Amended in Senate April 22, 2015

Senate Bill No. 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 begin insert 143, end insert 182.6, 182.7, begin insert 253.7, 470, end insert and 890.4 of the Streets and Highways Code, and to amend Sections 1808, 1808.1, 13558, 16020.1, 16020.2, begin delete and 24002 of end delete begin insert 24002, 24017, 24604, 25104, 25305, 25803, 26311, 27400, 29007, 34500.3, 34500.5, and 34520 of, and to add Section 27154.1 to, end insert the Vehicle Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

SB 491, as amended, 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 begin delete revenues end delete begin insert revenues, at least once a year, end insert to hold begin delete at least one annual end delete begin insert one or more end insert public begin delete meeting end delete begin insert meetings end insert for the purpose of adopting criteria for expenditure of the funds and to review those expenditures.

This bill would begin delete delete the requirement for an annual end delete begin insert instead, at least once a year, require one or more end insert public begin delete meeting end delete begin insert meetings end insert to adopt criteria for expenditure of funds, begin delete unless end delete begin insert if end insert the criteria have been modified from the previous begin delete year. end delete begin insert year, and one or more public meetings to review those expenditures. end insert

(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 begin insert the end insert 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.

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(4) Existing law requires a transit bus operated by a motor carrier to be equipped with a speedometer, which is required to be maintained in good working order.

end insert begin insert

This bill would require every commercial motor vehicle operated by a motor carrier to be equipped with a speedometer maintained in good working order. Because a violation of this provision would be a crime, this bill would impose a state-mandated local program.

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(5) Existing law, if the load on a vehicle or an integral part of the vehicle extends 4 feet or more beyond the rear of the vehicle, requires the vehicle to display 2 red lights at the extreme end of the load or projection if operating during darkness, or to display a solid red or fluorescent orange flag or cloth of not less than 12 square inches at the extreme end of the load or projection if operating at any other time. Existing law requires a vehicle or equipment operating under a permit due to exceeding normal vehicle width restrictions to display a solid red or fluorescent orange flag or cloth of not less than 12 square inches at the extreme left front and rear of the vehicle or equipment if operating other than during darkness. Existing law also requires certain other vehicles with a total outside width of more than 100 inches to display a solid red or fluorescent orange flag or cloth of not less than 12 square inches at the left outer extremity of the vehicle or load if operating other than during darkness.

end insert begin insert

This bill would increase the size of the required flag or cloth in these cases to 18 square inches. The bill would impose new requirements for a vehicle to display 2 flags or cloths if a projecting load to the rear is more than 2 feet in width, and for a commercial vehicle transporting a load that extends beyond the sides of a vehicle by more than 4 inches to display a flag or cloth at the extremities of the vehicle or equipment. The bill would also revise provisions relating to a vehicle or equipment operating under a permit for exceeding width restrictions to display a flag or cloth at the extremities of the vehicle or equipment, rather than at the extreme left front and left rear. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program.

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(6) Existing law prohibits a person from placing, depositing, or displaying a lighted fusee upon or adjacent to any highway except as a warning to approaching vehicular traffic or railroad trains of an existing hazard.

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This bill would prohibit a person from attaching or permitting any person to attach a lighted fusee to any part of a vehicle. Because a violation of this provision would be a crime, this bill would impose a state-mandated local program.

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(7) Existing law generally requires every motor vehicle to be equipped with service brakes on all wheels, subject to certain exceptions, including trucks and truck tractors manufactured before January 1, 1982, with 3 or more axles, as specified, or any vehicle being towed in a driveaway-towaway operation.

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This bill would specify that the requirement for a motor vehicle to be equipped with service brakes on all wheels applies to all wheels that are in contact with the roadway. The bill would narrow the above-referenced exceptions to instead apply to trucks or truck tractors manufactured before July 25, 1980, with 3 or more axles, and to the final towed vehicle in a triple-saddle-mount driveaway-towaway operation. Because the bill would change the definition of a crime, it would impose a state-mandated local program.

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(8) Existing law imposes certain requirements for towing of a vehicle. Existing law provides that certain of these requirements do not apply to vehicles engaged in driveaway-towaway operations, if certain requirements are met.

end insert begin insert

This bill would impose additional requirements applicable to towing involving saddle mounts or use of more than one tow-bar or ball-and-socket coupling device in any combination. The bill would also require driveaway-towaway combinations to comply with specified federal regulations. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program.

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(9) Existing law requires the cab of any motor vehicle to be reasonably tight against the penetration of gases and fumes from the engine or exhaust system.

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This bill would require the flooring in all motor vehicles to be substantially constructed free of unnecessary holes and openings and to be maintained so as to minimize the entrance of fumes, exhaust gases, or fire. The bill would also prohibit floors from being permeated with oil or other substances likely to cause injury to persons using the floor as a traction device. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program.

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(10) Existing law prohibits a person operating a motor vehicle or a bicycle from wearing a headset covering both ears, or from wearing earplugs in both ears, subject to certain exceptions.

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This bill would also prohibit wearing earphones covering, resting on, or inserted in, both ears. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program.

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(11) Existing law requires the Department of the California Highway Patrol to adopt regulations relative to cargo securement standards. Existing law provides an exemption from those regulations, in certain cases, for the transportation of a pole on a pole dolly by a public utility company or a local agency engaged in the business of supplying electricity or telephone service, or by a licensed contractor in the performance of work for the public utility company or the local agency, or for the Department of Transportation.

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This bill would delete this exemption. Because this bill would change the definition of a crime, it would impose a state-mandated local program.

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(4)

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begin insert (12) end insert  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.

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(5)

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begin insert (13) end insert  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.

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(6)

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begin insert (14) end insert  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.

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(7)

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begin insert (15) end insert  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.

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(16) Existing law provides for the California Transportation Commission, except as otherwise provided by law, to adopt the location for a state highway on routes authorized by law. Existing law generally describes the various authorized routes in the state highway system, including Route 170 in the County of Los Angeles. Existing law also includes various state highway routes in the California freeway and expressway system.

end insert begin insert

This bill would revise the description of Route 170 to delete the unconstructed portion of this route between Los Angeles International Airport and Route 90 from both the state highway system and the California freeway and expressway system.

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(8)

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begin insert (17) end insert  This bill would also correct several erroneous cross-references begin insert and references end insert .

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(9)

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begin insert (18) end insert  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:

SECTION 1.  

Section 14526.5 of the Government Code is
amended to read:

14526.5.  

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

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

(c) The department, at a minimum, shall specify, for each project
in the state highway operation and protection program, the capital
and support budget for each of the following project components,
as well as a projected delivery date for components (1), (2), and
(3):

(1) Completion of project approval and environmental
documents.

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

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

(4) Construction.

