Senate BillNo. 491


Introduced by Committee on Transportation and Housing (Senators Beall (Chair), Allen, Bates, Cannella, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, and Wieckowski)

February 26, 2015


An act to amend Sections 14526.5 and 65074 of the Government Code, to amend Section 44241 of the Health and Safety Code, to amend Sections 182.6, 182.7, and 890.4 of the Streets and Highways Code, and to amend Sections 1808, 1808.1, 13558, 16020.1, 16020.2, and 24002 of the Vehicle Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

SB 491, as introduced, Committee on Transportation and Housing. Transportation: omnibus bill.

(1) Existing law authorizes certain air districts to impose a vehicle registration fee surcharge to be used for projects and programs to improve air quality. Existing law, in the area under the jurisdiction of the Bay Area Air Quality Management District, requires at least 40% of fee revenues to be proportionately allocated to each county within the district, and requires an entity receiving these revenues to hold at least one annual public meeting for the purpose of adopting criteria for expenditure of the funds and to review those expenditures.

This bill would delete the requirement for an annual public meeting to adopt criteria for expenditure of funds, unless the criteria have been modified from the previous year.

(2) Existing law requires the employers of drivers of certain types of vehicles, including vehicles for which the driver is required to have a Class C license with a hazardous materials endorsement, to enroll these drivers in the pull notice system under which the Department of Motor Vehicles notifies the employer of information appearing on a driver’s driving record.

This bill would require the employer to enroll in the pull notice system any driver of a vehicle for which a Class C license with any endorsement is required.

(3) Existing law, among other things, provides that it is unlawful to operate any vehicle or vehicle combination that is in an unsafe condition, or that is not safely loaded, and that presents an immediate safety hazard, or that is not equipped as required by the Vehicle Code.

This bill would prohibit a motor carrier from requiring a person to drive a commercial motor vehicle unless the person, by experience, training, or both, can determine whether transported cargo, including passenger baggage, has been properly located, distributed, and secured, as specified. The bill would prohibit a driver from operating a commercial motor vehicle unless the driver can demonstrate familiarity with the methods and procedures for securing cargo. The bill would also require motor carriers and commercial motor vehicle drivers to comply with certain federal motor carrier regulations. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program.

(4) Existing law generally requires drivers to show proof of financial responsibility to register their vehicles or upon the request of law enforcement, except that those requirements apply to residents of the Counties of Los Angeles and San Francisco only until January 1, 2016.

This bill would extend the proof of financial responsibility requirements to residents of those counties until January 1, 2020.

(5) Existing law classifies bikeways into various categories, including a Class IV bikeway, also known as a cycle track or separated bikeway, that provides a right-of-way designated exclusively for bicycle travel adjacent to a roadway and that is protected from vehicular traffic.

This bill would revise that description to delete the reference to a Class IV bikeway being protected from vehicular traffic and instead provide that it is separated from vehicular traffic.

(6) Existing law requires the Department of Transportation and regional transportation planning agencies to engage in various transportation planning activities, including the programming of transportation improvement projects. Existing federal law requires projects seeking federal funds to be in compliance with certain federal planning and programming requirements.

This bill would revise these provisions to refer to the current names of certain federal transportation programming documents, and would make various modifications to the dates by which regional transportation planning agencies and the department are required to adopt those documents.

(7) Existing law requires the Department of Transportation to prepare a state highway operation and protection program every other year for the expenditure of transportation capital improvement funds for projects that are necessary to preserve and protect the state highway system, excluding projects that add new traffic lanes. Existing law, for each project in the program, requires the department to specify capital and support budgets as well as a projected delivery date for certain project phases.

This bill would delete the requirement for the department to specify a projected delivery date for a project’s construction phase.

(8) This bill would also correct several erroneous cross-references.

(9) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

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

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

P3    1

SECTION 1.  

Section 14526.5 of the Government Code is
2amended to read:

3

14526.5.  

(a) Based on the asset management plan prepared
4and approved pursuant to Section 14526.4, the department shall
5prepare a state highway operation and protection program for the
6expenditure of transportation funds for major capital improvements
7that are necessary to preserve and protect the state highway system.
8Projects included in the program shall be limited to capital
9improvements relative to maintenance, safety, and rehabilitation
10of state highways and bridges that do not add a new traffic lane to
11the system.

12(b) The program shall include projects that are expected to be
13advertised prior to July 1 of the year following submission of the
14program, but which have not yet been funded. The program shall
P4    1include those projects for which construction is to begin within
2four fiscal years, starting July 1 of the year following the year the
3program is submitted.

4(c) The department, at a minimum, shall specify, for each project
5in the state highway operation and protection program, the capital
6and support budgetbegin insert for each of the following project componentsend insert,
7as well as a projected deliverybegin delete date,end deletebegin insert dateend insert forbegin delete each of the following
8projectend delete
componentsbegin insert (1), (2), and (3)end insert:

9(1) Completion of project approval and environmental
10documents.

11(2) Preparation of plans, specifications, and estimates.

12(3) Acquisition of rights-of-way, including, but not limited to,
13support activities.

14(4) Construction.

15(d) The program shall be submitted to the commission not later
16than January 31 of each even-numbered year. Prior to submitting
17the plan, the department shall make a draft of its proposed program
18available to transportation planning agencies for review and
19comment and shall include the comments in its submittal to the
20commission.

