Amended in Senate June 11, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 95

Introduced by Committee on Budget (Assembly Member Weber (Chair), Bloom, Bonta, Campos, Chiu, Cooper, Gordon, Jones-Sawyer, McCarty, Mullin, Nazarian, O’Donnell, Rodriguez, Thurmond, Ting, and Williams)

January 7, 2015

An act begin delete relating to the Budget Act of 2015. end delete begin insert to amend Sections 99314.6 and 185035 of, and to add Section 185033.5 to, the Public Utilities Code, to repeal and add Section 7104.4 of the Revenue and Taxation Code, to amend Sections 73.1, 156.1, 157.2, and 894.6 of, to add Sections 156.5, 894.9, and 2106.6 to, to add and repeal Section 73.2 of, and to repeal Article 4 (commencing with Section 894.6) of Chapter 8 of Division 1 of, the Streets and Highways Code, to amend Sections 5205.5 and 22352 of the Vehicle Code, and to amend Item 2665-306-6043 of Section 2.00 of the Budget Act of 2012 (Chapter 21 of the Statutes of 2012), relating to transportation, and making an appropriation therefor, to take effect immediately, bill related to the budget. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 95, as amended, Committee on Budget. begin delete Budget Act of 2015. end delete begin insert Transportation. end insert

begin insert

(1) Existing law creates the State Transit Assistance program, under which certain revenues in the Public Transportation Account are allocated by formula for public transportation purposes. Under that program, funds may not be allocated to a transit operator for operating purposes unless the operator meets one of 2 specified efficiency standards, subject to certain exceptions. However, existing law suspends those restrictions with respect to allocations for operating purposes made through the 2014-15 fiscal year.

end insert begin insert

This bill would continue the suspension of those restrictions through the 2015-16 fiscal year.

end insert begin insert

(2) Existing law, the California High-Speed Rail Act, creates the High-Speed Rail Authority to develop and implement a high-speed rail system in the state, with specified powers and duties. Existing law requires the authority to establish an independent peer review group for the purpose of reviewing the planning, engineering, financing, and other elements of the authority’s plans and issuing an analysis of the appropriateness and accuracy of the authority’s assumptions and an analysis of the viability of the authority’s funding plan for each corridor. Existing law specifies the required qualifications for the members of the peer review group.

end insert begin insert

This bill would revise the required qualifications for certain members of the peer review group.

end insert begin insert

(3) Existing law, as part of an amendment of the Budget Act of 2012, appropriates $2,609,076,000 from the High-Speed Passenger Train Bond Fund to the High-Speed Rail Authority for construction of the high-speed rail project and makes that appropriation available for encumbrance until June 30, 2018. Existing law requires the authority to provide a project update report to specified committees of the Legislature by March 1 and November 1 of each year in which that funding is encumbered.

end insert begin insert

This bill would instead require the project update report to be provided to those committees by March 1, 2017, and every 2 years thereafter.

end insert begin insert

(4) Existing law, in connection with the appropriation referenced in (3), also requires the High-Speed Rail Authority to provide various reports relating to authority staffing and contract management issues with respect to certain contracts to be awarded by the authority.

end insert begin insert

This bill would repeal those reporting requirements.

end insert begin insert

(5) Existing law defines the authorized routes in the State Highway System, including State Route 275, which is defined to be the Tower Bridge from the west side of the Sacramento River near the City of West Sacramento to the east side of the Sacramento River near the City of Sacramento. Existing law authorizes the California Transportation Commission to relinquish any portion of State Route 275 to a city in which it is located with the agreement of that city, pursuant to terms that the commission finds to be in the best interest of the state.

end insert begin insert

This bill would authorize the commission to relinquish the Tower Bridge to one or more cities in which it is located. The bill, until July 1, 2016, would provide that the Tower Bridge shall be deemed to be in a state of good repair for these purposes, provided that it is not structurally deficient and is rated as satisfactory pursuant to the National Bridge Index.

