Amended in Assembly June 12, 2014

Senate BillNo. 853


Introduced by Committee on Budget and Fiscal Review

January 9, 2014


begin deleteAn act relating to the Budget Act of 2014. end deletebegin insertAn act to amend Section 21602 of the Public Utilities Code, to amend Section 8352.6 of the Revenue and Taxation Code, to amend Sections 188.8 and 2384 of the Streets and Highways Code, and to amend Sections 5205.5 and 12801 of the Vehicle Code, relating to transportation, and making an appropriation therefor, to take effect immediately, bill related to the budget.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 853, as amended, Committee on Budget and Fiscal Review. begin deleteBudget Act of 2014. end deletebegin insertTransportation.end insert

begin insert

(1) Existing law establishes the Aeronautics Account in the State Transportation Fund, and continuously appropriates the moneys in the account for expenditure for airport purposes by the Division of Aeronautics within the Department of Transportation and the California Transportation Commission. Existing law establishes the California Aid to Airports Program, under which the department provides grants to political subdivisions for the planning, acquisition, construction, improvement, maintenance, or operation of a publicly owned airport, and to cities or counties on behalf of any privately owned, public use airport, as specified.

end insert
begin insert

Existing law establishes a subaccount, referred to by the Department of Finance as the Local Airport Loan Account, in the Aeronautics Account in the State Transportation Fund for the management of funds for loans to local entities for airport purposes and requires that all funds for airport loans in the Special Deposit Fund be transferred to the subaccount. Existing law requires the department, with the approval of the Department of Finance, to deposit in the subaccount all money received by the department from repayments of, and interest on, existing and future airport loans, and authorizes, upon appropriation, the transfer of additional funds from the Aeronautics Account in the State Transportation Fund to the subaccount as the department deems appropriate.

end insert
begin insert

This bill would authorize, upon a determination by the department that the balance in the subaccount exceeds projected needs, the transfer of funds from the subaccount to the Aeronautics Account to fund the California Aid to Airports Program with the approval of the California Transportation Commission and the Department of Finance. The bill would require that the transfers not reduce the subaccount below $5,000,000.

end insert
begin insert

By authorizing the transfer of moneys into a continuously appropriated fund, the bill would make an appropriation.

end insert
begin insert

(2) Existing law requires certain moneys attributable to taxes imposed upon distribution of motor vehicle fuel related to specified off-highway motor vehicles and off-highway vehicle activities to be transferred monthly from the Motor Vehicle Fuel Account to the Off-Highway Vehicle Trust Fund according to a specified calculation that the Department of Transportation, in cooperation with the Department of Parks and Recreation and the Department of Motor Vehicles, is authorized to adjust every 5 years, starting in the 2013-14 fiscal year, taking into account specified factors.

end insert
begin insert

This bill would require, in the 2014-15 fiscal year, the Department of Transportation, in consultation with the Department of Parks and Recreation and the Department of Motor Vehicles, to undertake a study to determine the appropriate adjustment to the amount of money transferred from the fuel account to the fund and to update the estimate of the amount of money attributable to taxes imposed upon distribution of motor vehicle fuel related to specified off-highway motor vehicles and off-highway vehicle activities. The bill would require the department to provide the study to the Legislature no later than January 1, 2016.

end insert
begin insert

(3) Existing law establishes the state transportation improvement program process, pursuant to which the California Transportation Commission generally programs and allocates available funds for transportation capital improvement projects over a multiyear period. Existing law provides funding for interregional and regional transportation capital improvement projects through the state transportation improvement program process, with 25% of funds available for interregional projects selected by the Department of Transportation and 75% for regional projects selected by transportation planning agencies. Existing law requires funds available for regional projects to be programmed by the commission pursuant to the county shares formula, under which a certain amount of funding is available for programming in each county. Existing law specifies the project costs to be charged against county shares in that regard. If the final estimate is greater than 120% or less than 80% of the amount originally programmed for right-of-way costs, existing law requires the amount to be adjusted at the time of right-of-way certification. Existing law prohibits project costs shown in the state transportation improvement program from being changed to reflect certain costs, including actual right-of-way purchase costs.

end insert
begin insert

This bill would instead prohibit project costs shown in the state transportation improvement program from being changed to reflect differences that are within 20% of the amount reported at the time of allocation for actual right-of-way costs at the time of acceptance of a project construction contract.

