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 revenuesend delete to hold begin delete at least one annualend delete public begin delete meetingend delete 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 annualend delete public begin delete meetingend delete to adopt criteria for expenditure of funds, begin delete unlessend delete the criteria have been modified from the previous begin delete year.end delete
(2) Existing law requires the employers of drivers of certain types of vehicles, including vehicles for which the driver is required to have a Class C license with a hazardous materials endorsement, to enroll these drivers in the pull notice system under which the Department of Motor Vehicles notifies the employer of information appearing on a driver’s driving record.
This bill would require the employer to enroll in the pull notice system any driver of a vehicle for which a Class C license with any endorsement is required.
(3) Existing law, among other things, provides that it is unlawful to operate any vehicle or vehicle combination that is in an unsafe condition, or that is not safely loaded, and that presents an immediate safety hazard, or that is not equipped as required by the Vehicle Code.
This bill would prohibit a motor carrier from requiring a person to drive a commercial motor vehicle unless the person, by experience, training, or both, can determine whether transported cargo, including passenger baggage, has been properly located, distributed, and secured, as specified. The bill would prohibit a driver from operating a commercial motor vehicle unless the driver can demonstrate familiarity with the methods and procedures for securing cargo. The bill would also require motor carriers and commercial motor vehicle drivers to comply with certain federal motor carrier regulations. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program.
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.
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.
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.
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.
This bill would also correct several erroneous cross-references.
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 14526.5 of the Government Code is
2amended to read:
(a) Based on the asset management plan prepared
4and approved pursuant to Section 14526.4, the department shall
5prepare a state highway operation and protection program for the
6expenditure of transportation funds for major capital improvements
7that are necessary to preserve and protect the state highway system.
8Projects included in the program shall be limited to capital
9improvements relative to maintenance, safety, and rehabilitation
10of state highways and bridges that do not add a new traffic lane to
12(b) The program shall include projects that are expected to be
13advertised prior to July 1 of the year following submission of the
14program, but which have not yet been funded. The program shall
15include those projects for which construction is to begin within
16four fiscal years, starting July 1 of the year following the year the
17program is submitted.
P7 1(c) The department, at a minimum, shall specify, for each project
2in the state highway operation and protection program, the capital
3and support budget for each of the following project components,
4as well as a projected delivery date for components (1), (2), and
6(1) Completion of project approval and environmental
8(2) Preparation of plans, specifications, and estimates.
9(3) Acquisition of rights-of-way, including, but not limited to,
12(d) The program shall be submitted to the commission not later
13than January 31 of each even-numbered year. Prior to submitting
14the plan, the department shall make a draft of its proposed program
15available to transportation planning agencies for review and
16comment and shall include the comments in its submittal to the
18(e) The commission may review the program relative to its
19overall adequacy, consistency with the asset management plan
20prepared and approved pursuant to Section 14526.4 and funding
21priorities established in Section 167 of the Streets and Highways
22Code, the level of annual funding needed to implement the
23program, and the impact of those expenditures on the state
24transportation improvement program. The commission shall adopt
25the program and submit it to the Legislature and the Governor not
26later than April 1 of each even-numbered year. The commission
27may decline to adopt the program if the commission determines
28that the program is not sufficiently consistent with the asset
29management plan prepared and approved pursuant to Section
31(f) Expenditures for these projects shall not be subject to
32Sections 188 and 188.8 of the Streets and Highways Code.
Section 65074 of the Government Code is amended
The Department of Transportation shall prepare, in
36cooperation with the metropolitan planning
begin delete organizations,end delete
begin delete federal statewide transportation improvement programend delete in accordance
39with subsection (g) of Section 135 of Title 23 of the United States
begin delete federal
transportation improvement programend delete
P8 1 shall be
2submitted by the department to the United States Secretary of
3Transportation, by December 1 of each
Section 44241 of the Health and Safety Code is
6amended to read:
(a) Fee revenues generated under this chapter in the
8bay district shall be subvened to the bay district by the Department
9of Motor Vehicles after deducting its administrative costs pursuant
10to Section 44229.
11(b) Fee revenues generated under this chapter shall be allocated
12by the bay district to implement the following mobile source and
13transportation control projects and programs that are included in
14the plan adopted pursuant to Sections 40233, 40717, and 40919:
15(1) The implementation of ridesharing programs.
16(2) The purchase or
lease of clean fuel buses for school districts
17and transit operators.
18(3) The provision of local feeder bus or shuttle service to rail
19and ferry stations and to airports.
20(4) Implementation and maintenance of local arterial traffic
21management, including, but not limited to, signal timing, transit
22signal preemption, bus stop relocation and “smart streets.”
23(5) Implementation of rail-bus integration and regional transit
25(6) Implementation of demonstration projects in telecommuting
26and in congestion pricing of highways, bridges, and public transit.
27No funds expended pursuant to this paragraph for telecommuting
28projects shall be used for the purchase of personal computing
29equipment for an individual’s home use.
30(7) Implementation of vehicle-based projects to reduce mobile
31source emissions, including, but not limited to, engine repowers,
32engine retrofits, fleet modernization, alternative fuels, and advanced
34(8) Implementation of a smoking vehicles program.
35(9) Implementation of an automobile buy-back scrappage
36program operated by a governmental agency.
37(10) Implementation of bicycle facility improvement projects
38that are included in an adopted countywide bicycle plan or
39congestion management program.
P9 1(11) The design and construction by local public agencies of
2physical improvements that support development projects that
3achieve motor vehicle emission reductions. The projects and the
4physical improvements shall be identified in an approved
5area-specific plan, redevelopment plan, general plan, or other
7(c) (1) Fee revenue generated under this chapter shall be
8allocated by the bay district for projects and programs specified
9in subdivision (b) to cities, counties, the Metropolitan
10Transportation Commission, transit districts, or any other public
11agency responsible for implementing one or more of the specified
12projects or programs. Fee revenue generated under this chapter
13may also be allocated by the bay district for projects and programs
14specified in paragraph (7) of subdivision (b) to entities that include,
15but are not limited to, public agencies, consistent with applicable
16policies adopted by the governing board of the bay district. Those
17policies shall include, but are not limited to, requirements for
18cost-sharing for projects subject to the policies. Fee revenues shall
19not be used for any planning activities that are not directly related
20to the implementation of a specific project or program.
21(2) The bay district shall adopt cost-effectiveness criteria for
22fee revenue generated under this chapter that projects and programs
23are required to meet. The cost-effectiveness criteria shall maximize
24emissions reductions and public health benefits.
25(d) Not less than 40 percent of fee revenues shall be allocated
26to the entity or entities designated pursuant to subdivision (e) for
27projects and programs in each county within the bay district based
28upon the county’s proportionate share of fee-paid vehicle
30(e) In each county, one or more entities may be designated as
31the overall program manager for the county by resolutions adopted
32by the county board of supervisors and the city councils of a
33majority of the cities representing a majority of the population in
34the incorporated area of the county. The resolution shall specify
35the terms and conditions for the expenditure of funds. The entities
36so designated shall be allocated the funds pursuant to subdivision
37(d) in accordance with the terms and conditions of the resolution.
38(f) Any county, or entity designated pursuant to subdivision (e),
39that receives funds pursuant to this section, at least once a year,
40shall hold one or more public meetings for the purpose of adopting
P10 1criteria for expenditure of the funds, if
begin delete theend delete criteria have been
2modified in any way from the previous
begin delete year, andend delete to review the expenditure of revenues
6received pursuant to this section by any designated entity. If any
7county or entity designated pursuant to subdivision (e) that receives
8funds pursuant to this section has not allocated all of those funds
9within six months of the date of the formal approval of its
10expenditure plan by the bay district, the bay district shall allocate
11the unallocated funds in accordance with subdivision (c).
(a) (1) “Best value” means a value determined by
15objective criteria, including, but not limited to, price, features,
16functions, life-cycle costs, and other criteria deemed appropriate
17by the department or the regional transportation agency.
18(2) “Contracting entity or lessee” means a public or private
19entity, or consortia thereof, that has entered into a comprehensive
20development lease agreement with the department or a regional
21transportation agency for a transportation project pursuant to this
23(3) “Design-build” means a procurement process in which both
24the design and construction of a project are procured from a single
26(4) “Regional transportation agency” means any of the
28(A) A transportation planning agency as defined in Section
2929532 or 29532.1 of the Government Code.
30(B) A county transportation commission as defined in Section
31130050, 130050.1, or 130050.2 of the Public Utilities Code.
32(C) Any other local or regional transportation entity that is
33designated by statute as a regional transportation agency.
34(D) A joint exercise of powers authority as defined in Chapter
355 (commencing with Section 6500) of Division 7 of Title 1 of the
36Government Code, with the consent of a transportation planning
37agency or a county transportation commission for the jurisdiction
38in which the transportation project will be developed.
