BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2586| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 2586 Author: Gatto (D) Amended: 8/19/16 in Senate Vote: 21 SENATE TRANS. & HOUSING COMMITTEE: 9-1, 6/28/16 AYES: Beall, Cannella, Bates, Gaines, Galgiani, Leyva, Mendoza, Roth, Wieckowski NOES: McGuire NO VOTE RECORDED: Allen ASSEMBLY FLOOR: 66-11, 6/2/16 - See last page for vote SUBJECT: Parking SOURCE: Author DIGEST: This bill makes changes to several existing law provisions relating to parking restrictions. Senate Floor Amendments of 8/19/16 provide that local authorities have until January 1, 2020, to ensure that parking is opened back up upon conclusion of street-sweeping; add "and other maintenance activities" to the references to parking restrictions related to street-sweeping; limit parking at inoperable meters to two hours and provide that a violation of this provision is subject to civil penalties; and delete the provision prohibiting a local authority, when contracting with a private entity to enforce parking regulations, to increase any violation fines in order to cover the cost of the contracted activity. ANALYSIS: AB 2586 Page 2 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)Requires, by January 1, 2020, that if a local authority prohibits or restricts parking in designated areas for the purpose of street sweeping and other maintenance activites, it must ensure that the designated areas are promptly made available for parking, regardless of posted hours, as soon as street sweeping has concluded. 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. Provides that a driver may park at an inoperable meter for up to two hours, and provides that a violation is subject to civil penalties and is neither an infraction nor a public offense. 3)Prohibits a local authority, when contracting with a private entity to enforce parking regulations, from providing 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. Comments 1)Purpose. The author states that unfortunately, budget AB 2586 Page 3 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 requires local authorities to allow parking to resume on a street as soon as street sweeping or other maintenance activities are 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 or other maintenance activities have concluded. It might be difficult, however, for a driver to know exactly when that has occurred. 3)Broken parking meters. SB 1388 (DeSaulnier, Chapter 70, Statutes 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, Chapter 71, Statutes 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 AB 2586 Page 4 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, 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 and contracting with private parking enforcement are issues that should be gauged at the local level by local governing bodies. FISCAL EFFECT: Appropriation: No Fiscal Com.:NoLocal: No SUPPORT: (Verified8/21/16) Howard Jarvis Taxpayers Association OPPOSITION: (Verified8/21/16) California Public Parking Association City of Agoura Hills City of Culver City City of Downey City of Highland City of La Mirada City of Lake Forest City of Lakewood City of Livermore City of Norwalk City of Ontario City of Sacramento City of San Carlos City of West Covina AB 2586 Page 5 City of West Hollywood Culver City Chamber of Commerce League of California Cities Marin County Council of Mayors and Councilmembers San Francisco Municipal Transportation Agency Town of Danville Town of Tiburon West Hollywood Chamber of Commerce Westside Council of Chambers of Commerce ASSEMBLY FLOOR: 66-11, 6/2/16 AYES: Achadjian, Alejo, Travis Allen, Arambula, Bigelow, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Jones, Jones-Sawyer, Kim, Lackey, Linder, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Obernolte, O'Donnell, Olsen, Patterson, Ridley-Thomas, Rodriguez, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon NOES: Baker, Bonilla, Cooley, Cooper, Gordon, Irwin, Levine, Lopez, Mullin, Quirk, Salas NO VOTE RECORDED: Atkins, Bloom, Nazarian Prepared by:Erin Riches / T. & H. / (916) 651-4121 8/22/16 23:05:47 **** END ****