end insert begin insert

(6) Existing law provides that the Department of Transportation has full possession and control of all state highways. Existing law, through the year 2020, requires the department to prepare an annual report to the Legislature describing the status of the department’s progress in locating, assessing, and remediating barriers to fish passage, as defined. Existing law requires the department also to complete assessments of potential barriers to anadromous fish prior to commencing specified projects using state or federal transportation funds. Existing law requires the department to submit these assessments to the Department of Fish and Wildlife. Existing law also requires new projects to be constructed without presenting barriers to fish passage.

end insert begin insert

This bill would require the department to prepare the annual report to the Legislature through the year 2025. The bill would require the Department of Fish and Wildlife to identify the above-described projects that present the most significant barriers to fish passage. The bill would require the Department of Transportation to prioritize and expedite the remediation of barriers to fish passage on those projects and would require the department to include a status report on those projects in each annual report issued after October 31, 2016. The bill would appropriate $5,000,000 from the State Highway Account to the Department of Transportation for the identification and remediation of high-priority fish passages pursuant to these provisions.

end insert begin insert

(7) Existing law provides for apportionment of fuel excise tax revenues to cities and counties pursuant to various formulas.

end insert begin insert

This bill would authorize the Sacramento County Board of Supervisors to allocate up to $700,000 from fuel excise tax revenues apportioned to Sacramento County or from other transportation funds available to the county for the purpose of building a soundwall in and around the Walerga Park area adjacent to State Route 80 in Sacramento County.

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(8) Existing law creates the Transportation Investment Fund, and continuously appropriates the moneys in the fund for various transportation purposes.

end insert begin insert

This bill would require all assets and liabilities of the Transportation Investment Fund to become assets and liabilities of the State Highway Account before June 30, 2016.

end insert begin insert

(9) Existing law authorizes the Department of Transportation to issue Clean Renewable Energy Bonds for purposes of financing the acquisition and installation of solar energy systems and related appurtenances at facilities of the department. Existing law requires the net proceeds of bonds issued under these provisions to be deposited in the Clean Renewable Energy Bonds Subaccount in the Special Deposit Fund. Existing law provides for the payment of debt service on these bonds from a specified appropriation from the State Highway Account.

end insert begin insert

This bill would require any remaining moneys in the Clean Renewable Energy Bonds Subaccount to be transferred to the State Highway Account by July 1, 2015.

end insert begin insert

(10) Existing law creates the Pedestrian Safety Account in the State Transportation Fund, and provides for the Department of Transportation to award pedestrian safety grants from appropriated funds to local agencies on a competitive basis.

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This bill would require all assets and liabilities of the Pedestrian Safety Account to become assets and liabilities of the State Highway Account before January 1, 2016. The bill would repeal all provisions relating to the account on January 1, 2016.

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(11) Existing law provides for the Department of Transportation and certain other agencies to contract for intercity rail passenger service with state funds appropriated for that purpose.

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This bill, by April 1, 2016, would require the department to prepare a report to the Legislature examining improvements to safety, reduction of greenhouse gas emissions, and improvements to intercity rail passenger service levels that could be achieved through investments in improvements to grade level crossings or construction of grade separation projects at key intersections along state-sponsored intercity rail routes.

end insert begin insert

(12) 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, 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 70,000 of those identifiers.

end insert begin insert

This bill would increase the number of those identifiers that the DMV is authorized to issue to 85,000.

end insert begin insert

(13) 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 2015.

end delete

Vote: majority. Appropriation:  begin delete no end delete begin insert yes end insert . Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 99314.6 of the end insert begin insert Public Utilities Code end insert begin insert is
amended to read: end insert

99314.6.  

(a) Except as provided in Section 99314.7, the
following eligibility standards apply:

(1) Except as provided in paragraph (2), funds shall not be
allocated for operating purposes pursuant to Sections 99313 and
99314 to an operator unless the operator meets either of the
following efficiency standards:

(A) The operator’s total operating cost per revenue vehicle hour
in the latest year for which audited data are available does not
exceed the sum of the preceding year’s total operating cost per
revenue vehicle hour and an amount equal to the product of the
percentage change in the Consumer Price Index for the same period
multiplied by the preceding year’s total operating cost per revenue
vehicle hour.

