RCRC has taken a position of “oppose unless amended” on Assembly Bill 2149, authored by Assembly Member Damon Connolly (D-San Rafael). This measure creates a requirement for local agencies to regulate and enforce safety provisions, set forth in the bill, on all gates over 50 pounds and 48 inches wide.
Specifically, AB 2149 creates a new regulatory and enforcement burden on local agencies by defining a regulated gate in a way that encompasses a vast universe of barriers. The broad definition, as currently drafted, would create enforcement duties over thousands of gates in each jurisdiction. This would require the training of existing staff and hiring of new staff to perform enforcement duties. It would also create an industry incentive to compel the installation of the hardware required by this bill. Considering those factors, the local government staffing costs statewide could be in the mid to high hundreds of thousands of dollars annually.
RCRC has suggested several amendments, including that this bill be amended to focus on the types of gates that motivated the introduction of the bill— gates on school grounds.
RCRC is joined by CSAC in opposing this measure unless amended. The letter is available here. For additional information, contact RCRC Senior Policy Advocate, Tracy Rhine.