Amended in Assembly April 24, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2752

Introduced by Committee on Transportation (Lowenthal (Chair), begin insert Achadjian, end insert Ammiano, Bloom, Bonta, Buchanan, Daly, Frazier, Gatto, Holden, begin insert Linder, Logue, end insert Nazarian, begin delete and end delete begin insert Patterson, end insert Quirk-Silva begin insert , and Waldron end insert )

March 19, 2014

An act to amend Sections 14534 and 65089.2 of the Government Code, begin insert to amend Section 22031 of the Public Contract Code, to amend Sections 40333 and 99502 of the Public Utilities Code, and to amend Sections 2403.5, 5004.3, 27360, and 34500 of the Vehicle Code, end insert relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

AB 2752, as amended, Committee on Transportation. begin delete Transportation programs. end delete begin insert Transportation. end insert

begin delete

Existing

end delete

begin insert (1) end insert begin insert   end insert begin insert Existing end insert law provides for the adoption of the state transportation improvement program by the California Transportation Commission and for the adoption of a congestion management program by specified local agencies. Existing law specifies the duties of the Secretary of Transportation with regard to these programs.

This bill would correct obsolete references in these provisions.

begin insert

(2) Existing law establishes contracting procedures for local agencies to follow when engaged in public works projects, with different procedures applicable to contracts depending on the value of the contract. Existing law provides that competitive bidding may be dispensed with on certain types of lower value contracts, where work may be awarded under what are commonly known as force account or day labor provisions. Existing law imposes an annual limit on the amount of contracting for new road construction and reconstruction work that may done by day labor under certain force account provisions.

end insert begin insert

This bill would revise the provisions governing new county road construction and reconstruction work done by day labor under force account provisions to exclude from the annual limit force account work necessary to administer private contracts, while including force account work necessary to administer work performed by county employees. The bill would make other related changes.

end insert begin insert

(3) Existing law requires the Department of Motor Vehicles to establish the California Legacy License Plate Program, under which license plates are issued that replicate the look of license plates from the state’s past. Existing law provides for payment of certain fees by an applicant for various services related to issuance of these plates, in addition to regular vehicle registration fees.

end insert begin insert

This bill would allow an applicant for legacy plates, upon payment of associated fees, to request that the plate contain a particular combination of letters or numbers, or both. The bill would require payment of a fee of $38 when the holder of a legacy plate containing a particular combination retains the plate but does not renew a vehicle’s registration.

end insert begin insert

(4) Existing law requires the Department of the California Highway Patrol to regulate the safe operation of certain classes of vehicles, including certain trucks and buses. Existing law includes within these responsibilities a truck or a combination of a truck and any other vehicle when transporting hazardous materials.

end insert begin insert

This bill would instead refer to any vehicle or combination of vehicles transporting hazardous materials.

end insert begin insert

(5) The bill would also correct various other obsolete references and erroneous cross-references and make other related changes.

end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 14534 of the Government Code is
amended to read:

14534.  

Upon the adoption of the state transportation
improvement program, the Secretary of Transportation, the
commission, and the department shall act in accordance with the
program in carrying out their respective powers and duties, except
as otherwise provided by law.

The existing adopted state transportation improvement program
shall remain in effect until a new state transportation improvement
program is adopted by the commission.

SEC. 2.  

Section 65089.2 of the Government Code is amended
to read:

65089.2.  

(a) Congestion management programs shall be
submitted to the regional agency. The regional agency shall
evaluate the consistency between the program and the regional
transportation plans required pursuant to Section 65080. In the
case of a multicounty regional transportation planning agency, that
agency shall evaluate the consistency and compatibility of the
programs within the region.

(b) The regional agency, upon finding that the program is
consistent, shall incorporate the program into the regional
transportation improvement program as provided for in Section
65082. If the regional agency finds the program is inconsistent, it
may exclude any project in the congestion management program
from inclusion in the regional transportation improvement program.

(c) (1) The regional agency shall not program any surface
transportation program funds and congestion mitigation and air
quality funds pursuant to Section 182.6 and 182.7 of the Streets
and Highways Code in a county unless a congestion management
program has been adopted by December 31, 1992, as required
pursuant to Section 65089. No surface transportation program
funds or congestion mitigation and air quality funds shall be
programmed for a project in a local jurisdiction that has been found
to be in nonconformance with a congestion management program
pursuant to Section 65089.5 unless the agency finds that the project
is of regional significance.

