Amended in Senate April 18, 2013

Senate BillNo. 788


Introduced by Committee on Transportation and Housing (Senators DeSaulnier (Chair), Beall, Cannella, Gaines, Galgiani,begin delete Hill,end deletebegin insert Hueso,end insert Lara, Liu, Pavley, Roth, and Wyland)

February 22, 2013


An act tobegin insert amend Section 21080 of the Public Resources Code, toend insert amend Section 6480.1 of the Revenue and Taxation Code,begin insert to amend Sections 368, 374, 386, and 890.4 of, and to add Section 73.2 to, the Streets and Highways Code, end insertand to amendbegin delete Sectionend deletebegin insert Sections 5022, 5023, 5101.7, 5106, andend insert 14606 ofbegin insert, to add Sections 385.2 and 385.3 to, and to repeal Sections 378 and 379 of,end insert the Vehicle Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

SB 788, as amended, Committee on Transportation and Housing. Transportation.

begin insert

(1) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment, or to adopt a negative declaration if it finds that the project will not have that effect. Existing law exempts certain activities from CEQA, including a project for the institution or increase of passenger or commuter services on rail or highway rights-of-way already in use, including modernization of existing stations and parking facilities.

end insert
begin insert

This bill would define the term “highway” for these purposes.

end insert
begin delete

(1)

end delete

begin insert(2)end insert Existing law requires that on July 1 of each succeeding year, the prepayment ratebegin insert of the retail sales taxend insert per gallon for aircraft jet fuel, rounded to the nearest $0.005, be established by the State Board of Equalization based upon 80% of the combined state and local sales tax ratebegin delete and the California Constitutionend delete, as specified, on the arithmetic average selling price, excluding sales and state excise taxes, as determined by the board. Existing law requires the board to make its determination of the rate no later than March 1 of the year prior to the effective date of the new rate.begin delete Existing law requires the rate of the prepayment required to be collected for aircraft jet fuel be equal to 80% of the arithmetic average selling price of aircraft jet fuel as specified by industry publications.end delete Existing law requires that immediately upon making its determination and setting of the rate, the board must each year, no later than May 1, notify every supplier, wholesaler, and retailer of aircraft jet fuel. Existing law permits the board to readjust the rate in the event the price of aircraft jet fuel decreases or increases, and the established rate results in prepayments that consistently exceed or are significantly lower than the retailers’ sales tax liability.

This bill would revise the provision that requires the board to make its determination of the rate no later than March 1 of the year prior to the effective date of the new rate, and instead would require this determination to be made no later than March 1 of the same year as the effective date of the new rate.

begin insert

(3) Existing law gives the Department of Transportation full possession and control of all state highways. Existing law describes the authorized routes in the state highway system and establishes a process for adoption of a highway on an authorized route by the California Transportation Commission. Existing law authorizes the commission to relinquish certain state highway segments to local agencies.

end insert
begin insert

This bill would authorize the commission to relinquish portions of State Highway Routes 68, 74, and 86 to local agencies under certain conditions. This bill would also authorize the commission to relinquish a portion of State Highway Route 25 in the City of Hollister to that city prior to relocation of that route to a proposed new easterly bypass alignment, under certain conditions, and would thereafter require the commission to adopt the new bypass alignment into the state highway system, as specified. This bill would require all of these relinquishments to be done at no cost to the state, unless the commission makes a finding of need.

end insert
begin insert

(4) Existing law defines “bikeway” for certain purposes to mean all facilities that provide primarily for bicycle travel. Existing law categorizes bikeways into 3 classes of facilities.

end insert
begin insert

This bill would make various modifications to these provisions.

end insert
begin insert

(5) Existing law defines the terms “logging dolly” and “logging vehicle” for purposes of the Vehicle Code.

end insert
begin insert

This bill would renumber these provisions and revise the definition of “logging dolly.”

end insert
begin insert

(6) Existing law authorizes the Department of Motor Vehicles to issue various specialized license plates, including license plates commemorating the Olympics. Existing law also provides for the issuance of substitute or duplicate Olympic license plates under certain conditions, and for issuance of Olympic plates as environmental license plates with a special series of letters or numbers. Existing law allows an existing holder of Olympic license plates to renew them or transfer them to another vehicle.

end insert
begin insert

This bill would provide that substitute or duplicate Olympic license plates shall not be available beginning on January 1, 2014. The bill would provide for the department to issue regular series plates whenever holders of Olympic plates request substitute or duplicate plates, and, in that regard, would also authorize holders of Olympic plates issued as environmental license plates to apply for other special license plates to be issued with the same combination of letters or numbers as appear on their Olympic plates. The bill would make other conforming changes.

end insert
begin insert

(7) Existing law provides for certain revenues derived from Olympic license plates to be deposited in the California Olympic Training Account in the General Fund. Existing law requires the Controller to annually transfer the moneys in that account to the General Fund.

end insert
begin insert

This bill would instead provide for deposit of those revenues directly into the General Fund.

end insert
begin delete

(2)

end delete

begin insert(8)end insert Existing law prohibits a person from employing, hiring, knowingly permitting, or authorizing any person to drive a motor vehicle owned by him or her or under his or her control upon the highways unless that person is licensed for the appropriate class of vehicle to be driven. Existing law requires that whenever a person fails to qualify, on reexamination, to operate a commercial motor vehicle, an employer shall report that failure to the Department of Motor Vehicles within 10 days. Existing law requires that, until January 30, 2014, if a driver has no medical certification status information in the Commercial Driver License Information System motor vehicle record obtained from the driver’s state licensing agency, the employing motor carrier may accept as proof of medical certification a medical examiner’s certificate issued to that driver prior to January 30, 2012. Existing law, operative January 1, 2014, requires an employer to obtain from a driver required to have a commercial driver’s license or commercial endorsement a copy of the driver’s medical certification before allowing the driver to operate a commercial motor vehicle. Existing law requires the employer to retain the certification as part of a driver qualification file.