(B) The operator’s average total operating cost per revenue
vehicle hour in the latest three years for which audited data are
available does not exceed the sum of the average of the total
operating cost per revenue vehicle hour in the three years preceding
the latest year for which audited data are available and an amount
equal to the product of the average percentage change in the
Consumer Price Index for the same period multiplied by the
average total operating cost per revenue vehicle hour in the same
three years.

(2) The transportation planning agency, county transportation
commission, or the San Diego Metropolitan Transit Development
Board, as the case may be, shall adjust the calculation of operating
costs and revenue vehicle hours pursuant to paragraph (1) to
account for either or both of the following factors:

(A) Exclusion of costs increases beyond the change in the
Consumer Price Index for fuel; alternative fuel programs; power,
including electricity; insurance premiums and payments in
settlement of claims arising out of the operator’s liability; or state
or federal mandates, including the additional operating costs
required to provide comparable complementary paratransit service
as required by Section 37.121 of Title 49 of the Code of Federal
Regulations, pursuant to the Americans with Disabilities Act of
1990 (42 U.S.C. Sec. 12101 et seq.), as identified in the operator’s
paratransit plan pursuant to Section 37.139 of Title 49 of the Code
of Federal Regulations.

(B) Exclusion of startup costs for new services for a period of
not more than two years.

(3) Funds withheld from allocation to an operator pursuant to
paragraph (1) shall be retained by the transportation planning
agency, county transportation commission, or the San Diego
Metropolitan Transit Development Board, as the case may be, for
reallocation to that operator for two years following the year of
ineligibility. In a year in which an operator’s funds are allocated
pursuant to paragraph (1), funds withheld from allocation during
a preceding year shall also be allocated. Funds not allocated before
the commencement of the third year following the year of
ineligibility shall be reallocated to cost effective high priority
regional transit activities, as determined by the transportation
planning agency, county transportation commission, or the San
Diego Metropolitan Transit Development Board, as the case may
be. If that agency or commission, or the board, determines that no
cost effective high priority regional transit activity exists, the
unallocated funds shall revert to the Controller for reallocation.

(b) As used in this section, the following terms have the
following meanings:

(1) “Operating cost” means the total operating cost as reported
by the operator under the Uniform System of Accounts and
Records, pursuant to Section 99243 and subdivision (a) of Section
99247.

(2) “Revenue vehicle hours” has the same meaning as “vehicle
service hours,” as defined in subdivision (h) of Section 99247.

(3) “Consumer Price Index,” as applied to an operator, is the
regional Consumer Price Index for that operator’s region, as
published by the United States Bureau of Labor Statistics. If a
regional index is not published, the index for the State of California
applies.

(4) “New service” has the same meaning as “extension of public
transportation services” as defined in Section 99268.8.

(c) The restrictions in this section do not apply to allocations
made for capital purposes.

(d) The exclusion of costs increases described in paragraph (2)
of subdivision (a) applies solely for the purpose of calculating an
operator’s eligibility to claim funds pursuant to this section and
does not authorize an operator to report an operating cost per
revenue vehicle hour other than as described in this section and in
Section 99247, to any of the following entities:

(1) The Controller pursuant to Section 99243.

(2) The entity conducting the fiscal audit pursuant to Section
99245.

(3) The entity conducting the performance audit pursuant to
Section 99246.

(e) The restrictions in this section shall not apply to the
allocation of funds made pursuant to Sections 99313 and 99314
after January 1, 2010, and through the begin delete 2014-15 end delete begin insert 2015- end insert begin insert 16 end insert fiscal
year.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 185033.5 is added to the end insert begin insert Public Utilities Code end insert begin insert ,
to read: end insert

begin insert

begin insert 185033.5. end insert   

On or before March 1, 2017, and every two years
thereafter, the authority shall provide a project update report,
approved by the Secretary of Transportation as consistent with
the criteria in this section, to the budget committees and the
appropriate policy committees of both houses of the Legislature,
on the development and implementation of intercity high-speed
train service pursuant to Section 185030. The report, at a
minimum, shall include a programwide summary, as well as details
by project segment, with all information necessary to clearly
describe the status of the project, including, but not limited to, all
of the following:

(a) A summary describing the overall progress of the project.

