BILL ANALYSIS Ó SB 788 Page 1 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routes have been relinquished by the California Department of Transportation (Caltrans) to local agencies or otherwise superseded or changed.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 SB 788 Page 2 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 SB 788 Page 3 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) SB 788 Page 4 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 SB 788 Page 5 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). SB 788 Page 6 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 SB 788 Page 7 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 SB 788 Page 8 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