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,  




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            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 




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            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]




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          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.