39(5) “Public Infrastructure Advisory Commission” means a unit
40or auxiliary organization established by the
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P11 1 Transportation
begin delete and Housingend delete Agency that advises the department
2and regional transportation agencies in developing transportation
3projects through performance-based infrastructure partnerships.
4(6) “Transportation project” means one or more of the following:
5planning, design, development, finance, construction,
6reconstruction, rehabilitation, improvement, acquisition, lease,
7operation, or maintenance of highway, public street, rail, or related
8facilities supplemental to existing facilities currently owned and
9operated by the department or regional transportation agencies
10that is consistent with the requirements of subdivision (c).
11(b) (1) The Public Infrastructure Advisory Commission shall
12do all of the following:
13(A) Identify transportation project opportunities throughout the
15(B) Research and document similar transportation projects
16throughout the state, nationally, and internationally, and further
17identify and evaluate lessons learned from these projects.
18(C) Assemble and make available to the department or regional
19transportation agencies a library of information, precedent,
20research, and analysis concerning infrastructure partnerships and
21related types of public-private transactions for public infrastructure.
22(D) Advise the
department and regional transportation agencies,
23upon request, regarding infrastructure partnership suitability and
25(E) Provide, upon request, procurement-related services to the
26department and regional transportation agencies for infrastructure
28(2) The Public Infrastructure Advisory Commission may charge
29a fee to the department and regional transportation agencies for
30the services described in subparagraphs (D) and (E) of paragraph
31(1), the details of which shall be articulated in an agreement entered
32into between the Public Infrastructure Advisory Commission and
33the department or the regional transportation agency.
34(c) (1) Notwithstanding any other provision of law, only the
35department, in cooperation with regional transportation agencies,
36and regional transportation agencies, may solicit proposals, accept
37unsolicited proposals, negotiate, and enter into comprehensive
38development lease agreements with public or private entities, or
39consortia thereof, for transportation projects.
P12 1(2) Projects proposed pursuant to this section and associated
2lease agreements shall be submitted to the California Transportation
3Commission. The commission, at a regularly scheduled public
4hearing, shall select the candidate projects from projects nominated
5by the department or a regional transportation agency after
6reviewing the nominations for consistency with paragraphs (3)
7and (4). Approved projects may proceed with the process described
8in paragraph (5).
9(3) The projects authorized pursuant to this section shall be
10primarily designed to achieve the following performance
12(A) Improve mobility by improving travel times or reducing
13the number of vehicle hours of delay in the affected corridor.
14(B) Improve the operation or safety of the affected corridor.
15(C) Provide quantifiable air quality benefits for the region in
16which the project is located.
17(4) In addition to meeting the requirements of paragraph (3),
18the projects authorized pursuant to this section shall address a
19known forecast demand, as determined by the department or
20regional transportation agency.
21(5) At least 60 days prior to executing a final lease agreement
22authorized pursuant to this section, the department or regional
23transportation agency shall submit the agreement to the Legislature
24and the Public Infrastructure Advisory Commission for review.
25Prior to submitting a lease agreement to the Legislature and the
26Public Infrastructure Advisory Commission, the department or
27regional transportation agency shall conduct at least one public
28hearing at a location at or near the proposed facility for purposes
29of receiving public comment on the lease agreement. Public
30comments made during this hearing shall be submitted to the
31Legislature and the Public Infrastructure Advisory Commission
32with the lease agreement. The Secretary of
begin delete Business,end delete Transportation
begin delete and Housingend delete or the chairperson of the Senate or Assembly fiscal
34committees or policy committees with jurisdiction over
35transportation matters may, by written notification to the
36department or regional transportation agency, provide any
37comments about the proposed agreement within the 60-day period
38prior to the execution of the final agreement. The department or
39regional transportation agency shall consider those comments prior
P13 1to executing a final agreement and shall retain the discretion for
2executing the final lease agreement.
3(d) For the purpose of facilitating those projects, the agreements
4between the parties may include provisions for the lease of
5rights-of-way in, and airspace over or under, highways, public
6streets, rail, or related facilities for the granting of necessary
7easements, and for the issuance of permits or other authorizations
8to enable the construction of transportation projects. Facilities
9subject to an agreement under this section shall, at all times, be
10owned by the department or the regional transportation agency,
11as appropriate. For department projects, the commission shall
12certify the department’s determination of the useful life of the
13project in establishing the lease agreement terms. In consideration
14therefor, the agreement shall provide for complete reversion of the
15leased facility, together with the right to collect tolls and user fees,
16to the department or regional transportation agency, at the
17expiration of the lease at no charge to the department or regional
18transportation agency. At the time of the reversion, the facility
19shall be delivered to the department or regional transportation
20agency, as applicable, in a condition that meets the performance
21and maintenance standards established by the department or
22regional transportation agency and that is free of any encumbrance,
23lien, or other claims.
24(e) Agreements between the department or regional
25transportation agency and the contracting entity or lessee shall
26authorize the contracting entity or lessee to use a design-build
27method of procurement for transportation projects, subject to the
28requirements for utilizing such a method contained in Chapter 6.5
29(commencing with Section 6800) of Part 1 of Division 2 of the
30Public Contract Code, other than Sections 6802, 6803, and 6813
31of that code, if those provisions are enacted by the Legislature
32during the 2009-10 Regular Session, or a 2009-10 extraordinary
34(f) (1) (A) Notwithstanding any other provision of this chapter,
35for projects on the state highway system, the department is the
36responsible agency for the performance of project development
37services, including performance specifications, preliminary
38engineering, prebid services, the preparation of project reports and
39environmental documents, and construction inspection services.
40The department is also the responsible agency for the preparation
P14 1of documents that may include, but need not be limited to, the size,
2type, and desired design character of the project, performance
3specifications covering the quality of materials, equipment, and
4workmanship, preliminary plans, and any other information deemed
5necessary to describe adequately the needs of the department or
6regional transportation agency.
7(B) The department may use department employees or
8consultants to perform the services described in subparagraph (A),
9consistent with Article XXII of the California Constitution.
10Department resources, including personnel requirements, necessary
11for the performance of those services shall be included in the
12department’s capital outlay support program for workload purposes
13in the annual Budget Act.
14(2) The department or a regional transportation agency may
15exercise any power possessed by it with respect to transportation
16projects to facilitate the transportation projects pursuant to this
17section. The department, regional transportation agency, and other
18state or local agencies may provide services to the contracting
19entity or lessee for which the public entity is reimbursed, including,
20but not limited to, planning, environmental planning, environmental
21certification, environmental review, preliminary design, design,
22right-of-way acquisition, construction, maintenance, and policing
23of these transportation projects. The department or regional
24transportation agency, as applicable, shall regularly inspect the
25facility and require the contracting entity or lessee to maintain and
26operate the facility according to adopted standards. Except as may
27otherwise be set forth in the lease agreement, the contracting entity
28or lessee shall be responsible for all costs due to development,
29maintenance, repair, rehabilitation, and reconstruction, and
31(g) (1) In selecting private entities with which to enter into
32these agreements, notwithstanding any other provision of law, the
33department and regional transportation agencies may utilize, but
34are not limited to utilizing, one or more of the following
36(A) Solicitations of proposals for defined projects and calls for
37project proposals within defined parameters.
38(B) Prequalification and short-listing of proposers prior to final
39evaluation of proposals.
P15 1(C) Final evaluation of proposals based on qualifications and
2best value. The California Transportation Commission shall
3develop and adopt criteria for making that evaluation prior to
4evaluation of a proposal.
5(D) Negotiations with proposers prior to award.
6(E) Acceptance of unsolicited proposals, with issuance of
7requests for competing proposals. Neither the department nor a
8regional transportation agency may award a contract to an
9unsolicited bidder without receiving at least one other responsible
11(2) When evaluating a proposal submitted by the contracting
12entity or lessee, the department or the regional transportation
13agency may award a contract on the basis of the lowest bid or best
15(h) The contracting entity or lessee shall have the following
17(1) Evidence that the members of the contracting entity or lessee
18have completed, or have demonstrated the experience, competency,
19capability, and capacity to complete, a project of similar size,
20scope, or complexity, and that proposed key personnel have
21sufficient experience and training to competently manage and
22complete the design and construction of the project, and a financial
23statement that ensures that the contracting entity or lessee has the
24capacity to complete the project.
25(2) The licenses, registration, and credentials required to design
26and construct the project, including, but not limited to, information
27on the revocation or suspension of any license, credential, or
29(3) Evidence that establishes that members of the contracting
30entity or lessee have the capacity to obtain all required payment
31and performance bonding, liability insurance, and errors and
33(4) Evidence that the contracting entity or lessee has workers’
34compensation experience, history, and a worker safety program
35of members of the contracting entity or lessee that is acceptable
36to the department or regional transportation agency.