end insert
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(4) Existing law creates the Active Transportation Program in the Department of Transportation, which combines various bicycle, pedestrian, and other nonmotorized transportation programs into a single program. Existing law provides for funds to be allocated to projects in the program by the California Transportation Commission. Existing law requires the commission to adopt guidelines for an initial program of projects by March 26, 2014, with future programs of projects to be adopted by April 1 of each odd-numbered year, or, alternatively, on an annual basis. Existing law provides for the initial program of projects to cover a period of 2 years, with each subsequent program of projects to cover a period of 4 years.

end insert
begin insert

This bill would require the commission to adopt the 2015 program of projects by December 31, 2015.

end insert
begin insert

(5) Existing federal law, until September 30, 2017, authorizes a state to allow specified labeled vehicles to use lanes designated for high-occupancy vehicles (HOVs). Existing law authorizes the Department of Transportation to designate certain lanes for the exclusive use of HOVs. Under existing law, until January 1, 2019, or until federal authorization expires, or until the Secretary of State receives a specified notice, those lanes may be used by certain vehicles not carrying the requisite number of passengers otherwise required for the use of an HOV lane, if the vehicle displays a valid identifier issued by the Department of Motor Vehicles (DMV). Existing law authorizes the DMV to issue no more than 40,000 of those identifiers.

end insert
begin insert

This bill would increase the number of those identifiers that the DMV is authorized to issue to 55,000.

end insert
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(6) Existing law generally requires an application for a driver’s license to contain the applicant’s social security account number. Existing law also authorizes a driver’s license to be issued to an applicant who is ineligible for a social security account number but who provides satisfactory proof that his or her presence in the United States is authorized under federal law. Existing law, effective January 1, 2015, or on the date that the Director of Motor Vehicles executes a specified declaration, whichever is sooner, authorizes the issuance of a driver’s license to an applicant who is unable to provide satisfactory proof that his or her presence in the United States is authorized under federal law if the applicant submits an affidavit attesting that he or she is both ineligible for a social security account number and unable to submit proof of authorized presence in the United States.

end insert
begin insert

This bill would delete the requirement for an affidavit for an applicant who is unable to submit proof of authorized presence in the United States, and would instead authorize the issuance of a driver’s license to such an applicant who indicates in his or her license application, as prescribed by the department, that the applicant has never been issued a social security account number and is not presently eligible for a social security account number.

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(7) Existing law, the Outdoor Advertising Act, provides for the regulation by the Department of Transportation of advertising displays, as defined, within view of public highways.

end insert
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This bill would require the Department of Transportation to report, by January 10, 2015, to the budget and appropriate policy committees of both houses of the Legislature on the subject of advertising on electronic changeable message signs on the state highway system, and on the feasibility of a pilot project in that regard, including estimates of revenue.

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(8) Existing law gives the County of Fresno until June 30, 2015, to meet the maintenance of effort requirement associated with its receipt of streets and roads funds from gasoline sales tax revenues in the Transportation Investment Fund in the 2009-10 fiscal year. Under the maintenance of effort requirement applicable to this now-repealed source of revenues, a city or county was required to maintain annual streets and roads expenditures from its general fund equal to the annual average of its expenditures from that source during the 1996-97, 1997-98, and 1998-99 fiscal years. If a city or county failed to comply with the maintenance of effort requirement in a particular fiscal year, existing law provided that it could alternatively comply by expending in that year and the following fiscal year a combined total amount that is not less than the amount otherwise required to be expended in the 2 fiscal years.

end insert
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This bill would give the County of Fresno 5 additional years, until June 30, 2020, to meet this maintenance of effort requirement for the 2009-10 fiscal year, as long as it continues to provide medical services to indigent individuals and undocumented individuals consistent with the eligibility and benefit levels in effect in the 2013-14 fiscal year.

end insert
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This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Fresno.

end insert
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(9) Existing law establishes in the State Transportation Fund the Motor Vehicle Account, which generally consists of regulatory fees and penalty revenues collected under the Vehicle Code, and requires that moneys in the account that are appropriated for the support of or expenditure by the Department of Motor Vehicles or the Department of the California Highway Patrol be used for carrying out provisions of the Vehicle Code and enforcing any other laws relating to vehicles or the use of highways.

end insert
begin insert

This bill would appropriate the sum of $4,934,000 from the Motor Vehicle Account to the Department of the California Highway Patrol to conduct a pilot project to replace 12 dispatch radio consoles at 2 California Highway Patrol communication centers.

end insert
begin insert

(10) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

end insert
begin delete

This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2014.

end delete

Vote: majority. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P5    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 21602 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is
2amended to read:end insert

P6    1

21602.  

