BILL ANALYSIS                                                                                                                                                                                                    Ó

          |SENATE RULES COMMITTEE            |                        SB 491|
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                                UNFINISHED BUSINESS 

          Bill No:  SB 491
          Author:   Committee on Transportation and Housing  
          Amended:  6/29/15  
          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 FLOOR:  36-0, 5/18/15 (Consent)
           AYES:  Allen, Anderson, Bates, Beall, Block, Cannella, De León,  
            Fuller, Gaines, Galgiani, Hancock, Hernandez, Hertzberg, Hill,  
            Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire,  
            Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen,  
            Nielsen, Pan, Roth, Runner, Stone, Vidak, Wieckowski, Wolk
           NO VOTE RECORDED:  Berryhill, Hall, Pavley

           ASSEMBLY FLOOR:  78-0, 8/27/15 (Consent) - See last page for  

           SUBJECT:   Transportation:  omnibus bill

          SOURCE:    Author

          DIGEST:  This bill makes non-controversial, technical changes to  
          sections of law relating to transportation.


                                                                     SB 491  
                                                                    Page  2

          Assembly Amendments add several technical and non-controversial  
          provisions dealing with transportation issues.


          This bill:

            1)  Removes the requirement for the California Department of  
              Transportation (Caltrans) to report the delivery date of the  
              construction phase of a project as erroneously required by  
              SB 486 (DeSaulnier, Chapter 917, Statutes of 2014).   
              [Submitted by the Senate Transportation and Housing  

            2)  Updates the title for the Federal Statewide Transportation  
              Improvement Program, removes incorrect references to the  
              federal law relating to that program, and provides an  
              additional two months for Caltrans to incorporate federal  
              changes into the State Transportation Improvement Plan.   
              [Submitted by Caltrans]

            3)  Authorizes the Santa Clara Valley Transportation Authority  
              (VTA) to hold public meetings for the purpose of adopting  
              project selection criteria for expenditure of Bay Area Air  
              Quality Management District vehicle registration surcharge  
              funds only if project selection criteria have changes (as  
              opposed to annually whether or not selection criteria have  
              changed as is required in existing law).  [Submitted by VTA]

            4)  Updates the codes by replacing the outdated reference to  
              Business, Transportation and Housing Agency with reference  
              to the newly formed California Transportation Agency.   
              [Submitted by the Senate Transportation and Housing  


                                                                     SB 491  
                                                                    Page  3

            5)  Deletes specified state highway route segment descriptions  
              from the codes for highway segments that have been  
              relinquished by the California Transportation Commission  
              (CTC) to local jurisdictions.  [Submitted by the Office of  
              Assemblymember Ridley-Thomas]

            6)  Changes the word "protected" to "separated" in the code to  
              better describe cycling infrastructure consisting of marked  
              lanes, tracks, shoulders, and paths designated exclusively  
              for bicycle use.  [Submitted by Caltrans]

            7)  Replaces references in the Vehicle Code pertaining to  
              suspensions and revocations of the driving privileges to the  
              repealed Welfare and Institutions Code with the appropriate  
              renumbered sections in the Family Code.  [Submitted by the  
              Department of Motor Vehicles (DMV)]

            8)  Corrects a drafting error in AB 1047 (Linder, Chapter 649,  
              Statutes of 2013), that omitted drivers of buses with a  
              gross vehicle weight rating of 26,000 pounds or less from  
              the requirement to be enrolled in the Employer Pull Notice  
              (EPN) Program by clarifying that any driver's license  
              endorsement issued to operate any commercial motor vehicle  
              requires enrollment in the EPN Program.  [Submitted by the  
              California Highway Patrol (CHP)]

            9)  Makes conforming changes to code sections to correct  
              references to renumbered code sections with regard to DMV's  
              authority to hold administrative hearings for drivers whose  
              privileges are suspended or revoked for driving under the  
              influence.  [Submitted by DMV]

            10) Corrects an oversight in recent legislation that extended  
              the operative date of exemptions to provide proof of  
              financial responsibility as part of the vehicle registration  
              renewal process without concomitantly amending the sunset  
              date.  [Submitted by DMV]


                                                                     SB 491  
                                                                    Page  4

            11) Brings various sections of the California's Motor Carrier  
              Safety Assistance Program codes into compliance with federal  
              mandates.  [Submitted by CHP]

            12) Explicitly prohibits wearing earbuds or headsets covering,  
              resting on, or inserted in both ears when operating a motor  
              vehicle or bicycle.  [Submitted by the Senate Transportation  
              and Housing Committee]

            13) Restores the CTC's authority to relinquish segments of  
              State Routes 92, 185, and 238 to the City of Hayward, if  
              Caltrans and the city reach an agreement.  These provisions  
              are identical to the provisions of prior legislation  
              granting CTC relinquishment authority for these route  
              segments (AB 1386, Hayashi, Chapter 291, Statutes of 2009),  
              which was inadvertently removed by the 2012 Transportation  
              Omnibus Bill, AB 2679 (Committee on Transportation, Chapter  
              769, Statutes of 2012).  [Submitted by Caltrans]

            14) Makes technical corrections to statutory provisions  
              pertaining to prior relinquishments to ensure the statutes  
              accurately reflect the statutory provisions authorizing  
              those relinquishments.  [Submitted by Caltrans]

            15) Delays the Active Transportation Program project selection  
              dates by one month from December 31, 2015, to January 31,  
              2016, to allow the Southern California Association of  
              Governments (SCAG) to first adopt the final regional plan.   
              [Submitted by SCAG]

            16) Makes the Vehicle Code consistent with the principally  
              at-fault accident determinations under the Insurance  
              Regulations (Code of Civil Procedure and Civil Code) by  
              increasing the threshold for reporting an accident with  
              property damage to the DMV from $750 to $1,000. [Submitted  


                                                                     SB 491  
                                                                    Page  5

              by the Office of Senator Hill per SB 438 (Hill, 2015)]


          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, in collaboration with the Assembly  
          Transportation Committee, requires 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:   (Verified8/26/15)

          None received

          OPPOSITION:   (Verified8/26/15)

          None received

          ASSEMBLY FLOOR:  78-0, 8/27/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Beth Gaines, Gallagher, Cristina Garcia,  
            Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,  
            Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,  


                                                                     SB 491  
                                                                    Page  6

            Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Wood, Atkins
          NO VOTE RECORDED:  Frazier, Williams

          Prepared by:Alison Dinmore / T. & H. / (916) 651-4121
          8/28/15 15:32:05

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