BILL ANALYSIS                                                                                                                                                                                                    



                                                                    SB 1051


                                                                    Page  1





          Date of Hearing:  June 28, 2016 


                ASSEMBLY COMMITTEE ON PRIVACY AND CONSUMER PROTECTION


                                   Ed Chau, Chair


          SB  
          1051 (Hancock) - As Amended June 14, 2016


          SENATE VOTE:  37-0


          SUBJECT:  Vehicles:  parking enforcement:  video image evidence


          SUMMARY:  Authorizes the Alameda-Contra Costa Transit District  
          (AC Transit), until January 1, 2022, to install and operate  
          forward-facing cameras on public transit vehicles to enforce  
          parking violations in transit-only traffic lanes.  Specifically,  
          this bill:  





          1)Authorizes AC Transit to install forward-facing cameras on AC  
            Transit-owned buses for the purpose of recording and enforcing  
            parking violations occurring in transit-only traffic lanes  
            until January 1, 2022. 




          2)Requires AC Transit, prior to issuing parking violations, to  
            issue only warning notices for 30 days and make a public  








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            announcement of the enforcement program at least 30 days prior  
            to commencement of issuing parking violations.




          3)Requires a contracted law enforcement agency that is by  
            qualified by AC Transit to issue parking citations, to also  
            review video image recordings for the purpose of determining  
            whether a parking violation occurred in a transit-only traffic  
            lane. 




          4)Specifies that a contracted law enforcement agency for AC  
            Transit is required to issue a notice of a parking violation  
            to the registered owner of a vehicle within 15 calendar days  
            of the date of the violation. 




          5)Specifies that a violation of an ordinance enacted by AC  
            Transit and occurring in a transit-only traffic lane in the  
            recordings that is observed by a designated employee of AC  
            Transit is subject to a civil penalty.




          6)Requires the notice of violation to include:




             a)   a statement indicating that payment is required within  
               21 calendar days from the date of citation issuance, and  
               the procedure to pay the parking penalty or contest the  








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               citation; 




             b)   the date, time, and location of the violation, the  
               vehicle license number, registration expiration date if  
               visible, the color of the vehicle, and, if possible, the  
               make of the vehicle; and 




             c)   information regarding the process for requesting review  
               of the video image evidence along with the notice of  
               parking violation.




          1)Requires the notice of parking violation, or copy of the  
            notice, to be considered a record kept in the ordinary course  
            of business of AC Transit and shall be prima facie evidence of  
            the facts contained in the notice. 



          2)Requires the registered owner of the cited vehicle to be  
            permitted to review the video image evidence of the alleged  
            violation during normal business hours at no cost. 




          3)Permits the video image evidence to be retained for up to six  
            months from the date the information was first obtained, or 60  
            days after final disposition of the citation, whichever date  
            is later, after which time the information shall be destroyed,  
            as specified.   








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          4)Specifies that video image evidence from forward-facing  
            automated enforcement devices that does not contain evidence  
            of a parking violation occurring in a transit-only traffic  
            lane must be destroyed within 15 days after the information  
            was first obtained. 




          5)Authorizes the contracted law enforcement agency for AC  
            Transit to contract with a private vendor for the processing  
            of notices of parking violations and delinquent violations,  
            and requires AC Transit to maintain overall control and  
            supervision of the program.




          6)Requires AC Transit to provide to the transportation and  
            judiciary committees of the Legislature an evaluation of the  
            enforcement system's effectiveness, impact on privacy, cost to  
            implement, and generation of revenue, no later than January 1,  
            2021.




          7)Expands the definition of "local agency" to include AC Transit  
            in addition to the City and County of San Francisco (San  
            Francisco). 




          8)Makes legislative findings and declarations related to the  








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            necessity of a special statute for AC Transit, and states that  
            in order to protect the individual privacy rights of those  
            individuals depicted in video camera footage relating to  
            parking violations, it is necessary that this act limit the  
            public's right of access to the images captured by an  
            automated parking control device installed on AC Transit-owned  
            public transit vehicles.

