BILL NUMBER: SB 518	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Lowenthal

                        FEBRUARY 26, 2009

   An act to amend Section 76360 of the Education Code, and to add
Division 19 (commencing with Section 43000) to the Vehicle Code,
relating to vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 518, as introduced, Lowenthal. Vehicles: parking services and
fees.
   (1) Existing law regulates the amount of fees that a community
college district may charge for parking and authorizes the governing
board of a community college district to require payment of a parking
fee at a campus in excess of established limits for the purpose of
funding the construction of oncampus parking facilities if certain
conditions are met.
   This bill would delete these provisions and instead require that
state funds not be used, directly or indirectly, to subsidize parking
services, except as specified, for students, employees, or other
persons on district-owned or district-leased property on and after
January 1, 2011. The bill also would authorize the governing board of
a community college district to exempt specified students who
receive financial assistance or who rideshare or carpool from paying
parking fees that exceed a specified amount.
   (2) Under existing law, the State Building Construction Act, state
funds may be used to fund the construction or operations of parking
facilities in California. Under existing law, a city, county, or city
and county is authorized to provide for the parking of motor
vehicles, including the construction and operation of parking
facilities, and the acquisition of land, property, and rights of way
necessary or convenient for use as public parking places.
   This bill would prohibit, notwithstanding any other provision of
law on and after January 1, 2011, the use of state funds to, directly
or indirectly, subsidize the construction or operations of parking
in California, except as specified, and for this purpose, the bill
would define both the construction and operating costs of parking,
the full cost of a parking space, transit intensive areas, and
specify the exceptions to this requirement. A violation of the
Vehicle Code is a crime.
   The bill would require, on or before January 1, 2012, a city,
county, or city and county to adopt and implement, or have adopted
and implemented, measures from a specified menu that achieve a total
score of at least 20 points, based on the points associated with that
menu to ensure that a city, county, or city and county manages its
parking so that the actual cost of a parking space equals its full
cost, as specified. By increasing the duties of local public
officials, the bill would impose a state-mandated local program.
   The bill also would authorize a city, county, or city and county,
to request the State Air Resources Board to approve and award points
for other alternate measures to reduce or eliminate subsidies that
fail to charge users for the full cost of a parking space, as
specified. The bill also would provide that if a city, county, or
city and county adopts and implements measures to achieve a total
score of at least 50 points from the specified menu, the city,
county, or city and county, with respect to any application for
competitive loan or grant programs funded by a general obligation
bond approved by the voters on or after January 1, 2010, would
receive bonus points equal to 5% of the total available points.
   (3) 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) The transportation sector contributes over 40 percent of the
greenhouse gas emissions in the State of California; automobiles and
light trucks alone contribute almost 30 percent. The transportation
sector is the single largest contributor of greenhouse gases of any
sector.
   (b) In 2006, the Legislature passed and the Governor signed
Assembly Bill 32 (Chapter 488 of the Statutes of 2006; hereafter AB
32), which requires the State of California to reduce its greenhouse
gas emissions to 1990 levels no later than 2020. According to the
State Air Resources Board, in 1990 greenhouse gas emissions from
automobiles and light trucks were 108 million metric tons, but by
2004 these emissions had increased to 135 million metric tons.
   (c) Greenhouse gas emissions from automobiles and light trucks can
be substantially reduced by new vehicle technology and by the
increased use of low carbon fuel. However, even taking these measures
into account, it will be necessary to achieve significant additional
greenhouse gas reductions by reducing vehicle trips and per capita
vehicle miles traveled. Without those reductions, California will not
be able to achieve the goals of AB 32.
   (d) In addition, automobiles and light trucks account for 50
percent of air pollution in California and 70 percent of the state's
consumption of petroleum. Reducing vehicle trips will provide
significant assistance to California's goals to implement the federal
and state Clean Air Acts and to reduce the state's dependence on
petroleum.
   (e) The existence of "free" parking is a significant factor that
encourages vehicle trips. At employment sites, employer-paid parking
increases rates of driving by as much as 22 percent. Conversely,
employee-paid parking reduces rates of driving by the same amount. On
a congested street, eliminating just 10 percent of vehicles results
in freeflowing traffic. Because parking is underpriced, it is
overconsumed.
   (f) Excessive governmental parking requirements greatly expand the
built footprint and increase travel distances, thereby increasing
per capita measures of vehicle miles traveled and reducing the
viability of clean transportation modes that help to achieve the
state's global warming targets, including walking, bicycling, and
public transportation.