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

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

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

SEC. 2.  

Section 65074 of the Government Code is amended
to read:

65074.  

The Department of Transportation shall prepare, in
cooperation with the metropolitan planning begin delete organizations, end delete begin insert agencies, end insert
a begin delete federal statewide transportation improvement program end delete begin insert Federal
Statewide Transportation Improvement Program end insert in accordance
with subsection (g) of Section 135 of Title 23 of the United States
Code. The begin delete federal statewide transportation improvement program end delete
begin insert Federal Statewide Transportation Improvement Program end insert shall be
submitted by the department to the United States Secretary of
Transportation, by begin insert not later than end insert December 1 of each
even-numbered year.

SEC. 3.  

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

44241.  

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

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

(1) The implementation of ridesharing programs.

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

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

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

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

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

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

(8) Implementation of a smoking vehicles program.

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

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

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

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

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

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

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

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

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begin insert SEC. 4. end insert   

end insert

begin insert Section 143 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

143.  

(a) (1) “Best value” means a value determined by
objective criteria, including, but not limited to, price, features,
functions, life-cycle costs, and other criteria deemed appropriate
by the department or the regional transportation agency.

(2) “Contracting entity or lessee” means a public or private
entity, or consortia thereof, that has entered into a comprehensive
development lease agreement with the department or a regional
transportation agency for a transportation project pursuant to this
section.

(3) “Design-build” means a procurement process in which both
the design and construction of a project are procured from a single
entity.

(4) “Regional transportation agency” means any of the
following:

(A) A transportation planning agency as defined in Section
29532 or 29532.1 of the Government Code.

(B) A county transportation commission as defined in Section
130050, 130050.1, or 130050.2 of the Public Utilities Code.

(C) Any other local or regional transportation entity that is
designated by statute as a regional transportation agency.

(D) A joint exercise of powers authority as defined in Chapter
5 (commencing with Section 6500) of Division 7 of Title 1 of the
Government Code, with the consent of a transportation planning
agency or a county transportation commission for the jurisdiction
in which the transportation project will be developed.

(5) “Public Infrastructure Advisory Commission” means a unit
or auxiliary organization established by the begin delete Business, end delete
Transportation begin delete and Housing end delete Agency that advises the department
and regional transportation agencies in developing transportation
projects through performance-based infrastructure partnerships.

(6) “Transportation project” means one or more of the following:
planning, design, development, finance, construction,
reconstruction, rehabilitation, improvement, acquisition, lease,
operation, or maintenance of highway, public street, rail, or related
facilities supplemental to existing facilities currently owned and
operated by the department or regional transportation agencies
that is consistent with the requirements of subdivision (c).

(b) (1) The Public Infrastructure Advisory Commission shall
do all of the following:

(A) Identify transportation project opportunities throughout the
state.

(B) Research and document similar transportation projects
throughout the state, nationally, and internationally, and further
identify and evaluate lessons learned from these projects.

(C) Assemble and make available to the department or regional
transportation agencies a library of information, precedent,
research, and analysis concerning infrastructure partnerships and
related types of public-private transactions for public infrastructure.

(D) Advise the department and regional transportation agencies,
upon request, regarding infrastructure partnership suitability and
best practices.

(E) Provide, upon request, procurement-related services to the
department and regional transportation agencies for infrastructure
partnership.

(2) The Public Infrastructure Advisory Commission may charge
a fee to the department and regional transportation agencies for
the services described in subparagraphs (D) and (E) of paragraph
(1), the details of which shall be articulated in an agreement entered
into between the Public Infrastructure Advisory Commission and
the department or the regional transportation agency.

(c) (1) Notwithstanding any other provision of law, only the
department, in cooperation with regional transportation agencies,
and regional transportation agencies, may solicit proposals, accept
unsolicited proposals, negotiate, and enter into comprehensive
development lease agreements with public or private entities, or
consortia thereof, for transportation projects.

(2) Projects proposed pursuant to this section and associated
lease agreements shall be submitted to the California Transportation
Commission. The commission, at a regularly scheduled public
hearing, shall select the candidate projects from projects nominated
by the department or a regional transportation agency after
reviewing the nominations for consistency with paragraphs (3)
and (4). Approved projects may proceed with the process described
in paragraph (5).

(3) The projects authorized pursuant to this section shall be
primarily designed to achieve the following performance
objectives:

(A) Improve mobility by improving travel times or reducing
the number of vehicle hours of delay in the affected corridor.

(B) Improve the operation or safety of the affected corridor.

(C) Provide quantifiable air quality benefits for the region in
which the project is located.

(4) In addition to meeting the requirements of paragraph (3),
the projects authorized pursuant to this section shall address a
known forecast demand, as determined by the department or
regional transportation agency.

(5) At least 60 days prior to executing a final lease agreement
authorized pursuant to this section, the department or regional
transportation agency shall submit the agreement to the Legislature
and the Public Infrastructure Advisory Commission for review.
Prior to submitting a lease agreement to the Legislature and the
Public Infrastructure Advisory Commission, the department or
regional transportation agency shall conduct at least one public
hearing at a location at or near the proposed facility for purposes
of receiving public comment on the lease agreement. Public
comments made during this hearing shall be submitted to the
Legislature and the Public Infrastructure Advisory Commission
with the lease agreement. The Secretary of begin delete Business, end delete Transportation
begin delete and Housing end delete or the chairperson of the Senate or Assembly fiscal
committees or policy committees with jurisdiction over
transportation matters may, by written notification to the
department or regional transportation agency, provide any
comments about the proposed agreement within the 60-day period
prior to the execution of the final agreement. The department or
regional transportation agency shall consider those comments prior
to executing a final agreement and shall retain the discretion for
executing the final lease agreement.

(d) For the purpose of facilitating those projects, the agreements
between the parties may include provisions for the lease of
rights-of-way in, and airspace over or under, highways, public
streets, rail, or related facilities for the granting of necessary
easements, and for the issuance of permits or other authorizations
to enable the construction of transportation projects. Facilities
subject to an agreement under this section shall, at all times, be
owned by the department or the regional transportation agency,
as appropriate. For department projects, the commission shall
certify the department’s determination of the useful life of the
project in establishing the lease agreement terms. In consideration
therefor, the agreement shall provide for complete reversion of the
leased facility, together with the right to collect tolls and user fees,
to the department or regional transportation agency, at the
expiration of the lease at no charge to the department or regional
transportation agency. At the time of the reversion, the facility
shall be delivered to the department or regional transportation
agency, as applicable, in a condition that meets the performance
and maintenance standards established by the department or
regional transportation agency and that is free of any encumbrance,
lien, or other claims.

