BILL NUMBER: SB 518INTRODUCED BILL TEXT INTRODUCED BY Senator Lowenthal FEBRUARY 26, 2009 An act to amend Section 76360 of the Education Code, and to add Division 19 (commencing with Section 43000) to the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST SB 518, as introduced, Lowenthal. Vehicles: parking services and fees. (1) Existing law regulates the amount of fees that a community college district may charge for parking and authorizes the governing board of a community college district to require payment of a parking fee at a campus in excess of established limits for the purpose of funding the construction of oncampus parking facilities if certain conditions are met. This bill would delete these provisions and instead require that state funds not be used, directly or indirectly, to subsidize parking services, except as specified, for students, employees, or other persons on district-owned or district-leased property on and after January 1, 2011. The bill also would authorize the governing board of a community college district to exempt specified students who receive financial assistance or who rideshare or carpool from paying parking fees that exceed a specified amount. (2) Under existing law, the State Building Construction Act, state funds may be used to fund the construction or operations of parking facilities in California. Under existing law, a city, county, or city and county is authorized to provide for the parking of motor vehicles, including the construction and operation of parking facilities, and the acquisition of land, property, and rights of way necessary or convenient for use as public parking places. This bill would prohibit, notwithstanding any other provision of law on and after January 1, 2011, the use of state funds to, directly or indirectly, subsidize the construction or operations of parking in California, except as specified, and for this purpose, the bill would define both the construction and operating costs of parking, the full cost of a parking space, transit intensive areas, and specify the exceptions to this requirement. A violation of the Vehicle Code is a crime. The bill would require, on or before January 1, 2012, a city, county, or city and county to adopt and implement, or have adopted and implemented, measures from a specified menu that achieve a total score of at least 20 points, based on the points associated with that menu to ensure that a city, county, or city and county manages its parking so that the actual cost of a parking space equals its full cost, as specified. By increasing the duties of local public officials, the bill would impose a state-mandated local program. The bill also would authorize a city, county, or city and county, to request the State Air Resources Board to approve and award points for other alternate measures to reduce or eliminate subsidies that fail to charge users for the full cost of a parking space, as specified. The bill also would provide that if a city, county, or city and county adopts and implements measures to achieve a total score of at least 50 points from the specified menu, the city, county, or city and county, with respect to any application for competitive loan or grant programs funded by a general obligation bond approved by the voters on or after January 1, 2010, would receive bonus points equal to 5% of the total available points. (3) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) The transportation sector contributes over 40 percent of the greenhouse gas emissions in the State of California; automobiles and light trucks alone contribute almost 30 percent. The transportation sector is the single largest contributor of greenhouse gases of any sector. (b) In 2006, the Legislature passed and the Governor signed Assembly Bill 32 (Chapter 488 of the Statutes of 2006; hereafter AB 32), which requires the State of California to reduce its greenhouse gas emissions to 1990 levels no later than 2020. According to the State Air Resources Board, in 1990 greenhouse gas emissions from automobiles and light trucks were 108 million metric tons, but by 2004 these emissions had increased to 135 million metric tons. (c) Greenhouse gas emissions from automobiles and light trucks can be substantially reduced by new vehicle technology and by the increased use of low carbon fuel. However, even taking these measures into account, it will be necessary to achieve significant additional greenhouse gas reductions by reducing vehicle trips and per capita vehicle miles traveled. Without those reductions, California will not be able to achieve the goals of AB 32. (d) In addition, automobiles and light trucks account for 50 percent of air pollution in California and 70 percent of the state's consumption of petroleum. Reducing vehicle trips will provide significant assistance to California's goals to implement the federal and state Clean Air Acts and to reduce the state's dependence on petroleum. (e) The existence of "free" parking is a significant factor that encourages vehicle trips. At employment sites, employer-paid parking increases rates of driving by as much as 22 percent. Conversely, employee-paid parking reduces rates of driving by the same amount. On a congested street, eliminating just 10 percent of vehicles results in freeflowing traffic. Because parking is underpriced, it is overconsumed. (f) Excessive governmental parking requirements greatly expand the built footprint and increase travel distances, thereby increasing per capita measures of vehicle miles traveled and reducing the viability of clean transportation modes that help to achieve the state's global warming targets, including walking, bicycling, and public transportation. (g) Parking