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 revenues, at least once a year, to hold one or more public meetings for the purpose of adopting criteria for expenditure of the funds and to review those expenditures.
This bill would instead, at least once a year, require one or more public meetings to adopt criteria for expenditure of funds, if the criteria have been modified from the previous year, and one or more public meetings to review those expenditures.
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.
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 the 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 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
This bill would delete this exemption. Because this bill would change the definition of a crime, it 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
begin delete phases.end delete
This bill would delete the
begin delete requirement for the department to specify a projected delivery date for a project’s construction phase.end delete
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.
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.
This bill would also correct several erroneous cross-references and 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:
Sections 16250 to 16381, inclusive, of the
4Vehicle Code, regarding the suspension of the judgment debtor’s
5privilege to operate a motor vehicle for failing to satisfy a
6judgment, apply if the judgment (1) was for damage to property
7in excess of seven hundred fifty dollars ($750) or for bodily injury
8to, or death of, a person in any amount, and (2) resulted from the
9operation of a motor vehicle upon a California highway by the
10defendant, or by any other person for whose conduct the defendant
11was liable, unless the liability resulted from the defendant’s signing
12the application of a minor for a driver’s license.
(a) If the judgment (1) was for seven hundred fifty
10dollars ($750) or less, (2) resulted from a motor vehicle accident
11occurring on a California highway caused by the defendant’s
12operation of a motor vehicle, and (3) has remained unsatisfied for
13more than 90 days after the judgment became final, the judgment
14creditor may file with the Department of Motor Vehicles a notice
15requesting a suspension of the judgment debtor’s privilege to
16operate a motor vehicle.
17(b) The notice shall state that the judgment has not been
18satisfied, and shall be accompanied by (1) a fee set by the
19department, (2) the judgment of the court determining that the
20judgment resulted from a motor vehicle accident occurring on a
21California highway caused by the judgment debtor’s operation of
22a motor vehicle, and (3) a declaration that the judgment has not
23been satisfied. The fee shall be used by the department to finance
24the costs of administering this section and
begin delete mayend delete not exceed
25the department’s actual costs.
26(c) Upon receipt of a notice, the department shall attempt to
27notify the judgment debtor by telephone, if possible, otherwise by
28certified mail, that the judgment debtor’s privilege to operate a
29motor vehicle will be suspended for a period of 90 days, beginning
3020 days after receipt of notice by the department from the judgment
31creditor, unless satisfactory proof, as provided in subdivision (e),
32is provided to the department before that date.
33(d) At the time the notice is filed, the department shall give the
34judgment creditor a copy of the notice that
begin delete shall indicateend delete
35 the filing fee paid by the judgment creditor, and
begin delete shall includeend delete
36 a space to be signed by the judgment creditor
37acknowledging payment of the judgment by the judgment debtor.
38The judgment creditor shall mail or deliver a signed copy of the
39acknowledgment to the judgment debtor once the judgment is
P10 1(e) The department shall terminate the suspension, or the
2suspension proceedings, upon the occurrence of one or more of
4(1) Receipt of proof that the judgment has been satisfied, either
5(A) by a copy of the notice required by this section signed by the
6judgment creditor acknowledging satisfaction of the judgment, or
7(B) by a declaration of the judgment debtor stating that the
8judgment has been satisfied.
9(2) Receipt of proof that the judgment debtor is complying with
10a court-ordered payment schedule.
11(3) Proof that the judgment debtor had insurance covering the
12accident sufficient to satisfy the judgment.
13(4) A deposit with the department of the amount of the
14unsatisfied judgment, if the judgment debtor presents proof,
15satisfactory to the department, of inability to locate the judgment
17(5) At the end of 90 days.
begin deleteWhen end deletethe suspension has been terminated under
19subdivision (e), the action is final and
begin delete mayend delete not be reinstituted.
begin delete Wheneverend delete the suspension is terminated, Section 14904 of the
21Vehicle Code shall apply. Money deposited with the department
22under this section shall be handled in the same manner as money
23deposited under subdivision
begin delete (d)end delete of Section
2416377 of the Vehicle Code.
25(g) A public agency is not liable for an injury caused by the
26suspension, termination of suspension, or the failure to suspend a
27person’s privilege to operate a motor vehicle as authorized by this
Section 14526.5 of the Government Code is amended
(a) Based on the asset management plan prepared
19and approved pursuant to Section 14526.4, the department shall
20prepare a state highway operation and protection program for the
21expenditure of transportation funds for major capital improvements
22that are necessary to preserve and protect the state highway system.
23Projects included in the program shall be limited to capital
24improvements relative to maintenance, safety, and rehabilitation
25of state highways and bridges that do not add a new traffic lane to
27(b) The program shall include projects that are expected to be
28advertised prior to July 1 of the year following submission of the
29program, but which have not yet been funded. The program shall
30include those projects for which construction is to begin within
31four fiscal years, starting July 1 of the year following the year the
32program is submitted.
33(c) The department, at a minimum, shall specify, for each project
34in the state highway operation and protection program, the capital
begin delete budget for each of the following project components,end delete
36 as well as a projected delivery
begin delete dateend delete for begin delete components
37(1), (2), and (3):end delete
38(1) Completion of project approval and environmental
40(2) Preparation of plans, specifications, and estimates.
P13 1(3) Acquisition of rights-of-way, including, but not limited to,
3(4) Construction.end delete
5(d) The program shall be submitted to the commission not later
6than January 31 of each even-numbered year. Prior to submitting
7the plan, the department shall make a draft of its proposed program
8available to transportation planning agencies for review and
9comment and shall include the comments in its submittal to the
11(e) The commission may review the program relative to its
12overall adequacy, consistency with the asset management plan
13prepared and approved pursuant to Section 14526.4 and funding
14priorities established in Section 167 of the Streets and Highways
15Code, the level of annual funding needed to implement the
16program, and the impact of those expenditures on the state
17transportation improvement program. The commission shall adopt
18the program and submit it to the Legislature and the Governor not
19later than April 1 of each even-numbered year. The commission
20may decline to adopt the program if the commission determines
21that the program is not sufficiently consistent with the asset
22management plan prepared and approved pursuant to Section
24(f) Expenditures for these projects shall not be subject to
25Sections 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
30cooperation with the metropolitan planning agencies, a Federal
31Statewide Transportation Improvement Program in accordance
32with subsection (g) of Section 135 of Title 23 of the United States
33Code. The Federal Statewide Transportation Improvement Program
34shall be submitted by the department to the United States Secretary
35of Transportation, by not later than December 1 of each
Section 44241 of the Health and Safety Code is
39amended to read:
(a) Fee revenues generated under this chapter in the
2bay district shall be subvened to the bay district by the Department
3of Motor Vehicles after deducting its administrative costs pursuant
4to Section 44229.
5(b) Fee revenues generated under this chapter shall be allocated
6by the bay district to implement the following mobile source and
7transportation control projects and programs that are included in
8the plan adopted pursuant to Sections 40233, 40717, and 40919:
9(1) The implementation of ridesharing programs.
10(2) The purchase or
lease of clean fuel buses for school districts
11and transit operators.
12(3) The provision of local feeder bus or shuttle service to rail
13and ferry stations and to airports.
14(4) Implementation and maintenance of local arterial traffic
15management, including, but not limited to, signal timing, transit
16signal preemption, bus stop relocation and “smart streets.”
17(5) Implementation of rail-bus integration and regional transit
19(6) Implementation of demonstration projects in telecommuting
20and in congestion pricing of highways, bridges, and public transit.
21No funds expended pursuant to this paragraph for telecommuting
22projects shall be used for the purchase of personal computing
23equipment for an individual’s home use.
24(7) Implementation of vehicle-based projects to reduce mobile
25source emissions, including, but not limited to, engine repowers,
26engine retrofits, fleet modernization, alternative fuels, and advanced
28(8) Implementation of a smoking vehicles program.
29(9) Implementation of an automobile buy-back scrappage
30program operated by a governmental agency.
31(10) Implementation of bicycle facility improvement projects
32that are included in an adopted countywide bicycle plan or
33congestion management program.
34(11) The design and construction by local public agencies of
35physical improvements that support development projects that
36achieve motor vehicle emission reductions. The projects and the
37physical improvements shall be identified in an approved
38area-specific plan, redevelopment plan, general plan, or other
P15 1(c) (1) Fee revenue generated under this chapter shall be
2allocated by the bay district for projects and programs specified
3in subdivision (b) to cities, counties, the Metropolitan
4Transportation Commission, transit districts, or any other public
5agency responsible for implementing one or more of the specified
6projects or programs. Fee revenue generated under this chapter
7may also be allocated by the bay district for projects and programs
8specified in paragraph (7) of subdivision (b) to entities that include,
9but are not limited to, public agencies, consistent with applicable
10policies adopted by the governing board of the bay district. Those
11policies shall include, but are not limited to, requirements for
12cost-sharing for projects subject to the policies. Fee revenues shall
13not be used for any planning activities that are not directly related
14to the implementation of a specific project or program.
15(2) The bay district shall adopt cost-effectiveness criteria for
16fee revenue generated under this chapter that projects and programs
17are required to meet. The cost-effectiveness criteria shall maximize
18emissions reductions and public health benefits.
19(d) Not less than 40 percent of fee revenues shall be allocated
20to the entity or entities designated pursuant to subdivision (e) for
21projects and programs in each county within the bay district based
22upon the county’s proportionate share of fee-paid vehicle
24(e) In each county, one or more entities may be designated as
25the overall program manager for the county by resolutions adopted
26by the county board of supervisors and the city councils of a
27majority of the cities representing a majority of the population in
28the incorporated area of the county. The resolution shall specify
29the terms and conditions for the expenditure of funds. The entities
30so designated shall be allocated the funds pursuant to subdivision
31(d) in accordance with the terms and conditions of the resolution.
32(f) Any county, or entity designated pursuant to subdivision (e),
33that receives funds pursuant to this section, at least once a year,
34shall hold one or more public meetings for the purpose of adopting
35criteria for expenditure of the funds, if those criteria have been
36modified in any way from the previous year. Any county, or entity
37designated pursuant to subdivision (e), that receives funds pursuant
38to this section, at least once a year, shall also hold one or more
39public meetings to review the expenditure of revenues received
40pursuant to this section by any designated entity. If any county or
P16 1entity designated pursuant to subdivision (e) that receives funds
2pursuant to this section has not allocated all of those funds within
3six months of the date of the formal approval of its expenditure
4plan by the bay district, the bay district shall allocate the
5unallocated funds in accordance with subdivision (c).
(a) When installing new security systems, a transit
9agency operated by an operator as defined in Section 99210 shall
10only purchase and install equipment capable of storing recorded
11images for at least one year, unless all of the following conditions
13(1) The transit agency has made a diligent effort to identify a
14security system that is capable of storing recorded data for one
16(2) The transit agency determines that the technology to store
17recorded data in an economically and technologically feasible
18manner for one year is not available.
19(3) The transit agency purchases and installs
the best available
20technology with respect to storage capacity that is both
21economically and technologically feasible at that time.
22(b) Notwithstanding any other provision of law, videotapes or
23recordings made by security systems operated as part of a public
24transit system shall be retained for one year, unless one of the
25following conditions applies:
26(1) The videotapes or recordings are evidence in any claim filed
27or any pending litigation, in which case the videotapes or
28recordings shall be preserved until the claim or the pending
29litigation is resolved.