(e) Agreements between the department or regional
transportation agency and the contracting entity or lessee shall
authorize the contracting entity or lessee to use a design-build
method of procurement for transportation projects, subject to the
requirements for utilizing such a method contained in Chapter 6.5
(commencing with Section 6800) of Part 1 of Division 2 of the
Public Contract Code, other than Sections 6802, 6803, and 6813
of that code, if those provisions are enacted by the Legislature
during the 2009-10 Regular Session, or a 2009-10 extraordinary
session.

(f) (1) (A) Notwithstanding any other provision of this chapter,
for projects on the state highway system, the department is the
responsible agency for the performance of project development
services, including performance specifications, preliminary
engineering, prebid services, the preparation of project reports and
environmental documents, and construction inspection services.
The department is also the responsible agency for the preparation
of documents that may include, but need not be limited to, the size,
type, and desired design character of the project, performance
specifications covering the quality of materials, equipment, and
workmanship, preliminary plans, and any other information deemed
necessary to describe adequately the needs of the department or
regional transportation agency.

(B) The department may use department employees or
consultants to perform the services described in subparagraph (A),
consistent with Article XXII of the California Constitution.
Department resources, including personnel requirements, necessary
for the performance of those services shall be included in the
department’s capital outlay support program for workload purposes
in the annual Budget Act.

(2) The department or a regional transportation agency may
exercise any power possessed by it with respect to transportation
projects to facilitate the transportation projects pursuant to this
section. The department, regional transportation agency, and other
state or local agencies may provide services to the contracting
entity or lessee for which the public entity is reimbursed, including,
but not limited to, planning, environmental planning, environmental
certification, environmental review, preliminary design, design,
right-of-way acquisition, construction, maintenance, and policing
of these transportation projects. The department or regional
transportation agency, as applicable, shall regularly inspect the
facility and require the contracting entity or lessee to maintain and
operate the facility according to adopted standards. Except as may
otherwise be set forth in the lease agreement, the contracting entity
or lessee shall be responsible for all costs due to development,
maintenance, repair, rehabilitation, and reconstruction, and
operating costs.

(g) (1) In selecting private entities with which to enter into
these agreements, notwithstanding any other provision of law, the
department and regional transportation agencies may utilize, but
are not limited to utilizing, one or more of the following
procurement approaches:

(A) Solicitations of proposals for defined projects and calls for
project proposals within defined parameters.

(B) Prequalification and short-listing of proposers prior to final
evaluation of proposals.

(C) Final evaluation of proposals based on qualifications and
best value. The California Transportation Commission shall
develop and adopt criteria for making that evaluation prior to
evaluation of a proposal.

(D) Negotiations with proposers prior to award.

(E) Acceptance of unsolicited proposals, with issuance of
requests for competing proposals. Neither the department nor a
regional transportation agency may award a contract to an
unsolicited bidder without receiving at least one other responsible
bid.

(2) When evaluating a proposal submitted by the contracting
entity or lessee, the department or the regional transportation
agency may award a contract on the basis of the lowest bid or best
value.

(h) The contracting entity or lessee shall have the following
qualifications:

(1) Evidence that the members of the contracting entity or lessee
have completed, or have demonstrated the experience, competency,
capability, and capacity to complete, a project of similar size,
scope, or complexity, and that proposed key personnel have
sufficient experience and training to competently manage and
complete the design and construction of the project, and a financial
statement that ensures that the contracting entity or lessee has the
capacity to complete the project.

(2) The licenses, registration, and credentials required to design
and construct the project, including, but not limited to, information
on the revocation or suspension of any license, credential, or
registration.

(3) Evidence that establishes that members of the contracting
entity or lessee have the capacity to obtain all required payment
and performance bonding, liability insurance, and errors and
omissions insurance.

(4) Evidence that the contracting entity or lessee has workers’
compensation experience, history, and a worker safety program
of members of the contracting entity or lessee that is acceptable
to the department or regional transportation agency.

(5) A full disclosure regarding all of the following with respect
to each member of the contracting entity or lessee during the past
five years:

(A) Any serious or willful violation of Part 1 (commencing with
Section 6300) of Division 5 of the Labor Code or the federal
Occupational Safety and Health Act of 1970 (P.L. 91-596).

(B) Any instance where members of the contracting entity or
lessee were debarred, disqualified, or removed from a federal,
state, or local government public works project.

(C) Any instance where members of the contracting entity or
lessee, or its owners, officers, or managing employees submitted
a bid on a public works project and were found to be nonresponsive
or were found by an awarding body not to be a responsible bidder.

(D) Any instance where members of the contracting entity or
lessee, or its owners, officers, or managing employees defaulted
on a construction contract.

(E) Any violations of the Contractors’ State License Law
(Chapter 9 (commencing with Section 7000) of Division 3 of the
Business and Professions Code), including, but not limited to,
alleged violations of federal or state law regarding the payment of
wages, benefits, apprenticeship requirements, or personal income
tax withholding, or Federal Insurance Contributions Act (FICA)
withholding requirements.

(F) Any bankruptcy or receivership of any member of the
contracting entity or lessee, including, but not limited to,
information concerning any work completed by a surety.

(G) Any settled adverse claims, disputes, or lawsuits between
the owner of a public works project and any member of the
contracting entity or lessee during the five years preceding
submission of a bid under this article, in which the claim,
settlement, or judgment exceeds fifty thousand dollars ($50,000).
Information shall also be provided concerning any work completed
by a surety during this five-year period.

(H) If the contracting entity or lessee is a partnership, joint
venture, or an association that is not a legal entity, a copy of the
agreement creating the partnership or association that specifies
that all general partners, joint venturers, or association members
agree to be fully liable for the performance under the agreement.

(i) No agreement entered into pursuant to this section shall
infringe on the authority of the department or a regional
transportation agency to develop, maintain, repair, rehabilitate,
operate, or lease any transportation project. Lease agreements may
provide for reasonable compensation to the contracting entity or
lessee for the adverse effects on toll revenue or user fee revenue
due to the development, operation, or lease of supplemental
transportation projects with the exception of any of the following:

(1) Projects identified in regional transportation plans prepared
pursuant to Section 65080 of the Government Code.

(2) Safety projects.

(3) Improvement projects that will result in incidental capacity
increases.

(4) Additional high-occupancy vehicle lanes or the conversion
of existing lanes to high-occupancy vehicle lanes.

(5) Projects located outside the boundaries of a public-private
partnership project, to be defined by the lease agreement.

However, compensation to a contracting entity or lessee shall
only be made after a demonstrable reduction in use of the facility
resulting in reduced toll or user fee revenues, and may not exceed
the difference between the reduction in those revenues and the
amount necessary to cover the costs of debt service, including
principal and interest on any debt incurred for the development,
operation, maintenance, or rehabilitation of the facility.