21(e) The commission may review the program relative to its
22overall adequacy, consistency with the asset management plan
23prepared and approved pursuant to Section 14526.4 and funding
24priorities established in Section 167 of the Streets and Highways
25Code, the level of annual funding needed to implement the
26program, and the impact of those expenditures on the state
27transportation improvement program. The commission shall adopt
28the program and submit it to the Legislature and the Governor not
29later than April 1 of each even-numbered year. The commission
30may decline to adopt the program if the commission determines
31that the program is not sufficiently consistent with the asset
32management plan prepared and approved pursuant to Section
3314526.4.

34(f) Expenditures for these projects shall not be subject to
35Sections 188 and 188.8 of the Streets and Highways Code.

36

SEC. 2.  

Section 65074 of the Government Code is amended
37to read:

38

65074.  

The Department of Transportation shall prepare, in
39cooperation with the metropolitan planningbegin delete agenciesend deletebegin insert organizationsend insert,
40a federalbegin insert statewideend insert transportation improvement program in
P5    1accordance with subsectionbegin delete (f)end deletebegin insert (g)end insert of Section 135 of Title 23 of
2the United States Code. The federalbegin insert statewideend insert transportation
3improvement program shall be submitted by the department to the
4United States Secretary of Transportation, bybegin delete Octoberend deletebegin insert Decemberend insert
5 1 of each even-numbered year.

6

SEC. 3.  

Section 44241 of the Health and Safety Code is
7amended to read:

8

44241.  

(a) Fee revenues generated under this chapter in the
9bay district shall be subvened to the bay district by the Department
10of Motor Vehicles after deducting its administrative costs pursuant
11to Section 44229.

12(b) Fee revenues generated under this chapter shall be allocated
13by the bay district to implement the following mobile source and
14transportation control projects and programs that are included in
15the plan adopted pursuant to Sections 40233, 40717, and 40919:

16(1) The implementation of ridesharing programs.

17(2) The purchase or lease of clean fuel buses for school districts
18and transit operators.

19(3) The provision of local feeder bus or shuttle service to rail
20and ferry stations and to airports.

21(4) Implementation and maintenance of local arterial traffic
22management, including, but not limited to, signal timing, transit
23signal preemption, bus stop relocation and “smart streets.”

24(5) Implementation of rail-bus integration and regional transit
25information systems.

26(6) Implementation of demonstration projects in telecommuting
27and in congestion pricing of highways, bridges, and public transit.
28No funds expended pursuant to this paragraph for telecommuting
29projects shall be used for the purchase of personal computing
30equipment for an individual’s home use.

31(7) Implementation of vehicle-based projects to reduce mobile
32source emissions, including, but not limited to, engine repowers,
33engine retrofits, fleet modernization, alternative fuels, and advanced
34technology demonstrations.

35(8) Implementation of a smoking vehicles program.

36(9) Implementation of an automobile buy-back scrappage
37program operated by a governmental agency.

38(10) Implementation of bicycle facility improvement projects
39that are included in an adopted countywide bicycle plan or
40congestion management program.

P6    1(11) The design and construction by local public agencies of
2physical improvements that support development projects that
3achieve motor vehicle emission reductions. The projects and the
4physical improvements shall be identified in an approved
5area-specific plan, redevelopment plan, general plan, or other
6similar plan.

7(c) (1) Fee revenue generated under this chapter shall be
8allocated by the bay district for projects and programs specified
9in subdivision (b) to cities, counties, the Metropolitan
10Transportation Commission, transit districts, or any other public
11agency responsible for implementing one or more of the specified
12projects or programs. Fee revenue generated under this chapter
13may also be allocated by the bay district for projects and programs
14specified in paragraph (7) of subdivision (b) to entities that include,
15but are not limited to, public agencies, consistent with applicable
16policies adopted by the governing board of the bay district. Those
17policies shall include, but are not limited to, requirements for
18cost-sharing for projects subject to the policies. Fee revenues shall
19not be used for any planning activities that are not directly related
20to the implementation of a specific project or program.

21(2) The bay district shall adopt cost-effectiveness criteria for
22fee revenue generated under this chapter that projects and programs
23are required to meet. The cost-effectiveness criteria shall maximize
24emissions reductions and public health benefits.

25(d) Not less than 40 percent of fee revenues shall be allocated
26to the entity or entities designated pursuant to subdivision (e) for
27projects and programs in each county within the bay district based
28upon the county’s proportionate share of fee-paid vehicle
29registration.

30(e) In each county, one or more entities may be designated as
31the overall program manager for the county by resolutions adopted
32by the county board of supervisors and the city councils of a
33majority of the cities representing a majority of the population in
34the incorporated area of the county. The resolution shall specify
35the terms and conditions for the expenditure of funds. The entities
36so designated shall be allocated the funds pursuant to subdivision
37(d) in accordance with the terms and conditions of the resolution.

38(f) Any county, or entity designated pursuant to subdivision (e),
39that receives funds pursuant to this section, at least once a year,
40shall hold one or more public meetings for the purpose of adopting
P7    1criteria for expenditure of thebegin delete fundsend deletebegin insert funds, if the criteria have been
2modified in any way from the previous year,end insert
and to review the
3expenditure of revenues received pursuant to this section by any
4designated entity. If any county or entity designated pursuant to
5subdivision (e) that receives funds pursuant to this section has not
6allocated all of those funds within six months of the date of the
7formal approval of its expenditure plan by the bay district, the bay
8district shall allocate the unallocated funds in accordance with
9subdivision (c).

10

SEC. 4.  

Section 182.6 of the Streets and Highways Code is
11amended to read:

12

182.6.  

