BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 491|
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CONSENT
Bill No: SB 491
Author: Committee on Transportation and Housing
Amended: 4/22/15
Vote: 21
SENATE TRANS. & HOUSING COMMITTEE: 10-0, 4/28/15
AYES: Beall, Cannella, Bates, Gaines, Galgiani, Leyva,
McGuire, Mendoza, Roth, Wieckowski
NO VOTE RECORDED: Allen
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Transportation: omnibus bill
SOURCE: Author
DIGEST: This bill makes non-controversial changes to sections
of law relating to transportation.
ANALYSIS: This bill includes the following provisions, and the
proponent of each provision is noted in brackets:
1) California Department of Transportation (Caltrans)
project delivery reports (Section 1). SB 486 (DeSaulnier,
Chapter 917, Statutes of 2014) was a transparency bill that
sought to provide greater visibility of Caltrans operations
by requiring more reporting of capital and support budgets
for the State Highway Operation and Protection Program
(SHOPP). Caltrans' amendments were taken incorrectly and
the bill mistakenly required Caltrans to report the
projected delivery date of the construction phase of a
project. It is not feasible for Caltrans to report on the
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projected delivery date of the construction phase of a SHOPP
project because this date is controlled by a contractor, not
Caltrans. This requirement does not provide a reflection or
improvement of Caltrans' operations. This bill removes the
requirement for Caltrans to report the delivery date of the
construction phase of a project. [Submitted by the Senate
Transportation and Housing Committee]
2) State Transportation Improvement Plan (Sections 2, 5, and
6). State law contains an outdated title for the Federal
Statewide Transportation Improvement Program and an
incorrect reference to federal law relating to that program.
It also provides insufficient time for the state to
incorporate into the State Transportation Improvement Plan
and SHOPP all projects approved by the California
Transportation Commission. This bill ensures that state
statute is in conformity with federal statute and allows
adequate time to incorporate these changes into state plans.
[Submitted by Caltrans]
3) Public meetings to adopt project-selection criteria
(Section 3). The Bay Area Air Quality Management District
(BAAQMD) administers the $4 vehicle registration surcharge
for projects that reduce vehicle emissions. California
Health and Safety Code (HSC) Section 44241(d) requires the
BAAQMD to return 40% of the revenues to the county in which
the revenues are collected for allocation by a "program
manager." Santa Clara Valley Transportation Authority (VTA)
serves as the program manager for these funds in Santa Clara
County. HSC Section 44231(f) requires the program manager
to hold one or more public meetings at least once a year for
the purpose of: (a) adopting criteria for expenditure of
the funds, and (b) reviewing the projects to be funded. VTA
feels it is not necessary to hold public hearings and adopt
the same criteria again, year after year, if the criteria
for project selection has not changed. This bill provides
that hearings on project selection criteria are only
required if the criteria have changed. [Submitted by VTA]
4) California State Transportation Agency reference (Section
4). Existing law, effective July 1, 2013, replaces the
Business, Transportation, and Housing Agency with the
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California State Transportation Agency and the California
Business, Consumer Services, and Housing Agency. This bill
replaces an outdated reference to the Secretary of the
Business, Transportation, and Housing Agency with a
reference to the Secretary of Transportation. [Submitted
by the Assembly Transportation and Housing Committee]
5) Highway relinquishments (Sections 7 and 8). This bill
deletes specific state highway route segment descriptions
from the code given that the highway segments have been
relinquished by the California Transportation Commission to
local jurisdictions. [Submitted by the Office of
Assemblymember Ridley-Thomas]
6) Separated bikeways (Section 9). Caltrans worked
extensively with the author and source of AB 1193 (Ting,
Chapter 495, Statutes of 2014) to shape the bill into
something that technically worked well for both Caltrans and
local governments. One of the technical amendments that
Caltrans proposed was to change the word "protected" in the
definition of cycle tracks to "separated" in Streets and
Highways Code Section 890.4(d). While this change was
accepted by the author's office, the source (California
Bicycle Coalition), the League of California Cities, the
California State Association of Counties, and the Consumer
Attorneys of California, it did not make it fully into the
bill. This bill changes the word "protected" to "separated"
in the Streets and Highways Code. [Submitted by Caltrans]
7) Driver license suspensions (Section 10). Vehicle Code
Section1808(c) requires the Department of Motor Vehicles
(DMV) to make available or disclose suspensions and
revocations of the driving privilege while the suspension or
revocation is in effect, and for three years following
termination of the action or reinstatement of the privilege.
Driver license suspension actions taken pursuant to Welfare
and Institutions (WI) Code Sections13202.6 and 13202.7, 256,
or 11350.6 shall be disclosed only during the actual time
period in which the suspension is in effect. WI Code
Section 11350.6 requires the DMV to suspend the driver
license of an individual who has failed to pay their
required child support. In 1999, WI Section 11350.6 was
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repealed and renumbered to Family Code Section 17520. This
bill adds the appropriate reference to the Family Code.
References to the repealed WI sections should remain in
Vehicle Code Section 1808, as some drivers suspended in the
past will continue to show the repealed WI section as a
conviction on their driver license record. Additionally, it
is possible for a driver to continue to be suspended under
WI Code Section 11350.6 because they did not reinstate their
license for any number of reasons, including incarceration.
