Enhanced curb management system.
What changed between versions
The bill was narrowed from allowing any local agency (city, county, or city and county parking enforcement authority) to establish an enhanced curb management system to only six designated jurisdictions: the Cities of Los Angeles, Santa Monica, West Hollywood, Inglewood, San Diego, or Long Beach, or the city parking enforcement authority within those cities. A new definition of 'designated jurisdiction' was added.
A new Section 40281 was added establishing a sunset provision: the entire article shall remain in effect only until January 1, 2032, and is repealed as of that date. This makes the program a time-limited pilot rather than a permanent authorization.
A new Enhanced Curb Management Use Policy requirement was added (Section 40275(f)). The public ordinance or resolution must include a policy setting forth the specific purpose of the system, authorized uses, rules and processes for employees and contractors, prohibited uses, what data can be collected, who can access it, data protection provisions (unauthorized access, retention, public access, third-party sharing, training, auditing, oversight). The policy must be posted on the jurisdiction's website at least 30 calendar days before adoption.
New data minimization requirements were added in Section 40276(e): the system shall collect only the minimum image data reasonably necessary to identify a vehicle license plate, and to the extent technologically feasible, shall automatically obscure or blur portions of an image that do not depict the license plate or vehicle necessary for enforcement.
New data sharing restrictions were added in Section 40276(f): a designated jurisdiction or contracted vendor shall not cooperate with or provide image data to any individual, agency, or department from another state or to a federal agency, except when required by federal law or a court warrant. Failure to comply results in excess program revenue reverting to the Active Transportation Program.
New revenue and funding safeguards were added in Section 40277(d): revenues must first be used to recover program costs (installation, adjudication, reporting). A designated jurisdiction must maintain its existing commitment of local funds for curbside parking enforcement, expending not less than the annual average of expenditures during fiscal years 2023-24, 2024-25, and 2025-26. Excess revenue must be used for parking management measures within three years or revert to the Active Transportation Program.
Commercial loading zones were restricted: they can now only be used for enforcing parking violations (not for automating parking payments). Additionally, a designated jurisdiction is prohibited from charging vehicles a fee for access to commercial loading zones that existed prior to the adoption of the authorizing ordinance or resolution.
A new Section 40280 was added requiring the governing body of a designated jurisdiction to approve an Enhanced Curb Management Impact Report after implementing a system. The report must include: an assessment of impact on civil liberties and civil rights with recommendations, a description of how the system works, fiscal costs (establishment, ongoing, funding), whether deployment locations are predominantly in low-income neighborhoods, and locations where the system was deployed with associated data.
Reporting requirements in Section 40279 were substantially expanded. A specific deadline was added: on or before March 1 of the fifth year in which the system has been implemented, or by December 1, 2031, whichever occurs first. The report must now include detailed data on notices issued by month and year, locations, repeat violators, fees paid, delinquent violations, contested violations and dismissals, implementation and operating costs, revenues collected, and a racial and economic equity impact analysis developed in collaboration with local racial justice and economic equity stakeholder groups, including data broken down by indigent individuals, individuals up to 250 percent above the poverty line, and by ZIP Code.
Section 40277(b)(4) was modified to explicitly include affidavits of nonliability under Sections 40208 and 40209 as applicable rights for recipients of notices served by mail, in addition to the existing right to contest under Section 40215.
Section 40276(b) was modified to add explicit language that after the retention period expires, 'the information shall be destroyed,' making the destruction requirement more explicit than the prior version which only stated maximum retention periods.