30(2) The videotapes or recordings recorded an event that was or
31is the subject of an incident report, in which case the videotapes
32or recordings shall be preserved until the incident is resolved.
33(3) The transit agency utilizes a security system that was
34purchased or installed prior to January 1, 2004, or that meets the
35requirements of subdivision (a), in which case the videotapes or
36recordings shall be preserved for as long as the installed technology
Section 143 of the Streets and Highways Code is
3amended to read:
(a) (1) “Best value” means a value determined by
5objective criteria, including, but not limited to, price, features,
6functions, life-cycle costs, and other criteria deemed appropriate
7by the department or the regional transportation agency.
8(2) “Contracting entity or lessee” means a public or private
9entity, or consortia thereof, that has entered into a comprehensive
10development lease agreement with the department or a regional
11transportation agency for a transportation project pursuant to this
13(3) “Design-build” means a procurement process in which both
14the design and construction of a project are procured from a single
16(4) “Regional transportation agency” means any of the
18(A) A transportation planning agency as defined in Section
1929532 or 29532.1 of the Government Code.
20(B) A county transportation commission as defined in Section
21130050, 130050.1, or 130050.2 of the Public Utilities Code.
22(C) Any other local or regional transportation entity that is
23designated by statute as a regional transportation agency.
24(D) A joint exercise of powers authority as defined in Chapter
255 (commencing with Section 6500) of Division 7 of Title 1 of the
26Government Code, with the consent of a transportation planning
27agency or a county transportation commission for the jurisdiction
28in which the transportation project will be developed.
29(5) “Public Infrastructure Advisory Commission” means a unit
30or auxiliary organization established by the Transportation Agency
31that advises the department and regional transportation agencies
32in developing transportation projects through performance-based
34(6) “Transportation project” means one or more of the following:
35planning, design, development, finance, construction,
36reconstruction, rehabilitation, improvement, acquisition, lease,
37operation, or maintenance of highway, public street, rail, or related
38facilities supplemental to existing facilities currently owned and
39operated by the department or regional transportation agencies
40that is consistent with the requirements of subdivision (c).
P18 1(b) (1) The Public Infrastructure Advisory Commission shall
2do all of the following:
3(A) Identify transportation project opportunities throughout the
5(B) Research and document similar transportation projects
6throughout the state, nationally, and internationally, and further
7identify and evaluate lessons learned from these projects.
8(C) Assemble and make available to the department or regional
9transportation agencies a library of information, precedent,
10research, and analysis concerning infrastructure partnerships and
11related types of public-private transactions for public infrastructure.
12(D) Advise the department and regional transportation agencies,
13upon request, regarding infrastructure partnership suitability and
15(E) Provide, upon request, procurement-related services to the
16department and regional transportation agencies for infrastructure
18(2) The Public Infrastructure Advisory Commission may charge
19a fee to the department and regional transportation agencies for
20the services described in subparagraphs (D) and (E) of paragraph
21(1), the details of which shall be articulated in an agreement entered
22into between the Public Infrastructure Advisory Commission and
23the department or the regional transportation agency.
24(c) (1) Notwithstanding any other provision of law, only the
25department, in cooperation with regional transportation agencies,
26and regional transportation agencies, may solicit proposals, accept
27unsolicited proposals, negotiate, and enter into comprehensive
28development lease agreements with public or private entities, or
29consortia thereof, for transportation projects.
30(2) Projects proposed pursuant to this section and associated
31lease agreements shall be submitted to the California Transportation
32Commission. The commission, at a regularly scheduled public
33hearing, shall select the candidate projects from projects nominated
34by the department or a regional transportation agency after
35reviewing the nominations for consistency with paragraphs (3)
36and (4). Approved projects may proceed with the process described
37in paragraph (5).
38(3) The projects authorized pursuant to this section shall be
39primarily designed to achieve the following performance
P19 1(A) Improve mobility by improving travel times or reducing
2the number of vehicle hours of delay in the affected corridor.
3(B) Improve the operation or safety of the affected corridor.
4(C) Provide quantifiable air quality benefits for the region in
5which the project is located.
6(4) In addition to meeting the requirements of paragraph (3),
7the projects authorized pursuant to this section shall address a
8known forecast demand, as determined by the department or
9regional transportation agency.
10(5) At least 60 days prior to executing a final lease agreement
11authorized pursuant to this section, the department or regional
12transportation agency shall submit the agreement to the Legislature
13and the Public Infrastructure Advisory Commission for review.
14Prior to submitting a lease agreement to the Legislature and the
15Public Infrastructure Advisory Commission, the department or
16regional transportation agency shall conduct at least one public
17hearing at a location at or near the proposed facility for purposes
18of receiving public comment on the lease agreement. Public
19comments made during this hearing shall be submitted to the
20Legislature and the Public Infrastructure Advisory Commission
21with the lease agreement. The Secretary of Transportation or the
22chairperson of the Senate or Assembly fiscal committees or policy
23committees with jurisdiction over transportation matters may, by
24written notification to the department or regional transportation
25agency, provide any comments about the proposed agreement
26within the 60-day period prior to the execution of the final
27agreement. The department or regional transportation agency shall
28consider those comments prior to executing a final agreement and
29shall retain the discretion for executing the final lease agreement.
30(d) For the purpose of facilitating those projects, the agreements
31between the parties may include provisions for the lease of
32rights-of-way in, and airspace over or under, highways, public
33streets, rail, or related facilities for the granting of necessary
34easements, and for the issuance of permits or other authorizations
35to enable the construction of transportation projects. Facilities
36subject to an agreement under this section shall, at all times, be
37owned by the department or the regional transportation agency,
38as appropriate. For department projects, the commission shall
39certify the department’s determination of the useful life of the
40project in establishing the lease agreement terms. In consideration
P20 1therefor, the agreement shall provide for complete reversion of the
2leased facility, together with the right to collect tolls and user fees,
3to the department or regional transportation agency, at the
4expiration of the lease at no charge to the department or regional
5transportation agency. At the time of the reversion, the facility
6shall be delivered to the department or regional transportation
7agency, as applicable, in a condition that meets the performance
8and maintenance standards established by the department or
9regional transportation agency and that is free of any encumbrance,
10lien, or other claims.
11(e) Agreements between the department or regional
12transportation agency and the contracting entity or lessee shall
13authorize the contracting entity or lessee to use a design-build
14method of procurement for transportation projects, subject to the
15requirements for utilizing such a method contained in Chapter 6.5
16(commencing with Section 6800) of Part 1 of Division 2 of the
17Public Contract Code, other than Sections 6802, 6803, and 6813
18of that code, if those provisions are enacted by the Legislature
19during the 2009-10 Regular Session, or a 2009-10 extraordinary
21(f) (1) (A) Notwithstanding any other provision of this
22for projects on the state highway system, the department is the
23responsible agency for the performance of project development
24services, including performance specifications, preliminary
25engineering, prebid services, the preparation of project reports and
26environmental documents, and construction inspection services.
27The department is also the responsible agency for the preparation
28of documents that may include, but need not be limited to, the size,
29type, and desired design character of the project, performance
30specifications covering the quality of materials, equipment, and
31workmanship, preliminary plans, and any other information deemed
32necessary to describe adequately the needs of the department or
33regional transportation agency.
34(B) The department may use department employees or
35consultants to perform the services described in subparagraph (A),
36consistent with Article XXII of the California Constitution.
37Department resources, including personnel requirements, necessary
38for the performance of those services shall be included in the
39department’s capital outlay support program for workload purposes
40in the annual Budget Act.
P21 1(2) The department or a regional transportation agency may
2exercise any power possessed by it with respect to transportation
3projects to facilitate the transportation projects pursuant to this
4section. The department, regional transportation agency, and other
5state or local agencies may provide services to the contracting
6entity or lessee for which the public entity is reimbursed, including,
7but not limited to, planning, environmental planning, environmental
8certification, environmental review, preliminary design, design,
9right-of-way acquisition, construction, maintenance, and policing
10of these transportation projects. The department or regional
11transportation agency, as applicable, shall regularly inspect the
12facility and require the contracting entity or lessee to maintain and
13operate the facility according to adopted standards. Except as may
14otherwise be set forth in the lease agreement, the contracting entity
15or lessee shall be responsible for all costs due to development,
16maintenance, repair, rehabilitation, and reconstruction, and
18(g) (1) In selecting private entities with which to enter into
19these agreements, notwithstanding any other provision of law, the
20department and regional transportation agencies may utilize, but
21are not limited to utilizing, one or more of the following
23(A) Solicitations of proposals for defined projects and calls for
24project proposals within defined parameters.
25(B) Prequalification and short-listing of proposers prior to final
26evaluation of proposals.
27(C) Final evaluation of proposals based on qualifications and
28best value. The California Transportation Commission shall
29develop and adopt criteria for making that evaluation prior to
30evaluation of a proposal.
31(D) Negotiations with proposers prior to award.
32(E) Acceptance of unsolicited proposals, with issuance of
33requests for competing proposals. Neither the department nor a
34regional transportation agency may award a contract to an
35unsolicited bidder without receiving at least one other responsible
37(2) When evaluating a proposal submitted by the contracting
38entity or lessee, the department or the regional transportation
39agency may award a contract on the basis of the lowest bid or best
P22 1(h) The contracting entity or lessee shall have the following
3(1) Evidence that the members of the contracting entity or lessee
4have completed, or have demonstrated the experience, competency,
5capability, and capacity to complete, a project of similar size,
6scope, or complexity, and that proposed key personnel have
7sufficient experience and training to competently manage and
8complete the design and construction of the project, and a financial
9statement that ensures that the contracting entity or lessee has the
10capacity to complete the project.
11(2) The licenses, registration, and credentials required to design
12and construct the project, including, but not limited to, information
13on the revocation or suspension of any license, credential, or
15(3) Evidence that establishes that members of the contracting
16entity or lessee have the capacity to obtain all required payment
17and performance bonding, liability insurance, and errors and
19(4) Evidence that the contracting entity or lessee has workers’
20compensation experience, history, and a worker safety program
21of members of the contracting entity or lessee that is acceptable
22to the department or regional transportation agency.
23(5) A full disclosure regarding all of the following with respect
24to each member of the contracting entity or lessee during the past
26(A) Any serious or willful violation of Part 1 (commencing with
27Section 6300) of Division 5 of the Labor Code or the federal
28Occupational Safety and Health Act of 1970
begin delete (P.L.end delete
30(B) Any instance where members of the contracting entity or
31lessee were debarred, disqualified, or removed from a federal,
32state, or local government public works project.
33(C) Any instance where members of the contracting entity or
34lessee, or its owners, officers, or managing employees submitted
35a bid on a public works project and were found to be nonresponsive
36or were found by an awarding body not to be a responsible bidder.
37(D) Any instance where members of the contracting entity or
38lessee, or its owners, officers, or managing employees defaulted
39on a construction contract.
P23 1(E) Any violations of the Contractors’ State License Law
2(Chapter 9 (commencing with Section 7000) of Division 3 of the
3Business and Professions Code), including, but not limited to,
4alleged violations of federal or state law regarding the payment of
5wages, benefits, apprenticeship requirements, or personal income
6tax withholding, or Federal Insurance Contributions Act (FICA)
8(F) Any bankruptcy or receivership of any member of the
9contracting entity or lessee, including, but not limited to,
10information concerning any work completed by a surety.
