BILL ANALYSIS                                                                                                                                                                                                    






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: SB 165
          SENATOR ALAN LOWENTHAL, CHAIRMAN               AUTHOR:  lowenthal
                                                         VERSION: 4/14/09
          Analysis by:  Jennifer Gress                   FISCAL:  yes
          Hearing date:  April 28, 2009








          SUBJECT:

          General transportation clean-up

          DESCRIPTION:

          This bill makes several clean-up, clarifying, and  
          non-controversial changes to law.

          ANALYSIS:

          According to the Legislative Analyst, the cost of producing a  
          bill in 2001-02 was $17,890.  By combining multiple matters into  
          one bill, the Legislature can make minor changes to law in a  
          more cost-effective manner than authoring multiple bills to  
          address each provision separately.

           This bill  includes the following provisions.  The sponsor of  
          each provision is noted in brackets.

          Section 1:  Specifies that the sale of surplus properties in the  
          State Highway Route (SR) 84 corridor, as provided by SB 791  
          (Corbett), Chapter 705, Statutes of 2008, applies only to  
          nonresidential properties.  SB 791 allows local governments and  
          the local transportation planning agency in Alameda County to  
          develop and submit to the California Transportation Commission  
          for approval a local alternative transportation improvement  
          program (LATIP) for surplus properties owned by the Department  
          of Transportation (Caltrans) in the SR 84 corridor that is  
          separate from the LATIP for the SR 238 corridor.  The author and  
          the Western Center on Law and Poverty agreed that the SR 84  
          LATIP regarding the sale of excess properties should only apply  
          to "non-residential" properties, but it was too late in the  




          SB 165 (LOWENTHAL)                                        Page 2

                                                                       


          session last year to clarify the bill with an amendment.  The  
          provision in this bill therefore clarifies that the SR 84 LATIP  
          allowed by SB 791 only applies to non-residential properties.   
          [SOURCE:  Office of Senator Corbett]

          Section 2:  Makes a technical change to correct a reference to  
          the High Polluter Repair or Removal Account.  [SOURCE:   
          Department of Consumer Affairs]

          Section 3:   Deletes obsolete language regarding the July 1,  
          2008 operative date for the laws governing the use of wireless  
          communications devices while operating a motor vehicle.   
          [SOURCE:  Office of Senator Simitian]

          Section 4:  Clarifies that the driver of any vehicle approaching  
          an intersection that has an inoperative official traffic control  
          signal must stop, regardless of the reason why the signal has  
          become inoperative.  Existing law states that the requirement to  
          stop applies when a signal becomes inoperative because of  
          battery failure, which implies that the requirement only applies  
          in those situations.  By deleting the reference to battery  
          failure, the bill clarifies that a driver must stop at any  
          intersection that has an inoperative signal, regardless of the  
          reason for its inoperation.  [SOURCE:  Office of Assembly Member  
          Torlakson]

          COMMENTS:

           Purpose  .  The purpose of this bill is to combine multiple,  
          non-controversial changes to statutes into one bill so that the  
          Legislature may make minor amendments in a cost-effective  
          manner.  
          
           POSITIONS:  (Communicated to the Committee before noon on  
                     Wednesday,                              
                      April 22, 2009)

               SUPPORT:  None received.
          
               OPPOSED:  None received.