California 2021 2021-2022 Regular Session

California Senate Bill SB1161 Introduced / Bill

Filed 02/17/2022

                    CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1161Introduced by Senator MinFebruary 17, 2022 An act to add Section 99177 to the Public Utilities Code, relating to transportation.LEGISLATIVE COUNSEL'S DIGESTSB 1161, as introduced, Min. Transit districts: street harassment initiatives.Existing law creates various transit districts throughout the state, with specified powers and duties relative to providing public transit service. Existing law provides various provisions applicable to all public transit and transit districts.This bill would require certain transit districts to develop and implement initiatives to address the street harassment, as defined, of persons traveling by their systems at any point along the whole journey, as defined, and to consider the safety concerns and needs of these persons when planning, designing, and operating their systems. The bill would require these initiatives to be developed based on specified ridership data and in coordination and consultation with persons who travel by their systems, and would require those transit agencies to conduct outreach in multiple languages in order to reach limited English proficient persons impacted by street harassment. The bill would require these initiatives to include changes to policies, design, operations, or other aspects of transit systems, as specified. To the extent the bill imposes additional duties on a local agency, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Public transportation ensures that each person may enjoy the freedom of movement. Providing a safe journey for women and other vulnerable communities will increase ridership throughout the public transit system.(b) The State of California would benefit from an expanded concept of ridership safety. Transit districts must go beyond their traditional definition that refers exclusively to physical infrastructure and prevention of bodily injury to riders, cyclists, and pedestrians. An expanded understanding of safety is necessary. Safety is not merely the freedom from harm but also the freedom to move by fully accessing public transit without street harassment.(c) Street harassment on public transit diminishes ridership growth, undermines riders safety, hurts all riders, and can reinforce social inequality and economic hardship throughout a riders lifetime.(d) Women are often the targets of street harassment on public transit. Such harassment includes unwanted sexual and racialized comments and slurs, whistling, leering, and other intimidating actions. According to a 2019 statewide study by the University of California, San Diego Center on Gender Equity and Health, 77 percent of women experience sexual harassment in a public space, including 29 percent on mass transit. Furthermore, women who identify as lesbian or bisexual are more likely to report experiencing sexual harassment than straight women.(e) According to a 2019 report by Los Angeles Metro Rail, safety is the primary barrier to riding transit for women. Fear of harassment leads to behavioral adjustments and precautions by women riders, including leaving a bus or train mid-trip to avoid harassment, avoiding travel in the evening, avoiding certain settings such as crowded buses, and not walking alone.(f) Low-income women face even greater barriers to movement, including safety concerns, poor walking environments, lower access to drivers licenses, and transit inefficiencies such as long travel times and infrequent service. Unlike more affluent women, low-income women have fewer private transportation options.(g) Women of color on public transit experience even more threats to their safety. According to the Los Angeles Department of Transportation, women of color report feeling more unsafe on public transportation than women who identify as white.(h) Data collected by the Stop AAPI Hate coalition finds that nearly 40 percent of the nationwide acts of hate against Asian Americans and Pacific Islanders happen in California, and hate incidents involving women make up nearly two-thirds of all reports in the state. Most of these hate incidents involve verbal harassment and occur in public spaces, including public transit.(i) Despite more violations to their safety on public transit, women of color are also more dependent on public transit. According to the Center for American Progress, women of color experience a persistent gender wage gap in conjunction with racial bias in the workplace, which leaves them perpetually underpaid. Without the economic means for private transportation options, women of color are more likely to be dependent on public transportation.(j) Riders significantly underreport instances of street harassment. Research published by the University of California, Los Angeles Lewis Center for Regional Policy Studies finds that only 10 percent of people who experienced or observed sexual harassment on transit reported the incident. Research collected by the Mineta Transportation Institute at San Jose State University finds that street harassment is underreported globally as women are often embarrassed and reluctant to report when public culture puts the blame on the victims of harassment.(k) The Legislature affirms that every rider has a right to be protected from street harassment. Each transit district has a responsibility to respond effectively when street harassment is reported to, or observed by, transit district staff, including bus and rail drivers.(l) Protecting transit riders safety, including the right to a transit journey free from street harassment, is a public policy priority. Street harassment on public transit prevents equal access to transportation as required under California law.(m) Public transit systems can increase ridership by ensuring all riders travel safely and free from street harassment. When riders feel safe walking to transit stops, waiting at transit stops, and riding transit, they will increasingly use public transit. In turn, the growing ridership enables the public transit system to thrive. SEC. 2. Section 99177 is added to the Public Utilities Code, immediately following Section 99176, to read:99177. (a) For the purpose of this section, the following definitions apply:(1) Street harassment means words, gestures, or actions directed at a specific person in a public place, without the consent of that person, based on the persons actual or perceived race, ethnicity, religion, age, sex, gender, gender identity, gender expression, or sexual orientation, that the person experiences as intimidating, alarming, terrorizing, or threatening to their safety.(2) Transit districts means the 10 transit districts with the highest ridership volume in the state.(3) Whole journey means walking to and from public transit stops, waiting at public transit stops, and riding public transit vehicles.(b) The Legislature recognizes that the safety of persons traveling by public transit in the state includes the right to be free from street harassment during the whole journey.(c) (1) Transit districts shall develop and implement initiatives to address the street harassment of persons traveling by their systems, and shall consider the safety concerns and needs of these persons when planning, designing, and operating their systems.(2) (A) Transit districts shall develop these initiatives based on ridership data, which may be quantitative or qualitative in nature. Quantitative data shall be categorized by race, ethnicity, religion, age, sex, gender, gender identity, gender expression, and sexual orientation. Transit districts may rely on new or existing sources of ridership data, provided that any quantitative data is categorized by race, ethnicity, religion, age, sex, gender, gender identity, gender expression, and sexual orientation.(B) Ridership data may include, but is not limited to, all of the following:(i) Whether a person traveling by public transit experiences street harassment at any point along the whole journey.(ii) The frequency that a person experiences street harassment during the whole journey.(iii) Where and when a person experiences street harassment.(iv) On what mode of transit a person experiences street harassment.(v) What type of street harassment is experienced.(vi) Whether a person experiencing street harassment is traveling alone or accompanied by others.(vii) Whether a person experiencing street harassment reported the incident and to whom.(viii) The persons perceptions of safety throughout the whole journey.(3) Transit districts shall develop these initiatives in coordination and consultation with persons who travel by their systems. These persons shall include persons who are at increased or disproportionate risk of experiencing street harassment, and persons who are underrepresented in surveys and other traditional data sources or who are otherwise hard to reach. These persons may include, but are not limited to, women, non-English speaking riders, and LGBTQ riders. Transit agencies shall conduct outreach in multiple languages in order to reach limited English proficient persons impacted by street harassment.(4) These initiatives shall include changes to policies, design, operations, or other aspects of transit systems, and may include, but are not limited to, all of the following:(A) Performing safety audits of transit systems or parts thereof that consider the experiences of riders by gender.(B) Developing a rubric, questionnaire, or other tool to analyze and understand the impacts of prospective changes to transit system policies, design, or operations on riders by gender or other characteristics such as socioeconomic status.(C) Increasing the presence of transit staff who are not transit police or other law enforcement.(D) Improving the physical infrastructure of transit vehicles, stations, and stops to increase the safety and perception of safety for riders.(E) Improving the frequency, timing, and reliability of service.(F) Implementing on-demand stops for riders who travel at night.(G) Training transit staff on how to respond to and report incidents of street harassment in accordance with any legal obligations or transit district policies.(H) Conducting educational and awareness raising campaigns regarding street harassment.(d) Eligible federal funds, State Transportation Assistance Program funds pursuant to Section 99313.6, or moneys appropriated through the annual Budget Act may be used by transit districts to meet the requirements of this section.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1161Introduced by Senator MinFebruary 17, 2022 An act to add Section 99177 to the Public Utilities Code, relating to transportation.LEGISLATIVE COUNSEL'S DIGESTSB 1161, as introduced, Min. Transit districts: street harassment initiatives.Existing law creates various transit districts throughout the state, with specified powers and duties relative to providing public transit service. Existing law provides various provisions applicable to all public transit and transit districts.This bill would require certain transit districts to develop and implement initiatives to address the street harassment, as defined, of persons traveling by their systems at any point along the whole journey, as defined, and to consider the safety concerns and needs of these persons when planning, designing, and operating their systems. The bill would require these initiatives to be developed based on specified ridership data and in coordination and consultation with persons who travel by their systems, and would require those transit agencies to conduct outreach in multiple languages in order to reach limited English proficient persons impacted by street harassment. The bill would require these initiatives to include changes to policies, design, operations, or other aspects of transit systems, as specified. To the extent the bill imposes additional duties on a local agency, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES 





