BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:   June 17, 2013

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                               Bonnie Lowenthal, Chair
              SB 788 (Senate Transportation and Housing Committee) - As  
                               Amended:  June 10, 2013

           SENATE VOTE  :  37-0
           
          SUBJECT  :  Transportation: omnibus

           SUMMARY  :  Makes various non-substantive changes to provisions  
          related to transportation.    Specifically,  this bill  :   

          1)Section 1:  Defines the term "highway" for the purposes of  
            establishing whether or not increased transit service  
            qualifies for an exemption pursuant to the California  
            Environmental Quality Act (CEQA). [Submitted by Assembly  
            Member Dickenson]

          2)Section 2:  Corrects a drafting error with regard to the  
            assessment and collection fuel sales tax prepayment rates set  
            forth in the gas tax swap.  [Submitted by the Board of  
            Equalization]

          3)Sections 3, 4, 5, 7, 8, 9, 10, 13, 15, and 16:  Updates  
            statutory descriptions of State Routes 1, 19, 39, 49, 58, 66,  
            82, 130, and 710 to reflect the fact that portions of these  
            routes have been relinquished by the California Department of  
            Transportation (Caltrans) to local agencies or otherwise  
            superseded or changed.  This bill also updates statutory  
            descriptions of State Routes 25, 68, 74, and 86 to reflect the  
            state highway relinquishments proposed in this bill.   
            [Submitted by Caltrans]

          4)Section 6:  Authorizes the California Transportation  
            Commission (CTC) to relinquish a portion of State Route 25 to  
            the City of Hollister.  [Submitted by the Senate  
            Transportation and Housing Committee]

          5)Section 11:  Authorizes the CTC to relinquish a portion of  
            State Route 68 to the City of Pacific Grove or the County of  
            Monterey.  [Submitted by the Monterey County]

          6)Section 12: Authorizes the CTC to relinquish a portion of  








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            State Route 74 to the City of Hemet.  [Submitted by the Senate  
            Transportation and Housing Committee]

          7)Section 14:  Authorizes the CTC to relinquish a portion of  
            State Route 86 to the Cities of Brawley, El Centro, and  
            Imperial.  [Submitted by the Senate Transportation and Housing  
            Committee]

          8)Section 17: Aligns the definition of Class I bikeway with the  
            federal criteria.  [Submitted by Caltrans]

          9)Sections 18-21:  Repeals and recasts provisions related to  
            definitions of a "logging dolly" and a logging vehicle" so  
            that they appear in statute in alphabetical order.  [Submitted  
            by the Senate Transportation and Housing Committee]

          10)            Section 22:  Clarifies the definition of a  
            "station wagon" to remove an unintended commercial weight fee  
            exemption loophole used by owners of hearses in the funeral  
            industry. [Submitted by the California Highway Patrol (CHP)]

          11)            Sections 23, 27, and 28:  Deletes obsolete  
            provisions related to 1984 Olympic license plates. [Submitted  
            by the Department of Motor Vehicles (DMV)]

          12)            Section 24:  Eliminates the issuance of Olympic  
            Training Center license plates effective January 1, 2014.   
            [Submitted by DMV]

          13)            Section 25-26: Clarifies that charges for  
            personalization of license plates described in varying  
            sections of code is not additive. [Submitted by the Senate  
            Transportation and Housing Committee]

          14)            Section 29:  Expands the definition of a  
            schoolbus traffic collision to include collisions that occur  
            while a schoolbus is stopped for the purpose of loading or  
            unloading pupils.  [Submitted by DMV]

          15)            Section 30:  Corrects the effective date for when  
            medical certificates are required for Class A and B driver's  
            licenses to match federal regulations. [Submitted by DMV]

          16)            Section 31:  Amends corresponding code sections  
            to reflect recent legislation that allows those carrying  








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            commercial driver's licenses to attend traffic violator school  
            if the individual commits a traffic offense while driving a  
            noncommercial vehicle.  [Submitted by the Judicial Council of  
            California]

          17)Makes related, conforming changes.