(2) Notwithstanding any other provision of law, upon the
designation of an urbanized area, pursuant to the 1990 federal
census or a subsequent federal census, within a county which
previously did not include an urbanized area, a congestion
management program as required pursuant to Section 65089 shall
be adopted within a period of 18 months after designation by the
Governor.

(d) (1) It is the intent of the Legislature that the regional agency,
when its boundaries include areas in more than one county, should
resolve inconsistencies and mediate disputes that arise between
agencies related to congestion management programs adopted for
those areas.

(2) It is the further intent of the Legislature that disputes that
may arise between regional agencies, or agencies that are not within
the boundaries of a multicounty regional transportation planning
agency, should be mediated and resolved by the Secretary of
Transportation, or an employee of the Transportation Agency
designated by the secretary, in consultation with the air pollution
control district or air quality management district within whose
boundaries the regional agency or agencies are located.

(e) At the request of the agency, a local jurisdiction that owns,
or is responsible for operation of, a trip-generating facility in
another county shall participate in the congestion management
program of the county where the facility is located. If a dispute
arises involving a local jurisdiction, the agency may request the
regional agency to mediate the dispute through procedures pursuant
to subdivision (d). Failure to resolve the dispute does not invalidate
the congestion management program.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 22031 of the end insert begin insert Public Contract Code end insert begin insert is amended
to read: end insert

22031.  

(a) Prior to January 1, 2013, this article shall not
prohibit a board of supervisors or a county road commissioner
from utilizing, as an alternative to the procedures set forth in this
article, the procedures set forth in Article 25 (commencing with
Section 20390) of Chapter 1.

(b) On or after January 1, 2013, this article shall not prohibit a
board of supervisors or a county road commissioner from utilizing,
as an alternative to the procedures set forth in this article, the
procedures set forth in Article 25 (commencing with Section
20390) of Chapter 1 for both of the following:

(1) Maintenance and emergency work.

(2) New road construction and road reconstruction as long as
the total begin delete annual end delete value of the new road construction and the road
reconstruction performed under the procedures set forth in
subdivision (c) of Section 20395 begin insert during a fiscal year end insert does not
exceed 30 percent of the total value of all work performed by force
account other than maintenance as reported in the Controller’s
Streets and Roads Annual Report as of begin delete January end delete begin insert March end insert 1 of each
year begin insert prior to the fiscal year end insert .

begin insert

(c) The value of force account work necessary to facilitate
capital projects for the purpose of contracting to the private sector,
including design, engineering, inspection, testing, and other force
account work necessary to administer private contracts, shall be
excluded from the 30-percent limit in subdivision (b).

end insert begin insert

(d) The value of force account work necessary to facilitate
projects performed by county employees, including design,
engineering, inspection, testing, and other force account work
necessary to administer work performed under subdivision (b),
shall apply to the 30-percent limit in subdivision (b).

end insert begin delete

(c)

end delete

begin insert (e) end insert  On or after January 1, 2013, for a county with a population
of less than 50,000, this article shall not prohibit a board of
supervisors or a county road commissioner from utilizing, as an
alternative to the procedures set forth in this article, the procedures
set forth in Article 25 (commencing with Section 20390) of Chapter
1.

begin delete

(d)

end delete

begin insert (f) end insert  The requirements set forth in Section 22038 shall apply to
any county subject to this section.

begin delete

(e)

end delete

begin insert (g) end insert  Any county board of supervisors or county road
commissioner acting pursuant to the authority granted in paragraph
(2) of subdivision (b) shall begin insert publicly end insert declare its intention to use this
authority prior to commencing work. begin insert The public declaration may
be on a project end insert begin insert -by end insert begin insert -project basis, or via a list of anticipated projects
for the fiscal year, which list may be included in the county’s
annual budget. end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 40333 of the end insert begin insert Public Utilities Code end insert begin insert is amended
to read: end insert

40333.  

The taxes authorized by this article shall not be imposed
unless the board shall have authorized it by ordinance adopted by
a vote of two-thirds of all members of the board and begin delete such end delete begin insert the end insert
ordinance shall be approved by begin delete a majority end delete begin insert two-thirds end insert of the votes
cast by the qualified electors of the district voting on the
proposition at an election called for that purpose. The board, in
the ordinance, shall state the nature of the tax to be imposed, shall
provide the tax rate or rates or the maximum tax rate or rates, and
shall specify the purposes for which the revenue derived from the
tax will be used.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 99502 of the end insert begin insert Public Utilities Code end insert begin insert is amended
to read: end insert

99502.  