is costly to build and maintain. Where land is valued at $1 million an acre, the land beneath a parking space would rent at approximately $1,000 a year. Building a structured parking space costs between $17,000 and $30,000, with underground spaces costing significantly more. Annual operations and maintenance costs vary from $100 and $500 per space per year. When parking is provided free to the user, these costs are hidden elsewhere in the cost of doing business. Free parking at stores is paid for by all customers in higher prices for goods, including those customers who do not drive. Free employer parking is paid for by lower wages for all workers, including those who do not drive. Free onstreet parking is paid for by the entire community in the form of taxes. (h) Eliminating subsidies and revealing the actual cost of parking to drivers has enormous potential to reduce greenhouse gas and other pollution emissions through reducing vehicle trips. In the short term, changes to parking policy can reduce greenhouse gas emissions more than all other strategies combined. Eliminating parking subsidies can also improve social equity by lowering prices for those who choose not to drive, often lower-income households. SEC. 2. Section 76360 of the Education Code is amended to read:76360. (a) (1) The governing board of a community college district may require students in attendance and employees of the district to pay a fee, in an amount, not to exceed forty dollars ($40) per semester and twenty dollars ($20) per intersession, to be established by the board, for parking services. The fee shall only be required of students and employees using parking services and shall not exceed the actual cost of providing parking services.76360. (a) Except as provided in subdivision (b), state funds shall not be used, directly or indirectly, to subsidize parking services for students, employees, or other persons on district-owned or district-leased property on and after January 1, 2011. Parking services are not subsidized if parking user fees cover land and construction costs within no less than 15 years, and operation and maintenance costs on an annual basis. (b) (1) The governing board of a community college district may exempt students who receive financial assistance pursuant to any programs described in subdivision (g) of Section 76300 from parking fees that exceed twenty dollars ($20) per semester. (2) To encourage ridesharing and carpooling,forthe governing board of a community college district may exempt a student who certifies, in accordance with procedures established by the board, that he or she regularly has two or more passengers commuting to the community college with him or her in the vehicle parked at the community college,the fee shall notfrom parking fees that exceed thirty dollars ($30) per semester and ten dollars ($10) per intersession.(b) (1) The governing board may require payment of a parking fee at a campus in excess of the limits set forth in subdivision (a) for the purpose of funding the construction of on-campus parking facilities if both of the following conditions exist at the campus:(A) The full-time equivalent (FTES) per parking space on the campus exceeds the statewide average FTES per parking space on community college campuses.(B) The market price per square foot of land adjacent to the campus exceeds the statewide average market price per square foot of land adjacent to community college campuses.(2) If the governing board requires payment of a parking fee in excess of the limits set forth in subdivision (a), the fee may not exceed the actual cost of constructing a parking structure.(c) Students who receive financial assistance pursuant to any programs described in subdivision (g) of Section 76300 shall be exempt from parking fees imposed pursuant to this section that exceed twenty dollars ($20) per semester.(d) The governing board of a community college district may also require the payment of a fee, to be established by the governing board, for the use of parking services by persons other than students and employees.(e)(c) All parking fees collected shall be deposited in the designated fund of the district in accordance with the California Community Colleges Budget and Accounting Manual, and shall be expended only for parking services or for purposes of reducing the costs to students and employees of the college of using public transportation to and from the college.(f)(d) Fees collected for use of parking services provided for by investment of student body funds under the authority of Section 76064 shall be deposited in a designated fund in accordance with the California Community Colleges Budget and Accounting Manual for repayment to the student organization.(g)(e) "Parking services," as used in this section, means the purchase, construction, and operation and maintenance of parking facilities for vehicles and motor vehicles as defined by Sections 415 and 670 of the Vehicle Code. SEC. 3. Division 19 (commencing with Section 43000) is added to the Vehicle Code, to read: DIVISION 19. PARKING REQUIREMENTS 43000. For the purposes of this division, the following terms have the following meaning: (a) "Full cost of a parking space" means the sum of all of the following: (1) Annualized land cost. For above-ground structured parking within a larger building, assume a fractional land cost based upon above-ground volume of the parking facility compared to other occuppiable space. For entirely underground parking, assume no land value. To annualize the cost, divide actual or fractional land cost by 10. For leased land, use the annual lease rate. (2) Annualized construction cost. Include full project cost divided by the