BILL NUMBER: SB 734 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 27, 2009
AMENDED IN ASSEMBLY JUNE 22, 2009
INTRODUCED BY Senator Lowenthal
FEBRUARY 27, 2009
An act to amend Sections 8879.23, 14530.1,
14530.1 and 14679 of the Government Code, to amend Sections
44011 and 44126 of the Health and Safety Code, to amend
Section 99243 of the Public Utilities Code, and to amend
Sections 4000.1, 9103, 12810.3, 21650, 21800, 22507.8,
22511.7, 22511.8, 34501.2, and 40215 of, and to add
Sections 231.5 and 231.6 to, the Vehicle Code, relating to
transportation.
LEGISLATIVE COUNSEL'S DIGEST
SB 734, as amended, Lowenthal. Transportation.
(1) The Highway Safety, Traffic Reduction, Air Quality, and Port
Security Bond Act of 2006 authorizes the issuance of $19.925 billion
in general obligation bonds for various transportation improvements,
of which $2 billion are to be allocated, upon appropriation by the
Legislature, to cities and counties for specified street and road
improvements. The act requires a city or county to reimburse the
state for funds it receives if it fails to comply with certain
conditions applicable to the expenditure of the bond funds.
This bill would require any interest or other return earned by a
city or county from investment of bond funds received under these
provisions to be expended or reimbursed under the same conditions as
are applicable to the bond funds themselves.
(2) The Mills-Alquist-Deddeh Act requires transit operators to
file an annual report of their operation with the transportation
planning agencies having jurisdiction over them and the Controller
within 90 days after the close of the operator's fiscal year.
This bill would extend the filing deadline from 90 days to 110
days after the close of the operator's fiscal year if the report is
filed electronically.
(3)
(1) Existing law provides that every person riding a
bicycle upon a highway has all the rights applicable to the driver of
a vehicle and is subject to specified provisions in the Vehicle
Code, including the rules of the road and specified equipment
requirements. Existing law also does not prohibit the operation of
bicycles on any shoulder of a highway.
This bill would define a "bicycle path crossing" as either that
portion of a roadway included within the prolongation or connection
of the boundary lines of a bike path, as defined, at intersections
where the intersecting roadways meet at approximately right angles or
as any portion of a roadway distinctly indicated for bicycle
crossing by lines or other markings on the surface, except as
specified.
This bill would also permit the operation of bicycles on any
sidewalk, on any bicycle path within a highway, or along any
crosswalk or bicycle path crossing.
(4)
(2) Existing law requires the Department of
Transportation, in cooperation with the California Transportation
Commission, transportation planning agencies, and county
transportation commissions and local governments, to develop
guidelines for the development of the state transportation
improvement program and the incorporation of projects into that
program.
This bill would delete an obsolete provision of this requirement.
(5)
(3) Existing law makes it unlawful for any person to
park or leave standing any vehicle in a stall or space designated for
disabled persons and disabled veterans, unless the vehicle displays
either a special identification license plate or a distinguishing
placard. A violation of this provision is an infraction. Existing law
requires that a distinctive sign be displayed in the stall or the
space that clearly and conspicuously states specified information,
including, among other things, a "Minimum Fine
$250" and also requires that a person convicted of this provision be
punished according to a schedule of fines for first, 2nd, or 3rd or
more offenses.
This bill would require that the sign display only "Minimum Fine
$250" and would make a conforming, cross-reference change to these
provisions.
(6)
(4) Existing law requires the issuing agency or the
processing agency to mail the results of the initial administrative
review, including a reason for the denial of a cancellation of a
notice of parking violations or delinquent parking violations, to the
person contesting the notice of parking violations or delinquent
parking violations and places a similar notification requirement on
an administrative examiner following an administrative review
hearing.
This bill would require the issuing agency or the processing
agency, following an initial review, to include in the notice to the
person notification of the ability to request an administrative
hearing, and to include the existing required notice of the written
procedure for waiving prepayment of the parking penalty based upon an
inability to pay.
Because this bill would increase the level of service of a city or
county processing agency and because a violation of these provisions
would be a crime under an existing provision of law, this bill would
impose a state-mandated local program.
(7)
(5) Under existing law, the Department of Motor
Vehicles is required to obtain the submission of a valid smog check
certificate of compliance or noncompliance, as appropriate, upon the
initial registration, or upon the transfer of ownership and
registration of specified motor vehicles. Existing law exempts the
transfer of a motor vehicle that is 4 or less model-years old from
this requirement.
This bill would provide the above exemption does not apply to
diesel-powered vehicles.
(8)
(6) Existing law creates the High Polluter Repair or
Removal Account in the Vehicle Inspection and Repair Fund and creates
the Enhanced Fleet Modernization Subaccount in the High Polluter
Removal and Repair Account.
This bill would correct the name of that account to refer to the
High Polluter Repair or Removal Account.
(7) Existing law exempts certain vehicles owned by the United
States, any state or its political subdivision, or any municipality
in this state from fees specified in the Vehicle Code, except for
fees for duplicate plates, certificates, or cards.
This bill would exempt vehicles owned by a public entity formed by
a regional transportation authority as a nonprofit public benefit
corporation, designated as a consolidated transportation services
agency, and charged with administering a countywide coordinated
paratransit plan, from registration fees, except fees for duplicate
plates, certificates, or cards.
(8) Existing law exempts a driver employed by an electrical
corporation, a gas corporation, a telephone corporation, a water
corporation, or a public water district from hours-of-service
regulations while operating a public utility or public water district
vehicle during the emergency restoration of service.
This bill would instead exempt those drivers from all
hours-of-service regulations while operating a public utility or
public water district vehicle.
(9) The bill would make technical, nonsubstantive changes to the
Health and Safety Code and the Vehicle Code.
(10) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8879.23 of the Government
Code is amended to read:
8879.23. The Highway Safety, Traffic Reduction, Air Quality, and
Port Security Fund of 2006 is hereby created in the State Treasury.
The Legislature intends that the proceeds of bonds deposited in the
fund shall be used to fund the mobility, safety, and air quality
improvements described in this article over the course of the next
decade. The proceeds of bonds issued and sold pursuant to this
chapter for the purposes specified in this chapter shall be allocated
in the following manner:
(a) (1) Four billion five hundred million dollars ($4,500,000,000)
shall be deposited in the Corridor Mobility Improvement Account,
which is hereby created in the fund. Funds in the account shall be
available to the California Transportation Commission, upon
appropriation in the annual Budget Bill by the Legislature, for
allocation for performance improvements on highly congested travel
corridors in California. Funds in the account shall be used for
performance improvements on the state highway system, or major access
routes to the state highway system on the local road system that
relieve congestion by expanding capacity, enhancing operations, or
otherwise improving travel times within these high-congestion travel
corridors, as identified by the department and regional or local
transportation agencies, pursuant to the process in paragraph (3) or
(4), as applicable.
(2) The commission shall develop and adopt guidelines, by December
1, 2006, including regional programming targets, for the program
funded by this subdivision, and shall allocate funds from the account
to projects after reviewing project nominations submitted by the
Department of Transportation and by regional transportation planning
agencies or county transportation commissions or authorities pursuant
to paragraph (4).
(3) Subject to the guidelines adopted pursuant to paragraph (2),
the department shall nominate, by no later than January 15, 2007,
projects for the allocation of funds from the account on a statewide
basis. The department's nominations shall be geographically balanced
and shall reflect the department's assessment of a program that best
meets the policy objectives described in paragraph (1).
