BILL ANALYSIS Ó
AB 349
Page 1
Date of Hearing: March 21, 2011
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 349 (Chesbro) - As Introduced: February 10, 2011
SUBJECT : Vehicles: length exemption
SUMMARY : Extends the vehicle length exemption for specified
livestock carriers (cattle haulers) on portions of State Route
101 (SR 101) in Humboldt, Del Norte, and Mendocino Counties from
January 1, 2012, to January 1, 2017. Specifically, this bill :
1)Extends the time period, from January 1, 2012, to January 1,
2017, that certain livestock transport trucks may use SR 101
in Del Norte, Humboldt, and Mendocino Counties for travel,
with exception.
2)Deletes provisions requiring the California Highway Patrol
(CHP), in consultation with the California Department of
Transportation (Caltrans), to continue a comprehensive study
of the effect of the vehicle length exemption on public
safety.
3)Makes other conforming changes to related provisions.
EXISTING LAW:
1)Provides, until January 1, 2012, that a vehicle length
exemption for cattle hauling trucks using SR 101 in Del Norte,
Humboldt, and Mendocino Counties is in effect provided the
travel is incidental to the shipment of livestock. The
exemption does not apply to travel on the day prior to or the
day of any federally recognized holiday and applies only to
trucks meeting all of the following criteria:
a) The length of the truck tractor and semitrailer shall
not exceed 70 feet;
b) The distance from kingpin to the rearmost axle (KP-RA)
does not exceed 43 feet; and,
c) The total length of the semitrailer does not exceed 48
feet.
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1)Requires that, by January 1, 2011, CHP and Caltrans report to
the Governor and the Legislature on the findings of a study on
the effect of the truck length exemption on public safety.
2)Specifies that, if prior to January 1, 2012, the Director of
Caltrans determines that the only adjustment to SR 101 to
accommodate trucks sizes, as specified in the exemption, is
the removal of any tree with a diameter of 42 inches or
greater, the Director shall notify the Secretary of State.
3)Specifies that, prior to January 1, 2012, if the Director of
Caltrans determines that safety improvements to the specified
portion of SR 101 have resulted in reclassification of the
entire segment as a terminal access route, the Director shall
notify the Secretary of State of that determination.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis of a similar bill, SB 773 (Wiggins), Chapter
440, Statutes of 2007, minor costs to Caltrans could result
regarding determinations for possible tree removal along SR 101.
COMMENTS :
SR 101 is the primary north-south route serving the north coast
of California and is critical to the region's commerce.
Historically, parts of SR 101 contained a number of tight curves
that were difficult for long truck-trailer combinations to
maneuver without crossing over the centerline of the highway
into on-coming traffic.
Caltrans determined that truck tractor-semitrailer combinations
that exceed specified length requirements could not travel on SR
101in Humboldt, Del Norte, and Mendocino Counties. The
restriction was put into place to reduce the possibility
presented for head-on collisions when longer trucks needed to
crossover the centerline into oncoming traffic to maneuver the
tight curves.
Since placing the restriction, Caltrans has been working to
correct the curves along the route to make it passable to longer
trucks. To date, the remaining section needing repair is a 1.1
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mile segment at Richardson Grove State Park. In this location
the highway narrows to a two-lane road with large old growth
redwood trees adjacent to the traveled way. The Richardson
Grove curve correction was scheduled to be completed by December
31, 2011 however, Caltrans states that delays in the project
development process have postponed the onset of project
construction to the summer of 2011 with project completion now
slated for the spring of 2012. Once the curve correction at
Richardson Grove is completed, Caltrans will lift the
truck-trailer length restriction on the entire SR 101 route
segment.
Results of the CHPs reports to the Legislature regarding the
effect of the exemption indicate that there have been no
collisions or incidents related to the truck length exemption.
Regardless, there continue to be safety concerns associated with
the exemption because longer trucks, operating under the
exemption, continue to cross over the centerline to maneuver
around curves at Richardson Grove State Park increasing the
potential for head-on collisions between trucks and on-coming
traffic.
While Caltrans states that the curve correction at Richardson
Grove State Park will be completed in the spring of 2012, it is
important to note that lawsuits have been filed on behalf of
Center for Biological Diversity, Californians for Alternatives
to Toxics, Environmental Protection Information Center, and
various individuals challenging the project environmental
document. Caltrans notes that if an injunction is filed, the
onset of project construction and, ultimately, project
completion, could be further delayed.
The author contends use of longer trucks is a necessity for
north coast cattle ranchers, since using shorter trucks would
require additional trips and transfer livestock from shorter to
longer trucks after they have passed through the restricted
segment of SR 101would both increase costs and negatively impact
north coast cattle ranchers' ability to compete effectively in
the marketplace.
This issue was first addressed in the Legislature in 1998 when
an exemption to the length restriction on trucks using the
restricted segment of SR 101 was enacted by AB 2426
(Strom-Martin) Chapter 711, Statutes of 1998, allowing cattle
haulers to move livestock, under certain conditions, using
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43-foot KP-RA trailers. The exemption has been extended a
number of times to accommodate the construction schedules to
complete the curve corrections along the route. Most recently,
SB 773 (Wiggins), Chapter 440, Statutes of 2007, contained a
sunset date of January 1, 2012, set to accommodate the
construction schedule of the curve correction at Richardson
Grove State Park in Humboldt County. As noted above, however,
Caltrans now expects the project to be completed in the spring
of 2012, or later if a court injunction is filed.
The author contends that extending the exemption would allow
north coast cattle ranchers to continue to be able to move
livestock in a cost effective manner while Caltrans and
concerned parties resolve issues regarding the curve correction
project at Richardson Grove. If the exemption is not extended,
the author notes that it is highly likely that the current
exemption will expire before the curve correction is completed,
making the route impassable to livestock haulers, further
straining north coast's economy.
PREVIOUS LEGISLATION :
SB 773 (Wiggins), Chapter 440, Statutes of 2007, expanded the
exemption to length limitations, until January 1, 2012, for
livestock carriers to semi-trailers up to 43 provided the
semi-trailer does not exceed a total of 48 feet.
SB 1224 (Chesbro), Chapter 449, Statutes of 2006, extended the
sunset date until 2012, and required CHP to continue the
comprehensive study of the effect of the exemption on public
safety and to make recommendations on future exemptions by
January 1, 2011.
SB 127 (Chesbro), Chapter 188, Statutes of 2003, extended the
sunset date until January 1, 2007, and required CHP to conduct a
third study on the safety impacts, which was issued on March 20,
2006.
AB 220 (Strom-Martin), Chapter 413, Statutes of 2001, continued
the exemption until January 1, 2004 and instructed the CHP to
conduct a second study on the possible safety impacts, which was
never issued.
AB 1474 (Cardoza), Chapter 911, Statutes of 1999, added one more
year to the exemption, and gave CHP until July 1, 2001 to
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complete the study and report to the Legislature.
AB 2426 (Strom-Martin), Chapter 711, Statutes of 1998, created a
two-year exemption, until January 1, 2000, to permit livestock
carriers to travel on portions of SR 101 and required the CHP to
conduct a study on the possible safety impacts of the exemption.
REGISTERED SUPPORT / OPPOSITION :
Support
County of Humboldt (Sponsor)
Cattlemen's Association (Sponsor)
County of Del Norte
Opposition
None on file
Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319-
2093