BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2414|
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THIRD READING
Bill No: AB 2414
Author: Ting (D)
Amended: As introduced
Vote: 21
SENATE GOVERNMENTAL ORGANIZATION COMMITTEE : 8-2, 6/24/14
AYES: Correa, Cannella, De Le�n, Galgiani, Hernandez, Lieu,
Padilla, Torres
NOES: Berryhill, Vidak
NO VOTE RECORDED: Vacancy
ASSEMBLY FLOOR : 52-20, 5/8/14 - See last page for vote
SUBJECT : Parking facilities: electric vehicle charging
SOURCE : Author
DIGEST : This bill 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.
ANALYSIS :
Existing law:
1. Prohibits the Legislature from making, or authorizing the
making of, gifts of public funds unless it determines that
CONTINUED
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the funds serve a public purpose.
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 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 establishes 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.
This bill 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.
Background
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 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
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constitutional prohibition, even if there may be incidental
benefit to private persons.
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.
Comments
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 a robust electric vehicle charging system.
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."
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 6/24/14)
California Electric Transportation Coalition
California Municipal Utilities Association
Sacramento Electric Vehicle Association
Southern California Public Power Authority
ARGUMENTS IN SUPPORT : 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
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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."
ASSEMBLY FLOOR : 52-20, 5/8/14
AYES: Alejo, Ammiano, Atkins, Bloom, Bocanegra, Bonilla, Bonta,
Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau,
Chesbro, Cooley, Dababneh, Daly, Dickinson, Fong, Fox,
Frazier, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gray, Hall,
Roger Hern�ndez, Holden, Jones-Sawyer, Levine, Lowenthal,
Medina, Mullin, Muratsuchi, Nazarian, Pan, Perea, Quirk,
Quirk-Silva, Rendon, Rodriguez, Salas, Skinner, Stone, Ting,
Weber, Wieckowski, Williams, Yamada, John A. P�rez
NOES: Achadjian, Allen, Bigelow, Ch�vez, Conway, Dahle,
Donnelly, Beth Gaines, Grove, Hagman, Jones, Linder, Logue,
Maienschein, Melendez, Nestande, Olsen, Wagner, Waldron, Wilk
NO VOTE RECORDED: Eggman, Gorell, Harkey, Mansoor, Patterson,
V. Manuel P�rez, Ridley-Thomas, Vacancy
MW:d 6/25/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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