           EXISTING LAW  :

          1)CEQA requires a lead agency to prepare and certify the  
            completion of an environmental document on a project that it  
            proposes to carry out, however, certain projects are exempt  
            from CEQA requirements. (Section 1)

          2)The gas tax swap lowered certain taxes and increased others to  
            provide funding for transportation, transit, and General Fund  
            relief in a revenue neutral fashion. (Section 2)

          3)Defines each route in the State Highway System.  (Sections 3,  
            4, 5, 7, 8, 9, 10, 13, 14, and 16)

          4)Authorizes the CTC to relinquish portions of the state highway  
            system to cities and counties. (Sections 3, 4, 5)

          5)Defines a "bikeway" as facilities that provide a traveled way  
            for bicycles including "bike paths", "bike lanes", and "bike  
            routes." (Section 17)

          6)Defines a "logging dolly" as a vehicle designed for carrying  
            logs and a "logging vehicle" as a vehicle used exclusively in  
            the conduct of logging operations.  (Sections 18-21)

          7)Established the commemorative 1984 Olympic license plate.  
            (Sections 23, 27, and 28)

          8)Established the Olympic Training Center license plate to help  
            build and pay for the California Olympic Training Center in  
            San Diego.  (Section 24)

          9)Established personalized license plates and special interest  
            license plate programs.  (Sections 25-26).

          10)Defines a schoolbus collision as occurring only when a  
            schoolbus' red warning light is activated and a school pupil  
            or schoolbus is involved in the collision. (Section 29)








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          11)Prohibits a person from employing, hiring, or knowingly  
            permitting or authorizing a person to drive a motor vehicle on  
            a highway unless the person is licensed for the appropriate  
            class of vehicle being driven. (Section 30)

          12)Permits an individual who holds a commercial driver's license  
            to attend traffic violator school if the individual commits a  
            traffic offense while driving a non-commercial vehicle.  
            (Section 31)

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  

          The purpose of the omnibus bill is to combine multiple,  
          non-controversial changes to statutes into one bill so that the  
          Legislature can make these minor amendments in a cost-effective  
          manner.  The omnibus bill contains a variety technical clean-up  
          provisions that are described in more detail below:

          CEQA clarification: increase in transit service (Section 1).   
          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.  

          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  








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          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).  

          In drafting gas tax swap cleanup amendments during the first  
          round of amendments to this bill, Legislative Counsel discerned  
          that still more cleanup language was needed.  This bill corrects  
          a drafting error to ensure that the Board of Equalization's  
          collection of prepayments of sales tax on aircraft jet fuel and  
          diesel fuel are conducted in the same manner as prepayments of  
          sales tax on gasoline.  

          Cleanup to various highway relinquishments (Sections 3, 4, 5, 7,  
          8, 9, 10, 13, 15, and 16). Existing law defines each route in  
          the State Highway System.  Occasionally a route is changed,  
          e.g., a new segment is adopted, a segment is superseded by new  
          construction, or - most commonly - a segment is relinquished to  
          a local jurisdiction.  When a route is changed, the statutory  
          description of the route must be updated in order to remain an  
          accurate description of the facility's location.  This bill  
          updates statutory descriptions of State Routes 1, 19, 39, 49,  
          58, 66, 82, 130, and 710 to reflect the fact that portions of  
          these routes have been relinquished by Caltrans to local  
          agencies.  The bill also updates statutory descriptions of State  
          Routes 25, 68, 74, and 86 to reflect the fact that SB 788  
          proposes to relinquish portions of these routes from Caltrans to  
          local agencies.  

          Route 25 relinquishment (Section 6).  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.  The relinquishment was  
          previously contained in SB 314 (Cannella).  

          Route 68 relinquishment (Section 11).  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.  

          Route 74 relinquishment (Section 12).  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.  The relinquishment  
          was previously contained in SB 337 (Emmerson, 2013).  









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          Route 86 relinquishment (Section 14).  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.  The relinquishment was  
          previously contained in SB 444 (Hueso, 2013).  