(a) Subject to the terms and within the limits of special
2appropriations made by the Legislature, the department may render
3financial assistance by grant or loan, or both, to political
4subdivisions jointly, in the planning, acquisition, construction,
5improvement, maintenance, or operation of an airport owned or
6controlled, or to be owned or controlled, by a political subdivision
7or subdivisions, if the financial assistance has been shown by public
8hearing to be appropriate to the proper development or maintenance
9of a statewide system of airports. Financial assistance may be
10furnished in connection with federal or other financial aid for the
11same purpose.

12(b) Notwithstanding subdivision (a) of Section 21681, a city or
13 county designated by the Airport Land Use Commission is eligible
14to compete for funds held in the Aeronautics Account in the State
15Transportation Fund on behalf of any privately owned, public use
16airport that is included in an airport land use compatibility plan.
17However, the city or county shall be eligible to compete for the
18funds only when zoning on the parcel is tantamount to a taking of
19all reasonable uses that might otherwise be permitted on the parcel.
20The eligible airport and aviation purposes are limited to those
21specified in paragraphs (4), (5), (6), (9), and (14) of subdivision
22(f) of Section 21681, and, further, any capital improvements or
23acquisitions shall become the property of the designated city or
24county. Matching funds pursuant to subdivision (a) of Section
2521684 may include the in-kind contribution of real property, with
26the approval of the department.

27(c) Any grant of funds held in the Aeronautics Account in the
28State Transportation Fund on behalf of any privately owned airports
29shall contain a covenant that the airport remain open for public
30use for 20 years. Any grant made to a city or county on behalf of
31a privately owned airport shall contain a payback provision based
32upon existing market value at the time the private airport ceases
33to be open for public use.

34(d) Upon request, California Aid to Airports Program (CAAP)
35projects included within the adopted Aeronautics Program, may
36be funded in advance of the year programmed, with the concurrence
37of the department, in order to better utilize funds in the account.

38(e) There is, in the Aeronautics Account in the State
39Transportation Fund, abegin delete subaccountend deletebegin insert subaccount, the Local Airport
40Loan Account,end insert
for the management of funds for loans to local
P7    1entities pursuant to this chapter. All funds for airport loans in the
2Special Deposit Fund are hereby transferred to the subaccount.
3With the approval of the Department of Finance, the department
4shall deposit in the subaccount all money received by the
5department from repaymentsbegin delete ofend deletebegin insert of,end insert and interestbegin delete onend deletebegin insert on,end insert existing and
6future airport loans, including, but not limited to, the sums of five
7hundred forty thousand dollars ($540,000) in repayments from the
8General Fund due in July 1987, and July 1988, and may, upon
9appropriation, transfer additional funds from the Aeronautics
10Account in the State Transportation Fund to the subaccount as the
11department deems appropriate. Interest on money in the subaccount
12shall be credited to the subaccount as it accrues.

13(f) begin insert(1)end insertbegin insertend insert Notwithstandingbegin insert subdivision (a) ofend insert Section 13340 of
14the Government Code, the money in the subaccount created by
15subdivision (e) is hereby continuously appropriated to the
16department without regard to fiscal years for purposes of loans to
17political subdivisions for airport purposes.

begin insert

18(2) Upon a determination by the department that the balance
19in the subaccount exceeds projected needs, funds in the subaccount
20may be transferred by the department to the Aeronautics Account
21to fund the California Aid to Airports Program with the approval
22of the California Transportation Commission and the Department
23of Finance. The transfers shall not reduce the amount of funds in
24the subaccount below five million dollars ($5,000,000).

end insert
25begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 8352.6 of the end insertbegin insertRevenue and Taxation Codeend insertbegin insert is
26amended to read:end insert

27

8352.6.  

(a) (1) Subject to Section 8352.1, and except as
28otherwise provided in paragraphs (2) and (3), on the first day of
29every month, there shall be transferred from moneys deposited to
30the credit of the Motor Vehicle Fuel Account to the Off-Highway
31Vehicle Trust Fund created by Section 38225 of the Vehicle Code
32an amount attributable to taxes imposed upon distributions of motor
33vehicle fuel used in the operation of motor vehicles off highway
34and for which a refund has not been claimed. Transfers made
35pursuant to this section shall be made prior to transfers pursuant
36to Section 8352.2.