(a) Notwithstanding Sections 182 and 182.5, Sections
13188, 188.8, and 825 do not apply to the expenditure of an amount
14of federal funds equal to the amount of federal funds apportioned
15to the state pursuant to that portion of subsection (b)(3) of Section
16104, subsections (a) and (c) of Section 157, and subsection (d) of
17Section 160 of Title 23 of the United States Code that is allocated
18within the state subject to subsection (d)(3) of Section 133 of that
19code. These funds shall be known as the regional surface
20transportation program funds. The department, the transportation
21planning agencies, the county transportation commissions, and the
22metropolitan planning organizations may do all things necessary
23in their jurisdictions to secure and expend those federal funds in
24accordance with the intent of federal law and this chapter.

25(b) The regional surface transportation program funds shall be
26apportioned by the department to the metropolitan planning
27organizations designated pursuant to Section 134 of Title 23 of
28the United States Code and, in areas where none has been
29designated, to the transportation planning agency designated
30pursuant to Section 29532begin insert or 29532.1end insert of the Government Code.
31The funds shall be apportioned in the manner and in accordance
32with the formula set forth in subsection (d)(3) of Section 133 of
33Title 23 of the United States Code, except that the apportionment
34shall be among all areas of the state. Funds apportioned under this
35subdivision shall remain available for three federal fiscal years,
36including the federal fiscal year apportioned.

37(c) Where county transportation commissions have been created
38by Division 12 (commencing with Section 130000) of the Public
39Utilities Code, all regional surface transportation program funds
40shall be further apportioned by the metropolitan planning
P8    1organization to the county transportation commission on the basis
2of relative population.

3In the Monterey Bay region, all regional surface transportation
4program funds shall be further apportioned, on the basis of relative
5population, by the metropolitan planning organization to the
6regional transportation planning agencies designated under
7subdivision (b) of Section 29532 of the Government Code.

8(d) The applicable metropolitan planning organization, county
9transportation commission, or transportation planning agency shall
10annually apportion the regional surface transportation program
11funds for projects in each county, as follows:

12(1) An amount equal to the amount apportioned under the
13federal-aid urban program in federal fiscal year 1990-91 adjusted
14for population. The adjustment for population shall be based on
15the population determined in the 1990 federal census except that
16no county shall be apportioned less than 110 percent of the
17apportionment received in the 1990-91 fiscal year. These funds
18shall be apportioned for projects implemented by cities, counties,
19and other transportation agencies on a fair and equitable basis
20based upon an annually updated five-year average of allocations.
21Projects shall be nominated by cities, counties, transit operators,
22and other public transportation agencies through a process that
23directly involves local government representatives.

24(2) An amount not less than 110 percent of the amount that the
25county was apportioned under the federal-aid secondary program
26in federal fiscal year 1990-91, for use by that county.

27(e) The department shall notify each metropolitan planning
28organization, county transportation commission, and transportation
29planning agency receiving an apportionment under this section,
30as soon as possible each year, of the amount ofbegin delete obligationend delete
31begin insert obligationalend insert authority estimated to be available for program
32purposes.

33The metropolitan planning organization and transportation
34planning agency, in cooperation with the department, congestion
35management agencies, cities, counties, and affected transit
36operators, shall select and program projects in conformance with
37federal law. The metropolitan planning organization and
38transportation planning agency shall submit itsbegin insert federalend insert
39 transportation improvement program prepared pursuant to Section
40134 of Title 23 of the United States Code to the department for
P9    1incorporation into thebegin delete stateend deletebegin insert federal statewideend insert transportation
2improvement program not later thanbegin delete Augustend deletebegin insert Octoberend insert 1 of each
3even-numbered yearbegin delete beginning in 1994end delete.begin insert The federal transportation
4improvement program shall, at a minimum, include the years
5covered by the federal statewide transportation improvement
6program.end insert

7(f) Not later than July 1 of each year, the metropolitan planning
8organizations, and the regional transportation planning agencies,
9receiving obligational authority under this article shall notify the
10department of the projected amount of obligational authority that
11each entity intends to use during the remainder of the current
12federal fiscal year, including, but not limited to, a list of projects
13that will be obligated by the end of the current federal fiscal year.
14Any federal obligational authority that will not be used shall be
15redistributed by the department to other projects in a manner that
16ensures that the state will continue to compete for and receive
17increased obligational authority during the federal redistribution
18of obligational authority. If the department does not have sufficient
19federal apportionments to fully use excess obligational authority,
20the metropolitan planning organizations or regional transportation
21planning agencies relinquishing obligational authority shall make
22sufficient apportionments available to the department to fund
23alternate projects, when practical, within the geographical areas
24relinquishing the obligational authority. Notwithstanding this
25subdivision, the department shall comply with subsections (d)(3)
26and (f) of Section 133 of Title 23 of the United States Code.

27(g) A regional transportation planning agency that is not
28designated as, nor represented by, a metropolitan planning
29organization with an urbanized area population greater than
30200,000 pursuant to the 1990 federal census may exchange its
31annual apportionment received pursuant to this section on a
32dollar-for-dollar basis for nonfederal State Highway Account funds,
33which shall be apportioned in accordance with subdivision (d).

34(h) (1) If a regional transportation planning agency described
35in subdivision (g) does not elect to exchange its annual
36apportionment, a county located within the boundaries of that
37regional transportation planning agency may elect to exchange its
38annual apportionment received pursuant to paragraph (2) of
39subdivision (d) for nonfederal State Highway Account funds.