   (g) Parking is costly to build and maintain. Where land is valued
at $1 million an acre, the land beneath a parking space would rent at
approximately $1,000 a year. Building a structured parking space
costs between $17,000 and $30,000, with underground spaces costing
significantly more. Annual operations and maintenance costs vary from
$100 and $500 per space per year. When parking is provided free to
the user, these costs are hidden elsewhere in the cost of doing
business. Free parking at stores is paid for by all customers in
higher prices for goods, including those customers who do not drive.
Free employer parking is paid for by lower wages for all workers,
including those who do not drive. Free onstreet parking is paid for
by the entire community in the form of taxes.
   (h) Eliminating subsidies and revealing the actual cost of parking
to drivers has enormous potential to reduce greenhouse gas and other
pollution emissions through reducing vehicle trips. In the short
term, changes to parking policy can reduce greenhouse gas emissions
more than all other strategies combined. Eliminating parking
subsidies can also improve social equity by lowering prices for those
who choose not to drive, often lower-income households.
  SEC. 2.  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) per semester and twenty dollars ($20) per intersession, to be
established by the board, for parking services. The fee shall only be
required of students and employees using parking services and shall
not exceed the actual cost of providing parking services. 
    76360.    (a) Except as provided in subdivision (b),
state funds shall not be used, directly or indirectly, to subsidize
parking services for students, employees, or other persons on
district-owned or district-leased property on and after January 1,
2011. Parking services are not subsidized if parking user fees cover
land and construction costs within no less than 15 years, and
operation and maintenance costs on an annual basis.  
   (b) (1) The governing board of a community college district may
exempt students who receive financial assistance pursuant to any
programs described in subdivision (g) of Section 76300 from parking
fees that exceed twenty dollars ($20) per semester. 
   (2) To encourage ridesharing and carpooling,  for
  the governing board of a community college district
may exempt  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   from parking fees that  exceed thirty
dollars ($30) per semester and ten dollars ($10) per intersession.

   (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 full-time equivalent (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 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) 
    (c)  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) 
    (d)  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) 
    (e)  "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. 3.  Division 19 (commencing with Section 43000) is added to
the Vehicle Code, to read:

      DIVISION 19.  PARKING REQUIREMENTS


   43000.  For the purposes of this division, the following terms
have the following meaning:
   (a) "Full cost of a parking space" means the sum of all of the
following:
   (1) Annualized land cost. For above-ground structured parking
within a larger building, assume a fractional land cost based upon
above-ground volume of the parking facility compared to other
occuppiable space. For entirely underground parking, assume no land
value. To annualize the cost, divide actual or fractional land cost
by 10. For leased land, use the annual lease rate.
   (2) Annualized construction cost. Include full project cost
divided by the useful life of the facility. If actual costs are not
available, use a per-space cost from a relevant parking construction
cost index, and assume a 40-year useful life.
   (3) Annualized operations and maintenance costs. Include lighting,
landscape, irrigation, security, insurance, pavement maintenance,
collections, enforcement, and related costs.
   (b) "Transit intensive area" means central business districts,
areas within one-half mile of a major transit stop, as defined in
subdivision (b) of Section 21155 of the Public Resources Code, and
areas within one-quarter mile of a high-quality transit corridor, as
defined in subdivision (b) of Section 21155 of the Public Resources
Code.
   43001.  (a) Notwithstanding any other provision of law, state
funds shall not be used, directly or indirectly, except as provided
in subdivision (b), to subsidize the construction or operations of
parking in California on and after January 1, 2011. For the purposes
of this section, the construction costs of parking include the land,
design, environmental review, permitting, project management,
mitigation, and actual construction costs. Operating costs include
debt service, maintenance, insurance, enforcement, collections,
utilities, security, and other ancillary costs necessary to the
operations of the parking facility. The construction or operation of
parking is not subsidized if parking user fees cover construction
costs within no less than 15 years and operating costs on an annual
basis.
   (b) All of the following are exceptions to subdivision (a):
   (1) Locations where the cost of collecting payment for parking
would exceed 75 percent of total revenue collected.
   (2) Existing parking facilities at state parks where parking
demand does not exceed capacity on more than 10 percent of days.
   (3) Existing parking facilities at state-owned or leased
employment facilities that employ 25 or fewer state employees or
contractors where parking demand does not exceed capacity on more
than 10 percent of days during peak hours.