useful life of the facility. If actual costs are not available, use a per-space cost from a relevant parking construction cost index, and assume a 40-year useful life. (3) Annualized operations and maintenance costs. Include lighting, landscape, irrigation, security, insurance, pavement maintenance, collections, enforcement, and related costs. (b) "Transit intensive area" means central business districts, areas within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code, and areas within one-quarter mile of a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code. 43001. (a) Notwithstanding any other provision of law, state funds shall not be used, directly or indirectly, except as provided in subdivision (b), to subsidize the construction or operations of parking in California on and after January 1, 2011. For the purposes of this section, the construction costs of parking include the land, design, environmental review, permitting, project management, mitigation, and actual construction costs. Operating costs include debt service, maintenance, insurance, enforcement, collections, utilities, security, and other ancillary costs necessary to the operations of the parking facility. The construction or operation of parking is not subsidized if parking user fees cover construction costs within no less than 15 years and operating costs on an annual basis. (b) All of the following are exceptions to subdivision (a): (1) Locations where the cost of collecting payment for parking would exceed 75 percent of total revenue collected. (2) Existing parking facilities at state parks where parking demand does not exceed capacity on more than 10 percent of days. (3) Existing parking facilities at state-owned or leased employment facilities that employ 25 or fewer state employees or contractors where parking demand does not exceed capacity on more than 10 percent of days during peak hours. (4) Locations where existing employee collective bargaining agreements forbid payment of parking, until the time that those agreements expire. (5) Locations where federal rules, prior contracts, or prior funding agreements restrict payment for parking. 43002. (a) On or before January 1, 2012, a city, county, or city and county shall adopt and implement, or have adopted and implemented, measures from the following menu that achieve a total score of at least 20 points, based on the points associated with each menu item: +-----------------------------------------+-------+ |MEASURE |POINTS | +-----------------------------------------+-------+ |PARKING REQUIREMENTS AND ZONING | | +-----------------------------------------+-------+ |Eliminate minimum parking requirements | | |citywide or within the unincorporated | | |county. |20 | +-----------------------------------------+-------+ |Reduce average minimum parking | | |requirements for all general office, | | |general retail, general commercial, and | | |similar development citywide or within | | |the unincorporated county to: | | |Less than 3 spaces per 1,000 square feet |2 | |Less than 2 spaces per 1,000 square feet |5 | |Less than 1 space per 1,000 square feet |10 | +-----------------------------------------+-------+ |Eliminate minimum parking requirements | | |for projects in transit intensive areas. |10 | +-----------------------------------------+-------+ |Establish maximum parking restrictions | | |for all general office, general retail, | | |general commercial, and similar | | |development at or below the following: | | |3 spaces per 1,000 square feet |10 | |2 spaces per 1,000 square feet |15 | |1 space per 1,000 square feet |20 | +-----------------------------------------+-------+ |Establish commercial parking maximums of | | |2 or fewer spaces per 1,000 sq. feet | | |citywide or within the unincorporated | | |county. |10 | +-----------------------------------------+-------+ |Establish commercial parking maximums of | | |2 or fewer spaces per 1,000 sq. feet in | | |transit intensive areas. |5 | +-----------------------------------------+-------+ |Establish residential parking maximums | | |of 1 or fewer spaces per unit in transit | | |intensive areas. |5 | +-----------------------------------------+-------+ |Establish design controls requiring | | |parking to be underground or ""wrapped'' | | |in active uses on building frontages | | |facing public streets. |2 | +-----------------------------------------+-------+ |Remove restrictions against residential | | |tandem parking, including eliminating | | |requirements that parking must be | | |independently accessible to count toward | | |minimum residential parking requirement, | | |if any. |2 | +-----------------------------------------+-------+ |Remove restrictions against mechanized | | |and mechanical ""lift'' parking, | | |including counting mechanized spaces | | |toward minimum requirement, if any. |2 | +-----------------------------------------+-------+ |Establish a shared parking ordinance and | | |requirements for interconnection of | | |parking in all commercial areas. |2 | +-----------------------------------------+-------+ |Remove or increase allowable density | | |limits and floor area ratios (FAR), | | |allowing infill development on existing | | |parking lots. |10 | +-----------------------------------------+-------+ |PARKING AND TRANSPORTATION DEMAND | | |MANAGEMENT | | +-----------------------------------------+-------+ |Adopt an ordinance to require that any | | |lease for a residential dwelling unit | | |within a housing development of five or | | |more units, if a parking space or spaces | | |are provided in connection with the | | |lease, include a separate unbundled | | |charge for the parking space or spaces | | |that reflects