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AB-2806 Vehicles: electric charging station violations: exceptions.(2017-2018)

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Date Published: 06/21/2018 04:00 AM
AB2806:v98#DOCUMENT

Amended  IN  Senate  June 20, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 2806


Introduced by Assembly Member Obernolte

February 16, 2018


An act to amend Sections 22511.1 and 22511.85 Section 22511 of the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 2806, as amended, Obernolte. Vehicles: disabled parking. Vehicles: electric charging station violations: exceptions.
Existing law authorizes a local authority that owns or operates, or a person who possesses, an offstreet parking facility to designate stalls or spaces in the offstreet parking facility for the exclusive purpose of charging and parking a vehicle that is connected for electric charging purposes. Existing law authorizes a local authority to designate stalls or spaces on a public street within its jurisdiction for the exclusive purpose of charging and parking a vehicle that is connected for electric charging purposes. Existing law also authorizes the removal of a vehicle from an electric charging space at an offstreet parking facility or public street if the vehicle is not connected for electric charging purposes.
This bill would create an exception to the provisions authorizing removal of a vehicle from an electric charging space on a public street if the vehicle is not connected for electric charging purposes for a vehicle displaying either a disabled license plate or a disabled placard.

Existing law makes it an offense for a person to park or leave standing a vehicle in a stall or space designated for electric vehicle charging unless the vehicle is connected for electric charging purposes.

This bill would make an exception to that prohibition by authorizing a vehicle identified with a specified disability license plate or distinguishing placard and equipped with a lift, ramp, or other assistive device used for loading or unloading a person with a disability to park in a stall or space designated for electric vehicle charging without being connected for electric charging purposes if the equipment has been or will be used for loading or unloading a person with a disability from the parked vehicle.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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) (1) 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 charging and parking a vehicle that is connected for electric charging purposes.
(2) A local authority, by ordinance or resolution, may designate stalls or spaces on a public street within its jurisdiction for the exclusive purpose of charging and parking a vehicle that is connected for electric charging purposes.
(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 the vehicle is not connected for electric charging purposes.
(c) (1) If posted in accordance with paragraph (1) of 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 paragraph (1) of 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 the vehicle is not connected for electric charging purposes.
(2) If posted in accordance with paragraph (2) of subdivision (d), the local authority, after notifying the police or sheriff’s department, may cause the removal of a vehicle from a stall or space designated pursuant to paragraph (2) of subdivision (a) to the nearest garage, as defined in Section 340, that is owned, leased, or approved for use by a public agency if the vehicle is not connected for electric charging purposes. This paragraph does not apply to a vehicle displaying either a special license plate issued pursuant to Section 5007, or a distinguishing placard issued pursuant to Section 22511.55 or 22511.59.
(d) (1) 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 connected for electric charging 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:
(A) Immediately adjacent to, and visible from, the stall or space.
(B) In a conspicuous place at each entrance to the offstreet parking facility.
(2) The posting required for stalls or spaces on a public street designated pursuant to paragraph (2) of subdivision (a) shall follow the California Manual of Uniform Traffic Control Devices.
(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)  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.

SECTION 1.Section 22511.1 of the Vehicle Code is amended to read:
22511.1.

(a)Except as provided in Section 22511.85, a person shall not park or leave standing a vehicle in a stall or space designated pursuant to Section 22511 unless the vehicle is connected for electric charging purposes.

(b)A person shall not obstruct, block, or otherwise bar access to parking stalls or spaces described in subdivision (a) except as provided in subdivision (a).

SEC. 2.Section 22511.85 of the Vehicle Code is amended to read:
22511.85.

(a)A vehicle, identified with a special license plate issued pursuant to Section 5007 or a distinguishing placard issued pursuant to Section 22511.55 or 22511.59, which is equipped with a lift, ramp, or assistive equipment that is used for the loading and unloading of a person with a disability, may park in a stall or space on a public street to paragraph (2) of subdivision (a) of Section 22511 without connecting the vehicle for electric charging purposes, if the equipment has been or will be used for loading or unloading a person with a disability, from the parked vehicle. A vehicle parked in compliance with the subdivision shall not be removed pursuant to paragraph (2) of subdivision (c) of Section 22511.

(b)A vehicle described in subdivision (a) may park in not more than two adjacent stalls or spaces on a street or highway or in a public or private off-street parking facility if the equipment has been or will be used for loading or unloading a person with a disability, and if there is no single parking space immediately available on the street or highway or within the facility that is suitable for that purpose, including, but not limited to, when there is not sufficient space to operate a vehicle lift, ramp, or assistive equipment, or there is not sufficient room for a person with a disability to exit the vehicle or maneuver once outside the vehicle.