This bill would change the provision with an operative date of January 1, 2014, tobegin insert instead become operative onend insert January 30, 2014.

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

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

P4    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 21080 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
2amended to read:end insert

3

21080.  

(a) Except as otherwise provided in this division, this
4division shall apply to discretionary projects proposed to be carried
5out or approved by public agencies, including, but not limited to,
6the enactment and amendment of zoning ordinances, the issuance
7of zoning variances, the issuance of conditional use permits, and
8the approval of tentative subdivision maps unless the project is
9exempt from this division.

10(b) This division does not apply to any of the following
11activities:

12(1) Ministerial projects proposed to be carried out or approved
13by public agencies.

14(2) Emergency repairs to public service facilities necessary to
15maintain service.

16(3) Projects undertaken, carried out, or approved by a public
17agency to maintain, repair, restore, demolish, or replace property
18or facilities damaged or destroyed as a result of a disaster in a
19disaster-stricken area in which a state of emergency has been
20proclaimed by the Governor pursuant to Chapter 7 (commencing
21with Section 8550) of Division 1 of Title 2 of the Government
22Code.

23(4) Specific actions necessary to prevent or mitigate an
24emergency.

P5    1(5) Projects which a public agency rejects or disapproves.

2(6) Actions undertaken by a public agency relating to any
3thermal powerplant site or facility, including the expenditure,
4obligation, or encumbrance of funds by a public agency for
5planning, engineering, or design purposes, or for the conditional
6sale or purchase of equipment, fuel, water (except groundwater),
7steam, or power for a thermal powerplant, if the powerplant site
8and related facility will be the subject of an environmental impact
9report, negative declaration, or other document, prepared pursuant
10to a regulatory program certified pursuant to Section 21080.5,
11which will be prepared by the State Energy Resources Conservation
12and Development Commission, by the Public Utilities Commission,
13or by the city or county in which the powerplant and related facility
14would be located if the environmental impact report, negative
15declaration, or document includes the environmental impact, if
16any, of the action described in this paragraph.

17(7) Activities or approvals necessary to the bidding for, hosting
18or staging of, and funding or carrying out of, an Olympic games
19under the authority of the International Olympic Committee, except
20for the construction of facilities necessary for the Olympic games.

21(8) The establishment, modification, structuring, restructuring,
22or approval of rates, tolls, fares, or other charges by public agencies
23which the public agency finds are for the purpose of (A) meeting
24operating expenses, including employee wage rates and fringe
25benefits, (B) purchasing or leasing supplies, equipment, or
26materials, (C) meeting financial reserve needs and requirements,
27(D) obtaining funds for capital projects necessary to maintain
28service within existing service areas, or (E) obtaining funds
29necessary to maintain those intracity transfers as are authorized
30by city charter. The public agency shall incorporate written findings
31in the record of any proceeding in which an exemption under this
32paragraph is claimed setting forth with specificity the basis for the
33claim of exemption.

34(9) All classes of projects designated pursuant to Section 21084.

35(10) A project for the institution or increase of passenger or
36commuter services on rail or highway rights-of-way already in
37use, including modernization of existing stations and parking
38facilities.begin insert For purposes of this paragraph, “highway” shall have
39the same meaning as defined in Section 360 of the Vehicle Code.end insert

P6    1(11) A project for the institution or increase of passenger or
2commuter service on high-occupancy vehicle lanes already in use,
3including the modernization of existing stations and parking
4facilities.

5(12) Facility extensions not to exceed four miles in length which
6are required for the transfer of passengers from or to exclusive
7public mass transit guideway or busway public transit services.

8(13) A project for the development of a regional transportation
9improvement program, the state transportation improvement
10program, or a congestion management program prepared pursuant
11to Section 65089 of the Government Code.

12(14) Any project or portion thereof located in another state
13which will be subject to environmental impact review pursuant to
14the National Environmental Policy Act of 1969 (42 U.S.C. Sec.
154321 et seq.) or similar state laws of that state. Any emissions or
16discharges that would have a significant effect on the environment
17in this state are subject to this division.

18(15) Projects undertaken by a local agency to implement a rule
19or regulation imposed by a state agency, board, or commission
20under a certified regulatory program pursuant to Section 21080.5.
21Any site-specific effect of the project which was not analyzed as
22a significant effect on the environment in the plan or other written
23documentation required by Section 21080.5 is subject to this
24division.

25(c) If a lead agency determines that a proposed project, not
26otherwise exempt from this division, would not have a significant
27effect on the environment, the lead agency shall adopt a negative
28declaration to that effect. The negative declaration shall be prepared
29for the proposed project in either of the following circumstances:

30(1) There is no substantial evidence, in light of the whole record
31before the lead agency, that the project may have a significant
32effect on the environment.

33(2) An initial study identifies potentially significant effects on
34the environment, but (A) revisions in the project plans or proposals
35made by, or agreed to by, the applicant before the proposed
36negative declaration and initial study are released for public review
37would avoid the effects or mitigate the effects to a point where
38clearly no significant effect on the environment would occur, and
39(B) there is no substantial evidence, in light of the whole record
P7    1before the lead agency, that the project, as revised, may have a
2significant effect on the environment.

3(d) If there is substantial evidence, in light of the whole record
4before the lead agency, that the project may have a significant
5effect on the environment, an environmental impact report shall
6be prepared.

7(e) (1) For the purposes of this section and this division,
8substantial evidence includes fact, a reasonable assumption
9predicated upon fact, or expert opinion supported by fact.