37(5) A full disclosure regarding all of the following with respect
38to each member of the contracting entity or lessee during the past
P16 1(A) Any serious or willful violation of Part 1 (commencing with
2Section 6300) of Division 5 of the Labor Code or the federal
3Occupational Safety and Health Act of 1970 (P.L. 91-596).
4(B) Any instance where members of the contracting entity or
5lessee were debarred, disqualified, or removed from a federal,
6state, or local government public works project.
7(C) Any instance where members of the contracting entity or
8lessee, or its owners, officers, or managing employees submitted
9a bid on a public works project and were found to be nonresponsive
10or were found by an awarding body not to be a responsible bidder.
11(D) Any instance where members of the contracting entity or
12lessee, or its owners, officers, or managing employees defaulted
13on a construction contract.
14(E) Any violations of the Contractors’ State License Law
15(Chapter 9 (commencing with Section 7000) of Division 3 of the
16Business and Professions Code), including, but not limited to,
17alleged violations of federal or state law regarding the payment of
18wages, benefits, apprenticeship requirements, or personal income
19tax withholding, or Federal Insurance Contributions Act (FICA)
21(F) Any bankruptcy or receivership of any member of the
22contracting entity or lessee, including, but not limited to,
23information concerning any work completed by a surety.
24(G) Any settled adverse claims, disputes, or lawsuits between
25the owner of a public works project and any member of the
26contracting entity or lessee during the five years preceding
27submission of a bid under this article, in which the claim,
28settlement, or judgment exceeds fifty thousand dollars ($50,000).
29Information shall also be provided concerning any work completed
30by a surety during this five-year period.
31(H) If the contracting entity or lessee is a partnership, joint
32venture, or an association that is not a legal entity, a copy of the
33agreement creating the partnership or association that specifies
34that all general partners, joint venturers, or association members
35agree to be fully liable for the performance under the agreement.
36(i) No agreement entered into pursuant to this section shall
37infringe on the authority of the department or a regional
38transportation agency to develop, maintain, repair, rehabilitate,
39operate, or lease any transportation project. Lease agreements may
40provide for reasonable compensation to the contracting entity or
P17 1lessee for the adverse effects on toll revenue or user fee revenue
2due to the development, operation, or lease of supplemental
3transportation projects with the exception of any of the following:
4(1) Projects identified in regional transportation plans prepared
5pursuant to Section 65080 of the Government Code.
6(2) Safety projects.
7(3) Improvement projects that will result in incidental capacity
9(4) Additional high-occupancy vehicle lanes or the conversion
10of existing lanes to high-occupancy vehicle lanes.
11(5) Projects located outside the boundaries of a public-private
12partnership project, to be defined by the lease agreement.
13However, compensation to a
contracting entity or lessee shall
14only be made after a demonstrable reduction in use of the facility
15resulting in reduced toll or user fee revenues, and may not exceed
16the difference between the reduction in those revenues and the
17amount necessary to cover the costs of debt service, including
18principal and interest on any debt incurred for the development,
19operation, maintenance, or rehabilitation of the facility.
20(j) (1) Agreements entered into pursuant to this section shall
21authorize the contracting entity or lessee to impose tolls and user
22fees for use of a facility constructed by it, and shall require that
23over the term of the lease the toll revenues and user fees be applied
24to payment of the capital outlay costs for the project, the costs
25associated with operations, toll and user fee collection,
26administration of the facility, reimbursement to the department or
27other governmental entity for the costs of services to develop and
28maintain the project, police services, and a reasonable return on
29investment. The agreement shall require that, notwithstanding
30Sections 164, 188, and 188.1, any excess toll or user fee revenue
31either be applied to any indebtedness incurred by the contracting
32entity or lessee with respect to the project, improvements to the
33project, or be paid into the State Highway Account, or for all three
34purposes, except that any excess toll revenue under a lease
35agreement with a regional transportation agency may be paid to
36the regional transportation agency for use in improving public
37transportation in and near the project boundaries.
38(2) Lease agreements shall establish specific toll or user fee
39rates. Any proposed increase in those rates not otherwise
40established or identified in the lease agreement during the term of
P18 1the agreement shall first be approved by the department or regional
2transportation agency, as appropriate, after at least one public
3hearing conducted at a location near the proposed or existing
5(3) The collection of tolls and user fees for the use of these
6facilities may be extended by the commission or regional
7transportation agency at the expiration of the lease agreement.
8However, those tolls or user fees shall not be used for any purpose
9other than for the improvement, continued operation, or
10maintenance of the facility.
11(k) Agreements entered into pursuant to this section shall include
12indemnity, defense, and hold harmless provisions agreed to by the
13department or regional transportation agency and the contracting
14entity or lessee, including provisions for indemnifying the State
15of California or the regional transportation agency against any
16claims or losses resulting or accruing from the performance of the
17contracting entity or lessee.
18(l) The plans and specifications for each transportation project
19on the state highway system developed, maintained, repaired,
20rehabilitated, reconstructed, or operated pursuant to this section
21shall comply with the department’s standards for state
22transportation projects. The lease agreement shall include
23performance standards, including, but not limited to, levels of
24service. The agreement shall require facilities on the state highway
25system to meet all requirements for noise mitigation, landscaping,
26pollution control, and safety that otherwise would apply if the
27department were designing, building, and operating the facility.
28If a facility is on the state highway system, the facility leased
29pursuant to this section shall, during the term of the lease, be
30deemed to be a part of the state highway system for purposes of
31identification, maintenance, enforcement of traffic laws, and for
32the purposes of Division 3.6 (commencing with Section 810) of
33Title 1 of the Government Code.
34(m) Failure to comply with the lease agreement in any significant
35manner shall constitute a default under the agreement and the
36department or the regional transportation agency, as appropriate,
37shall have the option to initiate processes to revert the facility to
38the public agency.
39(n) The assignment authorized by subdivision (c) of Section
40130240 of the Public Utilities Code is consistent with this section.
P19 1(o) A lease to a private entity pursuant to this section is deemed
2to be public property for a public purpose and exempt from
3leasehold, real property, and ad valorem taxation, except for the
4use, if any, of that property for ancillary commercial purposes.
5(p) Nothing in this section is intended to infringe on the authority
6to develop high-occupancy toll lanes pursuant to Section 149.4,
7149.5, or 149.6.
8(q) Nothing in this section shall be construed to allow the
9conversion of any existing nontoll or nonuser-fee lanes into tolled
10or user fee lanes with the exception of a high-occupancy vehicle
11lane that may be operated as a high-occupancy toll lane for vehicles
12not otherwise meeting the requirements for use of that lane.
13(r) The lease agreement shall require the contracting entity or
14lessee to provide any information or data requested by the
15California Transportation Commission or the Legislative Analyst.
16The commission, in cooperation with the Legislative Analyst, shall
17annually prepare a report on the progress of each project and
18ultimately on the operation of the resulting facility. The report
19shall include, but not be limited to, a review of the performance
20standards, a financial analysis, and any concerns or
21 recommendations for changes in the program authorized by this
23(s) Notwithstanding any other provision of this section, no lease
24agreement may be entered into pursuant to the section that affects,
25alters, or supersedes the Memorandum of Understanding (MOU),
26dated November 26, 2008, entered into by the Golden Gate Bridge
27Highway and Transportation District, the Metropolitan
28Transportation Commission, and the San Francisco County
29Transportation Authority, relating to the financing of the U.S.
30Highway 101/Doyle Drive reconstruction project located in the
31City and County of San Francisco.
32(t) No lease agreements may be entered into under this section
33on or after January 1, 2017.
Section 182.6 of the Streets and Highways Code is
36amended to read:
(a) Notwithstanding Sections 182 and 182.5, Sections
38188, 188.8, and 825 do not apply to the expenditure of an amount
39of federal funds equal to the amount of federal funds apportioned
40to the state pursuant to that portion of subsection (b)(3) of Section
P20 1104, subsections (a) and (c) of Section 157, and subsection (d) of
2Section 160 of Title 23 of the United States Code that is allocated
3within the state subject to subsection (d)(3) of Section 133 of that
4code. These funds shall be known as the regional surface
5transportation program funds. The department, the transportation
6planning agencies, the county transportation commissions, and the
7metropolitan planning organizations may do all things necessary
8in their jurisdictions to secure and expend those federal funds in
9accordance with the intent of federal law and this chapter.
10(b) The regional surface transportation program funds shall be
11apportioned by the department to the metropolitan planning
12organizations designated pursuant to Section 134 of Title 23 of
13the United States Code and, in areas where none has been
14designated, to the transportation planning agency designated
15pursuant to Section 29532
begin delete or 29532.1end delete of the Government Code.
