BILL ANALYSIS Ó AB 2586 Page 1 GOVERNOR'S VETO AB 2586 (Gatto) As Enrolled September 9, 2016 2/3 vote -------------------------------------------------------------------- |ASSEMBLY: |66-11 |(June 2, 2016) |SENATE: |23-11 |(August 25, | | | | | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- -------------------------------------------------------------------- |ASSEMBLY: |67-7 |(August 30, | | | | | | |2016) | | | | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: TRANS. SUMMARY: Makes changes to a variety of parking provisions. The Senate amendments: AB 2586 Page 2 1)Delete provisions prohibiting 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. 2)Delay implementation, until January 1, 2020, of the requirement that local authorities who prohibit or restrict parking or stopping of vehicles for street sweeping or other maintenance activities, must make the street available to motorists as soon as the activities are concluded, regardless of the posted hours. 3)Provide that a vehicle may park for up to two hours, rather than up to the posted time limit, at inoperable parking meters or inoperable payment centers. 4)Clarify that a violation for exceeding the two hour "grace period" at an inoperable meter is subject to civil penalties and is neither an infraction nor public offense. 5)Make related, clarifying amendments. AS PASSED BY THE ASSEMBLY, this bill: 1)Declared the intent of the Legislature that if a local authority prohibits or restricts parking or standing of vehicles for the purposes of street sweeping, the local authority shall ensure that parking is made available as soon as the street sweeping is completed. 2)Deleted the sunset on provisions authorizing parking, up to the posted time limit, at inoperable parking meters or in AB 2586 Page 3 operable parking payment centers (with kiosks), thereby extending these provisions indefinitely. 3)Prohibited 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. 4)Prohibited 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. FISCAL EFFECT: None. This bill is keyed non-fiscal by the Legislative Counsel. COMMENTS: According to the author, every year cities issue thousands of parking tickets to motorists for every imaginable violation. He notes that in many cases these excessive citations 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 and that 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. Broken Parking Meters: In 2012, SB 1388 (DeSaulnier), Chapter 70, Statutes of 2012 established a general rule that a vehicle AB 2586 Page 4 owner may park, up to the posted time limit, without penalty, in any parking space where the parking meter or parking payment center is inoperable. SB 1388 contained a provision that allowed local jurisdictions to adopt different rules, provided that adequate notice of the rule was provided at the parking location. As a result, some local jurisdictions began banning parking at inoperable meters using posted signs to notify motorists, in compliance with SB 1388. To address this loophole, Assembly Member Gatto introduced AB 61, Chapter 71, Statutes of 2013, to prohibit local jurisdictions from ticketing at inoperable meters. AB 61 included a sunset provision making it inoperable after January 1, 2017. The author contends that the intent of AB 61, to make as many parking spaces available to motorists as possible, has been achieved and it 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, allows motorists to park for free. Given data that shows that parking meter vandalism is more frequent at meters that offer longer term parking (such as 10-hour meters) and the fact that the majority of parking meters are set at two hour increments, the author has amended this bill such that a vehicle may only park for a maximum of two hours at an inoperable parking meter. This amendment would allow the parking spaces with inoperable meters to be utilized but would discourage parking meter vandalism. Private Parking Enforcement: The author points out that in the face of limited manpower, many local governments have turned to the privatization of parking enforcement operations. While the author does not take issue with this method of performing this much needed enforcement, he notes that some parking enforcement contracts contain provisions that incentivize enforcement contractors to issue citations. The author feels that these practices results in overly harsh or unfair enforcement. While AB 2586 Page 5 it could be argued that these parties are simply enforcing existing law, as the author points out, creating financial incentives for these companies or other incentives, such as improved prospects for renewed contracts, can lead to overzealous enforcement resulting in costly fines to motorists for what can be perceived as relatively minor offenses. GOVERNOR'S VETO MESSAGE: I am returning Assembly Bill 2586 without my signature. This bill requires local authorities to make parking spaces available to motorists as soon as street sweeping or other maintenance activities are completed. During posted street sweeping hours, local agencies may provide several types of services such as tree trimming, leaf removal and utility maintenance. The current policy, which establishes a clear restriction on parking during regular road maintenance, leaves no gray area as to when motorists can park and provides agencies time to complete their work. If enacted, this bill would add more confusion for motorists who occupy spaces in the belief that they are available when maintenance crews may still need to provide services in the area. It would also hinder localities' ability to provide important services to their residents. Analysis Prepared by: Victoria Alvarez / TRANS. / (916) 319-2093 FN: 0005130 AB 2586 Page 6