37(2) Commencing July 1, 2012, the revenues attributable to the
38taxes imposed pursuant to subdivision (b) of Section 7360 and
39Section 7361.1 and otherwise to be deposited in the Off-Highway
40Vehicle Trust Fund pursuant to paragraph (1) shall instead be
P8    1transferred to the General Fund. The revenues attributable to the
2taxes imposed pursuant to subdivision (b) of Section 7360 and
3Section 7361.1 that were deposited in the Off-Highway Vehicle
4Trust Fund in the 2010-11 and 2011-12 fiscal years shall be
5transferred to the General Fund.

6(3) The Controller shall withhold eight hundred thirty-three
7thousand dollars ($833,000) from the monthly transfer to the
8Off-Highway Vehicle Trust Fund pursuant to paragraph (1), and
9transfer that amount to the General Fund.

10(b) The amount transferred to the Off-Highway Vehicle Trust
11Fund pursuant to paragraph (1) of subdivision (a), as a percentage
12of the Motor Vehicle Fuel Account, shall be equal to the percentage
13transferred in the 2006-07 fiscal year. Every five years, starting
14in the 2013-14 fiscal year, the percentage transferred may be
15adjusted by the Department of Transportation in cooperation with
16the Department of Parks and Recreation and the Department of
17Motor Vehicles. Adjustments shall be based on, but not limited
18to, the changes in the following factors since the 2006-07 fiscal
19year or the last adjustment, whichever is more recent:

20(1) The number of vehicles registered as off-highway motor
21vehicles as required by Division 16.5 (commencing with Section
2238000) of the Vehicle Code.

23(2) The number of registered street-legal vehicles that are
24anticipated to be used off highway, including four-wheel drive
25vehicles, all-wheel drive vehicles, and dual-sport motorcycles.

26(3) Attendance at the state vehicular recreation areas.

27(4) Off-highway recreation use on federal lands as indicated by
28the United States Forest Service’s National Visitor Use Monitoring
29and the United States Bureau of Land Management’s Recreation
30Management Information System.

31(c) It is the intent of the Legislature that transfers from the Motor
32Vehicle Fuel Account to the Off-Highway Vehicle Trust Fund
33should reflect the full range of motorized vehicle use off highway
34for both motorized recreation and motorized off-road access to
35other recreation opportunities. Therefore, the Legislature finds that
36the fuel tax baseline established in subdivision (b), attributable to
37off-highway estimates of use as of the 2006-07 fiscal year,
38accounts for the three categories of vehicles that have been found
39over the years to be users of fuel for off-highway motorized
40recreation or motorized access to nonmotorized recreational
P9    1pursuits. These three categories are registered off-highway
2motorized vehicles, registered street-legal motorized vehicles used
3off highway, and unregistered off-highway motorized vehicles.

4(d) It is the intent of the Legislature that the off-highway motor
5vehicle recreational use to be determined by the Department of
6Transportation pursuant to paragraph (2) of subdivision (b) be that
7usage by vehicles subject to registration under Division 3
8(commencing with Section 4000) of the Vehicle Code, for
9recreation or the pursuit of recreation on surfaces where the use
10of vehicles registered under Division 16.5 (commencing with
11Section 38000) of the Vehicle Code may occur.

begin insert

12(e) In the 2014-15 fiscal year, the Department of
13Transportation, in consultation with the Department of Parks and
14Recreation and the Department of Motor Vehicles, shall undertake
15a study to determine the appropriate adjustment to the amount
16 transferred pursuant to subdivision (b) and to update the estimate
17of the amount attributable to taxes imposed upon distributions of
18motor vehicle fuel used in the operation of motor vehicles off
19highway and for which a refund has not been claimed. The
20department shall provide a copy of this study to the Legislature
21no later than January 1, 2016.

end insert
22begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 188.8 of the end insertbegin insertStreets and Highways Codeend insertbegin insert is
23amended to read:end insert

24

188.8.  

(a) From the funds programmed pursuant to Section
25188 for regional improvement projects, the commission shall
26approve programs and program amendments, so that funding is
27distributed to each county of County Group No. 1 and in each
28county of County Group No. 2 during the county share periods
29commencing July 1, 1997, and ending June 30, 2004, and each
30period of four years thereafter. The amount shall be computed as
31follows:

32(1) The commission shall compute, for the county share periods
33all of the money to be expended for regional improvement projects
34in County Groups Nos. 1 and 2, respectively, as provided in Section
35188.