11(G) Any settled adverse claims, disputes, or lawsuits between
12the owner of a public works project and any member of the
13contracting entity or lessee during the five years preceding
14submission of a bid under this article, in which the claim,
15settlement, or judgment exceeds fifty thousand dollars ($50,000).
16Information shall also be provided concerning any work completed
17by a surety during this five-year period.
18(H) If the contracting entity or lessee is a partnership, joint
19venture, or an association that is not a legal entity, a copy of the
20agreement creating the partnership or association that specifies
21that all general partners, joint venturers, or association members
22agree to be fully liable for the performance under the agreement.
23(i) No agreement entered into pursuant to this section shall
24infringe on the authority of the department or a regional
25transportation agency to develop, maintain, repair, rehabilitate,
26operate, or lease any transportation project. Lease agreements may
27provide for reasonable compensation to the contracting entity or
28lessee for the adverse effects on toll revenue or user fee revenue
29due to the development, operation, or lease of supplemental
30transportation projects with the exception of any of the following:
31(1) Projects identified in regional transportation plans prepared
32pursuant to Section 65080 of the Government Code.
33(2) Safety projects.
34(3) Improvement projects that will result in incidental capacity
36(4) Additional high-occupancy vehicle lanes or the conversion
37of existing lanes to high-occupancy vehicle lanes.
38(5) Projects located outside the boundaries of a public-private
39partnership project, to be defined by the lease agreement.
P24 1However, compensation to a contracting entity or lessee shall
2only be made after a demonstrable reduction in use of the facility
3resulting in reduced toll or user fee revenues, and may not exceed
4the difference between the reduction in those revenues and the
5amount necessary to cover the costs of debt service, including
6principal and interest on any debt incurred for the development,
7operation, maintenance, or rehabilitation of the facility.
8(j) (1) Agreements entered into pursuant to this section shall
9authorize the contracting entity or lessee to impose tolls and user
10fees for use of a facility constructed by it, and shall require that
11over the term of the lease the toll revenues and user fees be applied
12to payment of the capital outlay costs for the project, the costs
13associated with operations, toll and user fee collection,
14administration of the facility, reimbursement to the department or
15other governmental entity for the costs of services to develop and
16maintain the project, police services, and a reasonable return on
17investment. The agreement shall require that, notwithstanding
18Sections 164, 188, and 188.1, any excess toll or user fee revenue
19either be applied to any indebtedness incurred by the contracting
20entity or lessee with respect to the project, improvements to the
21project, or be paid into the State Highway Account, or for all three
22purposes, except that any excess toll revenue under a lease
23agreement with a regional transportation agency may be paid to
24the regional transportation agency for use in improving public
25transportation in and near the project boundaries.
26(2) Lease agreements shall establish specific toll or user fee
27rates. Any proposed increase in those rates not otherwise
28established or identified in the lease agreement during the term of
29the agreement shall first be approved by the department or regional
30transportation agency, as appropriate, after at least one public
31hearing conducted at a location near the proposed or existing
33(3) The collection of tolls and user fees for the use of these
34facilities may be extended by the commission or regional
35transportation agency at the expiration of the lease agreement.
36However, those tolls or user fees shall not be used for any purpose
37other than for the improvement, continued operation, or
38maintenance of the facility.
39(k) Agreements entered into pursuant to this section shall include
40indemnity, defense, and hold harmless provisions agreed to by the
P25 1department or regional transportation agency and the contracting
2entity or lessee, including provisions for indemnifying the State
3of California or the regional transportation agency against any
4claims or losses resulting or accruing from the performance of the
5contracting entity or lessee.
6(l) The plans and specifications for each transportation project
7on the state highway system developed, maintained, repaired,
8rehabilitated, reconstructed, or operated pursuant to this section
9shall comply with the department’s standards for state
10transportation projects. The lease agreement shall include
11performance standards, including, but not limited to, levels of
12service. The agreement shall require facilities on the state highway
13system to meet all requirements for noise mitigation, landscaping,
14pollution control, and safety that otherwise would apply if the
15department were designing, building, and operating the facility.
16If a facility is on the state highway system, the facility leased
17pursuant to this section shall, during the term of the lease, be
18deemed to be a part of the state highway system for purposes of
19identification, maintenance, enforcement of traffic laws, and for
20the purposes of Division 3.6 (commencing with Section 810) of
21Title 1 of the Government Code.
22(m) Failure to comply with the lease agreement in any significant
23manner shall constitute a default under the agreement and the
24department or the regional transportation agency, as appropriate,
25shall have the option to initiate processes to revert the facility to
26the public agency.
27(n) The assignment authorized by subdivision (c) of Section
28130240 of the Public Utilities Code is consistent with this section.
29(o) A lease to a private entity pursuant to this section is deemed
30to be public property for a public purpose and exempt from
31leasehold, real property, and ad valorem taxation, except for the
32use, if any, of that property for ancillary commercial purposes.
33(p) Nothing in this section is intended to infringe on the authority
34to develop high-occupancy toll lanes pursuant to Section 149.4,
35149.5, or 149.6.
36(q) Nothing in this section shall be construed to allow the
37conversion of any existing nontoll or nonuser-fee lanes into tolled
38or user fee lanes with the exception of a high-occupancy vehicle
39lane that may be operated as a high-occupancy toll lane for vehicles
40not otherwise meeting the requirements for use of that lane.
P26 1(r) The lease agreement shall require the contracting entity or
2lessee to provide any information or data requested by the
3California Transportation Commission or the Legislative Analyst.
4The commission, in cooperation with the Legislative Analyst, shall
5annually prepare a report on the progress of each project and
6ultimately on the operation of the resulting facility. The report
7shall include, but not be limited to, a review of the performance
8standards, a financial analysis, and any concerns or
9 recommendations for changes in the program authorized by this
11(s) Notwithstanding any other provision of this section, no lease
12agreement may be entered into pursuant to the section that affects,
13alters, or supersedes the Memorandum of Understanding (MOU),
14dated November 26, 2008, entered into by the Golden Gate Bridge
15Highway and Transportation District, the Metropolitan
16Transportation Commission, and the San Francisco County
17Transportation Authority, relating to the financing of the U.S.
18Highway 101/Doyle Drive reconstruction project located in the
19City and County of San Francisco.
20(t) No lease agreements may be entered into under this section
21on or after January 1, 2017.
Section 182.6 of the Streets and Highways Code is
24amended to read:
(a) Notwithstanding Sections 182 and 182.5, Sections
26188, 188.8, and 825 do not apply to the expenditure of an amount
27of federal funds equal to the amount of federal funds apportioned
28to the state pursuant to that portion of subsection (b)(3) of Section
29104, subsections (a) and (c) of Section 157, and subsection (d) of
30Section 160 of Title 23 of the United States Code that is allocated
31within the state subject to subsection (d)(3) of Section 133 of that
32code. These funds shall be known as the regional surface
33transportation program funds. The department, the transportation
34planning agencies, the county transportation commissions, and the
35metropolitan planning organizations may do all things necessary
36in their jurisdictions to secure and expend those federal funds in
37accordance with the intent of federal law and this chapter.
38(b) The regional surface transportation program funds shall be
39apportioned by the department to the metropolitan planning
40organizations designated pursuant to Section 134 of Title 23 of
P27 1the United States Code and, in areas where none has been
2designated, to the transportation planning agency designated
3pursuant to Section 29532 of the Government Code. The funds
4shall be apportioned in the manner and in accordance with the
5formula set forth in subsection (d)(3) of Section 133 of Title 23
6of the United States Code, except that the apportionment shall be
7among all areas of the state. Funds apportioned under this
8subdivision shall remain available for three federal fiscal years,
9including the federal fiscal year apportioned.
10(c) Where county transportation commissions have been created
11by Division 12 (commencing with Section 130000) of the Public
12Utilities Code, all regional surface transportation program funds
13shall be further apportioned by the metropolitan planning
14organization to the county transportation commission on the basis
15of relative population.
16In the Monterey Bay region, all regional surface transportation
17program funds shall be further apportioned, on the basis of relative
18population, by the metropolitan planning organization to the
19regional transportation planning agencies designated under
20subdivision (b) of Section 29532 of the Government Code.
21(d) The applicable metropolitan planning organization, county
22transportation commission, or transportation planning agency shall
23annually apportion the regional surface transportation program
24funds for projects in each county, as follows:
25(1) An amount equal to the amount apportioned under the
26federal-aid urban program in federal fiscal year 1990-91 adjusted
27for population. The adjustment for population shall be based on
28the population determined in the 1990 federal census except that
29no county shall be apportioned less than 110 percent of the
30apportionment received in the 1990-91 fiscal year. These funds
31shall be apportioned for projects implemented by cities, counties,
32and other transportation agencies on a fair and equitable basis
33based upon an annually updated five-year average of allocations.
34Projects shall be nominated by cities, counties, transit operators,
35and other public transportation agencies through a process that
36directly involves local government representatives.
37(2) An amount not less than 110 percent of the amount that the
38county was apportioned under the federal-aid secondary program
39in federal fiscal year 1990-91, for use by that county.
P28 1(e) The department shall notify each metropolitan planning
2organization, county transportation commission, and transportation
3planning agency receiving an apportionment under this section,
4as soon as possible each year, of the amount of obligation authority
5estimated to be available for program purposes.
6The metropolitan planning organization and transportation
7planning agency, in cooperation with the department, congestion
8management agencies, cities, counties, and affected transit
9operators, shall select and program projects in conformance with
10federal law. The metropolitan planning organization and
11transportation planning agency shall submit its Federal
12Transportation Improvement Program prepared pursuant to Section
13134 of Title 23 of the United States Code to the department for
14incorporation into the Federal Statewide Transportation
15Improvement Program not later than October 1 of each
16even-numbered year. The Federal Transportation Improvement
17Programs shall, at a minimum, include the years covered by the
18Federal Statewide Transportation Improvement Program.
19(f) Not later than July 1 of each year, the metropolitan planning
20organizations, and the regional transportation planning agencies,
21receiving obligational authority under this article shall notify the
22department of the projected amount of obligational authority that
23each entity intends to use during the remainder of the current
24federal fiscal year, including, but not limited to, a list of projects
25that will be obligated by the end of the current federal fiscal year.
26Any federal obligational authority that will not be used shall be
27redistributed by the department to other projects in a manner that
28ensures that the state will continue to compete for and receive
29increased obligational authority during the federal redistribution
30of obligational authority. If the department does not have sufficient
31federal apportionments to fully use excess obligational authority,
32the metropolitan planning organizations or regional transportation
33planning agencies relinquishing obligational authority shall make
34sufficient apportionments available to the department to fund
35alternate projects, when practical, within the geographical areas
36relinquishing the obligational authority. Notwithstanding this
37subdivision, the department shall comply with subsections (d)(3)
38and (f) of Section 133 of Title 23 of the United States Code.
39(g) A regional transportation planning agency that is not
40designated as, nor represented by, a metropolitan planning
P29 1organization with an urbanized area population greater than
2200,000 pursuant to the 1990 federal census may exchange its
3annual apportionment received pursuant to this section on a
4dollar-for-dollar basis for nonfederal State Highway Account funds,
5which shall be apportioned in accordance with subdivision (d).