16The funds shall be apportioned in the manner and in accordance
17with the formula set forth in subsection (d)(3) of Section 133 of
18Title 23 of the United States Code, except that the apportionment
19shall be among all areas of the state. Funds apportioned under this
20subdivision shall remain available for three federal fiscal years,
21including the federal fiscal year apportioned.
22(c) Where county transportation commissions have been created
23by Division 12 (commencing with Section 130000) of the Public
24Utilities Code, all regional surface transportation program funds
25shall be further apportioned by the metropolitan planning
26organization to the county transportation commission on the basis
27of relative population.
28In the Monterey Bay region, all regional surface transportation
29program funds shall be further apportioned, on the basis of relative
30population, by the metropolitan planning organization to the
31regional transportation planning agencies designated under
32subdivision (b) of Section 29532 of the Government Code.
applicable metropolitan planning organization, county
34transportation commission, or transportation planning agency shall
35annually apportion the regional surface transportation program
36funds for projects in each county, as follows:
37(1) An amount equal to the amount apportioned under the
38federal-aid urban program in federal fiscal year 1990-91 adjusted
39for population. The adjustment for population shall be based on
40the population determined in the 1990 federal census except that
P21 1no county shall be apportioned less than 110 percent of the
2apportionment received in the 1990-91 fiscal year. These funds
3shall be apportioned for projects implemented by cities, counties,
4and other transportation agencies on a fair and equitable basis
5based upon an annually updated five-year average of allocations.
6Projects shall be nominated by cities, counties, transit operators,
7and other public transportation agencies through a process that
8directly involves local government representatives.
9(2) An amount not less than 110 percent of the amount that the
10county was apportioned under the federal-aid secondary program
11in federal fiscal year 1990-91, for use by that county.
12(e) The department shall notify each metropolitan planning
13organization, county transportation commission, and transportation
14planning agency receiving an apportionment under this section,
15as soon as possible each year, of the amount of
begin delete obligationalend delete
16 authority estimated to be available for program purposes.
17The metropolitan planning organization and transportation
18planning agency, in cooperation with the department, congestion
19management agencies, cities, counties, and affected transit
20operators, shall select and program projects in conformance with
21federal law. The metropolitan planning organization and
22transportation planning agency shall submit its
begin delete federal prepared pursuant to Section 134 of Title
23transportation improvement programend delete
2523 of the United States Code to the department for incorporation
begin delete federal statewide transportation improvement programend delete
27 not later
28than October 1 of each even-numbered year. The
begin delete federal
shall, at a minimum, include the years
29transportation improvement programend delete
31covered by the
begin delete federal statewide transportation
33(f) Not later than July 1 of each year, the metropolitan planning
34organizations, and the regional transportation planning agencies,
35receiving obligational authority under this article shall notify the
36department of the projected amount of obligational authority that
37each entity intends to use during the remainder of the current
38federal fiscal year, including, but not limited to, a list of projects
39that will be obligated by the end of the current federal fiscal year.
40Any federal obligational authority that will not be used shall be
P22 1redistributed by the department to other projects in a manner that
2ensures that the state will continue to compete for and receive
3increased obligational authority during the federal redistribution
4of obligational authority. If the department does not have sufficient
5federal apportionments to fully use excess obligational authority,
6the metropolitan planning organizations or regional transportation
7planning agencies relinquishing obligational authority shall make
8sufficient apportionments available to the department to fund
9alternate projects, when practical, within the geographical areas
10relinquishing the obligational authority. Notwithstanding this
11subdivision, the department shall comply with subsections (d)(3)
12and (f) of Section 133 of Title 23 of the United States Code.
13(g) A regional transportation planning agency that is not
14designated as, nor represented by, a metropolitan planning
15organization with an urbanized area population greater than
16200,000 pursuant to the 1990 federal census may exchange its
17annual apportionment received pursuant to this section on a
18dollar-for-dollar basis for nonfederal State Highway Account funds,
19which shall be apportioned in accordance with subdivision (d).
20(h) (1) If a regional transportation planning agency described
21in subdivision (g) does not elect to exchange its annual
22apportionment, a county located within the boundaries of that
23regional transportation planning agency may elect to exchange its
24annual apportionment received pursuant to paragraph (2) of
25subdivision (d) for nonfederal State Highway Account funds.
26(2) A county not included in a regional transportation planning
27agency described in subdivision (g), whose apportionment pursuant
28to paragraph (2) of subdivision (d) was less than 1 percent of the
29total amount apportioned to all counties in the state, may exchange
30its apportionment for nonfederal State Highway Account funds.
31If the apportionment to the county was more than 31⁄2 percent of
32the total apportioned to all counties in the state, it may exchange
33that portion of its apportionment in excess of 31⁄2 percent for
34nonfederal State Highway Account funds. Exchange funds received
35by a county pursuant to this section may be used for any
37(i) The department shall be responsible for closely monitoring
38the use of federal transportation funds, including regional surface
39transportation program funds to
begin delete assureend delete full and timely use.
40The department shall prepare a quarterly report for submission to
P23 1the commission regarding the progress in use of all federal
2transportation funds. The department shall notify the commission
3and the appropriate implementation agency whenever there is a
4failure to use federal funds within the three-year apportionment
5period established under subdivision (b).
6(j) The department shall provide written notice to implementing
7agencies when there is one year remaining within the three-year
8apportionment period established under subdivision (b) of this
10(k) Within six months of the date of notification required under
11subdivision (j), the implementing agency shall provide to the
12department a plan to obligate funds that includes, but need not be
13limited to, a list of projects and milestones.
14(l) If the implementing agency has not met the milestones
15established in the implementation plan required under subdivision
16(k), prior to the end of the three-year apportionment period
17established under subdivision (b), the commission shall redirect
18those funds for use on other transportation projects in the state.
19(m) Notwithstanding subdivisions (g) and (h), regional surface
20transportation program funds available under this section
21exchanged pursuant to Section 182.8 may be loaned to and
22expended by the department. The department shall repay from the
23State Highway Account to the Traffic Congestion Relief Fund all
24funds received as federal reimbursements for funds exchanged
25under Section 182.8 as they are received from the Federal Highway
26Administration, except that those repayments are not required to
27be made more frequently than on a quarterly basis.
28(n) Prior to determining the amount for local subvention required
29by this section, the department shall first deduct the amount
30authorized by the Legislature for increased department oversight
31of the federal subvented program.
Section 182.7 of the Streets and Highways Code is
34amended to read:
(a) Notwithstanding Sections 182 and 182.5, Sections
36188, 188.8, and 825 do not apply to the expenditure of an amount
37of federal funds equal to the amount of federal funds apportioned
38to the state pursuant to Section 104(b)(4) of Title 23 of the United
39States Code. These funds shall be known as the congestion
40mitigation and air quality improvement program funds and shall
P24 1be expended in accordance with Section 149 of Title 23 of the
2United States Code, including the requirements relating to
3particulate matter less than 2.5 micrometers in diameter in
4subsections (g) and (k) of the section. The department, the
5transportation planning agencies, and the metropolitan planning
6organizations may do all things necessary in their jurisdictions to
7secure and expend those federal funds in accordance with the intent
8of federal law and this chapter.
9(b) The congestion mitigation and air quality improvement
10program funds shall be apportioned by the department to the
11metropolitan planning organizations designated pursuant to Section
12134 of Title 23 of the United States Code and, in areas where none
13has been designated, to the transportation planning agency
begin delete designatedend delete by Section 29532 or 29532.1 of the
15Government Code. All funds apportioned to the state pursuant to
16Section 104(b)(4) of Title 23 of the United States Code shall be
17apportioned to metropolitan planning organizations and
18transportation planning agencies responsible for air quality
19conformity determinations in federally designated air quality
20nonattainment and maintenance areas within the state as follows:
21(1) The department shall apportion these funds in the ratio that
22the weighted nonattainment and maintenance population in each
23federally designated area within the state bears to the total of all
24weighted nonattainment and maintenance area populations in the
26(2) Subject to paragraph (3), the weighted nonattainment and
27maintenance area population shall be calculated by multiplying
28the population of each area in the state that is a nonattainment area
29or maintenance area as described in Section 149(b) of Title 23 of
30the United States Code for ozone or carbon monoxide by the
32(A) A factor of 1.0, if, at the time of apportionment, the area is
33a maintenance area.
