BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 2752
Author: Assembly Transportation Committee
Amended: 8/14/14 in Senate
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 10-0, 6/26/14
AYES: DeSaulnier, Gaines, Beall, Cannella, Galgiani, Hueso,
Lara, Liu, Roth, Wyland
NO VOTE RECORDED: Pavley
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 78-0, 5/15/14 9 (Consent) - See last page for
vote
SUBJECT : Transportation omnibus bill
SOURCE : Author
DIGEST : This bill makes non-controversial changes to sections
of law relating to transportation.
Senate Floor Amendments of 8/14/14 add double-jointing language
with SB 611 (Hill).
ANALYSIS : This bill includes the following provisions:
California State Transportation Agency (Sections 1 and 2) .
Existing law, effective July 1, 2013, replaces the Business,
Transportation, and Housing Agency with the California State
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Transportation Agency and the California Business, Consumer
Services, and Housing Agency.
This bill replaces outdated references to the Secretary of the
Business, Transportation, and Housing Agency with references
to the Secretary of Transportation. [Submitted by the
Assembly Transportation Committee]
Local public works contracts (Section 3) . When local agencies
voluntarily adopt the standards and procedures of the Uniform
Public Construction Cost Accounting Act (UPCCA), they can use
higher limits for their contracts. Up until 2011, statute
authorized counties that adopted UPCCA to use an alternative
procurement procedure authorizing a county road commissioner,
or a registered civil engineer under the direction of the
county transportation director, to supervise or direct any
work upon county highways. AB 720 (Hall, Chapter 683,
Statutes of 2011) imposes a cap on the amount of work counties
can perform using alternative procurement procedures. In
implementing AB 720, stakeholders have identified four issues
for the Legislature to clarify.
This bill clarifies that counties shall calculate their
eligible force account work on a fiscal year basis; clarifies
that counties shall use the State Controller's Office Annual
Streets and Roads Report as of March 1 of each year to set the
cap for the following fiscal year; clarifies that counties may
comply with the requirement to "declare work" using the
alternative procedure in three ways, namely, listing
anticipated projects in the annual budget, listing anticipated
projects for the fiscal year, and/or on a project-by-project
basis; and enacts language provided by Assemblymember Hall in
a letter to the Daily Journal clarifying that force account
work to facilitate private contracts does not count toward the
cap. [Submitted by the California State Association of
Counties Construction Industry Force Account Council]
Orange County Transit District (OCTD) taxes (Section 4) . The
California Constitution allows special districts to impose
only special taxes - defined as any tax imposed for specific
purposes - but not general taxes. The constitution requires a
local government to obtain two-thirds voter approval in order
to impose, extend, or increase any special tax. A statute
enacted prior to the constitutional two-thirds voter
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requirement authorizes OCTD to impose transaction and use
taxes by adopting an ordinance approved by a majority vote of
the electorate. Because transit districts are special
districts, the constitutional requirement of two-thirds
approval for a special tax supersedes this majority vote
requirement.
This bill updates the vote requirement to two-thirds for
OCTD's transaction and use taxes. [Submitted by the Senate
Governance and Finance Committee]
Vote requirement for special taxes (Section 5) . The
California Constitution requires a local government to obtain
two-thirds voter approval in order to impose, extend, or
increase any special tax. Existing law authorizes some local
governments to adopt an ordinance imposing a motor vehicle
fuel tax. A statute enacted prior to the constitutional
two-thirds voter requirement authorizes a local government to
impose a fuel tax with majority vote approval.
This bill updates the vote requirement to two-thirds for local
fuel taxes and updates an outdated reference to the Los
Angeles County Transportation Commission, which is now named
the Los Angeles Metropolitan Transportation Commission.
[Submitted by the Senate Governance and Finance Committee]
Highway relinquishment cleanup (Sections 6, 7, 8, 9) .
Existing law relinquishes numerous portions of the state
highway system to cities and counties.
This bill updates the statutory descriptions of Highway 5,
Route 34, Route 55, and Route 232 to reflect the fact that the
state Department of Transportation (Caltrans) has relinquished
portions of these highways to local agencies. [Submitted by
Caltrans]
Technical correction to the Streets and Highways Code (Section
10) . Section 721 of the Streets and Highways Code authorizes
Caltrans to remove certain highway encroachments.
