BILL ANALYSIS �
Bill No: AB
2414
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Lou Correa, Chair
2013-2014 Regular Session
Staff Analysis
AB 2414 Author: Ting
As Introduced: February 21, 2014
Hearing Date: June 24, 2014
Consultant: Paul Donahue
SUBJECT
Parking facilities: Electric vehicle charging
DESCRIPTION
Specifies 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
prohibited by the California Constitution.
EXISTING LAW
1)Generally prohibits the Legislature from making, or
authorizing the making of, gifts of public funds unless
it determines that the funds serve a public purpose.<1>
2)Authorizes the Department of General Services (DGS) to
acquire real property, as specified, and to construct,
operate, and maintain motor vehicle parking facilities
for state officers and employees, or other persons, as
specified.
3)Authorizes DGS to enter into arrangements with other
public and state agencies for joint use of motor vehicle
parking facilities if the benefit to be derived by the
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<1> Cal Const. art. XVI � 6
AB 2414 (Ting) continued
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state is commensurate with its participation; prescribe
the terms and condition of this parking, including the
payment of parking fees in any amounts and under any
circumstances as determined by DGS; and establish various
rates for parking fees based on location, parking
facility, or number of riders in each vehicle.
4)Provides that revenues received by DGS for these motor
vehicle parking facilities as designated by the Director
of DGS, and under the jurisdiction of any other state
agency that has entered into an agreement with DGS for
the payment of revenues, be deposited into the General
fund and are continuously appropriated to DGS for the
construction, operation, and maintenance of motor vehicle
parking facilities, as specified.<2>
BACKGROUND
Purpose of the bill . This bill clarifies that the use of
electricity by officers and employees of any state or
government entity or by members of the public for the
charging of an electric vehicle in a DGS-managed or joint
use parking facility is not an illegal gift of public
funds. The aim of this bill is to encourage the state
development and use of electric charging stations.
Author's statement : According to the author, this bill
"ensures that electric vehicle charging stations built in
parking areas developed by state government entities are
not considered gifts of public funds. Across the state,
government entities are actively working to establish
robust electric vehicle charging systems. While electric
vehicle charging stations provide benefits to individuals,
they also serve a public purpose. Electric vehicle charging
stations in public parking areas increase the availability
and awareness of electric vehicle charging, which serve as
an important part of replacing [greenhouse gas]-emitting
cars and trucks with clean electric vehicles."
Prohibition on public gifts : The California Constitution
prohibits the state and its subdivisions from making, or
authorizing the making, "of any gift, of any public money
or thing of value to any individual, municipal or other
corporation." The primary question to be considered when
determining whether an appropriation of public funds is
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<2> See Govt. Code � 14678
AB 2414 (Ting) continued
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considered a gift is whether the funds are used for a
private or public purpose. If they are used for a public
purpose, they are not a gift within the meaning of this
constitutional prohibition, even if there may be incidental
benefit to private persons.<3>
Although a court may be unlikely to determine that the
provision of electricity through electric charging stations
is an unconstitutional gift of public funds that is used
for a private purpose, this bill does not prohibit a court
from making such a determination because a statute cannot
supersede a constitutional provision. As a result, this
bill merely seeks to clarify that providing electricity
without charge through electric charging stations in state
parking facilities is viewed as having a public purpose,
and is therefore not a gift of public funds in violation of
the California Constitution.
Supporters : According to the California Municipal Utilities
Association, "our members currently help facilitate the
implementation of electric vehicle charging infrastructure.
Many of these charging stations are located at state and
locally owned facilities. Public awareness of these
facilities often starts with public promotion and usage by
public officials and state employees. In furtherance of
state policies promoting the transition to an electric
vehicle economy, any potential obstacles that may limit
state employees and other public officials from accessing
electric vehicle charging facilities should be removed."
PRIOR/RELATED LEGISLATION
SB 454 (Corbett), Chapter 418, Statutes of 2013. Prohibits
operators of electric vehicle charging stations from
restricting access only to subscribers or members, and
required stations to accept credit cards or mobile payment
technologies.
SB 459 (Pavley), Chapter 437, Statutes of 2013. Requires
the ARB to expand the size and scope of a program that
subsidizes the purchase of new clean vehicles for
low-income drivers.
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<3> County of Alameda v. Janssen (1940) 16 Cal.2d 276
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AB 1092 (Levine), Chapter 410, Statutes of 2013. Requires
the California Building Standards Commission to adopt and
publish mandatory building standards for the installation
of future electric vehicle charging infrastructure for
parking spaces in multifamily dwellings and nonresidential
development.
AB 2583 (Blumenfield), Chapter 676, Statutes of 2012.
Requires DGS and Caltrans to develop and implement advanced
technology vehicle parking incentive programs in specified
DGS- and Caltrans-operated parking facilities to
incentivize the purchase and use of alternative fuel
vehicles in the state.
AB 2644 (Butler), 2011-2012 Session. Would have required
the Building Standards Commission to adopt building
standards for the construction, installation, and
alteration of electric vehicle charging stations for
parking spaces in single-family residential real property.
(Held in Assembly Housing and Community Development
Committee)
SUPPORT:
California Electric Transportation Coalition
California Municipal Utilities Association
Sacramento Electric Vehicle Association
Southern California Public Power Authority
OPPOSE:
None on file
FISCAL COMMITTEE: No.
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