34(B) A factor of 1.0, if, at the time of the apportionment, the area
35is classified as a marginal ozone nonattainment area under Subpart
362 of Part D of Title I of the Clean Air Act (42 U.S.C. Sec. 7511 et
38(C) A factor of 1.1, if, at the time of the apportionment, the area
39is classified as a moderate ozone nonattainment area under Subpart
P25 12 of Part D of Title I of the Clean Air Act (42 U.S.C. Sec. 7511 et
3(D) A factor of 1.2, if, at the time of the apportionment, the area
4is classified as a serious ozone nonattainment area under Subpart
52 of Part D of Title I of the Clean Air Act (42 U.S.C. Sec. 7511 et
7(E) A factor of 1.3, if, at the time of the apportionment, the area
8is classified as a severe ozone nonattainment area under Subpart
92 of Part D of Title I of the Clean Air Act (42 U.S.C. Sec. 7511 et
11(F) A factor of 1.4, if, at the time of the apportionment, the area
12is classified as an extreme ozone nonattainment area under Subpart
132 of Part D of Title I of the Clean Air Act (42 U.S.C. Sec. 7511 et
15(G) A factor of 1.0, if, at the time of the apportionment, the area
16is not a nonattainment or maintenance area for ozone, but is
17classified under Subpart 3 of Part D of Title I of the Clean Air Act
18(42 U.S.C. Sec. 7512 et seq.) as a nonattainment area for carbon
20(H) A factor of 1.0, if, at the time of the apportionment, an area
21is designated as a nonattainment area for ozone under Subpart 1
22of Part D of Title I of the Clean Air Act (42 U.S.C. Sec. 7512 et
24(3) If, in addition to being designated as a nonattainment or
25maintenance area for ozone as described in paragraph (2), any
26 county within the area is also classified under Subpart 3 of Part D
27of Title I of the Clean Air Act (42 U.S.C. Sec. 7512 et seq.) as a
28nonattainment or maintenance area described in paragraph (2) for
29carbon monoxide, the weighted nonattainment or maintenance
30area population of the county, as determined under subparagraphs
31(A) to (F), inclusive, or subparagraph (H) of paragraph (2), shall
32be further multiplied by a factor of 1.2.
33(4) Funds allocated under this subdivision shall remain available
34for three federal fiscal years, including the federal fiscal year
36(c) Notwithstanding subdivision (b), where county transportation
37commissions have been created by Division 12 (commencing with
38Section 130000) of the Public Utilities Code, all congestion
39mitigation and air quality improvement program funds shall be
40further apportioned by the metropolitan planning organization to
P26 1 the county transportation commission on the basis of relative
2population within the federally designated air quality nonattainment
3and maintenance areas after first apportioning to the nonattainment
4and maintenance areas in the manner and in accordance with the
5formula set forth in subdivision (b).
6In the Monterey Bay region, all congestion mitigation and air
7quality improvement program funds shall be further apportioned,
8on the basis of relative population, by the metropolitan planning
9organization to the regional transportation planning agencies
10designated under subdivision (b) of Section 29532 of the
12(d) The department shall notify each metropolitan planning
13organization, transportation planning agency, and county
14transportation commission receiving an apportionment under this
15section, as soon as possible each year, of the amount of obligational
16authority estimated to be available for expenditure from the federal
17apportionment. The metropolitan planning organizations,
18transportation planning agencies, and county transportation
19commissions, in cooperation with the department, congestion
20management agencies, cities and counties, and affected transit
21operators, shall select and program projects in conformance with
22federal law. Each metropolitan planning organization and
23transportation planning agency shall, not later than October 1 of
24each even-numbered year, submit its
begin delete federal transportation prepared pursuant to
Section 134 of Title 23 of the United
25improvement programend delete
27States Code to the department for incorporation into the
begin delete federal Federal
28statewide transportation improvement program.end delete
begin delete transportation
30improvement programsend delete
31 shall, at a minimum, include the years covered by the
begin delete federal
32statewide transportation improvement program.end delete
34(e) Not later than July 1 of each year, the metropolitan planning
35organizations and the regional transportation planning agencies
36receiving obligational authority under this section, shall notify the
37department of the projected amount of obligational authority that
38each entity intends to use during the remainder of the current
39federal fiscal year, including, but not limited to, a list of projects
40that will use the obligational authority. Any federal obligational
P27 1authority that will not be used shall be redistributed by the
2department to other projects in a manner that ensures that the state
3will continue to compete for and receive increased obligational
4authority during the federal redistribution of obligational authority.
5If the department does not have sufficient federal apportionments
6to fully use excess obligational authority, the metropolitan planning
7organization or transportation planning agency relinquishing
8obligational authority shall make sufficient funding available to
9the department to fund alternate projects, when practical, within
10the geographical areas relinquishing the obligational authority.
11Notwithstanding this subdivision, the department shall comply
12with subsection (f) of Section 133 of Title 23 of the United States
14(f) The department shall be responsible for closely monitoring
15the use of federal transportation funds, including congestion
16management and air quality improvement program funds to
begin delete assureend delete
17 full and timely use. The department shall prepare a quarterly
18report for submission to the commission regarding the progress in
19use of all federal transportation funds. The department shall notify
20the commission and the appropriate implementation agency
21whenever there is a failure to use federal funds within the three-year
22apportionment period established under paragraph (4) of
24(g) The department shall provide written notice to implementing
25agencies when there is one year remaining within the three-year
26apportionment period established under paragraph (4) of
28(h) Within six months of the date of notification required under
29subdivision (g), the implementing agency shall provide to the
30department a plan to obligate funds that includes, but need not be
31limited to, a list of projects and milestones.
32(i) If the implementing agency has not met the milestones
33established in the implementation plan required under subdivision
34(h), prior to the end of the three-year apportionment period
35established under paragraph (4) of subdivision (b), the commission
36shall redirect those funds for use on other transportation projects
37in the state.
38(j) Congestion mitigation and air quality improvement program
39funds available under this section exchanged pursuant to Section
40182.8 may be loaned to and expended by the department. The
P28 1department shall repay from the State Highway Account to the
2Traffic Congestion Relief Fund all funds received as federal
3reimbursements for funds exchanged under Section 182.8 as they
4are received from the Federal Highway Administration, except
5that those repayments are not required to be made more frequently
6than on a quarterly basis.
7(k) Prior to determining the amount for local subvention required
8by this section, the department shall first deduct the amount
9authorized by the Legislature for increased department oversight
10of the federal subvented program.
The California freeway and expressway system shall
15Route 133 from Route 73 to Route 241.
16Route 137 from Route 99 near Tulare to Route 65 near Lindsay.
17Route 138 from Route 5 near Gorman to Route 15 near Cajon
19Route 142 from Route 71 near Chino to Route 210 near Upland.
20Route 152 from Route 101 to Route 65 near Sharon via Pacheco
22Route 160 from:
23(a) Route 4 near Antioch to Route 12 near Rio Vista.
24(b) Sacramento to Route 51.
25Route 166 from:
26(a) Route 101 near Santa Maria to Route 33 in Cuyama Valley.
27(b) Route 33 near Maricopa to Route 5.
28Route 168 from Fresno to Huntington Lake.
begin deletefrom:end delete
30(a) Los Angeles International Airport to Route 90.end delete
begin delete(b)end delete begin delete end deleteRoute 101 near Riverside Drive to Route 5 near
33Route 178 from:
34(a) Bakersfield to Route 14 near Freeman.
35(b) Route 14 near Freeman to the vicinity of the San Bernardino
37Route 180 from:
38(a) Route 25 near Paicines to Route 5.
39(b) Route 5 to Route 99 passing near Mendota.
P29 1(c) Route 99 near Fresno to General Grant Grove section of
2Kings Canyon National Park.
3Route 190 from Route 136 near Keeler to Route 127 near Death
5Route 193 from Route 65 near Lincoln to
Route 80 near
7Route 198 from Route 5 near Oilfields to the Sequoia National
(a) Route 170 is
begin delete from:end delete
13(1) Los Angeles International Airport to Route 90.end delete
14(2) Route 101 near Riverside Drive to Route 5 near Tujunga
16(b) The relinquished former portion of
Route 170 within the
17City of Los Angeles between Route 2 and Route 101 is not a state
18highway and is not eligible for adoption under Section 81. For that
19relinquished former portion of Route 170, the City of Los Angeles
20shall maintain signs directing motorists to the continuation of
Section 890.4 of the Streets and Highways Code is
24amended to read:
As used in this article, “bikeway” means all facilities
26that provide primarily for, and promote, bicycle travel. For
27purposes of this article, bikeways shall be categorized as follows:
28(a) Bike paths or shared use paths, also referred to as “Class I
29bikeways,” which provide a completely separated right-of-way
30designated for the exclusive use of bicycles and pedestrians with
31crossflows by motorists minimized.
32(b) Bike lanes, also referred to as “Class II bikeways,” which
33provide a restricted right-of-way designated for the exclusive or
34semiexclusive use of bicycles with through travel by motor vehicles
35or pedestrians prohibited, but with vehicle parking and crossflows
36by pedestrians and motorists permitted.
