BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                       CONSENT


          Bill No:  SB 788
          Author:   Senate Transportation and Housing Committee
          Amended:  4/18/13
          Vote:     21


           SENATE TRANSPORTATION & HOUSING COMMITTEE  :  11-0, 4/30/13  
           AYES:  DeSaulnier, Gaines, Beall, Cannella, Galgiani, Hueso,  
            Lara, Liu, Pavley, Roth, Wyland
           
          SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8  
           

           SUBJECT  :    Transportation omnibus bill

           SOURCE  :     Author


           DIGEST  :    This bill makes non-controversial changes to sections  
          of law relating to transportation.

           ANALYSIS  :    This bill includes the following provisions:  

          1.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]
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          2.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,  
            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]

          3.State Highway Route (SR) 25 relinquishment (Section 3).   
            Existing 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 SR 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]

          4.SR 68 relinquishment (Section 4).  Existing 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 SR 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]

          5.SR 74 relinquishment (Section 5).  Existing 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 SR 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  

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            contained in SB 337 (Emmerson).  [Submitted by the Senate  
            Transportation and Housing Committee]

          6.SR 86 relinquishment (Section 6).  Existing 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 SR 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 444 (Hueso).  [Submitted by the Senate  
            Transportation and Housing Committee]

          7.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]

          8.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]

          9.Deletes 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]

           10.Eliminates 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  

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             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]

           11.Driver's Licenses (Section 16).  AB 2188 (B. Lowenthal,  
             Chapter 670, Statutes of 2012), made conforming changes to  
             the state's driver's 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]

           Comments
           
          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.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  5/13/13)

          City of Hemet
          Council of San Benito County Governments
          Monterey County
          Riverside County Transportation Commission
          Sacramento Regional Transit


          JA:ej  5/14/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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