Amended IN Assembly April 20, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2206Introduced by Assembly Member LeeFebruary 15, 2022 An act to amend Section 43845 of the Health and Safety Code, relating to air pollution. LEGISLATIVE COUNSEL'S DIGESTAB 2206, as amended, Lee. Employee parking. Nonattainment basins: employee parking: parking cash-out program.Existing law requires, in any air basin designated as nonattainment for certain air quality standards, an employer, defined as an employer of 50 persons or more that provides a parking subsidy to employees, to also offer a parking cash-out program, as provided. program. Existing law defines parking cash-out program as an employer-funded program under which an employer offers to provide a cash allowance to an employee equivalent to the parking subsidy that the employer would otherwise pay to provide the employee with a parking space. Existing law defines a parking subsidy as the difference between the out-of-pocket amount paid by an employer on a regular basis in order to secure the availability of an employee parking space not owned by the employer and the price, if any, charged to an employee for use of that space.This bill would revise the definitions of employer, parking cash-out program, and parking subsidy. The bill would require a lessor that enters into or renews a lease on or after January 1, 2023, with a lessee that is an employer subject to the requirement above, on or after January 1, 2023, and that offers parking to the employer to list the amount of market-rate parking costs as a separate line item in the lease lease, as provided, or to provide a list of parking costs to the lessee employer within 30 days after the lease is entered into or renewed. The bill would require an employer to offer a parking cash-out program even if the employers lease does not comply with these requirements.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 43845 of the Health and Safety Code is amended to read:43845. (a) In As used in this section, the following terms have the following meanings:(1) Employee means an employee of an employer subject to this section.(2) Employer means an employer of 50 persons or more in the state who provides a parking subsidy to employees.(3) Parking cash-out program means an employer-funded program pursuant to which an employer offers to provide a cash allowance to employees where the cash allowance provided to each eligible employee is equal to or greater than the parking subsidy that the employer would otherwise pay to provide the employee with a parking space.(4) Parking subsidy means the difference between the price, if any, charged to an employee for the use of a parking space made available by an employer to that employee and either of the following:(A) The market rate of parking available to an employee, as required to be reflected in a lease pursuant to paragraph (1) of subdivision (d).(B) The out-of-pocket amount paid by an employer for onsite or offsite employee parking acquired through the marketplace, with no special rate offered because of a property lease, for an employee parking space not owned by the employer.(b) In any air basin designated as a nonattainment area pursuant to Section 39608, each employer shall offer a parking cash-out program.(b)(c) A parking cash-out program may include a requirement that an employee participant certifies that the employee participant will comply with guidelines established by the employer designed to avoid neighborhood parking problems, with a provision that an employee participant that is not in compliance with the guidelines will no longer be eligible for the parking cash-out program.(c)(d) (1)A lessor shall do either of the following for any lease, lease entered into or renewed on or after January 1, 2023, with a lessee who is an employer subject to subdivision (a), and that offers parking to the employer:(A) List the amount of market-rate parking costs as a separate line item in the lease. The market-rate parking costs shall be no less than if the parking were to be obtained by an individual unaffiliated with the property on which parking is provided or the employer through a transaction for the closest publicly available parking within one-half mile of the employees workplace.(B) Provide a list of parking costs to the lessee employer within 30 days after the lease is entered into or renewed.(2) Paragraph (1) does not create a right for an employee to access, review, or challenge a lease, or a proposed lease, entered into between an employer and a lessor. Upon the request of an employee, an employer shall give to that employee the parking cost information received from the lessor pursuant to paragraph (1).(d)As used in this section, the following terms have the following meanings:(1)Employee means an employee of an employer subject to this section.(2)Employer means an employer of 50 persons or more who provides a parking subsidy to employees.(3)Parking cash-out program means an employer-funded program pursuant to which an employer offers to provide a cash allowance to an employee equivalent to the parking subsidy that the employer would otherwise pay to provide the employee with a parking space.(4)Parking subsidy means the difference between the out-of-pocket amount paid by an employer on a regular basis in order to secure the availability of an employee parking space not owned by the employer and the price, if any, charged to an employee for use of that space.