BILL ANALYSIS Ó SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: sb 788 SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: t. & H. com. VERSION: 4/18/13 Analysis by: Erin Riches FISCAL: yes Hearing date: April 30, 2013 SUBJECT: Transportation omnibus bill DESCRIPTION: This bill makes non-controversial changes to sections of law relating to transportation. ANALYSIS: According to the Legislative Analyst, the cost of producing a bill in 2001-02 was $17,890. By combining multiple matters into one bill, the Legislature can make minor changes to law in the most cost-effective manner. This bill includes the following provisions: CEQA clarification: increase in transit service (Section 1). The California Environmental Quality Act (CEQA) includes statutory and categorical exemptions from requirements to evaluate the environmental effects of a project. One exemption covers an increase in transit service on an existing highway right-of-way. Sacramento Regional Transit is concerned that as written, statute does not necessarily cover certain rights-of-way in its purview. This bill clarifies the exemption by conforming the CEQA definition of "highway" to the Vehicle Code. [Submitted by Assemblymember Dickinson] Gas tax swap cleanup (Section 2). ABX8 6 (Committee on Budget), Chapter 11, Statutes of 2009-10 Eighth Extraordinary Session, enacted what is now known as the "gas tax swap." The swap lowered certain taxes and increased others to provide funding for transportation, transit, and General Fund relief in a revenue-neutral fashion. In November 2010, voters approved Proposition 26, which amended the state constitution to require a two-thirds vote for such measures. Accordingly, SB 788 (T. & H. COM.) Page 2 AB 105 (Committee on Budget), Chapter 6, Statutes of 2011, re-enacted the gas tax swap with a two-thirds vote. Subsequently, AB 2679 (Committee on Transportation), Chapter 769, Statutes of 2012, aligned the adjustment dates of the gasoline and diesel fuel sales tax prepayment rates with the excise tax rate adjustments for both gasoline and diesel fuel enacted in AB 105. This bill corrects a drafting error by conforming section 6480.1(h) of the Revenue and Taxation Code to sections 6480.1(g) and 6480.1(i). [Submitted by the Board of Equalization] Route 25 relinquishment (Section 3). Current law relinquishes numerous portions of the state highway system to cities and counties. This bill allows the California Transportation Commission (CTC) to relinquish to the City of Hollister a portion of State Highway Route 25. This bill also specifies that this must be done at no cost to the state unless the CTC makes a finding of need. The relinquishment was previously contained in SB 314 (Cannella). [Submitted by the Senate Transportation and Housing Committee] Route 68 relinquishment (Section 4). Current law relinquishes numerous portions of the state highway system to cities and counties. This bill allows the CTC to relinquish to the City of Pacific Grove or the County of Monterey a portion of Route 68. This bill also specifies that this must be done at no cost to the state, unless the CTC makes a finding of need. [Submitted by Monterey County] Route 74 relinquishment (Section 5). Current law relinquishes numerous portions of the state highway system to cities and counties. This bill allows the CTC to relinquish to the City of Hemet a portion of State Highway Route 74. This bill also specifies that this must be done at no cost to the state unless the CTC makes a finding of need. The relinquishment was previously contained in SB 337 (Emmerson). [Submitted by the Senate Transportation and Housing Committee] Route 86 relinquishment (Section 6). Current law relinquishes numerous portions of the state highway system to cities and counties. This bill allows the CTC to relinquish to the Cities of Brawley, El Centro, and Imperial and the County of Imperial portions of State Highway Route 86. This bill also specifies that this must be done at no cost to the state unless the CTC makes a finding of need. The relinquishment was previously contained in SB 788 (T. & H. COM.) Page 3 SB 444 (Hueso). [Submitted by the Senate Transportation and Housing Committee] Bicycle Transportation Act (Section 7). State law relating to design criteria for bikeways is inconsistent with federal bikeway design criteria and needs clarification to ensure statewide consistency in bikeway design. This bill aligns the definition of Class I bikeways with federal criteria and cleans up language relating to Class I and Class III bikeways. [Submitted by the State Department of Transportation] Technical correction to Vehicle Code (Sections 8-11). Division I of the Vehicle Code provides various definitions. This bill moves two of these definitions, for "logging dolly" and "logging vehicle," into alphabetical order. [Submitted by the Senate Transportation and Housing Committee] Delete obsolete references relating to 1984 Olympic license plate (Sections 12, 14, and 15). AB 2139 (Goggin), Chapter 1289, Statutes of 1983 established the commemorative 1984 Olympic license plate. The Department of Motor Vehicles no longer issues this plate. This bill removes statutory language related to the 1984 Olympic license plate. [Submitted by the Department of Motor Vehicles] Eliminate issuance of Olympic Training Center license plate (Section 13). SB 1403 (Campbell), Chapter 1182, Statutes of 1989 established the Olympic Training Center license plate to help build and pay for the California Olympic Training Center (OTC) in San Diego. The original $15 million loan was issued in 1989, to be repaid in full within 20 years. SB 856 (Committee on Budget), Chapter 719, Statutes of 2010 included a provision forgiving the outstanding loan amount and requiring that the revenues be transferred instead to the General Fund. Thus, the original intent of the OTC plate as a fundraising device for the OTC no longer exists. This bill eliminates issuance of the OTC license plate effective January 1, 2014. [Submitted by the Department of Motor Vehicles] Driver's Licenses (Section 16). AB 2188 (B. Lowenthal), Chapter 670, Statutes of 2012 made conforming changes to the state's driver license program to ensure continued compliance with federal law in light of recent changes in federal regulations. This bill corrects the effective date to match the date specified in federal regulations. [Submitted by the Department of Motor Vehicles] SB 788 (T. & H. COM.) Page 4 COMMENTS: 1. Purpose of the bill . The Senate Transportation and Housing 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 the bill, and if concerns arise that cannot be resolved, the committee will delete the provision of concern from the bill. POSITIONS: (Communicated to the committee before noon on Wednesday, April 24, 2013.) SUPPORT: City of Hemet (Section 5) Council of San Benito County Governments (Section 3) Riverside County Transportation Commission (Section 5) Sacramento Regional Transit (Section 1) OPPOSED: None received.