10(2) Substantial evidence is not argument, speculation,
11unsubstantiated opinion or narrative, evidence that is clearly
12inaccurate or erroneous, or evidence of social or economic impacts
13that do not contribute to, or are not caused by, physical impacts
14on the environment.

15(f) As a result of the public review process for a mitigated
16negative declaration, including administrative decisions and public
17hearings, the lead agency may conclude that certain mitigation
18measures identified pursuant to paragraph (2) of subdivision (c)
19are infeasible or otherwise undesirable. In those circumstances,
20the lead agency, prior to approving the project, may delete those
21mitigation measures and substitute for them other mitigation
22measures that the lead agency finds, after holding a public hearing
23on the matter, are equivalent or more effective in mitigating
24significant effects on the environment to a less than significant
25level and that do not cause any potentially significant effect on the
26 environment. If those new mitigation measures are made conditions
27of project approval or are otherwise made part of the project
28approval, the deletion of the former measures and the substitution
29of the new mitigation measures shall not constitute an action or
30circumstance requiring recirculation of the mitigated negative
31declaration.

32(g) Nothing in this section shall preclude a project applicant or
33any other person from challenging, in an administrative or judicial
34proceeding, the legality of a condition of project approval imposed
35by the lead agency. If, however, any condition of project approval
36set aside by either an administrative body or court was necessary
37to avoid or lessen the likelihood of the occurrence of a significant
38effect on the environment, the lead agency’s approval of the
39negative declaration and project shall be invalid and a new
40environmental review process shall be conducted before the project
P8    1can be reapproved, unless the lead agency substitutes a new
2condition that the lead agency finds, after holding a public hearing
3on the matter, is equivalent to, or more effective in, lessening or
4avoiding significant effects on the environment and that does not
5cause any potentially significant effect on the environment.

6

begin deleteSECTION 1.end delete
7begin insertSEC. 2.end insert  

Section 6480.1 of the Revenue and Taxation Code is
8amended to read:

9

6480.1.  

(a) At any time that motor vehicle fuel tax or diesel
10fuel tax is imposed or would be imposed, but for the dyed diesel
11fuel exemption in paragraph (1) of subdivision (a) of Section
1260100, or the train operator exemption in paragraph (7) of
13subdivision (a) of Section 60100 or paragraph (11) of subdivision
14(a) of Section 7401, or, pursuant to subdivision (f) of Section 6480,
15would be deemed to be imposed, on any removal, entry, or sale in
16this state of motor vehicle fuel, aircraft jet fuel, or diesel fuel, the
17supplier shall collect prepayment of retail sales tax from the person
18to whom the motor vehicle fuel, aircraft jet fuel, or diesel fuel is
19sold. However, if no sale occurs at the time of imposition of motor
20vehicle fuel tax or diesel fuel tax, the supplier shall prepay the
21retail sales tax on that motor vehicle fuel, aircraft jet fuel, or diesel
22fuel. The prepayment required to be collected by the supplier
23constitutes a debt owed by the supplier to this state until paid to
24the board, until satisfactory proof has been submitted to prove that
25the retailer of the fuel has paid the retail sales tax to the board, or
26until a supplier or wholesaler who has consumed the fuel has paid
27the use tax to the board. Each supplier shall report and pay the
28prepayment amounts to the board, in a form as prescribed by the
29board, in the period in which the fuel is sold. On each subsequent
30sale of that fuel, each seller, other than the retailer, shall collect
31from his or her purchaser a prepayment computed using the rate
32applicable at the time of sale. Each supplier shall provide his or
33her purchaser with an invoice for, or other evidence of, the
34collection of the prepayment amounts which shall be separately
35stated thereon.

36(b) (1) A wholesaler shall collect prepayment of the retail sales
37tax from the person to whom the motor vehicle fuel, aircraft jet
38fuel, or diesel fuel is sold. Each wholesaler shall provide his or
39her purchaser with an invoice for or other evidence of the collection
P9    1of the prepayment amounts, which shall be separately stated
2thereon.

3(2) Each wholesaler shall report to the board, in a form as
4prescribed by the board and for the period in which the motor
5vehicle fuel, aircraft jet fuel, or diesel fuel was sold, all of the
6following:

7(A) The number of gallons of fuel sold and the amount of sales
8tax prepayments collected by the wholesaler.

9(B) The number of tax-paid gallons purchased and the amount
10of sales tax prepayments made by the wholesaler.

11(C) In the event that the amount of sales tax prepayments
12collected by the wholesaler is greater than the amount of sales tax
13prepayments made by the wholesaler, then the excess constitutes
14a debt owed by the wholesaler to the state until paid to the board,
15or until satisfactory proof has been submitted that the retailer of
16the fuel has paid the tax to the board.

17(c) A supplier or wholesaler who pays the prepayment and issues
18a resale certificate to the seller, but subsequently consumes the
19motor vehicle fuel, aircraft jet fuel, or diesel fuel, shall be entitled
20to a credit against his or her sales and use taxes due and payable
21for the period in which the prepayment was made, provided that
22he or she reports and pays the use tax to the board on the
23consumption of that fuel.

24(d) The amount of a prepayment paid by the retailer or a supplier
25or wholesaler who has consumed the motor vehicle fuel, aircraft
26jet fuel, or diesel fuel to the seller from whom he or she acquired
27the fuel shall constitute a credit against his or her sales and use
28taxes due and payable for the period in which the sale was made.
29Failure of the supplier or wholesaler to report prepayments or the
30supplier’s or wholesaler’s failure to comply with any other duty
31under this article shall not constitute grounds for denial of the
32credit to the retailer, supplier, or wholesaler, either on a temporary
33or permanent basis or otherwise. To be entitled to the credit, the
34retailer, supplier, or wholesaler shall retain for inspection by the
35board any receipts, invoices, or other documents showing the
36amount of sales tax prepaid to his or her supplier, together with
37the evidence of payment.

