Bill Text: CA AB1818 | 2023-2024 | Regular Session | Amended


Bill Title: Public postsecondary education: overnight student parking: pilot program.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2024-08-15 - In committee: Held under submission. [AB1818 Detail]

Download: California-2023-AB1818-Amended.html

Amended  IN  Senate  July 03, 2024
Amended  IN  Senate  June 24, 2024
Amended  IN  Assembly  May 16, 2024
Amended  IN  Assembly  April 18, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1818


Introduced by Assembly Members Jackson and Quirk-Silva

January 11, 2024


An act to add and repeal Sections 76013 and 90001.7 of the Education Code, relating to public postsecondary education.


LEGISLATIVE COUNSEL'S DIGEST


AB 1818, as amended, Jackson. Public postsecondary education: overnight student parking: pilot program.
Existing law establishes the California Community Colleges and the California State University as 2 of the 3 segments of public postsecondary education in the state. Existing law requests the campuses of the California Community Colleges, and requires the campuses of the California State University, to give priority housing to current and former homeless youth, as specified.
This bill would require the Chancellor of the California Community Colleges and the Chancellor of the California State University to establish pilot programs to allow overnight parking by eligible students, as defined, and would require the chancellors, with the participation of student representatives, and, for the community college pilot program, with the additional participation of community college district leaders, to determine a plan of action for implementing the pilot program that includes, among other things, the issuance of an overnight parking permit. The bill would require the chancellors to implement the above-described provisions on or before August 1, 2025.
This bill would also require an eligible student who participates in the pilot program to be granted access to overnight parking until the student is provided access to a suitable alternative, including, among other things, a hotel voucher through a public agency or community organization. The bill would provide that a campus selected to participate in the pilot program is not civilly liable for a campus employee’s good faith act or omission that fails to prevent an injury to a participating student that occurs in, or in close proximity to, and during the hours of operation of, overnight parking, as provided.
This bill would require the Chancellor of the California State University, on or before July 1, 2025, University to select 5 campuses to participate in the pilot program and program. The bill would require the Chancellor of the California Community Colleges, on or before July 1, 2025, Colleges to select 20 campuses to participate in the pilot program, as provided. To the extent that the bill would impose new duties on community college districts, the bill would impose a state-mandated local program.
The bill would require campuses that participate in the pilot program to report to the Chancellor of the California Community Colleges or the Chancellor of the California State University, as applicable, on or before July 1, 2027, certain information, including, among other information, the socioeconomic and demographic backgrounds of participating students, and would additionally require, on or before January 31, 2028, the chancellors to report to the Legislature and the Governor on the pilot program, as provided. The
The bill would provide for implementation of the above-described provisions only upon an appropriation by the Legislature for these purposes. The bill would repeal its provisions on January 1, 2029.
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, if the Commission on State Mandates determines that the bill contains costs 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   Local Program: YES  

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


SECTION 1.

 Section 76013 is added to the Education Code, to read:

76013.
 (a) As used in this section, the following definitions apply:
(1) “Chancellor” means the Chancellor of the California Community Colleges.
(2) “Eligible student” means a student who meets all of the following requirements:
(A) The student attends a pilot campus.
(B) The student is enrolled in coursework.
(C) If not waived, the student has paid their enrollment fees.
(D) The student is in good standing with the pilot campus. “Good standing” does not include requirements related to the number of units in which the student is enrolled.
(3) “Participating student” means an eligible student who uses overnight parking facilities pursuant to the pilot program.
(4) “Pilot campus” means a campus selected to participate in the pilot program pursuant to subdivision (d).
(5) “Recreational vehicle” means a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy.
(b) The chancellor shall establish a pilot program to allow overnight parking by an eligible student. Recreational vehicles shall not access an area designated for overnight parking pursuant to the pilot program.
(c) The chancellor shall, with the participation of student representatives and community college district leaders, determine a plan of action for implementing the pilot program that includes, but is not limited to, all of the following:
(1) The monitoring of overnight parking facilities and a procedure for reporting and responding to threats to the safety of a participating student.
(2) An overnight parking form that shall be completed by an eligible student seeking to access the overnight parking facilities. The form shall clearly and conspicuously indicate that the campus cannot ensure the safety of a participating student.
(3) The designation of one or more specific parking areas on each pilot campus for overnight parking.
(4) An authorization that allows a student from any campus in a community college district to use the parking area of the pilot campus, provided that the participating student applies for an overnight parking permit.
(5) Overnight parking rules that a participating student shall follow when using the overnight parking facilities, including a zero tolerance policy for the use of drugs or alcohol.
(6) A procedure for identifying a participating student who has engaged in behavior that poses a substantial threat to the physical safety of other participating students and, as necessary, warning the student to correct the student’s behavior or revoking the student’s eligibility to participate in overnight parking on a temporary or permanent basis.
(7) A procedure for registering and verifying the identity of an eligible student and the student’s vehicle through the issuance of an overnight parking permit. This information shall be used exclusively for the purpose of implementing overnight parking and shall not be disclosed for any other purpose, except pursuant to a particularized, court-issued warrant.
(8) Daily time of use or hours of operation requirements for overnight parking under the pilot program.
(9) Requirements establishing the validity of an overnight parking permit for a period of two weeks and a procedure for the subsequent renewal of an overnight parking permit.
(d) On or before July 1, 2025, the The chancellor shall select 20 campuses to participate in the pilot program using criteria established by the chancellor.
(e) Upon establishing a plan of action pursuant to subdivision (c), the chancellor shall develop a document that clearly and concisely describes the rules and procedures established pursuant to subdivision (c). This document shall be provided to participating students and shall be available at the overnight parking facility in paper form, or posted conspicuously on the internet website of the pilot campus.
(f) An eligible student who participates in the pilot program shall be granted access to overnight parking until the student is provided access to a suitable alternative, including, but not limited to, any of the following:
(1) A grant that is necessary to secure, or prevent the imminent loss of, housing.
(2) A hotel voucher through a public agency or community organization.
(3) Rapid rehousing referral services and placement.
(g) A pilot campus that implements overnight parking that complies with the requirements of subdivisions (c) and (e) is not civilly liable for a campus employee’s good faith act or omission that fails to prevent an injury to a participating student that occurs in, or in close proximity to, and during the hours of operation of, overnight parking. This immunity does not apply to gross negligence, intentional misconduct, or violations of other laws.
(h) On or before July 1, 2027, a pilot campus shall report all of the following to the chancellor:
(1) The use of the overnight parking facilities by participating students.
(2) The number of participating students served by the overnight parking facilities.
(3) The socioeconomic and demographic backgrounds of participating students.
(4) Other housing services offered to its students.
(5) Challenges and best practices in the operation of the overnight parking facilities.
(6) Whether participating students remained enrolled or graduated from a campus maintained by the community college district.
(i) On or before January 31, 2028, the chancellor shall develop and submit to the Governor and the Legislature, pursuant to Section 9795 of the Government Code, a report based on the data and information reported pursuant to subdivision (h).