P10   1(2) A county not included in a regional transportation planning
2agency described in subdivision (g), whose apportionment pursuant
3to paragraph (2) of subdivision (d) was less than 1 percent of the
4total amount apportioned to all counties in the state, may exchange
5its apportionment for nonfederal State Highway Account funds.
6If the apportionment to the county was more than 312 percent of
7the total apportioned to all counties in the state, it may exchange
8that portion of its apportionment in excess of 312 percent for
9nonfederal State Highway Account funds. Exchange funds received
10by a county pursuant to this section may be used for any
11transportation purpose.

12(i) The department shall be responsible for closely monitoring
13the use of federal transportation funds, including regional surface
14transportation program funds to assure full and timely use. The
15department shall prepare a quarterly report for submission to the
16commission regarding the progress in use of all federal
17transportation funds. The department shall notify the commission
18and the appropriate implementation agency whenever there is a
19failure to use federal funds within the three-year apportionment
20period established under subdivision (b).

21(j) The department shall provide written notice to implementing
22agencies when there is one year remaining within the three-year
23apportionment period established under subdivision (b) of this
24section.

25(k) Within six months of the date of notification required under
26subdivision (j), the implementing agency shall provide to the
27department a plan to obligate funds that includes, but need not be
28limited to, a list of projects and milestones.

29(l) If the implementing agency has not met the milestones
30established in the implementation plan required under subdivision
31(k), prior to the end of the three-year apportionment period
32established under subdivision (b), the commission shall redirect
33those funds for use on other transportation projects in the state.

34(m) Notwithstanding subdivisions (g) and (h), regional surface
35transportation program funds available under this section
36exchanged pursuant to Section 182.8 may be loaned to and
37expended by the department. The department shall repay from the
38State Highway Account to the Traffic Congestion Relief Fund all
39funds received as federal reimbursements for funds exchanged
40under Section 182.8 as they are received from the Federal Highway
P11   1Administration, except that those repayments are not required to
2be made more frequently than on a quarterly basis.

3(n) Prior to determining the amount for local subvention required
4by this section, the department shall first deduct the amount
5authorized by the Legislature for increased department oversight
6of the federal subvented program.

7

SEC. 5.  

Section 182.7 of the Streets and Highways Code is
8amended to read:

9

182.7.  

(a) Notwithstanding Sections 182 and 182.5, Sections
10188, 188.8, and 825 do not apply to the expenditure of an amount
11of federal funds equal to the amount of federal funds apportioned
12to the state pursuant to Section 104(b)(4) of Title 23 of the United
13States Code. These funds shall be known as the congestion
14mitigation and air quality improvement program funds and shall
15be expended in accordance with Section 149 of Title 23 of the
16United States Code, including the requirements relating to
17particulate matter less than 2.5 micrometers in diameter in
18subsections (g) and (k) of the section. The department, the
19transportation planning agencies, and the metropolitan planning
20organizations may do all things necessary in their jurisdictions to
21secure and expend those federal funds in accordance with the intent
22of federal law and this chapter.

23(b) The congestion mitigation and air quality improvement
24program funds shall be apportioned by the department to the
25metropolitan planning organizations designated pursuant to Section
26134 of Title 23 of the United States Code and, in areas where none
27has been designated, to the transportation planning agency
28begin delete establishedend deletebegin insert designatedend insert by Section 29532 or 29532.1 of the
29Government Code. All funds apportioned to the state pursuant to
30Section 104(b)(4) of Title 23 of the United States Code shall be
31apportioned to metropolitan planning organizations and
32transportation planning agencies responsible for air quality
33conformity determinations in federally designated air quality
34nonattainment and maintenance areas within the state as follows:

35(1) The department shall apportion these funds in the ratio that
36the weighted nonattainment and maintenance population in each
37federally designated area within the state bears to the total of all
38weighted nonattainment and maintenance area populations in the
39state.

P12   1(2) Subject to paragraph (3), the weighted nonattainment and
2maintenance area population shall be calculated by multiplying
3the population of each area in the state that is a nonattainment area
4or maintenance area as described in Section 149(b) of Title 23 of
5the United States Code for ozone or carbon monoxide by the
6following factors:

7(A) A factor of 1.0, if, at the time of apportionment, the area is
8a maintenance area.

9(B) A factor of 1.0, if, at the time of the apportionment, the area
10is classified as a marginal ozone nonattainment area under Subpart
112 of Part D of Title I of the Clean Air Act (42 U.S.C. Sec. 7511 et
12seq.).

13(C) A factor of 1.1, if, at the time of the apportionment, the area
14is classified as a moderate ozone nonattainment area under Subpart
152 of Part D of Title I of the Clean Air Act (42 U.S.C. Sec. 7511 et
16seq.).

17(D) A factor of 1.2, if, at the time of the apportionment, the area
18is classified as a serious ozone nonattainment area under Subpart
192 of Part D of Title I of the Clean Air Act (42 U.S.C. Sec. 7511 et
20seq.).

21(E) A factor of 1.3, if, at the time of the apportionment, the area
22is classified as a severe ozone nonattainment area under Subpart
232 of Part D of Title I of the Clean Air Act (42 U.S.C. Sec. 7511 et
24seq.).

25(F) A factor of 1.4, if, at the time of the apportionment, the area
26is classified as an extreme ozone nonattainment area under Subpart
272 of Part D of Title I of the Clean Air Act (42 U.S.C. Sec. 7511 et
28seq.).

29(G) A factor of 1.0, if, at the time of the apportionment, the area
30is not a nonattainment or maintenance area for ozone, but is
31classified under Subpart 3 of Part D of Title I of the Clean Air Act
32(42 U.S.C. Sec. 7512 et seq.) as a nonattainment area for carbon
33monoxide.

