California Legislature—2013–14 Regular Session

Assembly Bill No. 2414

Introduced by Assembly Member Ting

February 21, 2014

An act to amend Section 14678 of the Government Code, relating to state government.

LEGISLATIVE COUNSEL’S DIGEST

AB 2414, as introduced, Ting. Parking facilities: electric vehicle charging.

The California Constitution generally prohibits the making of a gift of any public money, or thing of value.

Existing law authorizes the Department of General Services to acquire real property to operate and maintain motor vehicle parking facilities, as specified. Existing law authorizes the department to enter into arrangements with other public and state agencies for joint use of these parking facilities, as specified.

This bill would specify that the use of electricity by state government and other government entities, state officers and employees, or other persons for the charging of an electric vehicle in a department maintained or joint use motor vehicle parking facility is not a gift of public funds that is prohibited by the California Constitution.

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 14678 of the Government Code is
amended to read:

14678.  

The Department of General Services is authorized to
acquire, pursuant to the Property Acquisition Law (Part 11,
commencing with Section 15850, Division 3, Title 2, Government
Code) or by lease or other means, real property and to construct,
operate, and maintain motor vehicle parking facilities thereon for
state officers and employees, or other persons, provided that no
such acquisition shall be commenced pursuant to the Property
Acquisition Law unless and until an appropriation of funds therefor
has been made by the Legislature. The department may enter into
arrangements with other public and state agencies for joint use of
motor vehicle parking facilities, provided the benefit to be derived
by the state is commensurate with its participation. The department
may prescribe the terms and conditions of this parking, including
the payment of parking fees in any amounts and under any
circumstances as may be determined by the department. Varying
rates of parking fees may be established for different localities or
for different parking facilities. The department may charge different
rates of parking fees based on the number of riders in each vehicle.
In determining rates of parking fees the department shall consider
the rates charged in the same locality by other public agencies and
by private employers for employee parking. begin insert The use of electricity
by state government and other government entities, state officers
and employees, or other persons for the charging of an electric
vehicle in a department maintained or joint use motor vehicle
parking facility is not a gift of public funds by the department that
is prohibited by Section 6 of Article XVI of the California
Constitution. end insert

Revenues received by the department from (a) any of the
hereinabove motor vehicle parking facilities as may be designated
by the director, and (b) motor vehicle parking facilities under the
jurisdiction of any other state agency which has entered into an
agreement with the department for the payment of revenues
therefrom to the department, shall be deposited in the General
Fund and are hereby appropriated, without regard to fiscal years,
to the Department of General Services for the construction,
operation, and maintenance of motor vehicle parking facilities on
real property acquired hereunder or on real property under the
jurisdiction of any other state agency which has agreed to the
payment of revenues as aforesaid from its motor vehicle parking
facilities to the department, for reimbursement to state agencies
for all or part of the costs incurred by these agencies in selling
public transit passes at a discount to defray state agency employees’
commuting costs, and for other approved transportation subsidy
programs. The department shall certify to the Department of
Finance the amount of funds available for reimbursement of
transportation subsidies. The Department of Finance shall
determine the amount that may be withdrawn by state agencies
for payment of these subsidies. Requests from state agencies for
reimbursement shall include appropriate verification of the state
agency’s costs. Any unneeded balance in this appropriation shall
be transferred by the Controller on order of the Director of General
Services to the unappropriated balance of the General Fund.

The Legislature by this section does not intend to authorize the
institution of a private parking program unrelated to state purposes
in competition with private industry.