(4) Subject to the guidelines adopted pursuant to paragraph (2), a
regional transportation planning agency or county transportation
commission or authority responsible for preparing a regional
transportation improvement plan under Section 14527 may nominate
projects identified pursuant to paragraph (1) that best meet the
policy objectives described in that paragraph for funding from the
account. Projects nominated pursuant to this paragraph shall be
submitted to the commission for consideration for funding by no later
than January 15, 2007.
(5) All nominations to the California Transportation Commission
shall be accompanied by documentation regarding the quantitative and
qualitative measures validating each project's consistency with the
policy objectives described in paragraph (1). All projects nominated
to the commission for funds from this account shall be included in a
regional transportation plan.
(6) After review of the project nominations, and supporting
documentation, the commission, by no later than March 1, 2007, shall
adopt an initial program of projects to be funded from the account.
This program may be updated every two years in conjunction with the
biennial process for adoption of the state transportation improvement
program pursuant to guidelines adopted by the commission. The
inclusion of a project in the program shall be based on a
demonstration that the project meets all of the following criteria:
(A) Is a high-priority project in the corridor as demonstrated by
either of the following: (i) its inclusion in the list of nominated
projects by both the department pursuant to paragraph (3) and the
regional transportation planning agency or county transportation
commission or authority, pursuant to paragraph (4); or (ii) if needed
to fully fund the project, the identification and commitment of
supplemental funding to the project from other state, local, or
federal funds.
(B) Can commence construction or implementation no later than
December 31, 2012.
(C) Improves mobility in a high-congestion corridor by improving
travel times or reducing the number of daily vehicle hours of delay,
improves the connectivity of the state highway system between rural,
suburban, and urban areas, or improves the operation or safety of a
highway or road segment.
(D) Improves access to jobs, housing, markets, and commerce.
(7) Where competing projects offer similar mobility improvements
to a specific corridor, the commission shall consider additional
benefits when determining which project shall be included in the
program for funding. These benefits shall include, but are not
limited to, the following:
(A) A finding that the project provides quantifiable air quality
benefits.
(B) A finding that the project substantially increases the safety
for travelers in the corridor.
(8) In adopting a program for funding pursuant to this
subdivision, the commission shall make a finding that the program is
(i) geographically balanced, consistent with the geographic split for
funding described in Section 188 of the Streets and Highways Code;
(ii) provides mobility improvements in highly traveled or highly
congested corridors in all regions of California; and (iii) targets
bond proceeds in a manner that provides the increment of funding
necessary, when combined with other state, local, or federal funds,
to provide the mobility benefit in the earliest possible timeframe.
(9) The commission shall include in its annual report to the
Legislature, required by Section 14535, a summary of its activities
related to the administration of this program. The summary should, at
a minimum, include a description and the location of the projects
contained in the program, the amount of funds allocated to each
project, the status of each project, and a description of the
mobility improvements the program is achieving.
(b) One billion dollars ($1,000,000,000) shall be made available,
upon appropriation in the annual Budget Bill by the Legislature, to
the department for improvements to State Route 99. Funds may be used
for safety, operational enhancements, rehabilitation, or capacity
improvements necessary to improve the State Route 99 corridor
traversing approximately 400 miles of the central valley of this
state.
(c) Three billion one hundred million dollars ($3,100,000,000)
shall be deposited in the California Ports Infrastructure, Security,
and Air Quality Improvement Account, which is hereby created in the
fund. The money in the account shall be available, upon appropriation
by the Legislature and subject to such conditions and criteria as
the Legislature may provide by statute, as follows:
(1) (A) Two billion dollars ($2,000,000,000) shall be transferred
to the Trade Corridors Improvement Fund, which is hereby created. The
money in this fund shall be available, upon appropriation in the
annual Budget Bill by the Legislature and subject to such conditions
and criteria as the Legislature may provide by statute, for
allocation by the California Transportation Commission for
infrastructure improvements along federally designated "Trade
Corridors of National Significance" in this state or along other
corridors within this state that have a high volume of freight
movement, as determined by the commission. In determining projects
eligible for funding, the commission shall consult the trade
infrastructure and goods movement plan submitted to the commission by
the Secretary of Business, Transportation and Housing and the
Secretary for Environmental Protection. No moneys shall be allocated
from this fund until the report is submitted to the commission for
its consideration, provided the report is submitted no later than
January 1, 2007. The commission shall also consult trade
infrastructure and goods movement plans adopted by regional
transportation planning agencies, adopted regional transportation
plans required by state and federal law, and the statewide port
master plan prepared by the California Marine and Intermodal
Transportation System Advisory Council (Cal-MITSAC) pursuant to
Section 1760 of the Harbors and Navigation Code, when determining
eligible projects for funding. Eligible projects for these funds
include, but are not limited to, all of the following:
(i) Highway capacity improvements and operational improvements to
more efficiently accommodate the movement of freight, particularly
for ingress and egress to and from the state's seaports, including
navigable inland waterways used to transport freight between
seaports, land ports of entry, and airports, and to relieve traffic
congestion along major trade or goods movement corridors.
(ii) Freight rail system improvements to enhance the ability to
move goods from seaports, land ports of entry, and airports to
warehousing and distribution centers throughout California, including
projects that separate rail lines from highway or local road
traffic, improve freight rail mobility through mountainous regions,
relocate rail switching yards, and other projects that improve the
efficiency and capacity of the rail freight system.
(iii) Projects to enhance the capacity and efficiency of ports.
(iv) Truck corridor improvements, including dedicated truck
facilities or truck toll facilities.
(v) Border access improvements that enhance goods movement between
California and Mexico and that maximize the state's ability to
access coordinated border infrastructure funds made available to the
state by federal law.
(vi) Surface transportation improvements to facilitate the
movement of goods to and from the state's airports.
(B) The commission shall allocate funds for trade infrastructure
improvements from the account in a manner that (i) addresses the
state's most urgent needs, (ii) balances the demands of various ports
(between large and small ports, as well as between seaports,
airports, and land ports of entry), (iii) provides reasonable
geographic balance between the state's regions, and (iv) places
emphasis on projects that improve trade corridor mobility while
reducing emissions of diesel particulate and other pollutant
emissions. In addition, the commission shall also consider the
following factors when allocating these funds:
(i) "Velocity," which means the speed by which large cargo would
travel from the port through the distribution system.
(ii) "Throughput," which means the volume of cargo that would move
from the port through the distribution system.
(iii) "Reliability," which means a reasonably consistent and
predictable amount of time for cargo to travel from one point to
another on any given day or at any given time in California.
(iv) "Congestion reduction," which means the reduction in
recurrent daily hours of delay to be achieved.
(C) The commission shall allocate funds made available by this
paragraph to projects that have identified and committed supplemental
funding from appropriate local, federal, or private sources. The
commission shall determine the appropriate amount of supplemental
funding each project should have to be eligible for moneys from this
fund based on a project-by-project review and an assessment of the
project's benefit to the state and the program. Except for border
access improvements described in clause (v) of subparagraph (A),
improvements funded with moneys from this fund shall have
supplemental funding that is at least equal to the amount of the
contribution from the fund. The commission may give priority for
funding to projects with higher levels of committed supplemental
funding.
(D) The commission shall include in its annual report to the
Legislature, required by Section 14535, a summary of its activities
related to the administration of this program. The summary should, at
a minimum, include a description and the location of the projects
contained in the program, the amount of funds allocated to each
project, the status of each project, and a description of the
mobility and air quality improvements the program is achieving.
