BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                 AB 349
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         CONCURRENCE IN SENATE AMENDMENTS
         AB 349 (Chesbro)
         As Amended  June 16, 2011
         Majority vote
          
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         |ASSEMBLY:  |71-0 |(March 25,      |SENATE: |37-0 |(June 27,      |
         |           |     |2011)           |        |     |2011)          |
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          Original Committee Reference:   TRANS.  

          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.   

          The Senate amendments  :

         1)Amend the vehicle length exemption for specified cattle haulers 
           on portions of SR 101 in Humboldt, Del Norte, and Mendocino 
           Counties from January 1, 2017 to January 1, 2015.  
            
         2)Add a principal coauthor. 

          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.  

         1)Requires that, by January 1, 2011, the California Highway Patrol 
           (CHP) and the California Department of Transportation (Caltrans) 







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           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.  



          AS PASSED BY THE ASSEMBLY  , this bill:

         1)Extended 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)Deleted provisions requiring the CHP, in consultation with 
           Caltrans, to continue a comprehensive study of the effect of the 
           vehicle length exemption on public safety.  

         3)Made other conforming changes to related provisions.  

          FISCAL EFFECT  :  Unknown  

          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 







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         that exceed specified length requirements could not travel on SR 
         101 in 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 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 CHP's 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 







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         101 would 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 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 feet 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 







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         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 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.  


          Analysis Prepared by  :   Victoria Alvarez / TRANS. / (916) 319- 2093 
                                                           FN: 0001312