(b) The baseline budget for all project phase costs, by segment
or contract, beginning with the California High-Speed Rail
Program Revised 2012 Business Plan.

(c) The current and projected budget, by segment or contract,
for all project phase costs.

(d) Expenditures to date, by segment or contract, for all project
phase costs.

(e) A comparison of the current and projected work schedule
and the baseline schedule contained in the California High-Speed
Rail Program Revised 2012 Business Plan.

(f) A summary of milestones achieved during the prior two-year
period and milestones expected to be reached in the coming
two-year period.

(g) Any issues identified during the prior two-year period and
actions taken to address those issues.

(h) A thorough discussion of risks to the project and steps taken
to mitigate those risks.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 185035 of the end insert begin insert Public Utilities Code end insert begin insert is amended
to read: end insert

185035.  

(a) The authority shall establish an independent peer
review group for the purpose of reviewing the planning,
engineering, financing, and other elements of the authority’s plans
and issuing an analysis of appropriateness and accuracy of the
authority’s assumptions and an analysis of the viability of the
authority’s financing plan, including the funding plan for each
corridor required pursuant to subdivision (b) of Section 2704.08
of the Streets and Highways Code.

(b) The peer review group shall include all of the following:

(1) Two individuals with begin insert education and end insert experience in the
begin insert planning and end insert construction begin delete or operation end delete of begin insert large transportation
systems, such as end insert high-speed begin delete trains in Europe, Asia, or both, end delete begin insert rail,
or highway systems with similar characteristics, end insert designated by the
Treasurer.

(2) Two individuals, one with experience in engineering and
construction of high-speed begin delete trains end delete begin insert rail or similar large infrastructure
projects end insert and one with experience in project begin insert planning and end insert finance,
designated by the Controller.

(3) One representative from a financial services or financial
consulting firm who shall not have been a contractor or
subcontractor of the authority for the previous three years,
designated by the Director of Finance.

(4) One representative with experience in environmental
planning, designated by the Secretary of Transportation.

(5) Two begin delete expert representatives from agencies end delete begin insert individuals with
experience end insert providing begin insert or governing end insert intercity or commuter passenger
train services in California, designated by the Secretary of
Transportation.

(c) The peer review group shall evaluate the authority’s funding
plans and prepare its independent judgment as to the feasibility
and reasonableness of the plans, appropriateness of assumptions,
analyses, and estimates, and any other observations or evaluations
it deems necessary.

(d) The authority shall provide the peer review group any and
all information that the peer review group may request to carry
out its responsibilities.

(e) The peer review group shall report its findings and
conclusions to the Legislature no later than 60 days after receiving
the plans.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 7104.4 of the end insert begin insert Revenue and Taxation Code end insert begin insert is
repealed. end insert

begin delete

7104.4.  

All remaining obligations of the Transportation
Investment Fund as of July 1, 2010, that cannot be funded with
resources in that fund shall become obligations of the State
Highway Account.

end delete

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 7104.4 is added to the end insert begin insert Revenue and Taxation
Code end insert begin insert , to read: end insert

begin insert

begin insert 7104.4. end insert   

(a) The State Highway Account in the State
Transportation Fund is the successor account to the Transportation
Investment Fund.

(b) All assets and liabilities of the Transportation Investment
Fund shall become assets and liabilities of the State Highway
Account on or before June 30, 2016.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 73.1 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

73.1.  

The commission may relinquish begin delete any portion of end delete State
Route 275 begin delete that has been agreed to by a city end delete begin insert , the Tower Bridge, to
one or more cities end insert in which it is located begin insert , upon agreement of the
city or cities to accept it and end insert pursuant to those terms the
commission finds to be in the best interest of the state. A
relinquishment under this section shall become effective upon the
first day of the next calendar or fiscal year, whichever occurs first,
after the effective date of the commission’s approval of the terms.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 73.2 is added to the end insert begin insert Streets and Highways
Code end insert begin insert , to read: end insert

begin insert

begin insert 73.2. end insert   

(a) State Route 275, the Tower Bridge, shall be deemed
to be in a state of good repair for purposes of relinquishment
pursuant to Section 73.1, provided that the bridge is not
structurally deficient and is rated as satisfactory pursuant to the
National Bridge Index.