 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION

 Senate Bill 

No. 1161

Introduced by Senator MinFebruary 17, 2022

Introduced by Senator Min
February 17, 2022

 An act to add Section 99177 to the Public Utilities Code, relating to transportation.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 1161, as introduced, Min. Transit districts: street harassment initiatives.

Existing law creates various transit districts throughout the state, with specified powers and duties relative to providing public transit service. Existing law provides various provisions applicable to all public transit and transit districts.This bill would require certain transit districts to develop and implement initiatives to address the street harassment, as defined, of persons traveling by their systems at any point along the whole journey, as defined, and to consider the safety concerns and needs of these persons when planning, designing, and operating their systems. The bill would require these initiatives to be developed based on specified ridership data and in coordination and consultation with persons who travel by their systems, and would require those transit agencies to conduct outreach in multiple languages in order to reach limited English proficient persons impacted by street harassment. The bill would require these initiatives to include changes to policies, design, operations, or other aspects of transit systems, as specified. To the extent the bill imposes additional duties on a local agency, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law creates various transit districts throughout the state, with specified powers and duties relative to providing public transit service. Existing law provides various provisions applicable to all public transit and transit districts.

This bill would require certain transit districts to develop and implement initiatives to address the street harassment, as defined, of persons traveling by their systems at any point along the whole journey, as defined, and to consider the safety concerns and needs of these persons when planning, designing, and operating their systems. The bill would require these initiatives to be developed based on specified ridership data and in coordination and consultation with persons who travel by their systems, and would require those transit agencies to conduct outreach in multiple languages in order to reach limited English proficient persons impacted by street harassment. The bill would require these initiatives to include changes to policies, design, operations, or other aspects of transit systems, as specified. To the extent the bill imposes additional duties on a local agency, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Public transportation ensures that each person may enjoy the freedom of movement. Providing a safe journey for women and other vulnerable communities will increase ridership throughout the public transit system.(b) The State of California would benefit from an expanded concept of ridership safety. Transit districts must go beyond their traditional definition that refers exclusively to physical infrastructure and prevention of bodily injury to riders, cyclists, and pedestrians. An expanded understanding of safety is necessary. Safety is not merely the freedom from harm but also the freedom to move by fully accessing public transit without street harassment.(c) Street harassment on public transit diminishes ridership growth, undermines riders safety, hurts all riders, and can reinforce social inequality and economic hardship throughout a riders lifetime.(d) Women are often the targets of street harassment on public transit. Such harassment includes unwanted sexual and racialized comments and slurs, whistling, leering, and other intimidating actions. According to a 2019 statewide study by the University of California, San Diego Center on Gender Equity and Health, 77 percent of women experience sexual harassment in a public space, including 29 percent on mass transit. Furthermore, women who identify as lesbian or bisexual are more likely to report experiencing sexual harassment than straight women.(e) According to a 2019 report by Los Angeles Metro Rail, safety is the primary barrier to riding transit for women. Fear of harassment leads to behavioral adjustments and precautions by women riders, including leaving a bus or train mid-trip to avoid harassment, avoiding travel in the evening, avoiding certain settings such as crowded buses, and not walking alone.(f) Low-income women face even greater barriers to movement, including safety concerns, poor walking environments, lower access to drivers licenses, and transit inefficiencies such as long travel times and infrequent service. Unlike more affluent women, low-income women have fewer private transportation options.(g) Women of color on public transit experience even more threats to their safety. According to the Los Angeles Department of Transportation, women of color report feeling more unsafe on public transportation than women who identify as white.(h) Data collected by the Stop AAPI Hate coalition finds that nearly 40 percent of the nationwide acts of hate against Asian Americans and Pacific Islanders happen in California, and hate incidents involving women make up nearly two-thirds of all reports in the state. Most of these hate incidents involve verbal harassment and occur in public spaces, including public transit.(i) Despite more violations to their safety on public transit, women of color are also more dependent on public transit. According to the Center for American Progress, women of color experience a persistent gender wage gap in conjunction with racial bias in the workplace, which leaves them perpetually underpaid. Without the economic means for private transportation options, women of color are more likely to be dependent on public transportation.(j) Riders significantly underreport instances of street harassment. Research published by the University of California, Los Angeles Lewis Center for Regional Policy Studies finds that only 10 percent of people who experienced or observed sexual harassment on transit reported the incident. Research collected by the Mineta Transportation Institute at San Jose State University finds that street harassment is underreported globally as women are often embarrassed and reluctant to report when public culture puts the blame on the victims of harassment.(k) The Legislature affirms that every rider has a right to be protected from street harassment. Each transit district has a responsibility to respond effectively when street harassment is reported to, or observed by, transit district staff, including bus and rail drivers.(l) Protecting transit riders safety, including the right to a transit journey free from street harassment, is a public policy priority. Street harassment on public transit prevents equal access to transportation as required under California law.(m) Public transit systems can increase ridership by ensuring all riders travel safely and free from street harassment. When riders feel safe walking to transit stops, waiting at transit stops, and riding transit, they will increasingly use public transit. In turn, the growing ridership enables the public transit system to thrive. SEC. 2. Section 99177 is added to the Public Utilities Code, immediately following Section 99176, to read:99177. (a) For the purpose of this section, the following definitions apply:(1) Street harassment means words, gestures, or actions directed at a specific person in a public place, without the consent of that person, based on the persons actual or perceived race, ethnicity, religion, age, sex, gender, gender identity, gender expression, or sexual orientation, that the person experiences as intimidating, alarming, terrorizing, or threatening to their safety.(2) Transit districts means the 10 transit districts with the highest ridership volume in the state.(3) Whole journey means walking to and from public transit stops, waiting at public transit stops, and riding public transit vehicles.(b) The Legislature recognizes that the safety of persons traveling by public transit in the state includes the right to be free from street harassment during the whole journey.