(2) One billion dollars ($1,000,000,000) shall be made available,
upon appropriation by the Legislature and subject to such conditions
and criteria contained in a statute enacted by the Legislature, to
the State Air Resources Board for emission reductions, not otherwise
required by law or regulation, from activities related to the
movement of freight along California's trade corridors. Funds made
available by this paragraph are intended to supplement existing funds
used to finance strategies and public benefit projects that reduce
emissions and improve air quality in trade corridors commencing at
the state's airports, seaports, and land ports of entry.
(3) One hundred million dollars ($100,000,000) shall be available,
upon appropriation by the Legislature, to the Office of Emergency
Services to be allocated, as grants, for port, harbor, and ferry
terminal security improvements. Eligible applicants shall be publicly
owned ports, harbors, and ferryboat and ferry terminal operators,
which may submit applications for projects that include, but are not
limited to, the following:
(A) Video surveillance equipment.
(B) Explosives detection technology, including, but not limited
to, X-ray devices.
(C) Cargo scanners.
(D) Radiation monitors.
(E) Thermal protective equipment.
(F) Site identification instruments capable of providing a
fingerprint for a broad inventory of chemical agents.
(G) Other devices capable of detecting weapons of mass destruction
using chemical, biological, or other similar substances.
(H) Other security equipment to assist in any of the following:
(i) Screening of incoming vessels, trucks, and incoming or
outbound cargo.
(ii) Monitoring the physical perimeters of harbors, ports, and
ferry terminals.
(iii) Providing or augmenting onsite emergency response
capability.
(I) Overweight cargo detection equipment, including, but not
limited to, intermodal crane scales and truck weight scales.
(J) Developing disaster preparedness or emergency response plans.
The Office of Emergency Services shall report to the Legislature
on March 1 of each year on the manner in which the funds available
pursuant to this paragraph were expended for that fiscal year.
(d) Two hundred million dollars ($200,000,000) shall be available,
upon appropriation by the Legislature, for schoolbus retrofit and
replacement to reduce air pollution and to reduce children's exposure
to diesel exhaust.
(e) Two billion dollars ($2,000,000,000) shall be available for
projects in the state transportation improvement program, to augment
funds otherwise available for this purpose from other sources. The
funds provided by this subdivision shall be deposited in the
Transportation Facilities Account which is hereby created in the
fund, and shall be available, upon appropriation by the Legislature,
to the Department of Transportation, as allocated by the California
Transportation Commission in the same manner as funds allocated for
those projects under existing law.
(f) (1) Four billion dollars ($4,000,000,000) shall be deposited
in the Public Transportation Modernization, Improvement, and Service
Enhancement Account, which is hereby created in the fund. Funds in
the account shall be made available, upon appropriation by the
Legislature, to the Department of Transportation for intercity rail
projects and to commuter or urban rail operators, bus operators,
waterborne transit operators, and other transit operators in
California for rehabilitation, safety or modernization improvements,
capital service enhancements or expansions, new capital projects, bus
rapid transit improvements, or for rolling stock procurement,
rehabilitation, or replacement.
(2) Of the funds made available in paragraph (1), four hundred
million dollars ($400,000,000) shall be available, upon appropriation
by the Legislature, to the department for intercity rail
improvements, of which one hundred twenty-five million dollars
($125,000,000) shall be used for the procurement of additional
intercity railcars and locomotives.
(3) Of the funds remaining after the allocations in paragraph (2),
50 percent shall be distributed to the Controller, for allocation to
eligible agencies using the formula in Section 99314 of the Public
Utilities Code, and 50 percent shall be distributed to the
Controller, for allocation to eligible agencies using the formula in
Section 99313 of the Public Utilities Code, subject to the provisions
governing funds allocated under those sections.
(g) One billion dollars ($1,000,000,000) shall be deposited in the
State-Local Partnership Program Account, which is hereby created in
the fund. The funds shall be available, upon appropriation by the
Legislature and subject to such conditions and criteria as the
Legislature may provide by statute, for allocation by the California
Transportation Commission over a five-year period to eligible
transportation projects nominated by an applicant transportation
agency. A dollar-for-dollar match of local funds shall be required
for an applicant transportation agency to receive state funds under
this program.
(h) One billion dollars ($1,000,000,000) shall be deposited in the
Transit System Safety, Security, and Disaster Response Account,
which is hereby created in the fund. Funds in the account shall be
made available, upon appropriation by the Legislature and subject to
such conditions and criteria as the Legislature may provide by
statute, for capital projects that provide increased protection
against a security and safety threat, and for capital expenditures to
increase the capacity of transit operators, including waterborne
transit operators, to develop disaster response transportation
systems that can move people, goods, and emergency personnel and
equipment in the aftermath of a disaster impairing the mobility of
goods, people, and equipment.
(i) One hundred twenty-five million dollars ($125,000,000) shall
be deposited in the Local Bridge Seismic Retrofit Account, which is
hereby created in the fund. The funds in the account shall be used,
upon appropriation by the Legislature, to provide the 11.5 percent
required match for federal Highway Bridge Replacement and Repair
funds available to the state for seismic work on local bridges,
ramps, and overpasses, as identified by the Department of
Transportation.
(j) (1) Two hundred fifty million dollars ($250,000,000) shall be
deposited in the Highway-Railroad Crossing Safety Account, which is
hereby created in the fund. Funds in the account shall be available,
upon appropriation by the Legislature, to the Department of
Transportation for the completion of high-priority grade separation
and railroad crossing safety improvements. Funds in the account shall
be made available for allocation pursuant to the process established
in Chapter 10 (commencing with Section 2450) of Division 3 of the
Streets and Highways Code, except that a dollar-for-dollar match of
nonstate funds shall be provided for each project, and the limitation
on maximum project cost in subdivision (g) of Section 2454 of the
Streets and Highways Code shall not be applicable to projects funded
with these funds.
(2) Notwithstanding the funding allocation process described in
paragraph (1), in consultation with the department and the Public
Utilities Commission, the California Transportation Commission shall
allocate one hundred million dollars ($100,000,000) of the funds in
the account to high-priority railroad crossing improvements,
including grade separation projects, that are not part of the process
established in Chapter 10 (commencing with Section 2450) of Division
3 of the Streets and Highways Code. The allocation of funds under
this paragraph shall be made in consultation and coordination with
the High-Speed Rail Authority created pursuant to Division 19.5
(commencing with Section 185000) of the Public Utilities Code.
(k) (1) Seven hundred fifty million dollars ($750,000,000) shall
be deposited in the Highway Safety, Rehabilitation, and Preservation
Account, which is hereby created in the fund. Funds in the account
shall be available, upon appropriation by the Legislature, to the
Department of Transportation, as allocated by the California
Transportation Commission, for the purposes of the state highway
operation and protection program as described in Section 14526.5.
(2) The department shall develop a program for distribution of two
hundred and fifty million dollars ($250,000,000) from the funds
identified in paragraph (1) to fund traffic light synchronization
projects or other technology-based improvements to improve safety,
operations, and the effective capacity of local streets and roads.
(l) (1) Two billion dollars ($2,000,000,000) shall be deposited in
the Local Streets and Road Improvement, Congestion Relief, and
Traffic Safety Account of 2006, which is hereby created in the fund.