(b) This section shall become inoperative on July 1, 2016, and,
as of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 156.1 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

156.1.  

begin insert (a) end insert begin insert   end insert The Director of Transportation shall prepare an
annual report describing the status of the department’s progress
in locating, assessing, and remediating barriers to fish passage.
This report shall be given to the Legislature by October 31 of each
year through the year begin delete 2020. end delete begin insert 2025. end insert

begin insert (b) end insert begin insert   end insert begin insert Each report issued after October 31, 2016, shall include a
status report on the remediation of barriers to fish passage on
projects that have been identified pursuant to Section 156.5. The
status report shall include, but is not limited to, all of the following
information regarding a project identified pursuant to Section
156.5: end insert

begin insert

(1) Any updated information received by the department from
the Department of Fish and Wildlife regarding the barriers to fish
passage on the project.

end insert begin insert

(2) Whether funding has been committed to the project.

end insert begin insert

(3) The source of any funding for the project.

end insert begin insert

(4) The budget summary of the project.

end insert begin insert

(5) The status of inspections of culverts to ensure they are
functioning properly and any other actions by the department to
assess or remediate barriers to fish passage on the project.

end insert begin insert

(6) The applicable program initiation document work plan
review.

end insert begin insert

(7) The estimated completion date for the project.

end insert

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 156.5 is added to the end insert begin insert Streets and Highways
Code end insert begin insert , to read: end insert

begin insert

begin insert 156.5. end insert   

(a) The Department of Fish and Wildlife shall identify
projects described in this article that present the most significant
barriers to fish passage.

(b) The department shall prioritize and expedite the remediation
of barriers to fish passage on projects identified pursuant to
subdivision (a).

(c) For the 2015-16 fiscal year, the sum of five million dollars
($5,000,000) is hereby appropriated from the State Highway
Account in the State Transportation Fund to the Department of
Transportation for the identification and remediation of
high-priority fish passages consistent with this section and Section
156.1.

end insert

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 157.2 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

157.2.  

begin insert (a) end insert begin insert   end insert The net proceeds of bonds issued under this article
shall be deposited in the Clean Renewable Energy Bonds
Subaccount, which is hereby established as a special trust fund in
the Special Deposit Fund created pursuant to Section 16370 of the
Government Code.

begin insert

(b) On or before July 1, 2015, any remaining moneys in the
subaccount shall be transferred to the State Highway Account in
the State Transportation Fund.

end insert

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 894.6 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

894.6.  

begin insert (a) end insert begin insert   end insert The Pedestrian Safety Account is hereby established
in the State Transportation Fund for expenditure by the department,
upon appropriation, for the purposes of funding grants awarded
pursuant to Section 894.7.

begin insert

(b) All assets and liabilities of the Pedestrian Safety Account
shall become assets and liabilities of the State Highway Account
before January 1, 2016.

end insert

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 894.9 is added to the end insert begin insert Streets and Highways
Code end insert begin insert , to read: end insert

begin insert

begin insert 894.9. end insert   

This article shall remain in effect only until January 1,
2016, and as of that date is repealed.

end insert

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 2106.6 is added to the end insert begin insert Streets and Highways
Code end insert begin insert , to read: end insert

begin insert

begin insert 2106.6. end insert   

The Sacramento County Board of Supervisors may
allocate up to seven hundred thousand dollars ($700,000) from
revenues apportioned to Sacramento County pursuant to Sections
2103, 2104, 2105, and 2106, or from other transportation funds
available to the county, or from any combination of those funds,
for the purpose of building a soundwall in and around the Walerga
Park area adjacent to State Route 80 in Sacramento County.

end insert

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 5205.5 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

5205.5.  

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

(1) A vehicle that meets California’s super ultra-low emission
vehicle (SULEV) standard for exhaust emissions and the federal
inherently low-emission vehicle (ILEV) evaporative emission
standard, as defined in Part 88 (commencing with Section
88.101-94) of Title 40 of the Code of Federal Regulations.

(2) A vehicle that was produced during the 2004 begin delete model-year end delete
begin insert model year end insert or earlier and meets California’s ultra-low emission
vehicle (ULEV) standard for exhaust emissions and the federal
ILEV standard.

