Amended in Assembly January 4, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1340


Introduced by Assembly Member Chau

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(Coauthor: Senator Mendoza)

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February 27, 2015


An act tobegin delete add and repeal Section 37420.5 of the Government Code, and to add and repeal Section 10051.5 of the Public Utilities Code, relating to water utilities, and declaring the urgency thereof, to take effect immediately.end deletebegin insert amend Section 35400 of the Vehicle Code, relating to vehicles.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1340, as amended, Chau. begin deleteLocal government: sale of water utility property. end deletebegin insertVehicles: buses.end insert

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Existing law imposes a 40-foot limitation on the length of vehicles that may be operated on the highways, with specified exemptions. Existing law exempts from this limitation a bus, except a schoolbus, operated by a public agency or a passenger stage corporation, as defined, used in transit system service if the bus is equipped with a folding device attached to the front of the bus that is designed and used exclusively for transporting bicycles, the device does not materially affect efficiency or visibility of vehicle safety equipment, and the length of the bus, exclusive of that device, does not exceed 40 feet in length. In addition, existing law prohibits, among other things, the above-described device from extending more than 40 inches from the front body of the bus when fully deployed.

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This bill would instead prohibit the above-described device from extending more than 40 inches from the front of the bus.

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Existing law provides a procedure that is generally applicable for a city to sell its real property. Existing law also establishes specific procedures for the sale of public utility property owned by a municipal corporation with certain provisions applicable to the sale of property of a water utility.

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This bill would authorize the City of Montebello to sell all or part of its water utility pursuant to the procedures that are generally applicable to a sale of real property by a city, if certain requirements are met.

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This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Montebello.

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This bill would declare that it is to take effect immediately as an urgency statute.

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Vote: begin delete23 end deletebegin insertmajorityend insert. Appropriation: no. Fiscal committee: begin deleteyes end deletebegin insertnoend insert. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

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begin insertSection 35400 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
2read:end insert

3

35400.  

(a) A vehicle may not exceed a length of 40 feet.

4(b) This section does not apply to any of the following:

5(1) A vehicle used in a combination of vehicles when the excess
6length is caused by auxiliary parts, equipment, or machinery not
7used as space to carry any part of the load, except that the
8combination of vehicles shall not exceed the length provided for
9combination vehicles.

10(2) A vehicle, when the excess length is caused by any parts
11necessary to comply with the fender and mudguard regulations of
12this code.

13(3) (A) An articulated bus or articulated trolley coach that does
14not exceed a length of 60 feet.

15(B) An articulated bus or articulated trolley coach described in
16subparagraph (A) may be equipped with a folding device attached
17to the front of the bus or trolley if the device is designed and used
18exclusively for transporting bicycles. The device, including any
19bicycles transported thereon, shall be mounted in a manner that
20does not materially affect efficiency or visibility of vehicle safety
21equipment, and shall not extend more than 36 inches from the front
22body of the bus or trolley coach when fully deployed. The
23handlebars of a bicycle that is transported on a device described
P3    1in this subparagraph shall not extend more than 42 inches from
2the front of the bus.

3(4) A semitrailer while being towed by a motortruck or truck
4tractor, if the distance from the kingpin to the rearmost axle of the
5semitrailer does not exceed 40 feet for semitrailers having two or
6more axles, or 38 feet for semitrailers having one axle if the
7semitrailer does not, exclusive of attachments, extend forward of
8the rear of the cab of the motortruck or truck tractor.

9(5) A bus or house car when the excess length is caused by the
10projection of a front safety bumper or a rear safety bumper, or
11both. The safety bumper shall not cause the length of the vehicle
12to exceed the maximum legal limit by more than one foot in the
13front and one foot in the rear. For the purposes of this chapter,
14“safety bumper” means any device that is fitted on an existing
15bumper or which replaces the bumper and is constructed, treated,
16or manufactured to absorb energy upon impact.