The proceeds of bonds deposited into that account shall be available,
upon appropriation by the Legislature, for the purposes specified in
this subdivision to the Controller for administration and allocation
in the fiscal year in which the bonds are issued and sold, including
any interest or other return earned on the investment of those
moneys, in the following manner:
(A) Fifty percent to the counties, including a city and county, in
accordance with the following formulas:
(i) Seventy-five percent of the funds payable under this
subparagraph shall be apportioned among the counties in the
proportion that the number of fee-paid and exempt vehicles that are
registered in the county bears to the number of fee-paid and exempt
vehicles registered in the state
(ii) Twenty-five percent of the funds payable under this
subparagraph shall be apportioned among the counties in the
proportion that the number of miles of maintained county roads in
each county bears to the total number of miles of maintained county
roads in the state. For the purposes of apportioning funds under this
clause, any roads within the boundaries of a city and county that
are not state highways shall be deemed to be county roads.
(B) Fifty percent to the cities, including a city and county,
apportioned among the cities in the proportion that the total
population of the city bears to the total population of all the
cities in the state, provided, however, that the Controller shall
allocate a minimum of four hundred thousand dollars ($400,000) to
each city, pursuant to this subparagraph.
(2) Funds received under this subdivision shall be deposited as
follows in order to avoid the commingling of those funds with other
local funds:
(A) In the case of a city, into the city account that is
designated for the receipt of state funds allocated for local streets
and roads.
(B) In the case of an eligible county, into the county road fund.
(C) In the case of a city and county, into a local account that is
designated for the receipt of state funds allocated for local
streets and roads.
(3) For the purpose of allocating funds under this
subdivision to cities and a city and county, the Controller shall use
the most recent population estimates prepared by the Demographic
Research Unit of the Department of Finance. For a city that
incorporated after January 1, 1998, that does not appear on the most
recent population estimates prepared by the Demographic Research
Unit, the Controller shall use the population determined for that
city under Section 11005.3 of the Revenue and Taxation Code.
(4) Funds apportioned to a city, county, or city and county under
this subdivision shall be used for improvements to transportation
facilities that will assist in reducing local traffic congestion and
further deterioration, improving traffic flows, or increasing traffic
safety that may include, but not be limited to, street and highway
pavement maintenance, rehabilitation, installation, construction and
reconstruction of necessary associated facilities such as drainage
and traffic control devices, or the maintenance, rehabilitation,
installation, construction and reconstruction of facilities that
expand ridership on transit systems, safety projects to reduce
fatalities, or as a local match to obtain state or federal
transportation funds for similar purposes.
(5) At the conclusion of each fiscal year during which a city or
county expends the funds it has received under this subdivision,
including any interest or other return earned on the investment of
these funds, the Controller may verify the city's or county's
compliance with paragraph (4). Any city or county that has not
complied with paragraph (4) shall reimburse the state for the funds
it received during that fiscal year, including any interest or other
return earned on the investment of these funds. Any funds withheld or
returned as a result of a failure to comply with paragraph (4) shall
be reallocated to the other counties and cities whose expenditures
are in compliance.
SEC. 2. SECTION 1. Section 14530.1
of the Government Code is amended to read:
14530.1. (a) The department, in cooperation with the commission,
transportation planning agencies, and county transportation
commissions and local governments, shall develop guidelines for the
development of the state transportation improvement program and the
incorporation of projects into the state transportation improvement
program.
(b) The guidelines shall include, but not be limited to, all of
the following:
(1) Standards for project deliverability.
(2) Standards for identifying projects and project components.
(3) Standards for cost estimating.
(4) Programming methods for increases and schedule changes.
(5) Objective criteria for measuring system performance and
cost-effectiveness of candidate projects.
(c) The guidelines shall be the complete and full statement of the
policy, standards, and criteria that the commission intends to use
in selecting projects to be included in the state transportation
improvement program.
(d) The commission may amend the adopted guidelines after
conducting at least one public hearing. The commission shall make a
reasonable effort to adopt the amended guidelines prior to its
adoption of the fund estimate pursuant to Section 14525. In no event
shall the adopted guidelines be amended, or otherwise revised,
modified, or altered during the period commencing 30 days after the
adoption of the fund estimate pursuant to Section 14525 and before
the adoption of the state transportation improvement program pursuant
to Section 14529.
SEC. 3. SEC. 2. Section 14679 of the
Government Code is amended to read:
14679. (a) A parking facility under the jurisdiction or control
of a state agency, that is available to private persons who desire to
conduct business with the state agency, shall reserve for the
exclusive use of any vehicle that displays either a special
identification license plate issued pursuant to Section 5007 of
the Vehicle Code or a distinguishing placard issued pursuant to
Section 22511.55 or 22511.59 of the Vehicle Code a
minimum of one parking space for up to 25 spaces, and additional
parking spaces pursuant to Section 1129B of Part 2 of Title 24 of the
California Code of Regulations.
(1) (A) The space or spaces shall be reserved by posting
immediately adjacent to and visible from such space or spaces a sign
consisting of a profile view of a wheelchair with occupant in white
on a blue background.
(B) The sign shall also clearly and conspicuously state the
following: "Minimum Fine $250." This subparagraph applies only to
signs for parking spaces constructed on or after July 1, 2008, and
signs that are replaced on or after July 1, 2008, or as the State
Architect deems necessary when renovations, structural repair,
alterations, and additions occur to existing buildings and facilities
on or after July 1, 2008.
(2) The loading and unloading area of the pavement adjacent to a
parking stall or space designated for disabled persons or disabled
veterans shall be marked by a border and hatched lines. The border
shall be painted blue and the hatched lines shall be painted a
suitable contrasting color to the parking space. Blue or white paint
is preferred. In addition, within the border the words "No Parking"
shall be painted in white letters no less than 12 inches high. This
paragraph applies only to parking spaces constructed on or after July
1, 2008, and painting that is done on or after July 1, 2008, or as
the State Architect deems necessary when renovations, structural
repair, alterations, and additions occur to existing buildings and
facilities on or after July 1, 2008.
(b) If no parking facility under the jurisdiction and control of a
state agency is available to private persons who desire to conduct
business with the state agency, the state agency shall request the
local authority having jurisdiction over streets immediately adjacent
to the property of the state agency to provide parking spaces for
the use of disabled persons and disabled veterans pursuant to Section
22511.7 of the Vehicle Code.
(c) The Department of General Services under the Division of the
State Architect shall develop pursuant to Section 4450, as
appropriate, conforming regulations to ensure compliance with
subparagraph (B) of paragraph (1) of subdivision (a) and paragraph
(2) of subdivision (a). Initial regulations to implement these
provisions shall be adopted as emergency regulations. The adoption of
these regulations shall be considered by the Department of General
Services to be an emergency necessary for the immediate preservation
of the public peace, health and safety, or general welfare.
SEC. 4. SEC. 3. Section 44011 of the
Health and Safety Code, as added by Section 3 of Chapter 739 of the
Statutes of 2007, is amended to read:
44011. (a) All motor vehicles powered by internal combustion
engines that are registered within an area designated for program
coverage shall be required biennially to obtain a certificate of
compliance or noncompliance, except for the following:
(1) All motorcycles until the department, pursuant to Section
44012, implements test procedures applicable to motorcycles.
(2) All motor vehicles that have been issued a certificate of
compliance or noncompliance or a repair cost waiver upon a change of
ownership or initial registration in this state during the preceding
six months.
(3) All motor vehicles manufactured prior to the 1976 model-year.
(4) (A) Except as provided in subparagraph (B), all motor vehicles
four or less model-years old.
(B) Beginning January 1, 2005, all motor vehicles six or less
model-years old, unless the state board finds that providing an
exception for these vehicles will prohibit the state from meeting the
requirements of Section 176(c) of the federal Clean Air Act (42
U.S.C. Sec. 7401 et seq.) or the state's commitments with respect to
the state implementation plan required by the federal Clean Air Act.