6(h) (1) If a regional transportation planning agency described
7in subdivision (g) does not elect to exchange its annual
8apportionment, a county located within the boundaries of that
9regional transportation planning agency may elect to exchange its
10annual apportionment received pursuant to paragraph (2) of
11subdivision (d) for nonfederal State Highway Account funds.
12(2) A county not included in a regional transportation planning
13agency described in subdivision (g), whose apportionment pursuant
14to paragraph (2) of subdivision (d) was less than 1 percent of the
15total amount apportioned to all counties in the state, may exchange
16its apportionment for nonfederal State Highway Account funds.
17If the apportionment to the county was more than 31⁄2 percent of
18the total apportioned to all counties in the state, it may exchange
19that portion of its apportionment in excess of 31⁄2 percent for
20nonfederal State Highway Account funds. Exchange funds received
21by a county pursuant to this section may be used for any
23(i) The department shall be responsible for closely monitoring
24the use of federal transportation funds, including regional surface
25transportation program funds to ensure full and timely use. The
26department shall prepare a quarterly report for submission to the
27commission regarding the progress in use of all federal
28transportation funds. The department shall notify the commission
29and the appropriate implementation agency whenever there is a
30failure to use federal funds within the three-year apportionment
31period established under subdivision (b).
32(j) The department shall provide written notice to implementing
33agencies when there is one year remaining within the three-year
34apportionment period established under subdivision (b) of this
36(k) Within six months of the date of notification required under
37subdivision (j), the implementing agency shall provide to the
38department a plan to obligate funds that includes, but need not be
39limited to, a list of projects and milestones.
P30 1(l) If the implementing agency has not met the milestones
2established in the implementation plan required under subdivision
3(k), prior to the end of the three-year apportionment period
4established under subdivision (b), the commission shall redirect
5those funds for use on other transportation projects in the state.
6(m) Notwithstanding subdivisions (g) and (h), regional surface
7transportation program funds available under this section
8exchanged pursuant to Section 182.8 may be loaned to and
9expended by the department. The department shall repay from the
10State Highway Account to the Traffic Congestion Relief Fund all
11funds received as federal reimbursements for funds exchanged
12under Section 182.8 as they are received from the Federal Highway
13Administration, except that those repayments are not required to
14be made more frequently than on a quarterly basis.
15(n) Prior to determining the amount for local subvention required
16by this section, the department shall first deduct the amount
17authorized by the Legislature for increased department oversight
18of the federal subvented program.
Section 182.7 of the Streets and Highways Code is
21amended to read:
(a) Notwithstanding Sections 182 and 182.5, Sections
23188, 188.8, and 825 do not apply to the expenditure of an amount
24of federal funds equal to the amount of federal funds apportioned
25to the state pursuant to Section 104(b)(4) of Title 23 of the United
26States Code. These funds shall be known as the congestion
27mitigation and air quality improvement program funds and shall
28be expended in accordance with Section 149 of Title 23 of the
29United States Code, including the requirements relating to
30particulate matter less than 2.5 micrometers in diameter in
31subsections (g) and (k) of the section. The department, the
32transportation planning agencies, and the metropolitan planning
33organizations may do all things necessary in their jurisdictions to
34secure and expend those federal funds in accordance with the intent
35of federal law and this chapter.
36(b) The congestion mitigation and air quality improvement
37program funds shall be apportioned by the department to the
38metropolitan planning organizations designated pursuant to Section
39134 of Title 23 of the United States Code and, in areas where none
40has been designated, to the transportation planning agency
P31 1established by Section 29532 or 29532.1 of the Government Code.
2All funds apportioned to the state pursuant to Section 104(b)(4)
3of Title 23 of the United States Code shall be apportioned to
4metropolitan planning organizations and transportation planning
5agencies responsible for air quality conformity determinations in
6federally designated air quality nonattainment and maintenance
7areas within the state as follows:
8(1) The department shall apportion these funds in the ratio that
9the weighted nonattainment and maintenance population in each
10federally designated area within the state bears to the total of all
11weighted nonattainment and maintenance area populations in the
13(2) Subject to paragraph (3), the weighted nonattainment and
14maintenance area population shall be calculated by multiplying
15the population of each area in the state that is a nonattainment area
16or maintenance area as described in Section 149(b) of Title 23 of
17the United States Code for ozone or carbon monoxide by the
19(A) A factor of 1.0, if, at the time of apportionment, the area is
20a maintenance area.
21(B) A factor of 1.0, if, at the time of the apportionment, the area
22is classified as a marginal ozone nonattainment area under Subpart
232 of Part D of Title I of the Clean Air Act (42 U.S.C. Sec. 7511 et
25(C) A factor of 1.1, if, at the time of the apportionment, the area
26is classified as a moderate ozone nonattainment area under Subpart
272 of Part D of Title I of the Clean Air Act (42 U.S.C. Sec. 7511 et
29(D) A factor of 1.2, if, at the time of the apportionment, the area
30is classified as a serious ozone nonattainment area under Subpart
312 of Part D of Title I of the Clean Air Act (42 U.S.C. Sec. 7511 et
33(E) A factor of 1.3, if, at the
time of the apportionment, the area
34is classified as a severe ozone nonattainment area under Subpart
352 of Part D of Title I of the Clean Air Act (42 U.S.C. Sec. 7511 et
37(F) A factor of 1.4, if, at the time of the apportionment, the area
38is classified as an extreme ozone nonattainment area under Subpart
392 of Part D of Title I of the Clean Air Act (42 U.S.C. Sec. 7511 et
P32 1(G) A factor of 1.0, if, at the time of the apportionment, the area
2is not a nonattainment or maintenance area for ozone, but is
3classified under Subpart 3 of Part D of Title I of the Clean Air Act
4(42 U.S.C. Sec. 7512 et seq.) as a nonattainment area for carbon
6(H) A factor of 1.0, if, at the time of the apportionment, an area
7is designated as a nonattainment area for ozone under Subpart 1
8of Part D of Title I of the Clean Air Act (42 U.S.C. Sec. 7512 et
10(3) If, in addition to being designated as a nonattainment or
11maintenance area for ozone as described in paragraph (2), any
12 county within the area is also classified under Subpart 3 of Part D
13of Title I of the Clean Air Act (42 U.S.C. Sec. 7512 et seq.) as a
14nonattainment or maintenance area described in paragraph (2) for
15carbon monoxide, the weighted nonattainment or maintenance
16area population of the county, as determined under subparagraphs
17(A) to (F), inclusive, or subparagraph (H) of paragraph (2), shall
18be further multiplied by a factor of 1.2.
19(4) Funds allocated under this subdivision shall remain available
20for three federal fiscal years, including the federal fiscal year
22(c) Notwithstanding subdivision (b), where county transportation
23commissions have been created by Division 12 (commencing with
24Section 130000) of the Public Utilities Code, all congestion
25mitigation and air quality improvement program funds shall be
26further apportioned by the metropolitan planning organization to
27 the county transportation commission on the basis of relative
28population within the federally designated air quality nonattainment
29and maintenance areas after first apportioning to the nonattainment
30and maintenance areas in the manner and in accordance with the
31formula set forth in subdivision (b).
32In the Monterey Bay region, all congestion mitigation and air
33quality improvement program funds shall be further apportioned,
34on the basis of relative population, by the metropolitan planning
35organization to the regional transportation planning agencies
36designated under subdivision (b) of Section 29532 of the
38(d) The department shall notify each metropolitan planning
39organization, transportation planning agency, and county
40transportation commission receiving an apportionment under this
P33 1section, as soon as possible each year, of the amount of obligational
2authority estimated to be available for expenditure from the federal
3apportionment. The metropolitan planning organizations,
4transportation planning agencies, and county transportation
5commissions, in cooperation with the department, congestion
6management agencies, cities and counties, and affected transit
7operators, shall select and program projects in conformance with
8federal law. Each metropolitan planning organization and
9transportation planning agency shall, not later than October 1 of
10each even-numbered year, submit its Federal Transportation
11Improvement Program prepared pursuant to Section 134 of Title
1223 of the United States Code to the department for incorporation
13into the Federal Statewide Transportation Improvement Program.
14Federal Transportation Improvement Programs shall, at a
15 minimum, include the years covered by the Federal Statewide
16 Transportation Improvement Program.
17(e) Not later than July 1 of each year, the metropolitan planning
18organizations and the regional transportation planning agencies
19receiving obligational authority under this section, shall notify the
20department of the projected amount of obligational authority that
21each entity intends to use during the remainder of the current
22federal fiscal year, including, but not limited to, a list of projects
23that will use the obligational authority. Any federal obligational
24authority that will not be used shall be redistributed by the
25department to other projects in a manner that ensures that the state
26will continue to compete for and receive increased obligational
27authority during the federal redistribution of obligational authority.
28If the department does not have sufficient federal apportionments
29to fully use excess obligational authority, the metropolitan planning
30organization or transportation planning agency relinquishing
31obligational authority shall make sufficient funding available to
32the department to fund alternate projects, when practical, within
33the geographical areas relinquishing the obligational authority.
34Notwithstanding this subdivision, the department shall comply
35with subsection (f) of Section 133 of Title 23 of the United States
37(f) The department shall be responsible for closely monitoring
38the use of federal transportation funds, including congestion
39management and air quality improvement program funds to ensure
40full and timely use. The department shall prepare a quarterly report
P34 1for submission to the commission regarding the progress in use of
2all federal transportation funds. The department shall notify the
3 commission and the appropriate implementation agency whenever
4there is a failure to use federal funds within the three-year
5apportionment period established under paragraph (4) of
7(g) The department shall provide written notice to implementing
8agencies when there is one year remaining within the three-year
9apportionment period established under paragraph (4) of
11(h) Within six months of the date of notification required under
12subdivision (g), the implementing agency shall provide to the
13department a plan to obligate funds that includes, but need not be
14limited to, a list of projects and milestones.
15(i) If the implementing agency has not met the milestones
16established in the implementation plan required under subdivision
17(h), prior to the end of the three-year apportionment period
18established under paragraph (4) of subdivision (b), the commission
19shall redirect those funds for use on other transportation projects
20in the state.
21(j) Congestion mitigation and air quality improvement program
22funds available under this section exchanged pursuant to Section
23182.8 may be loaned to and expended by the department. The
24department shall repay from the State Highway Account to the
25Traffic Congestion Relief Fund all funds received as federal
26reimbursements for funds exchanged under Section 182.8 as they
27are received from the Federal Highway Administration, except
28that those repayments are not required to be made more frequently
29than on a quarterly basis.
30(k) Prior to determining the amount for local subvention required
31by this section, the department shall first deduct the amount
32authorized by the Legislature for increased department oversight
33of the federal subvented program.
Section 253.7 of the Streets and Highways Code is
36amended to read:
The California freeway and expressway system shall
39Route 133 from Route 73 to Route 241.
40Route 137 from Route 99 near Tulare to Route 65 near Lindsay.
P35 1Route 138 from Route 5 near Gorman to Route 15 near Cajon
3Route 142 from Route 71 near Chino to Route 210 near Upland.
4Route 152 from Route 101 to Route 65 near Sharon via Pacheco
6Route 160 from:
7(a) Route 4 near Antioch to Route 12 near Rio Vista.