36(2) From the amount computed for County Group No. 1 in
37paragraph (1) for the county share periods the commission shall
38determine the amount of programming for each county in the group
39based on a formula that is based 75 percent on the population of
40the county to the total population of County Group No. 1 and 25
P10   1percent on state highway miles in the county to the total state
2highway miles in County Group No. 1.

3(3) From the amount computed for County Group No. 2 in
4paragraph (1) for the county share periods the commission shall
5determine the amount of programming for each county in the group
6based on a formula that is based 75 percent on the population of
7the county to the total population of County Group No. 2 and 25
8percent on state highway miles in the county to the total state
9highway miles in County Group No. 2.

10(b) Notwithstanding subdivision (a), that portion of the county
11population and state highway mileage in El Dorado and Placer
12Counties that is included within the jurisdiction of the Tahoe
13Regional Planning Agency shall be counted separately toward the
14area under the jurisdiction of the Tahoe Regional Transportation
15Agency and may not be included in El Dorado and Placer Counties.
16The commission shall approve programs, program amendments,
17and fund reservations for the area under the jurisdiction of the
18Tahoe Regional Transportation Agency that shall be calculated
19using the formula described in paragraph (2) of subdivision (a).

20(c) A transportation planning agency designated pursuant to
21Section 29532 of the Government Code, or a county transportation
22commission created by Division 12 (commencing with Section
23130000) of the Public Utilities Code, may adopt a resolution to
24pool its county share programming with any county or counties
25adopting similar resolutions to consolidate its county shares for
26two consecutive county share periods into a single share covering
27both periods. A multicounty transportation planning agency with
28a population of less than three million may also adopt a resolution
29to pool the share of any county or counties within its region. The
30resolution shall provide for pooling the county share programming
31in any of the pooling counties for the new single share period and
32shall be submitted to the commission not later than May 1
33immediately preceding the commencement of the county share
34period.

35(d) For the purposes of this section, funds programmed shall
36include the following costs pursuant to subdivision (b) of Section
3714529 of the Government Code:

38(1) The amounts programmed or budgeted for both components
39of project development in the original programmed year.

P11   1(2) The amount programmed for right-of-way and right-of-way
2support costs in the year programmed in the most recent state
3transportation improvement program. If the final estimate is greater
4than 120 percent or less than 80 percent of the amount originally
5programmed, the amount shall be adjusted for final expenditure
6estimates at the time of right-of-way certification.

7(3) The engineer’s final estimate of project costs, including
8construction support, presented to the commission for approval
9pursuant to Section 14533 of the Government Code in the year
10programmed in the most recent state transportation improvement
11program. If the construction contract award amount is less than
1280 percent of the engineer’s final estimate, excluding construction
13support, the department shall notify the commission and the
14commission may adjust its project allocation accordingly.

15(4) Project costs shown in the program, as amended, where
16project allocations have not yet been approved by the commission,
17 escalated to the date of scheduled project delivery.

18(e) Project costs shown in the program may not be changed to
19reflect any of the following:

20(1) Differences that are within 20 percent of the amount
21programmed for actual project development cost.

22(2) begin deleteActual end deletebegin insertDifferences that are within 20 percent of the amount
23reported at the time of allocation pursuant to paragraph (2) of
24subdivision (d) for actual end insert
right-of-waybegin delete purchase costs.end deletebegin insert costs
25calculated at the time of acceptance of a project construction
26contract.end insert

27(3) Construction contract award amounts, except when those
28amounts are less than 80 percent of the engineer’s final estimate,
29excluding construction support, and the commission has adjusted
30the project construction allocation.

31(4) Changes in construction expenditures, except for
32supplemental project allocations made by the commission,
33including supplemental allocations made pursuant to subdivision
34(b) of Section 188.9.

35(f) For the purposes of this section, the population in each county
36is that determined by the last preceding federal census, or a
37subsequent census validated by the Population Research Unit of
38the Department of Finance, at the beginning of each county share
39period.

P12   1(g) For the purposes of this section, “state highway miles” means
2the miles of state highways open to vehicular traffic at the
3beginning of each county share period.

4(h) It is the intent of the Legislature that there is to be flexibility
5in programming under this section and Section 188 so that, while
6ensuring that each county will receive an equitable share of state
7transportation improvement program funding, the types of projects
8selected and the programs from which they are funded may vary
9from county to county.

10(i) Commencing with the four-year period commencing on July
111, 2004, individual county share shortfalls and surpluses at the end
12of each four-year period, if any, shall be carried forward and
13credited or debited to the following four years.