(e) An employer shall offer a parking cash-out program pursuant to subdivision (b) even if the employers lease does not comply with the requirements of paragraph (1) of subdivision (d). (e)(f) Subdivision (a) (b) does not apply to any employer who, on or before January 1, 1993, has leased employee parking, until the expiration of that lease or unless the lease permits the employer to reduce, without penalty, the number of parking spaces subject to the lease.(f)(g) It is the intent of the Legislature, in enacting this section, that the cash-out requirements apply only to an employer that can reduce, without penalty, the number of paid parking spaces it maintains for the use of its employees and instead provide its employees with the cash-out option described in this section.(g)(h) (1) The state board may impose the civil penalty described in Section 43016 for a violation of this section.(2) (A) A city, county, or air district may also adopt, by ordinance or resolution, a penalty or other mechanism to ensure that an employer within the jurisdiction of that city, county, or air district is in compliance with this section.(B) If a city, county, or air district establishes a penalty, the governing body shall also establish procedures for providing notice to an employer that is in violation of this section and for appeal by the employer of any penalty imposed.(C) If a city, county, or air district establishes a penalty pursuant to this paragraph, a penalty may be imposed on an employer pursuant to paragraph (1) or this paragraph, but not both. If a penalty is imposed on an employer pursuant to both paragraph (1) and this paragraph, only the penalty imposed by the state board shall apply.
Amended IN Assembly April 20, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2206Introduced by Assembly Member LeeFebruary 15, 2022 An act to amend Section 43845 of the Health and Safety Code, relating to air pollution. LEGISLATIVE COUNSEL'S DIGESTAB 2206, as amended, Lee. Employee parking. Nonattainment basins: employee parking: parking cash-out program.Existing law requires, in any air basin designated as nonattainment for certain air quality standards, an employer, defined as an employer of 50 persons or more that provides a parking subsidy to employees, to also offer a parking cash-out program, as provided. program. Existing law defines parking cash-out program as an employer-funded program under which an employer offers to provide a cash allowance to an employee equivalent to the parking subsidy that the employer would otherwise pay to provide the employee with a parking space. Existing law defines a parking subsidy as the difference between the out-of-pocket amount paid by an employer on a regular basis in order to secure the availability of an employee parking space not owned by the employer and the price, if any, charged to an employee for use of that space.This bill would revise the definitions of employer, parking cash-out program, and parking subsidy. The bill would require a lessor that enters into or renews a lease on or after January 1, 2023, with a lessee that is an employer subject to the requirement above, on or after January 1, 2023, and that offers parking to the employer to list the amount of market-rate parking costs as a separate line item in the lease lease, as provided, or to provide a list of parking costs to the lessee employer within 30 days after the lease is entered into or renewed. The bill would require an employer to offer a parking cash-out program even if the employers lease does not comply with these requirements.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly April 20, 2022
Amended IN Assembly April 20, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 2206
Introduced by Assembly Member LeeFebruary 15, 2022
Introduced by Assembly Member Lee
February 15, 2022
An act to amend Section 43845 of the Health and Safety Code, relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2206, as amended, Lee. Employee parking. Nonattainment basins: employee parking: parking cash-out program.
Existing law requires, in any air basin designated as nonattainment for certain air quality standards, an employer, defined as an employer of 50 persons or more that provides a parking subsidy to employees, to also offer a parking cash-out program, as provided. program. Existing law defines parking cash-out program as an employer-funded program under which an employer offers to provide a cash allowance to an employee equivalent to the parking subsidy that the employer would otherwise pay to provide the employee with a parking space. Existing law defines a parking subsidy as the difference between the out-of-pocket amount paid by an employer on a regular basis in order to secure the availability of an employee parking space not owned by the employer and the price, if any, charged to an employee for use of that space.This bill would revise the definitions of employer, parking cash-out program, and parking subsidy. The bill would require a lessor that enters into or renews a lease on or after January 1, 2023, with a lessee that is an employer subject to the requirement above, on or after January 1, 2023, and that offers parking to the employer to list the amount of market-rate parking costs as a separate line item in the lease lease, as provided, or to provide a list of parking costs to the lessee employer within 30 days after the lease is entered into or renewed. The bill would require an employer to offer a parking cash-out program even if the employers lease does not comply with these requirements.