          Bicycle Transportation Act (Section 17).  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 II and Class III bikeways.  

          Technical correction to Vehicle Code (Sections 18-21).  Division  
          1 of the Vehicle Code provides various definitions.  This bill  
          moves two of these definitions, for "logging dolly" and "logging  
          vehicle," into alphabetical order.  

          Vehicle Code definition of station wagon (Section 22).  Division  
          1 of the Vehicle Code provides various definitions.  This bill  
          clarifies the definition of "station wagon" to remove an  
          unintended commercial weight fee exemption loophole frequently  
          used by owners of hearses used in the funeral service industry  
          to get out of paying commercial weight fees. 

          

          Delete obsolete provisions relating to 1984 Olympic license  
          plate (Sections 23, 27, and 28).  
          AB 2139 (Goggin), Chapter 1289, Statues of 1983, established the  
          commemorative 1984 Olympic license plate.  The DMV no longer  
          issues this plate.  This bill removes statutory language related  
          to the 1984 Olympic license plate.

          Eliminate issuance of Olympic Training Center license plate  
          (Section 24).  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  








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          OTC no longer exists.  This bill eliminates issuance of the OTC  
          license plate effective January 1, 2014.  
          
          Special license plates (Sections 25-26).  In April 2013, the  
          California State Auditor released a report relating to special  
          interest license plate funds.  In the report, the Auditor  
          asserts the DMV is undercharging for personalized veterans and  
          Kids' plates, because the Vehicle Code sections creating those  
          two plates include specific charges for personalization but do  
          not clearly state that those charges replace, rather than add  
          to, the charges in the Vehicle Code section for personalized  
          license plates.  This bill amends Vehicle Code sections 5068 and  
          5072 to reflect that charges for personalization of plates  
          included in those sections is not in addition to the charge for  
          personalization in Section 5106.  

          Vehicle Code definition of schoolbus collision (Section 29).   
          Division I of the Vehicle Code provides various definitions.   
          Currently, a schoolbus collision only occurs, technically, when  
          a schoolbus' red warning lights are activated and a school pupil  
          or schoolbus is involved in the collision.  Statute does not  
          require a schoolbus driver to activate red warning lights during  
          stops.  Expanding the definition of a schoolbus collision would  
          close a loophole and allow the collection of more accurate data  
          relating to the safe transportation of school pupils.  This bill  
          expands the definition of a schoolbus traffic collision to  
          include collisions that occur while a schoolbus is stopped for  
          the purpose of loading or unloading school pupils.  

          Drivers' licenses (Section 30).  AB 2188 (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 of when medical  
          certificates are required for a Class A or Class B driver's  
          license to match the date specified in federal regulations.  

          AB 1888 cleanup re: commercial drivers/traffic schools (Section  
          31).  AB 1888 (Gatto, Chapter 302, Statutes of 2012) amended  
          Vehicle Code section 42005 to permit an individual who holds a  
          commercial driver's license to attend a traffic violator school  
          if the individual commits a traffic offense while driving a  
          non-commercial vehicle.  However, Vehicle Code section 42007 was  
          not amended to reflect this change and currently requires courts  
          to include mandatory language stating that completion of traffic  








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          violator school results in a confidential conviction in any  
          court's courtesy notice for traffic citations.  This notice is  
          not in accurate for drivers with a commercial driver's license  
          where traffic violator school completion results in a  
          non-confidential conviction with no points.  This bill  
          distinguishes the effect of traffic violator school attendance  
          depending on the class of driver's license.  
           Double referral  :  This bill is also referred to the Assembly  
          Natural Resources Committee.  

           REGISTERED SUPPORT / OPPOSITION  :

          Support 
           
          Council of San Benito County Governments (Section 6)
          Monterey County Board of Supervisors (Section 11)
          Riverside County Transportation Commission (Section 12)
          Sacramento Regional Transit (Section 1)
           
          Opposition 
           
          None on file

           
          Analysis Prepared by  :   Victoria Alvarez / TRANS. / (916) 319-  
          2093