BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
                              Senator Jim Beall, Chair
                                2015 - 2016  Regular 

          Bill No:          AB 1943           Hearing Date:    6/14/2016
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          |Author:   |Linder                                                |
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          |Version:  |6/8/2016                                              |
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          |Urgency:  |No                     |Fiscal:      |No              |
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          |Consultant|Sarah Carvill                                         |
          |:         |                                                      |
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          SUBJECT:  Vehicles:  parking:  public grounds


            DIGEST:  This bill provides Riverside County Transportation  
          Commission (RCTC) with the authority to enforce parking  
          regulations on property it owns, and to contract with private  
          vendors for parking enforcement services.

          ANALYSIS:
          
          Existing law:
          
          1)Establishes county transportation commissions to coordinate  
            public transportation services within counties, reduce traffic  
            congestion, avoid redundant public transportation services,  
            and provide adequate transit options for all residents.


          2)Authorizes certain public entities to impose parking  
            regulations on property they own.  These entities include  
            cities and counties, public schools, parks, municipal  
            airports, hospitals, harbor districts, rapid transit  
            districts, public transportation agencies, transit development  
            boards, and county transportation commissions.


          3)Gives public transportation agencies the ability to enforce  
            the parking laws and regulations on property they own in the  
            manner of other public entities, such as cities and counties.   








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          4)Establishes procedures regarding the enforcement of parking  
            violations and for the removal of vehicles.


          This bill:

          1)Expands the definition of a public transportation agency to  
            include certain county transportation commissions.


          2)Authorizes the RCTC to enter into contracts with private  
            vendors for the enforcement of parking regulations, including  
            vehicle removal.

          COMMENTS:

          1)Purpose.  According to the author, this bill corrects a  
            technicality in the law that prevents county transportation  
            commissions from being able to enforce parking restrictions at  
            the facilities they own.  The author claims that this will  
            streamline the management of transit facilities and provide  
            more consistent parking regulations than possible under  
            current law.


          2)Background.  Existing code provides an exhaustive catalogue of  
            public entities that are authorized to regulate parking on  
            property they own.  AB 953 (Roth, Chapter 192, Statutes of  
            2014) added county transportation commissions to this list.   
            However, the provision conveying enforcement authority is  
            directed to "public transportation agencies," which are  
            defined in terms of the services they provide.  Since county  
            transportation commissions do not directly provide or operate  
            transportation services, they do not fall under a "public  
            transportation agency" as defined in this section.  Thus these  
            entities may lack the authority to enforce parking rules that  
            they are explicitly authorized to establish.


          3)A limited fix for a limited problem.  While the authority gap  
            described above would appear to be a serious issue for county  
            transportation commissions across the state, nearly all of  
            these entities are adequately covered by existing law.  One  








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            common way that this occurs is when a commission is also  
            authorized to serve as an additional type of entity, such as a  
            congestion management authority, a consolidated agency, or a  
            toll authority, and derives the necessary enforcement powers  
            from this designation.  In other cases, parking facilities are  
            operated by the transit provider, not the commission, so  
            authority to enforce parking regulations at the commission  
            level is unnecessary. 

             
             Consequently, RCTC is currently the only county transportation  
            commission that owns and operates parking facilities without  
            adequate authority to enforce parking rules.  This bill  
            therefore expands the existing definition of "public  
            transportation agency" so that it includes county  
            transportation commissions created pursuant to the code  
            section that establishes them in Los Angeles, Orange,  
            Riverside, and San Bernardino counties.  Due to the limited  
            scope of the problem and the fact that county transportation  
            commissions are not all established in the same code section,  
            this specific approach to closing the enforcement gap appears  
            to be the most straightforward solution.

          4)Other changes.  This bill also makes several non-substantive  
            changes to existing law and provides RCTC with the authority  
            to contract with private vendors for parking enforcement,  
            including towing.

          Related Legislation:
          
          SB 953 (Roth, Chapter 192, Statutes of 2014) - added county  
          transportation commissions to the list of public entities that  
          are authorized to regulate parking on property they own. 

          Assembly Votes:

            Floor:    79-0
            Trans:    16-0
          
          FISCAL EFFECT:  Appropriation:  No    Fiscal Com.:  No    Local:  
           No


            POSITIONS:  (Communicated to the committee before noon on  
          Wednesday,








          AB 1943 (Linder)                                   Page 4 of ?
          
          
                          June 8, 2016.)
          
            SUPPORT:  

          Riverside County Transportation Commission

          OPPOSITION:

          None received

          
          

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