38(e) The rate of the prepayment required to be collected during
39the period from July 1, 1986, through March 31, 1987, shall be
P10   1four cents ($0.04) per gallon of motor vehicle fuel distributed or
2transferred.

3(f) The rate of prepayment required to be collected for motor
4vehicle fuel, aircraft jet fuel, and diesel fuel as established by the
5board in effect on January 1, 2013, shall remain in effect through
6June 30, 2013.

7(g) On July 1 of each succeeding year, the prepayment rate per
8gallon for motor vehicle fuel, rounded to the nearest one-half of
9one cent ($0.005), of the required prepayment shall be established
10by the board based upon 80 percent of the combined state and local
11sales tax rate established by Sections 6051, 6051.2, 6051.3, 6051.5,
127202, and 7203.1, and Section 35 of Article XIII of the California
13Constitution on the arithmetic average selling price (excluding
14sales tax) as reported by an industry publication of all grades of
15gasoline sold through a self-service gasoline station. The board
16shall make its determination of the rate no later than March 1 of
17the same year as the effective date of the new rate. Immediately
18upon making its determination and setting of the rate, the board
19shall each year, no later than May 1, notify every supplier,
20wholesaler, and retailer of motor vehicle fuel. In the event the price
21of fuel decreases or increases or an exemption from sales tax for
22sales of fuel is enacted, and the established rate results in or could
23result in prepayments which consistently exceed or are significantly
24lower than the retailers’ sales tax liability, the board may readjust
25the rate.

26(h) On July 1 of each succeeding year, the prepayment rate per
27gallon for aircraft jet fuel, rounded to the nearest one-half of one
28cent ($0.005), shall be established by the board based upon 80
29percent of the combined state and local sales tax rate established
30by Sections 6051, 6051.2, 6051.3, 6051.5, 7202, and 7203.1, and
31Section 35 of Article XIII of the California Constitution on the
32arithmetic average selling price (excluding sales and state excise
33taxes) as determined by the board. The board shall make its
34determination of the rate no later than March 1 of the same year
35 as the effective date of the new rate. The rate of the prepayment
36required to be collected for aircraft jet fuel shall be equal to 80
37percent of the arithmetic average selling price of aircraft jet fuel
38as specified by industry publications. Immediately upon making
39its determination and setting of the rate, the board shall each year,
40no later than May 1, notify every supplier, wholesaler, and retailer
P11   1of aircraft jet fuel. In the event the price of aircraft jet fuel
2decreases or increases, and the established rate results in
3prepayments that consistently exceed or are significantly lower
4than the retailers’ sales tax liability, the board may readjust the
5rate.

6(i) On July 1 of each succeeding year, the prepayment rate per
7gallon for diesel fuel, rounded to the nearest one-half of one cent
8($0.005), shall be established by the board based upon 80 percent
9of the combined state and local sales tax rate established by
10Sections 6051, 6051.2, 6051.3, 6051.5, 6051.8, 7202, and 7203.1,
11and Section 35 of Article XIII of the California Constitution on
12the arithmetic average selling price (excluding sales and state
13excise taxes) as determined by the board. The board shall make
14its determination of the rate no later than March 1 of the same year
15as the effective date of the new rate. The rate of the prepayment
16required to be collected for diesel fuel shall be equal to 80 percent
17of the arithmetic average selling price of diesel fuel as specified
18by industry publications. Immediately upon making its
19determination and setting of the rate, the board shall each year, no
20later than May 1, notify every supplier, wholesaler, and retailer of
21diesel fuel. In the event the rate of sales tax imposed on sales of
22diesel fuel increases or decreases or the price of diesel fuel
23decreases or increases, and the established rate results in or could
24result in prepayments that consistently exceed or are significantly
25lower than the retailers’ sales tax liability, the board may readjust
26the rate.

27(j) (1) Notwithstanding any other provision of this section,
28motor vehicle fuel sold by a supplier or wholesaler to a qualified
29purchaser who, pursuant to a contract with the State of California
30or its instrumentalities, resells that fuel to the State of California
31or its instrumentalities shall be exempt from the prepayment
32requirements.

33(2) A qualified purchaser who acquires motor vehicle fuel for
34subsequent resale to the State of California or its instrumentalities
35pursuant to this subdivision shall furnish to the supplier or
36wholesaler from whom the fuel is acquired an exemption
37certificate, completed in accordance with any instructions or
38regulations as the board may prescribe. The supplier or wholesaler
39shall retain the certificate in his or her records in support of the
P12   1exemption. To qualify for the prepayment exemption, both of the
2following conditions shall apply:

3(A) The qualified purchaser does not take possession of the fuel
4at any time.

5(B) The fuel is delivered into storage tanks owned or leased by
6the State of California or its instrumentalities via facilities of the
7supplier or wholesaler, or by common or contract carriers under
8contract with the supplier or wholesaler.

9(3) For purposes of this subdivision, “qualified purchaser” means
10a wholesaler who does not have or maintain a storage facility or
11facilities for the purpose of selling motor vehicle fuel.

12begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 73.2 is added to the end insertbegin insertStreets and Highways
13Code
end insert
begin insert, to read:end insert

begin insert
14

begin insert73.2.end insert  

(a) Upon a determination by the commission that it is
15in the best interest of the state to do so, the commission may, upon
16terms and conditions approved by it, relinquish to the City of
17Hollister the portion of Route 25 that is located between
18Sunnyslope Road and San Felipe Road within the city limits of
19that city prior to the relocation of that portion of Route 25 through
20adoption of the proposed new easterly bypass alignment of Route
2125, if the city agrees to accept the relinquishment.