(j) (1) Agreements entered into pursuant to this section shall
authorize the contracting entity or lessee to impose tolls and user
fees for use of a facility constructed by it, and shall require that
over the term of the lease the toll revenues and user fees be applied
to payment of the capital outlay costs for the project, the costs
associated with operations, toll and user fee collection,
administration of the facility, reimbursement to the department or
other governmental entity for the costs of services to develop and
maintain the project, police services, and a reasonable return on
investment. The agreement shall require that, notwithstanding
Sections 164, 188, and 188.1, any excess toll or user fee revenue
either be applied to any indebtedness incurred by the contracting
entity or lessee with respect to the project, improvements to the
project, or be paid into the State Highway Account, or for all three
purposes, except that any excess toll revenue under a lease
agreement with a regional transportation agency may be paid to
the regional transportation agency for use in improving public
transportation in and near the project boundaries.

(2) Lease agreements shall establish specific toll or user fee
rates. Any proposed increase in those rates not otherwise
established or identified in the lease agreement during the term of
the agreement shall first be approved by the department or regional
transportation agency, as appropriate, after at least one public
hearing conducted at a location near the proposed or existing
facility.

(3) The collection of tolls and user fees for the use of these
facilities may be extended by the commission or regional
transportation agency at the expiration of the lease agreement.
However, those tolls or user fees shall not be used for any purpose
other than for the improvement, continued operation, or
maintenance of the facility.

(k) Agreements entered into pursuant to this section shall include
indemnity, defense, and hold harmless provisions agreed to by the
department or regional transportation agency and the contracting
entity or lessee, including provisions for indemnifying the State
of California or the regional transportation agency against any
claims or losses resulting or accruing from the performance of the
contracting entity or lessee.

(l) The plans and specifications for each transportation project
on the state highway system developed, maintained, repaired,
rehabilitated, reconstructed, or operated pursuant to this section
shall comply with the department’s standards for state
transportation projects. The lease agreement shall include
performance standards, including, but not limited to, levels of
service. The agreement shall require facilities on the state highway
system to meet all requirements for noise mitigation, landscaping,
pollution control, and safety that otherwise would apply if the
department were designing, building, and operating the facility.
If a facility is on the state highway system, the facility leased
pursuant to this section shall, during the term of the lease, be
deemed to be a part of the state highway system for purposes of
identification, maintenance, enforcement of traffic laws, and for
the purposes of Division 3.6 (commencing with Section 810) of
Title 1 of the Government Code.

(m) Failure to comply with the lease agreement in any significant
manner shall constitute a default under the agreement and the
department or the regional transportation agency, as appropriate,
shall have the option to initiate processes to revert the facility to
the public agency.

(n) The assignment authorized by subdivision (c) of Section
130240 of the Public Utilities Code is consistent with this section.

(o) A lease to a private entity pursuant to this section is deemed
to be public property for a public purpose and exempt from
leasehold, real property, and ad valorem taxation, except for the
use, if any, of that property for ancillary commercial purposes.

(p) Nothing in this section is intended to infringe on the authority
to develop high-occupancy toll lanes pursuant to Section 149.4,
149.5, or 149.6.

(q) Nothing in this section shall be construed to allow the
conversion of any existing nontoll or nonuser-fee lanes into tolled
or user fee lanes with the exception of a high-occupancy vehicle
lane that may be operated as a high-occupancy toll lane for vehicles
not otherwise meeting the requirements for use of that lane.

(r) The lease agreement shall require the contracting entity or
lessee to provide any information or data requested by the
California Transportation Commission or the Legislative Analyst.
The commission, in cooperation with the Legislative Analyst, shall
annually prepare a report on the progress of each project and
ultimately on the operation of the resulting facility. The report
shall include, but not be limited to, a review of the performance
standards, a financial analysis, and any concerns or
recommendations for changes in the program authorized by this
section.

(s) Notwithstanding any other provision of this section, no lease
agreement may be entered into pursuant to the section that affects,
alters, or supersedes the Memorandum of Understanding (MOU),
dated November 26, 2008, entered into by the Golden Gate Bridge
Highway and Transportation District, the Metropolitan
Transportation Commission, and the San Francisco County
Transportation Authority, relating to the financing of the U.S.
Highway 101/Doyle Drive reconstruction project located in the
City and County of San Francisco.

(t) No lease agreements may be entered into under this section
on or after January 1, 2017.

begin delete SEC. 4. end delete
begin insert SEC. 5. end insert   

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

182.6.  

(a) Notwithstanding Sections 182 and 182.5, Sections
188, 188.8, and 825 do not apply to the expenditure of an amount
of federal funds equal to the amount of federal funds apportioned
to the state pursuant to that portion of subsection (b)(3) of Section
104, subsections (a) and (c) of Section 157, and subsection (d) of
Section 160 of Title 23 of the United States Code that is allocated
within the state subject to subsection (d)(3) of Section 133 of that
code. These funds shall be known as the regional surface
transportation program funds. The department, the transportation
planning agencies, the county transportation commissions, and the
metropolitan planning organizations may do all things necessary
in their jurisdictions to secure and expend those federal funds in
accordance with the intent of federal law and this chapter.

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

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

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

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

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

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

(e) The department shall notify each metropolitan planning
organization, county transportation commission, and transportation
planning agency receiving an apportionment under this section,
as soon as possible each year, of the amount of begin delete obligational end delete
begin insert obligation end insert authority estimated to be available for program purposes.

The metropolitan planning organization and transportation
planning agency, in cooperation with the department, congestion
management agencies, cities, counties, and affected transit
operators, shall select and program projects in conformance with
federal law. The metropolitan planning organization and
transportation planning agency shall submit its begin delete federal
transportation improvement program end delete begin insert Federal Transportation
Improvement Program end insert prepared pursuant to Section 134 of Title
23 of the United States Code to the department for incorporation
into the begin delete federal statewide transportation improvement program end delete
begin insert Federal Statewide Transportation Improvement Program end insert not later
than October 1 of each even-numbered year. The begin delete federal
transportation improvement program end delete begin insert Federal Transportation
Improvement Programs end insert shall, at a minimum, include the years
covered by the begin delete federal statewide transportation improvement
program. end delete begin insert Federal Statewide Transportation Improvement Program. end insert

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

(g) A regional transportation planning agency that is not
designated as, nor represented by, a metropolitan planning
organization with an urbanized area population greater than
200,000 pursuant to the 1990 federal census may exchange its
annual apportionment received pursuant to this section on a
dollar-for-dollar basis for nonfederal State Highway Account funds,
which shall be apportioned in accordance with subdivision (d).