the full cost of the | | |parking space or spaces but is not less | | |than the number of parking spaces | | |multiplied by the cost of a monthly | | |transit pass within the city, county, or | | |city and county and that the lessee may | | |opt out of the parking charge by | | |foregoing use of the parking space or | | |spaces. |5 | +-----------------------------------------+-------+ |Adopt an ordinance to require that any | | |lease for commercial space in a complex | | |of five or more commercial tenants | | |include a separate unbundled charge for | | |the parking space or spaces that | | |reflects the full cost of the parking | | |space or spaces but is not less than | | |the number of parking spaces multiplied | | |by the cost of a monthly transit pass | | |within the city, county, or city and | | |county and that the lessee may opt out | | |of the parking charge by foregoing use | | |of the parking space or spaces. |5 | +-----------------------------------------+-------+ |Adopt an ordinance to require that any | | |new employment contract under which the | | |employer provides a parking space within | | |the city, county, or city and county | | |include a nonreimbursable charge to the | | |employee that reflects the full cost of | | |the parking space but is not less than | | |the cost of a monthly transit pass | | |within the city, county, or city and | | |county and that the employee may opt out | | |of by foregoing use of the parking space.|5 | +-----------------------------------------+-------+ |Adopt an ordinance to require employers | | |to offer transit passes to all | | |employees, including full time, part | | |time, and seasonal employees, on a | | |pretax basis and certify | | |compliance upon application for a new or | | |renewal business license. |2 | +-----------------------------------------+-------+ |PARKING MANAGEMENT | | +-----------------------------------------+-------+ |Adopt an ordinance to set on-street | | |parking meter and public parking lot and | | |garage rates to achieve an 85% target | | |occupancy rate during hours when | | |adjacent businesses are open or employ | | |demand-responsive rates that vary | | |throughout the day to achieve an 85% | | |target occupancy rate. |10 | +-----------------------------------------+-------+ |Establish a Parking Benefit District, | | |whereby all or a portion of new public | | |parking revenues are directed toward | | |improvements within the district where | | |the revenue was raised. |5 | +-----------------------------------------+-------+ |Establish a Residential Parking Benefit | | |District, whereby a limited number of | | |commuters may pay to park in an | | |otherwise restricted Residential Parking | | |Permit area, with the net revenue | | |directed toward improvements within the | | |district where the revenue was raised. |5 | +-----------------------------------------+-------+ |Install parking meters in areas with | | |parking occupancy rates of greater than | | |85% and establish meter rates such that | | |parking availability improves to 85% or | | |better. |2 | +-----------------------------------------+-------+ |PARKING REVENUE | | +-----------------------------------------+-------+ |Adopt an ordinance to direct at least | | |50% of net public parking revenues to | | |programs that reduce parking demand, | | |including, but not limited to, public | | |transit, transportation demand | | |management, or bicycle and pedestrian | | |infrastructure and promotion. |3 | +-----------------------------------------+-------+ |Adopt a parking sales tax or use fee | | |upon parkers, with at least 85% of | | |resulting net revenue directed at | | |programs that reduce parking demand, | | |including, but not limited to, public | | |transit, transportation demand | | |management, or bicycle and pedestrian | | |infrastructure and promotion. |5 | +-----------------------------------------+-------+ |Adopt a parking impact fee or property | | |assessment on parking owners, with at | | |least 85% of resulting net revenue | | |directed at programs that reduce parking | | |demand, including, but not limited to, | | |public transit, transportation demand | | |management, or bicycle and pedestrian | | |infrastructure and promotion. |5 | +-----------------------------------------+-------+ (b) Upon request by a city, county, or city and county, the State Air Resources Board may approve and award points for other alternate measures to reduce or eliminate subsidies that fail to charge users for the full cost of a parking space, if points are awarded in a manner that is roughly proportionate to the estimated reduction in vehicle trips to be achieved by the alternate measure, in comparison with the measures described in subdivision (a). (c) If a city, county, or city and county adopts and implements measures to achieve a total score of at least 50 points, with respect to any application submitted by the city, county, or city and county for competitive loan or grant programs funded by a general obligation bond approved by the voters on or after January 1, 2010, the city, county, or city and county shall receive bonus points equal to 5 percent of the total available points. (d) Cities, counties, and cities and counties are encouraged to address any parking spillover from new development through the use of residential parking permits or other parking management strategies and to provide residents who resided in the parking permit zone prior to adoption of the parking permit zone a parking permit for free. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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. However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.