BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1243
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 1243 (Bonnie Lowenthal)
          As Amended  June 1, 2009
          Majority vote 

           TRANSPORTATION      12-0        APPROPRIATIONS      12-4        
           
           ------------------------------------------------------------------- 
          |Ayes:|Eng, Jeffries,            |Ayes:|De Leon, Ammiano, Charles   |
          |     |Blumenfield,              |     |Calderon, Davis, Fuentes,   |
          |     |Conway, Furutani,         |     |Hall, John A. Perez, Price, |
          |     |Galgiani,                 |     |Skinner, Solorio,           |
          |     |Bonnie Lowenthal, Miller, |     |Torlakson, Krekorian        |
          |     |Niello, John A. Perez,    |     |                            |
          |     |Solorio                   |     |                            |
          |     |                          |     |                            |
          |-----+--------------------------+-----+----------------------------|
          |     |                          |Nays:|Nielsen, Duvall, Harkey,    |
          |     |                          |     |Audra Strickland            |
          |     |                          |     |                            |
           ------------------------------------------------------------------- 
           SUMMARY  :  Creates the South East Los Angeles County Commercial  
          Vehicle Network Development and Advisory Committee (Committee)  
          and prescribes its membership and responsibilities.   
          Specifically,  this bill  :  

          1)Creates the Committee within the Business, Transportation and  
            Housing Agency (BT&H).  

          2)Requires the Committee to be convened on or before April 1,  
            2010.  

          3)Prescribes that the goal of the Committee is to develop a work  
            program focused on addressing commercial vehicle enforcement  
            issues.  

          4)Requires the Committee to report annually, by December 31, to  
            the Governor, BT&H, and the Transportation committees of both  
            house of the Legislature regarding progress made by the  
            Committee.  

          5)Prescribes the membership of the Committee to be three  
            members, appointed by the BT&H Secretary from nominations made  
            by each of the California Highway Patrol (CHP), California  








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            Department of Transportation (Caltrans), and the Gateway  
            Cities Council of Governments (GCCOG).  Members are to serve  
            without compensation.  

          6)Vests the Committee with the responsibility to develop a work  
            program and to coordinate efforts of participating agencies,  
            including consultation with stakeholders.  

          7)Requires the Committee to consider the following specific  
            activities:  

             a)   Evaluate the current commercial vehicle fine structure  
               and the relative distribution of the resulting revenues; 

             b)   Evaluate the potential to standardize fine structure and  
               process;

             c)   Make recommendations as to whether it is desirable to  
               relate the level of fines to the level of damage to  
               infrastructure and the risk of harm to people;

             d)   Review current statutory authority for rerouting  
               vehicles;

             e)   Review role of transponders or other technology devices  
               in relation to registration of commercial vehicles;

             f)   Review weigh-in-motion devices as a legal enforcement  
               tool;

             g)   Review vehicle dimension-in-motion devices as a legal  
               enforcement tool;

             h)   Review automated vehicle identification devices as a  
               legal enforcement tool;

             i)   Review automated driver identification devices as a  
               legal enforcement tool;

             j)   Review automated load identification devices as a legal  
               enforcement tool; 

             aa)Evaluate the siting of truck enforcement facilities in  
               South East Los Angeles County; and,








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             bb)Evaluate the advantages and disadvantages in the  
               development of automated systems for truck enforcement and  
               inspection for South East Los Angeles County.  

          8)Provides that the Committee is required to implement  
            provisions of this bill only to the extent that nonstate funds  
            are available to the Committee for this purpose.  

          9)Sunsets the Committee on January 1, 2012.  
           
           EXISTING LAW  vests broad responsibility for:  

          10)The construction, operation, and maintenance of the state  
            highway system with Caltrans.  

          11)Enforcement of commercial vehicles with CHP.  

           FISCAL EFFECT :  According to the Assembly Appropriations  
          Committee, annual costs, from non-state funds, of around  
          $130,000 for two years assuming the equivalent of one full-time  
          staff position within BT&H to support the work of the committee.

           COMMENTS  :  It is the author's intent with this bill to implement  
          modern truck enforcement facilities to service the large truck  
          volumes that operate in and out of the Southern California  
          ports.  The author explains that, "Because truck enforcement  
          facilities must be sited in local cities, built by Caltrans, and  
          operated by CHP, there are a variety of stakeholders that must  
          work closely together.  This bill will create an advisory  
          committee that will generate consensus and recommendations for  
          addressing the problem."  

          The sponsor of this bill, GCCOG, represents 27 cities in  
          southeast Los Angeles County.  Gateway Cities is the  
          self-proclaimed "epicenter" for goods movement in the United  
          States and, as such, is heavily impacted by both the rail and  
          truck traffic that services the ports.  

          Despite the millions of truck miles traveled in the Gateway  
          Cities region, there are no permanent operating truck inspection  
          facilities on the I-710 freeway or within the area.  In 2008,  
          GCCOG developed a "Gateway Cities ITS Integration Plan for Goods  
          Movement" in an effort to make goods movement more efficient and  








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          to improve transportation mobility, reduce congestion, and  
          improve air quality.  The plan included commercial vehicle  
          enforcement technology strategies as one aspect of the overall  
          strategy.  

          AB 1243 is intended to bring CHP, Caltrans, and GCCOG together  
          to collaborate in development of a commercial vehicle  
          enforcement system.  The Committee would be convened for a  
          two-year period, during which time it is anticipated that any  
          costs incurred by the Committee, such as the cost of developing  
          studies, would be borne by federal, local, or private interests.  
           The Committee sunsets in January 2012.  

          Committee concern:  Is legislation needed?  Forming the  
          Committee legislatively has questionable benefits.  The  
          Administration, with the cooperation of the GCCOG, could form  
          the Committee administratively if it determined it to be of  
          sufficient priority.  If the Administration does not deem it to  
          be a priority, then it is unclear how productive the Committee  
          will actually be.  
           

          Analysis Prepared by  :   Janet Dawson / TRANS. / (916) 319-2093 


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