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

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

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

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

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

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

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

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

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

(f) (1) Except as provided in paragraph (2), for purposes of
paragraph (3) of subdivision (a), the department shall issue no
more than begin delete 70,000 end delete begin insert 85,000 end insert distinctive decals, labels, or other
identifiers that clearly distinguish a vehicle specified in paragraph
(3) of subdivision (a).

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

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

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

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

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

(h) (1) Notwithstanding Section 21655.9, and except as
provided in paragraph (2), a vehicle described in subdivision (a)
that displays a decal, label, or identifier issued pursuant to this
section shall be granted a toll-free or reduced-rate passage in
high-occupancy toll lanes as described in Section 149.7 of the
Streets and Highways Code unless prohibited by federal law.

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

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

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

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

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

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 22352 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

22352.  

The prima facie limits are as follows and shall be
applicable unless changed as authorized in this code and, if so
changed, only when signs have been erected giving notice thereof:

(a) Fifteen miles per hour:

(1) When traversing a railway grade crossing, if during the last
100 feet of the approach to the crossing the driver does not have
a clear and unobstructed view of the crossing and of any traffic on
the railway for a distance of 400 feet in both directions along the
railway. This subdivision does not apply in the case of any railway
grade crossing where a human flagman is on duty or a clearly
visible electrical or mechanical railway crossing signal device is
installed but does not then indicate the immediate approach of a
railway train or car.

(2) When traversing any intersection of highways if during the
last 100 feet of the driver’s approach to the intersection the driver
does not have a clear and unobstructed view of the intersection
and of any traffic upon all of the highways entering the intersection
for a distance of 100 feet along all those highways, except at an
intersection protected by stop signs or yield right-of-way signs or
controlled by official traffic control signals.

(3) On any alley.

(b) Twenty-five miles per hour:

(1) On any highway other than a state highway, in any business
or residence district unless a different speed is determined by local
authority under procedures set forth in this code.

(2) When approaching or passing a school building or the
grounds thereof, contiguous to a highway and posted with a
standard “SCHOOL” warning sign, while children are going to or
leaving the school either during school hours or during the noon
recess period. The prima facie limit shall also apply when
approaching or passing any school grounds which are not separated
from the highway by a fence, gate, or other physical barrier while
the grounds are in use by children and the highway is posted with
a standard “SCHOOL” warning sign. For purposes of this
subparagraph, standard “SCHOOL” warning signs may be placed
at any distance up to 500 feet away from school grounds.

(3) When passing a senior center or other facility primarily used
by senior citizens, contiguous to a street other than a state highway
and posted with a standard “SENIOR” warning sign. A local
authority may erect a sign pursuant to this paragraph when the
local agency makes a determination that the proposed signing
should be implemented. A local authority may request grant
funding from the begin delete Pedestrian Safety Account end delete begin insert Active Transportation
Program end insert pursuant to begin insert Chapter 8 (commencing with end insert Section begin delete 894.7 end delete
begin insert 2380) of Division 3 end insert of the Streets and Highways Code, or any other
grant funding available to it, and use that grant funding to pay for
the erection of those signs, or may utilize any other funds available
to it to pay for the erection of those signs, including, but not limited
to, donations from private sources.

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Item 2665-306-6043 of Section 2.00 of the end insert begin insert Budget
Act of 2012 end insert begin insert (Chapter 21 of the Statues of 2012), as added by
Section 9 of Chapter 152 of the Statutes of 2012, is amended to
read: end insert

 

2665-306-6043--For capital outlay, High-Speed Rail Authority, payable from the High-Speed Passenger Train Bond Fund

2,609,076,000

Schedule:

(1)

20.01.010-Initial Operating Segment, Section 1--Acquisition and Build

2,609,076,000

Provisions:

1.

The project identified in this item may be managed by the High-Speed Rail Authority.

2.

The expenditure of funds appropriated in this item are governed by Section 13332.19 of the Government Code. The project identified in this item is subject to review and oversight by the State Public Works Board. The project may be implemented using several design-build contracts, each of which will have its own set of performance criteria or performance criteria and concept drawings. Funds appropriated for the build portion of this project may only be expended after the Department of Finance and the State Public Works Board have approved performance criteria or performance criteria and concept drawings for the design-build contract. These approvals may be provided for each design-build contract, from time to time, and build funds associated with that design-build contract may be expended at that time.