34(H) A factor of 1.0, if, at the time of the apportionment, an area
35is designated as a nonattainment area for ozone under Subpart 1
36of Part D of Title I of the Clean Air Act (42 U.S.C. Sec. 7512 et
37seq.).

38(3) If, in addition to being designated as a nonattainment or
39maintenance area for ozone as described in paragraph (2), any
40 county within the area is also classified under Subpart 3 of Part D
P13   1of Title I of the Clean Air Act (42 U.S.C. Sec. 7512 et seq.) as a
2nonattainment or maintenance area described in paragraph (2) for
3carbon monoxide, the weighted nonattainment or maintenance
4area population of the county, as determined under subparagraphs
5(A) to (F), inclusive, or subparagraph (H) of paragraph (2), shall
6be further multiplied by a factor of 1.2.

7(4) Funds allocated under this subdivision shall remain available
8for three federal fiscal years, including the federal fiscal year
9apportioned.

10(c) Notwithstanding subdivision (b), where county transportation
11commissions have been created by Division 12 (commencing with
12Section 130000) of the Public Utilities Code, all congestion
13mitigation and air quality improvement program funds shall be
14further apportioned by the metropolitan planning organization to
15 the county transportation commission on the basis of relative
16population within the federally designated air quality nonattainment
17and maintenance areas after first apportioning to the nonattainment
18and maintenance areas in the manner and in accordance with the
19formula set forth in subdivision (b).

20In the Monterey Bay region, all congestion mitigation and air
21quality improvement program funds shall be further apportioned,
22on the basis of relative population, by the metropolitan planning
23organization to the regional transportation planning agencies
24designated under subdivision (b) of Section 29532 of the
25Government Code.

26(d) The department shall notify each metropolitan planning
27organization, transportation planning agency, and county
28transportation commission receiving an apportionment under this
29section, as soon as possible each year, of the amount of obligational
30authority estimated to be available for expenditure from the federal
31apportionment. The metropolitan planning organizations,
32transportation planning agencies, and county transportation
33commissions, in cooperation with the department, congestion
34management agencies, cities and counties, and affected transit
35operators, shall select and program projects in conformance with
36federal law. Each metropolitan planning organization and
37transportation planning agency shall, not later thanbegin delete Augustend deletebegin insert Octoberend insert
38 1 of each even-numbered yearbegin delete beginning in 1994end delete, submit itsbegin insert federalend insert
39 transportation improvement program prepared pursuant to Section
40134 of Title 23 of the United States Code to the department for
P14   1incorporation into thebegin delete stateend deletebegin insert federal statewideend insert transportation
2improvement program.begin insert Federal transportation improvement
3programs shall, at a minimum, include the years covered by the
4federal statewide transportation improvement program.end insert

5(e) Not later than July 1 of each year, the metropolitan planning
6organizations and the regional transportation planning agencies
7receiving obligational authority under this section, shall notify the
8department of the projected amount of obligational authority that
9each entity intends to use during the remainder of the current
10federal fiscal year, including, but not limited to, a list of projects
11that will use the obligational authority. Any federal obligational
12authority that will not be used shall be redistributed by the
13department to other projects in a manner that ensures that the state
14will continue to compete for and receive increased obligational
15authority during the federal redistribution of obligational authority.
16If the department does not have sufficient federal apportionments
17to fully use excess obligational authority, the metropolitan planning
18organization or transportation planning agency relinquishing
19obligational authority shall make sufficient funding available to
20the department to fund alternate projects, when practical, within
21the geographical areas relinquishing the obligational authority.
22Notwithstanding this subdivision, the department shall comply
23with subsection (f) of Section 133 of Title 23 of the United States
24Code.

25(f) The department shall be responsible for closely monitoring
26the use of federal transportation funds, including congestion
27management and air quality improvement program funds to assure
28full and timely use. The department shall prepare a quarterly report
29for submission to the commission regarding the progress in use of
30all federal transportation funds. The department shall notify the
31commission and the appropriate implementation agency whenever
32there is a failure to use federal funds within the three-year
33apportionment period established under paragraph (4) of
34subdivision (b).

35(g) The department shall provide written notice to implementing
36agencies when there is one year remaining within the three-year
37apportionment period established under paragraph (4) of
38subdivision (b).

39(h) Within six months of the date of notification required under
40subdivision (g), the implementing agency shall provide to the
P15   1department a plan to obligate funds that includes, but need not be
2limited to, a list of projects and milestones.

3(i) If the implementing agency has not met the milestones
4established in the implementation plan required under subdivision
5(h), prior to the end of the three-year apportionment period
6established under paragraph (4) of subdivision (b), the commission
7shall redirect those funds for use on other transportation projects
8in the state.

9(j) Congestion mitigation and air quality improvement program
10funds available under this section exchanged pursuant to Section
11182.8 may be loaned to and expended by the department. The
12department shall repay from the State Highway Account to the
13Traffic Congestion Relief Fund all funds received as federal
14reimbursements for funds exchanged under Section 182.8 as they
15are received from the Federal Highway Administration, except
16that those repayments are not required to be made more frequently
17than on a quarterly basis.

18(k) Prior to determining the amount for local subvention required
19by this section, the department shall first deduct the amount
20authorized by the Legislature for increased department oversight
21of the federal subvented program.

22

SEC. 6.  

Section 890.4 of the Streets and Highways Code is
23amended to read:

24

890.4.  

As used in this article, “bikeway” means all facilities
25that provide primarily for, and promote, bicycle travel. For
26purposes of this article, bikeways shall be categorized as follows:

27(a) Bike paths or shared use paths, also referred to as “Class I
28bikeways,” which provide a completely separated right-of-way
29designated for the exclusive use of bicycles and pedestrians with
30crossflows by motorists minimized.

