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