14(j) The commission, with the consent of the department, may
15consider programming projects in the state transportation
16improvement program in a county with a population of not more
17than 1,000,000 at a level higher or lower than the county share,
18when the regional agency either asks to reserve part or all of the
19county’s share until a future programming year, to build up a larger
20share for a higher cost project, or asks to advance an amount of
21the share, in an amount not to exceed 200 percent of the county’s
22current share, for a larger project, to be deducted from shares for
23future programming years. After consulting with the department,
24the commission may adjust the level of programming in the
25regional program in the affected region against the level of
26interregional programming in the improvement program to
27accomplish the reservation or advancement, for the current state
28transportation improvement program. The commission shall keep
29track of any resulting shortfalls or surpluses in county shares.

30(k) Notwithstanding subdivision (a), in a region defined by
31Section 66502 of the Government Code, the transportation planning
32agency may adopt a resolution to pool the county share of any
33county or counties within the region, if each county receives no
34less than 85 percent and not more than 115 percent of its county
35share for a single county share period and 100 percent of its county
36share over two consecutive county share periods. The resolution
37shall be submitted to the commission not later than May 1,
38immediately preceding the commencement of the county share
39period.

P13   1(l) Federal funds used for federal demonstration projects that
2use federal obligational authority otherwise available for other
3projects shall be subtracted from the county share of the county
4 where the project is located.

5begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 2384 of the end insertbegin insertStreets and Highways Codeend insertbegin insert is
6amended to read:end insert

7

2384.  

The commission shall adopt a program of projects to
8receive allocations under this chapter. The guidelines for an initial
9two-year program of projects shall be adopted within six months
10of the enactment of the act enacting this section. The commission
11shall adoptbegin insert the 2015 program of projects no later than December
1231, 2015, and shall adoptend insert
each subsequent program not later than
13April 1 of each odd-numbered year, but may alternatively elect to
14adopt a program annually. Eachbegin insert subsequentend insert program shall cover
15a period of four fiscal years, beginning July 1 of the year of
16adoption, and shall be a statement of intent by the commission for
17the allocation or expenditure of funds during those four fiscal
18years. The commission shall form a multidisciplinary advisory
19group to assist it in evaluating project applications.

20begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 5205.5 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to read:end insert

21

5205.5.  

(a) For purposes of implementing Section 21655.9,
22the department shall make available for issuance, for a fee
23determined by the department to be sufficient to reimburse the
24department for the actual costs incurred pursuant to this section,
25distinctive decals, labels, and other identifiers that clearly
26distinguish the following vehicles from other vehicles:

27(1) A vehicle that meets California’s super ultra-low emission
28vehicle (SULEV) standard for exhaust emissions and the federal
29inherently low-emission vehicle (ILEV) evaporative emission
30standard, as defined in Part 88 (commencing with Section
3188.101-94) of Title 40 of the Code of Federal Regulations.

32(2) A vehicle that was produced during the 2004 model-year or
33earlier and meets California ultra-low emission vehicle (ULEV)
34standard for exhaust emissions and the federal ILEV standard.

35(3) A vehicle that meets California’s enhanced advanced
36technology partial zero-emission vehicle (enhanced AT PZEV)
37standard or transitional zero-emission vehicle (TZEV) standard.

38(b) The department shall include a summary of the provisions
39of this section on each motor vehicle registration renewal notice,
P14   1or on a separate insert, if space is available and the summary can
2be included without incurring additional printing or postage costs.

3(c) The Department of Transportation shall remove individual
4HOV lanes, or portions of those lanes, during periods of peak
5congestion from the access provisions provided in subdivision (a),
6following a finding by the Department of Transportation as follows:

7(1) The lane, or portion thereof, exceeds a level of service C,
8as discussed in subdivision (b) of Section 65089 of the Government
9Code.

10(2) The operation or projected operation of the vehicles
11described in subdivision (a) in these lanes, or portions thereof, will
12significantly increase congestion.

13(3) The finding shall also demonstrate the infeasibility of
14alleviating the congestion by other means, including, but not
15limited to, reducing the use of the lane by noneligible vehicles or
16further increasing vehicle occupancy.

17(d) The State Air Resources Board shall publish and maintain
18a listing of all vehicles eligible for participation in the programs
19described in this section. The board shall provide that listing to
20the department.

21(e) (1) For purposes of subdivision (a), the Department of the
22California Highway Patrol and the department, in consultation
23with the Department of Transportation, shall design and specify
24the placement of the decal, label, or other identifier on the vehicle.
25Each decal, label, or other identifier issued for a vehicle shall
26display a unique number, which number shall be printed on, or
27affixed to, the vehicle registration.