31(b) Bike lanes, also referred to as “Class II bikeways,” which
32provide a restricted right-of-way designated for the exclusive or
33semiexclusive use of bicycles with through travel by motor vehicles
34or pedestrians prohibited, but with vehicle parking and crossflows
35by pedestrians and motorists permitted.

36(c) Bike routes, also referred to as “Class III bikeways,” which
37provide a right-of-way on-street or off-street, designated by signs
38or permanent markings and shared with pedestrians and motorists.

39(d) Cycle tracks or separated bikeways, also referred to as “Class
40IV bikeways,” which promote active transportation and provide a
P16   1right-of-way designated exclusively for bicycle travel adjacent to
2a roadway and which arebegin delete protectedend deletebegin insert separatedend insert from vehicular traffic.
3Types of separation include, but are not limited to, grade
4separation, flexible posts, inflexible physical barriers, or on-street
5parking.

6

SEC. 7.  

Section 1808 of the Vehicle Code is amended to read:

7

1808.  

(a) Except where a specific provision of law prohibits
8the disclosure of records or information or provides for
9confidentiality, all records of the department relating to the
10registration of vehicles, other information contained on an
11application for a driver’s license, abstracts of convictions, and
12abstracts of accident reports required to be sent to the department
13in Sacramento, except for abstracts of accidents where, in the
14opinion of a reporting officer, another individual was at fault, shall
15be open to public inspection during office hours. All abstracts of
16accident reports shall be available to law enforcement agencies
17and courts of competent jurisdiction.

18(b) The department shall make available or disclose abstracts
19of convictions and abstracts of accident reports required to be sent
20to the department in Sacramento, as described in subdivision (a),
21if the date of the occurrence is not later than the following:

22(1) Ten years for a violation pursuant to Section 23140, 23152,
23or 23153.

24(2) Seven years for a violation designated as two points pursuant
25to Section 12810, except as provided in paragraph (1) of this
26subdivision.

27(3) Three years for accidents and all other violations.

28(c) The department shall make available or disclose suspensions
29and revocations of the driving privilege while the suspension or
30revocation is in effect and for three years following termination
31of the action or reinstatement of the privilege, except that driver’s
32license suspension actions taken pursuant to Sections 13202.6 and
3313202.7,begin insert Section 17520 of the Family Code,end insert or Section 256 or
34begin insert former Sectionend insert 11350.6 of the Welfare and Institutions Code shall
35be disclosed only during the actual time period in which the
36suspension is in effect.

37(d) The department shall not make available or disclose a
38suspension or revocation that has been judicially set aside or stayed.

39(e) The department shall not make available or disclose personal
40information about a person unless the disclosure is in compliance
P17   1with the Driver’s Privacy Protection Act of 1994 (18 U.S.C. Sec.
22721 et seq.). However, a disclosure is subject to the prohibition
3in paragraph (2) of subdivision (a) of Section 12800.5.

4(f) The department shall make available or disclose to the courts
5and law enforcement agencies a conviction of Section 23103, as
6specified in Section 23103.5, or a conviction of Section 23140,
723152, or 23153, or Section 655 of the Harbors and Navigation
8Code, or paragraph (1) of subdivision (c) of Section 192 of the
9Penal Code for a period of 10 years from the date of the offense
10for the purpose of imposing penalties mandated by this code, or
11by other applicable provisions of California law.

12(g) The department shall make available or disclose to the courts
13and law enforcement agencies a conviction of Section 191.5, or
14subdivision (a) of Section 192.5 of the Penal Code, punished as a
15felony, for the purpose of imposing penalties mandated by Section
1623550.5, or by other applicable provisions of California law.

17

SEC. 8.  

Section 1808.1 of the Vehicle Code is amended to
18read:

19

1808.1.  

(a) The prospective employer of a driver who drives
20a vehicle specified in subdivision (k) shall obtain a report showing
21the driver’s current public record as recorded by the department.
22For purposes of this subdivision, a report is current if it was issued
23less than 30 days prior to the date the employer employs the driver.
24The report shall be reviewed, signed, and dated by the employer
25and maintained at the employer’s place of business until receipt
26of the pull-notice system report pursuant to subdivisions (b) and
27(c). These reports shall be presented upon request to an authorized
28representative of the Department of the California Highway Patrol
29during regular business hours.

30(b) The employer of a driver who drives a vehicle specified in
31subdivision (k) shall participate in a pull-notice system, which is
32a process for the purpose of providing the employer with a report
33showing the driver’s current public record as recorded by the
34department, and any subsequent convictions, failures to appear,
35accidents, driver’s license suspensions, driver’s license revocations,
36or any other actions taken against the driving privilege or
37certificate, added to the driver’s record while the employer’s
38notification request remains valid and uncanceled. As used in this
39section, participation in the pull-notice system means obtaining a
P18   1requester code and enrolling all employed drivers who drive a
2vehicle specified in subdivision (k) under that requester code.

3(c) The employer of a driver of a vehicle specified in subdivision
4(k) shall, additionally, obtain a periodic report from the department
5at least every 12 months. The employer shall verify that each
6employee’s driver’s license has not been suspended or revoked,
7the employee’s traffic violation point count, and whether the
8employee has been convicted of a violation of Section 23152 or
923153. The report shall be signed and dated by the employer and
10maintained at the employer’s principal place of business. The
11report shall be presented upon demand to an authorized
12representative of the Department of the California Highway Patrol
13during regular business hours.

