43845. (a) In any air basin designated as a nonattainment area
pursuant to Section 39608, each employer of 50 persons or more who
provides a parking subsidy to employees, shall offer a parking
cash-out program. "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.
(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) 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) "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.
(d) 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.
(e) 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.
(f) (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.
43845. (a) In any air basin designated as a nonattainment area
pursuant to Section 39608, each employer of 50 persons or more who
provides a parking subsidy to employees, shall offer a parking
cash-out program. "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.
(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) 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) "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.
(d) 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.
(e) 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.
(f) (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.
43845. (a) In any air basin designated as a nonattainment area
pursuant to Section 39608, each employer of 50 persons or more who
provides a parking subsidy to employees, shall offer a parking
cash-out program. "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.
(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) 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) "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.
(d) 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.
(e) 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.
(f) (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.