Existing law requires, in any air basin designated as nonattainment for certain air quality standards, an employer, defined as an employer of 50 persons or more that provides a parking subsidy to employees, to also offer a parking cash-out program, as provided. program. Existing law defines parking cash-out program as an employer-funded program under which an employer offers to provide a cash allowance to an employee equivalent to the parking subsidy that the employer would otherwise pay to provide the employee with a parking space. Existing law defines a parking subsidy as the difference between the out-of-pocket amount paid by an employer on a regular basis in order to secure the availability of an employee parking space not owned by the employer and the price, if any, charged to an employee for use of that space.
This bill would revise the definitions of employer, parking cash-out program, and parking subsidy. The bill would require a lessor that enters into or renews a lease on or after January 1, 2023, with a lessee that is an employer subject to the requirement above, on or after January 1, 2023, and that offers parking to the employer to list the amount of market-rate parking costs as a separate line item in the lease lease, as provided, or to provide a list of parking costs to the lessee employer within 30 days after the lease is entered into or renewed. The bill would require an employer to offer a parking cash-out program even if the employers lease does not comply with these requirements.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 43845 of the Health and Safety Code is amended to read:43845. (a) In As used in this section, the following terms have the following meanings:(1) Employee means an employee of an employer subject to this section.(2) Employer means an employer of 50 persons or more in the state who provides a parking subsidy to employees.(3) Parking cash-out program means an employer-funded program pursuant to which an employer offers to provide a cash allowance to employees where the cash allowance provided to each eligible employee is equal to or greater than the parking subsidy that the employer would otherwise pay to provide the employee with a parking space.(4) Parking subsidy means the difference between the price, if any, charged to an employee for the use of a parking space made available by an employer to that employee and either of the following:(A) The market rate of parking available to an employee, as required to be reflected in a lease pursuant to paragraph (1) of subdivision (d).(B) The out-of-pocket amount paid by an employer for onsite or offsite employee parking acquired through the marketplace, with no special rate offered because of a property lease, for an employee parking space not owned by the employer.(b) In any air basin designated as a nonattainment area pursuant to Section 39608, each employer shall offer a parking cash-out program.(b)(c) A parking cash-out program may include a requirement that an employee participant certifies that the employee participant will comply with guidelines established by the employer designed to avoid neighborhood parking problems, with a provision that an employee participant that is not in compliance with the guidelines will no longer be eligible for the parking cash-out program.(c)(d) (1)A lessor shall do either of the following for any lease, lease entered into or renewed on or after January 1, 2023, with a lessee who is an employer subject to subdivision (a), and that offers parking to the employer:(A) List the amount of market-rate parking costs as a separate line item in the lease. The market-rate parking costs shall be no less than if the parking were to be obtained by an individual unaffiliated with the property on which parking is provided or the employer through a transaction for the closest publicly available parking within one-half mile of the employees workplace.(B) Provide a list of parking costs to the lessee employer within 30 days after the lease is entered into or renewed.(2) Paragraph (1) does not create a right for an employee to access, review, or challenge a lease, or a proposed lease, entered into between an employer and a lessor. Upon the request of an employee, an employer shall give to that employee the parking cost information received from the lessor pursuant to paragraph (1).(d)As used in this section, the following terms have the following meanings:(1)Employee means an employee of an employer subject to this section.(2)Employer means an employer of 50 persons or more who provides a parking subsidy to employees.(3)Parking cash-out program means an employer-funded program pursuant to which an employer offers to provide a cash allowance to an employee equivalent to the parking subsidy that the employer would otherwise pay to provide the employee with a parking space.(4)Parking subsidy means the difference between the out-of-pocket amount paid by an employer on a regular basis in order to secure the availability of an employee parking space not owned by the employer and the price, if any, charged to an employee for use of that space.(e) An employer shall offer a parking cash-out program pursuant to subdivision (b) even if the employers lease does not comply with the requirements of paragraph (1) of subdivision (d). (e)(f) Subdivision (a) (b) does not apply to any employer who, on or before January 1, 1993, has leased employee parking, until the expiration of that lease or unless the lease permits the employer to reduce, without penalty, the number of parking spaces subject to the lease.(f)(g) It is the intent of the Legislature, in enacting this section, that the cash-out requirements apply only to an employer that can reduce, without penalty, the number of paid parking spaces it maintains for the use of its employees and instead provide its employees with the cash-out option described in this section.(g)(h) (1) The state board may impose the civil penalty described in Section 43016 for a violation of this section.