fees collected for use of parking services provided for by investment of student body funds under the authority of Section 76064 shall be deposited in a designated fund in accordance with the California Community Colleges Budget and Accounting Manual for repayment to the student organization. (g) "Parking services," as used in this section, means the purchase, construction, and operation and maintenance of parking facilities for vehicles and motor vehicles  ,  as defined by Sections 415 and 670 of the Vehicle Code.  SEC. 2.   Section 76361 of the   Education Code   is repealed.   76361. (a) The governing board of a community college district may require students in attendance and employees at a campus of the district to pay a fee for purposes of partially or fully recovering transportation costs incurred by the district or of reducing fares for services provided by common carriers or municipally owned transit systems to these students and employees. (b) Fees authorized by subdivision (a) for transportation services may be required to be paid only by students and employees using the services, or, in the alternative, by either of the following groups of people: (1) Upon the favorable vote of a majority of the students and a majority of the employees of a campus of the district, who voted at an election on the question of whether or not the governing board should require all students and employees at the campus to pay a fee for transportation services for a period of time to be determined by the governing board of the district, the fees may be required to be paid by all students and all employees of the campus of the community college district. (2) Upon the favorable vote of a majority of the students at a campus of the district, who voted at an election on the question of whether or not the governing board should require all students to pay a fee for transportation services for a period of time to be determined by the governing board of the district, the fees may be required to be paid by all students at the campus of the community college district. However, the employees shall not be entitled to use the services. (c) If, pursuant to this section, a fee is required of students for transportation services, any fee required of a part-time student shall be a pro rata lesser amount than the fee charged to full-time students, depending on the number of units for which the part-time student is enrolled. In addition, a governing board maintaining transportation services shall adopt rules and regulations governing the exemption of low-income students from required fees, and may adopt rules and regulations that provide for the exemption of others. (d) The total fees to be established periodically by the governing board pursuant to this section shall not exceed the amount necessary to reimburse the district for transportation costs incurred by the district in providing the transportation service. The sum of the fee authorized pursuant to this section for transportation services and the fee authorized pursuant to Section 76360 for parking services shall not exceed sixty dollars ($60) per semester or thirty dollars ($30) per intersession, or the proportionate equivalent for part-time enrollment. (e) The governing board of a community college district also may require the payment of a fee, to be fixed by the governing board, for the use of transportation services by persons other than students and employees. (f) This section does not apply to, and no fee shall be charged for, on-campus shuttles or other transportation services operated on a campus or between the campus and parking facilities owned by the district.   SEC. 3.   Section 76361.1 of the   Education Code   is amended and renumbered to read:   76361.1.   76361.  (a)  Notwithstanding any other law, a   The governing board of a  community college district may require  that a fee authorized by subdivision (a) of Section 76361 for transportation services be   students in attendance and employees at a campus of the district to pay a fee for purposes of partially or fully recovering   transportation costs incurred by the district or of reducing fares for services provided by common carriers or municipally owned transit systems to these students and employees.   (b)     Fees authorized by subdivision (a) for transportation services may be required to be  paid only by students and employees using the services, or, in the alternative, by any of the following groups of people: (1) Upon the favorable vote of a majority of the students and a majority of the employees of a campus of the district, who voted at an election on the question of whether or not the governing board should require all students and employees at the campus to pay a fee for transportation services for a period of time to be determined by the governing board of the district, the fees may be required to be paid by all students, other than those students who are exempt from the fees pursuant to  paragraph (1) of subdivision (b)   subdivision (c)  , and all employees of the campus of the community college district. (2) Upon the favorable vote of a majority of the students at a campus of the district, who voted at an election on the question of whether or not the governing board should require all students to pay a fee for transportation services for a period of time to be determined by the governing board of the district, the fees may be required to be paid by all students, other than those students who are exempt from the fees pursuant to  paragraph (1) of subdivision (b)   subdivision (c)  , at the campus of the community college district. However, the employees shall not be entitled to use the services. (3) Upon the favorable vote of a majority of the students at a campus of the district taking a specified number of course credits for a specified duration, to be determined by the governing board, who voted at an election on the question of whether or not the governing board should require all students taking that prescribed number of course credits to pay a fee for transportation services for a period of time to be determined by the governing board of the district, the fees may be required to be paid by those students taking the prescribed number of course credits, except those students who are exempt from the fees pursuant to  paragraph (1) of subdivision (b)   subdivision (c)  , at the campus of the community college district. However, the employees shall not be entitled to use the services.  (b) (1)   (c)    If  , pursuant to Section 76361,  a fee is required of students for transportation services  pursuant to paragraph (1) or (2) of subdivision (b)  ,  any   the  fee required of a part-time student shall be a pro rata lesser amount than the fee charged to full-time students, depending on the number of units for which the part-time student is enrolled. Notwithstanding any other  provision of  law, the governing board of a community college district  to which this section applies  that provides for transportation services may adopt rules and regulations to exempt low-income students from this fee, or to require low-income students to pay all or part of this fee.  (2)   (d)  Notwithstanding any other  provision of  law:  (A) The governing board of a community college district to which this section applies shall not enter into, or extend, a contract for transportation services provided by a common carrier or a municipally owned transit system, funded by the proceeds of a fee authorized under this section, unless and until a majority of the students of that district who vote in an election, held no more than 10 years prior to the date of the expiration of the contract proposed to be entered into or no more than 10 years prior to the date to which it is proposed that an existing contract be extended, have approved the payment of the fee for this purpose. An   (1)     An  election held pursuant to this  subparagraph   section  shall be held in accordance with regulations adopted by the board of governors to ensure that the election is publicly noticed and that all students, including full-time, part-time, evening, and weekend students, have an opportunity to vote in the election.  (B)   (2)  If the governing board of a community college district  to which this section applies  decides to seek to terminate or alter the arrangements under which the district receives transportation services from a common carrier or municipally owned transit system, the governing board shall provide at least 12 months' notice of that intention to the provider of transportation services.  (c) A community college district to which this section applies is subject to subdivisions (d), (e), and (f) of Section 76361.   (e) (1) The total fees to be established periodically by the governing board pursuant to this section shall not exceed the amount necessary to reimburse the district for transportation costs incurred by the district in providing the transportation service. The sum of the fee authorized pursuant to this section for transportation services and the fee authorized pursuant to Section 76360 for parking services shall not exceed seventy dollars ($70) per semester or thirty-five dollars ($35) per intersession, or the proportionate equivalent for part-time enrollment.   (2) Notwithstanding paragraph (1), in any fiscal year, the governing board of a community college district may increase a fee authorized by this subdivision by the same percentage as the increase in the Implicit Price Deflator for State and Local Government Purchases of Goods and Services published by the United States Department of Commerce.   (f) The governing board of a community college district also may require the payment of a fee, to be fixed by the governing board, for the use of transportation services by persons other than students and employees.   (g) This section does not apply to, and a fee shall not be charged for, on-campus shuttles or other transportation services operated on a campus or between the campus and parking facilities owned by the district.   SECTION 1.   Section 25416.5 is added to the Public Resources Code, to read: 25416.5. (a) Upon the request of the commission, the Controller shall establish the Solar School Subaccount in the State Energy Conservation Assistance Account. The subaccount established shall be available for the deposit of funds, including, but not limited to, the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5). (b) Moneys in the subaccount shall, upon appropriation by the Legislature, be used by the commission for loans to schools at an interest rate established pursuant to subdivision (c) for energy efficiency projects and for the installation of solar energy systems pursuant to this chapter. (c) (1) Except as provided in paragraph (2), the interest rate for loans allocated from the subaccount shall be the same as that provided in Section 25415. (2) The interest rate for loans allocated from moneys in the subaccount that are derived from the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5) shall be 40 percent of the interest rate provided in Section 25415.