Bill Text: CA AB1186 | 2009-2010 | Regular Session | Enrolled
Bill Title: Employee parking.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB1186 Detail]
Download: California-2009-AB1186-Enrolled.html
BILL NUMBER: AB 1186 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 3, 2009
PASSED THE ASSEMBLY SEPTEMBER 9, 2009
AMENDED IN SENATE AUGUST 18, 2009
AMENDED IN SENATE JUNE 24, 2009
AMENDED IN ASSEMBLY MAY 28, 2009
INTRODUCED BY Assembly Member Blumenfield
FEBRUARY 27, 2009
An act to amend Section 43845 of the Health and Safety Code,
relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 1186, Blumenfield. Employee parking.
Existing law requires, in any air basin designated as
nonattainment for certain air quality standards, an employer of 50
persons or more that provides a parking subsidy to employees, to also
offer a parking cash-out program, as provided.
This bill would require a lessor that enters into or renews a
lease with an employer subject to the requirement above, on or after
January 1, 2011, to list the amount of parking costs as a separate
line item in the lease or provide a list of parking costs to the
lessee within 30 days after the lease is entered into or renewed.
This bill would incorporate additional changes in Section 43845 of
the Health and Safety Code proposed by SB 728 of the 2009-10 Regular
Session that would become operative only if SB 728 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 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.
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 SB 728 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 SB 728 of
the 2009-10 Regular Session, in which case Section 1 of this bill
shall not become operative.
