California Assembly Bill AB475 Amended / Bill

 BILL NUMBER: AB 475AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 24, 2011 INTRODUCED BY Assembly Member Butler 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, as amended, Butler. Vehicles: offstreet parking: electric vehicles.  Existing   (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 make those provisions applicable to an electric vehicle, 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 plugged in for fueling purposes.  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 make that prohibition applicable to a vehicle in a stall or space designated pursuant to the above provisions unless a valid electric vehicle decal identification is displayed on that vehicle.  The bill would also prohibit a person from parking or leaving standing a specified vehicle unless the vehicle is plugged in for fueling purposes. 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.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program:  no   yes  . 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 fueling and parking a vehicle that displays a valid electric vehicle (EV) decal identification posted on the driver's side rear window or bumper of the vehicle or, notwithstanding any other law, 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 this section  , while the vehicle is currently plugged in for fueling   purposes  . The designation shall be made by posting a sign in compliance with subdivision (d) or (e). (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 a valid EV decal identification issued pursuant to this section is not displayed on the vehicle  and the vehicle is not currently plugged in for fueling 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 a valid EV decal identification issued pursuant to this section is not displayed on the vehicle  and the vehicle is not currently plugged in for fueling 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 displaying valid electric vehicle decal identifications  and that are not plugged in for fueling 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) (1) For purposes of implementing this section, the Department of Motor Vehicles shall make available for issuance, for a fee determined by the Department of Motor Vehicles to be sufficient to reimburse it for actual costs incurred pursuant to this section, distinctive decals for electric vehicles. (2) The department shall design the decal, which shall be two inches by two inches, and be placed on the driver's side rear window or bumper of the vehicle, or, notwithstanding any other law, if the vehicle does not have a rear window or bumper, on the driver's side of the windshield. Each decal shall display a unique number. The decal may be provided to car dealers who sell electric vehicles for distribution to EV purchasers. (g) For purposes of this section, "electric vehicle" means 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. (h) 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  may   shall  not park or leave standing a vehicle in a stall or space designated pursuant to Section 22511 unless a valid electric vehicle decal identification issued pursuant to Section 22511 is displayed on that vehicle  and the vehicle is currently plugged in for fueling purposes  . (b) A person  may   shall  not obstruct, block, or otherwise bar access to parking stalls or spaces described in subdivision (a) except as provided in subdivision (a). (c) A person shall not display a decal issued pursuant to Section 22511 on a vehicle that does not use electricity as the motive power.  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.