(2) (A) A city, county, or air district may also adopt, by ordinance or resolution, a penalty or other mechanism to ensure that an employer within the jurisdiction of that city, county, or air district is in compliance with this section.(B) If a city, county, or air district establishes a penalty, the governing body shall also establish procedures for providing notice to an employer that is in violation of this section and for appeal by the employer of any penalty imposed.(C) If a city, county, or air district establishes a penalty pursuant to this paragraph, a penalty may be imposed on an employer pursuant to paragraph (1) or this paragraph, but not both. If a penalty is imposed on an employer pursuant to both paragraph (1) and this paragraph, only the penalty imposed by the state board shall apply.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 43845 of the Health and Safety Code is amended to read:43845. (a) In As used in this section, the following terms have the following meanings:(1) Employee means an employee of an employer subject to this section.(2) Employer means an employer of 50 persons or more in the state who provides a parking subsidy to employees.(3) Parking cash-out program means an employer-funded program pursuant to which an employer offers to provide a cash allowance to employees where the cash allowance provided to each eligible employee is equal to or greater than the parking subsidy that the employer would otherwise pay to provide the employee with a parking space.(4) Parking subsidy means the difference between the price, if any, charged to an employee for the use of a parking space made available by an employer to that employee and either of the following:(A) The market rate of parking available to an employee, as required to be reflected in a lease pursuant to paragraph (1) of subdivision (d).(B) The out-of-pocket amount paid by an employer for onsite or offsite employee parking acquired through the marketplace, with no special rate offered because of a property lease, for an employee parking space not owned by the employer.(b) In any air basin designated as a nonattainment area pursuant to Section 39608, each employer shall offer a parking cash-out program.(b)(c) A parking cash-out program may include a requirement that an employee participant certifies that the employee participant will comply with guidelines established by the employer designed to avoid neighborhood parking problems, with a provision that an employee participant that is not in compliance with the guidelines will no longer be eligible for the parking cash-out program.(c)(d) (1)A lessor shall do either of the following for any lease, lease entered into or renewed on or after January 1, 2023, with a lessee who is an employer subject to subdivision (a), and that offers parking to the employer:(A) List the amount of market-rate parking costs as a separate line item in the lease. The market-rate parking costs shall be no less than if the parking were to be obtained by an individual unaffiliated with the property on which parking is provided or the employer through a transaction for the closest publicly available parking within one-half mile of the employees workplace.(B) Provide a list of parking costs to the lessee employer within 30 days after the lease is entered into or renewed.(2) Paragraph (1) does not create a right for an employee to access, review, or challenge a lease, or a proposed lease, entered into between an employer and a lessor. Upon the request of an employee, an employer shall give to that employee the parking cost information received from the lessor pursuant to paragraph (1).(d)As used in this section, the following terms have the following meanings:(1)Employee means an employee of an employer subject to this section.(2)Employer means an employer of 50 persons or more who provides a parking subsidy to employees.(3)Parking cash-out program means an employer-funded program pursuant to which an employer offers to provide a cash allowance to an employee equivalent to the parking subsidy that the employer would otherwise pay to provide the employee with a parking space.(4)Parking subsidy means the difference between the out-of-pocket amount paid by an employer on a regular basis in order to secure the availability of an employee parking space not owned by the employer and the price, if any, charged to an employee for use of that space.(e) An employer shall offer a parking cash-out program pursuant to subdivision (b) even if the employers lease does not comply with the requirements of paragraph (1) of subdivision (d). (e)(f) Subdivision (a) (b) does not apply to any employer who, on or before January 1, 1993, has leased employee parking, until the expiration of that lease or unless the lease permits the employer to reduce, without penalty, the number of parking spaces subject to the lease.(f)(g) It is the intent of the Legislature, in enacting this section, that the cash-out requirements apply only to an employer that can reduce, without penalty, the number of paid parking spaces it maintains for the use of its employees and instead provide its employees with the cash-out option described in this section.(g)(h) (1) The state board may impose the civil penalty described in Section 43016 for a violation of this section.(2) (A) A city, county, or air district may also adopt, by ordinance or resolution, a penalty or other mechanism to ensure that an employer within the jurisdiction of that city, county, or air district is in compliance with this section.(B) If a city, county, or air district establishes a penalty, the governing body shall also establish procedures for providing notice to an employer that is in violation of this section and for appeal by the employer of any penalty imposed.(C) If a city, county, or air district establishes a penalty pursuant to this paragraph, a penalty may be imposed on an employer pursuant to paragraph (1) or this paragraph, but not both. If a penalty is imposed on an employer pursuant to both paragraph (1) and this paragraph, only the penalty imposed by the state board shall apply.