This bill corrects a cross-referencing error in this section.
[Submitted by Caltrans]
Technical corrections to the Vehicle Code (Sections 11, 14,
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15) . Section 2403.5 of the Vehicle Code authorizes the
Commissioner of the California Highway Patrol (CHP) to enter
into interstate agreements with neighboring states. Section
15210 of the Vehicle Code provides definitions relating to
commercial driver's licenses. Section 27360 of the Vehicle
Code relates to child safety passenger restraints.
This bill corrects cross-referencing error in these sections.
[Submitted by the CHP]
Legacy license plate cleanup (Section 12) . Existing law (AB
1658, Gatto, Chapter 720, Statutes of 2012) establishes a
legacy license plate program requiring the Department of Motor
Vehicles (DMV) to issue specialized license plates that
replicate the look of California's license plates from the
past.
This bill clarifies that an applicant can either be assigned a
plate number by DMV or request a personalized plate, and
includes cleanup language related to fees for personalized
plates. [Submitted by the DMV]
State Controller's Office (SCO) report requirement (Section
13) . Existing law (SB 71, Leno, Chapter 728, Statutes of
2012) eliminates, consolidates, or streamlines various
reporting requirements for state agencies and departments,
including an SCO report summarizing the annual revenues and
expenditures of each county that has adopted a local vehicle
registration surcharge to fund fingerprint programs. The
deletion of this report requirement was accidentally chaptered
out by a bill that was subsequently signed by the Governor,
but then legislative staff indicated a desire to preserve the
report requirement.
This bill allows SCO to post on its Internet Web site, instead
of submitting to the Legislature, an annual summary of
revenues and expenditures for each county that has adopted a
local vehicle registration surcharge to fund fingerprint
programs. [Submitted by SCO]
Federal conformity relating to commercial vehicles (Section
16) . Section 34500 of the Vehicle Code establishes safety
regulations for trucks and other commercial vehicles. In
order to be eligible for federal Motor Carrier Safety
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Assistance Program grant funds, the state must enforce
statutes and regulations that are consistent with Title 49 of
the Code of Federal Regulations relating to commercial vehicle
enforcement.
This bill amends Section 34500 of the Vehicle Code to bring it
into compliance with federal regulations, pursuant to findings
in an audit by the Federal Motor Carrier Safety
Administration. [Submitted by the CHP]
Utility service vehicles (Section 17) . Title 49 of the Code
of Federal Regulations exempts utility service vehicles from
federal hours-of-service rules and defines a utility service
vehicle as any commercial vehicle used to repair, maintain, or
operate any structures or any other facilities necessary for
the delivery of public utility services, while engaging in any
activity necessarily related to the delivery of utility
services to customers. This definition includes any service
vehicles used for delivery of utility service, whether driven
by a utility employee or a contractor. Section 34501.2 of the
Vehicle Code exempts a driver employed by various public
utilities from hours-of-service rules, but does not clearly
exempt a licensed contractor working on behalf of the utility.
Utilities rely heavily on contractors to restore service
during an emergency.
This bill exempts drivers employed by a public utility, as
well as contractors working on behalf of a utility to restore
service during an emergency, from state hours-of-service
rules. [Submitted by Western Line Constructors]
Off-highway vehicle (OHV) registration stickers (Section 18) .
Existing law requires an individual to obtain a green or red
registration sticker from DMV in order to operate an OHV on
public land. An OHV rider does not need a registration
sticker to operate on private property, but does need a
sticker in order to transport an OHV that is not in operation
(e.g., in a truck) over public roads. Thus, an individual
must obtain a registration sticker even to simply transport an
OHV from one private property to another.
This bill deletes the requirement to register an OHV in order
to transport it over public roads. [Submitted by Senator
DeSaulnier]
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Comments
The Assembly Transportation Committee is authoring this bill as
a means of combining multiple, non-controversial changes to
statutes into one bill so that the Legislature can make minor
amendments in a cost-effective manner. There is no known
opposition to any item in this bill, and if concerns arise that
cannot be resolved, the committee will delete the provision of
concern from this bill.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
ASSEMBLY FLOOR : 78-0, 5/15/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hernández,
Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Medina, Melendez, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Patterson, Perea, John A. Pérez, V.
Manuel Pérez, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Mansoor, Vacancy
JA:d 8/17/14 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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