BILL ANALYSIS Ó
AB 2414
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ASSEMBLY THIRD READING
AB 2414 (Ting)
As Introduced February 21, 2014
Majority vote
BUSINESS & PROFESSIONS 10-4
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|Ayes:|Bonilla, Bocanegra, | | |
| |Campos, Dickinson, | | |
| |Eggman, Gordon, Holden, | | |
| |Mullin, Skinner, Ting, | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Jones, Hagman, | | |
| |Maienschein, Wilk | | |
| | | | |
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SUMMARY : Specifies 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 prohibited by the
California Constitution.
EXISTING LAW :
1)Generally prohibits, under the California Constitution, the
Legislature from making, or authorizing the making of, gifts
of public funds unless it determines that the funds serve a
public purpose. (California Constitution Article XVI Section
6)
2)Authorizes the Department of General Services (DGS) to enter
into arrangements with other public and state agencies for
joint use of motor vehicle parking facilities if the benefit
to be derived by the state is commensurate with its
participation; prescribe the terms and condition of this
parking, including the payment of parking fees in any amounts
and under any circumstances as determined by DGS; and
establish various rates for parking fees based on location,
parking facility, or number of riders in each vehicle.
(Government Code (GC) Section14678)
AB 2414
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FISCAL EFFECT : None. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS :
1)This bill clarifies that the use of electricity by officers
and employees of any state or government entity or by members
of the public for the charging of an electric vehicle in a
DGS-managed or joint use parking facility is not an illegal
gift of public funds. The aim of this bill is to encourage
the state development and use of electric charging stations.
This bill is author-sponsored.
2)According to the author, "[This bill] ensures that electric
vehicle charging stations built in parking areas developed by
state government entities are not considered gifts of public
funds. Across the state, government entities are actively
working to establish robust electric vehicle charging systems.
While electric vehicle charging stations provide benefits to
individuals, they also serve a public purpose. Electric
vehicle charging stations in public parking areas increase the
availability and awareness of electric vehicle charging, which
serve as an important part of replacing [greenhouse
gas]-emitting cars and trucks with clean electric vehicles.
This bill ensures government entities can spend more time
expanding the installation of electric vehicle charging
stations without [worrying about] violating provisions of the
gift of public funds, such as not accounting for every
incidental cost related to providing electricity and charging
stations."
3)Section 6 of Article XVI of the California Constitution
prohibits the state and its subdivisions from making, or
authorizing the making, "of any gift, of any public money or
thing of value to any individual, municipal or other
corporation?." The primary question to be considered when
determining whether an appropriation of public funds is
considered a gift is whether the funds are used for a private
or public purpose. If they are used for a public purpose,
they are not a gift within the meaning of this constitutional
prohibition, even if there may be incidental benefit to
private persons. (County of Alameda v. Janssen (1940) 16
Cal.2d 276)
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Although a court may be unlikely to determine that the provision
of electricity through electric charging stations is an
unconstitutional gift of public funds that is used for a
private purpose, this bill does not prohibit a court from
making such a determination because a statute cannot supersede
a constitutional provision. As a result, this bill merely
seeks to clarify that providing electricity without charge
through electric charging stations in state parking facilities
is viewed as having a public purpose, and is therefore not a
gift of public funds in violation of the California
Constitution.
4)According to the California Municipal Utilities Association,
"Many of these charging stations are located at state and
locally owned facilities. Public awareness of these
facilities often starts with public promotion and usage by
public officials and state employees. In furtherance of state
policies promoting the transition to an electric vehicle
economy, [?] any potential obstacles that may limit state
employees and other public officials from accessing electric
vehicle charging facilities should be removed."
The Southern California Public Power Authority also writes in
support, "Our member agencies are actively working to
establish a robust electric vehicle charging system throughout
California as an important step in replacing [greenhouse
gas]-emitting cars and trucks with clean electric vehicles.
Ensuring we don't run afoul of the gift of public funds
provisions in existing statute while working to move this
important infrastructure forward for our ratepayers and
California as a whole is critical to the success of an overall
[electric vehicle] deployment."
No opposition on file.
Analysis Prepared by : Eunie Linden / B., P. & C.P. / (916)
319-3301
FN: 0003270
AB 2414
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