3.

Notwithstanding Section 1.80, the appropriation made in this item is available for encumbrance until June 30, 2018.

begin delete 4. end delete

begin delete On or before March 1 and November 15 of each year for which funding appropriated in this item is encumbered, the High-Speed Rail Authority shall provide a Project Update Report approved, as consistent with the criteria in this provision, by the Secretary of Business, Transportation and Housing to the budget committees and the appropriate policy committees of both houses of the Legislature on the development and implementation of intercity high-speed train service pursuant to Section 185030 of the Public Utilities Code. The report, at a minimum, shall include a programwide summary, as well as details by project segment, with all information necessary to clearly describe the status of the project, including, but not limited to, all of the following: end delete

begin delete (a) end delete

begin delete A summary describing the overall progress of the project. end delete

begin delete (b) end delete

begin delete The baseline budget for all project phase costs, by segment or contract, beginning with the California High-Speed Rail Program Revised 2012 Business Plan. end delete

begin delete (c) end delete

begin delete The current and projected budget, by segment or contract, for all project phase costs. end delete

begin delete (d) end delete

begin delete Expenditures to date, by segment or contract, for all project phase costs. end delete

begin delete (e) end delete

begin delete A comparison of the current and projected work schedule and the baseline schedule contained in the California High-Speed Rail Program Revised 2012 Business Plan. end delete

begin delete (f) end delete

begin delete A summary of milestones achieved during the prior year and milestones expected to be reached in the coming year. end delete

begin delete (g) end delete

begin delete Any issues identified during the prior year and actions taken to address those issues. end delete

begin delete (h) end delete

begin delete A thorough discussion of various risks to the project and steps taken to mitigate those risks. end delete

begin delete 5. end delete

begin delete (a) end delete

begin delete With respect to contracts scheduled to be awarded in December 2012 to commence construction of the first construction segment of the initial operating section of the high-speed rail system, as described in the California High-Speed Rail Program Revised 2012 Business Plan adopted by the authority on April 12, 2012 (revised business plan), the authority shall submit the following reports approved, as consistent with the criteria in this provision, by the Secretary of Business, Transportation and Housing to the Senate Committee on Transportation and Housing, the Assembly Committee on Transportation, and the Senate and Assembly committees on budget: end delete

begin delete (1) end delete

begin delete By October 1, 2012, prior to awarding a contract to commence construction of the first construction segment or committing funds for the contract, and prior to advertising contracts to be awarded for the first construction segment in September 2013 and October 2013, a comprehensive staff management report that includes: end delete

begin delete (i) end delete

begin delete An organizational chart for the authority, detailed description of each executive manager’s function and responsibilities, summary of staffing changes in the preceding year, a strategy for filling vacancies and the recruitment and staffing plans for the 2012-13 fiscal year. end delete

begin delete (ii) end delete

begin delete The management approach, including number, skill level, position, and hiring and retention plan of staff and outside consultants required to adequately oversee each of the planned construction contracts funded in this act. end delete

begin delete (iii) end delete

begin delete Proposed steps and procedures that will be employed to ensure adequate oversight and management of contractors involved in the construction contracts funded in this act. end delete

begin delete (iv) end delete

begin delete Procedures to detect and prevent contract splitting. end delete

begin delete (2) end delete

begin delete Prior to awarding a contract to commence construction of the first construction segment, a report certifying that the amount awarded under the contract is within the budgeted funding and is consistent with the completion schedule deadlines set by the federal Department of Transportation. end delete

begin delete (b) end delete

begin delete Each of the reports required pursuant to subdivision (a) for the contracts described in that subdivision shall also be required with respect to the contract scheduled to be awarded in March 2017. The authority shall submit the reports for those contracts no later than 60 days prior to advertising for bids on each contract. end delete

7.

