BILL ANALYSIS �
AB 349
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 349 (Chesbro)
As Amended June 16, 2011
Majority vote
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|ASSEMBLY: |71-0 |(March 25, |SENATE: |37-0 |(June 27, |
| | |2011) | | |2011) |
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Original Committee Reference: TRANS.
SUMMARY : Extends the vehicle length exemption for specified
livestock carriers (cattle haulers) on portions of State Route 101
(SR 101) in Humboldt, Del Norte, and Mendocino Counties from
January 1, 2012, to January 1, 2017.
The Senate amendments :
1)Amend the vehicle length exemption for specified cattle haulers
on portions of SR 101 in Humboldt, Del Norte, and Mendocino
Counties from January 1, 2017 to January 1, 2015.
2)Add a principal coauthor.
EXISTING LAW :
1)Provides, until January 1, 2012, that a vehicle length exemption
for cattle hauling trucks using SR 101 in Del Norte, Humboldt,
and Mendocino Counties is in effect provided the travel is
incidental to the shipment of livestock. The exemption does not
apply to travel on the day prior to or the day of any federally
recognized holiday and applies only to trucks meeting all of the
following criteria:
a) The length of the truck tractor and semitrailer shall not
exceed 70 feet;
b) The distance from kingpin to the rearmost axle (KP-RA) does
not exceed 43 feet; and,
c) The total length of the semitrailer does not exceed 48
feet.
1)Requires that, by January 1, 2011, the California Highway Patrol
(CHP) and the California Department of Transportation (Caltrans)
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report to the Governor and the Legislature on the findings of a
study on the effect of the truck length exemption on public
safety.
2)Specifies that, if prior to January 1, 2012, the Director of
Caltrans determines that the only adjustment to SR 101 to
accommodate trucks sizes, as specified in the exemption, is the
removal of any tree with a diameter of 42 inches or greater, the
Director shall notify the Secretary of State.
3)Specifies that, prior to January 1, 2012, if the Director of
Caltrans determines that safety improvements to the specified
portion of SR 101 have resulted in reclassification of the entire
segment as a terminal access route, the Director shall notify the
Secretary of State of that determination.
AS PASSED BY THE ASSEMBLY , this bill:
1)Extended the time period, from January 1, 2012, to January 1,
2017, that certain livestock transport trucks may use SR 101 in
Del Norte, Humboldt, and Mendocino Counties for travel, with
exception.
2)Deleted provisions requiring the CHP, in consultation with
Caltrans, to continue a comprehensive study of the effect of the
vehicle length exemption on public safety.
3)Made other conforming changes to related provisions.
FISCAL EFFECT : Unknown
COMMENTS :
SR 101 is the primary north-south route serving the north coast of
California and is critical to the region's commerce. Historically,
parts of SR 101 contained a number of tight curves that were
difficult for long truck-trailer combinations to maneuver without
crossing over the centerline of the highway into on-coming traffic.
Caltrans determined that truck tractor-semitrailer combinations
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that exceed specified length requirements could not travel on SR
101 in Humboldt, Del Norte, and Mendocino Counties. The
restriction was put into place to reduce the possibility presented
for head-on collisions when longer trucks needed to crossover the
centerline into oncoming traffic to maneuver the tight curves.
Since placing the restriction, Caltrans has been working to correct
the curves along the route to make it passable to longer trucks.
To date, the remaining section needing repair is a 1.1 mile segment
at Richardson Grove State Park. In this location the highway
narrows to a two-lane road with large old growth redwood trees
adjacent to the traveled way. The Richardson Grove curve
correction was scheduled to be completed by December 31, 2011.
However, Caltrans states that delays in the project development
process have postponed the onset of project construction to the
summer of 2011 with project completion now slated for the spring of
2012. Once the curve correction at Richardson Grove is completed,
Caltrans will lift the truck-trailer length restriction on the
entire SR 101 route segment.
Results of the CHP's reports to the Legislature regarding the
effect of the exemption indicate that there have been no collisions
or incidents related to the truck length exemption. Regardless,
there continue to be safety concerns associated with the exemption
because longer trucks, operating under the exemption, continue to
cross over the centerline to maneuver around curves at Richardson
Grove State Park increasing the potential for head-on collisions
between trucks and on-coming traffic.
While Caltrans states that the curve correction at Richardson Grove
State Park will be completed in the spring of 2012, it is important
to note that lawsuits have been filed on behalf of Center for
Biological Diversity, Californians for Alternatives to Toxics,
Environmental Protection Information Center, and various
individuals challenging the project environmental document.
Caltrans notes that if an injunction is filed, the onset of project
construction and, ultimately, project completion, could be further
delayed.
The author contends use of longer trucks is a necessity for north
coast cattle ranchers, since using shorter trucks would require
additional trips and transfer livestock from shorter to longer
trucks after they have passed through the restricted segment of SR
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101 would both increase costs and negatively impact north coast
cattle ranchers' ability to compete effectively in the marketplace.
This issue was first addressed in the Legislature in 1998 when an
exemption to the length restriction on trucks using the restricted
segment of SR 101 was enacted by AB 2426 (Strom-Martin), Chapter
711, Statutes of 1998, allowing cattle haulers to move livestock,
under certain conditions, using 43-foot KP-RA trailers. The
exemption has been extended a number of times to accommodate the
construction schedules to complete the curve corrections along the
route. Most recently, SB 773 (Wiggins), Chapter 440, Statutes of
2007, contained a sunset date of January 1, 2012, set to
accommodate the construction schedule of the curve correction at
Richardson Grove State Park in Humboldt County. As noted above,
however, Caltrans now expects the project to be completed in the
spring of 2012, or later if a court injunction is filed.
The author contends that extending the exemption would allow north
coast cattle ranchers to continue to be able to move livestock in a
cost effective manner while Caltrans and concerned parties resolve
issues regarding the curve correction project at Richardson Grove.
If the exemption is not extended, the author notes that it is
highly likely that the current exemption will expire before the
curve correction is completed, making the route impassable to
livestock haulers, further straining north coast's economy.
Previous legislation :
SB 773 (Wiggins), Chapter 440, Statutes of 2007, expanded the
exemption to length limitations, until January 1, 2012, for
livestock carriers to semi-trailers up to 43 feet provided the
semi-trailer does not exceed a total of 48 feet.
SB 1224 (Chesbro), Chapter 449, Statutes of 2006, extended the
sunset date until 2012, and required CHP to continue the
comprehensive study of the effect of the exemption on public safety
and to make recommendations on future exemptions by January 1,
2011.
SB 127 (Chesbro), Chapter 188, Statutes of 2003, extended the
sunset date until January 1, 2007, and required CHP to conduct a
third study on the safety impacts, which was issued on March 20,
2006.
AB 220 (Strom-Martin), Chapter 413, Statutes of 2001, continued the
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exemption until January 1, 2004 and instructed the CHP to conduct a
second study on the possible safety impacts, which was never
issued.
AB 1474 (Cardoza), Chapter 911, Statutes of 1999, added one more
year to the exemption, and gave CHP until July 1, 2001 to complete
the study and report to the Legislature.
AB 2426 (Strom-Martin), Chapter 711, Statutes of 1998, created a
two-year exemption, until January 1, 2000, to permit livestock
carriers to travel on portions of SR 101 and required the CHP to
conduct a study on the possible safety impacts of the exemption.
Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319- 2093
FN: 0001312