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

(2) A county not included in a regional transportation planning
agency described in subdivision (g), whose apportionment pursuant
to paragraph (2) of subdivision (d) was less than 1 percent of the
total amount apportioned to all counties in the state, may exchange
its apportionment for nonfederal State Highway Account funds.
If the apportionment to the county was more than 31⁄2 percent of
the total apportioned to all counties in the state, it may exchange
that portion of its apportionment in excess of 31⁄2 percent for
nonfederal State Highway Account funds. Exchange funds received
by a county pursuant to this section may be used for any
transportation purpose.

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

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

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

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

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

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

begin delete SEC. 5. end delete
begin insert SEC. 6. end insert   

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

182.7.  

(a) Notwithstanding Sections 182 and 182.5, Sections
188, 188.8, and 825 do not apply to the expenditure of an amount
of federal funds equal to the amount of federal funds apportioned
to the state pursuant to Section 104(b)(4) of Title 23 of the United
States Code. These funds shall be known as the congestion
mitigation and air quality improvement program funds and shall
be expended in accordance with Section 149 of Title 23 of the
United States Code, including the requirements relating to
particulate matter less than 2.5 micrometers in diameter in
subsections (g) and (k) of the section. The department, the
transportation planning agencies, and the metropolitan planning
organizations may do all things necessary in their jurisdictions to
secure and expend those federal funds in accordance with the intent
of federal law and this chapter.

(b) The congestion mitigation and air quality improvement
program funds shall be apportioned by the department to the
metropolitan planning organizations designated pursuant to Section
134 of Title 23 of the United States Code and, in areas where none
has been designated, to the transportation planning agency
begin delete designated end delete begin insert established end insert by Section 29532 or 29532.1 of the
Government Code. All funds apportioned to the state pursuant to
Section 104(b)(4) of Title 23 of the United States Code shall be
apportioned to metropolitan planning organizations and
transportation planning agencies responsible for air quality
conformity determinations in federally designated air quality
nonattainment and maintenance areas within the state as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(d) The department shall notify each metropolitan planning
organization, transportation planning agency, and county
transportation commission receiving an apportionment under this
section, as soon as possible each year, of the amount of obligational
authority estimated to be available for expenditure from the federal
apportionment. The metropolitan planning organizations,
transportation planning agencies, and county transportation
commissions, in cooperation with the department, congestion
management agencies, cities and counties, and affected transit
operators, shall select and program projects in conformance with
federal law. Each metropolitan planning organization and
transportation planning agency shall, not later than October 1 of
each even-numbered year, submit its begin delete federal transportation
improvement program end delete begin insert Federal Transportation Improvement
Program end insert prepared pursuant to Section 134 of Title 23 of the United
States Code to the department for incorporation into the begin delete federal
statewide transportation improvement program. end delete begin insert Federal Statewide
Transportation Improvement Program. end insert Federal begin delete transportation
improvement programs end delete begin insert Transportation Improvement Programs end insert
shall, at a minimum, include the years covered by the begin delete federal
statewide transportation improvement program. end delete begin insert Federal Statewide
Transportation Improvement Program. end insert

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

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

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

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

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

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

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

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 253.7 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

253.7.  

The California freeway and expressway system shall
also include:

Route 133 from Route 73 to Route 241.

Route 137 from Route 99 near Tulare to Route 65 near Lindsay.

Route 138 from Route 5 near Gorman to Route 15 near Cajon
Pass.

Route 142 from Route 71 near Chino to Route 210 near Upland.

Route 152 from Route 101 to Route 65 near Sharon via Pacheco
Pass.

Route 160 from:

(a) Route 4 near Antioch to Route 12 near Rio Vista.

(b) Sacramento to Route 51.

Route 166 from:

(a) Route 101 near Santa Maria to Route 33 in Cuyama Valley.

(b) Route 33 near Maricopa to Route 5.

Route 168 from Fresno to Huntington Lake.

Route 170 begin delete from: end delete

begin delete

(a) Los Angeles International Airport to Route 90.

end delete

begin delete (b) end delete begin delete   end delete begin insert from end insert Route 101 near Riverside Drive to Route 5 near
Tujunga Wash.

Route 178 from:

(a) Bakersfield to Route 14 near Freeman.

(b) Route 14 near Freeman to the vicinity of the San Bernardino
county line.

Route 180 from:

(a) Route 25 near Paicines to Route 5.

(b) Route 5 to Route 99 passing near Mendota.

(c) Route 99 near Fresno to General Grant Grove section of
Kings Canyon National Park.

Route 190 from Route 136 near Keeler to Route 127 near Death
Valley Junction.

Route 193 from Route 65 near Lincoln to Route 80 near
Newcastle.

Route 198 from Route 5 near Oilfields to the Sequoia National
Park line.

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 470 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

470.  

(a) Route 170 is begin delete from: end delete begin insert from Route 101 near Riverside
Drive to Route 5 near Tujunga Wash. end insert

begin delete

(1) Los Angeles International Airport to Route 90.

end delete begin delete

(2) Route 101 near Riverside Drive to Route 5 near Tujunga
Wash.

end delete

(b) The relinquished former portion of Route 170 within the
City of Los Angeles between Route 2 and Route 101 is not a state
highway and is not eligible for adoption under Section 81. For that
relinquished former portion of Route 170, the City of Los Angeles
shall maintain signs directing motorists to the continuation of
Route 170.

begin delete SEC. 6. end delete
begin insert SEC. 9. end insert   

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

890.4.  

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

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

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

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

(d) Cycle tracks or separated bikeways, also referred to as “Class
IV bikeways,” which promote active transportation and provide a
right-of-way designated exclusively for bicycle travel adjacent to
a roadway and which are separated from vehicular traffic. Types
of separation include, but are not limited to, grade separation,
flexible posts, inflexible physical barriers, or on-street parking.

begin delete SEC. 7. end delete
begin insert SEC. 10. end insert   

Section 1808 of the Vehicle Code is amended to read:

1808.  

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

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

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

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

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

(c) The department shall make available or disclose suspensions
and revocations of the driving privilege while the suspension or
revocation is in effect and for three years following termination
of the action or reinstatement of the privilege, except that driver’s
license suspension actions taken pursuant to Sections 13202.6 and
13202.7, Section 17520 of the Family Code, or Section 256 or
former Section 11350.6 of the Welfare and Institutions Code shall
be disclosed only during the actual time period in which the
suspension is in effect.

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

(e) The department shall not make available or disclose personal
information about a person unless the disclosure is in compliance
with the Driver’s Privacy Protection Act of 1994 (18 U.S.C. Sec.
2721 et seq.). However, a disclosure is subject to the prohibition
in paragraph (2) of subdivision (a) of Section 12800.5.