22(b) The terms and conditions imposed pursuant to subdivision
23(a) shall include a requirement for the City of Hollister to maintain
24within its jurisdiction signs directing motorists to the continuation
25of Route 25 until such time as the new easterly bypass alignment
26is adopted and opens to traffic.

27(c) A relinquishment under this section shall become effective
28immediately following the recording by the county recorder of the
29relinquishment resolution containing the commission’s approval
30of the terms and conditions of the relinquishment.

31(d) On and after the effective date of the relinquishment, both
32of the following shall apply:

33(1) The relinquished portion of Route 25 shall cease to be a
34state highway.

35(2) The relinquished portion of Route 25 may not be considered
36for future adoption under Section 81.

37(e) The relinquishment shall be done at no cost to the state
38except upon a finding of need by the commission.

39(f) Upon a determination by the commission that it is in the best
40interest of the state to do so, the commission shall, upon terms and
P13   1conditions approved by it, adopt into the state highway system the
2proposed easterly bypass alignment for Route 25 that is located
3between Sunnyside Road and San Felipe Road in the City of
4Hollister. The adoption may occur at any time after the effective
5date of the relinquishment pursuant to subdivision (c).

end insert
6begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 368 of the end insertbegin insertStreets and Highways Codeend insertbegin insert is
7amended to read:end insert

8

368.  

begin insert(a)end insertbegin insertend insertRoute 68 is from:

begin delete

9(a)

end delete

10begin insert(1)end insert Asilomar State Beach to Route 1.

begin delete

11(b)

end delete

12begin insert(2)end insert Monterey to Route 101 in Salinas.

begin insert

13(b) (1) Upon a determination by the commission that it is in
14the best interests of the state to do so, the commission may, upon
15terms and conditions approved by it, relinquish to the City of
16Pacific Grove or the County of Monterey the portion of Route 68
17described in paragraph (1) of subdivision (a) located within the
18jurisdiction of the city or the unincorporated area of the county,
19respectively, if the city or county agrees to accept it.

end insert
begin insert

20(2) A relinquishment under this subdivision shall become
21effective immediately following the county recorder’s recordation
22of the relinquishment resolution concerning the commission’s
23approval of the terms and conditions of the relinquishment.

end insert
begin insert

24(3) On and after the effective date of the relinquishment, both
25of the following shall occur:

end insert
begin insert

26(A) The portion of Route 68 relinquished under this subdivision
27shall cease to be a state highway.

end insert
begin insert

28(B) The portion of Route 68 relinquished under this subdivision
29shall be ineligible for future adoption under Section 81.

end insert
begin insert

30(4) The city or county shall ensure the continuity of traffic flow
31on the relinquished former portion of Route 68 within its
32jurisdiction, including, but not limited to, any traffic signal
33progression.

end insert
begin insert

34(5) The city or county shall maintain signs on the relinquished
35former portion of Route 68 within its jurisdiction directing
36motorists to the continuation of Route 68.

end insert
begin insert

37(6) The relinquishment shall be done at no cost to the state
38except upon a finding of need by the commission.

end insert
39begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 374 of the end insertbegin insertStreets and Highways Codeend insertbegin insert is
40amended to read:end insert

P14   1

374.  

(a) Route 74 is from:

2(1) Route 5 near San Juan Capistrano to Route 15 near Lake
3Elsinore.

4(2) Route 15 near Lake Elsinore to Route 215 near Perris.

5(3) Route 215 near Perris to the southern city limit of Palm
6Desert.

7(4) Highway 111 in Palm Desert to Route 10 near Thousand
8Palms.

9(b) The relinquished former portions of Route 74 within the
10Cities of Palm Desert and Perris are not state highways and are
11not eligible for adoption under Section 81. For thebegin delete relinquishedend delete
12 former portions of Route 74begin insert relinquished under this subdivisionend insert,
13the Cities of Palm Desert and Perris shall maintain within their
14respective jurisdictions signs directing motorists to the continuation
15of Route 74 and shall ensure the continuity of traffic flow on the
16relinquished portions of Route 74, including any traffic signal
17progression.

18(c) (1) The commission may relinquish to the City of Lake
19Elsinore the portion of Route 74 located within the city limits of
20that city, upon terms and conditions the commission finds to be
21in the best interests of the state.

22(2) Any relinquishment agreement shall require that the City of
23Lake Elsinore administer the operation and maintenance of the
24highway in a manner consistent with professional traffic
25engineering standards.

26(3) Any relinquishment agreement shall require the City of Lake
27Elsinore to ensure that appropriate traffic studies or analyses will
28be performed to substantiate any decisions affecting the highway.

29(4) Any relinquishment agreement shall also require the City
30of Lake Elsinore to provide for public notice and the consideration
31of public input on the proximate effects of any proposed decision
32on traffic flow, residences, or businesses, other than a decision on
33routine maintenance.

34(5) Notwithstanding any of its other terms, any relinquishment
35agreement shall require the City of Lake Elsinore to indemnify
36and hold the department harmless from any liability for any claims
37made or damages suffered by any person, including a public entity,
38as a result of any decision made or action taken by the City of Lake
39Elsinore, its officers, employees, contractors, or agents, with
P15   1respect to the design, maintenance, construction, or operation of
2that portion of Route 74 that is to be relinquished to the city.

3(6) A relinquishment under this subdivision shall become
4effective immediately after the county recorder records the
5relinquishment resolution that contains the commission’s approval
6of the terms and conditions of the relinquishment.

7(7) On and after the effective date of the relinquishment, both
8of the following shall occur:

9(A) The portion of Route 74 relinquishedbegin insert under this subdivisionend insert
10 shall cease to be a state highway.

