SB 1418 Senate Bill - INTRODUCED

BILL NUMBER: SB 1418	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wiggins

                        FEBRUARY 19, 2010

   An act to amend Sections 2550, 2551, 2555, and 2557 of the Streets
and Highways Code, relating to highways.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1418, as introduced, Wiggins. Transportation: motorist aid
services.
   Existing law authorizes the establishment of a service authority
for freeway emergencies in any county if the board of supervisors of
the county and the city councils of a majority of the cities within
the county adopt resolutions providing for the establishment of the
service authority. Existing law authorizes the Metropolitan
Transportation Commission to function as the service authority for
freeway emergencies in the San Francisco Bay area counties upon
adoption of a resolution, as specified. Existing law authorizes a
service authority to impose a fee of $1 per year on vehicles
registered in the counties served by the service authority. Existing
law requires moneys received by a service authority to be used for
the implementation, maintenance, and operation of a motorist aid
system of call boxes and authorizes moneys received by a service
authority in excess of what is needed for that system to be used for
additional motorist aid services, including, among other things,
changeable message signs and lighting for call boxes. Existing law
requires any plan or amendment to a plan for a motorist aid system of
call boxes for any state highway route to be approved by the
Department of Transportation and the Department of the California
Highway Patrol.
   This bill would authorize those service authorities to be
established for freeway and expressway services, instead of only
freeway emergencies and would delete the provisions authorizing only
excess moneys to be used for additional motorist aid services and
would instead authorize moneys from the service authority fee on
vehicles to be used for the implementation, maintenance, and
operation of systems, projects, and programs to aid and assist
motorists, including, among other things, a call box system, freeway
service patrol, mobile roadside assistance systems, intelligent
transportation systems, and traveler information systems. The bill
would authorize the Metropolitan Transportation Commission to place
call boxes to assist motorists a in specified parking or roadway
areas in mutually agreed upon state and federal parks. The bill would
authorize a service authority to impose a fee of up to $2 per year
on vehicles registered in the counties served by the service
authority. The bill would provide that any amendment to an existing
plan for a motorist aid network of call boxes adopted by a service
authority shall be deemed to be approved by the Department of
Transportation and the Department of the California Highway Patrol
unless rejected within 120 days of receipt of the amendment.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2550 of the Streets and Highways Code is
amended to read:
   2550.  The Legislature declares that its intent in enacting this
chapter is to encourage  the placement of call boxes
  services that directly aid motorists  along the
California  Freeway   freeway  and 
Expressway System to enable motorists in need of aid to obtain
assistance   expressway   system  .
However, it is not intended that  a motorist aid system of
call boxes   any services provided  be considered
an emergency  telephone system.
  SEC. 2.  Section 2551 of the Streets and Highways Code is amended
to read:
   2551.  (a) A service authority for  freeway emergencies
  freeways and expressways  may be established in
any county if the board of supervisors of the county and the city
councils of a majority of the cities within the county having a
majority of the population of cities within the county adopt
resolutions providing for the establishment of the authority.
   (b) The resolutions may designate the county transportation
commission for the county, created pursuant to Division 12
(commencing with Section 130000) of the Public Utilities Code or
council of governments formed pursuant to Chapter 5 (commencing with
Section 6500) of Division 7 of Title 1 of the Government Code, as the
service authority for  freeway emergencies  
freeways and expressways  . The powers of a commission or
council of governments so designated are limited to those of the
service authority.
   (c)  (1)  The Metropolitan Transportation Commission may
function as the service authority for  freeway emergencies
  freeways and expressways  in any or all of the
Counties of Santa Clara, San Mateo, Alameda, Contra Costa, Marin,
Solano, Sonoma, Napa, and the City and County of San Francisco upon
adoption of a resolution by the commission to act as a service
authority and upon ratification of the commission's resolution in a
particular county by the board of supervisors of the city and county
or by the board of supervisors of the county and by the city councils
of the cities within the county having a majority of the population
of the cities within the county. 
   (2) The Metropolitan Transportation Commission may also exercise,
as the service authority in any of those counties, the power to
strategically place call boxes to assist motorists in parking or
roadway areas in mutually agreed upon state and federal parks where
telecommunication services are not available. 
   (d) (1) The Sacramento Area Council of Governments may function as
the service authority for  freeway emergencies 
 freeways and expressways  in any or all of the Counties of
Sacramento, Yolo, Yuba, Sutter, and San Joaquin, or any other county
that is not within another multicounty service authority, upon
adoption of a resolution by the council to act as a service authority
and upon ratification of the resolution in a particular county by
the board of supervisors of the county and by the city councils of
the cities within the county having a majority of the population of
the cities within the county.
   (2) The Sacramento Area Council of Governments may also exercise,
as a service authority, in any of those counties, the powers
specified in Section 891.5 pertaining to  callboxes 
 call boxes  on class 1 bikeways.
   (e) As used in this chapter, "authority" and "service authority"
mean a service authority for  freeway emergencies 
 freeways and expressways  created pursuant to this chapter.