(C) All motor vehicles excepted by this paragraph shall be subject
to testing and to certification requirements as determined by the
department, if any of the following apply:
(i) The department determines through remote sensing activities or
other means that there is a substantial probability that the vehicle
has a tampered emission control system or would fail for other cause
a smog check test as specified in Section 44012.
(ii) The vehicle was previously registered outside this state and
is undergoing initial registration in this state.
(iii) The vehicle is being registered as a specially constructed
vehicle.
(iv) The vehicle has been selected for testing pursuant to Section
44014.7 or any other provision of this chapter authorizing
out-of-cycle testing.
(D) This paragraph does not apply to diesel-powered vehicles.
(5) In addition to the vehicles exempted pursuant to paragraph
(4), any motor vehicle or class of motor vehicles exempted pursuant
to subdivision (b) of Section 44024.5. It is the intent of the
Legislature that the department, pursuant to the authority granted by
this paragraph, exempt at least 15 percent of the lowest emitting
motor vehicles from the biennial smog check inspection.
(6) All motor vehicles that the department determines would
present prohibitive inspection or repair problems.
(7) Any vehicle registered to the owner of a fleet licensed
pursuant to Section 44020 if the vehicle is garaged exclusively
outside the area included in program coverage, and is not primarily
operated inside the area included in program coverage.
(8) (A) All diesel-powered vehicles manufactured prior to the 1998
model-year.
(B) All diesel-powered vehicles that have a gross vehicle weight
rating of 8,501 to 10,000 pounds, inclusive, until the department, in
consultation with the state board, pursuant to Section 44012,
implements test procedures applicable to these vehicles.
(C) All diesel-powered vehicles that have a gross vehicle weight
rating from 10,001 pounds to 14,000 pounds, inclusive, until the
state board and the Department of Motor Vehicles determine the best
method for identifying these vehicles, and until the department, in
consultation with the state board, pursuant to Section 44012,
implements test procedures applicable to these vehicles.
(D) All diesel-powered vehicles that have a gross vehicle weight
rating of 14,001 pounds or greater.
(b) Vehicles designated for program coverage in enhanced areas
shall be required to obtain inspections from appropriate smog check
stations operating in enhanced areas.
(c) For purposes of subdivision (a), a collector motor vehicle, as
defined in Section 259 of the Vehicle Code, is exempt from those
portions of the test required by subdivision (f) of Section 44012 if
the collector motor vehicle meets all of the following criteria:
(1) Submission of proof that the motor vehicle is insured as a
collector motor vehicle, as shall be required by regulation of the
bureau.
(2) The motor vehicle is at least 35 model-years old.
(3) The motor vehicle complies with the exhaust emissions
standards for that motor vehicle's class and model-year as prescribed
by the department, and the motor vehicle passes a functional
inspection of the fuel cap and a visual inspection for liquid fuel
leaks.
(d) This section shall become operative on January 1, 2010.
SEC. 5. SEC. 4. Section 44126 of the
Health and Safety Code is amended to read:
44126. The Enhanced Fleet Modernization Subaccount is hereby
created in the High Polluter Repair or Removal Account. All moneys
deposited in the subaccount shall be available to the department and
the BAR, upon appropriation by the Legislature, to establish and
implement the program created pursuant to this article.
SEC. 6. Section 99243 of the Public Utilities
Code is amended to read:
99243. (a) The Controller, in cooperation with the department and
the operators, shall design and adopt a uniform system of accounts
and records, from which the operators shall prepare and submit annual
reports of their operation to the transportation planning agencies
having jurisdiction over them and to the Controller within 90 days of
the end of the fiscal year. If the report is filed in electronic
format as prescribed by the Controller, the report shall be furnished
within 110 days after the close of each fiscal year. The report
shall specify (1) the amount of revenue generated from each source
and its application for the prior fiscal year, and (2) the data
necessary to determine which section, with respect to Sections
99268.1, 99268.2, 99268.3, 99268.4, 99268.5, and 99268.9, the
operator is required to be in compliance with in order to be eligible
for funds under this article.
(b) As a supplement to the annual report prepared pursuant to
subdivision (a), each operator shall include an estimate of the
amount of revenues to be generated from each source and its proposed
application for the next fiscal year, and a report on the extent to
which it has contracted with the Prison Industry Authority, including
the nature and dollar amounts of all contracts entered into during
the reporting period and proposed for the next reporting period.
(c) The Controller shall instruct the county auditor to withhold
payments from the fund to any operator that has not submitted its
annual report to the Controller within the time specified by
subdivision (a).
(d) In establishing the uniform system of accounts and records,
the Controller shall include the data required by the United States
Department of Transportation and the department.
(e) Notwithstanding any other law or any regulation, including any
California Code of Regulations provision, the City of South Lake
Tahoe and the City of Huntington Beach may select, for purposes of
this chapter, on a one-time basis, a fiscal year that does not end on
June 30. After the city has sent a written notice to the Secretary
of the Business, Transportation and Housing Agency and the Controller
that the city has selected a fiscal year other than one ending on
June 30, the fiscal year selected by the city shall be its fiscal
year for all reports required by the state under this chapter.
SEC. 7. SEC. 5. Section 231.5 is
added to the Vehicle Code, to read:
231.5. A "bicycle path" or "bike path" is a Class I bikeway, as
defined in subdivision (a) of Section 890.4 of the Streets and
Highways Code.
SEC. 8. SEC. 6. Section 231.6 is
added to the Vehicle Code, to read:
231.6. (a) A "bicycle path crossing" is either of the following:
(1) That portion of a roadway included within the prolongation or
connection of the boundary lines of a bike path at intersections
where the intersecting roadways meet at approximately right angles.
(2) Any portion of a roadway distinctly indicated for bicycle
crossing by lines or other markings on the surface.
(b) Notwithstanding subdivision (a), there shall not be a bicycle
path crossing where local authorities have placed signs indicating no
crossing.
SEC. 9. SEC. 7. Section 4000.1 of
the Vehicle Code is amended to read:
4000.1. (a) Except as otherwise provided in subdivision (b), (c),
or (d) of this section, or subdivision (b) of Section 43654 of the
Health and Safety Code, the department shall require upon initial
registration, and upon transfer of ownership and registration, of any
motor vehicle subject to Part 5 (commencing with Section 43000) of
Division 26 of the Health and Safety Code, a valid certificate of
compliance or a certificate of noncompliance, as appropriate, issued
in accordance with Section 44015 of the Health and Safety Code.
(b) With respect to new motor vehicles certified pursuant to
Chapter 2 (commencing with Section 43100) of Part 5 of Division 26 of
the Health and Safety Code, the department shall accept a statement
completed pursuant to subdivision (b) of Section 24007 in lieu of the
certificate of compliance.
(c) For purposes of determining the validity of a certificate of
compliance or noncompliance submitted in compliance with the
requirements of this section, the definitions of new and used motor
vehicle contained in Chapter 2 (commencing with Section 39010) of
Part 1 of Division 26 of the Health and Safety Code shall control.
(d) Subdivision (a) does not apply to a transfer of ownership and
registration under any of the following circumstances:
(1) The initial application for transfer is submitted within the
90-day validity period of a smog certificate as specified in Section
44015 of the Health and Safety Code.
(2) The transferor is the parent, grandparent, sibling, child,
grandchild, or spouse of the transferee.
(3) A motor vehicle registered to a sole proprietorship is
transferred to the proprietor as owner.
