BILL NUMBER: AB 2414	CHAPTERED
	BILL TEXT

	CHAPTER  215
	FILED WITH SECRETARY OF STATE  AUGUST 19, 2014
	APPROVED BY GOVERNOR  AUGUST 19, 2014
	PASSED THE SENATE  AUGUST 4, 2014
	PASSED THE ASSEMBLY  MAY 8, 2014

INTRODUCED BY   Assembly Member Ting

                        FEBRUARY 21, 2014

   An act to amend Section 14678 of the Government Code, relating to
state government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2414, Ting. Parking facilities: electric vehicle charging.
   The California Constitution generally prohibits the making of a
gift of any public money, or thing of value.
   Existing law authorizes the Department of General Services to
acquire real property to operate and maintain motor vehicle parking
facilities, as specified. Existing law authorizes the department to
enter into arrangements with other public and state agencies for
joint use of these parking facilities, as specified.
   This bill would specify that the use of electricity by state
government and other government entities, state officers and
employees, or other persons for the charging of an electric vehicle
in a department maintained or joint use motor vehicle parking
facility is not a gift of public funds that is prohibited by the
California Constitution.


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

  SECTION 1.  Section 14678 of the Government Code is amended to
read:
   14678.  The Department of General Services is authorized to
acquire, pursuant to the Property Acquisition Law (Part 11,
commencing with Section 15850, Division 3, Title 2, Government Code)
or by lease or other means, real property and to construct, operate,
and maintain motor vehicle parking facilities thereon for state
officers and employees, or other persons, provided that no such
acquisition shall be commenced pursuant to the Property Acquisition
Law unless and until an appropriation of funds therefor has been made
by the Legislature. The department may enter into arrangements with
other public and state agencies for joint use of motor vehicle
parking facilities, provided the benefit to be derived by the state
is commensurate with its participation. The department may prescribe
the terms and conditions of this parking, including the payment of
parking fees in any amounts and under any circumstances as may be
determined by the department. Varying rates of parking fees may be
established for different localities or for different parking
facilities. The department may charge different rates of parking fees
based on the number of riders in each vehicle. In determining rates
of parking fees the department shall consider the rates charged in
the same locality by other public agencies and by private employers
for employee parking. The use of electricity by state government and
other government entities, state officers and employees, or other
persons for the charging of an electric vehicle in a department
maintained or joint use motor vehicle parking facility is not a gift
of public funds by the department that is prohibited by Section 6 of
Article XVI of the California Constitution.
   Revenues received by the department from (a) any of the
hereinabove motor vehicle parking facilities as may be designated by
the director, and (b) motor vehicle parking facilities under the
jurisdiction of any other state agency which has entered into an
agreement with the department for the payment of revenues therefrom
to the department, shall be deposited in the General Fund and are
hereby appropriated, without regard to fiscal years, to the
Department of General Services for the construction, operation, and
maintenance of motor vehicle parking facilities on real property
acquired hereunder or on real property under the jurisdiction of any
other state agency which has agreed to the payment of revenues as
aforesaid from its motor vehicle parking facilities to the
department, for reimbursement to state agencies for all or part of
the costs incurred by these agencies in selling public transit passes
at a discount to defray state agency employees' commuting costs, and
for other approved transportation subsidy programs. The department
shall certify to the Department of Finance the amount of funds
available for reimbursement of transportation subsidies. The
Department of Finance shall determine the amount that may be
withdrawn by state agencies for payment of these subsidies. Requests
from state agencies for reimbursement shall include appropriate
verification of the state agency's costs. Any unneeded balance in
this appropriation shall be transferred by the Controller on order of
the Director of General Services to the unappropriated balance of
the General Fund.
   The Legislature by this section does not intend to authorize the
institution of a private parking program unrelated to state purposes
in competition with private industry.