(a) The tax may be imposed by the adoption of an
ordinance by a taxing entity if (1) it calls a special election for the
submission of a proposition to grant it the authority to impose the
tax pursuant to the ordinance and (2) begin delete a majority end delete begin insert two-thirds end insert of the
voters voting at the special election approves the proposition. The
special election may be held only when consolidated with an
otherwise scheduled state election or local election for an area
begin delete which end delete begin insert that end insert includes the area under the jurisdiction of the taxing
entity. In the case of the City of Los Angeles, it may call begin delete such a end delete
begin insert the end insert special election only after securing the approval of the Los
Angeles County begin insert Metropolitan end insert Transportation begin delete Commission end delete
begin insert Authority end insert .

(b) Where two or more taxing entities have jurisdiction over
the same area and begin insert are end insert authorized pursuant to subdivision (a) to
impose the tax under this chapter, the tax shall be imposed only
by the taxing entity with the largest area under its jurisdiction.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 2403.5 of the end insert begin insert Vehicle Code end insert begin insert is amended to read: end insert

2403.5.  

The commissioner, or a designated representative, may
enter into reciprocal operational agreements with authorized
representatives of the Oregon State Police, the Nevada Department
of Motor Vehicles and Public Safety, and the Arizona Department
of Public Safety to promote expeditious and effective law
enforcement begin delete sevice end delete begin insert service end insert to the public, and assistance between
the members of the California Highway Patrol and those agencies,
in areas adjacent to the borders of this state and each of the
adjoining states pursuant to Section begin delete 830.32 end delete begin insert 830.39 end insert of the Penal
Code. The reciprocal operational agreement shall be in writing
and may cover the reciprocal begin delete exhange end delete begin insert exchange end insert of law enforcement
services, resources, facilities begin insert , end insert and any other necessary and proper
matters between the Department of the California Highway Patrol
and the respective agency. Any agreement shall specify the
involved departments, divisions, or units of the agencies, the
duration and purpose of the agreement, the responsibility for
damages, the method of financing any joint or cooperative
undertaking, and the methods to be employed to terminate an
agreement. The commissioner may establish operational procedures
in implementation of any reciprocal operational agreement that
are necessary to achieve the purposes of the agreement.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 5004.3 of the end insert begin insert Vehicle Code end insert begin insert is amended to read: end insert

5004.3.  

(a) Subject to subdivision begin delete (c) end delete begin insert (d) end insert , the department shall
establish the California Legacy License Plate Program and create
and issue a series of specialized license plates known as California
Legacy License Plates that replicate the look of California license
plates from the state’s past. The design of the plates shall be
identical, to the extent the department determines it to be
reasonably feasible under current manufacturing processes, to a
regular license plate, except as provided in subdivision (b).

(b) The California Legacy License Plates shall consist of one
or more of the following designs:

(1) Yellow background with black lettering per the appearance
of California license plates issued by the department from 1956
to 1962, inclusive.

(2) Black background with yellow lettering per the appearance
of California license plates issued by the department from 1965
to 1968, inclusive.

(3) Blue background with yellow lettering per the appearance
of California license plates issued by the department from 1969
to 1986, inclusive.

begin insert

(c) An applicant for the specialized license plates described in
subdivision (a), who shall be the owner or lessee of the vehicle on
which the plates will be displayed, may choose to either accept a
license plate character sequence assigned by the department or
request a combination of letters or numbers or both, subject to
Section 5105.

end insert begin delete

(c)

end delete

begin insert (d) end insert  In addition to the regular fees for an original registration or
renewal of registration, the following additional fees shall be paid
for the issuance, renewal, begin insert retention, end insert or transfer of the specialized
license plates:

(1) Fifty dollars ($50) for the original issuance of the plates.

(2) Forty dollars ($40) for a renewal of registration with the
plates.

(3) Fifteen dollars ($15) for transfer of the plates to another
vehicle.