37(c) Bike routes, also referred to as “Class III bikeways,” which
38provide a right-of-way on-street or off-street, designated by signs
39or permanent markings and shared with pedestrians and motorists.
P30 1(d) Cycle tracks or separated bikeways, also referred to as “Class
2IV bikeways,” which promote active transportation and provide a
3right-of-way designated exclusively for bicycle travel adjacent to
4a roadway and which are separated from vehicular traffic. Types
5of separation include, but are not limited to, grade separation,
6flexible posts, inflexible physical barriers, or on-street parking.
Section 1808 of the Vehicle Code is amended to read:
(a) Except where a specific provision of law prohibits
10the disclosure of records or information or provides for
11confidentiality, all records of the department relating to the
12registration of vehicles, other information contained on an
13application for a driver’s license, abstracts of convictions, and
14abstracts of accident reports required to be sent to the department
15in Sacramento, except for abstracts of accidents where, in the
16opinion of a reporting officer, another individual was at fault, shall
17be open to public inspection during office hours. All abstracts of
18accident reports shall be available to law enforcement agencies
19and courts of competent jurisdiction.
20(b) The department shall make available or disclose abstracts
21of convictions and abstracts of accident reports required to be sent
22to the department in Sacramento, as described in subdivision (a),
23if the date of the occurrence is not later than the following:
24(1) Ten years for a violation pursuant to Section 23140, 23152,
26(2) Seven years for a violation designated as two points pursuant
27to Section 12810, except as provided in paragraph (1) of this
29(3) Three years for accidents and all other violations.
30(c) The department shall make available or disclose suspensions
31and revocations of the driving privilege while the suspension or
32revocation is in effect and for three years following termination
33of the action or reinstatement of the privilege, except that driver’s
34license suspension actions taken pursuant to Sections 13202.6 and
3513202.7, Section 17520 of the Family Code, or Section 256 or
36former Section 11350.6 of the Welfare and Institutions Code shall
37be disclosed only during the actual time period in which the
38suspension is in effect.
39(d) The department shall not make available or disclose a
40suspension or revocation that has been judicially set aside or stayed.
P31 1(e) The department shall not make available or disclose personal
2information about a person unless the disclosure is in compliance
3with the Driver’s Privacy Protection Act of 1994 (18 U.S.C. Sec.
42721 et seq.). However, a disclosure is subject to the prohibition
5in paragraph (2) of subdivision (a) of Section 12800.5.
6(f) The department shall make available or disclose to the courts
7and law enforcement agencies a conviction of Section 23103, as
8specified in Section 23103.5, or a conviction of Section 23140,
923152, or 23153, or Section 655 of the Harbors and Navigation
10Code, or paragraph (1) of subdivision (c) of Section 192 of the
11Penal Code for a period of 10 years from the date of the offense
12for the purpose of imposing penalties mandated by this code, or
13by other applicable provisions of California law.
14(g) The department shall make available or disclose to the courts
15and law enforcement agencies a conviction of Section 191.5, or
16subdivision (a) of Section 192.5 of the Penal Code, punished as a
17felony, for the purpose of imposing penalties mandated by Section
1823550.5, or by other applicable provisions of California law.
Section 1808.1 of the Vehicle Code is amended to
(a) The prospective employer of a driver who drives
23a vehicle specified in subdivision (k) shall obtain a report showing
24the driver’s current public record as recorded by the department.
25For purposes of this subdivision, a report is current if it was issued
26less than 30 days prior to the date the employer employs the driver.
27The report shall be reviewed, signed, and dated by the employer
28and maintained at the employer’s place of business until receipt
29of the pull-notice system report pursuant to subdivisions (b) and
30(c). These reports shall be presented upon request to an authorized
31representative of the Department of the California Highway Patrol
32during regular business hours.
33(b) The employer of a driver who drives a vehicle specified in
34subdivision (k) shall participate in a pull-notice system, which is
35a process for the purpose of providing the employer with a report
36showing the driver’s current public record as recorded by the
37department, and any subsequent convictions, failures to appear,
38accidents, driver’s license suspensions, driver’s license revocations,
39or any other actions taken against the driving privilege or
40certificate, added to the driver’s record while the employer’s
P32 1notification request remains valid and uncanceled. As used in this
2section, participation in the pull-notice system means obtaining a
3requester code and enrolling all employed drivers who drive a
4vehicle specified in subdivision (k) under that requester code.
5(c) The employer of a driver of a vehicle specified in subdivision
6(k) shall, additionally, obtain a periodic report from the department
7at least every 12 months. The employer shall verify that each
8employee’s driver’s license has not been suspended or revoked,
9the employee’s traffic violation point count, and whether the
10employee has been convicted of a violation of Section 23152 or
1123153. The report shall be signed and dated by the employer and
12maintained at the employer’s principal place of business. The
13report shall be presented upon demand to an authorized
14representative of the Department of the California Highway Patrol
15during regular business hours.
16(d) Upon the termination of a driver’s employment, the employer
17shall notify the department to discontinue the driver’s enrollment
18in the pull-notice system.
19(e) For the purposes of the pull-notice
system and periodic report
20process required by subdivisions (b) and (c), an owner, other than
21an owner-operator as defined in Section 34624, and an employer
22who drives a vehicle described in subdivision (k) shall be enrolled
23as if he or she were an employee. A family member and a volunteer
24 driver who drives a vehicle described in subdivision (k) shall also
25be enrolled as if he or she were an employee.
26(f) An employer who, after receiving a driving record pursuant
27to this section, employs or continues to employ as a driver a person
28against whom a disqualifying action has been taken regarding his
29or her driving privilege or required driver’s certificate, is guilty of
30a public offense, and upon conviction thereof, shall be punished
31by confinement in a county jail for not more than six months, by
32a fine of not more than one thousand dollars ($1,000), or by both
33that confinement and fine.
34(g) As part of its inspection of bus maintenance facilities and
35terminals required at least once every 13 months pursuant to
36subdivision (c) of Section 34501, the Department of the California
37Highway Patrol shall determine whether each transit operator, as
38defined in Section 99210 of the Public Utilities Code, is then in
39compliance with this section and Section 12804.6, and shall certify
40each operator found to be in compliance. Funds shall not be
P33 1allocated pursuant to Chapter 4 (commencing with Section 99200)
2of Part 11 of Division 10 of the Public Utilities Code to a transit
3operator that the Department of the California Highway Patrol has
4not certified pursuant to this section.
5(h) (1) A request to participate in the pull-notice system
6established by this section shall be accompanied by a fee
7determined by the department to be sufficient to defray the entire
8actual cost to the department for the notification service. For the
9receipt of subsequent reports, the employer shall also be charged
10a fee established by the department pursuant to Section 1811. An
11employer who qualifies pursuant to Section 1812 shall be exempt
12from any fee required pursuant to this section. Failure to pay the
13fee shall result in automatic cancellation of the employer’s
14participation in the notification services.
15(2) A regularly organized fire department, having official
16recognition of the city, county, city and county, or district in which
17the department is located, shall participate in the pull-notice
18program and shall not be subject to the fee established pursuant
19to this subdivision.
20(3) The Board of Pilot Commissioners for Monterey Bay and
21the Bays of San Francisco, San Pablo, and Suisun, and its port
22agent shall participate in the pull-notice system established by this
23section, subject to Section 1178.5 of the Harbors and Navigation
24Code, and shall not be subject to the fees established pursuant to
26(i) The department, as soon as feasible, may establish an
27automatic procedure to provide the periodic reports to an employer
28by mail or via an electronic delivery method, as required by
29subdivision (c), on a regular basis without the need for individual
31(j) (1) The employer of a driver who is employed as a casual
32driver is not required to enter that driver’s name in the pull-notice
33system, as otherwise required by subdivision (a). However, the
34employer of a casual driver shall be in possession of a report of
35the driver’s current public record as recorded by the department,
36prior to allowing a casual driver to drive a vehicle specified in
37subdivision (k). A report is current if it was issued less than six
38months prior to the date the employer employs the driver.
39(2) For the purposes of this subdivision, a driver is employed
40as a casual driver when the employer has employed the driver less
P34 1than 30 days during the preceding six months. “Casual driver”
2does not include a driver who operates a vehicle that requires a
3passenger transportation endorsement.