          EXISTING LAW:   


          1)Authorizes San Francisco to install automated forward-facing  
            parking control devices on city-owned public transit vehicles  
            for the purpose of capturing parking violations occurring in  
            transit-only traffic lanes.  (Vehicle Code (VC) Sections 40240  
            and 40241)



          2)Defines a "transit-only traffic lane" to mean any designated  
            transit-only lane on which use is restricted to mass transit  
            vehicles, or other designated vehicles including taxis and  
            vanpools, during posted times.  (VC 40240 (h))



          3)Requires automated forward facing parking control devices to  
            be angled and focused so as to capture video images of parking  
            violations and not unnecessarily capture identifying images of  
            other drivers, vehicles, and pedestrians.  (VC 40240 (a))



          4)Establishes AC Transit which is the third-largest public bus  
            system in California, serving 13 cities and adjacent  
            unincorporated areas in Alameda and Contra Costa counties.  AC  
            Transit is governed by a seven-member Board of Directors  
            elected by East Bay voters to four year terms.  This Board has  
            full power to conduct all business of the District including:  








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            the right to acquire, construct, own, operate, and control  
            transit facilities; to fix rates; and to establish routes and  
            levels of service.  (Public Utilities Code Section 24501)


          FISCAL EFFECT:   None.  This bill has been keyed nonfiscal by  
          the Legislative Counsel.  


          


          COMMENTS:  
           1)Purpose of this bill  .  This bill authorizes AC Transit to  
            adopt as a five-year pilot program an existing parking  
            enforcement program operating in San Francisco that uses  
            forward-facing cameras affixed to city-owned buses to issue  
            parking tickets for vehicles illegally stopped in transit-only  
            lanes.  This measure is sponsored by AC Transit. 


           2)Author's statement  .  According to the author, "SB 1051 will  
            give the Alameda-Contra Costa Transit District (AC Transit)  
            authority to use forward facing cameras to enforce parking  
            violations in the East Bay.  In 2007, legislation (AB 101, Ma)  
            authorized a pilot program in San Francisco to enforce parking  
            violations in transit-only traffic lanes through the use of  
            video cameras.  


             


             ". . . the program has successfully managed to improve bus  
            reliability and reduce the frequency of illegal parking.   
            There were no privacy concerns that emerged from the use of  
            video cameras and the program did not function as a revenue  
            raiser for the City. . . This is a particularly acute safety  
            and access issue for those individuals who have disabilities  








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            or need extra assistance with the boarding process, like  
            children or the elderly. . .  


            ".  . . SB 1051 does not add a major responsibility to any  
            state agency.  It simply expands existing law to allow AC  
            Transit to implement a program that has been demonstrated to  
            work."



          3)AC Transit  .  AC Transit operates an extensive network of  
            public transit routes that cover 13 cities in Alameda and  
            Contra Costa Counties.  According to AC Transit's website, the  
            total area served by AC Transit is approximately 390 square  
            miles, with a population of about 1.4 million.  

          AC Transit is currently building a Bus Rapid Transit (BRT) line  
            along a corridor from Berkeley to San Leandro that aims to  
            increase reliability and reduce travel times by utilizing a  
            transit-only lane for most of the 9.5 mile route with stops at  
            raised station platforms.  Service is expected to begin in  
            November 2017.  This bill is intended to maximize the utility  
            of the forthcoming BRT by authorizing a TOLE program to deter  
            parking violations in the new transit-only lane. 


           4)Transit-Only Lane Enforcement (TOLE) program  .  AB 101 (Ma),  
            Chapter 377, Statutes of 2007, established the initial TOLE  
            pilot program through 2011, which authorized San Francisco to  
            install automated forward-facing parking control devices on  
            city-owned public transit vehicles for the purpose of taking  
            video images of parking violations occurring in designated  
            transit-only lanes.  Using TOLE, vehicles illegally parked or  
            stopped within a dedicated transit lane can have their license  
            plate captured by a video camera on a passing bus and a  
            citation mailed to the registered owner.  TOLE cameras were  
            originally installed in 2009 on 30 city-owned buses that  
            operated in San Francisco's network of transit-only lanes.  