  SEC. 3.  Section 2555 of the Streets and Highways Code is amended
to read:
   2555.  An authority may impose a fee of  one dollar ($1)
  up to two dollars ($2)  per year  , in one
dollar ($1) increments  , on vehicles registered in the county
pursuant to Section 9250.10 of the Vehicle Code.
  SEC. 4.  Section 2557 of the Streets and Highways Code is amended
to read:
   2557.  (a) Except as provided in  subdivisions 
 subdivision  (c)  and (d)  , the moneys
received by each authority pursuant to subdivision (b) of Section
9250.10 of the Vehicle Code shall be used for the implementation,
maintenance, and operation of  a motorist aid system of call
boxes   systems, projects, and programs to aid and
assist motorists, including, but not   limited to, a call
box system, freeway service patrol, mobile roadside assistance
systems, intelligent transportation systems, incident management
programs and coordination, traveler information system programs, and
support for traffic operation centers  , including the lease or
lease-purchase of facilities and equipment for the system, 
project, or program  on the portions of the  California
Freeway and Expressway System   state freeway and
expressway system  and a county expressway system, and the
unincorporated county roads in that county, and on state highway
routes that connect segments of these systems, which are located
within the county in which the authority is established. The
Department of Transportation and the Department of the California
Highway Patrol shall each review and approve plans for implementation
of a motorist aid system of call boxes proposed for any state
highway route and shall be reimbursed by the service authority for
all costs incurred due to review and approval of the plan. 
   (b) An authority or any other public entity may construct and
maintain, and lease or lease-purchase on terms and conditions it
deems appropriate, the facilities of a motorist aid system  ,
project, or program  or it may contract with a private person or
entity to do so.
   (c) If leases or lease-purchase agreements are entered into
pursuant to subdivision (a), or if revenue bonds are issued and sold
pursuant to Section 2558, the moneys received by each authority
pursuant to subdivision (b) of Section 9250.10 of the Vehicle Code
shall be used to the extent necessary to make lease payments or to
pay the principal of, and interest on, the amount of bonded
indebtedness outstanding, as the case may be. Facilities and
equipment acquired through the expenditure of proceeds from the sale
of those bonds shall have a useful life at least equal to the term of
the bonds. 
   (d) (1) Any money received by an authority pursuant to subdivision
(b) of Section 9250.10 of the Vehicle Code that exceeds the amount
needed for full implementation and ongoing costs to maintain and
operate the motorist aid system of call boxes, installed pursuant to
subdivision (a), may be used for purposes of paragraph (2) and for
additional motorist aid services or support, including, but not
limited to, the following safety-related projects:  

   (A) Changeable message signs.  
   (B) Lighting for call boxes.  
   (C) Support for traffic operations centers.  
   (D) Contracting for removal of disabled vehicles from the traveled
portion of the right-of-way, including operation of the freeway
service patrol pursuant to Chapter 15 (commencing with Section 2560).
 
   (2) 
    (d)     The Department of Transportation
and the Department of the California Highway Patrol shall each review
and approve plans for implementation of a motorist aid network of
call boxes proposed for any state highway route and shall be
reimbursed by the service authority for all   costs incurred
due to review and approval of the plan.  Any amendment to an
existing plan for a motorist aid  system  
network  of call boxes adopted by an authority for any state
highway route shall, prior to implementation, be submitted to the
Department of Transportation and the Department of the California
Highway Patrol for review and approval and shall not be implemented
until so reviewed and approved. The authority shall reimburse each
department for the costs of that review.  Any amendment to an
existing plan for a motorist aid network of call boxes adopted by an
authority shall be deemed to be approved by the Department of
Transportation and the Department of the California Highway Patrol
unless otherwise rejected within 120 days of receipt of the
amendment. 
   (e) An authority may develop policies for the retention of
records, including, but not limited to, authority operations,
contracts, and programs, and the length of the retention period.
   (f) A motorist aid  system   call box network
 constructed, maintained, or operated pursuant to this section
shall meet the applicable standards of Title II of the Americans with
Disabilities Act of 1990 (Public Law 101-336) and federal
regulations adopted pursuant thereto.