BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 2414
          Author:   Ting (D)
          Amended:  As introduced
          Vote:     21

           
           SENATE GOVERNMENTAL ORGANIZATION COMMITTEE  :  8-2, 6/24/14
          AYES:  Correa, Cannella, De León, Galgiani, Hernandez, Lieu,  
            Padilla, Torres
          NOES:  Berryhill, Vidak
          NO VOTE RECORDED:  Vacancy

           ASSEMBLY FLOOR  :  52-20, 5/8/14 - See last page for vote


           SUBJECT :    Parking facilities:  electric vehicle charging

           SOURCE  :     Author


           DIGEST  :    This bill 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.

           ANALYSIS  :    

          Existing law:

          1. Prohibits the Legislature from making, or authorizing the  
             making of, gifts of public funds unless it determines that  
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             the funds serve a public purpose. 

          2. Authorizes the Department of General Services (DGS) to  
             acquire real property, as specified, and to construct,  
             operate, and maintain motor vehicle parking facilities for  
             state officers and employees, or other persons, as specified.  


          3. Authorizes 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 establishes various rates for parking fees based  
             on location, parking facility, or number of riders in each  
             vehicle. 

          4. Provides that revenues received by DGS for these motor  
             vehicle parking facilities as designated by the Director of  
             DGS, and under the jurisdiction of any other state agency  
             that has entered into an agreement with DGS for the payment  
             of revenues, be deposited into the General Fund and are  
             continuously appropriated to DGS for the construction,  
             operation, and maintenance of motor vehicle parking  
             facilities, as specified.   

          This bill 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.

           Background
           
          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  







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          constitutional prohibition, even if there may be incidental  
          benefit to private persons.  

          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.

           Comments
           
          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 a robust electric vehicle charging system.   
          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."

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   Local:  
           No

           SUPPORT  :   (Verified  6/24/14)

          California Electric Transportation Coalition
          California Municipal Utilities Association 
          Sacramento Electric Vehicle Association
          Southern California Public Power Authority

           ARGUMENTS IN SUPPORT  :    According to the California Municipal  
          Utilities Association, "our members currently help facilitate  
          the implementation of electric vehicle charging infrastructure.   
          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  







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          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."


           ASSEMBLY FLOOR  :  52-20, 5/8/14
          AYES:  Alejo, Ammiano, Atkins, Bloom, Bocanegra, Bonilla, Bonta,  
            Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau,  
            Chesbro, Cooley, Dababneh, Daly, Dickinson, Fong, Fox,  
            Frazier, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gray, Hall,  
            Roger Hernández, Holden, Jones-Sawyer, Levine, Lowenthal,  
            Medina, Mullin, Muratsuchi, Nazarian, Pan, Perea, Quirk,  
            Quirk-Silva, Rendon, Rodriguez, Salas, Skinner, Stone, Ting,  
            Weber, Wieckowski, Williams, Yamada, John A. Pérez
          NOES:  Achadjian, Allen, Bigelow, Chávez, Conway, Dahle,  
            Donnelly, Beth Gaines, Grove, Hagman, Jones, Linder, Logue,  
            Maienschein, Melendez, Nestande, Olsen, Wagner, Waldron, Wilk
          NO VOTE RECORDED:  Eggman, Gorell, Harkey, Mansoor, Patterson,  
            V. Manuel Pérez, Ridley-Thomas, Vacancy


          MW:d    6/25/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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