17(6) A schoolbus, when the excess length is caused by the
18projection of a crossing control arm. For the purposes of this
19chapter, “crossing control arm” means an extendable and retractable
20device fitted to the front of a schoolbus that is designed to impede
21movement of pupils exiting the schoolbus directly in front of the
22schoolbus so that pupils are visible to the driver while they are
23moving in front of the schoolbus. An operator of a schoolbus shall
24not extend a crossing control arm while the schoolbus is in motion.
25Except when activated, a crossing control arm shall not cause the
26maximum length of the schoolbus to be extended by more than 10
27inches, inclusive of any front safety bumper. Use of a crossing
28control arm by the operator of a schoolbus does not, in and of
29itself, fulfill his or her responsibility to ensure the safety of students
30crossing a highway or private road pursuant to Section 22112.

31(7) A bus, when the excess length is caused by a device, located
32in front of the front axle, for lifting wheelchairs into the bus. That
33device shall not cause the length of the bus to be extended by more
34than 18 inches, inclusive of any front safety bumper.

35(8) A bus, when the excess length is caused by a device attached
36to the rear of the bus designed and used exclusively for the
37transporting of bicycles. This device may be up to 10 feet in length,
38if the device, along with any other device permitted pursuant to
39this section, does not cause the total length of the bus, including
40any device or load, to exceed 50 feet.

P4    1(9) A bus operated by a public agency or a passenger stage
2corporation, as defined in Section 226 of the Public Utilities Code,
3used in transit system service, other than a schoolbus, when the
4excess length is caused by a folding device attached to the front
5of the bus which is designed and used exclusively for transporting
6bicycles. The device, including any bicycles transported thereon,
7shall be mounted in a manner that does not materially affect
8efficiency or visibility of vehicle safety equipment, and shall not
9extend more than 40 inches from the frontbegin delete bodyend delete of the bus when
10fully deployed. The handlebars of a bicycle that is transported on
11a device described in this paragraph shall not extend more than 46
12inches from the front of the bus. A device described in this
13paragraph may not be used on a bus that, exclusive of the device,
14exceeds 40 feet in length or on a bus having a device attached to
15the rear of the bus pursuant to paragraph (8).

16(10) (A) A bus of a length of up to 45 feet when operating on
17those highways specified in subdivision (a) of Section 35401.5.
18The Department of Transportation or local authorities, with respect
19to highways under their respective jurisdictions, may not deny
20reasonable access to a bus of a length of up to 45 feet between the
21highways specified in subdivision (a) of Section 35401.5 and points
22of loading and unloading for motor carriers of passengers as
23required by the federal Intermodal Surface Transportation
24Efficiency Act of 1991 (Public Law 102-240).

25(B) A bus operated by a public agency and on those highways
26specified in subparagraph (A) may be equipped with a folding
27device attached to the front of the bus that is designed and used
28exclusively for transporting bicycles. The device, including all
29bicycles transported thereon, may be mounted in a manner that
30does not materially affect efficiency or visibility of vehicle safety
31equipment, and may not extend more than 36 inches from the front
32body of the bus when fully deployed. The handlebars of a bicycle
33that is transported on a device described in this subparagraph may
34not extend more than 42 inches from the front of the bus. The total
35length of the bus, including the folding device or load, may not
36exceed 48.5 feet. A Route Review Committee, established under
37this subparagraph, shall review the routes where a public agency
38proposes to operate a 45-foot bus equipped with a front-mounted
39bicycle rack. The Route Review Committee shall be comprised of
40one member from the public agency appointed by the general
P5    1manager of the public agency; one member who is a traffic engineer
2and is employed and selected by the public agency that has
3jurisdiction over the largest proportional share of routes among
4all affected agencies; and one member appointed by the labor
5organization that is the exclusive representative of the bus drivers
6of the public agency. If there is no exclusive representative of the
7bus drivers, a bus driver member shall be chosen by a majority
8vote of the bus drivers employed by the agency. The members of
9the Route Review Committee shall be selected not more than 30
10days after receipt of a public agency proposal to equip a 45-foot
11bus with a front-mounted bicycle rack. The review shall include
12a field review of the proposed routes. The purpose of the Route
13Review Committee is to ensure the safe operation of a 45-foot bus
14that is equipped with a front-mounted bicycle rack. The Route
15Review Committee, by a unanimous vote, shall make a
16determination of which routes are suitable for the safe operation
17of a 45-foot bus that is equipped with a front-mounted bicycle
18rack. These determinations shall be consistent with the operating
19requirements specified in subparagraph (A). It is the intent of the
20Legislature that the field review required under this subparagraph
21include consultation with traffic engineers from affected public
22agencies that have jurisdiction over segments of the route or routes
23under review, to ensure coordination with all affected state and
24local public road agencies that may potentially be impacted due
25to the operation of a 45-foot bus with a front-mounted bicycle
26rack.