Sixty days prior to awarding the contracts scheduled to be awarded in December 2012 to commence construction of the first construction segment of the initial operating section, the High-Speed Rail Authority shall fill the positions of chief executive officer, risk manager, chief program manager, and chief financial officer and report those hiring to the Joint Legislative Budget Committee.

8.

Prior to awarding the contracts scheduled to be awarded in December 2012 to commence construction of the first construction segment of the initial operating section, the High-Speed Rail Authority shall prepare and submit a report approved, as consistent with the criteria in this provision, by the Secretary of begin delete Business, end delete Transportation begin delete and Housing end delete to the Senate Committee on Transportation and Housing, the Assembly Committee on Transportation, and the Senate and Assembly committees on budget detailing elements of risk in the high-speed rail project, including all of the following:

(a)

A comprehensive risk management plan that defines roles and responsibilities for risk management and addresses the process by which the authority will identify and quantify project risks, implement and track risk response activities, and monitor and control risks throughout the duration of each project.

(b)

Quantification of the effect of identified risks in financial terms.

(c)

Development documents to track identified risks and related mitigation steps.

(d)

Plans for regularly updating its estimates of capital and support costs.

(e)

Plans for regularly reassessing its reserves for potential claims and unknown risks, incorporating information related to risks identified and quantified through its risk assessment processes.

(f)

Plans for regularly integrating estimates for capital, support costs, and contingency reserves in required reports.

9.

The High-Speed Rail Authority shall, as part of its January 1, 2014, Business Plan, include: a proposed approach for improving (a) demand projections, (b) operations and maintenance cost models, and (c) benefit-cost analysis as applied to future project decisions. The authority shall also submit a copy of the study by the Union Internationale des Chemins de Fer (the international union of railways) examining how the authority’s estimated operating costs for high-speed rail compare to high-speed rail systems in other countries. These business plan components approved, as consistent with the criteria in this provision, by the Secretary of begin delete Business, end delete Transportation begin delete and Housing end delete shall be based on recommendations of the authority’s peer review panel, advice from the domestic and international rail community, and external academic review.

10.

On or before June 30, 2013, the High-Speed Rail Authority shall prepare and submit a report approved, as consistent with the criteria in this provision, by the Secretary of begin delete Business, end delete Transportation begin delete and Housing end delete that provides an analysis of the net impact of the high-speed rail program on the state’s greenhouse gas emissions. The report shall be submitted to the Senate Committee on Transportation and Housing, the Assembly Committee on Transportation, and the Senate and Assembly committees on budget.

11.

Within 10 days of executing a valid memorandum of understanding (MOU) with regional transportation agencies relative to the Northern California Unified Service, the High-Speed Rail Authority shall make a copy of the MOU available to the Senate Committee on Transportation and Housing, the Assembly Committee on Transportation, and the Senate and Assembly committees on budget.

12.

The safeguards and oversight rules and processes of Sections 13332.11 or 13332.19 of the Government Code, as appropriate, shall apply to the High-Speed Rail Authority.

13.

The funds appropriated in this item shall only be made available for expenditure upon the enactment of an appropriation of $106,000,000 in Item 2660-304-6043, an appropriation of $713,333,000 in Item 2660-104-6043 for “Connectivity” funding, and an appropriation of $1,100,000,000 in Item 2665-104-6043 for “Bookend” funding, as articulated in the 2012 High-Speed Rail Authority Final Business Plan.

 

begin insert

begin insert SEC. 17. end insert   

end insert begin insert

The Department of Transportation shall prepare a
report examining improvements to safety, reduction of greenhouse
gas emissions, and improvements to intercity rail passenger service
levels that could be achieved through investments in improvements
to grade level crossings or construction of grade separation
projects at key intersections along state-sponsored intercity rail
routes. For purposes of this report, “key intersections” means
intersections identified in the Federal Railroad Administration’s
Web Accident Prediction System with a predicted collision risk of
0.15 or greater. The report shall be provided to the Legislature
on or before April 1, 2016, in the manner provided in Section 9795
of the Government Code.

end insert

begin insert

begin insert SEC. 18. end insert   

end insert begin insert

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

end insert

begin delete

SECTION 1.  

It is the intent of the Legislature to enact statutory
changes relating to the Budget Act of 2015.

end delete