BILL ANALYSIS                                                                                                                                                                                                    Ó



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          GOVERNOR'S VETO


          AB  
          2586 (Gatto)


          As Enrolled  September 9, 2016


          2/3 vote


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          |ASSEMBLY:  |66-11 |(June 2, 2016) |SENATE: |23-11 |(August 25,      |
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          |ASSEMBLY:  |67-7  |(August 30,    |        |      |                 |
          |           |      |2016)          |        |      |                 |
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          Original Committee Reference:  TRANS.


          SUMMARY:  Makes changes to a variety of parking provisions.


          The Senate amendments: 










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          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  








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            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  








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          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  








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          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










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