BILL NUMBER: AB 1186	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 24, 2009
	AMENDED IN ASSEMBLY  MAY 28, 2009

INTRODUCED BY   Assembly Member Blumenfield

                        FEBRUARY 27, 2009

   An act to  add Section 43846 to   amend
Section 43845 of  the Health and Safety Code, relating to air
pollution.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1186, as amended, Blumenfield. Employee parking.
   Existing law requires, in any air basin designated as
nonattainment for certain air quality standards, an employer of 50
persons or more that provides a parking subsidy to employees, to also
offer a parking cash-out program, as provided.
   This bill would require a lessor  of a nonresidential
building, located within such an air basin, that offers parking to
tenants of the building to list the parking costs as a separate line
item in all lease agreements that are entered into, or renewed, on or
after January 1, 2011. The bill would make this requirement
applicable only to the lessor of a nonresidential building that
enters into, or renews, a lease agreement that provides occupancy for
50 or more persons   that enters into or renews a lease
with an employer subject to the requirement above, on or before
January 1, 2011, to list the amount of parking costs as a separate
line item in the lease or provide a list of parking costs to the
lessee within 30 days after the lease is entered into or renewed
 .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 43845 of the   Health
and Safety Code   is amended to read: 
   43845.  (a)  In any air basin designated as a nonattainment area
pursuant to Section 39608, each employer  of 50 persons or
more who provides a parking subsidy to employees,  shall
offer a parking cash-out program.  "Parking cash-out program"
means an employer-funded program under which an employer offers to
provide a cash allowance to an employee equivalent to the parking
subsidy that the employer would otherwise pay to provide the employee
with a parking space. 
   (b)  A parking cash-out program may include a requirement that
employee participants certify that they will comply with guidelines
established by the employer designed to avoid neighborhood parking
problems, with a provision that employees not complying with the
guidelines will no longer be eligible for the parking cash-out
program. 
   (c) A lessor shall do either of the following for any lease,
entered into or renewed on or after January 1, 2011, with a lessee
who is an employer subject to subdivision (a), that offers parking to
the employer:  
   (1) List the amount of parking costs as a separate line item in
the lease.  
   (2) Provide a list of parking costs to the lessee within 30 days
after the lease is entered into or renewed.  
   (c) 
    (d)  As used in this section, the following terms have
the following meanings:
   (1)  "Employee" means an employee of an employer subject to this
section. 
   (2) "Employer" means an employer of 50 persons or more who
provides a parking subsidy to employees.  
   (3) "Parking cash-out program" means an employer-funded program
under which an employer offers to provide a cash allowance to an
employee equivalent to the parking subsidy that the employer would
otherwise pay to provide the employee with a parking space. 

   (2) 
    (4)  "Parking subsidy" means the difference between the
out-of-pocket amount paid by an employer on a regular basis in order
to secure the availability of an employee parking space not owned by
the employer and the price, if any, charged to an employee for use of
that space. 
   (d) 
    (e)  Subdivision (a) does not apply to any employer who,
on or before January 1, 1993, has leased employee parking, until the
expiration of that lease or unless the lease permits the employer to
reduce, without penalty, the number of parking spaces subject to the
lease. 
   (e)
    (f)  It is the intent of the Legislature, in enacting
this section, that the cash-out requirements apply only to employers
who can reduce, without penalty, the number of paid parking spaces
they maintain for the use of their employees and instead provide
their employees the cash-out option described in this section.

  SECTION 1.    Section 43846 is added to the Health
and Safety Code, to read:
   43846.  (a) The lessor of a nonresidential building, located
within an air basin designated as a nonattainment area pursuant to
Section 39608, that offers parking to tenants of the building shall
list the parking costs as a separate line item in all lease
agreements that are entered into, or renewed, on or after January 1,
2011.
   (b) This section applies only to the lessor of a nonresidential
building that enters into, or renews, a lease agreement that provides
occupancy for 50 or more persons.