California Legislature—2015–16 Regular Session

Assembly BillNo. 1353


Introduced by Assembly Member Patterson

February 27, 2015


An act to amend Section 220.5 of the Streets and Highways Code, relating to highway rest areas.

LEGISLATIVE COUNSEL’S DIGEST

AB 1353, as introduced, Patterson. Highway rest areas: vending machines: utility costs.

Existing law requires the Department of Transportation to authorize the placement of vending machines in safety roadside rests, except as specified, and requires the department to give preference in the placement of those vending machines to vendors operating under the Business Enterprises Program for the Blind. Existing law requires the department to determine the costs for specified activities, including any maintenance and operation, related to the vending machines and requires that the department be reimbursed for those costs from the revenues derived from the operation of the machines.

This bill would prohibit the department from being reimbursed for utility costs incurred by vendors operating under the Business Enterprises Program for the Blind and would require the department to pay for those utility costs using state funds.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

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SECTION 1.  

Section 220.5 of the Streets and Highways Code
2 is amended to read:

3

220.5.  

(a) The department shall authorize the placement of
4vending machines in safety roadside rests, unless prohibited by
5federal laws, rules, or regulations.

6(b) The department, pursuant to provisions contained in
7paragraph (5) of subsection (a) of Section 2 of the Act of June 20,
81936, commonly known as the Randolph-Sheppard Act, as
9amended (20 U.S.C. Sec. 107a(a)(5)), shall give preference for the
10placement of vending machines in safety roadside rest areas along
11state highways to vendors operating under the Business Enterprises
12Program for the Blind in accordance with Article 5 (commencing
13with Section 19625) of Chapter 6 of Part 2 of Division 10 of the
14Welfare and Institutions Code.

15(c) The department may determine which safety roadside rest
16areas are suitable for inclusion in the vending machine program
17and the appropriate location within each roadside rest area for the
18placement of the machines, and the department shall approve the
19design and construction of any shelter or structure that may be
20required for the machines.

21(d) begin insert(1)end insertbegin insertend insert The department shall determine the costs for any
22maintenance, operations, design review, or other activities related
23to the vending machinesbegin delete andend deletebegin insert and, except as provided in paragraph
24(2),end insert
shall be reimbursed for those costs from the revenues derived
25from the operation of the machines.

begin insert

26(2) (A) The department shall not be reimbursed for utility costs
27incurred by vendors operating under the Business Enterprises
28Program for the Blind and shall pay for those utility costs using
29state funds.

end insert
begin insert

30(B) For purposes of this paragraph, “utility costs” includes
31fees incurred for providing electricity service, water service,
32sewage service, or any other similar service.

end insert

33(e) Any money received by the department for authorizing the
34placement of, or from the income from, the vending machines shall
35be transferred to the State Highway Account.



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