28(2) Decals, labels, or other identifiers designed pursuant to this
29subdivision for a vehicle described in paragraph (3) of subdivision
30(a) shall be distinguishable from the decals, labels, or other
31identifiers that are designed for vehicles described in paragraphs
32(1) and (2) of subdivision (a).

33(f) (1) Except as provided in paragraph (2), for purposes of
34paragraph (3) of subdivision (a), the department shall issue no
35more thanbegin delete 40,000end deletebegin insert 55,000end insert distinctive decals, labels, or other
36identifiers that clearly distinguish a vehicle specified in paragraph
37(3) of subdivision (a).

38(2) The department may issue a decal, label, or other identifier
39for a vehicle that satisfies all of the following conditions:

P15   1(A) The vehicle is of a type identified in paragraph (3) of
2subdivision (a).

3(B) The owner of the vehicle is the owner of a vehicle for which
4a decal, label, or other identifier described in paragraph (1) was
5previously issued and that vehicle for which the decal, label, or
6 other identifier was previously issued is determined by the
7department, on the basis of satisfactory proof submitted by the
8owner to the department, to be a nonrepairable vehicle or a total
9loss salvage vehicle.

10(C) The owner of the vehicle applied for a decal, label, or other
11identifier pursuant to this paragraph within six months of the date
12on which the vehicle for which a decal, label, or other identifier
13was previously issued is declared to be a nonrepairable vehicle or
14a total loss salvage vehicle.

15(g) If the Metropolitan Transportation Commission, serving as
16the Bay Area Toll Authority, grants toll-free and reduced-rate
17passage on toll bridges under its jurisdiction to a vehicle pursuant
18to Section 30102.5 of the Streets and Highways Code, it shall also
19grant the same toll-free and reduced-rate passage to a vehicle
20displaying an identifier issued by the department pursuant to
21paragraph (1) or (2) of subdivision (a).

22(h) (1) Notwithstanding Section 21655.9, and except as
23provided in paragraph (2), a vehicle described in subdivision (a)
24that displays a decal, label, or identifier issued pursuant to this
25section shall be exempt from toll charges imposed on
26single-occupant vehicles in high-occupancy toll lanes as described
27in Section 149.7 of the Streets and Highways Code unless
28prohibited by federal law.

29(2) (A) Paragraph (1) does not apply to the imposition of a toll
30imposed for passage on a toll road or toll highway, that is not a
31high-occupancy toll lane as described in Section 149.7 of the
32Streets and Highways Code.

33(B) On or before March 1, 2014, paragraph (1) does not apply
34to the imposition of a toll imposed for passage in lanes designated
35for tolls pursuant to the federally supported value pricing and
36transit development demonstration program operated pursuant to
37Section 149.9 of the Streets and Highways Code for State Highway
38Route 10 or 110.

39(C) Paragraph (1) does not apply to the imposition of a toll
40charged for crossing a state-owned bridge.

P16   1(i) If the Director of Transportation determines that federal law
2does not authorize the state to allow vehicles that are identified by
3distinctive decals, labels, or other identifiers on vehicles described
4in subdivision (a) to use highway lanes or highway access ramps
5for high-occupancy vehicles regardless of vehicle occupancy, the
6Director of Transportation shall submit a notice of that
7determination to the Secretary of State.

8(j) This section shall become inoperative on January 1, 2019,
9or the date the federal authorization pursuant to Section 166 of
10Title 23 of the United States Code expires, or the date the Secretary
11of State receives the notice described in subdivision (i), whichever
12occurs first, and, as of January 1, 2019, is repealed, unless a later
13enacted statute, that becomes operative on or before January 1,
142019, deletes or extends the dates on which it becomes inoperative
15and is repealed.

16begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 12801 of the end insertbegin insertVehicle Codeend insertbegin insert, as added by Section
1710 of Chapter 524 of the Statutes of 2013, is amended to read:end insert

18

12801.  

(a) Except as provided in subdivisions (b) and (c) and
19Section 12801.9, the department shall require an application for a
20driver’s license to contain the applicant’s social security account
21number and any other number or identifier determined to be
22appropriate by the department.

23(b) An applicant who provides satisfactory proof that his or her
24presence in the United States is authorized under federal law, but
25who is not eligible for a social security account number, is eligible
26to receive an original driver’s license if he or she meets all other
27qualifications for licensure.