SECTION 1. Section 43845 of the Health and Safety Code is amended to read:
### SECTION 1.
43845. (a) In As used in this section, the following terms have the following meanings:(1) Employee means an employee of an employer subject to this section.(2) Employer means an employer of 50 persons or more in the state who provides a parking subsidy to employees.(3) Parking cash-out program means an employer-funded program pursuant to which an employer offers to provide a cash allowance to employees where the cash allowance provided to each eligible employee is equal to or greater than the parking subsidy that the employer would otherwise pay to provide the employee with a parking space.(4) Parking subsidy means the difference between the price, if any, charged to an employee for the use of a parking space made available by an employer to that employee and either of the following:(A) The market rate of parking available to an employee, as required to be reflected in a lease pursuant to paragraph (1) of subdivision (d).(B) The out-of-pocket amount paid by an employer for onsite or offsite employee parking acquired through the marketplace, with no special rate offered because of a property lease, for an employee parking space not owned by the employer.(b) In any air basin designated as a nonattainment area pursuant to Section 39608, each employer shall offer a parking cash-out program.(b)(c) A parking cash-out program may include a requirement that an employee participant certifies that the employee participant will comply with guidelines established by the employer designed to avoid neighborhood parking problems, with a provision that an employee participant that is not in compliance with the guidelines will no longer be eligible for the parking cash-out program.(c)(d) (1)A lessor shall do either of the following for any lease, lease entered into or renewed on or after January 1, 2023, with a lessee who is an employer subject to subdivision (a), and that offers parking to the employer:(A) List the amount of market-rate parking costs as a separate line item in the lease. The market-rate parking costs shall be no less than if the parking were to be obtained by an individual unaffiliated with the property on which parking is provided or the employer through a transaction for the closest publicly available parking within one-half mile of the employees workplace.(B) Provide a list of parking costs to the lessee employer within 30 days after the lease is entered into or renewed.(2) Paragraph (1) does not create a right for an employee to access, review, or challenge a lease, or a proposed lease, entered into between an employer and a lessor. Upon the request of an employee, an employer shall give to that employee the parking cost information received from the lessor pursuant to paragraph (1).(d)As used in this section, the following terms have the following meanings:(1)Employee means an employee of an employer subject to this section.(2)Employer means an employer of 50 persons or more who provides a parking subsidy to employees.(3)Parking cash-out program means an employer-funded program pursuant to which an employer offers to provide a cash allowance to an employee equivalent to the parking subsidy that the employer would otherwise pay to provide the employee with a parking space.(4)Parking subsidy means the difference between the out-of-pocket amount paid by an employer on a regular basis in order to secure the availability of an employee parking space not owned by the employer and the price, if any, charged to an employee for use of that space.(e) An employer shall offer a parking cash-out program pursuant to subdivision (b) even if the employers lease does not comply with the requirements of paragraph (1) of subdivision (d). (e)(f) Subdivision (a) (b) does not apply to any employer who, on or before January 1, 1993, has leased employee parking, until the expiration of that lease or unless the lease permits the employer to reduce, without penalty, the number of parking spaces subject to the lease.(f)(g) It is the intent of the Legislature, in enacting this section, that the cash-out requirements apply only to an employer that can reduce, without penalty, the number of paid parking spaces it maintains for the use of its employees and instead provide its employees with the cash-out option described in this section.(g)(h) (1) The state board may impose the civil penalty described in Section 43016 for a violation of this section.(2) (A) A city, county, or air district may also adopt, by ordinance or resolution, a penalty or other mechanism to ensure that an employer within the jurisdiction of that city, county, or air district is in compliance with this section.(B) If a city, county, or air district establishes a penalty, the governing body shall also establish procedures for providing notice to an employer that is in violation of this section and for appeal by the employer of any penalty imposed.(C) If a city, county, or air district establishes a penalty pursuant to this paragraph, a penalty may be imposed on an employer pursuant to paragraph (1) or this paragraph, but not both. If a penalty is imposed on an employer pursuant to both paragraph (1) and this paragraph, only the penalty imposed by the state board shall apply.
