Bill Text: CA AB475 | 2011-2012 | Regular Session | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Vehicles: offstreet parking: electric vehicles.

Spectrum: Bipartisan Bill

Status: (Passed) 2011-09-07 - Chaptered by Secretary of State - Chapter 274, Statutes of 2011. [AB475 Detail]

Download: California-2011-AB475-Enrolled.html

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BILL NUMBER: AB 475	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 18, 2011
	PASSED THE ASSEMBLY  AUGUST 22, 2011
	AMENDED IN SENATE  JUNE 21, 2011
	AMENDED IN SENATE  JUNE 7, 2011
	AMENDED IN ASSEMBLY  APRIL 25, 2011
	AMENDED IN ASSEMBLY  MARCH 24, 2011

INTRODUCED BY   Assembly Member Butler
   (Coauthor: Assembly Member Achadjian)

                        FEBRUARY 15, 2011

   An act to amend Sections 22511 and 22511.5 of the Vehicle Code,
relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 475, Butler. Vehicles: offstreet parking: electric vehicles.
   (1) Existing law authorizes a local authority, by ordinance or
resolution, and a person in lawful possession of an offstreet parking
facility, to designate stalls or spaces in an offstreet parking
facility owned or operated by that local authority or person for the
exclusive purpose of fueling and parking a vehicle that displays a
valid zero emission vehicle (ZEV) decal identification posted on the
driver's side rear window or bumper of the vehicle or, if the vehicle
does not have a rear window or bumper, on the driver's side of the
windshield, issued by the Department of Motor Vehicles pursuant to
these provisions. Existing law, for purposes of those provisions,
defines a "zero emission vehicle" to mean any car, truck, or other
vehicle that produces no tailpipe or evaporative emissions.
   This bill would instead allow only a vehicle that is connected for
electric charging purposes to park in these designated stalls or
spaces, and would define "electric vehicle" to mean any car, truck,
or other vehicle that does not produce tailpipe or evaporative
emissions or is a plug-in hybrid electric vehicle (PHEV), as that
term is used by the State Air Resources Board. The bill would also
authorize the removal of these vehicles from an offstreet parking
facility if they are not connected for electric charging purposes.
The bill would delete the requirement for the display of decal
identification from this provision.
   Existing law further prohibits a person from parking or leaving
standing a vehicle in a stall or space so designated for a zero
emission vehicle unless a valid zero emission vehicle decal
identification is displayed on that vehicle. A violation of that law
is a crime.
   This bill would instead apply that prohibition to a vehicle in a
stall or space designated pursuant to the above provisions unless the
vehicle is connected for electric charging purposes. The bill would
also prohibit a person from parking or leaving standing a specified
vehicle unless the vehicle is connected for electric charging
purposes. The bill would delete the requirement for the display of
decal identification from this provision. By expanding the scope of a
crime, the bill would impose a state-mandated local program.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


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

  SECTION 1.  Section 22511 of the Vehicle Code is amended to read:
   22511.  (a) A local authority, by ordinance or resolution, and a
person in lawful possession of an offstreet parking facility may
designate stalls or spaces in an offstreet parking facility owned or
operated by that local authority or person for the exclusive purpose
of charging and parking a vehicle that is connected for electric
charging purposes.
   (b) If posted in accordance with subdivision (d) or (e), the owner
or person in lawful possession of a privately owned or operated
offstreet parking facility, after notifying the police or sheriff's
department, may cause the removal of a vehicle from a stall or space
designated pursuant to subdivision (a) in the facility to the nearest
public garage if the vehicle is not connected for electric charging
purposes.
   (c) If posted in accordance with subdivision (d), the local
authority owning or operating an offstreet parking facility, after
notifying the police or sheriff's department, may cause the removal
of a vehicle from a stall or space designated pursuant to subdivision
(a) in the facility to the nearest garage, as defined in Section
340, that is owned, leased, or approved for use by a public agency if
the vehicle is not connected for electric charging purposes.
   (d) The posting required for an offstreet parking facility owned
or operated either privately or by a local authority shall consist of
a sign not less than 17 by 22 inches in size with lettering not less
than one inch in height that clearly and conspicuously states the
following: "Unauthorized vehicles not connected for electric charging
purposes will be towed away at owner's expense. Towed vehicles may
be reclaimed at
_________________________________or by telephoning
                 (Address)
_______________________________________________.''
(Telephone number of local law enforcement agency)


   The sign shall be posted in either of the following locations:
   (1) Immediately adjacent to, and visible from, the stall or space.

   (2) In a conspicuous place at each entrance to the offstreet
parking facility.
   (e) If the parking facility is privately owned and public parking
is prohibited by the posting of a sign meeting the requirements of
paragraph (1) of subdivision (a) of Section 22658, the requirements
of subdivision (b) may be met by the posting of a sign immediately
adjacent to, and visible from, each stall or space indicating that a
vehicle not meeting the requirements of subdivision (a) will be
removed at the owner's expense and containing the telephone number of
the local traffic law enforcement agency.
   (f) This section does not interfere with existing law governing
the ability of local authorities to adopt ordinances related to
parking programs within their jurisdiction, such as programs that
provide free parking in metered areas or municipal garages for
electric vehicles.
  SEC. 2.  Section 22511.1 of the Vehicle Code is amended to read:
   22511.1.  (a) A person shall not park or leave standing a vehicle
in a stall or space designated pursuant to Section 22511 unless the
vehicle is connected for electric charging purposes.
   (b) A person shall not obstruct, block, or otherwise bar access to
parking stalls or spaces described in subdivision (a) except as
provided in subdivision (a).
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.