8(b) Sacramento to Route 51.
9Route 166 from:
10(a) Route 101 near Santa Maria to Route 33 in Cuyama Valley.
11(b) Route 33 near Maricopa to Route 5.
12Route 168 from Fresno to Huntington Lake.
13Route 170 from Route 101 near Riverside Drive to Route 5 near
15Route 178 from:
16(a) Bakersfield to Route 14 near Freeman.
17(b) Route 14 near Freeman to the vicinity of the San Bernardino
19Route 180 from:
20(a) Route 25 near Paicines to Route 5.
21(b) Route 5 to Route 99 passing near Mendota.
22(c) Route 99 near Fresno to General Grant Grove section of
23Kings Canyon National Park.
24Route 190 from Route 136 near Keeler to Route 127 near Death
26Route 193 from Route 65 near Lincoln to Route 80 near
28Route 198 from Route 5 near Oilfields to the Sequoia National
(a) Route 92 is from:
33(1) Route 1 near Half Moon Bay to Route 280.
34(2) Route 280 to Route
begin delete 580 near Castro Valley andend delete
36(b) The relinquished former portion of Route 92 within the City
37of Hayward is not a state highway and is not eligible for adoption
38under Section 81. For the relinquished former portion of Route
3992, the City of Hayward shall maintain within its jurisdiction signs
40directing motorists to the continuation of Route 92 or to the state
P36 1highway system, as
begin delete applicable, and shall ensure the continuity of
2traffic flow on the relinquished portion of Route 92, including any
3traffic signal progression.end delete
Section 470 of the Streets and Highways Code is
25amended to read:
(a) Route 170 is from Route 101 near Riverside Drive to
27Route 5 near Tujunga Wash.
28(b) The relinquished former portion of Route 170 within the
29City of Los Angeles between Route 2 and Route 101 is not a state
30highway and is not eligible for adoption under Section 81. For that
31relinquished former portion of Route 170, the City of Los Angeles
32shall maintain signs directing motorists to the continuation of
(a) Route 185 is from Route 92 in Hayward to Route 77
38(b) The relinquished former portion of Route 185 within the
39City of Hayward is not a state highway and is not eligible for
40adoption under Section 81. For the relinquished former portion of
P37 1Route 185, the City of Hayward shall maintain within its
2jurisdiction signs directing motorists to the continuation of Route
3185 or to the state highway system, as
begin delete applicable, and shall ensure
4the continuity of traffic flow on the relinquished portion of Route
5185, including any traffic signal progression.end delete
(a) Route 238 is from Route 680 in Fremont to Route 61
28near San Lorenzo via Hayward.
29(b) The relinquished former portion of Route 238 within the
30City of Hayward is not a state highway and is not eligible for
31adoption under Section 81. For the relinquished former portion of
32Route 238, the City of Hayward shall maintain within its
33jurisdiction signs directing motorists to the continuation of Route
34238 or to the state highway system, as
begin delete applicable, and shall ensure
35the continuity of traffic flow on the relinquished portion of Route
36238, including any traffic signal progression.end delete
Section 890.4 of the Streets and Highways Code is
19amended to read:
As used in this article, “bikeway” means all facilities
21that provide primarily for, and promote, bicycle travel. For
22purposes of this article, bikeways shall be categorized as follows:
23(a) Bike paths or shared use paths, also referred to as “Class I
24bikeways,” which provide a completely separated right-of-way
25designated for the exclusive use of bicycles and pedestrians with
26crossflows by motorists minimized.
27(b) Bike lanes, also referred to as “Class II bikeways,” which
28provide a restricted right-of-way designated for the exclusive or
29semiexclusive use of bicycles with through travel by motor vehicles
30or pedestrians prohibited, but with vehicle parking and crossflows
31by pedestrians and motorists permitted.
32(c) Bike routes, also referred to as “Class III bikeways,” which
33provide a right-of-way on-street or off-street, designated by signs
34or permanent markings and shared with pedestrians and motorists.
35(d) Cycle tracks or separated bikeways, also referred to as “Class
36IV bikeways,” which promote active transportation and provide a
37right-of-way designated exclusively for bicycle travel adjacent to
38a roadway and which are separated from vehicular traffic. Types
39of separation include, but are not limited to, grade separation,
40flexible posts, inflexible physical barriers, or on-street parking.
The commission shall adopt a program of projects to
4receive allocations under this chapter. The guidelines for an initial
5two-year program of projects shall be adopted within six months
6of the enactment of the act enacting this section. The commission
7shall adopt the 2015 program of projects no later than
begin delete December and shall adopt each subsequent
831, 2015,end delete
9program not later than April 1 of each odd-numbered year, but
10may alternatively elect to adopt a program annually. Each
11subsequent program shall cover a period of four fiscal years,
12 beginning July 1 of the year of adoption, and shall be a statement
13of intent by the commission for the allocation or expenditure of
14funds during those four fiscal years. The commission shall form
15a multidisciplinary advisory group to assist it in evaluating project
The department shall prepare and publish a printed
20summary describing the penalties for noncompliance with Sections
2116000 and 16028, which shall be included with each motor vehicle
22registration, registration renewal, and transfer of registration and
23with each driver’s license and license renewal. The printed
24summary may contain, but is not limited to, the following wording:
2526“IMPORTANT FACTS ABOUT ENFORCEMENT OF
27CALIFORNIA’S COMPULSORY FINANCIAL
36California law requires every driver to carry written evidence
37of valid automobile liability insurance, a
begin delete thirty-five thousand bond, a
38dollar ($35,000)end delete
begin delete thirty-five thousand dollar cash deposit, or a certificate of self-insurance
40that has been issued by the Department of Motor Vehicles.
P40 2You must provide evidence of financial responsibility when you
3renew the registration of a motor vehicle, and after you are cited
4by a peace officer for a traffic violation or are involved in any
5traffic accident. The law requires that you provide the officer
6with the name and address of your insurer and the policy
7identification number. Your insurer will provide written evidence
8of this number. Failure to provide evidence of your financial
9responsibility can result in fines of up to
begin delete five hundred dollars and loss of your driver’s license. Falsification of
11evidence can result in fines of up to
begin delete seven hundred fifty dollars or 30 days in jail, or both, in addition to a one-year
13suspension of driving privileges.
15 Under existing California law, if you are involved in an accident
16that results in damages of over
begin delete seven hundred fifty dollars ($750)end delete
17 to the property of any person or in any injury or fatality,
18you must file a report of the accident with the Department of
19Motor Vehicles within 10 days of the accident. If you fail to file
20a report or fail to provide evidence of financial responsibility on
21the report, your driving privilege will be suspended for up to
22four years. Your suspension notice will notify you of the
23department’s action and of your right to a hearing. Your
24suspension notice will also inform you that if you request a
25hearing, it must be conducted within 30 days of your written
26request, and that a decision is to be rendered within 15 days of
27the conclusion of the hearing.”
Section 1808 of the Vehicle Code is amended to read:
(a) Except where a specific provision of law prohibits
39the disclosure of records or information or provides for
40confidentiality, all records of the department relating to the
P42 1registration of vehicles, other information contained on an
2application for a driver’s license, abstracts of convictions, and
3abstracts of accident reports required to be sent to the department
4in Sacramento, except for abstracts of accidents where, in the
5opinion of a reporting officer, another individual was at fault, shall
6be open to public inspection during office hours. All abstracts of
7accident reports shall be available to law enforcement agencies
8and courts of competent jurisdiction.
9(b) The department shall make available or disclose abstracts
10of convictions and abstracts of accident reports required to be sent
11to the department in Sacramento, as described in subdivision (a),
12if the date of the occurrence is not later than the following:
13(1) Ten years for a violation pursuant to Section 23140, 23152,
15(2) Seven years for a violation designated as two points pursuant
16to Section 12810, except as provided in paragraph (1) of this
18(3) Three years for accidents and all other violations.
19(c) The department shall make available or disclose suspensions
20and revocations of the driving privilege while the suspension or
21revocation is in effect and for three years following termination
22of the action or reinstatement of the privilege, except that driver’s
23license suspension actions taken pursuant to Sections 13202.6 and
2413202.7, Section 17520 of the Family Code, or Section 256 or
25former Section 11350.6 of the Welfare and Institutions Code shall
26be disclosed only during the actual time period in which the
27suspension is in effect.
28(d) The department shall not make available or disclose a
29suspension or revocation that has been judicially set aside or stayed.
30(e) The department shall not make available or disclose personal
31information about a person unless the disclosure is in compliance
32with the Driver’s Privacy Protection Act of 1994 (18 U.S.C. Sec.
332721 et seq.). However, a disclosure is subject to the prohibition
34in paragraph (2) of subdivision (a) of Section 12800.5.
35(f) The department shall make available or disclose to the courts
36and law enforcement agencies a conviction of Section 23103, as
37specified in Section 23103.5, or a conviction of Section 23140,
3823152, or 23153, or Section 655 of the Harbors and Navigation
39Code, or paragraph (1) of subdivision (c) of Section 192 of the
40Penal Code for a period of 10 years from the date of the offense
P43 1for the purpose of imposing penalties mandated by this code, or
2by other applicable provisions of California law.
3(g) The department shall make available or disclose to the courts
4and law enforcement agencies a conviction of Section 191.5, or
5subdivision (a) of Section 192.5 of the Penal Code, punished as a
6felony, for the purpose of imposing penalties mandated by Section
723550.5, 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
12a vehicle specified in subdivision (k) shall obtain a report showing
13the driver’s current public record as recorded by the department.
14For purposes of this subdivision, a report is current if it was issued
15less than 30 days prior to the date the employer employs the driver.
16The report shall be reviewed, signed, and dated by the employer
17and maintained at the employer’s place of business until receipt
18of the pull-notice system report pursuant to subdivisions (b) and
19(c). These reports shall be presented upon request to an authorized
20representative of the Department of the California Highway Patrol
21during regular business hours.
22(b) The employer of a driver who drives a vehicle specified in
23subdivision (k) shall participate in a pull-notice system, which is
24a process for the purpose of providing the employer with a report
25showing the driver’s current public record as recorded by the
26department, and any subsequent convictions, failures to appear,
27accidents, driver’s license suspensions, driver’s license revocations,
28or any other actions taken against the driving privilege or
29certificate, added to the driver’s record while the employer’s
30notification request remains valid and uncanceled. As used in this
31section, participation in the pull-notice system means obtaining a
32requester code and enrolling all employed drivers who drive a
33vehicle specified in subdivision (k) under that requester code.
34(c) The employer of a driver of a vehicle specified in subdivision
35(k) shall, additionally, obtain a periodic report from the department
36at least every 12 months. The employer shall verify that each
37employee’s driver’s license has not been suspended or revoked,
38the employee’s traffic violation point count, and whether the
39employee has been convicted of a violation of Section 23152 or
4023153. The report shall be signed and dated by the employer and
P44 1maintained at the employer’s principal place of business. The
2report shall be presented upon demand to an authorized
3representative of the Department of the California Highway Patrol
4during regular business hours.
5(d) Upon the termination of a driver’s employment, the employer
6shall notify the department to discontinue the driver’s enrollment
7in the pull-notice system.