11(B) The portion of Route 74 relinquishedbegin insert under this subdivisionend insert
12 may not be considered for future adoption under Section 81.

13(8) The City of Lake Elsinore shall ensure the continuity of
14traffic flow on thebegin delete relinquishedend delete portion of Route 74begin insert relinquished
15under this subdivisionend insert
, including any traffic signal progression.

16(9) Forbegin delete relinquishedend delete portions of Route 74begin insert relinquished under
17this subdivisionend insert
, the City of Lake Elsinore shall maintain signs
18directing motorists to the continuation of Route 74.

begin insert

19(d) (1) Notwithstanding subdivision (a), the commission may
20relinquish to the City of Hemet the portion of State Highway Route
2174 that is located within the city limits or the sphere of influence
22of the City of Hemet, upon terms and conditions the commission
23finds to be in the best interests of the state.

end insert
begin insert

24(2) A relinquishment under this subdivision shall become
25effective immediately following the recordation by the county
26recorder of the relinquishment resolution containing the
27commission’s approval of the terms and conditions of the
28relinquishment.

end insert
begin insert

29(3) On and after the effective date of the relinquishment, both
30of the following shall occur:

end insert
begin insert

31(A) The portion of State Highway Route 74 relinquished under
32this subdivision shall cease to be a state highway.

end insert
begin insert

33(B) The portion of State Highway Route 74 relinquished under
34this subdivision may not be considered for future adoption under
35Section 81.

end insert
begin insert

36(4) The City of Hemet shall ensure the continuity of traffic flow
37on the portion of State Highway Route 74 relinquished under this
38subdivision, including any traffic signal progression.

end insert
begin insert

P16   1(5) For portions of State Highway Route 74 relinquished under
2this subdivision, the City of Hemet shall maintain signs directing
3motorists to the continuation of State Highway Route 74.

end insert
begin insert

4(6) The relinquishment shall be done at no cost to the state
5except upon a finding of need by the commission.

end insert
6begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 386 of the end insertbegin insertStreets and Highways Codeend insertbegin insert is
7amended to read:end insert

8

386.  

begin insert(a)end insertbegin insertend insert Route 86 is from:

begin delete

9(a)

end delete

10begin insert(1)end insert Route 111 to Route 8 near El Centro.

begin delete

11(b)

end delete

12begin insert(2)end insert Route 8 near El Centro to Route 10 in Indio via the vicinity
13of Brawley.

begin insert

14(b) Upon a determination by the commission that it is in the
15best interests of the state to do so, the commission may, upon terms
16and conditions approved by it, relinquish the following portions
17of Route 86, if the department and the applicable local agency
18enter into an agreement providing for that relinquishment, as
19follows:

end insert
begin insert

20(1) To the County of Imperial, the portion of Route 86 from the
21beginning of the route at the junction of Route 111 to Duff Road.

end insert
begin insert

22(2) To the City of El Centro, the portion of Route 86 from Duff
23Road to Treshill Road.

end insert
begin insert

24(3) To the City of Imperial, the portion of Route 86 from Treshill
25Road to Ralph Road.

end insert
begin insert

26(4) To the County of Imperial, the portion of Route 86 from
27Ralph Road to 0.3 mile south of Legion Road.

end insert
begin insert

28(5) To the City of Brawley, the portion of Route 86 from 0.3
29miles south of Legion Road to 0.5 mile south of Fredericks Road.

end insert
begin insert

30(c) The following conditions shall apply upon relinquishment:

end insert
begin insert

31(1) The relinquishment shall become effective on the date
32following the county recorder’s recordation of the relinquishment
33resolution containing the commission’s approval of the terms and
34conditions of the relinquishment.

end insert
begin insert

35(2) On and after the effective date of the relinquishment, the
36relinquished portions of Route 86 shall cease to be a state highway.

end insert
begin insert

37(3) The portions of Route 86 relinquished under this subdivision
38shall be ineligible for future adoption under Section 81.

end insert
begin insert

39(4) The Cities of Brawley, El Centro, and Imperial and the
40County of Imperial shall ensure the continuity of traffic flow on
P17   1the relinquished portions of Route 86, including any traffic signal
2progression.

end insert
begin insert

3(5) For the portions of Route 86 that are relinquished under
4this subdivision, the Cities of Brawley, El Centro, and Imperial,
5and the County of Imperial shall install and maintain, within their
6respective jurisdictions, the city or county signs directing motorists
7to the continuation of Route 86 to the extent deemed necessary by
8the department.

end insert
begin insert

9(d) Following the relinquishments authorized in subdivision
10(b), the portion of Route 86 from 0.5 mile south of Fredricks Road
11to the north junction of Route 78 shall be redesignated as a part
12of Route 78.

end insert
begin insert

13(e) The relinquishments authorized in subdivision (b) shall be
14done at no cost to the state except upon a finding of need by the
15commission.

end insert
16begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 890.4 of the end insertbegin insertStreets and Highways Codeend insertbegin insert is
17amended to read:end insert

18

890.4.  

As used in this article, “bikeway” means all facilities
19that provide primarily for bicycle travel. For purposes of this
20article, bikeways shall be categorized as follows:

21(a) Class I bikeways,begin delete suchend deletebegin insert also knownend insert asbegin delete aend delete “bikebegin delete path,”end deletebegin insert paths”
22or “shared-use paths,”end insert
which provide a completely separated
23right-of-way designated for the exclusive use of bicycles and
24pedestrians with crossflows by motorists minimized.

25(b) Class II bikeways,begin delete suchend deletebegin insert also knownend insert asbegin delete aend delete “bikebegin delete lane,”end deletebegin insert lanes,end insertbegin insertend insert
26 which provide a restricted right-of-way designated for the exclusive
27or semiexclusive use of bicycles with through travel by motor
28vehicles or pedestrians prohibited, but with vehicle parking and
29crossflows by pedestrians and motorists permitted.