4(k) This section applies to a vehicle for the operation of which
5the driver is required to have a class A or class B driver’s license,
6a class C license with any endorsement issued pursuant to Section
715278, a class C license issued pursuant to Section 12814.7, or a
8certificate issued pursuant to Section 12517, 12519, 12520, 12523,
9 12523.5, or 12527, or a passenger vehicle having a seating capacity
10of not more than 10 persons, including the driver, operated for
11compensation by a charter-party carrier of passengers or passenger
12stage corporation pursuant to a certificate of public convenience
13and necessity or a permit issued by the Public Utilities
15(l) This section shall not be construed to change the definition
16of “employer,” “employee,” or “independent contractor” for any
18(m) A motor carrier who contracts with a person to drive a
19vehicle described in subdivision (k) that is owned by, or leased to,
20that motor carrier, shall be subject to subdivisions (a), (b), (c), (d),
21(f), (j), (k), and (l) and the employer obligations in those
23(n) Reports issued pursuant to this section, but only those for a
24driver of a taxicab engaged in transportation services as described
25in subdivision (a) of Section 53075.5 of the Government Code,
26shall be presented upon request, during regular business hours, to
27an authorized representative of the administrative agency
28responsible for issuing permits to taxicab transportation services
29pursuant to Section 53075.5 of the Government Code.
Section 13558 of the Vehicle Code is amended to
(a) Any person, who has received a notice of an order
34of suspension or revocation of the person’s privilege to operate a
35motor vehicle pursuant to Section 13353, 13353.1, 13353.2, 13388,
3623612, or 13382 or a notice pursuant to Section 13557, may request
37a hearing on the matter pursuant to Article 3 (commencing with
38Section 14100) of Chapter 3, except as otherwise provided in this
P35 1(b) If the person wishes to have a hearing before the effective
2date of the order of suspension or revocation, the request for a
3hearing shall be made within 10 days of the receipt of the notice
4of the order of suspension or revocation. The hearing shall be held
5at a place designated by the department as close as practicable to
6the place where the arrest occurred, unless the parties agree to a
7different location. Any evidence at the hearing shall not be limited
8to the evidence presented at an administrative review pursuant to
10(c) (1) The only issues at the hearing on an order of suspension
11or revocation pursuant to Section 13353 or 13353.1 shall be those
12facts listed in paragraph (1) of subdivision (b) of Section 13557.
13Notwithstanding Section 14106, the period of suspension or
14revocation specified in Section 13353 or 13353.1 shall not be
15reduced and, notwithstanding Section 14105.5, the effective date
16of the order of suspension or revocation shall not be stayed pending
17review at a hearing pursuant to this section.
18(2) The only issues at the hearing on an order of suspension
19pursuant to Section 13353.2 shall be those facts listed in paragraph
20 (3) of subdivision (b) of Section 13557. Notwithstanding Section
2114106, the period of suspension specified in Section 13353.3 shall
22not be reduced.
23(d) The department shall hold the administrative hearing before
24the effective date of the order of suspension or revocation if the
25request for the hearing is postmarked or received by the department
26on or before 10 days after the person’s receipt of the service of the
27notice of the order of suspension or revocation pursuant to Section
2813353.2, 13388, 23612, or 13382.
29(e) A request for an administrative hearing does not stay the
30suspension or revocation of a person’s privilege to operate a motor
31vehicle. If the department does not conduct an administrative
32hearing and make a determination after an administrative hearing
33within the time limit in subdivision (d), the department shall stay
34the effective date of the order of suspension or revocation pending
35the determination and, if the person’s driver’s license has been
36taken by the peace officer pursuant to Section 13388, 23612, or
3713382, the department shall notify the person before the expiration
38date of the temporary permit issued pursuant to Section 13388,
3923612, or 13382, or the expiration date of any previous extension
40issued pursuant to this subdivision, provided the person is otherwise
P36 1eligible, in a form that permits the person to establish to any peace
2officer that his or her privilege to operate a motor vehicle is not
3suspended or revoked.
4(f) The department shall give written notice of its determination
5pursuant to Section 14105. If the department determines, upon a
6hearing of the matter, to suspend or revoke the person’s privilege
7to operate a motor vehicle, notwithstanding the term of any
8temporary permit issued pursuant to Section 13388, 23612, or
913382, the temporary permit shall be revoked and the suspension
10or revocation of the person’s privilege to operate a motor vehicle
11shall become effective five days after notice is given. If the
12department sustains the order of suspension or revocation, the
13department shall include notice that the person has a right to review
14by the court pursuant to Section 13559.
15(g) A determination of facts by the department upon a hearing
16pursuant to this section has no collateral estoppel effect on a
17subsequent criminal prosecution and does not preclude litigation
18of those same facts in the criminal proceeding.
Section 16020.1 of the Vehicle Code is amended to
(a) On and after January 1, 2020, Section 4000.37
23does not apply to vehicle owners with a residence address in the
24County of Los Angeles at the time of registration renewal.
25(b) On and after January 1, 2020, subdivisions (a) and (b) of
26Section 16028 do not apply to a person who drives a motor vehicle
27upon a highway in the County of Los Angeles.
Section 16020.2 of the Vehicle Code is amended to
(a) On and after January 1, 2020, Section 4000.37
32does not apply to vehicle owners with a residence address in the
33City and County of San Francisco at the time of registration
35(b) On and after January 1, 2020, subdivisions (a) and (b) of
36Section 16028 do not apply to a person who drives a motor vehicle
37upon a highway in the City and County of San Francisco.
Section 24002 of the Vehicle Code is amended to
(a) It is unlawful to operate any vehicle or combination
2of vehicles which is in an unsafe condition, or which is not safely
3loaded, and which presents an immediate safety hazard.
4(b) It is unlawful to operate any vehicle or combination of
5vehicles which is not equipped as provided in this code.
6(c) A motor carrier shall not require a person to drive a
7commercial motor vehicle unless the
begin delete person,end delete by reason
8of experience, training, or both,
begin delete is able toend delete determine whether the
9cargo being transported, including baggage in a passenger-carrying
10commercial vehicle, has been properly located, distributed, and
11secured in or on the
begin delete vehicle.end delete
13(d) A driver shall not operate a commercial motor vehicle unless
begin delete driver,end delete by reason of experience, training, or both,
begin delete is able toend delete
demonstrate familiarity with the methods and procedures
begin delete cargo, including baggage in a passenger-carrying in or on the
17commercial vehicle,end delete
begin delete vehicle.end delete
begin deleteA motor carrier and a driver of a end deletecommercial motor begin delete vehicleend delete shall comply with Section
21392.9 of Title 49 of the Code of Federal Regulations.
begin delete transit busend delete operated by a motor carrier, whether the motor carrier
26is a private company or a public
begin delete agency, that provides public shall be equipped with a
27transportation servicesend delete
28speedometer that shall be maintained in good working order.
Whenever the load upon any vehicle extends, or
36whenever any integral part of any vehicle projects, to the rear four
37feet or more beyond the rear of the vehicle, as measured from the
38taillamps, there shall be displayed at the extreme end of the load
39or projecting part of the vehicle during darkness, in addition to the
40required taillamp, two red lights with a bulb rated not in excess of
P38 1six candlepower plainly visible from a distance of at least 500 feet
2to the sides and rear. At any other time there shall be displayed at
3the extreme end of the load or projecting part of the vehicle a solid
4red or fluorescent orange flag or cloth not less than
begin delete 12end delete inches
Any vehicle or equipment that requires a permit
14issued pursuant to Article 6 (commencing with Section 35780) of
15Chapter 5 of Division 15 because it is wider than permitted under
16Chapter 2 (commencing with Section 35100) of Division 15 shall
17display a solid red or fluorescent orange flag or cloth not less than
begin delete 12end delete inches square at the begin delete extreme left front and left rearend delete
19 of the vehicle or equipment, if the vehicle or equipment
20is being operated other than during darkness.
(a) No person shall place, deposit, or display upon or
27adjacent to any highway any lighted fusee, except as a warning to
28approaching vehicular traffic or railroad trains, or both, of an
29existing hazard upon or adjacent to the highway or
31(b) It is unlawful to use any fusee which produces other than a
32red light. The provisions of this subdivision shall not apply to any
33railroad, as defined in Section 229 of the Public Utilities Code.
(a) All vehicles not otherwise required to be equipped
39with headlamps, rear lights, or reflectors by this chapter shall, if
40operated on a highway during darkness, be equipped with a lamp
P39 1exhibiting a red light visible from a distance of 500 feet to the rear
2of the vehicle. In addition, all of these vehicles operated alone or
3as the first vehicle in a combination of vehicles, shall be equipped
4with at least one lighted lamp exhibiting a white light visible from
5a distance of 500 feet to the front of the vehicle.
6(b) A vehicle shall also be equipped with an amber reflector on
7the front near the left side and a red reflector on the rear near the
8left side. The reflectors shall be mounted on the vehicle not lower
9than 16 inches nor higher than 60 inches above the ground and so
10designed and maintained as to be visible during darkness from all
11distances within 500 feet from the vehicle when directly in front
12of a motor vehicle displaying lawful lighted headlamps undimmed.