8(e) For the purposes of the pull-notice
system and periodic report
9process required by subdivisions (b) and (c), an owner, other than
10an owner-operator as defined in Section 34624, and an employer
11who drives a vehicle described in subdivision (k) shall be enrolled
12as if he or she were an employee. A family member and a volunteer
13 driver who drives a vehicle described in subdivision (k) shall also
14be enrolled as if he or she were an employee.
15(f) An employer who, after receiving a driving record pursuant
16to this section, employs or continues to employ as a driver a person
17against whom a disqualifying action has been taken regarding his
18or her driving privilege or required driver’s certificate, is guilty of
19a public offense, and upon conviction thereof, shall be punished
20by confinement in a county jail for not more than six months, by
21a fine of not more than one thousand dollars ($1,000), or by both
22that confinement and fine.
23(g) As part of its inspection of bus maintenance facilities and
24terminals required at least once every 13 months pursuant to
25subdivision (c) of Section 34501, the Department of the California
26Highway Patrol shall determine whether each transit operator, as
27defined in Section 99210 of the Public Utilities Code, is then in
28compliance with this section and Section 12804.6, and shall certify
29each operator found to be in compliance. Funds shall not be
30allocated pursuant to Chapter 4 (commencing with Section 99200)
31of Part 11 of Division 10 of the Public Utilities Code to a transit
32operator that the Department of the California Highway Patrol has
33not certified pursuant to this section.
34(h) (1) A request to participate in the pull-notice system
35established by this section shall be accompanied by a fee
36determined by the department to be sufficient to defray the entire
37actual cost to the department for the notification service. For the
38receipt of subsequent reports, the employer shall also be charged
39a fee established by the department pursuant to Section 1811. An
40employer who qualifies pursuant to Section 1812 shall be exempt
P45 1from any fee required pursuant to this section. Failure to pay the
2fee shall result in automatic cancellation of the employer’s
3participation in the notification services.
4(2) A regularly organized fire department, having official
5recognition of the city, county, city and county, or district in which
6the department is located, shall participate in the pull-notice
7program and shall not be subject to the fee established pursuant
8to this subdivision.
9(3) The Board of Pilot Commissioners for Monterey Bay and
10the Bays of San Francisco, San Pablo, and Suisun, and its port
11agent shall participate in the pull-notice system established by this
12section, subject to Section 1178.5 of the Harbors and Navigation
13Code, and shall not be subject to the fees established pursuant to
15(i) The department, as soon as feasible, may establish an
16automatic procedure to provide the periodic reports to an employer
17by mail or via an electronic delivery method, as required by
18subdivision (c), on a regular basis without the need for individual
20(j) (1) The employer of a driver who is employed as a casual
21driver is not required to enter that driver’s name in the pull-notice
22system, as otherwise required by subdivision (a). However, the
23employer of a casual driver shall be in possession of a report of
24the driver’s current public record as recorded by the department,
25prior to allowing a casual driver to drive a vehicle specified in
26subdivision (k). A report is current if it was issued less than six
27months prior to the date the employer employs the driver.
28(2) For the purposes of this subdivision, a driver is employed
29as a casual driver when the employer has employed the driver less
30than 30 days during the preceding six months. “Casual driver”
31does not include a driver who operates a vehicle that requires a
32passenger transportation endorsement.
33(k) This section applies to a vehicle for the operation of which
34the driver is required to have a class A or class B driver’s license,
35a class C license with any endorsement issued pursuant to Section
3615278, a class C license issued pursuant to Section 12814.7, or a
37certificate issued pursuant to Section 12517, 12519, 12520, 12523,
38 12523.5, or 12527, or a passenger vehicle having a seating capacity
39of not more than 10 persons, including the driver, operated for
40compensation by a charter-party carrier of passengers or passenger
P46 1stage corporation pursuant to a certificate of public convenience
2and necessity or a permit issued by the Public Utilities
4(l) This section shall not be construed to change the definition
5of “employer,” “employee,” or “independent contractor” for any
7(m) A motor carrier who contracts with a person to drive a
8vehicle described in subdivision (k) that is owned by, or leased to,
9that motor carrier, shall be subject to subdivisions (a), (b), (c), (d),
10(f), (j), (k), and (l) and the employer obligations in those
12(n) Reports issued pursuant to this section, but only those for a
13driver of a taxicab engaged in transportation services as described
14in subdivision (a) of Section 53075.5 of the Government Code,
15shall be presented upon request, during regular business hours, to
16an authorized representative of the administrative agency
17responsible for issuing permits to taxicab transportation services
18pursuant to Section 53075.5 of the Government Code.
(a) A “schoolbus accident” means any of the
23(1) A motor vehicle accident resulting in property damage in
24excess of seven hundred fifty dollars ($750) or personal injury, on
25public or private property, and involving a schoolbus, youth bus,
26school pupil activity bus, or general public paratransit vehicle
27transporting a pupil.
28(2) A collision between a vehicle and a pupil or a schoolbus
29driver while the pupil or driver is crossing the highway when the
30schoolbus flashing red signal lamps are required to be operated
31pursuant to Section 22112 or when the schoolbus is stopped for
32the purpose of loading or unloading pupils.
33(3) Injury of a pupil inside a vehicle described in paragraph (1)
34as a result of acceleration, deceleration, or other movement of the
36(b) The Department of the California Highway Patrol shall
37investigate all schoolbus accidents, except that accidents involving
38only property damage and occurring entirely on private property
39shall be investigated only if they involve a violation of this code.
(a) This section applies to the following endorsements
30(1) Passenger transportation vehicle.
31(2) Hazardous materials.
33(4) School pupil activity bus.
34(5) Youth bus.
35(6) General public paratransit vehicle.
36(7) Farm labor vehicle.
37(8) Vehicle used for the transportation of
P48 1(b) The department shall refuse to issue or renew, or shall
2revoke, the certificate or endorsement of
begin delete anyend delete person who meets
3the following conditions:
4(1) Within three years, has committed any violation that results
5in a conviction assigned a violation point count of two or more,
6as defined in Sections 12810 and 12810.5. The department
begin delete mayend delete
7 not refuse to issue or renew, nor may it revoke, a person’s
8hazardous materials or passenger transportation vehicle
9endorsement if the violation leading to the conviction occurred in
10the person’s private vehicle and not in a commercial motor vehicle,
11as defined in Section 15210.
12(2) Within three years, has had his or her driving privilege
13suspended, revoked, or on probation for any reason involving
14unsafe operation of a motor vehicle. The department
begin delete mayend delete
15 not refuse to issue or renew, nor may it revoke, a person’s
16passenger transportation vehicle endorsement if the person’s
17driving privilege has, within three years, been placed on probation
begin delete anyend delete reason involving unsafe operation of a motor vehicle.
19(3) Notwithstanding paragraphs (1) and (2), does not meet the
20qualifications for issuance of a hazardous materials endorsement
21set forth in Parts 383, 384, and 1572 of Title 49 of the Code of
23(c) The department may refuse to issue or renew, or may suspend
24or revoke, the certificate or endorsement of
begin delete anyend delete person who
25meets any of the following conditions:
26(1) Within 12 months, has been involved as a driver in three
27accidents in which the driver caused or contributed to the causes
28of the accidents.
29(2) Within 24 months, as a driver, caused or contributed to the
30cause of an accident resulting in a fatality or serious injury or
31serious property damage in excess of seven hundred fifty dollars
33(3) Has violated any provision of this code, or any rule or
34regulation pertaining to the safe operation of a vehicle for which
35the certificate or endorsement was issued.
36(4) Has violated any
restriction of the certificate, endorsement,
37or commercial driver’s license.
38(5) Has knowingly made a false statement or failed to disclose
39a material fact on an application for a certificate or endorsement.
P49 1(6) Has been determined by the department to be a negligent or
3(7) Has demonstrated irrational behavior to the extent that a
4reasonable and prudent person would have reasonable cause to
5believe that the applicant’s ability to perform the duties of a driver
6may be impaired.
7(8) Excessively or habitually uses, or is addicted to, alcoholic
8beverages, narcotics, or dangerous drugs.
9(9) Does not meet the minimum medical standards established
10or approved by the department.
11(d) The department may cancel the certificate or endorsement
12of any driver who meets any of the following conditions:
13(1) Does not have a valid driver’s license of the appropriate
15(2) Has requested cancellation of the certificate or endorsement.
16(3) Has failed to meet any of the requirements for issuance or
17retention of the certificate or endorsement, including, but not
18limited to, payment of the proper fee, submission of an acceptable
19medical report and fingerprint cards, and compliance with
20prescribed training requirements.
21(4) Has had his or her driving privilege suspended or revoked
22for a cause involving other than the safe operation of a motor
24(e) (1) The department shall refuse to issue or renew, or shall
25suspend or revoke, the passenger vehicle endorsement of a person
26who violates subdivision (b) of Section 5387 of the Public Utilities
28(2) A person found to be in violation of subdivision (b) of
29Section 5387 of the Public Utilities Code shall be ineligible for a
30passenger vehicle endorsement that would permit him or her to
31drive a bus of any kind, including, but not limited to, a bus,
32schoolbus, youth bus, school pupil activity bus, trailer bus, or a
33transit bus, with passengers, for a period of five years.
34(f) (1) Reapplication following refusal or revocation under
35subdivision (b) or (c) may be made after a period of not less than
36one year from the effective date of denial or revocation, except in
37cases where a longer period of suspension or revocation is required
39(2) Reapplication following cancellation under subdivision (d)
40may be made at any time without prejudice.
Section 13558 of the Vehicle Code is amended to
(a) Any person, who has received a notice of an order
21of suspension or revocation of the person’s privilege to operate a
22motor vehicle pursuant to Section 13353, 13353.1, 13353.2, 13388,
2323612, or 13382 or a notice pursuant to Section 13557, may request
24a hearing on the matter pursuant to Article 3 (commencing with
25Section 14100) of Chapter 3, except as otherwise provided in this
27(b) If the person wishes to have a hearing before the effective
28date of the order of suspension or revocation, the request for a
29hearing shall be made within 10 days of the receipt of the notice
30of the order of suspension or revocation. The hearing shall be held
31at a place designated by the department as close as practicable to
32the place where the arrest occurred, unless the parties agree to a
33different location. Any evidence at the hearing shall not be limited
34to the evidence presented at an administrative review pursuant to
36(c) (1) The only issues at the hearing on an order of suspension
37or revocation pursuant to Section 13353 or 13353.1 shall be those
38facts listed in paragraph (1) of subdivision (b) of Section 13557.
39Notwithstanding Section 14106, the period of suspension or
40revocation specified in Section 13353 or 13353.1 shall not be
P53 1reduced and, notwithstanding Section 14105.5, the effective date
2of the order of suspension or revocation shall not be stayed pending
3review at a hearing pursuant to this section.
4(2) The only issues at the hearing on an order of suspension
5pursuant to Section 13353.2 shall be those facts listed in paragraph
6 (3) of subdivision (b) of Section 13557. Notwithstanding Section
714106, the period of suspension specified in Section 13353.3 shall
8not be reduced.
9(d) The department shall hold the administrative hearing before
10the effective date of the order of suspension or revocation if the
11request for the hearing is postmarked or received by the department
12on or before 10 days after the person’s receipt of the service of the
13notice of the order of suspension or revocation pursuant to Section
1413353.2, 13388, 23612, or 13382.