14(d) Upon the termination of a driver’s employment, the employer
15shall notify the department to discontinue the driver’s enrollment
16in the pull-notice system.

17(e) For the purposes of the pull-notice system and periodic report
18process required by subdivisions (b) and (c), an owner, other than
19an owner-operator as defined in Section 34624, and an employer
20who drives a vehicle described in subdivision (k) shall be enrolled
21as if he or she were an employee. A family member and a volunteer
22 driver who drives a vehicle described in subdivision (k) shall also
23be enrolled as if he or she were an employee.

24(f) An employer who, after receiving a driving record pursuant
25to this section, employs or continues to employ as a driver a person
26against whom a disqualifying action has been taken regarding his
27or her driving privilege or required driver’s certificate, is guilty of
28a public offense, and upon conviction thereof, shall be punished
29by confinement in a county jail for not more than six months, by
30a fine of not more than one thousand dollars ($1,000), or by both
31that confinement and fine.

32(g) As part of its inspection of bus maintenance facilities and
33terminals required at least once every 13 months pursuant to
34subdivision (c) of Section 34501, the Department of the California
35Highway Patrol shall determine whether each transit operator, as
36defined in Section 99210 of the Public Utilities Code, is then in
37compliance with this section and Section 12804.6, and shall certify
38each operator found to be in compliance. Funds shall not be
39allocated pursuant to Chapter 4 (commencing with Section 99200)
40of Part 11 of Division 10 of the Public Utilities Code to a transit
P19   1operator that the Department of the California Highway Patrol has
2not certified pursuant to this section.

3(h) (1) A request to participate in the pull-notice system
4established by this section shall be accompanied by a fee
5determined by the department to be sufficient to defray the entire
6actual cost to the department for the notification service. For the
7receipt of subsequent reports, the employer shall also be charged
8a fee established by the department pursuant to Section 1811. An
9employer who qualifies pursuant to Section 1812 shall be exempt
10from any fee required pursuant to this section. Failure to pay the
11fee shall result in automatic cancellation of the employer’s
12participation in the notification services.

13(2) A regularly organized fire department, having official
14recognition of the city, county, city and county, or district in which
15the department is located, shall participate in the pull-notice
16program and shall not be subject to the fee established pursuant
17to this subdivision.

18(3) The Board of Pilot Commissioners for Monterey Bay and
19the Bays of San Francisco, San Pablo, and Suisun, and its port
20agent shall participate in the pull-notice system established by this
21section, subject to Section 1178.5 of the Harbors and Navigation
22Code, and shall not be subject to the fees established pursuant to
23this subdivision.

24(i) The department, as soon as feasible, may establish an
25automatic procedure to provide the periodic reports to an employer
26by mail or via an electronic delivery method, as required by
27subdivision (c), on a regular basis without the need for individual
28requests.

29(j) (1) The employer of a driver who is employed as a casual
30driver is not required to enter that driver’s name in the pull-notice
31system, as otherwise required by subdivision (a). However, the
32employer of a casual driver shall be in possession of a report of
33the driver’s current public record as recorded by the department,
34prior to allowing a casual driver to drive a vehicle specified in
35subdivision (k). A report is current if it was issued less than six
36months prior to the date the employer employs the driver.

37(2) For the purposes of this subdivision, a driver is employed
38as a casual driver when the employer has employed the driver less
39than 30 days during the preceding six months. “Casual driver”
P20   1does not include a driver who operates a vehicle that requires a
2passenger transportation endorsement.

3(k) This section applies to a vehicle for the operation of which
4the driver is required to have a class A or class B driver’s license,
5a class C license withbegin delete a hazardous materialsend deletebegin insert anyend insert endorsement
6begin insert issued pursuant to Section 15278end insert, a class C license issued pursuant
7to Section 12814.7, or a certificate issued pursuant to Section
812517, 12519, 12520, 12523, 12523.5, or 12527, or a passenger
9vehicle having a seating capacity of not more than 10 persons,
10including the driver, operated for compensation by a charter-party
11carrier of passengers or passenger stage corporation pursuant to a
12certificate of public convenience and necessity or a permit issued
13by the Public Utilities Commission.

14(l) This section shall not be construed to change the definition
15of “employer,” “employee,” or “independent contractor” for any
16purpose.

17(m) A motor carrier who contracts with a person to drive a
18vehicle described in subdivision (k) that is owned by, or leased to,
19that motor carrier, shall be subject to subdivisions (a), (b), (c), (d),
20(f), (j), (k), and (l) and the employer obligations in those
21subdivisions.

22(n) Reports issued pursuant to this section, but only those for a
23driver of a taxicab engaged in transportation services as described
24in subdivision (a) of Section 53075.5 of the Government Code,
25shall be presented upon request, during regular business hours, to
26an authorized representative of the administrative agency
27responsible for issuing permits to taxicab transportation services
28pursuant to Section 53075.5 of the Government Code.

29

SEC. 9.  

Section 13558 of the Vehicle Code is amended to read:

30

13558.  

(a) Any person, who has received a notice of an order
31of suspension or revocation of the person’s privilege to operate a
32motor vehicle pursuant to Section 13353, 13353.1, 13353.2, 13388,
3323612, or 13382 or a notice pursuant to Section 13557, may request
34a hearing on the matter pursuant to Article 3 (commencing with
35Section 14100) of Chapter 3, except as otherwise provided in this
36section.