13(c) In addition, if a vehicle described in subdivision (a) or the
14load thereon has a total outside width in excess of 100 inches there
15shall be displayed during darkness at the left outer extremity at
16least one amber light visible under normal atmospheric conditions
17from a distance of 500 feet to the front, sides, and rear. At all other
18times there shall be displayed at the left outer extremity a solid
19red or fluorescent orange flag or cloth not less than
begin delete 12end delete inches
(a) Every motor vehicle shall be equipped with service
24brakes on all
begin delete wheels,end delete except
26(1) Trucks and truck tractors manufactured before
begin delete January 1, having three or more axles need not have
28brakes on the front wheels, except when such vehicles are equipped
29with at least two steerable axles, the wheels of one such axle need
30not be equipped with brakes.
begin deleteAny vehicle being end deletetowed in a driveaway-towaway operation.
33(3) Any vehicle manufactured prior to 1930.
34(4) Any two-axle truck tractor manufactured prior to 1964.
35(5) Any sidecar attached to a motorcycle.
36(6) Any motorcycle manufactured prior to 1966. Such
37motorcycle shall be equipped with brakes on at least one wheel.
38(b) Any bus, truck, or truck tractor may be equipped with a
39manual or automatic means for reducing the braking effort on the
P40 1front wheels. The manual means shall be used only when operating
2under adverse road conditions, such as wet, snowy, or icy roads.
3(c) Vehicles and combinations of vehicles exempted in
4subdivisions (a) and (b) from the requirements of brakes on all
5wheels shall comply with the stopping distance requirements of
A person operating a motor vehicle or bicycle may not
19wear a headset covering,
begin delete orend delete earplugs in, both ears. This prohibition does not
21apply to any of the following:
22(a) A person operating authorized emergency vehicles, as
23defined in Section 165.
24(b) A person engaged in the operation of either special
25construction equipment or equipment for use in the maintenance
26of any highway.
27(c) A person engaged in the operation of refuse collection
28equipment who is wearing a safety headset or safety earplugs.
29(d) A person wearing personal hearing protectors in the form
30of earplugs or molds that are specifically designed to attenuate
31injurious noise levels. The plugs or molds shall be designed in a
32manner so as to not inhibit the wearer’s ability to hear a siren or
33horn from an emergency vehicle or a horn from another motor
35(e) A person using a prosthetic device that aids the hard of
The requirements of Section 29004 shall not apply to
2vehicles engaged in driveaway-towaway operations if all the
3following conditions are met:
4(a) The towed vehicle has one end supported by the towing
6(b) The towed vehicle is secured to the towing vehicle by a
7device designed and constructed as to be readily demountable and
8to perform the functions of a fifth-wheel-type connection.
9(c) The fifth-wheel-type connection device is securely affixed
10to the vehicles to prevent shifting of the device on the vehicles to
11which it is attached.
fifth-wheel-type connection device provides a means
13of variation of inclination between the towing and towed vehicle
14due to vertical curvatures of the highway. Such means shall not
15depend upon either the looseness or deformation of the connection
16or the vehicles to provide for such variation.
(a) The department shall adopt rules and regulations
27that are designed to promote the safe operation of vehicles,
28regarding cargo securement standards. The regulations adopted
29pursuant to this section shall be consistent with the securement
30regulations adopted by the United States Department of
31Transportation in Part 393 (commencing with Section 393.1) of
32Title 49 of the Code of Federal Regulations, as those regulations
33now exist or are amended in the future.
adopted pursuant to subdivision (a) do not apply
35to the transportation of a pole on a pole dolly by a public utility
36company or a local public agency engaged in the business of
37supplying electricity or telephone service, by the Department of
38Transportation, or by a licensed contractor in the performance of
39work for a public utility company, a local agency, or the
40Department of Transportation, when the transportation is between
P42 1storage yards or between a storage yard and job location where
2the pole is to be used. However, no more than nine poles shall be
3transported on a dolly if any of those poles exceeds a length of 30
4feet. If poles 30 feet or less are transported by a pole or pipe dolly,
5no more than 18 poles shall be transported. A pole shall be
6adequately secured when being transported on a dolly, to prevent
7shifting or spilling of a load.
9 Regulations adopted pursuant to subdivision (a) do not apply
10to a farmer transporting his or her own hay or straw, incidental to
11his or her farming operation, if that transportation requires that the
12farmer use a highway, except that this subdivision does not relieve
13the farmer from loading and securing the hay or straw in a safe
For purposes of this division, the term “commercial
18motor vehicle” has the same meaning as defined in subdivision
19(b) of Section
begin delete 15210.end delete
(a) Motor carriers and drivers shall comply with the
23controlled substances and alcohol use, transportation, and testing
24requirements of the United States Secretary of Transportation as
25set forth in Part 382 (commencing with Section 382.101) of, and
begin delete 392.5(a)(1) and 392.5(a)(3)end delete of, Title 49
27of the Code of Federal Regulations.
28(b) (1) A motor carrier shall make available for inspection,
29upon the request of an authorized employee of the department,
30copies of all results and other records pertaining to controlled
31substances and alcohol use and testing conducted pursuant to
32federal law, as specified in subdivision (a), including those records
33contained in individual driver qualification files.
34(2) For the purposes of complying with the return-to-duty
35alcohol or controlled substances test requirements, or both, of
36Section 382.309 of Title 49 of the Code of Federal Regulations
37and the followup alcohol or controlled substances test requirements,
38or both, of Section 382.311 of that title, the department may use
39those test results to monitor drivers who are motor carriers.
P43 1(3) Evidence derived from a positive test result in the possession
2of a motor carrier shall not be admissible in a criminal prosecution
3concerning unlawful possession, sale, or distribution of controlled
5(c) A drug or alcohol
testing consortium, as defined in Section
6382.107 of Title 49 of the Code of Federal Regulations, shall mail
7a copy of all drug and alcohol positive test result summaries to the
8department within three days of the test. This requirement applies
9only to drug and alcohol positive tests of those drivers employed
10by motor carriers who operate terminals within this state.
11(d) A transit agency receiving federal financial assistance under
12Section 3, 9, or 18 of the Federal Transit Act, or under Section
13103(e)(4) of Title 23 of the United States Code, shall comply with
14the controlled substances and alcohol use and testing requirements
15of the United States Secretary of Transportation as set forth in Part
16655 (commencing with Section 655.1) of Title 49 of the Code of
18(e) The owner-operator shall notify all other motor carriers with
19whom he or she is under contract when the owner-operator has
20met the requirements of subdivision (c) of Section 15242.
21Notwithstanding subdivision (i), a violation of this subdivision is
23(f) Except as provided in Section 382.301 of Title 49 of the
24Code of Federal Regulations, an applicant for employment as a
25commercial driver or an owner-operator seeking to provide
26transportation services and meeting the requirements of subdivision
27(b) of Section 34624, may not be placed on duty by a motor carrier
28until a preemployment test for controlled substances and alcohol
29use meeting the requirements of the federal regulations referenced
30in subdivision (a) have been completed and a negative test result
31has been reported.
32(g) An applicant for employment as a commercial driver or an
33owner-operator, seeking to provide transportation services and
34meeting the requirements of subdivision (b) of Section 34624, may
35not be placed on duty by a motor carrier until the motor carrier
36has completed a full investigation of the driver’s employment
37history meeting the requirements of the federal regulations cited
38under subdivision (a). Every motor carrier, whether making or
39receiving inquiries concerning a driver’s history, shall document
40all activities it has taken to comply with this subdivision.
P44 1(h) A motor carrier that utilizes a preemployment screening
2service to review applications is in compliance with the employer
3duties under subdivisions (e) and (f) if the preemployment
4screening services that are provided satisfy the requirements of
5state and federal law and the motor carrier abides by any findings
6that would, under federal law, disqualify an applicant from
7operating a commercial vehicle.
8(i) It is a misdemeanor punishable by imprisonment in the county
9jail for six months and a fine not to exceed five thousand dollars
10($5,000), or by both the imprisonment and fine, for a person to
11willfully violate this section. As used in this subdivision,
12“willfully” has the same meaning as defined in Section 7 of the
14(j) This section does not apply to a peace officer, as defined in
15Section 830.1 or 830.2 of the Penal Code, who is authorized to
16drive vehicles described in Section 34500, or to a firefighter, as
17defined in subdivision (f) of Section 15250.6, who is authorized
18to operate firefighting equipment as defined in subdivision (g) of
19Section 15250.6, if that peace officer or firefighter is participating
20in a substance abuse detection program within the scope of his or
No reimbursement is required by this act pursuant to
24Section 6 of Article XIII B of the California Constitution because
25the only costs that may be incurred by a local agency or school
26district will be incurred because this act creates a new crime or
27infraction, eliminates a crime or infraction, or changes the penalty
28for a crime or infraction, within the meaning of Section 17556 of
29the Government Code, or changes the definition of a crime within
30the meaning of Section 6 of Article XIII B of the California