BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2567
                                                                  Page  1

          Date of Hearing:  April 5, 2010

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                               Bonnie Lowenthal, Chair
                AB 2567 (Bradford) - As Introduced:  February 19, 2010
           
          SUBJECT  :  Photo enforcement:  parking:  street sweepers

           SUMMARY  :  Authorizes local public agencies to use automated  
          parking enforcement systems for street sweeping-related  
          violations.  Specifically,  this bill  :  

          1)Makes legislative findings and declarations regarding the  
            importance of street sweepers in clearing streets and roads of  
            trash and pollutants.  

          2)Defines key terms, most notably "automated parking enforcement  
            system" to mean the installation and use of equipment that  
            takes digital photographs and is linked with a violation  
            detection system that synchronizes the taking of the  
            photograph with the occurrence of a parking infraction.  

          3)Authorizes local agencies to install and operate automated  
            parking enforcement systems on local public agency-owned or  
            -operated street sweeping equipment for purposes of digitally  
            photographing street sweeping parking violations.  

          4)Requires the photo enforcement equipment to be angled and  
            focused so as to capture digital photographs of license plates  
            and so as not to unnecessarily capture images of drivers,  
            other vehicles, and pedestrians.  

          5)Provides that citations can only be issued for violations  
            captured during designated street sweeping hours.  

          6)Provides that citations cannot be issued to vehicles that park  
            in restricted zones after the street has been cleaned by the  
            street sweeper.  

          7)Allows a local public agency to contract with a private vendor  
            for the processing of parking violation notices so long as the  
            local public agency maintains overall control and supervision  
            of the automated parking enforcement system.  

          8)Requires public agencies to give advanced public notice, at  








                                                                  AB 2567
                                                                  Page  2

            least 30 days, of their intent to use automated parking  
            enforcement systems.  

          9)Restricts local agencies to issuing only warning notices  
            during this 30-day period using the automated enforcement  
            system; specifically provides, however, that local public  
            agencies may use a manual system to issue citations, before,  
            during, and after the 30-day warning period.  

          10)Requires a designated local public agency employee, who is  
            qualified to issue parking citations for that agency, to  
            review digital photographs to determine the validity of a  
            parking citation.  

          11)Requires that digital image evidence be retained for up to  
            six months from the date the information was first obtained or  
            60 days after final disposition of the citation, whichever  
            date is later, after which time the information must be  
            destroyed.  

          12)Provides that digital photographs made by an automated  
            parking enforcement system are confidential and use of the  
            photographs is limited.  

          13)Requires a designated employee to issue a notice of a parking  
            violation to the registered owner of the vehicle within 15  
            days of the violation and prescribes specific data to be  
            included in the violation.  

          14)Sets forth provisions governing the processing of violations  
            and appeals.  

          15)Requires a local public agency that utilizes an automatic  
            parking enforcement system to report specific information to  
            the Senate and Assembly Judiciary Committees by January 1,  
            2015.  

          16)Sunsets on January 1, 2016.  

           EXISTING LAW  :  

          17)Authorizes the City and County of San Francisco, until  
            January 1, 2012, to issue citations based on photo-evidence of  
            parking violations in transit-only lanes.  









                                                                  AB 2567
                                                                  Page  3

          18)Authorizes the use of automated enforcement systems at rail  
            or rail transit signals and crossing gates.  

          19)Authorizes the use of automated enforcement systems at  
            intersections to detect red light violations.   

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  According to the author, the intent of this bill is  
          "to reduce the amount of dirt, oil, and debris being washed into  
          the storm drains, thereby having a positive environmental  
          impact."  

          The California Public Parking Association, sponsor of this bill,  
          suggests that by allowing automated parking enforcement systems  
          to be placed on street sweepers, this bill will effectively  
          complement the work of existing parking enforcement personnel  
          and help allocate scarce resources.  

          Currently, Chicago and the District of Columbia (Washington  
          D.C.) use the automated street sweeper system, which uses  
          photo-light sensing, character recognition, and global  
          positioning system technology to spot parking violators.  

          In California, use of similar automated enforcement technology  
          is authorized for red light violations by a governmental agency.  
           Last session, usage of this technology was also authorized on a  
          pilot project basis for the City and County of San Francisco  
          (San Francisco) to issue citations based on photo-evidence of  
          transit-only-lane parking violations.  The authority granted to  
          San Francisco was provided for in AB 101 (Ma), Chapter 377,  
          Statutes of 2008.  

          Provisions of this bill are similar to those in AB 101 and  
          identical to last year's AB 1336 (Eng) that passed the  
          Legislature but was vetoed by the Governor.  In his veto  
          message, the Governor wrote, "This bill could present a  
          significant risk of violating an individual's privacy unrelated  
          to the enforcement of law.  It may also lead to the unwarranted  
          proliferation of camera enforcement in many other arenas."    
          Interestingly, subsequent to the Governor's veto of AB 1336 for  
          these reasons, the Governor introduced his budget proposal which  
          calls for the deployment of a massive statewide speed camera  
          program to generate nearly $400 million in net profit to state  
          and local government.  As proposed, the camera program is  








                                                                  AB 2567
                                                                  Page  4

          expected to print over two million citations each year.  

           Committee concerns:   The Committee was only able to identify one  
          company that offers street sweeper photo enforcement services.   
          That company, Affiliated Computer Services (ACS), is responsible  
          for the two street sweeper photo enforcement systems employed  
          elsewhere in the United States-Chicago and Washington D. C.  The  
          Committee is concerned that provisions in the bill defining  
          "automated parking enforcement system" to mean "the installation  
          and use of equipment that takes a digital camera-based  
          photograph and is linked with a violation detection system that  
          synchronizes the taking of the photograph with the occurrence of  
          a parking infraction" is unnecessarily restrictive and could  
          result in precluding other firms from providing similar services  
          using different technology.  (Similar restrictions were not  
          included in previous legislation authorizing the use of photo  
          enforcement for transit-only lanes or red light violations.)  

          The Committee may wish to strike or modify the definition of an  
            "automated parking enforcement system" to that other  
            businesses could provide similar services, perhaps using  
            different technology.  

           Suggested technical amendment:   The bill requires local public  
            agencies that use the enforcement system authorized in this  
            bill to report to the Senate and Assembly Committees on  
            Judiciary data about citations issued, the overall  
            effectiveness of the program, and an evaluation of  
            privacy-related complaints about the system.  This report  
            should be submitted to the Assembly Transportation Committee  
            as well.  

           Previous legislation  :  Last year's AB 1336 (Eng) was identical  
          to this bill.

          AB 101 (Ma), Chapter 377, Statutes of 2008, authorized the City  
          and County of San Francisco to issue citations based on  
          photo-evidence of transit-only-lane parking violations.  

          SB 1136 (Kopp), Chapter 54, Statutes of 1998, extended  
          indefinitely provisions that allow the use of automated  
          enforcement systems at official traffic control signals.  

          SB 833 (Kopp), Chapter 922, Statutes of 1995, originally  
          authorized, for a limited time, the use of automated photo  








                                                                  AB 2567
                                                                  Page  5

          enforcement for all places where a driver is required to respond  
          to an official traffic control signal (i.e. red light cameras).   


           REGISTERED SUPPORT / OPPOSITION  :  

           Support 
           
          California Public Parking Association
          California State Association of Counties
          League of California Cities
          City of San Diego

           Opposition 
           
          None on file
           

          Analysis Prepared by  :   Janet Dawson / TRANS. / (916) 319-2093