43845. (a) In As used in this section, the following terms have the following meanings:(1) Employee means an employee of an employer subject to this section.(2) Employer means an employer of 50 persons or more in the state who provides a parking subsidy to employees.(3) Parking cash-out program means an employer-funded program pursuant to which an employer offers to provide a cash allowance to employees where the cash allowance provided to each eligible employee is equal to or greater than the parking subsidy that the employer would otherwise pay to provide the employee with a parking space.(4) Parking subsidy means the difference between the price, if any, charged to an employee for the use of a parking space made available by an employer to that employee and either of the following:(A) The market rate of parking available to an employee, as required to be reflected in a lease pursuant to paragraph (1) of subdivision (d).(B) The out-of-pocket amount paid by an employer for onsite or offsite employee parking acquired through the marketplace, with no special rate offered because of a property lease, for an employee parking space not owned by the employer.(b) In any air basin designated as a nonattainment area pursuant to Section 39608, each employer shall offer a parking cash-out program.(b)(c) A parking cash-out program may include a requirement that an employee participant certifies that the employee participant will comply with guidelines established by the employer designed to avoid neighborhood parking problems, with a provision that an employee participant that is not in compliance with the guidelines will no longer be eligible for the parking cash-out program.(c)(d) (1)A lessor shall do either of the following for any lease, lease entered into or renewed on or after January 1, 2023, with a lessee who is an employer subject to subdivision (a), and that offers parking to the employer:(A) List the amount of market-rate parking costs as a separate line item in the lease. The market-rate parking costs shall be no less than if the parking were to be obtained by an individual unaffiliated with the property on which parking is provided or the employer through a transaction for the closest publicly available parking within one-half mile of the employees workplace.(B) Provide a list of parking costs to the lessee employer within 30 days after the lease is entered into or renewed.(2) Paragraph (1) does not create a right for an employee to access, review, or challenge a lease, or a proposed lease, entered into between an employer and a lessor. Upon the request of an employee, an employer shall give to that employee the parking cost information received from the lessor pursuant to paragraph (1).(d)As used in this section, the following terms have the following meanings:(1)Employee means an employee of an employer subject to this section.(2)Employer means an employer of 50 persons or more who provides a parking subsidy to employees.(3)Parking cash-out program means an employer-funded program pursuant to which an employer offers to provide a cash allowance to an employee equivalent to the parking subsidy that the employer would otherwise pay to provide the employee with a parking space.(4)Parking subsidy means the difference between the out-of-pocket amount paid by an employer on a regular basis in order to secure the availability of an employee parking space not owned by the employer and the price, if any, charged to an employee for use of that space.(e) An employer shall offer a parking cash-out program pursuant to subdivision (b) even if the employers lease does not comply with the requirements of paragraph (1) of subdivision (d). (e)(f) Subdivision (a) (b) does not apply to any employer who, on or before January 1, 1993, has leased employee parking, until the expiration of that lease or unless the lease permits the employer to reduce, without penalty, the number of parking spaces subject to the lease.(f)(g) It is the intent of the Legislature, in enacting this section, that the cash-out requirements apply only to an employer that can reduce, without penalty, the number of paid parking spaces it maintains for the use of its employees and instead provide its employees with the cash-out option described in this section.(g)(h) (1) The state board may impose the civil penalty described in Section 43016 for a violation of this section.(2) (A) A city, county, or air district may also adopt, by ordinance or resolution, a penalty or other mechanism to ensure that an employer within the jurisdiction of that city, county, or air district is in compliance with this section.(B) If a city, county, or air district establishes a penalty, the governing body shall also establish procedures for providing notice to an employer that is in violation of this section and for appeal by the employer of any penalty imposed.(C) If a city, county, or air district establishes a penalty pursuant to this paragraph, a penalty may be imposed on an employer pursuant to paragraph (1) or this paragraph, but not both. If a penalty is imposed on an employer pursuant to both paragraph (1) and this paragraph, only the penalty imposed by the state board shall apply.