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          Four years later, AB 1041 (Ma), Chapter 325, Statutes of 2011,  
            expanded the program to authorize photo enforcement on any  
            lanes designated as transit-only as opposed to a pre-defined  
            list of specific streets in anticipation of the planned  
            expansion of the transit-only lane network.  As of 2014, the  
            San Francisco Municipal Transportation Agency (SFMTA), states  
            that they have installed TOLE cameras on their entire fleet of  
            over 800 vehicles.  


            In a March 2015 TOLE Pilot Program Evaluation report submitted  
            to the Legislature by SFMTA, they state that the program has  
            been a deterrent to drivers who might otherwise obstruct San  
            Francisco's transit-only lanes.  The report states that "over  
            the last five years of the program, the proportion of tickets  
            issued to high frequency offenders (vehicles receiving three  
            or more TOLE citations for parking illegally in a transit-only  
            lane) has declined from 17% in 2011 to 1% in 2014. . . this  
            program is a strong success and has improved safety and  
            reliability for Muni customers and other roadway users."  In  
            2014, 5% of all parking citations issued in 2014 in San  
            Francisco were TOLE citations.

           5)Privacy-related elements of the TOLE program  .  According to  
            SFMTA, the TOLE camera data is limited to transit-only lane  
            parking enforcement. Recorded footage is kept on a dedicated  
            solid state hard drive for the TOLE program.  The authorizing  
            statute requires that the video footage only be used to  
            determine whether or not a parking violation occurred in a  
            transit-only lane, and that the registered owner of the car  
            cited for a violation has a statutory right to view the  
            footage.  Video footage may be retained for up to six months,  
            although footage that does not contain evidence of a parking  
            violation in a transit-only traffic lane must be destroyed  
            within 15 days of collect.  SFMTA states that they have  
            received zero privacy complaints to-date about the TOLE  








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            program.

           6)Arguments in support  .  According to the bill's sponsor, AC  
            Transit: "given the issues experienced in San Francisco with  
            vehicles illegally stopped in bus only lanes, AC Transit is  
            sponsoring SB 1051 in order to have this authority in place  
            before [BRT] service begins."    



           7)Related legislation  . SB 998 (Wieckowski) would create an  
            infraction for parking in a transit-only traffic lane.  SB 998  
            is scheduled for hearing in the Assembly Transportation  
            Committee on June 27, 2016. 



          SB 218 (Huff) would have prohibited the use of stop-sign cameras  
            by the Mountain Recreation and Conservation Authority.  SB 218  
            failed passage in the Senate Natural Resources Committee. 
           8)Previous legislation  . AB 1287 (Chiu), Chapter 485, Statutes of  
            2015, removed the sunset on the authority of San Francisco's  
            pilot program for video enforcement of parking violations in  
            transit-only traffic lanes. 



          AB 1041 (Ma), Chapter 325, Statutes of 2011, extended the sunset  
            on the authority of San Francisco's pilot program for video  
            enforcement of parking violations in transit-only traffic  
            lanes to January 1, 2016. 



            AB 101 (Ma), Chapter 377, Statutes of 2007, authorized San  
            Francisco to establish a pilot program for video enforcement  
            of parking violations in transit-only traffic lanes which  
            expired January 1, 2012.









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           9)Suggested Committee amendment  .  Because this bill creates a  
            pilot program and requires AC Transit to submit a report to  
            the transportation and judiciary committees of the Legislature  
            evaluating the effectiveness of the program - including its  
            impact on privacy - the Committee and author may wish to  
            consider amending this bill to include this Committee in the  
            list of report recipients.   
             


                Page 5, line 4, after the word "transportation" add ",  
               privacy"





           10)Double-referral  . This bill was double-referred to the  
            Assembly Transportation Committee, where it was heard on June  
            21, 2016, and passed out 16-0.   



          REGISTERED SUPPORT / OPPOSITION:




          Support


          Alameda-Contra Costa Transit District (AC Transit) (sponsor)


          Alameda County Transportation Commission (Alameda CTC)








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          California Public Parking Association (CPPA)


          San Francisco Bay Area Rapid Transit District (BART)




          Opposition


          None on file.




          Analysis Prepared by: Jessica Langtry & Hank Dempsey / P. & C.P.  
          / (916) 319-2200