BILL ANALYSIS Ó
SB 788
Page 1
SENATE THIRD READING
SB 788 (Transportation and Housing Committee)
As Amended August 14, 2013
Majority vote
SENATE VOTE :37-0
TRANSPORTATION 15-0 NATURAL RESOURCES 9-0
-----------------------------------------------------------------
|Ayes:|Lowenthal, Linder, |Ayes:|Chesbro, Grove, Bigelow, |
| |Achadjian, Ammiano, | |Garcia, Muratsuchi, |
| |Bonta, Buchanan, Daly, | |Patterson, Skinner, |
| |Frazier, Gatto, Holden, | |Stone, Williams |
| |Logue, Morrell, Nazarian, | | |
| |Patterson, | | |
| |Quirk-Silva | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
-----------------------------------------------------------------
APPROPRIATIONS 17-0
-----------------------------------------------------------------
|Ayes:|Gatto, Harkey, Bigelow, | | |
| |Bocanegra, Bradford, Ian | | |
| |Calderon, Campos, | | |
| |Donnelly, Eggman, Gomez, | | |
| |Hall, Holden, Linder, | | |
| |Pan, Quirk, Wagner, Weber | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
-----------------------------------------------------------------
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 Dickinson)
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
SB 788
Page 2
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superseded or changed.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
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
SB 788
Page 3
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
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)
SB 788
Page 4
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)
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 : According to the Assembly Appropriations
Committee, the bill could result in one-time costs to the State
Highway Account, potentially in the hundreds of thousands to
millions of dollars, depending on the outcome of negotiations
between Caltrans and the various jurisdictions on the
determination to relinquish different highway segments as well
as long-term maintenance and repair savings to Caltrans that
would result.
SB 788
Page 5
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). AB 6 X8 (Budget Committee),
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
(Budget Committee), Chapter 6, Statutes of 2011, re-enacted the
gas tax swap with a two-thirds vote. Subsequently, AB 2679
(Transportation Committee), 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).
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,
SB 788
Page 6
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 this bill
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) of the current
legislative session.
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) of 2013.
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) of 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
SB 788
Page 7
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 (Budget
Committee), 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.
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
SB 788
Page 8
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
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.
Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319-
SB 788
Page 9
2093
FN: 0002119