28(c) (1) An applicantbegin insert applying for a driver’s license under
29Section 12801.9,end insert
whobegin insert has never been issued a social security
30account number andend insert
isbegin delete unable to provide satisfactory proof that
31hisend delete
begin insert not presently eligible for a social security account number,
32shall satisfy the requirements of this section if heend insert
orbegin delete her presenceend delete
33begin insert she indicatesend insert in thebegin delete United States is authorized under federal law
34may sign an affidavit attestingend delete
begin insert application described in Section
3512800, in the manner prescribed by the department,end insert
that he or she
36begin delete is both ineligible forend deletebegin insert has never been issuedend insert a social security account
37number andbegin delete unable to submit satisfactory proof that his or her
38presence in the United States is authorized under federal law. This
39affidavitend delete
is notbegin insert presently eligible forend insert abegin delete public record.end deletebegin insert social security
40account number.end insert

begin delete end deletebegin delete

P17   1(2) The submission of this affidavit shall be accepted by the
2department in lieu of a social security account number.

end delete
begin delete end deletebegin delete

3(3)

end delete

4begin insert(2)end insert This subdivision shall not apply to applications for a
5commercial driver’s license. The department shall require all
6applications for a commercial driver’s license to include the
7applicant’s social security account number.

begin delete

8(4)

end delete

9begin insert(3)end insert Nothing in this section shall be used to consider an
10individual’s citizenship or immigration status as a basis for a
11criminal investigation, arrest, or detention.

12(d) The department shall not complete an application for a
13driver’s license unless the applicant is in compliance with the
14requirements of subdivision (a), (b) or (c).

15(e) Notwithstanding any other law, the social security account
16number collected on a driver’s license application shall not be
17displayed on the driver’s license including, but not limited to,
18inclusion on a magnetic tape or strip used to store data on the
19license.

20(f) This section shall become operative on January 1, 2015, or
21on the date that the director executes a declaration pursuant to
22Section 12801.11, whichever is sooner.

23(g) This section shall become inoperative on the effective date
24of a final judicial determination made by any court of appellate
25jurisdiction that any provision of the act that added this section,
26or its application, either in whole or in part, is enjoined, found
27unconstitutional, or held invalid for any reason. The department
28shall post this information on its Internet Web site.

29begin insert

begin insertSEC. 7.end insert  

end insert
begin insert

On or before January 10, 2015, the Department of
30Transportation shall prepare a report on advertising on electronic
31changeable message signs on the state highway system, and on
32the feasibility of a pilot project in that regard, including estimates
33of revenue. The report shall be submitted to the budget and
34appropriate policy committees of both houses of the Legislature.
35Pursuant to Section 10231.5 of the Government Code, this section
36shall become inoperative four years after the effective date of this
37act.

end insert
38begin insert

begin insertSEC. 8.end insert  

end insert

begin insert(a)end insertbegin insertend insertbegin insertNotwithstanding subdivision (f) of Section 7104.2
39of the Revenue and Taxation Code or any other provision of law,
40the County of Fresno shall have until June 30, 2020, to meet the
P18   1maintenance of effort requirement applicable to counties in order
2to receive a streets and roads allocation from the Transportation
3Investment Fund for the 2009-10 fiscal year, as long as the County
4of Fresno continues to provide medical services to indigent
5individuals and undocumented individuals consistent with the
6eligibility and benefit provisions in effect in the 2013-14 fiscal
7year.end insert

begin insert

8(b) The Legislature finds and declares that a special law is
9necessary and that a general law cannot be made applicable within
10the meaning of Section 16 of Article IV of the California
11Constitution because of the unique transportation funding needs
12in the County of Fresno.

end insert
13begin insert

begin insertSEC. 9.end insert  

end insert

begin insertThe sum of four million nine hundred thirty four
14thousand dollars ($4,934,000) is hereby appropriated from the
15Motor Vehicle Account to the Department of the California
16Highway Patrol to conduct a pilot project to replace 12 dispatch
17radio consoles at two California Highway Patrol communication
18centers.end insert

19begin insert

begin insertSEC. 10.end insert  

end insert
begin insert

This act is a bill providing for appropriations related
20to the Budget Bill within the meaning of subdivision (e) of Section
2112 of Article IV of the California Constitution, has been identified
22as related to the budget in the Budget Bill, and shall take effect
23immediately.

end insert
begin delete
24

SECTION 1.  

It is the intent of the Legislature to enact statutory
25changes relating to the Budget Act of 2014.

end delete


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