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) 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  April 12, 2023

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 amend Section 671.1 of, and to add Article 2.3 (commencing with Section 258) to Chapter 2 of Division 1 of 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 fee, except to a public corporation, for the issuance of a permit to recover the department’s costs in issuing encroachment permits.

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 prohibit the department from charging an encroachment permit fee to an agent of a public corporation or for the application and placement of a parklet on a state highway. The bill would require the department to consider an encroachment permit application for commercial use. 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 applicable state and federal law in establishing the standard fee structure, authorize the department to adjust the fee schedule to comply with applicable state and federal law, and require the department to report to the Legislature if it adjusts the fee schedule to comply with applicable state or federal law, as provided.

Digest Key

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

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Bill Text

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

SECTION 1.

 The Legislature finds and declares all of the following:

(a) According to the National Association of City Transportation Officials, the presence of a parklet increases the number of people who stop to socialize and engage in positive behavior.

(b) Parklets serve as “eyes on the streets,” a term coined by Jane Jacobs that implies that when there are more people around, neighborhoods become safer, more vibrant, and more communal.

(c) During the COVID-19 pandemic, parklets provided a necessary solution for businesses to adapt to new safety measures in order to stay open, providing an economic boost to businesses all throughout the surrounding neighborhood.

(d) Parklets contribute community-centric benefits to a neighborhood by offering people free open areas to gather, and promote a sense of community ownership over these public spaces.

(e) State and local emergency orders during the COVID-19 pandemic provided a low-cost and easy way for businesses to have parklets permitted and constructed. As these emergency orders are lifted and permits begin to expire, businesses and local governments are facing higher costs and administrative barriers to procuring or retaining a parklet permit.

SECTION 1.SEC. 2.

 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 of 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 consider an encroachment permit application for a parklet for commercial use.

258.2.258.3.

 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.).

258.3.258.4.

 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.

258.4.258.5.

 (a) In implementing this article, the department shall comply with applicable state and federal law. law, including, but not limited to, Section 2 of Article XIX of the California Constitution.

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

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

SEC. 3.

 Section 671.1 of the Streets and Highways Code is amended to read:

671.1.

 The department may establish a fee schedule and charge a fee for the issuance of permits pursuant to the provisions of this chapter, except that no such fee shall be charged by the department to any public corporation. corporation or an agent thereof. The fee schedule established by the department shall not produce a total estimated revenue in excess of the estimated total cost to the department for administering the provisions of this chapter, excluding the cost of issuing permits exempted by statute or regulation from the payment of fees. Funds collected pursuant to this section shall be deposited in the State Highway Account in the State Transportation Fund.