(c) (1) Transit districts shall develop and implement initiatives to address the street harassment of persons traveling by their systems, and shall consider the safety concerns and needs of these persons when planning, designing, and operating their systems.(2) (A) Transit districts shall develop these initiatives based on ridership data, which may be quantitative or qualitative in nature. Quantitative data shall be categorized by race, ethnicity, religion, age, sex, gender, gender identity, gender expression, and sexual orientation. Transit districts may rely on new or existing sources of ridership data, provided that any quantitative data is categorized by race, ethnicity, religion, age, sex, gender, gender identity, gender expression, and sexual orientation.(B) Ridership data may include, but is not limited to, all of the following:(i) Whether a person traveling by public transit experiences street harassment at any point along the whole journey.(ii) The frequency that a person experiences street harassment during the whole journey.(iii) Where and when a person experiences street harassment.(iv) On what mode of transit a person experiences street harassment.(v) What type of street harassment is experienced.(vi) Whether a person experiencing street harassment is traveling alone or accompanied by others.(vii) Whether a person experiencing street harassment reported the incident and to whom.(viii) The persons perceptions of safety throughout the whole journey.(3) Transit districts shall develop these initiatives in coordination and consultation with persons who travel by their systems. These persons shall include persons who are at increased or disproportionate risk of experiencing street harassment, and persons who are underrepresented in surveys and other traditional data sources or who are otherwise hard to reach. These persons may include, but are not limited to, women, non-English speaking riders, and LGBTQ riders. Transit agencies shall conduct outreach in multiple languages in order to reach limited English proficient persons impacted by street harassment.(4) These initiatives shall include changes to policies, design, operations, or other aspects of transit systems, and may include, but are not limited to, all of the following:(A) Performing safety audits of transit systems or parts thereof that consider the experiences of riders by gender.(B) Developing a rubric, questionnaire, or other tool to analyze and understand the impacts of prospective changes to transit system policies, design, or operations on riders by gender or other characteristics such as socioeconomic status.(C) Increasing the presence of transit staff who are not transit police or other law enforcement.(D) Improving the physical infrastructure of transit vehicles, stations, and stops to increase the safety and perception of safety for riders.(E) Improving the frequency, timing, and reliability of service.(F) Implementing on-demand stops for riders who travel at night.(G) Training transit staff on how to respond to and report incidents of street harassment in accordance with any legal obligations or transit district policies.(H) Conducting educational and awareness raising campaigns regarding street harassment.(d) Eligible federal funds, State Transportation Assistance Program funds pursuant to Section 99313.6, or moneys appropriated through the annual Budget Act may be used by transit districts to meet the requirements of this section.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. The Legislature finds and declares all of the following:(a) Public transportation ensures that each person may enjoy the freedom of movement. Providing a safe journey for women and other vulnerable communities will increase ridership throughout the public transit system.(b) The State of California would benefit from an expanded concept of ridership safety. Transit districts must go beyond their traditional definition that refers exclusively to physical infrastructure and prevention of bodily injury to riders, cyclists, and pedestrians. An expanded understanding of safety is necessary. Safety is not merely the freedom from harm but also the freedom to move by fully accessing public transit without street harassment.(c) Street harassment on public transit diminishes ridership growth, undermines riders safety, hurts all riders, and can reinforce social inequality and economic hardship throughout a riders lifetime.(d) Women are often the targets of street harassment on public transit. Such harassment includes unwanted sexual and racialized comments and slurs, whistling, leering, and other intimidating actions. According to a 2019 statewide study by the University of California, San Diego Center on Gender Equity and Health, 77 percent of women experience sexual harassment in a public space, including 29 percent on mass transit. Furthermore, women who identify as lesbian or bisexual are more likely to report experiencing sexual harassment than straight women.(e) According to a 2019 report by Los Angeles Metro Rail, safety is the primary barrier to riding transit for women. Fear of harassment leads to behavioral adjustments and precautions by women riders, including leaving a bus or train mid-trip to avoid harassment, avoiding travel in the evening, avoiding certain settings such as crowded buses, and not walking alone.(f) Low-income women face even greater barriers to movement, including safety concerns, poor walking environments, lower access to drivers licenses, and transit inefficiencies such as long travel times and infrequent service. Unlike more affluent women, low-income women have fewer private transportation options.(g) Women of color on public transit experience even more threats to their safety. According to the Los Angeles Department of Transportation, women of color report feeling more unsafe on public transportation than women who identify as white.(h) Data collected by the Stop AAPI Hate coalition finds that nearly 40 percent of the nationwide acts of hate against Asian Americans and Pacific Islanders happen in California, and hate incidents involving women make up nearly two-thirds of all reports in the state. Most of these hate incidents involve verbal harassment and occur in public spaces, including public transit.(i) Despite more violations to their safety on public transit, women of color are also more dependent on public transit. According to the Center for American Progress, women of color experience a persistent gender wage gap in conjunction with racial bias in the workplace, which leaves them perpetually underpaid. Without the economic means for private transportation options, women of color are more likely to be dependent on public transportation.(j) Riders significantly underreport instances of street harassment. Research published by the University of California, Los Angeles Lewis Center for Regional Policy Studies finds that only 10 percent of people who experienced or observed sexual harassment on transit reported the incident. Research collected by the Mineta Transportation Institute at San Jose State University finds that street harassment is underreported globally as women are often embarrassed and reluctant to report when public culture puts the blame on the victims of harassment.(k) The Legislature affirms that every rider has a right to be protected from street harassment. Each transit district has a responsibility to respond effectively when street harassment is reported to, or observed by, transit district staff, including bus and rail drivers.(l) Protecting transit riders safety, including the right to a transit journey free from street harassment, is a public policy priority. Street harassment on public transit prevents equal access to transportation as required under California law.(m) Public transit systems can increase ridership by ensuring all riders travel safely and free from street harassment. When riders feel safe walking to transit stops, waiting at transit stops, and riding transit, they will increasingly use public transit. In turn, the growing ridership enables the public transit system to thrive. 