(4) The transfer is between companies the principal business of
which is leasing motor vehicles, if there is no change in the lessee
or operator of the motor vehicle or between the lessor and the person
who has been, for at least one year, the lessee's operator of the
motor vehicle.
(5) The transfer is between the lessor and lessee of the motor
vehicle, if there is no change in the lessee or operator of the motor
vehicle.
(6) The motor vehicle was manufactured prior to the 1976
model-year.
(7) Except for diesel-powered vehicles, the transfer is for a
motor vehicle that is four or less model-years old. The department
shall impose a fee of eight dollars ($8) on the transferee of a motor
vehicle that is four or less model-years old. Revenues generated
from the imposition of that fee shall be deposited into the Vehicle
Inspection and Repair Fund.
(e) The State Air Resources Board, under Part 5 (commencing with
Section 43000) of Division 26 of the Health and Safety Code, may
exempt designated classifications of motor vehicles from subdivision
(a) as it deems necessary, and shall notify the department of that
action.
(f) Subdivision (a) does not apply to a motor vehicle when an
additional individual is added as a registered owner of the motor
vehicle.
(g) For purposes of subdivision (a), any collector motor vehicle,
as defined in Section 259, is exempt from those portions of the test
required by subdivision (f) of Section 44012 of the Health and Safety
Code, if the collector motor vehicle meets all of the following
criteria:
(1) Submission of proof that the motor vehicle is insured as a
collector motor vehicle, as shall be required by regulation of the
bureau.
(2) The motor vehicle is at least 35 model-years old.
(3) The motor vehicle complies with the exhaust emissions
standards for that motor vehicle's class and model year as prescribed
by the department, and the motor vehicle passes a functional
inspection of the fuel cap and a visual inspection for liquid fuel
leaks.
SEC. 8. Section 9103 of the Vehicle
Code is amended to read:
9103. No fees (a)
Fees specified in this code, except fees for duplicate plates,
certificates, or cards need , are not
required to be paid for any vehicle of a type subject to
registration under this code owned by the United States or by any
state or political subdivision thereof of a
state or by any municipality duly organized under the
California Constitution or laws of this state.
(b) The registration fees specified in this code, except fees for
duplicate plates, certificates, or cards, are not required to be paid
for any vehicle owned by a public entity described in subdivision
(f) of Section 15975 of the Government Code.
SEC. 10. SEC. 9. Section 12810.3 of
the Vehicle Code is amended to read:
12810.3. Notwithstanding subdivision (f) of Section 12810, a
violation point shall not be given for a conviction of a violation of
subdivision (a) of Section 23123, subdivision (a) of Section
23123.5, or subdivision (b) of Section 23124.
SEC. 11. SEC. 10. Section 21650 of
the Vehicle Code is amended to read:
21650. Upon all highways, a vehicle shall be driven upon the
right half of the roadway, except as follows:
(a) When overtaking and passing another vehicle proceeding in the
same direction under the rules governing that movement.
(b) When placing a vehicle in a lawful position for, and when the
vehicle is lawfully making, a left turn.
(c) When the right half of a roadway is closed to traffic under
construction or repair.
(d) Upon a roadway restricted to one-way traffic.
(e) When the roadway is not of sufficient width.
(f) When the vehicle is necessarily traveling so slowly as to
impede the normal movement of traffic, that portion of the highway
adjacent to the right edge of the roadway may be utilized temporarily
when in a condition permitting safe operation.
(g) This section does not prohibit the operation of bicycles on
any shoulder of a highway, on any sidewalk, on any bicycle path
within a highway, or along any crosswalk or bicycle path crossing,
where the operation is not otherwise prohibited by this code or local
ordinance.
SEC. 12. SEC. 11. Section 21800 of
the Vehicle Code is amended to read:
21800. (a) The driver of a vehicle approaching an intersection
shall yield the right-of-way to any vehicle which has entered the
intersection from a different highway.
(b) (1) When two vehicles enter an intersection from different
highways at the same time, the driver of the vehicle on the left
shall yield the right-of-way to the vehicle on his or her immediate
right, except that the driver of any vehicle on a terminating highway
shall yield the right-of-way to any vehicle on the intersecting
continuing highway.
(2) For the purposes of this section, "terminating highway" means
a highway which intersects, but does not continue beyond the
intersection, with another highway which does continue beyond the
intersection.
(c) When two vehicles enter an intersection from different
highways at the same time and the intersection is controlled from all
directions by stop signs, the driver of the vehicle on the left
shall yield the right-of-way to the vehicle on his or her immediate
right.
(d) (1) The driver of any vehicle approaching an intersection
which has official traffic control signals that are inoperative shall
stop at the intersection, and may proceed with caution when it is
safe to do so.
(2) When two vehicles enter an intersection from different
highways at the same time, and the official traffic control signals
for the intersection are inoperative, the driver of the vehicle on
the left shall yield the right-of-way to the vehicle on his or her
immediate right, except that the driver of any vehicle on a
terminating highway shall yield the right-of-way to any vehicle on
the intersecting continuing highway.
(e) This section does not apply to any of the following:
(1) Any intersection controlled by an official traffic control
signal or yield right-of-way sign.
(2) Any intersection controlled by stop signs from less than all
directions.
(3) When vehicles are approaching each other from opposite
directions and the driver of one of the vehicles intends to make, or
is making, a left turn.
SEC. 13. SEC. 12. Section 22507.8 of
the Vehicle Code is amended to read:
22507.8. (a) It is unlawful for any person to park or leave
standing any vehicle in a stall or space designated for disabled
persons and disabled veterans pursuant to Section 22511.7 or 22511.8
of this code or Section 14679 of the Government Code, unless the
vehicle displays either a special identification license plate issued
pursuant to Section 5007 or a distinguishing placard issued pursuant
to Section 22511.55 or 22511.59.
(b) It is unlawful for any person to obstruct, block, or otherwise
bar access to those parking stalls or spaces except as provided in
subdivision (a).
(c) It is unlawful for any person to park or leave standing any
vehicle, including a vehicle displaying a special identification
license plate issued pursuant to Section 5007 or a distinguishing
placard issued pursuant to Section 22511.55 or 22511.59, in either of
the following places:
(1) On the lines marking the boundaries of a parking stall or
space designated for disabled persons or disabled veterans.
(2) In any area of the pavement adjacent to a parking stall or
space designated for disabled persons or disabled veterans that is
marked by crosshatched lines and is thereby designated, pursuant to
any local ordinance, for the loading and unloading of vehicles parked
in the stall or space.
(d) Subdivisions (a), (b), and (c) apply to all offstreet parking
facilities owned or operated by the state, and to all offstreet
parking facilities owned or operated by a local authority.
Subdivisions (a), (b), and (c) also apply to any privately owned and
maintained offstreet parking facility.
SEC. 14. SEC. 13. Section 22511.7 of
the Vehicle Code is amended to read:
22511.7. (a) In addition to Section 22511.8 for offstreet
parking, a local authority may, by ordinance or resolution, designate
onstreet parking spaces for the exclusive use of a vehicle that
displays either a special identification license plate issued
pursuant to Section 5007 or a distinguishing placard issued pursuant
to Section 22511.55 or 22511.59.
(b) (1) Whenever a local authority so designates a parking space,
it shall be indicated by blue paint on the curb or edge of the paved
portion of the street adjacent to the space. In addition, the local
authority shall post immediately adjacent to and visible from the
space a sign consisting of a profile view of a wheelchair with
occupant in white on a blue background.
