BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  May 11, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2586 (Gatto) - As Amended April 6, 2016


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          |Policy       |Transportation                 |Vote:|16 - 0       |
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          |             |Local Government               |     |6 - 3        |
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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          Yes


          SUMMARY:


          This bill makes several changes to the state's parking laws.  
          Specifically, this bill: 


          1)Deletes the January 1, 2017, sunset on provisions authorizing  
            parking, up to the posted time limit, at inoperable parking  
            meters or inoperable parking payment centers (kiosks).








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          2)Prohibits valet parking services in business districts from  
            restricting motorists' ability to park in available metered  
            parking spaces and from prohibiting motorists from using  
            designated passenger loading areas.


          3)Prohibits a local authority, when using contracted private  
            parking enforcement services, from promoting incentives  
            (monetary or otherwise) for issuing higher numbers of  
            violations, or increasing fines to cover the costs of the  
            contracted enforcement services. 


          4)Requires a local jurisdiction, when installing new parking  
            technology, to consider the feasibility of demand-based  
            pricing technology and to identify appropriate locations where  
            it can be utilized.


          5)Requires the local jurisdiction to include a written finding  
            regarding the consideration in (4) before installing new  
            parking technology and to retain a copy of the finding and  
            post it on their website.


          FISCAL EFFECT:


          Potential significant reimbursable costs to the extent local  
          agencies must undertake feasibility studies to consider  
          demand-based pricing technology prior to upgrading their parking  
          meters. While local jurisdictions might undertake such analyses  
          regardless of this bill, this mandate will require state  
          reimbursement for this activity. These costs are unknown, but  
          for example, the City of Sacramento indicates that, in 2013, it  
          spent about $400,000 for studies in advance of upgrading its  
          parking meter technology.








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          COMMENTS:


          1)Purpose. According to the author, every year cities issue  
            thousands of parking tickets to motorists for every imaginable  
            violation ranging from parking at inoperable meters,  
            obstructing driveways, parking too close to fire hydrants and  
            stop signs, and abandoning vehicles.  He asserts that, in  
            part, these actions are driven by budget deficits that forced  
            many local governments to run their parking enforcement  
            programs as revenue-generation mechanisms rather than as a  
            mechanism to enforce sensible parking restrictions.  He points  
            out that these excessive citations add up.  In 2014 alone, the  
            City of Los Angeles generated $165 million in citations and,  
            similarly, the City of San Francisco generated $130 million.   
            The author has introduced this bill, which he describes as a  
            "Parking Bill of Rights," to address a variety of parking  
            offenses that he believes are being excessively cited by local  
            jurisdictions and are overly punitive.


          2)Broken Parking Meters. This bill removes the sunset on  
            provisions set forth in AB 61 (Gatto), Chapter 71, Statutes of  
            2013, which until 2017 prohibit local governments from  
            ticketing cars parked at broken meters until 2017. The author  
            contends that allowing this prohibition to expire will allow  
            local jurisdictions to simply resume ticketing after the  
            sunset date.


            The author contends that the intent of AB 61, to make as many  
            parking spaces available to motorists as possible, has been  
            achieved.  He contends that AB 61 has also created an  
            incentive for local jurisdictions to promptly repair or  
            replace broken meters.  Local jurisdictions, on the other  
            hand, contend, that AB 61, while well intended, encouraged  
            increased parking meter vandalism which, when successful,  








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            allows motorists to park for free.


          3)Valet Parking. The bill also prohibits valet parking operators  
            from blocking metered spaces and loading zones from public  
            use. The author notes that this provision addresses numerous  
            complaints from motorists in the Los Angeles area that valet  
            parking services are unfairly utilizing public parking stalls  
            to benefit only a small handful of businesses and individuals.


          4)Demand-Based Parking. The author notes that demand-based  
            pricing, which allows prices to fluctuate based on demand, can  
            serve as a mechanism to increase "turnover" of parking spaces,  
            making more parking stalls available throughout the day. He  
            notes that while some cities have successfully implemented  
            this system, many cities fail to consider it, and he feels  
            that this bill would encourage local jurisdictions to look at  
            and potentially implement these parking alternatives.  


            The San Francisco Metropolitan Transportation Authority  
            (SFMTA), recently upgraded all of that city's 29,000 parking  
            meters to demand-based "smart meters," contends these meters  
            improve parking availability without increasing double  
            parking, congestion, or parking citations.  Additionally,  
            SFMTA noted that "cruising" for parking spaces decreased by  
            30% and meter-related parking tickets decreased 23% after the  
            "smart meters" were installed.


          5)Opposition. The League of California Cities generally opposes  
            each aspect of the bill as an unnecessary restriction on local  
            governments' authority to regulate parking.


          Analysis Prepared by:Chuck Nicol / APPR. / (916)  
          319-2081









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