(f) The department shall make available or disclose to the courts
and law enforcement agencies a conviction of Section 23103, as
specified in Section 23103.5, or a conviction of Section 23140,
23152, or 23153, or Section 655 of the Harbors and Navigation
Code, or paragraph (1) of subdivision (c) of Section 192 of the
Penal Code for a period of 10 years from the date of the offense
for the purpose of imposing penalties mandated by this code, or
by other applicable provisions of California law.

(g) The department shall make available or disclose to the courts
and law enforcement agencies a conviction of Section 191.5, or
subdivision (a) of Section 192.5 of the Penal Code, punished as a
felony, for the purpose of imposing penalties mandated by Section
23550.5, or by other applicable provisions of California law.

begin delete SEC. 8. end delete
begin insert SEC. 11. end insert   

Section 1808.1 of the Vehicle Code is amended to
read:

1808.1.  

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

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

(c) The employer of a driver of a vehicle specified in subdivision
(k) shall, additionally, obtain a periodic report from the department
at least every 12 months. The employer shall verify that each
employee’s driver’s license has not been suspended or revoked,
the employee’s traffic violation point count, and whether the
employee has been convicted of a violation of Section 23152 or
23153. The report shall be signed and dated by the employer and
maintained at the employer’s principal place of business. The
report shall be presented upon demand to an authorized
representative of the Department of the California Highway Patrol
during regular business hours.

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

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

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

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

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

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

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

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

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

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

(k) This section applies to a vehicle for the operation of which
the driver is required to have a class A or class B driver’s license,
a class C license with any endorsement issued pursuant to Section
15278, a class C license issued pursuant to Section 12814.7, or a
certificate issued pursuant to Section 12517, 12519, 12520, 12523,
12523.5, or 12527, or a passenger vehicle having a seating capacity
of not more than 10 persons, including the driver, operated for
compensation by a charter-party carrier of passengers or passenger
stage corporation pursuant to a certificate of public convenience
and necessity or a permit issued by the Public Utilities
Commission.

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

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

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

begin delete SEC. 9. end delete
begin insert SEC. 12. end insert   

Section 13558 of the Vehicle Code is amended to
read:

13558.  

(a) Any person, who has received a notice of an order
of suspension or revocation of the person’s privilege to operate a
motor vehicle pursuant to Section 13353, 13353.1, 13353.2, 13388,
23612, or 13382 or a notice pursuant to Section 13557, may request
a hearing on the matter pursuant to Article 3 (commencing with
Section 14100) of Chapter 3, except as otherwise provided in this
section.

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

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

(2) The only issues at the hearing on an order of suspension
pursuant to Section 13353.2 shall be those facts listed in paragraph
(3) of subdivision (b) of Section 13557. Notwithstanding Section
14106, the period of suspension specified in Section 13353.3 shall
not be reduced.

(d) The department shall hold the administrative hearing before
the effective date of the order of suspension or revocation if the
request for the hearing is postmarked or received by the department
on or before 10 days after the person’s receipt of the service of the
notice of the order of suspension or revocation pursuant to Section
13353.2, 13388, 23612, or 13382.

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

(f) The department shall give written notice of its determination
pursuant to Section 14105. If the department determines, upon a
hearing of the matter, to suspend or revoke the person’s privilege
to operate a motor vehicle, notwithstanding the term of any
temporary permit issued pursuant to Section 13388, 23612, or
13382, the temporary permit shall be revoked and the suspension
or revocation of the person’s privilege to operate a motor vehicle
shall become effective five days after notice is given. If the
department sustains the order of suspension or revocation, the
department shall include notice that the person has a right to review
by the court pursuant to Section 13559.

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

begin delete SEC. 10. end delete
begin insert SEC. 13. end insert   

Section 16020.1 of the Vehicle Code is amended to
read:

16020.1.  

(a) On and after January 1, 2020, Section 4000.37
does not apply to vehicle owners with a residence address in the
County of Los Angeles at the time of registration renewal.

(b) On and after January 1, 2020, subdivisions (a) and (b) of
Section 16028 do not apply to a person who drives a motor vehicle
upon a highway in the County of Los Angeles.

begin delete SEC. 11. end delete
begin insert SEC. 14. end insert   

Section 16020.2 of the Vehicle Code is amended to
read:

16020.2.  

(a) On and after January 1, 2020, Section 4000.37
does not apply to vehicle owners with a residence address in the
City and County of San Francisco at the time of registration
renewal.

(b) On and after January 1, 2020, subdivisions (a) and (b) of
Section 16028 do not apply to a person who drives a motor vehicle
upon a highway in the City and County of San Francisco.

begin delete SEC. 12. end delete
begin insert SEC. 15. end insert   

Section 24002 of the Vehicle Code is amended to
read:

24002.  

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

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

(c) A motor carrier shall not require a person to drive a
commercial motor vehicle unless the begin delete person, end delete begin insert driver can, end insert by reason
of experience, training, or both, begin delete is able to end delete determine whether the
cargo being transported, including baggage in a passenger-carrying
commercial vehicle, has been properly located, distributed, and
secured in or on the begin delete vehicle. end delete begin insert commercial motor vehicle operated
by the driver. end insert

(d) A driver shall not operate a commercial motor vehicle unless
the begin delete driver, end delete begin insert driver can, end insert by reason of experience, training, or both,
begin delete is able to end delete demonstrate familiarity with the methods and procedures
for securing begin delete cargo, including baggage in a passenger-carrying
commercial vehicle, end delete begin insert cargo end insert in or on the begin delete vehicle. end delete begin insert commercial motor
vehicle operated by the driver. end insert

(e)  begin delete A motor carrier and a driver of a end delete begin insert Drivers and motor carriers
of end insert commercial motor begin delete vehicle end delete begin insert vehicles end insert shall comply with Section
392.9 of Title 49 of the Code of Federal Regulations.

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 24017 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

24017.  

