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AB-891 Public property: safe parking program.(2019-2020)

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Date Published: 04/22/2019 09:00 PM
AB891:v96#DOCUMENT

Amended  IN  Assembly  April 22, 2019
Amended  IN  Assembly  April 04, 2019
Amended  IN  Assembly  March 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 891


Introduced by Assembly Member Burke

February 20, 2019


An act to add Section 14673.1 to, and to add Article 13 (commencing with Section 50291) to Chapter 1 of Part 1 of Division 1 of Title 5 of, of the Government Code, relating to local government.


LEGISLATIVE COUNSEL'S DIGEST


AB 891, as amended, Burke. Public property: safe parking program.
Existing law requires a local agency to make an inventory of all lands held, owned, or controlled by the local agency or any of its departments. Existing law authorizes a local agency, or any of its departments, to lease, sell, or grant real property found to be in excess of its foreseeable needs.
This bill would require a city with a population greater than 330,000 and each county, in coordination with cities and local nonprofit entities, as specified, to establish a safe parking program that provides safe parking locations and options for individuals and families living in their vehicles. The bill would require a safe parking program to provide a bathroom facility and onsite security, among other requirements. The bill would require the safe parking programs be developed and implemented by June 1, 2022. The bill would encourage cities and counties to review the Department of General Services’ internet website for the availability of surplus state property and the Department of Transportation’s internet website for the availability of excess land that could be used for a safe parking program.

Existing law authorizes the Director of General Services to execute grants of real property belonging to the state in the name and upon behalf of the state, whenever the sale or exchange of real property is authorized or contemplated by law.

This bill would require the department, in coordination with the Department of Transportation, to identify surplus state properties that are suitable for safe parking programs, and to post a list of those properties on its internet website by June 1, 2020. The bill would authorize the director to sell, exchange, or lease identified properties to a city or county for the exclusive purpose of establishing safe parking programs.

By requiring counties and certain cities to create safe parking programs, this bill would impose a state-mandated local program.
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.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.Section 14673.1 is added to the Government Code, to read:
14673.1.

(a)The Department of General Services, in coordination with the Department of Transportation, shall identify surplus state properties that are suitable for a safe parking program. The department shall post a list of the identified properties on its internet website by June 1, 2020.

(b)The Director of General Services may, on terms and conditions the director deems in the interests of the state, sell, exchange, or lease, or any combination thereof, properties identified under subdivision (a) to a city or county for the exclusive purpose of establishing a safe parking program.

(c)For purposes of this section, “safe parking program” means a program established pursuant to Section 50291.

SEC. 2.SECTION 1.

 Article 13 (commencing with Section 50291) is added to Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code, to read:
Article  13. Safe Parking Program

50291.
 (a) Each city with a population greater than 330,000 shall establish, in coordination with local nonprofit entities, a safe parking program that provides safe parking locations and options for individuals and families living in their vehicles.
(b) Each county, in coordination with cities in its jurisdiction that are not subject to subdivision (a) and local nonprofit entities, shall establish a safe parking program that provides safe parking locations and options for individuals and families living in their vehicles.
(c) A safe parking program created pursuant to this section shall do all of the following:
(1) Provide a bathroom facility and onsite security.
(2) Establish an application process for the program that may include a background check requirement.
(3) Establish rules and regulations for the program.
(d) A safe parking program created pursuant to this section is encouraged to coordinate with local nonprofits as well as city and county agencies to provide resources and access to social services that lead to long-term housing for program participants.
(e) Cities and counties are encouraged to identify local lots or other properties that could be used for a safe parking program.
(f) Cities and counties are encouraged to review the Department of General Services’ internet website for the availability of surplus state property and the Department of Transportation’s internet website for the availability of excess land that could be used for a safe parking program.

(f)

(g) The safe parking programs required under this section shall be developed and implemented by June 1, 2022.

SEC. 3.SEC. 2.

 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.

SEC. 4.SEC. 3.

 The Legislature finds and declares that Section 2 of this act adding Article 13 (commencing with Section 50291) to Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act applies to all cities, including charter cities.