27(11) (A) A house car of a length of up to 45 feet when operating
28on the National System of Interstate and Defense Highways or
29when using those portions of federal aid primary system highways
30that have been qualified by the United States Secretary of
31Transportation for that use, or when using routes appropriately
32identified by the Department of Transportation or local authorities,
33with respect to highways under their respective jurisdictions.

34(B) A house car described in subparagraph (A) may be operated
35on a highway that provides reasonable access to facilities for
36purposes limited to fuel, food, and lodging when that access is
37consistent with the safe operation of the vehicle and when the
38facility is within one road mile of identified points of ingress and
39egress to or from highways specified in subparagraph (A) for use
40by that vehicle.

P6    1(C) As used in this paragraph and paragraph (10), “reasonable
2access” means access substantially similar to that authorized for
3combinations of vehicles pursuant to subdivision (c) of Section
435401.5.

5(D) Any access route established by a local authority pursuant
6to subdivision (d) of Section 35401.5 is open for access by a house
7car of a length of up to 45 feet. In addition, local authorities may
8establish a process whereby access to services by house cars of a
9length of up to 45 feet may be applied for upon a route not
10previously established as an access route. The denial of a request
11for access to services shall be only on the basis of safety and an
12engineering analysis of the proposed access route. In lieu of
13processing an access application, local authorities, with respect to
14highways under their jurisdiction, may provide signing, mapping,
15or a listing of highways, as necessary, to indicate the use of these
16specific routes by a house car of a length of up to 45 feet.

17(c) The Legislature, by increasing the maximum permissible
18kingpin to rearmost axle distance to 40 feet effective January 1,
191987, as provided in paragraph (4) of subdivision (b), does not
20intend this action to be considered a precedent for any future
21increases in truck size and length limitations.

22(d) Any transit bus equipped with a folding device installed on
23or after January 1, 1999, that is permitted under subparagraph (B)
24of paragraph (3) of subdivision (b) or under paragraph (9) of
25subdivision (b) shall be additionally equipped with any of the
26following:

27(1) An indicator light that is visible to the driver and is activated
28whenever the folding device is in an extended position.

29(2) Any other device or mechanism that provides notice to the
30driver that the folding device is in an extended position.

31(3) A mechanism that causes the folding device to retract
32automatically from an extended position.

33(e) (1) A person may not improperly or unsafely mount a
34bicycle on a device described in subparagraph (B) of paragraph
35(3) of subdivision (b), or in paragraph (9) or (10) of subdivision
36(b).

37(2) Notwithstanding subdivision (a) of Section 23114 or
38subdivision (a) of Section 24002 or any other provision of law,
39when a bicycle is improperly or unsafely loaded by a passenger
40onto a transit bus, the passenger, and not the driver, is liable for
P7    1any violation of this code that is attributable to the improper or
2unlawful loading of the bicycle.

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SECTION 1.  

Section 37420.5 is added to the Government
4Code
, to read:

5

37420.5.  

(a) The City of Montebello may sell all or part of its
6water utility pursuant to this article as provided in Section 10051.5
7of the Public Utilities Code.