SECTION 1. The Legislature finds and declares all of the following:(a) Public transportation ensures that each person may enjoy the freedom of movement. Providing a safe journey for women and other vulnerable communities will increase ridership throughout the public transit system.(b) The State of California would benefit from an expanded concept of ridership safety. Transit districts must go beyond their traditional definition that refers exclusively to physical infrastructure and prevention of bodily injury to riders, cyclists, and pedestrians. An expanded understanding of safety is necessary. Safety is not merely the freedom from harm but also the freedom to move by fully accessing public transit without street harassment.(c) Street harassment on public transit diminishes ridership growth, undermines riders safety, hurts all riders, and can reinforce social inequality and economic hardship throughout a riders lifetime.(d) Women are often the targets of street harassment on public transit. Such harassment includes unwanted sexual and racialized comments and slurs, whistling, leering, and other intimidating actions. According to a 2019 statewide study by the University of California, San Diego Center on Gender Equity and Health, 77 percent of women experience sexual harassment in a public space, including 29 percent on mass transit. Furthermore, women who identify as lesbian or bisexual are more likely to report experiencing sexual harassment than straight women.(e) According to a 2019 report by Los Angeles Metro Rail, safety is the primary barrier to riding transit for women. Fear of harassment leads to behavioral adjustments and precautions by women riders, including leaving a bus or train mid-trip to avoid harassment, avoiding travel in the evening, avoiding certain settings such as crowded buses, and not walking alone.(f) Low-income women face even greater barriers to movement, including safety concerns, poor walking environments, lower access to drivers licenses, and transit inefficiencies such as long travel times and infrequent service. Unlike more affluent women, low-income women have fewer private transportation options.(g) Women of color on public transit experience even more threats to their safety. According to the Los Angeles Department of Transportation, women of color report feeling more unsafe on public transportation than women who identify as white.(h) Data collected by the Stop AAPI Hate coalition finds that nearly 40 percent of the nationwide acts of hate against Asian Americans and Pacific Islanders happen in California, and hate incidents involving women make up nearly two-thirds of all reports in the state. Most of these hate incidents involve verbal harassment and occur in public spaces, including public transit.(i) Despite more violations to their safety on public transit, women of color are also more dependent on public transit. According to the Center for American Progress, women of color experience a persistent gender wage gap in conjunction with racial bias in the workplace, which leaves them perpetually underpaid. Without the economic means for private transportation options, women of color are more likely to be dependent on public transportation.(j) Riders significantly underreport instances of street harassment. Research published by the University of California, Los Angeles Lewis Center for Regional Policy Studies finds that only 10 percent of people who experienced or observed sexual harassment on transit reported the incident. Research collected by the Mineta Transportation Institute at San Jose State University finds that street harassment is underreported globally as women are often embarrassed and reluctant to report when public culture puts the blame on the victims of harassment.(k) The Legislature affirms that every rider has a right to be protected from street harassment. Each transit district has a responsibility to respond effectively when street harassment is reported to, or observed by, transit district staff, including bus and rail drivers.(l) Protecting transit riders safety, including the right to a transit journey free from street harassment, is a public policy priority. Street harassment on public transit prevents equal access to transportation as required under California law.(m) Public transit systems can increase ridership by ensuring all riders travel safely and free from street harassment. When riders feel safe walking to transit stops, waiting at transit stops, and riding transit, they will increasingly use public transit. In turn, the growing ridership enables the public transit system to thrive. 

