Bill Text: CA AB891 | 2019-2020 | Regular Session | Amended

California Assembly Bill 891 (Prior Session Legislation)

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

Bill Title: Public property: safe parking program.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2020-01-21 - Consideration of Governor's veto stricken from file. [AB891 Detail]

Download: California-2019-AB891-Amended.html

Amended IN Senate June 25, 2019

Amended IN Assembly May 17, 2019

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
(Coauthor: Assembly Member Gonzalez)

February 20, 2019

An act to add Article 13 (commencing with Section 50291) to Chapter 1 of Part 1 of Division 1 of Title 5 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 or a county with a population greater than 330,000, in coordination with other 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 exempt a city or a county that has a specified safe parking program administered by a nongovernmental entity operating in its jurisdiction from these 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.

By requiring certain cities and counties 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.

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~~ A city with a population greater than 330,000, in coordination with local nonprofit entities, shall establish a safe parking program that provides safe parking locations and options for individuals and families living in their vehicles.

~~(b)Each~~

(b) (1) A county with a population greater than 330,000, in coordination with cities ~~in its jurisdiction~~ located in the county 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.

(2) A county with a population of less than 1,000,000 people shall be deemed to be in compliance with paragraph (1) if a city located in that county that is not subject to subdivision (a) has voluntarily adopted a safe parking program that meets the requirements of this article.

(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.

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

(h) A city or a county with a population greater than 330,000, that has a safe parking program administered by a nongovernmental entity operating in its jurisdiction that meets or exceeds the requirements of subdivision (c), is not subject to subdivision (a) or (b).

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. 3.

The Legislature finds and declares that Section 2 1 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 1 of this act applies to all cities, including charter cities.