15(e) A request for an administrative hearing does not stay the
16suspension or revocation of a person’s privilege to operate a motor
17vehicle. If the department does not conduct an administrative
18hearing and make a determination after an administrative hearing
19within the time limit in subdivision (d), the department shall stay
20the effective date of the order of suspension or revocation pending
21the determination and, if the person’s driver’s license has been
22taken by the peace officer pursuant to Section 13388, 23612, or
2313382, the department shall notify the person before the expiration
24date of the temporary permit issued pursuant to Section 13388,
2523612, or 13382, or the expiration date of any previous extension
26issued pursuant to this subdivision, provided the person is otherwise
27eligible, in a form that permits the person to establish to any peace
28officer that his or her privilege to operate a motor vehicle is not
29suspended or revoked.
30(f) The department shall give written notice of its determination
31pursuant to Section 14105. If the department determines, upon a
32hearing of the matter, to suspend or revoke the person’s privilege
33to operate a motor vehicle, notwithstanding the term of any
34temporary permit issued pursuant to Section 13388, 23612, or
3513382, the temporary permit shall be revoked and the suspension
36or revocation of the person’s privilege to operate a motor vehicle
37shall become effective five days after notice is given. If the
38department sustains the order of suspension or revocation, the
39department shall include notice that the person has a right to review
40by the court pursuant to Section 13559.
P54 1(g) A determination of facts by the department upon a hearing
2pursuant to this section has no collateral estoppel effect on a
3subsequent criminal prosecution and does not preclude litigation
4of those same facts in the criminal proceeding.
(a) The driver of a motor vehicle who is in any manner
8involved in an accident originating from the operation of the motor
9vehicle on a street or highway, or is involved in a reportable
10off-highway accident, as defined in Section 16000.1, that has
11resulted in damage to the property of any one person in excess of
12seven hundred fifty dollars ($750), or in bodily injury, or in the
13death of any person shall report the accident, within 10 days after
14the accident, either personally or through an insurance agent,
15broker, or legal representative, on a form approved by the
16department, to the office of the department at Sacramento, subject
17to this chapter. The driver shall identify on the form, by name and
18current residence address, if available, any person involved in the
19accident complaining of bodily injury.
20(b) A report is not required under subdivision (a) if the motor
21vehicle involved in the accident was owned or leased by, or under
22the direction of, the United States, this state, another state, or a
24(c) If none of the parties involved in an accident has reported
25the accident to the department under this section within one year
26following the date of the accident, the department is not required
27to file a report on the accident and the driver’s license suspension
28requirements of Section 16004 or 16070 do not apply.
(a) For purposes of this division, a “reportable
19off-highway accident” means an accident
begin delete whichend delete includes all
20of the following:
21(1) Occurs off the street or highway.
22(2) Involves a vehicle that is subject to registration under this
24(3) Results in damages to the property of any one person in
25excess of seven hundred fifty dollars ($750) or in bodily injury or
26in the death of any person.
27(b) A “reportable off-highway accident” does not include any
begin delete whichend delete occurs off-highway in which damage occurs
29only to the property of the driver or owner of the motor vehicle
30and no bodily injury or death of a person occurs.
Section 16020.1 of the Vehicle Code is amended to
(a) On and after January 1, 2020, Section 4000.37
15does not apply to vehicle owners with a residence address in the
16County of Los Angeles at the time of registration renewal.
17(b) On and after January 1, 2020, subdivisions (a) and (b) of
18Section 16028 do not apply to a person who drives a motor vehicle
19upon 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
24does not apply to vehicle owners with a residence address in the
25City and County of San Francisco at the time of registration
27(b) On and after January 1, 2020, subdivisions (a) and (b) of
28Section 16028 do not apply to a person who drives a motor vehicle
29upon a highway in the City and County of San Francisco.
(a) The suspension provisions of this article shall not
33apply to a driver or owner until 30 days after the department sends
34to the driver or owner notice of its intent to suspend his or her
35driving privilege, pursuant to subdivision (b) of Section 16070,
36and advises the driver or owner of his or her right to a hearing as
begin delete hereinafter provided.end delete
38(b) If the driver or owner receiving the notice of intent to
39suspend wishes to have a hearing, the request for a hearing shall
40be made in writing to the department within 10 days of the receipt
P57 1of the notice. Failure to respond to a notice of intent within 10
2days of receipt of the notice is a waiver of the person’s right to a
4(c) If the driver or owner makes a timely request for a hearing,
5the department shall hold the hearing before the effective date of
6the suspension to determine the applicability of this chapter to the
7driver or owner, including a determination of whether:
8(1) The accident has
resulted in property damage in excess of
9seven hundred fifty dollars ($750), or bodily injury, or death.
10(2) The driver or owner has established financial
11responsibility, as provided in Article 3 (commencing with Section
1216050), was in effect at the time of the accident.
13(d) A request for a hearing does not stay the suspension of a
14person’s driving privilege. However, if the department does not
15conduct a hearing and make a determination pursuant thereto within
16the time limit provided in subdivision (b) of Section 16070, the
17department shall stay the effective date of the order of suspension
18pending a determination.
19(e) The hearing provided for by this section shall be held in the
20county of residence of the person requesting the hearing. The
21hearing shall be conducted pursuant to Article 3 (commencing
22with Section 14100) of Chapter 3 of Division 6.
23(f) The department shall render its decision within 15 days after
24conclusion of the hearing.
As used in this chapter and Chapter 3 (commencing
26with Section 16430), “cause of action” means any cause of action
27for damage to property in excess of seven hundred fifty dollars
28($750) or for damage in any amount on account of bodily injury
29to or death of any person resulting from the operation by the
30defendant or any other person of any motor vehicle upon a highway
31in this state, except a cause of action based upon statutory liability
32by reason of signing the application of a minor for a driver’s
Every judgment shall forend delete
10 the purposes of this
begin delete chapterend delete
be deemed begin delete satisfied:end delete
12(a) When fifteenend delete
13 thousand dollars ($15,000) has been credited, upon
14any judgment in excess of that amount, or upon all judgments,
15collectively, which together total in excess of that amount, for
16personal injury to or death of one person as a result of any one
18(b) When, subjectend delete
19 to the limit of fifteen thousand dollars ($15,000) as
20to one person, the sum of thirty thousand dollars ($30,000) has
21been credited, upon any judgment in excess of that amount, or
22upon all judgments, collectively, which together total in excess of
23that amount, for personal injury to or death of more than one person
24as a result of any one accident.
25(c) When fiveend delete
26 thousand dollars ($5,000) has been credited, upon any
27judgment in excess of that amount, or upon all judgments,
28collectively, each of which is in excess of seven hundred fifty
29dollars ($750), and which together total in excess of five thousand
30dollars ($5,000), for damage to property of others as a result of
31any one accident.
32(d) When theend delete
judgment debtor or a person designated by him or her
34has deposited with the department a sum equal to the amount of
35the unsatisfied judgment for which the suspension action was taken
36and presents proof, satisfactory to the department, of inability to
37locate the judgment creditor.
Money deposited pursuant to subdivision (d) of
30Section 16377 shall be:
32 Deposited by the department in the special
deposit fund with
begin delete Stateend delete
35 Payable to the judgment creditor upon presentation of a valid
36claim establishing that he is the judgment creditor for which
37the deposit was made and that the judgment remains unsatisfied.
39 Refunded to the person making the deposit or to a person
begin delete himend delete if the deposit remains
P61 1unclaimed by the judgment creditor for a period of two years
2following the date of the deposit.
begin delete Stateend delete Controller shall draw his warrant on the
begin delete Stateend delete Treasurer for any payment ordered pursuant to this section
6as ordered by the department.
30 of financial
begin delete responsibilityend delete when
31required by this
begin delete codeend delete means proof of financial responsibility
32resulting from the ownership or operation of a motor vehicle and
33arising by reason of personal injury to, or death of, any one person,
34of at least fifteen thousand dollars ($15,000), and, subject to the
35limit of fifteen thousand dollars ($15,000) for each person injured
36or killed, of at least thirty thousand dollars ($30,000) for the injury
37to, or the death of, two or more persons in any one accident, and
38for damages to property
begin delete (inend delete excess of seven hundred fifty dollars
begin delete ($750)),end delete of at least five thousand dollars ($5,000) resulting
P62 1from any one accident. Proof of financial responsibility may be
2given in any manner authorized in this chapter.
Proof of financial responsibility may be given by
23a bond. The bond shall be conditioned for the payment of the
24amount specified in Section 16430, and shall provide for the entry
25of judgment on motion of the state in favor of any holder of any
26final judgment on account of damages to property over seven
27hundred fifty dollars ($750) in amount, or injury to any person
28caused by the operation of the person’s motor vehicle.
(a) At an intersection at which there is an automated
4enforcement system in operation, the minimum yellow light change
5interval shall be established in accordance with the
begin delete Traffic Manual
6of the Department of Transportation.end delete
8(b) For purposes of subdivision (a), the minimum yellow light
9change intervals relating to designated approach speeds provided
begin delete Traffic Manual of the Department of Transportationend delete
12mandatory minimum yellow light intervals.
13(c) A yellow light change interval may exceed the minimum
14interval established pursuant to subdivision (a).
Section 24002 of the Vehicle Code is amended to
(a) It is unlawful to operate any vehicle or combination
19of vehicles which is in an unsafe condition, or which is not safely
20loaded, and which presents an immediate safety hazard.
21(b) It is unlawful to operate any vehicle or combination of
22vehicles which is not equipped as provided in this code.
23(c) A motor carrier shall not require a person to drive a
24commercial motor vehicle unless the driver can, by reason of
25experience, training, or both, determine whether the cargo being
26transported, including baggage in a passenger-carrying commercial
27vehicle, has been properly located, distributed, and secured in or
28on the commercial motor vehicle operated by the driver.
29(d) A driver shall not operate a commercial motor vehicle unless
30the driver can, by reason of experience, training, or both,
31 demonstrate familiarity with the methods and procedures for
32securing cargo in or on the commercial motor vehicle operated by
34(e) Drivers and motor carriers of commercial motor vehicles
35shall comply with Section 392.9 of Title 49 of the Code of Federal
Section 24017 of the Vehicle Code is amended to
A commercial motor vehicle, as defined in Section 260,
5operated by a motor carrier, whether the motor carrier is a private
6company or a public agency shall be equipped with a speedometer
7that shall be maintained in good working order. The speedometer
8shall indicate the vehicle’s speed in miles per hour or kilometers
9(km) per hour and shall be accurate to within plus or minus 5 miles
10per hour (8 km/hour) at a speed of 50 miles per hour (80 km/hour).
Section 24604 of the Vehicle Code is amended to
(a) Whenever the load upon any vehicle extends, or
15whenever any integral part of any vehicle projects, to the rear four
16feet or more beyond the rear of the vehicle, as measured from the
17taillamps, there shall be displayed at the extreme end of the load
18or projecting part of the vehicle during darkness, in addition to the
19required taillamp, two red lights with a bulb rated not in excess of
20six candlepower plainly visible from a distance of at least 500 feet
21to the sides and rear. At any other time there shall be displayed at
22the extreme end of the load or projecting part of the vehicle a solid
23red or fluorescent orange flag or cloth not less than 18 inches
25(b) There shall be a single flag or cloth at the extreme rear if
26the projecting load is two feet wide or less. Two warning flags or
27cloths are required if the projecting load is wider than two feet.