SECTION 1. The Legislature finds and declares all of the following:

### SECTION 1.

(a) Public transportation ensures that each person may enjoy the freedom of movement. Providing a safe journey for women and other vulnerable communities will increase ridership throughout the public transit system.

(b) The State of California would benefit from an expanded concept of ridership safety. Transit districts must go beyond their traditional definition that refers exclusively to physical infrastructure and prevention of bodily injury to riders, cyclists, and pedestrians. An expanded understanding of safety is necessary. Safety is not merely the freedom from harm but also the freedom to move by fully accessing public transit without street harassment.

(c) Street harassment on public transit diminishes ridership growth, undermines riders safety, hurts all riders, and can reinforce social inequality and economic hardship throughout a riders lifetime.

(d) Women are often the targets of street harassment on public transit. Such harassment includes unwanted sexual and racialized comments and slurs, whistling, leering, and other intimidating actions. According to a 2019 statewide study by the University of California, San Diego Center on Gender Equity and Health, 77 percent of women experience sexual harassment in a public space, including 29 percent on mass transit. Furthermore, women who identify as lesbian or bisexual are more likely to report experiencing sexual harassment than straight women.

(e) According to a 2019 report by Los Angeles Metro Rail, safety is the primary barrier to riding transit for women. Fear of harassment leads to behavioral adjustments and precautions by women riders, including leaving a bus or train mid-trip to avoid harassment, avoiding travel in the evening, avoiding certain settings such as crowded buses, and not walking alone.

(f) Low-income women face even greater barriers to movement, including safety concerns, poor walking environments, lower access to drivers licenses, and transit inefficiencies such as long travel times and infrequent service. Unlike more affluent women, low-income women have fewer private transportation options.

(g) Women of color on public transit experience even more threats to their safety. According to the Los Angeles Department of Transportation, women of color report feeling more unsafe on public transportation than women who identify as white.

(h) Data collected by the Stop AAPI Hate coalition finds that nearly 40 percent of the nationwide acts of hate against Asian Americans and Pacific Islanders happen in California, and hate incidents involving women make up nearly two-thirds of all reports in the state. Most of these hate incidents involve verbal harassment and occur in public spaces, including public transit.

(i) Despite more violations to their safety on public transit, women of color are also more dependent on public transit. According to the Center for American Progress, women of color experience a persistent gender wage gap in conjunction with racial bias in the workplace, which leaves them perpetually underpaid. Without the economic means for private transportation options, women of color are more likely to be dependent on public transportation.

(j) Riders significantly underreport instances of street harassment. Research published by the University of California, Los Angeles Lewis Center for Regional Policy Studies finds that only 10 percent of people who experienced or observed sexual harassment on transit reported the incident. Research collected by the Mineta Transportation Institute at San Jose State University finds that street harassment is underreported globally as women are often embarrassed and reluctant to report when public culture puts the blame on the victims of harassment.

(k) The Legislature affirms that every rider has a right to be protected from street harassment. Each transit district has a responsibility to respond effectively when street harassment is reported to, or observed by, transit district staff, including bus and rail drivers.

(l) Protecting transit riders safety, including the right to a transit journey free from street harassment, is a public policy priority. Street harassment on public transit prevents equal access to transportation as required under California law.

(m) Public transit systems can increase ridership by ensuring all riders travel safely and free from street harassment. When riders feel safe walking to transit stops, waiting at transit stops, and riding transit, they will increasingly use public transit. In turn, the growing ridership enables the public transit system to thrive. 