(j)The chancellor shall implement subdivisions (b) and (c) on or before August 1, 2025.

(j) This section shall only be implemented upon an appropriation by the Legislature for purposes of this section.
(k) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.

SEC. 2.

 Section 90001.7 is added to the Education Code, to read:

90001.7.
 (a) As used in this section, the following definitions apply:
(1) “Chancellor” means the Chancellor of the California State University.
(2) “Eligible student” means a student who meets all of the following requirements:
(A) The student attends a pilot campus.
(B) The student is enrolled in coursework.
(C) If not waived, the student has paid their enrollment fees.
(D) The student is in good standing with the pilot campus. “Good standing” does not include requirements related to the number of units in which the student is enrolled.
(3) “Participating student” means an eligible student who uses overnight parking facilities pursuant to the pilot program.
(4) “Pilot campus” means a campus selected to participate in the pilot program pursuant to subdivision (d).
(5) “Recreational vehicle” means a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy.
(b) The chancellor shall establish a pilot program to allow overnight parking by an eligible student. Recreational vehicles shall not access an area designated for overnight parking pursuant to the pilot program.
(c) The chancellor shall, with the participation of student representatives, determine a plan of action for implementing the pilot program that includes, but is not limited to, all of the following:
(1) The monitoring of overnight parking facilities and a procedure for reporting and responding to threats to the safety of a participating student.
(2) An overnight parking form that shall be completed by an eligible student seeking to access the overnight parking facilities. The form shall clearly and conspicuously indicate that the campus cannot ensure the safety of a participating student.
(3) The designation of one or more specific parking areas on each pilot campus for overnight parking.
(4) Overnight parking rules that a participating student shall follow when using the overnight parking facilities, including a zero tolerance policy for the use of drugs or alcohol.
(5) A procedure for identifying a participating student who has engaged in behavior that poses a substantial threat to the physical safety of other participating students and, as necessary, warning the student to correct the student’s behavior or revoking the student’s eligibility to participate in overnight parking on a temporary or permanent basis.
(6) A procedure for registering and verifying the identity of an eligible student and the student’s vehicle through the issuance of an overnight parking permit. This information shall be used exclusively for the purpose of implementing overnight parking and shall not be disclosed for any other purpose, except pursuant to a particularized, court-issued warrant.
(7) Daily time of use or hours of operation requirements for overnight parking under the pilot program.
(8) Requirements establishing the validity of an overnight parking permit for a period of two weeks and a procedure for the subsequent renewal of an overnight parking permit.
(d) On or before July 1, 2025, the The chancellor shall select five campuses to participate in the pilot program using criteria established by the chancellor.
(e) Upon establishing a plan of action pursuant to subdivision (c), the chancellor shall develop a document that clearly and concisely describes the rules and procedures established pursuant to subdivision (c). This document shall be provided to participating students and shall be available at the overnight parking facility in paper form, or posted conspicuously on the internet website of the pilot campus.
(f) An eligible student who participates in the pilot program shall be granted access to overnight parking until the student is provided access to a suitable alternative, including, but not limited to, any of the following:
(1) A grant that is necessary to secure, or prevent the imminent loss of, housing.
(2) A hotel voucher through a public agency or community organization.
(3) Rapid rehousing referral services and placement.
(g) A pilot campus that implements overnight parking that complies with the requirements of subdivisions (c) and (e) is not civilly liable for a campus employee’s good faith act or omission that fails to prevent an injury to a participating student that occurs in, or in close proximity to, and during the hours of operation of, overnight parking. This immunity does not apply to gross negligence, intentional misconduct, or violations of other laws.
(h) On or before July 1, 2027, a pilot campus shall report all of the following to the chancellor:
(1) The use of the overnight parking facilities by participating students.
(2) The number of participating students served by the overnight parking facilities.
(3) The socioeconomic and demographic backgrounds of participating students.
(4) Other housing services offered to its students.
(5) Challenges and best practices in the operation of the overnight parking facilities.
(6) Whether participating students remained enrolled or graduated from a California State University campus.
(i) On or before January 31, 2028, the chancellor shall develop and submit to the Governor and the Legislature, pursuant to Section 9795 of the Government Code, a report based on the data and information reported pursuant to subdivision (h).

(j)The chancellor shall implement subdivisions (b) and (c) on or before August 1, 2025.

(j) This section shall only be implemented upon an appropriation by the Legislature for purposes of this section.
(k) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.

SEC. 3.

 If the Commission on State Mandates determines that this act contains 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.
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