28Flags or cloths shall be located to indicate maximum width of
29loads that extend beyond the sides or rear of the vehicle.
Section 25104 of the Vehicle Code is amended to
(a) Any vehicle or equipment that requires a permit
34issued pursuant to Article 6 (commencing with Section 35780) of
35Chapter 5 of Division 15 because it is wider than permitted under
36Chapter 2 (commencing with Section 35100) of Division 15 shall
37display a solid red or fluorescent orange flag or cloth not less than
3818 inches square at the extremities of the vehicle or equipment, if
39the vehicle or equipment is being operated other than during
P65 1(b) Any vehicle defined in Section 34500 transporting a load
2that extends beyond the sides of the vehicle by more than four
3inches shall also comply with subdivision (a).
Section 25305 of the Vehicle Code is amended to
(a) No person shall place, deposit, or display upon or
8adjacent to any highway any lighted fusee, except as a warning to
9approaching vehicular traffic or railroad trains, or both, of an
10existing hazard upon or adjacent to the highway or
12(b) It is unlawful to use any fusee which produces other than a
13red light. The provisions of this subdivision shall not apply to any
14railroad, as defined in Section 229 of the Public Utilities Code.
15(c) No person shall attach or permit any person to attach a
16lighted fusee to any part of a vehicle.
Section 25803 of the Vehicle Code is amended to
(a) All vehicles not otherwise required to be equipped
21with headlamps, rear lights, or reflectors by this chapter shall, if
22operated on a highway during darkness, be equipped with a lamp
23exhibiting a red light visible from a distance of 500 feet to the rear
24of the vehicle. In addition, all of these vehicles operated alone or
25as the first vehicle in a combination of vehicles, shall be equipped
26with at least one lighted lamp exhibiting a white light visible from
27a distance of 500 feet to the front of the vehicle.
28(b) A vehicle shall also be equipped with an amber reflector on
29the front near the left side and a red reflector on the rear near the
30left side. The reflectors shall be mounted on the vehicle not lower
31than 16 inches nor higher than 60 inches above the ground and so
32designed and maintained as to be visible during darkness from all
33distances within 500 feet from the vehicle when directly in front
34of a motor vehicle displaying lawful lighted headlamps undimmed.
35(c) In addition, if a vehicle described in subdivision (a) or the
36load thereon has a total outside width in excess of 100 inches there
37shall be displayed during darkness at the left outer extremity at
38least one amber light visible under normal atmospheric conditions
39from a distance of 500 feet to the front, sides, and rear. At all other
40times there shall be displayed at the left outer extremity a solid
P66 1red or fluorescent orange flag or cloth not less than 18 inches
Section 26311 of the Vehicle Code is amended to
(a) Every motor vehicle shall be equipped with service
7brakes on all wheels in contact with the roadway, except as follows:
8(1) Trucks and truck tractors manufactured before July 25, 1980,
9having three or more axles need not have brakes on the front
10wheels, except when such vehicles are equipped with at least two
11steerable axles, the wheels of one such axle need not be equipped
13(2) The final towed vehicle in a triple saddle-mount
15(3) Any vehicle manufactured prior to 1930.
16(4) Any two-axle truck tractor manufactured prior to 1964.
17(5) Any sidecar attached to a motorcycle.
18(6) Any motorcycle manufactured prior to 1966. Such
19motorcycle shall be equipped with brakes on at least one wheel.
20(b) Any bus, truck, or truck tractor may be equipped with a
21manual or automatic means for reducing the braking effort on the
22front wheels. The manual means shall be used only when operating
23under adverse road conditions, such as wet, snowy, or icy roads.
24(c) Vehicles and combinations of vehicles exempted in
25subdivisions (a) and (b) from the requirements of brakes on all
26wheels shall comply with the stopping distance requirements of
Section 27154.1 is added to the Vehicle Code, to
(a) The flooring in all motor vehicles shall be
32substantially constructed, free of unnecessary holes and openings
33and shall be maintained so as to minimize the entrance of fumes,
34exhaust gases, or fire.
35(b) Floors shall not be permeated with oil or other substances
36likely to cause injury to persons using the floor as a traction
Section 27400 of the Vehicle Code is amended to
A person operating a motor vehicle or bicycle may not
2wear a headset covering, earplugs in, or earphones covering, resting
3on, or inserted in, both ears. This prohibition does not apply to any
4of the following:
5(a) A person operating authorized emergency vehicles, as
6defined in Section 165.
7(b) A person engaged in the operation of either special
8construction equipment or equipment for use in the maintenance
9of any highway.
10(c) A person engaged in the operation of refuse collection
11equipment who is wearing a safety headset or safety earplugs.
12(d) A person wearing personal hearing protectors in the form
13of earplugs or molds that are specifically designed to attenuate
14injurious noise levels. The plugs or molds shall be designed in a
15manner so as to not inhibit the wearer’s ability to hear a siren or
16horn from an emergency vehicle or a horn from another motor
18(e) A person using a prosthetic device that aids the hard of
Section 29007 of the Vehicle Code is amended to
The requirements of Section 29004 shall not apply to
24vehicles engaged in driveaway-towaway operations if all the
25following conditions are met:
26(a) The towed vehicle has one end supported by the towing
28(b) The towed vehicle is secured to the towing vehicle by a
29device designed and constructed as to be readily demountable and
30to perform the functions of a fifth-wheel-type connection.
31(c) The fifth-wheel-type connection device is securely affixed
32to the vehicles to prevent shifting of the device on the vehicles to
33which it is attached.
34(d) The fifth-wheel-type connection device provides a means
35of variation of inclination between the towing and towed vehicle
36due to vertical curvatures of the highway. Such means shall not
37depend upon either the looseness or deformation of the connection
38or the vehicles to provide for such variation.
39(e) No more than three saddle-mounts may be used in any
P68 1(f) No more than one tow-bar or ball-and-socket type coupling
2device may be used in any combination.
3(g) Driveaway-towaway combinations shall comply with all
4provisions specified in Section 393.71 of Title 49 of the Code of
Section 34500.3 of the Vehicle Code is amended to
(a) The department shall adopt rules and regulations
10that are designed to promote the safe operation of vehicles,
11regarding cargo securement standards. The regulations adopted
12pursuant to this section shall be consistent with the securement
13regulations adopted by the United States Department of
14Transportation in Part 393 (commencing with Section 393.1) of
15Title 49 of the Code of Federal Regulations, as those regulations
16now exist or are amended in the future.
17(b) Regulations adopted pursuant to subdivision (a) do not apply
18to a farmer transporting his or her own hay or straw, incidental to
19his or her farming operation, if that transportation requires that the
20farmer use a highway, except that this subdivision does not relieve
21the farmer from loading and securing the hay or straw in a safe
Section 34500.5 of the Vehicle Code is amended to
For purposes of this division, the term “commercial
27motor vehicle” has the same meaning as defined in subdivision
28(b) of Section 15210, or any vehicle listed in Section 34500.
Section 34520 of the Vehicle Code is amended to
(a) Motor carriers and drivers shall comply with the
33controlled substances and alcohol use, transportation, and testing
34requirements of the United States Secretary of Transportation as
35set forth in Part 382 (commencing with Section 382.101) of, and
36Sections 392.4 and 392.5 of, Title 49 of the Code of Federal
38(b) (1) A motor carrier shall make available for inspection,
39upon the request of an authorized employee of the department,
40copies of all results and other records pertaining to controlled
P69 1substances and alcohol use and testing conducted pursuant to
2federal law, as specified in subdivision (a), including those records
3contained in individual driver qualification files.
4(2) For the purposes of complying with the return-to-duty
5alcohol or controlled substances test requirements, or both, of
6Section 382.309 of Title 49 of the Code of Federal Regulations
7and the followup alcohol or controlled substances test requirements,
8or both, of Section 382.311 of that title, the department may use
9those test results to monitor drivers who are motor carriers.
10(3) Evidence derived from a positive test result in the possession
11of a motor carrier shall not be admissible in a criminal prosecution
12concerning unlawful possession, sale, or distribution of controlled
14(c) A drug or alcohol testing consortium, as defined in Section
15382.107 of Title 49 of the Code of Federal Regulations, shall mail
16a copy of all drug and alcohol positive test result summaries to the
17department within three days of the test. This requirement applies
18only to drug and alcohol positive tests of those drivers employed
19by motor carriers who operate terminals within this state.
20(d) A transit agency receiving federal financial assistance under
21Section 3, 9, or 18 of the Federal Transit Act, or under Section
22103(e)(4) of Title 23 of the United States Code, shall comply with
23the controlled substances and alcohol use and testing requirements
24of the United States Secretary of Transportation as set forth in Part
25655 (commencing with Section 655.1) of Title 49 of the Code of
27(e) The owner-operator shall notify all other motor carriers
28whom he or she is under contract when the owner-operator has
29met the requirements of subdivision (c) of Section 15242.
30Notwithstanding subdivision (i), a violation of this subdivision is
32(f) Except as provided in Section 382.301 of Title 49 of the
33Code of Federal Regulations, an applicant for employment as a
34commercial driver or an owner-operator seeking to provide
35transportation services and meeting the requirements of subdivision
36(b) of Section 34624, may not be placed on duty by a motor carrier
37until a preemployment test for controlled substances and alcohol
38use meeting the requirements of the federal regulations referenced
39in subdivision (a) have been completed and a negative test result
40has been reported.
P70 1(g) An applicant for employment as a
commercial driver or an
2owner-operator, seeking to provide transportation services and
3meeting the requirements of subdivision (b) of Section 34624, may
4not be placed on duty by a motor carrier until the motor carrier
5has completed a full investigation of the driver’s employment
6history meeting the requirements of the federal regulations cited
7under subdivision (a). Every motor carrier, whether making or
8receiving inquiries concerning a driver’s history, shall document
9all activities it has taken to comply with this subdivision.
10(h) A motor carrier that utilizes a preemployment screening
11service to review applications is in compliance with the employer
12duties under subdivisions (e) and (f) if the preemployment
13screening services that are provided satisfy the requirements of
14state and federal law and the motor carrier abides by any findings
15 that would, under federal law, disqualify an applicant from
16operating a commercial vehicle.
17(i) It is a misdemeanor punishable by imprisonment in the county
18jail for six months and a fine not to exceed five thousand dollars
19($5,000), or by both the imprisonment and fine, for a person to
20willfully violate this section. As used in this subdivision,
21“willfully” has the same meaning as defined in Section 7 of the
23(j) This section does not apply to a peace officer, as defined in
24Section 830.1 or 830.2 of the Penal Code, who is authorized to
25drive vehicles described in Section 34500, or to a firefighter, as
26defined in subdivision (f) of Section 15250.6, who is authorized
27to operate firefighting equipment as defined in subdivision (g) of
28Section 15250.6, if that peace officer or firefighter is participating
29in a substance abuse detection program within the scope of his or
No reimbursement is required by this act pursuant to
33Section 6 of Article XIII B of the California Constitution because
34the only costs that may be incurred by a local agency or school
35district will be incurred because this act creates a new crime or
36infraction, eliminates a crime or infraction, or changes the penalty
37for a crime or infraction, within the meaning of Section 17556 of
38the Government Code, or changes the definition of a crime within
P71 1the meaning of Section 6 of Article XIII B of the California