BILL ANALYSIS
AB 1800
Page 1
Date of Hearing: April 8, 2002
ASSEMBLY COMMITTEE ON TRANSPORTATION
John Dutra, Chair
AB 1800 (Kehoe) - As Introduced: January 15, 2002
SUBJECT : Disabled persons: parking ordinances
SUMMARY : Allows disabled persons and veterans to park in zones
designated for street sweeping. Specifically, this bill :
1)Prohibits local authorities from making applicable to vehicles
displaying disabled persons' license plates or placards, any
ordinance or resolution that restricts, for the purpose of
street sweeping, the parking or standing of vehicles.
2)Allows any disabled person or disabled veteran to park,
without being issued a parking violation, in any zone that is
restricted for the purpose of street sweeping.
EXISTING LAW :
1)Allows any disabled person or disabled veteran displaying
special identification license plates or a distinguishing
placard to park for unlimited periods in parking zones that
are either:
a) Designated for use exclusively by disabled persons and
disabled veterans,
b) Where preferential parking is granted to residents,
merchants, and their guests, or
c) Where parking is restricted for length of time or by
parking meters.
2)Specifically denies special parking privileges to disabled
persons or disabled veterans in parking zones that absolutely
prohibit stopping, parking, or standing of all vehicles.
FISCAL EFFECT : Unknown
COMMENTS : The author notes that there are 640,000 disabled
drivers in California who are confronted with a myriad of
barriers each time they visit public and residential areas. In
most counties, disabled drivers account for five to seven
percent of the driving population. Street sweeping restrictions
AB 1800
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on parking make it highly problematic and inconvenient for
physically challenged persons and limits their access to many
destinations. The author maintains that this bill will remove
an obstacle for the transportation of disabled persons, provide
them better access to various venues, and ensure them adequate
parking and flexibility.
Supporters note that while current law makes provision for
disabled residents to park in designated areas close to various
attractions, the law does not cover the disabled person in the
event of a city's weekly street cleaning, thereby "punishing the
ill stricken for going about their daily business on particular
days of the week." This is termed to be a dual hardship for
disabled drivers who park by their homes and must either "pay
excessive fines or face grueling physical consequences for
travel outside their traveling range."
Local jurisdictions may find the bill problematic in that it
could impede their efforts to implement street sweeping
programs. A handful of well-placed vehicles, parked legally
under the provisions of the bill, could thwart
otherwise-effective street sweeping activities. The California
Public Parking Association reports that cities already receive
complaints that sweepers are unable to remove debris and
pollutants due to parked cars that ignore parking restrictions.
They, the League of Cities, and the California State Association
of Counties, believe the bill will impair the ability of cities
and counties to clean their streets and keep pollutants from
becoming runoff during rainy weather. The City of Laguna Beach,
in fact, cites a situation where a permit issued by the San
Diego Regional Water Quality Control Board to address runoff
issues has caused the city to embark upon a weekly street
sweeping program. This has been accompanied by the
establishment of no-parking zones in some areas to allow the
effective removal of debris and contaminants. The City fears
that creating an exemption for placarded vehicles would engender
resentment toward handicapped individuals and toward street
sweeping restrictions in general.
Author's Amendments : To allay the concerns of local
governments, the author will offer the following amendments:
1)Sunset the bill effective December 31, 2005.
2)Request the League of Cities to report to the Legislature by
December 31, 2004, on any problems experienced by cities in
AB 1800
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obtaining or complying with stormwater permits as a result of
the bill.
3)Declare the Legislature's intent that compliance with the bill
not shall be deemed to be a violation of a local
jurisdiction's stormwater permit.
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County and Municipal Employees
(AFSCME)
Californians for Disability Rights
Congress of California Seniors
Diabetes Coalition of California
Organization of Area Boards on Developmental Disabilities
Opposition
California State Association of Counties
California Public Parking Association
City of Laguna Niguel
City of Lemoore
City of San Pablo
Disabled American Veterans, American River Chapter #35
League of California Cities
South Bay Cities Council of Governments
One individual
Analysis Prepared by : Howard Posner / TRANS. / (916) 319-2093