   (4) Locations where existing employee collective bargaining
agreements forbid payment of parking, until the time that those
agreements expire.
   (5) Locations where federal rules, prior contracts, or prior
funding agreements restrict payment for parking.
   43002.  (a) On or before January 1, 2012, a city, county, or city
and county shall adopt and implement, or have adopted and
implemented, measures from the following menu that achieve a total
score of at least 20 points, based on the points associated with each
menu item:
+-----------------------------------------+-------+
|MEASURE                                  |POINTS |
+-----------------------------------------+-------+
|PARKING REQUIREMENTS AND ZONING          |       |
+-----------------------------------------+-------+
|Eliminate minimum parking requirements   |       |
|citywide or within the unincorporated    |       |
|county.                                  |20     |
+-----------------------------------------+-------+
|Reduce average minimum parking           |       |
|requirements for all general office,     |       |
|general retail, general commercial, and  |       |
|similar development citywide or within   |       |
|the unincorporated county to:            |       |
|Less than 3 spaces per 1,000 square feet |2      |
|Less than 2 spaces per 1,000 square feet |5      |
|Less than 1 space per 1,000 square feet  |10     |
+-----------------------------------------+-------+
|Eliminate minimum parking requirements   |       |
|for projects in transit intensive areas. |10     |
+-----------------------------------------+-------+
|Establish maximum parking restrictions   |       |
|for all general office, general retail,  |       |
|general commercial, and similar          |       |
|development at or below the following:   |       |
|3 spaces per 1,000 square feet           |10     |
|2 spaces per 1,000 square feet           |15     |
|1 space per 1,000 square feet            |20     |
+-----------------------------------------+-------+
|Establish commercial parking maximums of |       |
|2 or fewer spaces per 1,000 sq. feet     |       |
|citywide or within the unincorporated    |       |
|county.                                  |10     |
+-----------------------------------------+-------+
|Establish commercial parking maximums of |       |
|2 or fewer spaces per 1,000 sq. feet in  |       |
|transit intensive areas.                 |5      |
+-----------------------------------------+-------+
|Establish residential parking maximums   |       |
|of 1 or fewer spaces per unit in transit |       |
|intensive areas.                         |5      |
+-----------------------------------------+-------+
|Establish design controls requiring      |       |
|parking to be underground or ""wrapped'' |       |
|in active uses on building frontages     |       |
|facing public streets.                   |2      |
+-----------------------------------------+-------+
|Remove restrictions against residential  |       |
|tandem parking, including eliminating    |       |
|requirements that parking must be        |       |
|independently accessible to count toward |       |
|minimum residential parking requirement, |       |
|if any.                                  |2      |
+-----------------------------------------+-------+
|Remove restrictions against mechanized   |       |
|and mechanical ""lift'' parking,         |       |
|including counting mechanized spaces     |       |
|toward minimum requirement, if any.      |2      |
+-----------------------------------------+-------+
|Establish a shared parking ordinance and |       |
|requirements for interconnection of      |       |
|parking in all commercial areas.         |2      |
+-----------------------------------------+-------+
|Remove or increase allowable density     |       |
|limits and floor area ratios (FAR),      |       |
|allowing infill development on existing  |       |
|parking lots.                            |10     |
+-----------------------------------------+-------+
|PARKING AND       TRANSPORTATION DEMAND  |       |
|MANAGEMENT                               |       |
+-----------------------------------------+-------+
|Adopt an ordinance to require that any   |       |
|lease for a residential dwelling unit    |       |
|within a housing development of five or  |       |
|more units, if a parking space or spaces |       |
|are provided in connection with the      |       |
|lease, include a separate unbundled      |       |
|charge for the parking space or spaces   |       |
|that reflects the full cost of the       |       |
|parking space or spaces but is not less  |       |
|than the number of parking spaces        |       |
|multiplied by the cost of a monthly      |       |
|transit pass within the city, county, or |       |
|city and county and that the lessee may  |       |
|opt out of the parking charge by         |       |
|foregoing use of the parking space or    |       |
|spaces.                                  |5      |
+-----------------------------------------+-------+
|Adopt an ordinance to require that any   |       |
|lease for commercial space in a complex  |       |
|of five or more commercial tenants       |       |
|include a separate unbundled charge for  |       |
|the parking space or spaces that         |       |
|reflects the full cost of the parking    |       |
|space or spaces but is not less than     |       |
|the number of parking spaces multiplied  |       |
|by the cost of a monthly transit pass    |       |
|within the city, county, or city and     |       |
|county and that the lessee may opt out   |       |
