BILL ANALYSIS                                                                                                                                                                                                    






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: AB 1243
          SENATOR ALAN LOWENTHAL, CHAIRMAN                       AUTHOR: B.  
          Lowenthal
                                                         VERSION: 6/29/09
          Analysis by: Carrie Cornwell                   FISCAL:  Yes
          Hearing date: July 7, 2009







          SUBJECT:

          Commercial vehicles: Southeast Los Angeles County

          DESCRIPTION:

          This bill establishes, until January 1, 2012, the Strategic Area  
          Freeway Enforcement Task Force to improve enforcement of  
          commercial vehicle laws in and around the ports of Los Angeles  
          and Long Beach.

          ANALYSIS:

          The California Department of Transportation (Caltrans) owns,  
          operates, maintains, and repairs the state highway system,  
          including planning, designing, and constructing commercial  
          vehicle inspection facilities, commonly called weigh stations.  
          The California Highway Patrol (CHP) operates and maintains these  
          facilities.

           This bill  :
          
          1.Establishes the Strategic Area Freeway Enforcement Task Force  
            (task force) within the state's Business, Transportation and  
            Housing Agency (BT&H), which shall convene on or before April  
            2010, to develop a work program that will optimize the  
            effectiveness and efficiencies of the commercial vehicle  
            enforcement network in southeast Los Angeles (LA) County.  

          2.Directs the Secretary of BT&H to appoint the four members of  
            the task force, with one each from nominations provide by the  
            Gateway Cities COG, the Director of Caltrans, the Los Angeles  
            County Metropolitan Transportation Authority, and the  




          AB 1243 (B. LOWENTHAL)                                     Page  
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            Commissioner of the CHP. Committee members shall serve without  
            compensation.

          3.Prohibits the use of state funds for expenses incurred by the  
            task force and states that the task force shall not be  
            required to implement the requirements of the bill unless  
            nonstate funds are made available for that purpose.

          4.Makes the task force responsible for the development of a work  
            program and for coordinating efforts of participating agencies  
            to implement that work program. In addition, the task force is  
            to consult stakeholders including representatives from  
            trucking organizations, labor organizations, businesses  
            engaged in commercial vehicle operations, and the ports.

          5.Directs the task force to consider the follow activities as it  
            develops the work program to improve commercial vehicle  
            enforcement:

                 Evaluate the current commercial vehicle fine structure  
               and the distribution of the resulting revenues.
                 Evaluate the potential to standardize the fine structure  
               and process.
                 Make recommendations as to whether fine levels should  
               relate to the level of infrastructure damage and harm to  
               people.
                 Review the statutory authority for rerouting vehicles.
                 Review the role of transponders and other devices in  
               relation to the registration of commercial vehicles.
                 Review the Weigh-in-Motion, Vehicle Dimension-in-Motion,  
               Automated Vehicle Identification, Automated Driver  
               Identification, and Automated Load Identification devices  
               as legal enforcement tools.
                 Evaluate the siting of truck enforcement facilities in  
               southeast LA County.
                 Evaluate the advantages and disadvantages in the  
               development of automated systems for truck enforcement and  
               inspection for southeast LA County.

          1.Requires the task force to report annually by December 1 each  
            year to the Governor, BT&H, the Assembly Transportation  
            Committee, and the Senate Transportation and Housing Committee  
            on the progress that has been made on the above listed  
            activities. The task force shall provide a summary of its  
            recommendations on these items to each member agency prior to  
            submitting the annual report.




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          2.Sunsets on January 1, 2012. 
          
          COMMENTS:

           1.Purpose  . The Gateway Cities Council of Governments (COG), the  
            sponsor of this bill, represents the 27 cities of Southeast  
            Los Angeles County. Included within the Gateway Cities region  
            is the Port of Long Beach, and the Port of Los Angeles is  
            immediately next door. The Gateway Cities COG notes that this  
            makes the region the "epicenter" for goods movement in the  
            United States. The combined ports of Los Angeles and Long  
            Beach comprise the fifth largest port complex in the world,  
            and the Long Beach Freeway, the 710, is the main northbound  
            corridor for truck traffic coming out of the ports. Currently,  
            between 30,000 and 40,000 truck trips service the ports every  
            day. Some predict that this could ultimately increase to  
            120,000 truck trips a day as the economy improves.  

            Proponents of this bill note that no permanent operating truck  
            inspection facilities exist on the 710 or within the Gateway  
            Cities region. The Gateway Cities COG adopted a set of safety  
            initiatives a few years ago. These included pursuing the  
            development of permanent truck inspection facilities, but upon  
            further review COG members decided that the traditional truck  
            inspection facilities approach will not work, because of the  
            multiple routes trucks can take to move cargo out of the  
            ports. 

            The Gateway Cities COG, working with the CHP and Caltrans, has  
            developed a new approach for a commercial vehicle enforcement  
            network to ensure that truck traffic on the extensive network  
            of freeways near the ports are monitored by a comprehensive  
            network of manned, unmanned, and mobile inspection units that  
            would enforce commercial vehicle regulations. The design,  
            financing, and construction of such a large and complex  
            enforcement network will require close cooperation between  
            many stakeholders, including Caltrans, CHP, the Gateway Cities  
            COG, and the trucking industry. This bill provides for that  
            cooperation.

           2.Nonstate funds  . This bill becomes effective only if nonstate  
            funds pay for its implementation. The Gateway Cities COG and  
            Caltrans indicate that Gateway Cities COG has received funds  
            from the federal government and has other resources available  
            to pay to implement the requirements of this bill.




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           3.Technical amendments  . 

               On page 3, line 21, after "efforts" insert "of the work  
              program"

               Change "Southeast" to "southeast" where it appears  
              throughout the bill
          
          Assembly Votes:
               Floor:    64 - 11
               Appr: 12 - 4
               Trans:    12 - 0

          POSITIONS:  (Communicated to the Committee before noon on  
          Wednesday,
                     July 1, 2009)

               SUPPORT:  Gateway Cities Council of Governments (sponsor)
                         City of Bell
                         City of Lakewood
          
               OPPOSED:  None received.