A begin delete transit bus end delete begin insert commercial motor vehicle, as defined in
Section 260, end insert operated by a motor carrier, whether the motor carrier
is a private company or a public begin delete agency, that provides public
transportation services end delete begin insert agency end insert shall be equipped with a
speedometer that shall be maintained in good working order. begin insert The
speedometer shall indicate the vehicle’s speed in miles per hour
or kilometers (km) per hour and shall be accurate to within plus
or minus 5 miles per hour (8 km/hour) at a speed of 50 miles per
hour (80 km/hour). end insert

begin insert

begin insert SEC. 17. end insert   

end insert

begin insert Section 24604 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

24604.  

begin insert (a) end insert begin insert   end insert Whenever the load upon any vehicle extends, or
whenever any integral part of any vehicle projects, to the rear four
feet or more beyond the rear of the vehicle, as measured from the
taillamps, there shall be displayed at the extreme end of the load
or projecting part of the vehicle during darkness, in addition to the
required taillamp, two red lights with a bulb rated not in excess of
six candlepower plainly visible from a distance of at least 500 feet
to the sides and rear. At any other time there shall be displayed at
the extreme end of the load or projecting part of the vehicle a solid
red or fluorescent orange flag or cloth not less than begin delete 12 end delete begin insert 18 end insert inches
square.

begin insert

(b) There shall be a single flag or cloth at the extreme rear if
the projecting load is two feet wide or less. Two warning flags or
cloths are required if the projecting load is wider than two feet.
Flags or cloths shall be located to indicate maximum width of
loads that extend beyond the sides or rear of the vehicle.

end insert

begin insert

begin insert SEC. 18. end insert   

end insert

begin insert Section 25104 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

25104.  

begin insert (a) end insert begin insert   end insert Any vehicle or equipment that requires a permit
issued pursuant to Article 6 (commencing with Section 35780) of
Chapter 5 of Division 15 because it is wider than permitted under
Chapter 2 (commencing with Section 35100) of Division 15 shall
display a solid red or fluorescent orange flag or cloth not less than
begin delete 12 end delete begin insert 18 end insert inches square at the begin delete extreme left front and left rear end delete
begin insert extremities end insert of the vehicle or equipment, if the vehicle or equipment
is being operated other than during darkness.

begin insert

(b) Any vehicle defined in Section 34500 transporting a load
that extends beyond the sides of the vehicle by more than four
inches shall also comply with subdivision (a).

end insert

begin insert

begin insert SEC. 19. end insert   

end insert

begin insert Section 25305 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

25305.  

(a) No person shall place, deposit, or display upon or
adjacent to any highway any lighted fusee, except as a warning to
approaching vehicular traffic or railroad trains, or both, of an
existing hazard upon or adjacent to the highway or
highway-railroad crossing.

(b) It is unlawful to use any fusee which produces other than a
red light. The provisions of this subdivision shall not apply to any
railroad, as defined in Section 229 of the Public Utilities Code.

begin insert

(c) No person shall attach or permit any person to attach a
lighted fusee to any part of a vehicle.

end insert

begin insert

begin insert SEC. 20. end insert   

end insert

begin insert Section 25803 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

25803.  

(a) All vehicles not otherwise required to be equipped
with headlamps, rear lights, or reflectors by this chapter shall, if
operated on a highway during darkness, be equipped with a lamp
exhibiting a red light visible from a distance of 500 feet to the rear
of the vehicle. In addition, all of these vehicles operated alone or
as the first vehicle in a combination of vehicles, shall be equipped
with at least one lighted lamp exhibiting a white light visible from
a distance of 500 feet to the front of the vehicle.

(b) A vehicle shall also be equipped with an amber reflector on
the front near the left side and a red reflector on the rear near the
left side. The reflectors shall be mounted on the vehicle not lower
than 16 inches nor higher than 60 inches above the ground and so
designed and maintained as to be visible during darkness from all
distances within 500 feet from the vehicle when directly in front
of a motor vehicle displaying lawful lighted headlamps undimmed.

(c) In addition, if a vehicle described in subdivision (a) or the
load thereon has a total outside width in excess of 100 inches there
shall be displayed during darkness at the left outer extremity at
least one amber light visible under normal atmospheric conditions
from a distance of 500 feet to the front, sides, and rear. At all other
times there shall be displayed at the left outer extremity a solid
red or fluorescent orange flag or cloth not less than begin delete 12 end delete begin insert 18 end insert inches
square.

begin insert

begin insert SEC. 21. end insert   

end insert

begin insert Section 26311 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

26311.  

(a) Every motor vehicle shall be equipped with service
brakes on all begin delete wheels, end delete begin insert wheels in contact with the roadway, end insert except
as follows:

(1) Trucks and truck tractors manufactured before begin delete January 1,
1982, end delete begin insert July 25, 1980, end insert having three or more axles need not have
brakes on the front wheels, except when such vehicles are equipped
with at least two steerable axles, the wheels of one such axle need
not be equipped with brakes.

(2)  begin delete Any vehicle being end delete begin insert The final end insert towed begin insert vehicle end insert in a begin insert triple
saddle-mount end insert driveaway-towaway operation.

(3) Any vehicle manufactured prior to 1930.

(4) Any two-axle truck tractor manufactured prior to 1964.

(5) Any sidecar attached to a motorcycle.

(6) Any motorcycle manufactured prior to 1966. Such
motorcycle shall be equipped with brakes on at least one wheel.

(b) Any bus, truck, or truck tractor may be equipped with a
manual or automatic means for reducing the braking effort on the
front wheels. The manual means shall be used only when operating
under adverse road conditions, such as wet, snowy, or icy roads.

(c) Vehicles and combinations of vehicles exempted in
subdivisions (a) and (b) from the requirements of brakes on all
wheels shall comply with the stopping distance requirements of
Section 26454.

begin insert

begin insert SEC. 22. end insert   

end insert

begin insert Section 27154.1 is added to the end insert begin insert Vehicle Code end insert begin insert , to
read: end insert

begin insert

begin insert 27154.1. end insert   

(a) The flooring in all motor vehicles shall be
substantially constructed, free of unnecessary holes and openings
and shall be maintained so as to minimize the entrance of fumes,
exhaust gases, or fire.

(b) Floors shall not be permeated with oil or other substances
likely to cause injury to persons using the floor as a traction
surface.

end insert

begin insert

begin insert SEC. 23. end insert   

end insert

begin insert Section 27400 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

27400.  

A person operating a motor vehicle or bicycle may not
wear a headset covering, begin delete or end delete earplugs begin insert in, or earphones covering,
resting on, or inserted end insert in, both ears. This prohibition does not
apply to any of the following:

(a) A person operating authorized emergency vehicles, as
defined in Section 165.

(b) A person engaged in the operation of either special
construction equipment or equipment for use in the maintenance
of any highway.

(c) A person engaged in the operation of refuse collection
equipment who is wearing a safety headset or safety earplugs.

(d) A person wearing personal hearing protectors in the form
of earplugs or molds that are specifically designed to attenuate
injurious noise levels. The plugs or molds shall be designed in a
manner so as to not inhibit the wearer’s ability to hear a siren or
horn from an emergency vehicle or a horn from another motor
vehicle.

(e) A person using a prosthetic device that aids the hard of
hearing.

begin insert

begin insert SEC. 24. end insert   

end insert

begin insert Section 29007 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

29007.  

The requirements of Section 29004 shall not apply to
vehicles engaged in driveaway-towaway operations if all the
following conditions are met:

(a) The towed vehicle has one end supported by the towing
vehicle.

(b) The towed vehicle is secured to the towing vehicle by a
device designed and constructed as to be readily demountable and
to perform the functions of a fifth-wheel-type connection.

