BILL NUMBER: SB 372	CHAPTERED  09/14/06

	CHAPTER  242
	FILED WITH SECRETARY OF STATE  SEPTEMBER 14, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 14, 2006
	PASSED THE SENATE  AUGUST 16, 2006
	PASSED THE ASSEMBLY  AUGUST 10, 2006
	AMENDED IN ASSEMBLY  AUGUST 7, 2006
	AMENDED IN ASSEMBLY  JUNE 21, 2006

INTRODUCED BY   Senator Margett

                        FEBRUARY 17, 2005

   An act to amend Section 35795 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 372, Margett  Vehicles: size, weight, and load: local
authorities: issuance of variance permits.
   Existing law imposes limits on the size, weight, and load of
vehicles that may be operated on the highway and authorizes the
Department of Transportation and local authorities, with respect to
highways under their respective jurisdictions, to issue permits to
operate vehicles exceeding the specified size, weight, and load
limits.
   Existing law authorizes a local authority to charge a fee for the
issuance of the specified permits, if the fee is established by
ordinance or resolution after notice and hearing.
   Existing law requires that special services necessitated by
unusually large or heavy loads requiring engineering investigations,
escorts, tree trimming, or other services be billed separately for
each permit.
   This bill would exclude from the list of special services that are
required to be billed separately any services necessary to provide
the notification required under these provisions and services that
are within the scope of the local authority's ordinary duty to
provide. This bill would also require a local authority, for the
purposes of determining whether special services are necessitated by
an unusually large or heavy load, to be governed by specific
regulatory criteria adopted by the department for highways under its
jurisdiction.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 35795 of the Vehicle Code is amended to read:
   35795.  (a) (1) The Department of Transportation may charge a fee
for the issuance of permits pursuant to this article.
   (2) The fee established by the Department of Transportation
pursuant to this section shall be established by a regulation adopted
pursuant to Chapter 4.5 (commencing with Section 11371) of Part 1 of
Division 3 of Title 2 of the Government Code, and shall be
calculated to produce a total estimated revenue that is not more than
the estimated total cost to that department for administering this
article.
   (3) Special services necessitated by unusually large or heavy
loads requiring engineering investigations, or other services, may be
billed separately for each permit.
   (4) The funds collected by the Department of Transportation
pursuant to this subdivision shall be deposited in the State Highway
Account in the State Transportation Fund.
   (b) (1) Local authorities may charge a fee for the issuance of
permits pursuant to this article. However, the fee established by a
local authority pursuant to this section shall be established by
ordinance or resolution adopted after notice and hearing. The fee
shall be calculated to produce a total estimated revenue that is not
more than the estimated total cost incurred by the local authority in
administering its authority under this article and shall not exceed
the fee developed by the Department of Transportation pursuant to
subdivision (a). The fee for the issuance of permits shall be
developed in consultation with representatives of local government
and the commercial trucking industry. Notice of the hearing shall be
by publication as provided in Section 6064 of the Government Code.
The hearing shall be held before the legislative body of the local
authority. All objections shall be considered and interested parties
shall be afforded an adequate opportunity to be heard in respect to
their objections.
   (2) Special services necessitated by unusually large or heavy
loads requiring engineering investigations, escorts, tree trimming,
or other services, excluding services necessary to provide the
notification required under this section and services that are within
the scope of the local authority's ordinary duty to provide, shall
be billed separately for each permit.
   (3) For purposes of determining whether, under paragraph (2),
special services are necessitated by an unusually large or heavy
load, a local authority shall be governed by the criteria set forth
in subdivision (b) of Section 1411.3 of Title 21 of the California
Code of Regulations.
   (c) Nothing in this section shall limit or restrict the
application of Section 35782.