BILL ANALYSIS Ó SENATE COMMITTEE ON TRANSPORTATION AND HOUSING Senator Jim Beall, Chair 2015 - 2016 Regular Bill No: AB 2586 Hearing Date: 6/28/2016 ----------------------------------------------------------------- |Author: |Gatto | |----------+------------------------------------------------------| |Version: |5/31/2016 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Erin Riches | |: | | ----------------------------------------------------------------- SUBJECT: Parking DIGEST: This bill makes changes to several existing law provisions relating to parking restrictions. ANALYSIS: Existing law: 1)Allows local authorities, by ordinance or resolution, to prohibit or restrict parking vehicles on designated streets or highways, or portions thereof, for the purpose of street sweeping. The days and hours of the restrictions must be clearly posted, as specified. 2)Allows a vehicle to park, for up to the posted time limit, in any parking space that is regulated by an inoperable parking meter or parking payment center. Prohibits a local authority from prohibiting or restricting parking in spaces regulated by inoperable parking meters or payment centers. This provision sunsets on January 1, 2017. This bill: 1)States legislative intent that if a local authority prohibits or restricts parking in designated areas for the purpose of street sweeping, the local authority, as soon as street sweeping has concluded, shall ensure that the designated areas are promptly made available for parking, regardless of posted AB 2586 (Gatto) Page 2 of ? hours. 2)Repeals the 2017 sunset on the provision prohibiting local authorities from prohibiting or restricting parking in spaces regulated by inoperable meters, making this provision permanent. 3)Prohibits a person providing valet services in a business district from: a) Prohibiting a vehicle from parking in an otherwise available parking space regulated by a parking meter b) Prohibiting a vehicle from stopping or standing for the purpose of loading or unloading passengers in any space or area that has been designated for that purpose 4)Prohibits a local authority, when contracting with a private entity to enforce parking regulations, to promote the following activities in connection with issuing violation notices: a) Provide any monetary or other incentive, such as the promise of a future contract, for the issuance of a specified or higher number of violation notices b) Increase any violation fine in order to cover the cost of the contracted enforcement service COMMENTS: 1)Purpose. The author states that unfortunately, budget deficits have led many local governments to run their public parking enforcement programs as an additional source of revenue rather than as a mechanism for enforcing sensible parking restrictions. In 2014, parking tickets were responsible for approximately $165 million of Los Angeles' city budget and almost $130 million of San Francisco's city budget. According to the author, this profit-driven enforcement system has a disproportionate impact on low- to moderate-income residents who live in densely populated areas. The author states that this bill will address some troubling local parking policies, such as restricting parking long after street sweeping is complete and incentivizing private parties who contract with cities to enforce parking restrictions more harshly than originally intended. 2)Street sweeping. This bill declares legislative intent that AB 2586 (Gatto) Page 3 of ? parking should resume on a street as soon as street sweeping is completed, in an effort to free up available parking spaces that would otherwise be unusable for blocks of time regardless of whether or not street sweeping has concluded. It might be difficult, however, for a driver to know exactly when that has occurred. 3)Broken parking meters. SB 1388 (DeSaulnier) of 2012 established a general rule that a vehicle may park at a broken parking meter up to the posted time limit, without penalty. SB 1388 included a provision allowing local jurisdictions to adopt different rules; as a result, some began banning parking at inoperable meters using posted signs to notify motorists, as required by SB 1388. To address this loophole, AB 61 (Gatto) of 2013 prohibited local jurisdictions from ticketing at broken meters. This bill removes the sunset on that provision. 4)Private parking enforcement. In the face of limited manpower, many local jurisdictions have turned to privatization of parking enforcement operations. This bill prohibits a local authority from providing certain incentives when contracting out for parking enforcement. The author states that these practices incentivize companies to practice overly harsh or unfair enforcement, resulting in costly fines for what could be perceived as relatively minor offenses. 5)Opposition concerns. Writing in opposition to this bill, the League of California Cities states that it is currently surveying its members about implementation of AB 61 of 2013 (see "Related Legislation below), which allowed parking at broken parking meters. The League states that initial responses indicate a significant increase in meter vandalism in the two years since the bill's implementation. Also writing in opposition to this bill, the California Public Parking Association states that issues such as parking during posted street sweeping hours, contracting with private parking enforcement, and restrictions on valet services are issues that should be gauged at the local level by local governing bodies. 6)Amendments. The author will accept amendments in committee to remove the provisions relating to valet services. The committee understands that removing these provisions will remove some of the opposition to this bill. AB 2586 (Gatto) Page 4 of ? Related Legislation: AB 61 (Gatto, Chapter 71, Statutes of 2013) - prohibits, until January 1, 2017, a city or county from citing vehicles for parking at an inoperable parking meter or parking payment center for up to the posted time limit. SB 1388 (DeSaulnier, Chapter 70, Statutes of 2012) - established a general rule that a vehicle may park without penalty in any parking space for up to the posted time limit if the parking meter or parking payment center is inoperable, but allows a city or county to adopt a different rule if it provides adequate notice of the rule at parking locations, parking meters, or parking payment centers. Assembly Votes: Floor: 66-11 Appr: 19-1 L.Gov: 6-3 Trans: 16-0 FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes POSITIONS: (Communicated to the committee before noon on Wednesday, June 22, 2016.) SUPPORT: Howard Jarvis Taxpayers Association OPPOSITION: California Public Parking Association City of Culver City City of Downey City of Highland City of Lake Forest City of Lakewood City of Livermore City of Ontario AB 2586 (Gatto) Page 5 of ? City of Sacramento City of San Carlos City of West Covina City of West Hollywood Culver City Chamber of Commerce League of California Cities Marin County Council of Mayors and Councilmembers Town of Danville Town of Tiburon West Hollywood Chamber of Commerce Westside Council Chambers of Commerce -- END --