Amended in Senate January 6, 2014

Senate Bill No. 469

Introduced by Senator Corbett

February 21, 2013

begin delete An act to Chapter 4 (commencing with Section 22160) to Part 3 of Division 2 of the Public Contract Code, relating to local public transit. end delete begin insert An act to amend Section 35110 of, and to add Section 35405 to, the Vehicle Code, relating to vehicles. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 469, as amended, Corbett. begin delete Public contracts: local agencies: public transit vehicles. end delete begin insert Vehicles: aerodynamic vehicles. end insert

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Existing law limits the length of vehicles and combinations of vehicles coupled together. Existing law permits door handles, hinges, cable cinchers, chain binders, aerodynamic devices, and holders for the display of placards warning of hazardous materials to extend 3 inches on each side of the vehicle. Under existing law, any extension or device used to increase the carrying capacity of a vehicle is generally included in measuring the length of a vehicle, subject to certain exceptions.

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This bill would also permit a tarping system, as defined, and all nonproperty carrying devices or components to extend 3 inches on each side of the vehicle, as specified. The bill would exclude an aerodynamic device, as defined, that extends no more than 5 feet beyond the rear of a vehicle from the calculation of a vehicle’s length if the device meets specified conditions, including that the device does not obscure tail lamps, turn signals, marker lamps, identification lamps, or any other required safety devices.

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Existing law limits the width of a vehicle to no more than 102 inches, with certain exceptions, including that a vehicle may have an aerodynamic device, as defined, that extends up to 3 inches beyond each side of the vehicle. Existing law prohibits an aerodynamic device from adversely impacting the vehicle’s swept width and turning characteristics.

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This bill would instead prohibit an aerodynamic device from affecting the vehicle’s turning radius, as defined, or interfering with the vehicle’s ability to complete a turn.

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Existing law establishes various bidding requirements for local agencies entering into construction contracts.

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This bill would require a local authority awarding a procurement contract for the purchase of a public transit vehicle to give a 10 percent preference to any bidder that agrees that all vehicles to be purchased under the contract are to be manufactured within the State of California. This bill would also state that this is an issue of statewide concern.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

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begin insert SECTION 1. end insert   

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begin insert Section 35110 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

35110.  

(a) Door handles, hinges, cable cinchers, chain binders,
aerodynamic devices, begin delete and end delete holders for the display of placards
warning of hazardous materials begin insert , and a tarping system and all
nonproperty carrying devices or components thereof, end insert may extend
three inches on each side of the vehicle.

(b)  begin insert (1) end insert begin insert   end insert For purposes of this section, “aerodynamic begin delete devices” end delete
begin insert device” end insert means begin delete devices using end delete begin insert a device that uses end insert technologies that
minimize drag and improve airflow over an entire tractor-trailer
vehicle. These include gap fairings that reduce turbulence between
the tractor and trailer, side skirts that minimize wind under the
trailer, and rear fairings that reduce turbulence and pressure drop
at the rear of the begin delete trailer, provided that these devices end delete begin insert trailer. An
aerodynamic device end insert shall not begin delete adversely impact end delete begin insert have end insert the begin delete vehicle’s
swept width and turning characteristics and that the end delete primary
purpose of begin delete the device is not for end delete advertising begin insert and shall not affect the
vehicle end insert begin insert ’s turning radius or interfere with the vehicle’s ability to
complete a turn end insert .

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(2) As used in paragraph (1), “turning radius” means the angle
that the tractor can rotate relative to the trailer while completing
a turn.

end insert begin insert

(c) (1) For purposes of this section, “a tarping system” means
a moveable device used to enclose the cargo area of flatbed
semitrailers or trailers.

end insert begin insert

(2) Subdivision (a) applies to all component parts of a tarping
system, including the following:

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(A) The transverse structure at the front of the vehicle to which
the sliding walls and roof of the tarp mechanism are attached,
provided the structure is not also intended or designed to comply
with Section 393.106 of Title 49 of the Code of Federal
Regulations. The transverse structure may be up to 108 inches
wide if properly centered so that neither side extends more than
three inches beyond the structural edge of the vehicle.

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(B) The side rails running the length of the vehicle.

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(C) The rear doors, provided the only function of the rear doors
is to seal the cargo area and anchor the sliding walls and roof.

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(D) The “wings” designed to close the gap between a
headerboard designed to comply with Section 393.106 of Title 49
of the Code of Federal Regulations and the movable walls and
roof of a tarping system, provided they are add-on pieces designed
to bear only the load of the tarping system itself and are not
integral parts of the load-bearing headerboard structure.

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(d) For purposes of this section, a “headerboard designed to
comply with Section 393.106 of Title 49 of the Code of Federal
Regulations” is load bearing and does not exceed 102 inches in
width.

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begin insert SEC. 2. end insert   

end insert

begin insert Section 35405 is added to the end insert begin insert Vehicle Code end insert begin insert , to read: end insert

begin insert

begin insert 35405. end insert   

(a) An aerodynamic device that extends no more than
five feet beyond the rear of a vehicle shall not be included in
measuring the length of the vehicle or combination of vehicles, if
both of the following conditions are met:

(1) The device does not have the strength, rigidity, or mass to
damage a vehicle, or injure a passenger in a vehicle, that strikes
the vehicle equipped with the device from the rear.

(2) The device does not obscure tail lamps, turn signals, marker
lamps, identification lamps, or any other required safety devices,
including, but not limited to, hazardous materials placards or
conspicuity markings.

(b) For purposes of this section, “aerodynamic device” has the
same meaning as defined in Section 35110.

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SECTION 1.  

Chapter 4 (commencing with Section 22160) is
added to Part 3 of Division 2 of the Public Contract Code, to read:

 

Chapter  4. Public Transit Vehicles

 

22160.  

(a) An awarding authority that use a competitive
bidding process and awards a procurement contract for the purchase
of a public transit vehicle shall give a 10 percent preference to any
bidder that agrees that all public transit vehicles to be purchased
under the contract are to be manufactured within the State of
California.

(b) For the purposes of this Section, the following definitions
apply:

(1) “Awarding authority” means a local government agency,
including any city, county, city and county, special district, transit
district, or joint powers authority that awards or otherwise enters
into contracts for the public transit vehicles.

(2) “Bidder” means a person that submits a bid to sell a public
transit vehicle to an awarding authority.

(3) “Manufactured within the State of California” means a
majority of the component parts were manufactured or assembled
at a facility in California.

(4) “Person” means any individual, proprietorship, joint venture,
corporation, limited liability company, trust, association, other
entity.

(5) “Public transit vehicle” means a vehicle used or intended to
be used to transport members of the general public, including, but
is not limited to, school buses.

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SEC. 2.  

The Legislature hereby finds and declares that
maintaining jobs in this state, including charter cities and counties,
has a direct impact on the well-being of all residents of this state.
Therefore, the Legislature finds and declares that giving a public
contract preference to a bidder that manufactures public transit
vehicles within the State of California, is an issue of statewide
concern and not a municipal affair, as that term is used in Section
5 of Article XI of the California Constitution. Therefore, this act
shall apply to every city and county in this state, including a charter
city, charter county, and charter city and county.

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