43845. (a) In As used in this section, the following terms have the following meanings:(1) Employee means an employee of an employer subject to this section.(2) Employer means an employer of 50 persons or more in the state who provides a parking subsidy to employees.(3) Parking cash-out program means an employer-funded program pursuant to which an employer offers to provide a cash allowance to employees where the cash allowance provided to each eligible employee is equal to or greater than the parking subsidy that the employer would otherwise pay to provide the employee with a parking space.(4) Parking subsidy means the difference between the price, if any, charged to an employee for the use of a parking space made available by an employer to that employee and either of the following:(A) The market rate of parking available to an employee, as required to be reflected in a lease pursuant to paragraph (1) of subdivision (d).(B) The out-of-pocket amount paid by an employer for onsite or offsite employee parking acquired through the marketplace, with no special rate offered because of a property lease, for an employee parking space not owned by the employer.(b) In any air basin designated as a nonattainment area pursuant to Section 39608, each employer shall offer a parking cash-out program.(b)(c) A parking cash-out program may include a requirement that an employee participant certifies that the employee participant will comply with guidelines established by the employer designed to avoid neighborhood parking problems, with a provision that an employee participant that is not in compliance with the guidelines will no longer be eligible for the parking cash-out program.(c)(d) (1)A lessor shall do either of the following for any lease, lease entered into or renewed on or after January 1, 2023, with a lessee who is an employer subject to subdivision (a), and that offers parking to the employer:(A) List the amount of market-rate parking costs as a separate line item in the lease. The market-rate parking costs shall be no less than if the parking were to be obtained by an individual unaffiliated with the property on which parking is provided or the employer through a transaction for the closest publicly available parking within one-half mile of the employees workplace.(B) Provide a list of parking costs to the lessee employer within 30 days after the lease is entered into or renewed.(2) Paragraph (1) does not create a right for an employee to access, review, or challenge a lease, or a proposed lease, entered into between an employer and a lessor. Upon the request of an employee, an employer shall give to that employee the parking cost information received from the lessor pursuant to paragraph (1).(d)As used in this section, the following terms have the following meanings:(1)Employee means an employee of an employer subject to this section.(2)Employer means an employer of 50 persons or more who provides a parking subsidy to employees.(3)Parking cash-out program means an employer-funded program pursuant to which an employer offers to provide a cash allowance to an employee equivalent to the parking subsidy that the employer would otherwise pay to provide the employee with a parking space.(4)Parking subsidy means the difference between the out-of-pocket amount paid by an employer on a regular basis in order to secure the availability of an employee parking space not owned by the employer and the price, if any, charged to an employee for use of that space.(e) An employer shall offer a parking cash-out program pursuant to subdivision (b) even if the employers lease does not comply with the requirements of paragraph (1) of subdivision (d). (e)(f) Subdivision (a) (b) does not apply to any employer who, on or before January 1, 1993, has leased employee parking, until the expiration of that lease or unless the lease permits the employer to reduce, without penalty, the number of parking spaces subject to the lease.(f)(g) It is the intent of the Legislature, in enacting this section, that the cash-out requirements apply only to an employer that can reduce, without penalty, the number of paid parking spaces it maintains for the use of its employees and instead provide its employees with the cash-out option described in this section.(g)(h) (1) The state board may impose the civil penalty described in Section 43016 for a violation of this section.(2) (A) A city, county, or air district may also adopt, by ordinance or resolution, a penalty or other mechanism to ensure that an employer within the jurisdiction of that city, county, or air district is in compliance with this section.(B) If a city, county, or air district establishes a penalty, the governing body shall also establish procedures for providing notice to an employer that is in violation of this section and for appeal by the employer of any penalty imposed.(C) If a city, county, or air district establishes a penalty pursuant to this paragraph, a penalty may be imposed on an employer pursuant to paragraph (1) or this paragraph, but not both. If a penalty is imposed on an employer pursuant to both paragraph (1) and this paragraph, only the penalty imposed by the state board shall apply.