30(c) Class III bikeways,begin delete suchend deletebegin insert also knownend insert asbegin delete anend delete onstreet or
31offstreet “bikebegin delete route,”end deletebegin insert routes,end insertbegin insertend insert which provide a right-of-way
32designated by signs or permanent markings and shared with
33pedestriansbegin delete orend deletebegin insert andend insert motorists.

34begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 378 of the end insertbegin insertVehicle Codeend insertbegin insert is repealed.end insert

begin delete
35

378.  

A “logging dolly” is a vehicle designed for carrying logs,
36having one or more axles which axles, if there be more than one,
37are not more than 54 inches apart, and used in connection with a
38motor truck solely for the purpose of transporting logs and securely
39connected with the towing vehicle both by a reach and by the load.

end delete
40begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 379 of the end insertbegin insertVehicle Codeend insertbegin insert is repealed.end insert

begin delete
P18   1

379.  

A “logging vehicle” is a vehicle used exclusively in the
2conduct of logging operations and not designed for the
3transportation of persons or property on a highway.

end delete
4begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 385.2 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert

begin insert
5

begin insert385.2.end insert  

A “logging dolly” is a vehicle designed for carrying
6logs, having one or more axles that, if there are more than one,
7are not more than 54 inches apart, and used in connection with a
8motor truck solely for the purpose of transporting logs and securely
9connected with the towing vehicle both by a reach and by the load.

end insert
10begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 385.3 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert

begin insert
11

begin insert385.3.end insert  

A “logging vehicle” is a vehicle used exclusively in the
12conduct of logging operations and not designed for the
13transportation of persons or property on a highway.

end insert
14begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 5022 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to read:end insert

15

5022.  

(a) Until December 31, 1984,begin delete anyend deletebegin insert aend insert person described
16in Section 5101 may also apply for a set of commemorative 1984
17Olympic reflectorized license plates and the department shall issue
18those special license plates in lieu of the regular license plates. No
19commemorative 1984 Olympic reflectorized license plates shall
20be issued pursuant to an application therefor which is submitted
21on or after January 1, 1985, but the holder of those plates may
22thereafter renew or retain them,begin delete obtain duplicate replacements for
23them,end delete
or transfer them to another vehicle, subject to this section.

24(b) The commemorative 1984 Olympic reflectorized license
25plates shall be of a distinctive design and shall be available in a
26special series of letters or numbers, or both, as determined by the
27department after consultation with the Los Angeles Olympic
28Organizing Committee.

29(c) In addition to the regular fees for an original registration or
30renewal of registration,begin delete the followingend deletebegin insert aend insert specialbegin delete feesend deletebegin insert fee of twelve
31dollars ($12)end insert
shall bebegin delete paid:end deletebegin insert paid for the transfer of the special
32plates to another vehicle.end insert

begin delete

33(1) One hundred dollars ($100) for the initial issuance of the
34special plates.

end delete
begin delete

35(2) Twelve dollars ($12) for the transfer of the special plates to
36another vehicle.

end delete
begin delete

37(3) Thirty dollars ($30) for duplicate, replacement
38commemorative 1984 Olympic reflectorized license plates of the
39same number in the series.

end delete

P19   1(d) When payment of renewal fees is not required as specified
2in Section 4000, or when the person determines to retain the plates
3upon sale, trade, or other release of the vehicle upon which the
4special plates have been displayed, the person shall notify the
5department and the person may retain the special plates.

6(e) Until December 31, 1989, duplicate, replacement plates shall
7be identical commemorative 1984 Olympic reflectorized license
8plates of the same letter, number, and design as originally issued.
9However, duplicate, replacement plates of the commemorative
101984 Olympic reflectorized license plate series shall not be
11available on or after January 1, 1990. Thereafter, unless otherwise
12provided bybegin delete lawend deletebegin insert this codeend insert, regular series plates shall be issued for
13thebegin delete regularend delete fee provided in Section 9265 wheneverbegin delete duplicatesend delete
14begin insert substitute or duplicate platesend insert arebegin delete permitted under this codeend delete
15begin insert requestedend insert.

16(f) All revenue derived from the additional special fees provided
17in this section shall be deposited in the California Environmental
18License Plate Fund pursuant to Section 21191 of the Public
19Resources Code.

20begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 5023 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to read:end insert

21

5023.  

(a) begin deleteA end deletebegin insert(1)end insertbegin insertend insertbegin insertUntil December 31, 2013, a end insertperson described
22in Section 5101 may also apply for a set of commemorative
23Olympic reflectorized license plates and the department shall issue
24those special license plates in lieu of regular license plates. The
25commemorative Olympic reflectorized license plates shall be of
26a distinctive design and shall be available in a special series of
27letters or numbers, or both, as determined by the department after
28consultation with the United States Olympic Committee. The
29department may issue the commemorative Olympic reflectorized
30license plates as environmental license plates, as defined in Section
315103, in a combination of numbers or letters, or both, as requested
32by the owner or lessee of the vehicle.

begin insert

33(2) On or after January 1, 2014, original, substitute, or duplicate
34Olympic license plates, including those issued as environmental
35license plates, shall not be available. However, the holder of
36Olympic license plates may thereafter renew or retain those plates,
37or transfer them to another vehicle, subject to this section. Unless
38otherwise provided by this code, regular series plates shall be
39issued for the fee provided in Section 9265 whenever substitute or
40duplicate plates are requested.

end insert
begin insert

P20   1(3) On or after January 1, 2014, the holder of Olympic license
2plates issued as environmental license plates, as defined in Section
35103, may apply for other special license plates using the exact
4combination of numbers or letters, or both, if authorized by this
5code, whenever the holder requests substitute or duplicate plates.

end insert

6(b) In addition to the regular fees for an original registration or
7renewal of registration, the following special fees shall be paid:

begin delete

8(1) Fifty dollars ($50), inclusive of any administrative fees, for
9the initial issuance of the special plates.

end delete
begin delete

10(2)

end delete

11begin insert(1)end insert Fifteen dollars ($15) for the transfer of the special plates to
12another vehicle.

begin delete

13(3) Thirty-five dollars ($35) for duplicate, replacement
14commemorative Olympic reflectorized license plates of the same
15number in the series.

end delete
begin delete

16(4)

end delete

17begin insert(2)end insert Thirty dollars ($30) for the annual renewal of the special
18plates.