37(b) If the person wishes to have a hearing before the effective
38date of the order of suspension or revocation, the request for a
39hearing shall be made within 10 days of the receipt of the notice
40of the order of suspension or revocation. The hearing shall be held
P21   1at a place designated by the department as close as practicable to
2the place where the arrest occurred, unless the parties agree to a
3different location. Any evidence at the hearing shall not be limited
4to the evidence presented at an administrative review pursuant to
5Section 13557.

6(c) (1) The only issues at the hearing on an order of suspension
7or revocation pursuant to Section 13353 or 13353.1 shall be those
8facts listed in paragraph (1) of subdivision (b) of Section 13557.
9Notwithstanding Section 14106, the period of suspension or
10revocation specified in Section 13353 or 13353.1 shall not be
11reduced and, notwithstanding Section 14105.5, the effective date
12of the order of suspension or revocation shall not be stayed pending
13review at a hearing pursuant to this section.

14(2) The only issues at the hearing on an order of suspension
15pursuant to Section 13353.2 shall be those facts listed in paragraph
16begin delete (2)end deletebegin insert (3)end insert of subdivision (b) of Section 13557. Notwithstanding
17Section 14106, the period of suspension specified in Section
1813353.3 shall not be reduced.

19(d) The department shall hold the administrative hearing before
20the effective date of the order of suspension or revocation if the
21request for the hearing is postmarked or received by the department
22on or before 10 days after the person’s receipt of the service of the
23notice of the order of suspension or revocation pursuant to Section
2413353.2, 13388, 23612, or 13382.

25(e) A request for an administrative hearing does not stay the
26suspension or revocation of a person’s privilege to operate a motor
27vehicle. If the department does not conduct an administrative
28hearing and make a determination after an administrative hearing
29within the time limit in subdivision (d), the department shall stay
30the effective date of the order of suspension or revocation pending
31the determination and, if the person’s driver’s license has been
32taken by the peace officer pursuant to Section 13388, 23612, or
3313382, the department shall notify the person before the expiration
34date of the temporary permit issued pursuant to Section 13388,
3523612, or 13382, or the expiration date of any previous extension
36issued pursuant to this subdivision, provided the person is otherwise
37eligible, in a form that permits the person to establish to any peace
38officer that his or her privilege to operate a motor vehicle is not
39suspended or revoked.

P22   1(f) The department shall give written notice of its determination
2pursuant to Section 14105. If the department determines, upon a
3hearing of the matter, to suspend or revoke the person’s privilege
4to operate a motor vehicle, notwithstanding the term of any
5temporary permit issued pursuant to Section 13388, 23612, or
613382, the temporary permit shall be revoked and the suspension
7or revocation of the person’s privilege to operate a motor vehicle
8shall become effective five days after notice is given. If the
9department sustains the order of suspension or revocation, the
10department shall include notice that the person has a right to review
11by the court pursuant to Section 13559.

12(g) A determination of facts by the department upon a hearing
13pursuant to this section has no collateral estoppel effect on a
14subsequent criminal prosecution and does not preclude litigation
15of those same facts in the criminal proceeding.

16

SEC. 10.  

Section 16020.1 of the Vehicle Code is amended to
17read:

18

16020.1.  

(a) On and after January 1,begin delete 2016,end deletebegin insert 2020,end insert Section
194000.37 does not apply to vehicle owners with a residence address
20in the County of Los Angeles at the time of registration renewal.

21(b) On and after January 1,begin delete 2016,end deletebegin insert 2020,end insert subdivisions (a) and (b)
22of Section 16028 do not apply to a person who drives a motor
23vehicle upon a highway in the County of Los Angeles.

24

SEC. 11.  

Section 16020.2 of the Vehicle Code is amended to
25read:

26

16020.2.  

(a) On and after January 1,begin delete 2016,end deletebegin insert 2020,end insert Section
274000.37 does not apply to vehicle owners with a residence address
28in the City and County of San Francisco at the time of registration
29renewal.

30(b) On and after January 1,begin delete 2016,end deletebegin insert 2020,end insert subdivisions (a) and (b)
31of Section 16028 do not apply to a person who drives a motor
32vehicle upon a highway in the City and County of San Francisco.

33

SEC. 12.  

Section 24002 of the Vehicle Code is amended to
34read:

35

24002.  

(a) It is unlawful to operate any vehicle or combination
36of vehicles which is in an unsafe condition, or which is not safely
37loaded, and which presents an immediate safety hazard.

38(b) It is unlawful to operate any vehicle or combination of
39vehicles which is not equipped as provided in this code.

begin insert

P23   1(c) A motor carrier shall not require a person to drive a
2commercial motor vehicle unless the person, by reason of
3experience, training, or both, is able to determine whether the
4cargo being transported, including baggage in a
5passenger-carrying commercial vehicle, has been properly located,
6distributed, and secured in or on the vehicle.

end insert
begin insert

7(d) A driver shall not operate a commercial motor vehicle unless
8the driver, by reason of experience, training, or both, is able to
9demonstrate familiarity with the methods and procedures for
10securing cargo, including baggage in a passenger-carrying
11commercial vehicle, in or on the vehicle.

end insert
begin insert

12(e) A motor carrier and a driver of a commercial motor vehicle
13shall comply with Section 392.9 of Title 49 of the Code of Federal
14Regulations.

end insert
15

SEC. 13.  

No reimbursement is required by this act pursuant to
16Section 6 of Article XIII B of the California Constitution because
17the only costs that may be incurred by a local agency or school
18district will be incurred because this act creates a new crime or
19infraction, eliminates a crime or infraction, or changes the penalty
20for a crime or infraction, within the meaning of Section 17556 of
21the Government Code, or changes the definition of a crime within
22the meaning of Section 6 of Article XIII B of the California
23Constitution.



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