|of the parking charge by foregoing use   |       |
|of the parking space or spaces.          |5      |
+-----------------------------------------+-------+
|Adopt an ordinance to require that any   |       |
|new employment contract under which the  |       |
|employer provides a parking space within |       |
|the city, county, or city and county     |       |
|include a nonreimbursable charge to the  |       |
|employee that reflects the full cost of  |       |
|the parking space but is not less than   |       |
|the cost of a monthly transit pass       |       |
|within the city, county, or city and     |       |
|county and that the employee may opt out |       |
|of by foregoing use of the parking space.|5      |
+-----------------------------------------+-------+
|Adopt an ordinance to require employers  |       |
|to offer transit passes to all           |       |
|employees, including full time, part     |       |
|time, and seasonal employees, on a       |       |
|pretax basis and certify                 |       |
|compliance upon application for a new or |       |
|renewal business license.                |2      |
+-----------------------------------------+-------+
|PARKING MANAGEMENT                       |       |
+-----------------------------------------+-------+
|Adopt an ordinance to set on-street      |       |
|parking meter and public parking lot and |       |
|garage rates to achieve an 85% target    |       |
|occupancy rate during hours when         |       |
|adjacent businesses are open or employ   |       |
|demand-responsive rates that vary        |       |
|throughout the day to achieve an 85%     |       |
|target occupancy rate.                   |10     |
+-----------------------------------------+-------+
|Establish a Parking Benefit District,    |       |
|whereby all or a portion of new public   |       |
|parking revenues are directed toward     |       |
|improvements within the district where   |       |
|the revenue was raised.                  |5      |
+-----------------------------------------+-------+
|Establish a Residential Parking Benefit  |       |
|District, whereby a limited number of    |       |
|commuters may pay to park       in an    |       |
|otherwise restricted Residential Parking |       |
|Permit area, with the net revenue        |       |
|directed toward improvements within the  |       |
|district where the revenue was raised.   |5      |
+-----------------------------------------+-------+
|Install parking meters in areas with     |       |
|parking occupancy rates of greater than  |       |
|85% and establish meter rates such that  |       |
|parking availability improves to 85% or  |       |
|better.                                  |2      |
+-----------------------------------------+-------+
|PARKING REVENUE                          |       |
+-----------------------------------------+-------+
|Adopt an ordinance to direct at least    |       |
|50% of net public parking revenues to    |       |
|programs that reduce parking demand,     |       |
|including, but not limited to, public    |       |
|transit, transportation demand           |       |
|management, or bicycle and pedestrian    |       |
|infrastructure and promotion.            |3      |
+-----------------------------------------+-------+
|Adopt a parking sales tax or use fee     |       |
|upon parkers, with at       least 85% of |       |
|resulting net revenue directed at        |       |
|programs that reduce parking demand,     |       |
|including, but not limited to, public    |       |
|transit, transportation demand           |       |
|management, or bicycle and pedestrian    |       |
|infrastructure and promotion.            |5      |
+-----------------------------------------+-------+
|Adopt a parking impact fee or property   |       |
|assessment on parking owners, with at    |       |
|least 85% of resulting net revenue       |       |
|directed at programs that reduce parking |       |
|demand, including, but not limited to,   |       |
|public transit, transportation demand    |       |
|management, or bicycle and pedestrian    |       |
|infrastructure and promotion.            |5      |
+-----------------------------------------+-------+


   (b) Upon request by a city, county, or city and county, the State
Air Resources Board may approve and award points for other alternate
measures to reduce or eliminate subsidies that fail to charge users
for the full cost of a parking space, if points are awarded in a
manner that is roughly proportionate to the estimated reduction in
vehicle trips to be achieved by the alternate measure, in comparison
with the measures described in subdivision (a).
   (c) If a city, county, or city and county adopts and implements
measures to achieve a total score of at least 50 points, with respect
to any application submitted by the city, county, or city and county
for competitive loan or grant programs funded by a general
obligation bond approved by the voters on or after January 1, 2010,
the city, county, or city and county shall receive bonus points equal
to 5 percent of the total available points.
   (d) Cities, counties, and cities and counties are encouraged to
address any parking spillover from new development through the use of
residential parking permits or other parking management strategies
and to provide residents who resided in the parking permit zone prior
to adoption of the parking permit zone a parking permit for free.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
   However, if the Commission on State Mandates determines that this
act contains other 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.