43845. (a) In As used in this section, the following terms have the following meanings:
(1) Employee means an employee of an employer subject to this section.
(2) Employer means an employer of 50 persons or more in the state who provides a parking subsidy to employees.
(3) Parking cash-out program means an employer-funded program pursuant to which an employer offers to provide a cash allowance to employees where the cash allowance provided to each eligible employee is equal to or greater than the parking subsidy that the employer would otherwise pay to provide the employee with a parking space.
(4) Parking subsidy means the difference between the price, if any, charged to an employee for the use of a parking space made available by an employer to that employee and either of the following:
(A) The market rate of parking available to an employee, as required to be reflected in a lease pursuant to paragraph (1) of subdivision (d).
(B) The out-of-pocket amount paid by an employer for onsite or offsite employee parking acquired through the marketplace, with no special rate offered because of a property lease, for an employee parking space not owned by the employer.
(b) In any air basin designated as a nonattainment area pursuant to Section 39608, each employer shall offer a parking cash-out program.
(b)
(c) A parking cash-out program may include a requirement that an employee participant certifies that the employee participant will comply with guidelines established by the employer designed to avoid neighborhood parking problems, with a provision that an employee participant that is not in compliance with the guidelines will no longer be eligible for the parking cash-out program.
(c)
(d) (1)A lessor shall do either of the following for any lease, lease entered into or renewed on or after January 1, 2023, with a lessee who is an employer subject to subdivision (a), and that offers parking to the employer:
(A) List the amount of market-rate parking costs as a separate line item in the lease. The market-rate parking costs shall be no less than if the parking were to be obtained by an individual unaffiliated with the property on which parking is provided or the employer through a transaction for the closest publicly available parking within one-half mile of the employees workplace.
(B) Provide a list of parking costs to the lessee employer within 30 days after the lease is entered into or renewed.
(2) Paragraph (1) does not create a right for an employee to access, review, or challenge a lease, or a proposed lease, entered into between an employer and a lessor. Upon the request of an employee, an employer shall give to that employee the parking cost information received from the lessor pursuant to paragraph (1).
(d)As used in this section, the following terms have the following meanings:
(1)Employee means an employee of an employer subject to this section.
(2)Employer means an employer of 50 persons or more who provides a parking subsidy to employees.
(3)Parking cash-out program means an employer-funded program pursuant to which an employer offers to provide a cash allowance to an employee equivalent to the parking subsidy that the employer would otherwise pay to provide the employee with a parking space.
(4)Parking subsidy means the difference between the out-of-pocket amount paid by an employer on a regular basis in order to secure the availability of an employee parking space not owned by the employer and the price, if any, charged to an employee for use of that space.
(e) An employer shall offer a parking cash-out program pursuant to subdivision (b) even if the employers lease does not comply with the requirements of paragraph (1) of subdivision (d).
(e)
(f) Subdivision (a) (b) does not apply to any employer who, on or before January 1, 1993, has leased employee parking, until the expiration of that lease or unless the lease permits the employer to reduce, without penalty, the number of parking spaces subject to the lease.
(f)
(g) It is the intent of the Legislature, in enacting this section, that the cash-out requirements apply only to an employer that can reduce, without penalty, the number of paid parking spaces it maintains for the use of its employees and instead provide its employees with the cash-out option described in this section.
(g)
(h) (1) The state board may impose the civil penalty described in Section 43016 for a violation of this section.
(2) (A) A city, county, or air district may also adopt, by ordinance or resolution, a penalty or other mechanism to ensure that an employer within the jurisdiction of that city, county, or air district is in compliance with this section.
(B) If a city, county, or air district establishes a penalty, the governing body shall also establish procedures for providing notice to an employer that is in violation of this section and for appeal by the employer of any penalty imposed.
(C) If a city, county, or air district establishes a penalty pursuant to this paragraph, a penalty may be imposed on an employer pursuant to paragraph (1) or this paragraph, but not both. If a penalty is imposed on an employer pursuant to both paragraph (1) and this paragraph, only the penalty imposed by the state board shall apply.