SEC. 2. Section 99177 is added to the Public Utilities Code, immediately following Section 99176, to read:99177. (a) For the purpose of this section, the following definitions apply:(1) Street harassment means words, gestures, or actions directed at a specific person in a public place, without the consent of that person, based on the persons actual or perceived race, ethnicity, religion, age, sex, gender, gender identity, gender expression, or sexual orientation, that the person experiences as intimidating, alarming, terrorizing, or threatening to their safety.(2) Transit districts means the 10 transit districts with the highest ridership volume in the state.(3) Whole journey means walking to and from public transit stops, waiting at public transit stops, and riding public transit vehicles.(b) The Legislature recognizes that the safety of persons traveling by public transit in the state includes the right to be free from street harassment during the whole journey.(c) (1) Transit districts shall develop and implement initiatives to address the street harassment of persons traveling by their systems, and shall consider the safety concerns and needs of these persons when planning, designing, and operating their systems.(2) (A) Transit districts shall develop these initiatives based on ridership data, which may be quantitative or qualitative in nature. Quantitative data shall be categorized by race, ethnicity, religion, age, sex, gender, gender identity, gender expression, and sexual orientation. Transit districts may rely on new or existing sources of ridership data, provided that any quantitative data is categorized by race, ethnicity, religion, age, sex, gender, gender identity, gender expression, and sexual orientation.(B) Ridership data may include, but is not limited to, all of the following:(i) Whether a person traveling by public transit experiences street harassment at any point along the whole journey.(ii) The frequency that a person experiences street harassment during the whole journey.(iii) Where and when a person experiences street harassment.(iv) On what mode of transit a person experiences street harassment.(v) What type of street harassment is experienced.(vi) Whether a person experiencing street harassment is traveling alone or accompanied by others.(vii) Whether a person experiencing street harassment reported the incident and to whom.(viii) The persons perceptions of safety throughout the whole journey.(3) Transit districts shall develop these initiatives in coordination and consultation with persons who travel by their systems. These persons shall include persons who are at increased or disproportionate risk of experiencing street harassment, and persons who are underrepresented in surveys and other traditional data sources or who are otherwise hard to reach. These persons may include, but are not limited to, women, non-English speaking riders, and LGBTQ riders. Transit agencies shall conduct outreach in multiple languages in order to reach limited English proficient persons impacted by street harassment.(4) These initiatives shall include changes to policies, design, operations, or other aspects of transit systems, and may include, but are not limited to, all of the following:(A) Performing safety audits of transit systems or parts thereof that consider the experiences of riders by gender.(B) Developing a rubric, questionnaire, or other tool to analyze and understand the impacts of prospective changes to transit system policies, design, or operations on riders by gender or other characteristics such as socioeconomic status.(C) Increasing the presence of transit staff who are not transit police or other law enforcement.(D) Improving the physical infrastructure of transit vehicles, stations, and stops to increase the safety and perception of safety for riders.(E) Improving the frequency, timing, and reliability of service.(F) Implementing on-demand stops for riders who travel at night.(G) Training transit staff on how to respond to and report incidents of street harassment in accordance with any legal obligations or transit district policies.(H) Conducting educational and awareness raising campaigns regarding street harassment.(d) Eligible federal funds, State Transportation Assistance Program funds pursuant to Section 99313.6, or moneys appropriated through the annual Budget Act may be used by transit districts to meet the requirements of this section.

SEC. 2. Section 99177 is added to the Public Utilities Code, immediately following Section 99176, to read:

### SEC. 2.

99177. (a) For the purpose of this section, the following definitions apply:(1) Street harassment means words, gestures, or actions directed at a specific person in a public place, without the consent of that person, based on the persons actual or perceived race, ethnicity, religion, age, sex, gender, gender identity, gender expression, or sexual orientation, that the person experiences as intimidating, alarming, terrorizing, or threatening to their safety.(2) Transit districts means the 10 transit districts with the highest ridership volume in the state.(3) Whole journey means walking to and from public transit stops, waiting at public transit stops, and riding public transit vehicles.(b) The Legislature recognizes that the safety of persons traveling by public transit in the state includes the right to be free from street harassment during the whole journey.(c) (1) Transit districts shall develop and implement initiatives to address the street harassment of persons traveling by their systems, and shall consider the safety concerns and needs of these persons when planning, designing, and operating their systems.(2) (A) Transit districts shall develop these initiatives based on ridership data, which may be quantitative or qualitative in nature. Quantitative data shall be categorized by race, ethnicity, religion, age, sex, gender, gender identity, gender expression, and sexual orientation. Transit districts may rely on new or existing sources of ridership data, provided that any quantitative data is categorized by race, ethnicity, religion, age, sex, gender, gender identity, gender expression, and sexual orientation.(B) Ridership data may include, but is not limited to, all of the following:(i) Whether a person traveling by public transit experiences street harassment at any point along the whole journey.(ii) The frequency that a person experiences street harassment during the whole journey.(iii) Where and when a person experiences street harassment.(iv) On what mode of transit a person experiences street harassment.(v) What type of street harassment is experienced.(vi) Whether a person experiencing street harassment is traveling alone or accompanied by others.(vii) Whether a person experiencing street harassment reported the incident and to whom.(viii) The persons perceptions of safety throughout the whole journey.(3) Transit districts shall develop these initiatives in coordination and consultation with persons who travel by their systems. These persons shall include persons who are at increased or disproportionate risk of experiencing street harassment, and persons who are underrepresented in surveys and other traditional data sources or who are otherwise hard to reach. These persons may include, but are not limited to, women, non-English speaking riders, and LGBTQ riders. Transit agencies shall conduct outreach in multiple languages in order to reach limited English proficient persons impacted by street harassment.(4) These initiatives shall include changes to policies, design, operations, or other aspects of transit systems, and may include, but are not limited to, all of the following:(A) Performing safety audits of transit systems or parts thereof that consider the experiences of riders by gender.(B) Developing a rubric, questionnaire, or other tool to analyze and understand the impacts of prospective changes to transit system policies, design, or operations on riders by gender or other characteristics such as socioeconomic status.(C) Increasing the presence of transit staff who are not transit police or other law enforcement.(D) Improving the physical infrastructure of transit vehicles, stations, and stops to increase the safety and perception of safety for riders.(E) Improving the frequency, timing, and reliability of service.(F) Implementing on-demand stops for riders who travel at night.(G) Training transit staff on how to respond to and report incidents of street harassment in accordance with any legal obligations or transit district policies.(H) Conducting educational and awareness raising campaigns regarding street harassment.(d) Eligible federal funds, State Transportation Assistance Program funds pursuant to Section 99313.6, or moneys appropriated through the annual Budget Act may be used by transit districts to meet the requirements of this section.

