Bill Text: CA SB728 | 2009-2010 | Regular Session | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Air pollution: parking cash-out program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State. Chapter 359, Statutes of 2009. [SB728 Detail]

Download: California-2009-SB728-Enrolled.html

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BILL NUMBER: SB 728	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 4, 2009
	PASSED THE ASSEMBLY  AUGUST 24, 2009
	AMENDED IN ASSEMBLY  AUGUST 20, 2009
	AMENDED IN SENATE  APRIL 27, 2009

INTRODUCED BY   Senator Lowenthal

                        FEBRUARY 27, 2009

   An act to amend Section 43845 of the Health and Safety Code,
relating to air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 728, Lowenthal. Air pollution: parking cash-out program.
   Existing law requires an employer of 50 persons or more who
provides a parking subsidy to employees and who is in an air basin
that is designated as a nonattainment area in terms of air quality to
offer a parking cash-out program, defined 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.
   This bill would authorize the State Air Resources Board to impose
a civil penalty for a violation of this requirement. The bill would
also authorize a city, county, and air pollution control district or
air quality management district to adopt a penalty or other mechanism
to ensure compliance. The bill would authorize the imposition of a
penalty by the state board or the local agency, but not both.
   This bill would incorporate additional changes in Section 43845 of
the Health and Safety Code proposed by AB 1186 of the 2009-10
Regular Session that would become operative only if AB 1186 and this
bill are both enacted and become effective before January 1, 2010,
and this bill is enacted last.


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 any air basin designated as a nonattainment area
pursuant to Section 39608, each employer of 50 persons or more who
provides a parking subsidy to employees, shall offer a parking
cash-out program. "Parking cash-out program" means 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.
   (b) A parking cash-out program may include a requirement that
employee participants certify that they will comply with guidelines
established by the employer designed to avoid neighborhood parking
problems, with a provision that employees not complying with the
guidelines will no longer be eligible for the parking cash-out
program.
   (c) 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) "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.
   (d) Subdivision (a) 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.
   (e) It is the intent of the Legislature, in enacting this section,
that the cash-out requirements apply only to employers who can
reduce, without penalty, the number of paid parking spaces they
maintain for the use of their employees and instead provide their
employees the cash-out option described in this section.
   (f) (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 employers that are 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.
  SEC. 1.5.  Section 43845 of the Health and Safety Code is amended
to read:
   43845.  (a) In any air basin designated as a nonattainment area
pursuant to Section 39608, each employer shall offer a parking
cash-out program.
   (b) A parking cash-out program may include a requirement that
employee participants certify that they will comply with guidelines
established by the employer designed to avoid neighborhood parking
problems, with a provision that employees not complying with the
guidelines will no longer be eligible for the parking cash-out
program.
   (c) (1) A lessor shall do either of the following for any lease,
entered into or renewed on or after January 1, 2011, with a lessee
who is an employer subject to subdivision (a), that offers parking to
the employer:
   (A) List the amount of parking costs as a separate line item in
the lease.
   (B) Provide a list of parking costs to the lessee 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
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.
   (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) Subdivision (a) 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) It is the intent of the Legislature, in enacting this section,
that the cash-out requirements apply only to employers who can
reduce, without penalty, the number of paid parking spaces they
maintain for the use of their employees and instead provide their
employees the cash-out option described in this section.
   (g) (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 employers that are 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.
  SEC. 2.  Section 1.5 of this bill incorporates amendments to
Section 43845 of the Health and Safety Code proposed by both this
bill and AB 1186 of the 2009-10 Regular Session. It shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2010, (2) each bill amends Section 43845 of the
Health and Safety Code, and (3) this bill is enacted after AB 1186 of
the 2009-10 Regular Session, in which case Section 1 of this bill
shall not become operative.