8(b) This section shall remain in effect only until July 1, 2017,
9and as of that date is repealed, unless a later enacted statute, that
10is enacted before July 1, 2017, deletes or extends that date.

11

SEC. 2.  

Section 10051.5 is added to the Public Utilities Code,
12to read:

13

10051.5.  

(a) Notwithstanding any other provision of this
14article, the City of Montebello may sell all or part of its water
15utility property pursuant to Article 3 (commencing with Section
1637420) of Chapter 5 of Part 2 of Division 3 of Title 4 of the
17Government Code, subject and pursuant to the following additional
18provisions, limitations, and requirements:

19(1) The governing body of the city shall not sell the water utility
20property for less than its fair market value determined as set forth
21in the Public Water System Investment and Consolidation Act of
221997 (Chapter 2.5 (commencing with Section 2718) of Part 2 of
23Division 1).

24(2) A majority of the members of the governing body of the city
25 must approve the sale.

26(3) The entity acquiring the water utility property shall be a
27public utility, as defined in Section 216, which is presently
28authorized by the commission to provide water utility service
29within the corporate limits of the city pursuant to a certificate of
30public convenience and necessity and the area of the one or more
31certificates includes or surrounds all or part of the city’s water
32utility system.

33(4) As a condition of acquiring the city’s water system, the
34acquiring public utility shall file a revised service area map with
35the commission that shows the area formerly served through the
36city’s water utility system as part of the acquiring public utility’s
37service area. The acquiring public utility shall submit the map by
38filing a tier-one advice letter with the commission and, upon this
39filing, shall be deemed authorized and bound to render public
40utility water service to all persons in the area formerly served
P8    1through the city’s water utility system on the same terms,
2conditions, and rates that the commission has found to be just and
3reasonable for the acquiring public utility’s other customers in the
4city.

5(b) This section shall remain in effect only until July 1, 2017,
6and as of that date is repealed, unless a later enacted statute, that
7is enacted before July 1, 2017, deletes or extends that date.

8

SEC. 3.  

The Legislature finds and declares that a special law
9is necessary and that a general law cannot be made applicable
10within the meaning of Section 16 of Article IV of the California
11Constitution because of the unique circumstances applicable to
12the City of Montebello. The City Council of the City of Montebello
13believes it is no longer in the public interest to own and operate
14all or part of a water utility and desires to sell its water utility.
15However, the city would be unable to do so in a timely manner
16because the Legislature has enacted statutes that may conflict with
17one another and with the City of Montebello’s urgent financial
18requirements, thereby preventing the City of Montebello from
19selling and the acquiring public utility from purchasing the water
20utility without an election and performance of other procedures.
21In order to clearly state the law with respect to the City of
22Montebello, a special statute is needed and a general statute cannot
23be made applicable.

24

SEC. 4.  

This act is an urgency statute necessary for the
25immediate preservation of the public peace, health, or safety within
26the meaning of Article IV of the Constitution and shall go into
27immediate effect. The facts constituting the necessity are:

28The City of Montebello’s water utility infrastructure is aging
29and is experiencing numerous leaks and equipment failures. The
30aging and failing water utility infrastructure impairs the safety and
31reliability of the city’s water utility system, including its ability to
32provide water for public fire-fighting purposes. The city’s water
33utility serves only a small fraction of the city’s residents and is
34losing money despite significant recent rate increases. The city’s
35budget and general fund cannot make up for that revenue shortfall
36or the cost of the urgently needed water supply infrastructure
37upgrades and repairs of its water utility system. The City of
38Montebello desires to sell all or part of the city-owned water utility
39to a public utility capable of operating, managing, and upgrading
40the water system while financial conditions are favorable to the
P9    1city, however, the Legislature has adopted statutes governing the
2sale of municipal property which may conflict with each other and
3the urgent needs of the city. In order to provide the City of
4Montebello with the clear statutory authority to sell its water utility
5without an election as soon as possible, it is necessary that this act
6take effect immediately.

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