(c) The fifth-wheel-type connection device is securely affixed
to the vehicles to prevent shifting of the device on the vehicles to
which it is attached.

(d) The fifth-wheel-type connection device provides a means
of variation of inclination between the towing and towed vehicle
due to vertical curvatures of the highway. Such means shall not
depend upon either the looseness or deformation of the connection
or the vehicles to provide for such variation.

begin insert

(e) No more than three saddle-mounts may be used in any
combination.

end insert begin insert

(f) No more than one tow-bar or ball-and-socket type coupling
device may be used in any combination.

end insert begin insert

(g) Driveaway-towaway combinations shall comply with all
provisions specified in Section 393.71 of Title 49 of the Code of
Federal Regulations.

end insert

begin insert

begin insert SEC. 25. end insert   

end insert

begin insert Section 34500.3 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

34500.3.  

(a) The department shall adopt rules and regulations
that are designed to promote the safe operation of vehicles,
regarding cargo securement standards. The regulations adopted
pursuant to this section shall be consistent with the securement
regulations adopted by the United States Department of
Transportation in Part 393 (commencing with Section 393.1) of
Title 49 of the Code of Federal Regulations, as those regulations
now exist or are amended in the future.

begin delete

(b) Regulations adopted pursuant to subdivision (a) do not apply
to the transportation of a pole on a pole dolly by a public utility
company or a local public agency engaged in the business of
supplying electricity or telephone service, by the Department of
Transportation, or by a licensed contractor in the performance of
work for a public utility company, a local agency, or the
Department of Transportation, when the transportation is between
storage yards or between a storage yard and job location where
the pole is to be used. However, no more than nine poles shall be
transported on a dolly if any of those poles exceeds a length of 30
feet. If poles 30 feet or less are transported by a pole or pipe dolly,
no more than 18 poles shall be transported. A pole shall be
adequately secured when being transported on a dolly, to prevent
shifting or spilling of a load.

(c)

end delete

begin insert (b) end insert  Regulations adopted pursuant to subdivision (a) do not apply
to a farmer transporting his or her own hay or straw, incidental to
his or her farming operation, if that transportation requires that the
farmer use a highway, except that this subdivision does not relieve
the farmer from loading and securing the hay or straw in a safe
manner.

begin insert

begin insert SEC. 26. end insert   

end insert

begin insert Section 34500.5 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

34500.5.  

For purposes of this division, the term “commercial
motor vehicle” has the same meaning as defined in subdivision
(b) of Section begin delete 15210. end delete begin insert 15210, or any vehicle listed in Section 34500. end insert

begin insert

begin insert SEC. 27. end insert   

end insert

begin insert Section 34520 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

34520.  

(a) Motor carriers and drivers shall comply with the
controlled substances and alcohol use, transportation, and testing
requirements of the United States Secretary of Transportation as
set forth in Part 382 (commencing with Section 382.101) of, and
Sections begin delete 392.5(a)(1) and 392.5(a)(3) end delete begin insert 392.4 and 392.5 end insert of, Title 49
of the Code of Federal Regulations.

(b) (1) A motor carrier shall make available for inspection,
upon the request of an authorized employee of the department,
copies of all results and other records pertaining to controlled
substances and alcohol use and testing conducted pursuant to
federal law, as specified in subdivision (a), including those records
contained in individual driver qualification files.

(2) For the purposes of complying with the return-to-duty
alcohol or controlled substances test requirements, or both, of
Section 382.309 of Title 49 of the Code of Federal Regulations
and the followup alcohol or controlled substances test requirements,
or both, of Section 382.311 of that title, the department may use
those test results to monitor drivers who are motor carriers.

(3) Evidence derived from a positive test result in the possession
of a motor carrier shall not be admissible in a criminal prosecution
concerning unlawful possession, sale, or distribution of controlled
substances.

(c) A drug or alcohol testing consortium, as defined in Section
382.107 of Title 49 of the Code of Federal Regulations, shall mail
a copy of all drug and alcohol positive test result summaries to the
department within three days of the test. This requirement applies
only to drug and alcohol positive tests of those drivers employed
by motor carriers who operate terminals within this state.

(d) A transit agency receiving federal financial assistance under
Section 3, 9, or 18 of the Federal Transit Act, or under Section
103(e)(4) of Title 23 of the United States Code, shall comply with
the controlled substances and alcohol use and testing requirements
of the United States Secretary of Transportation as set forth in Part
655 (commencing with Section 655.1) of Title 49 of the Code of
Federal Regulations.

(e) The owner-operator shall notify all other motor carriers with
whom he or she is under contract when the owner-operator has
met the requirements of subdivision (c) of Section 15242.
Notwithstanding subdivision (i), a violation of this subdivision is
an infraction.

(f) Except as provided in Section 382.301 of Title 49 of the
Code of Federal Regulations, an applicant for employment as a
commercial driver or an owner-operator seeking to provide
transportation services and meeting the requirements of subdivision
(b) of Section 34624, may not be placed on duty by a motor carrier
until a preemployment test for controlled substances and alcohol
use meeting the requirements of the federal regulations referenced
in subdivision (a) have been completed and a negative test result
has been reported.

(g) An applicant for employment as a commercial driver or an
owner-operator, seeking to provide transportation services and
meeting the requirements of subdivision (b) of Section 34624, may
not be placed on duty by a motor carrier until the motor carrier
has completed a full investigation of the driver’s employment
history meeting the requirements of the federal regulations cited
under subdivision (a). Every motor carrier, whether making or
receiving inquiries concerning a driver’s history, shall document
all activities it has taken to comply with this subdivision.

(h) A motor carrier that utilizes a preemployment screening
service to review applications is in compliance with the employer
duties under subdivisions (e) and (f) if the preemployment
screening services that are provided satisfy the requirements of
state and federal law and the motor carrier abides by any findings
that would, under federal law, disqualify an applicant from
operating a commercial vehicle.

(i) It is a misdemeanor punishable by imprisonment in the county
jail for six months and a fine not to exceed five thousand dollars
($5,000), or by both the imprisonment and fine, for a person to
willfully violate this section. As used in this subdivision,
“willfully” has the same meaning as defined in Section 7 of the
Penal Code.

(j) This section does not apply to a peace officer, as defined in
Section 830.1 or 830.2 of the Penal Code, who is authorized to
drive vehicles described in Section 34500, or to a firefighter, as
defined in subdivision (f) of Section 15250.6, who is authorized
to operate firefighting equipment as defined in subdivision (g) of
Section 15250.6, if that peace officer or firefighter is participating
in a substance abuse detection program within the scope of his or
her employment.

begin delete SEC. 13. end delete
begin insert SEC. 28. end insert   

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