19(c) When payment of renewal fees is not required as specified
20in Section 4000, or when the person determines to retain the plates
21upon sale, trade, or other release of the vehicle upon which the
22special plates have been displayed, the person shall notify the
23department and the person may retain the special plates.

24(d) All revenue derived from the additional special fees provided
25in this section, less costs incurred by the department pursuant to
26this section, shall be deposited in thebegin delete California Olympic Training
27Account in theend delete
General Fundbegin delete established pursuant to Section 7592
28of the Government Codeend delete
.

29begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 5101.7 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
30read:end insert

31

5101.7.  

(a) Until December 31, 1984, any person described
32in Section 5101 may also apply for a set of commemorative 1984
33Olympic reflectorized license plates and the department shall issue
34those special license plates in lieu of the regular license plates. No
35commemorative 1984 Olympic reflectorized license plates shall
36be issued pursuant to an application therefor which is submitted
37on or after January 1, 1985, but the holder of those plates may
38thereafter renew or retain them,begin delete obtain duplicate replacements for
39them,end delete
or transfer them to another vehicle, subject to this article.

P21   1(b) Except as provided in this section, the issue, renewal,
2 cancellation, retention, and transfer of the commemorative 1984
3Olympic reflectorized license plates shall be subject to the
4provisions of this article as if they were environmental license
5plates. Until December 31, 1989, duplicate, replacement plates
6shall be identical commemorative 1984 Olympic reflectorized
7license plates of the same letter, number, and design as originally
8issued. On and after January 1, 1990, duplicate or replacement
9plates shall be provided pursuant to this article.

begin delete

10(c) Notwithstanding subdivision (a) of Section 5106, in addition
11to the regular registration fee, the applicant shall be charged a fee
12of one hundred dollars ($100) for a set of commemorative 1984
13Olympic reflectorized license plates described in subdivision (d).

end delete
begin delete

14(d)

end delete

15begin insert(c)end insert Notwithstanding the color, design, and number of digit
16requirements of Section 5102, the department shall design the
17commemorative 1984 Olympic reflectorized license plates, which
18shall be reflectorized license plates issued pursuant to Section
194850. The commemorative 1984 Olympic reflectorized license
20plates shall be of a distinctive design, as determined by the
21department after consultation with the Los Angeles Olympic
22Organizingbegin delete Committee, and shall be available, upon request in the
23application, in an indicated combination of letters or numbers, or
24both, and as requested as a registration numberend delete
begin insert Committeeend insert.

25begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 5106 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to read:end insert

26

5106.  

(a) begin deleteExcept as provided in Section 5101.7, in end deletebegin insertIn end insertaddition
27to the regular registration fee or a permanent trailer identification
28fee, the applicant shall be charged a fee of forty-eight dollars ($48)
29for issuance of environmental license plates.

30(b) In addition to the regular renewal fee or a permanent trailer
31identification fee for the vehicle to which the plates are assigned,
32the applicant for a renewal of environmental license plates shall
33be charged an additional fee of thirty-eight dollars ($38). An
34applicant with a permanent trailer identification plate shall be
35charged an annual fee of thirty-eight dollars ($38) for renewal of
36environmental license plates. However, applicants for renewal of
37prisoner-of-war special license plates issued under Section 5101.5
38shall not be charged the additional renewal fee under this
39subdivision.

P22   1(c) When payment of renewal fees is not required as specified
2in Section 4000, the holder of any environmental license plate may
3retain the plate upon payment of an annual fee of thirty-eight
4dollars ($38). The fee shall be due at the expiration of the
5registration year of the vehicle to which the environmental license
6plate was last assigned. However, applicants for retention of
7prisoner-of-war special license plates issued under Section 5101.5
8shall not be charged the additional retention fee under this
9subdivision.

10(d) Notwithstanding Section 9265, the applicant for a duplicate
11environmental license platebegin delete or a duplicate, replacement
12commemorative 1984 Olympic reflectorized license plateend delete
shall be
13charged a fee of thirty-eight dollars ($38).

14

begin deleteSEC. 2.end delete
15begin insertSEC. 16.end insert  

Section 14606 of the Vehicle Code, as added by
16Section 7 of Chapter 670 of the Statutes of 2012, is amended to
17read:

18

14606.  

(a) A person shall not employ, hire, knowingly permit,
19or authorize any person to drive a motor vehicle owned by him or
20her or under his or her control upon the highways unless that person
21is licensed for the appropriate class of vehicle to be driven.

22(b) Whenever a person fails to qualify, on reexamination, to
23operate a commercial motor vehicle, an employer shall report that
24failure to the department within 10 days.

25(c) An employer shall obtain from a driver required to have a
26commercial driver’s license or commercial endorsement a copy
27of the driver’s medical certification before allowing the driver to
28operate a commercial motor vehicle. The employer shall retain the
29certification as part of a driver qualification file.

30(d) This section shall become operative on January 30, 2014.



O

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