99177. (a) For the purpose of this section, the following definitions apply:(1) Street harassment means words, gestures, or actions directed at a specific person in a public place, without the consent of that person, based on the persons actual or perceived race, ethnicity, religion, age, sex, gender, gender identity, gender expression, or sexual orientation, that the person experiences as intimidating, alarming, terrorizing, or threatening to their safety.(2) Transit districts means the 10 transit districts with the highest ridership volume in the state.(3) Whole journey means walking to and from public transit stops, waiting at public transit stops, and riding public transit vehicles.(b) The Legislature recognizes that the safety of persons traveling by public transit in the state includes the right to be free from street harassment during the whole journey.(c) (1) Transit districts shall develop and implement initiatives to address the street harassment of persons traveling by their systems, and shall consider the safety concerns and needs of these persons when planning, designing, and operating their systems.(2) (A) Transit districts shall develop these initiatives based on ridership data, which may be quantitative or qualitative in nature. Quantitative data shall be categorized by race, ethnicity, religion, age, sex, gender, gender identity, gender expression, and sexual orientation. Transit districts may rely on new or existing sources of ridership data, provided that any quantitative data is categorized by race, ethnicity, religion, age, sex, gender, gender identity, gender expression, and sexual orientation.(B) Ridership data may include, but is not limited to, all of the following:(i) Whether a person traveling by public transit experiences street harassment at any point along the whole journey.(ii) The frequency that a person experiences street harassment during the whole journey.(iii) Where and when a person experiences street harassment.(iv) On what mode of transit a person experiences street harassment.(v) What type of street harassment is experienced.(vi) Whether a person experiencing street harassment is traveling alone or accompanied by others.(vii) Whether a person experiencing street harassment reported the incident and to whom.(viii) The persons perceptions of safety throughout the whole journey.(3) Transit districts shall develop these initiatives in coordination and consultation with persons who travel by their systems. These persons shall include persons who are at increased or disproportionate risk of experiencing street harassment, and persons who are underrepresented in surveys and other traditional data sources or who are otherwise hard to reach. These persons may include, but are not limited to, women, non-English speaking riders, and LGBTQ riders. Transit agencies shall conduct outreach in multiple languages in order to reach limited English proficient persons impacted by street harassment.(4) These initiatives shall include changes to policies, design, operations, or other aspects of transit systems, and may include, but are not limited to, all of the following:(A) Performing safety audits of transit systems or parts thereof that consider the experiences of riders by gender.(B) Developing a rubric, questionnaire, or other tool to analyze and understand the impacts of prospective changes to transit system policies, design, or operations on riders by gender or other characteristics such as socioeconomic status.(C) Increasing the presence of transit staff who are not transit police or other law enforcement.(D) Improving the physical infrastructure of transit vehicles, stations, and stops to increase the safety and perception of safety for riders.(E) Improving the frequency, timing, and reliability of service.(F) Implementing on-demand stops for riders who travel at night.(G) Training transit staff on how to respond to and report incidents of street harassment in accordance with any legal obligations or transit district policies.(H) Conducting educational and awareness raising campaigns regarding street harassment.(d) Eligible federal funds, State Transportation Assistance Program funds pursuant to Section 99313.6, or moneys appropriated through the annual Budget Act may be used by transit districts to meet the requirements of this section.

