BILL NUMBER: AB 475 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 24, 2011
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 amended, Butler. Vehicles: offstreet parking: electric
vehicles.
Existing
(1) 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 electric
vehicle (PHEV), as that term is used by the State Air Resources
Board. The bill would also authorize the removal of these
vehicles from an offstreet parking facility if they are not plugged
in for fueling purposes.
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. A violation of that
law is a crime.
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. The bill would also prohibit a person
from parking or leaving standing a specified vehicle unless the
vehicle is plugged in for fueling purposes. By expanding the scope of
a crime , the bill would impose a state
- mandated local program.
(2) 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 no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
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) A local authority, by ordinance or resolution, and 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 electric
vehicle (EV) decal identification posted on the driver's side rear
window or bumper of the vehicle or, notwithstanding any other 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 , while the vehicle is currently
plugged in for fueling purposes . 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 EV decal identification issued pursuant to
this section is not displayed on the vehicle and the vehicle is
not currently plugged in for fueling purposes .
(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 EV decal identification issued pursuant to this section is
not displayed on the vehicle and the vehicle is not currently
plugged in for fueling purposes .
(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 that clearly and conspicuously states the
following: "Unauthorized vehicles not displaying valid electric
vehicle decal identifications and that are not plugged in for
fueling purposes 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, 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 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 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 EV purchasers.
(g) For purposes of this section, "electric vehicle" means any
car, truck, or other vehicle that does not produce tailpipe or
evaporative emissions or is a plug-in hybrid electric
vehicle (PHEV), as that term is used by the State Air Resources
Board.
(h) This section 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 shall not
park or leave standing a vehicle in a stall or space designated
pursuant to Section 22511 unless a valid electric vehicle decal
identification issued pursuant to Section 22511 is displayed on that
vehicle and the vehicle is currently plugged in for fueling
purposes .
(b) A person may shall 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.
SEC. 3. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because 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.