Bill Text: CA SB672 | 2023-2024 | Regular Session | Amended

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

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Bill Title: Residential property insurance.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2023-06-26 - Re-referred to Com. on INS. pursuant to Assembly Rule 96. [SB672 Detail]

Download: California-2023-SB672-Amended.html

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Amended  IN  Senate  March 22, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 672

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Introduced by Senator McGuire

February 16, 2023

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An act to add Article 2.3 (commencing with Section 258) to Chapter 2 of Division 1 of the Streets and Highways Code, relating to transportation.

LEGISLATIVE COUNSEL'S DIGEST

SB 672, as amended, McGuire. State highways: parklets.

Existing law establishes the Department of Transportation and vests it with full possession and control of all state highways and all property and rights in property for state highway purposes. Existing law authorizes the department to issue a written permit to place an encroachment on the state highway and to charge a fee for the issuance of a permit to recover the department’s costs in issuing encroachment permits.

This bill would state the intent of the Legislature to enact subsequent legislation relating to the use of state highway right-of-way for parklets.

This bill would require the department to establish a standard fee structure for the application and placement of a parklet on a state highway, as specified. The bill would require the department to establish certain standards for the design, installation, and inspection of a parklet on a state highway. The bill would prohibit the department from charging an encroachment permit fee for a parklet. The bill would require the department to comply with federal law in establishing the standard fee structure, authorize the department to adjust the fee schedule to comply with federal law, and require the department to report to the Legislature if it adjusts the fee schedule to comply with federal law, as provided.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Article 2.3 (commencing with Section 258) is added to Chapter 2 of Division 1 of the Streets and Highways Code, to read:

Article  2.3. Parklets

258.

 For purposes of this article, “parklet” means a small temporary constructed seating or community gathering area over an on-street parking space or an extension of the sidewalk into the operating state highway right-of-way.

258.1.

 (a) The department shall establish a standard fee structure for the application and placement of a parklet on a state highway. The fee structure shall be based on all the following:

(1) The number of parking spaces used for the parklet.

(2) The type of use, either commercial or public use.

(3) The proposed use of the right-of-way as a parklet.

(b) The department shall reduce the fees by one-half for both of the following:

(1) A business with less than two million dollars ($2,000,000) in annual revenue.

(2) A parklet proposed for public benefit.

258.2.

 The department shall establish standards for the design, installation, and inspection of a parklet on a state highway. The standards shall include, but are not limited to, all of the following:

(a) Safety requirements.

(b) Inspection criteria for before and after installation.

(c) Compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.).

258.3.

 The fees described in this article shall be the only fees the department collects for the application, placement, or both, of a parklet on a state highway. The department shall not charge a fee pursuant to Section 671.1 for a parklet subject to this article.

258.4.

 (a) In implementing this article, the department shall comply with applicable federal law.

(b) The department may adjust the fee schedule described in Section 258.1 to comply with federal law.

(c) (1) If the department adjusts the fee schedule pursuant to subdivision (b), then the department shall submit a report to the Legislature explaining the changes that were made and the reason for the changes, or if the department could not make changes to comply with federal law.

(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

SECTION 1.

It is the intent of the Legislature to enact subsequent legislation relating to the use of state highway right of way for parklets.