BILL NUMBER: AB 475 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Butler
FEBRUARY 15, 2011
An act to amend Sections 22511 and 22511.5 of the Vehicle Code,
relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 475, as introduced, Butler. Vehicles: offstreet parking:
electric vehicles.
Existing law authorizes a local authority, by ordinance or
resolution, and a person in lawful possession of an offstreet parking
facility, to designate stalls or spaces in an offstreet parking
facility owned or operated by that local authority or person for the
exclusive purpose of fueling and parking a vehicle that displays a
valid zero emission vehicle (ZEV) decal identification posted on the
driver's side rear window or bumper of the vehicle or, if the vehicle
does not have a rear window or bumper, on the driver's side of the
windshield, issued by the Department of Motor Vehicles pursuant to
these provisions. Existing law, for purposes of those provisions,
defines a "zero emission vehicle" to mean any car, truck, or other
vehicle that produces no tailpipe or evaporative emissions.
This bill would instead make those provisions applicable to an
electric vehicle, and would define "electric vehicle" to mean any
car, truck, or other vehicle that does not produce tailpipe or
evaporative emissions or is a plug-in hybrid vehicle (PHEV), as that
term is used by the State Air Resources Board.
Existing law further prohibits a person from parking or leaving
standing a vehicle in a stall or space so designated for a zero
emission vehicle unless a valid zero emission vehicle decal
identification is displayed on that vehicle.
This bill would instead make that prohibition applicable to a
vehicle in a stall or space designated pursuant to the above
provisions unless a valid electric vehicle decal identification is
displayed on that vehicle.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 22511 of the Vehicle Code is amended to read:
22511. (a) Any A local authority,
by ordinance or resolution, and any a
person in lawful possession of an offstreet parking facility may
designate stalls or spaces in an offstreet parking facility owned or
operated by that local authority or person for the exclusive purpose
of fueling and parking a vehicle that displays a valid
zero-emission electric vehicle (ZEV)
(EV) decal identification posted on the driver's
side rear window or bumper of the vehicle or, notwithstanding any
other provision of law, if the vehicle does not
have a rear window or bumper, on the driver's side of the windshield
, issued by the Department of Motor Vehicles pursuant to
this section. The designation shall be made by posting a sign in
compliance with subdivision (d) or (e).
(b) If posted in accordance with subdivision (d) or (e), the owner
or person in lawful possession of a privately owned or operated
offstreet parking facility, after notifying the police or sheriff's
department, may cause the removal of a vehicle from a stall or space
designated pursuant to subdivision (a) in the facility to the nearest
public garage if a valid ZEV EV decal
identification issued pursuant to this section is not displayed on
the vehicle.
(c) If posted in accordance with subdivision (d), the local
authority owning or operating an offstreet parking facility, after
notifying the police or sheriff's department, may cause the removal
of a vehicle from a stall or space designated pursuant to subdivision
(a) in the facility to the nearest garage, as defined in Section
340, that is owned, leased, or approved for use by a public agency if
a valid ZEV EV decal identification
issued pursuant to this section is not displayed on the vehicle.
(d) The posting required for an offstreet parking facility owned
or operated either privately or by a local authority shall consist of
a sign not less than 17 by 22 inches in size with lettering not less
than one inch in height which that
clearly and conspicuously states the following: "Unauthorized
vehicles not displaying valid zero-emission
electric vehicle decal identifications will be towed away at
owner's expense. Towed vehicles may be reclaimed at
_________________________________or by telephoning
(Address)
_______________________________________________.''
(Telephone number of local law enforcement agency)
The sign shall be posted in either of the following locations:
(1) Immediately adjacent to, and visible from, the stall or space.
(2) In a conspicuous place at each entrance to the offstreet
parking facility.
(e) If the parking facility is privately owned and public parking
is prohibited by the posting of a sign meeting the requirements of
paragraph (1) of subdivision (a) of Section 22658, the requirements
of subdivision (b) may be met by the posting of a sign immediately
adjacent to, and visible from, each stall or space indicating that a
vehicle not meeting the requirements of subdivision (a) will be
removed at the owner's expense and containing the telephone number of
the local traffic law enforcement agency.
(f) (1) For purposes of implementing this section, the Department
of Motor Vehicles shall make available for issuance ,
beginning July 1, 2003 , for a fee determined by the
Department of Motor Vehicles to be sufficient to reimburse it for
actual costs incurred pursuant to this section, distinctive decals
for zero-emission electric vehicles.
(2) The department shall design the decal, which shall be two
inches by two inches, and be placed on the driver's side rear window
or bumper of the vehicle, or, notwithstanding any other
provision of law, if the vehicle does not have a rear
window or bumper, on the driver's side of the windshield. Each decal
shall display a unique number. The decal may be provided to car
dealers who sell electric vehicles for distribution to ZEV
EV purchasers.
(g) For purposes of this section, "zero-emission vehicle"
"electric vehicle" means any car, truck, or
any other vehicle that produces no
does not produce tailpipe or evaporative
emissions or is a plug-in hybrid vehicle (PHEV), as that term is
used by the State Air Resources Board .
(h) Nothing in this This
section is intended to does not
interfere with existing law governing the ability of local
authorities to adopt ordinances related to parking programs within
their jurisdiction, such as programs that provide free parking in
metered areas or municipal garages for electric vehicles.
SEC. 2. Section 22511.1 of the Vehicle Code is amended to read:
22511.1. (a) A person may not park or leave standing any
a vehicle in a stall or space designated
pursuant to Section 22511 unless a valid zero-emission
electric vehicle decal identification issued
pursuant to Section 22511 is displayed on that vehicle.
(b) A person may not obstruct, block, or otherwise bar access to
parking stalls or spaces described in subdivision (a) except as
provided in subdivision (a).
(c) A person shall not display a decal issued pursuant to Section
22511 on a vehicle that does not use electricity as the motive power.