99177. (a) For the purpose of this section, the following definitions apply:(1) Street harassment means words, gestures, or actions directed at a specific person in a public place, without the consent of that person, based on the persons actual or perceived race, ethnicity, religion, age, sex, gender, gender identity, gender expression, or sexual orientation, that the person experiences as intimidating, alarming, terrorizing, or threatening to their safety.(2) Transit districts means the 10 transit districts with the highest ridership volume in the state.(3) Whole journey means walking to and from public transit stops, waiting at public transit stops, and riding public transit vehicles.(b) The Legislature recognizes that the safety of persons traveling by public transit in the state includes the right to be free from street harassment during the whole journey.(c) (1) Transit districts shall develop and implement initiatives to address the street harassment of persons traveling by their systems, and shall consider the safety concerns and needs of these persons when planning, designing, and operating their systems.(2) (A) Transit districts shall develop these initiatives based on ridership data, which may be quantitative or qualitative in nature. Quantitative data shall be categorized by race, ethnicity, religion, age, sex, gender, gender identity, gender expression, and sexual orientation. Transit districts may rely on new or existing sources of ridership data, provided that any quantitative data is categorized by race, ethnicity, religion, age, sex, gender, gender identity, gender expression, and sexual orientation.(B) Ridership data may include, but is not limited to, all of the following:(i) Whether a person traveling by public transit experiences street harassment at any point along the whole journey.(ii) The frequency that a person experiences street harassment during the whole journey.(iii) Where and when a person experiences street harassment.(iv) On what mode of transit a person experiences street harassment.(v) What type of street harassment is experienced.(vi) Whether a person experiencing street harassment is traveling alone or accompanied by others.(vii) Whether a person experiencing street harassment reported the incident and to whom.(viii) The persons perceptions of safety throughout the whole journey.(3) Transit districts shall develop these initiatives in coordination and consultation with persons who travel by their systems. These persons shall include persons who are at increased or disproportionate risk of experiencing street harassment, and persons who are underrepresented in surveys and other traditional data sources or who are otherwise hard to reach. These persons may include, but are not limited to, women, non-English speaking riders, and LGBTQ riders. Transit agencies shall conduct outreach in multiple languages in order to reach limited English proficient persons impacted by street harassment.(4) These initiatives shall include changes to policies, design, operations, or other aspects of transit systems, and may include, but are not limited to, all of the following:(A) Performing safety audits of transit systems or parts thereof that consider the experiences of riders by gender.(B) Developing a rubric, questionnaire, or other tool to analyze and understand the impacts of prospective changes to transit system policies, design, or operations on riders by gender or other characteristics such as socioeconomic status.(C) Increasing the presence of transit staff who are not transit police or other law enforcement.(D) Improving the physical infrastructure of transit vehicles, stations, and stops to increase the safety and perception of safety for riders.(E) Improving the frequency, timing, and reliability of service.(F) Implementing on-demand stops for riders who travel at night.(G) Training transit staff on how to respond to and report incidents of street harassment in accordance with any legal obligations or transit district policies.(H) Conducting educational and awareness raising campaigns regarding street harassment.(d) Eligible federal funds, State Transportation Assistance Program funds pursuant to Section 99313.6, or moneys appropriated through the annual Budget Act may be used by transit districts to meet the requirements of this section.



99177. (a) For the purpose of this section, the following definitions apply:

(1) Street harassment means words, gestures, or actions directed at a specific person in a public place, without the consent of that person, based on the persons actual or perceived race, ethnicity, religion, age, sex, gender, gender identity, gender expression, or sexual orientation, that the person experiences as intimidating, alarming, terrorizing, or threatening to their safety.

(2) Transit districts means the 10 transit districts with the highest ridership volume in the state.

(3) Whole journey means walking to and from public transit stops, waiting at public transit stops, and riding public transit vehicles.

(b) The Legislature recognizes that the safety of persons traveling by public transit in the state includes the right to be free from street harassment during the whole journey.

(c) (1) Transit districts shall develop and implement initiatives to address the street harassment of persons traveling by their systems, and shall consider the safety concerns and needs of these persons when planning, designing, and operating their systems.

(2) (A) Transit districts shall develop these initiatives based on ridership data, which may be quantitative or qualitative in nature. Quantitative data shall be categorized by race, ethnicity, religion, age, sex, gender, gender identity, gender expression, and sexual orientation. Transit districts may rely on new or existing sources of ridership data, provided that any quantitative data is categorized by race, ethnicity, religion, age, sex, gender, gender identity, gender expression, and sexual orientation.

(B) Ridership data may include, but is not limited to, all of the following:

(i) Whether a person traveling by public transit experiences street harassment at any point along the whole journey.

(ii) The frequency that a person experiences street harassment during the whole journey.

(iii) Where and when a person experiences street harassment.

(iv) On what mode of transit a person experiences street harassment.

(v) What type of street harassment is experienced.

(vi) Whether a person experiencing street harassment is traveling alone or accompanied by others.

(vii) Whether a person experiencing street harassment reported the incident and to whom.

(viii) The persons perceptions of safety throughout the whole journey.

(3) Transit districts shall develop these initiatives in coordination and consultation with persons who travel by their systems. These persons shall include persons who are at increased or disproportionate risk of experiencing street harassment, and persons who are underrepresented in surveys and other traditional data sources or who are otherwise hard to reach. These persons may include, but are not limited to, women, non-English speaking riders, and LGBTQ riders. Transit agencies shall conduct outreach in multiple languages in order to reach limited English proficient persons impacted by street harassment.

(4) These initiatives shall include changes to policies, design, operations, or other aspects of transit systems, and may include, but are not limited to, all of the following:

(A) Performing safety audits of transit systems or parts thereof that consider the experiences of riders by gender.

(B) Developing a rubric, questionnaire, or other tool to analyze and understand the impacts of prospective changes to transit system policies, design, or operations on riders by gender or other characteristics such as socioeconomic status.

(C) Increasing the presence of transit staff who are not transit police or other law enforcement.

(D) Improving the physical infrastructure of transit vehicles, stations, and stops to increase the safety and perception of safety for riders.

(E) Improving the frequency, timing, and reliability of service.

(F) Implementing on-demand stops for riders who travel at night.

(G) Training transit staff on how to respond to and report incidents of street harassment in accordance with any legal obligations or transit district policies.

(H) Conducting educational and awareness raising campaigns regarding street harassment.

(d) Eligible federal funds, State Transportation Assistance Program funds pursuant to Section 99313.6, or moneys appropriated through the annual Budget Act may be used by transit districts to meet the requirements of this section.

SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

### SEC. 3.