(2) The sign required pursuant to paragraph (1) shall clearly and
conspicuously state the following: "Minimum Fine $250." This
paragraph applies only to signs for parking spaces constructed on or
after July 1, 2008, and signs that are replaced on or after July 1,
2008.
(3) If the loading and unloading area of the pavement adjacent to
a parking stall or space designated for disabled persons or disabled
veterans is to be marked by a border and hatched lines, the border
shall be painted blue and the hatched lines shall be painted a
suitable contrasting color to the parking space. Blue or white paint
is preferred. In addition, within the border the words "No Parking"
shall be painted in white letters no less than 12 inches high. This
paragraph applies only to parking spaces constructed on or after July
1, 2008, and painting that is done on or after July 1, 2008.
(c) This section does not restrict the privilege granted to
disabled persons and disabled veterans by Section 22511.5.
SEC. 15. SEC. 14. Section 22511.8 of
the Vehicle Code is amended to read:
22511.8. (a) A local authority, by ordinance or resolution, and a
person in lawful possession of an offstreet parking facility may
designate stalls or spaces in an offstreet parking facility owned or
operated by the local authority or person for the exclusive use of a
vehicle that displays either a special license plate issued pursuant
to Section 5007 or a distinguishing placard issued pursuant to
Section 22511.55 or 22511.59. The designation shall be made by
posting a sign as described in paragraph (1), and by either of the
markings described in paragraph (2) or (3):
(1) (A) By posting immediately adjacent to, and visible from, each
stall or space, a sign consisting of a profile view of a wheelchair
with occupant in white on a blue background.
(B) The sign shall also clearly and conspicuously state the
following: "Minimum Fine $250." This subparagraph applies only to
signs for parking spaces constructed on or after July 1, 2008, and
signs that are replaced on or after July 1, 2008, or as the State
Architect deems necessary when renovations, structural repair,
alterations, and additions occur to existing buildings and facilities
on or after July 1, 2008.
(2) (A) By outlining or painting the stall or space in blue and
outlining on the ground in the stall or space in white or suitable
contrasting color a profile view depicting a wheelchair with
occupant.
(B) The loading and unloading area of the pavement adjacent to a
parking stall or space designated for disabled persons or disabled
veterans shall be marked by a border and hatched lines. The border
shall be painted blue and the hatched lines shall be painted a
suitable contrasting color to the parking space. Blue or white paint
is preferred. In addition, within the border the words "No Parking"
shall be painted in white letters no less than 12 inches high. This
subparagraph applies only to parking spaces constructed on or after
July 1, 2008, and painting that is done on or after July 1, 2008, or
as the State Architect deems necessary when renovations, structural
repair, alterations, and additions occur to existing buildings and
facilities on or after July 1, 2008.
(3) By outlining a profile view of a wheelchair with occupant in
white on a blue background, of the same dimensions as in paragraph
(2). The profile view shall be located so that it is visible to a
traffic enforcement officer when a vehicle is properly parked in the
space.
(b) The Department of General Services under the Division of the
State Architect shall develop pursuant to Section 4450 of the
Government Code, as appropriate, conforming regulations to ensure
compliance with subparagraph (B) of paragraph (1) of subdivision (a)
and subparagraph (B) of paragraph (2) of subdivision (a). Initial
regulations to implement these provisions shall be adopted as
emergency regulations. The adoption of these regulations shall be
considered by the Department of General Services to be an emergency
necessary for the immediate preservation of the public peace, health
and safety, or general welfare.
(c) If posted in accordance with subdivision (e) or (f), the owner
or person in lawful possession of a privately owned or operated
offstreet parking facility, after notifying the police or sheriff's
department, may cause the removal of a vehicle from a stall or space
designated pursuant to subdivision (a) in the facility to the nearest
public garage unless a special license plate issued pursuant to
Section 5007 or distinguishing placard issued pursuant to Section
22511.55 or 22511.59 is displayed on the vehicle.
(d) If posted in accordance with subdivision (e), the local
authority owning or operating an offstreet parking facility, after
notifying the police or sheriff's department, may cause the removal
of a vehicle from a stall or space designated pursuant to subdivision
(a) in the facility to the nearest public garage unless a special
license plate issued pursuant to Section 5007 or a distinguishing
placard issued pursuant to Section 22511.55 or 22511.59 is displayed
on the vehicle.
(e) Except as provided in Section 22511.9, the posting required
for an offstreet parking facility owned or operated either privately
or by a local authority shall consist of a sign not less than 17 by
22 inches in size with lettering not less than one inch in height
which clearly and conspicuously states the following: "Unauthorized
vehicles parked in designated accessible spaces not displaying
distinguishing placards or special license plates issued for persons
with disabilities will be towed away at the owner's expense. Towed
vehicles may be reclaimed at:
________________________________or by telephoning
(Address)
______________________________________________.''
(Telephone number of local law enforcement
agency)
The sign shall be posted in either of the following locations:
(1) Immediately adjacent to, and visible from, the stall or space.
(2) In a conspicuous place at each entrance to the offstreet
parking facility.
(f) If the parking facility is privately owned and public parking
is prohibited by the posting of a sign meeting the requirements of
paragraph (1) of subdivision (a) of Section 22658, the requirements
of subdivision (c) may be met by the posting of a sign immediately
adjacent to, and visible from, each stall or space indicating that a
vehicle not meeting the requirements of subdivision (a) will be
removed at the owner's expense and containing the telephone number of
the local traffic law enforcement agency.
(g) This section does not restrict the privilege granted to
disabled persons and disabled veterans by Section 22511.5.
SEC. 15. Section 34501.2 of the Vehicle
Code is amended to read:
34501.2. (a) The regulations adopted under Section 34501 for
vehicles engaged in interstate or intrastate commerce shall establish
hours-of-service regulations for drivers of those vehicles that are
consistent with the hours-of-service regulations adopted by the
United States Department of Transportation in Part 395 of Title 49 of
the Code of Federal Regulations, as those regulations now exist or
are hereafter amended.
(b) The regulations adopted under Section 34501 for vehicles
engaged in intrastate commerce that are not transporting hazardous
substances or hazardous waste, as those terms are defined by
regulations in Section 171.8 of Title 49 of the Code of Federal
Regulations, as those regulations now exist or are hereafter amended,
shall have the following exceptions:
(1) The maximum driving time within a work period shall be 12
hours for a driver of a truck or truck tractor, except for a driver
of a tank vehicle with a capacity of more than 500 gallons
transporting flammable liquid, who shall not drive for more than 10
hours within a work period.
(2) No motor carrier shall A motor carrier
shall not permit or require a driver to drive, nor shall any
driver drive, for any period after having been on duty for 80 hours
in any consecutive eight days.
(3) A driver employed by an electrical corporation, as defined in
Section 218 of the Public Utilities Code, a gas corporation, as
defined in Section 222 of that code, a telephone corporation, as
defined in Section 234 of that code, a water corporation, as defined
in Section 241 of that code, or a public water district as defined in
Section 20200 of the Water Code, may be permitted or
required to drive more than the number of hours specified in
subdivision (a) while operating a public utility or public water
district vehicle during the emergency restoration of service
is exempt from all hours-of-service regulations while
operating a public utility or public water district vehicle .
(4) Any other exceptions applicable to drivers assigned to
governmental fire suppression and prevention, as determined by the
department.
(5) A driver employed by a law enforcement agency, as defined in
Section 390.3(f)(2) of Title 49 of the Code of Federal Regulations,
as that section now exists or is hereafter amended, during an
emergency or to restore the public peace.