(4) Thirty-five dollars ($35) for each substitute replacement
plate.

begin insert

(5) Thirty-eight dollars ($38), when the payment of renewal
fees is not required as specified in Section 4000 and the holder of
the specialized license plates retains the plates. The fee shall be
due at the expiration of the registration year of the vehicle to which
the specialized license plates were assigned. This paragraph shall
not apply when a plate character sequence is assigned by the
department pursuant to subdivision (c).

end insert begin insert

(e) Sections 5106 and 5108 do not apply to the specialized
license plates issued pursuant to this section.

end insert begin delete

(d)

end delete

begin insert (f) end insert  The department shall not issue California Legacy License
Plates for a vehicle that is exempt from the payment of registration
fees pursuant to Section 9101 or 9103.

begin delete

(e)

end delete

begin insert (g) end insert  (1) The department shall not establish the California Legacy
License Plate Program until the department has received not less
than 7,500 paid applications for plates. The department shall collect
and hold applications for the plates. The department shall not issue
a specialized license plate until it has received not less than 7,500
paid applications for any one of the particular plates within the
time period prescribed in this section.

(2) The department shall have until January 1, 2015, to receive
the required number of applications. If, after that date, 7,500 paid
applications have not been received for any one of the three plates
described in subdivision (b), the department shall immediately
refund to all applicants all fees or deposits that have been collected.

begin delete

(f)

end delete

begin insert (h) end insert  (1) Upon a determination by the department that there are
sufficient funds for the program, moneys shall be available, upon
appropriation by the Legislature, to the department for the
necessary administrative costs of establishing the California Legacy
License Plate Program.

(2) After deducting its administrative costs under this
subdivision, the department shall deposit any additional revenue
derived from the issuance, renewal, transfer, begin insert retention, end insert and
substitution of the specialized license plates into the California
Environmental License Plate Fund, for appropriation by the
Legislature pursuant to existing law.

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 27360 of the end insert begin insert Vehicle Code end insert begin insert is amended to read: end insert

27360.  

(a) Except as provided in Section begin delete 27363 end delete begin insert 27363, end insert a
parent, legal guardian, or driver shall not transport on a highway
in a motor vehicle, as defined in paragraph (1) of subdivision begin delete (3) end delete
begin insert (c) end insert of Section 27315, a child or ward who is under eight years of
age, without properly securing that child in a rear seat in an
appropriate child passenger restraint system meeting applicable
federal motor vehicle safety standards.

(b) Subdivision (a) does not apply to a driver if the parent or
legal guardian of the child is also present in the motor vehicle and
is not the driver.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 34500 of the end insert begin insert Vehicle Code end insert begin insert is amended to read: end insert

34500.  

The department shall regulate the safe operation of the
following vehicles:

(a) Motortrucks of three or more axles that are more than 10,000
pounds gross vehicle weight rating.

(b) Truck tractors.

(c) Buses, schoolbuses, school pupil activity buses, youth buses,
farm labor vehicles, and general public paratransit vehicles.

(d) Trailers and semitrailers designed or used for the
transportation of more than 10 persons, and the towing motor
vehicle.

(e) Trailers and semitrailers, pole or pipe dollies, auxiliary
dollies, and logging dollies used in combination with vehicles
listed in subdivision (a), (b), (c), or (d). This subdivision does not
include camp trailers, trailer coaches, and utility trailers.

(f) A combination of a motortruck and a vehicle or vehicles set
forth in subdivision (e) that exceeds 40 feet in length when coupled
together.

(g)  begin delete A truck, end delete begin insert Any vehicle, end insert or a combination of begin delete a truck and any
other vehicle, end delete begin insert vehicles, end insert transporting hazardous materials.

(h) Manufactured homes that, when moved upon the highway,
are required to be moved pursuant to a permit as specified in
Section 35780 or 35790.

(i) A park trailer, as described in Section 18009.3 of the Health
and Safety Code, that, when moved upon a highway, is required
to be moved pursuant to a permit pursuant to Section 35780.

(j) Any other motortruck not specified in subdivisions (a) to
(h), inclusive, or subdivision (k), that is regulated by the
Department of Motor Vehicles, Public Utilities Commission, or
United States Secretary of the Department of Transportation, but
only for matters relating to hours of service and logbooks of
drivers.

(k) A commercial motor vehicle with a gross vehicle weight
rating of 26,001 or more pounds or a commercial motor vehicle
of any gross vehicle weight rating towing a vehicle described in
subdivision (e) with a gross vehicle weight rating of more than
10,000 pounds, except combinations including camp trailers, trailer
coaches, or utility trailers. For purposes of this subdivision, the
term “commercial motor vehicle” has the meaning defined in
subdivision (b) of Section 15210.