It is necessary for the DMV to track and disclose both
sections. [Submitted by DMV]
8) DMV Employer Pull Notice program (Section 11). The
Employer Pull Notice (EPN) program was established to
provide employers and regulatory agencies with a means to
ensure driver safety through the ongoing review of driver
records. As a result of a drafting error contained in AB
1047 (Linder, Chapter 649, Statutes of 2013), drivers of
buses with a gross vehicle weight rating of 26,000 pounds or
less were excluded from Vehicle Code Section 1808.1(k), and
therefore no longer required to be enrolled in the EPN
program. AB 1047 was intended to bring California's
commercial driver license program into compliance with
Federal Motor Carrier Safety Administration regulations to
ensure that California can continue to operate its
Commercial Driver License program, receive federal highway
funds, and be eligible for federal safety grants. This bill
clarifies that any driver license endorsement issued
pursuant to Vehicle Code Section 15278 is required to be
enrolled in the DMV EPN program. [Submitted by the
California Highway Patrol]
9) Administrative hearings for suspension or revocation
(Section 12). Vehicle Code Section 13557 specifies the
DMV's authority and requirements for administrative hearings
for drivers whose privileges are suspended or revoked for
driving under the influence and other offenses. Vehicle Code
Section 13558 authorizes any person who has received a
suspension or revocation notice for specified offenses,
including driving under the influence, to request an
administrative hearing within 10 days of receipt of the
notice of suspension or revocation. The 2011 maintenance of
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the codes bill (AB 1023, Wagner, Chapter 296, Statutes of
2011) made technical changes to Vehicle Code Section 13557,
which included the renumbering of Vehicle Code Section
13357(b)(2) to Vehicle Code Section 13557(b)(3). However,
the bill did not make necessary conforming changes to
Vehicle Code Section 13558 to provide the new paragraph
reference. This bill corrects the code section reference
error in Vehicle Code Section 13558, which incorrectly
refers to Vehicle Code Section 13357(b)(2), when it should
refer to Vehicle Code Section 13557(b)(3). [Submitted by
DMV]
10) Low-Cost Auto Insurance (LCAI) program extension
(Sections 13 and 14). Vehicle Code Sections 16020.1 and
16020.2, beginning January 1, 2016, create an exemption for
drivers in the County of Los Angeles and the City and County
of San Francisco from providing proof of financial
responsibility as part of the vehicle registration renewal
process or to law enforcement. These sections were
developed as part of a conference committee compromise
during the establishment of the Department of Insurance's
LCAI program (SB 171, Escutia, Chapter 794, Statutes of 1999
and SB 527, Speier, Chapter 807, Statutes of 1999).
The operative date of Vehicle Code Sections 16020.1 and
16020.2 is the same as the sunset date of the LCAI program.
Generally, the operative date of these sections is extended
along with the sunset date of the LCAI program. However,
due to an oversight, the operative date of the exemptions
was not extended along with the sunset date during the last
legislative session (SB 1273, Lara, Chapter 487, Statutes of
2014). Failure to extend this date means that unlike the
rest of Californians, drivers in the County of Los Angeles
and the City and County of San Francisco will not have to
show proof of insurance to register their vehicles or to law
enforcement entities, beginning next year. This bill
rectifies the oversight of SB 1273 and prevents any
operational issues for DMV by extending the operative dates
of Vehicle Code Sections 16020.1 and 16020.2 from January 1,
2016 to January 1, 2020. [Submitted by DMV]
11) Federal conformity (Sections 15-22, 24, and 25). The
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state of California was audited by members of the United
States Department of Transportation's Federal Motor Carrier
Safety Administration (FMCSA) unit. The purpose of this
audit was to review California's Motor Carrier Safety
Assistance Program for compliance with federal mandates.
During their audit, the FMCSA identified specific sections
of the Vehicle Code as lacking consistency or compatibility
with existing federal regulations and recommended these
sections be considered for revision to gain uniformity with
federal statute. This bill brings California's statutes in
line with those required federally in Title 49 of the United
States Code of Federal Regulations. [Submitted by the
California Highway Patrol]
12) Earbud use (Section 23). Statute prohibits wearing of
headsets or earplugs while operating a motor vehicle or
bicycle, with specified exceptions such as emergency
responders or hearing aid wearers. Statute does not
explicitly prohibit wearing of earbuds, such as those used
with a smartphone or iPod. This bill explicitly prohibits
earbud use while operating a motor vehicle or bicycle.
[Submitted by the Senate Transportation and Housing
Committee]
Comments
Purpose of this bill. The purpose of omnibus bills is to
include technical and non-controversial changes to various
committee-related statutes into one bill. This allows the
Legislature to make multiple, minor changes to statutes in one
bill in a cost-effective manner. The Senate Committee on
Transportation and Housing insists that its transportation
omnibus bill be a consensus measure. If there is no consensus
on a particular item, it cannot be included. There is no known
opposition to any item in this bill.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
SUPPORT: (Verified 5/11/15)
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None received
OPPOSITION: (Verified 5/11/15)
None received
Prepared by:Alison Dinmore / T. & H. / (916) 651-4121
5/15/15 13:29:33
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