(c) The regulations adopted under Section 34501 for vehicles
engaged in the transportation of farm products in intrastate commerce
shall include all of the following provisions:
(1) A driver employed by an agricultural carrier, including a
carrier holding a seasonal permit, or by a private carrier, when
transporting farm products from the field to the first point of
processing or packing, shall not drive for any period after having
been on duty 16 hours or more following eight consecutive hours off
duty and shall not drive for any period after having been on duty for
112 hours in any consecutive eight-day period, except that a driver
transporting special situation farm products from the field to the
first point of processing or packing, or transporting livestock from
pasture to pasture, may be permitted, during one period of not more
than 28 consecutive days or a combination of two periods totaling not
more than 28 days in a calendar year, to drive for not more than 12
hours during any workday of not more than 16 hours. A driver who
thereby exceeds the driving time limits specified in paragraph (2) of
subdivision (b) shall maintain a driver's record of duty status, and
shall keep a duplicate copy in his or her possession when driving a
vehicle subject to this chapter. These records shall be presented
immediately upon request by any authorized employee of the
department, or any police officer or deputy sheriff.
(2) Upon the request of the Director of Food and Agriculture, the
commissioner may, for good cause, temporarily waive the maximum
on-duty time limits applicable to any eight-day period when an
emergency exists due to inclement weather, natural disaster, or an
adverse economic condition that threatens to disrupt the orderly
movement of farm products during harvest for the duration of the
emergency. For purposes of this paragraph, an emergency does not
include a strike or labor dispute.
(3) For purposes of this subdivision, the following terms have the
following meanings:
(A) "Farm products" means every agricultural, horticultural,
viticultural, or vegetable product of the soil, honey and beeswax,
oilseeds, poultry, livestock, milk, or timber.
(B) "First point of processing or packing" means a location where
farm products are dried, canned, extracted, fermented, distilled,
frozen, ginned, eviscerated, pasteurized, packed, packaged, bottled,
conditioned, or otherwise manufactured, processed, or preserved for
distribution in wholesale or retail markets.
(C) "Special situation farm products" means fruit, tomatoes, sugar
beets, grains, wine grapes, grape concentrate, cotton, or nuts.
SEC. 16. Section 40215 of the Vehicle Code is amended to read:
40215. (a) For a period of 21 calendar days from the issuance of
a notice of parking violation or 14 calendar days from the mailing of
a notice of delinquent parking violation, exclusive of any days from
the day the processing agency receives a request for a copy or
facsimile of the original notice of parking violation pursuant to
Section 40206.5 and the day the processing agency complies with the
request, a person may request an initial review of the notice by the
issuing agency. The request may be made by telephone, in writing, or
in person. There shall be no charge for this review. If, following
the initial review, the issuing agency is satisfied that the
violation did not occur, that the registered owner was not
responsible for the violation, or that extenuating circumstances make
dismissal of the citation appropriate in the interest of justice,
the issuing agency shall cancel the notice of parking violation or
notice of delinquent parking violation. The issuing agency shall
advise the processing agency, if any, of the cancellation. The
issuing agency or the processing agency shall mail the results of the
initial review to the person contesting the notice, and, if
following that review, cancellation of the notice does not occur,
include a reason for that denial, notification of the ability to
request an administrative hearing, and notice of the procedure
adopted pursuant to subdivision (b) for waiving prepayment of the
parking penalty based upon an inability to pay.
(b) If the person is dissatisfied with the results of the initial
review, the person may request an administrative hearing of the
violation no later than 21 calendar days following the mailing of the
results of the issuing agency's initial review. The request may be
made by telephone, in writing, or in person. The person requesting an
administrative hearing shall deposit the amount of the parking
penalty with the processing agency. The issuing agency shall adopt a
written procedure to allow a person to request an administrative
hearing without payment of the parking penalty upon satisfactory
proof of an inability to pay the amount due. After January 1, 1996,
an administrative hearing shall be held within 90 calendar days
following the receipt of a request for an administrative hearing,
excluding time tolled pursuant to this article. The person requesting
the hearing may request one continuance, not to exceed 21 calendar
days.
(c) The administrative hearing process shall include the
following:
(1) The person requesting a hearing shall have the choice of a
hearing by mail or in person. An in-person hearing shall be conducted
within the jurisdiction of the issuing agency. If an issuing agency
contracts with an administrative provider, hearings shall be held
within the jurisdiction of the issuing agency or within the county of
the issuing agency.
(2) If the person requesting a hearing is a minor, that person
shall be permitted to appear at a hearing or admit responsibility for
the parking violation without the necessity of the appointment of a
guardian. The processing agency may proceed against the minor in the
same manner as against an adult.
(3) The administrative hearing shall be conducted in accordance
with written procedures established by the issuing agency and
approved by the governing body or chief executive officer of the
issuing agency. The hearing shall provide an independent, objective,
fair, and impartial review of contested parking violations.
(4) (A) The issuing agency's governing body or chief executive
officer shall appoint or contract with qualified examiners or
administrative hearing providers that employ qualified examiners to
conduct the administrative hearings. Examiners shall demonstrate
those qualifications, training, and objectivity necessary to conduct
a fair and impartial review. An examiner shall not be employed,
managed, or controlled by a person whose primary duties are parking
enforcement or parking citation, processing, collection, or issuance.
The examiner shall be separate and independent from the citation
collection or processing function. An examiner's continued
employment, performance evaluation, compensation, and benefits shall
not, directly or indirectly, be linked to the amount of fines
collected by the examiner.
(B) Examiners shall have a minimum of 20 hours of training. The
examiner is responsible for the costs of the training. The issuing
agency may reimburse the examiner for those costs. Training may be
provided through (i) an accredited college or university, (ii) a
program conducted by the Commission on Peace Officer Standards and
Training, (iii) American Arbitration Association or a similar
established organization, or (iv) through any program approved by the
governing board of the issuing agency, including a program developed
and provided by, or for, the agency. Training programs may include
topics relevant to the administrative hearing, including, but not
limited to, applicable laws and regulations, parking enforcement
procedures, due process, evaluation of evidence, hearing procedures,
and effective oral and written communication. Upon the approval of
the governing board of the issuing agency, up to 12 hours of relevant
experience may be substituted for up to 12 hours of training. In
addition, up to eight hours of the training requirements described in
this subparagraph may be credited to an individual, at the
discretion of the governing board of the issuing agency, based upon
training programs or courses described in (i) to (iv), inclusive,
that the individual attended within the last five years.
(5) The officer or person who issues a notice of parking violation
shall not be required to participate in an administrative hearing.
The issuing agency shall not be required to produce any evidence
other than the notice of parking violation or copy thereof and
information received from the Department of Motor Vehicles
identifying the registered owner of the vehicle. The documentation in
proper form shall be prima facie evidence of the violation.
(6) The examiner's decision following the administrative hearing
may be personally delivered to the person by the examiner or sent by
first-class mail, and, if the notice is not cancelled, include a
written reason for that denial.
(7) Following a determination by the examiner that a person has
committed the violation, the examiner may, consistent with the
written guidelines established by the issuing agency, allow payment
of the parking penalty in installments, or an issuing agency may
allow for deferred payment or allow for payments in installments, if
the person provides evidence satisfactory to the examiner or the
issuing agency, as the case may be, of an inability to pay the
parking penalty in full. If authorized by the governing board of the
issuing agency, the examiner may permit the performance of community
service in lieu of payment of a parking penalty.
(d) The provisions of this section relating to the administrative
appeal process do not apply to an issuing agency that is a law
enforcement agency if the issuing agency does not also act as the
processing agency.
SEC. 17. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.