BILL NUMBER: SB 853 CHAPTERED
BILL TEXT
CHAPTER 27
FILED WITH SECRETARY OF STATE JUNE 20, 2014
APPROVED BY GOVERNOR JUNE 20, 2014
PASSED THE SENATE JUNE 15, 2014
PASSED THE ASSEMBLY JUNE 15, 2014
AMENDED IN ASSEMBLY JUNE 12, 2014
INTRODUCED BY Committee on Budget and Fiscal Review
JANUARY 9, 2014
An act to amend Section 21602 of the Public Utilities Code, to
amend Section 8352.6 of the Revenue and Taxation Code, to amend
Sections 188.8 and 2384 of the Streets and Highways Code, and to
amend Sections 5205.5 and 12801 of the Vehicle Code, relating to
transportation, and making an appropriation therefor, to take effect
immediately, bill related to the budget.
LEGISLATIVE COUNSEL'S DIGEST
SB 853, Committee on Budget and Fiscal Review. Transportation.
(1) Existing law establishes the Aeronautics Account in the State
Transportation Fund, and continuously appropriates the moneys in the
account for expenditure for airport purposes by the Division of
Aeronautics within the Department of Transportation and the
California Transportation Commission. Existing law establishes the
California Aid to Airports Program under which the department
provides grants to political subdivisions for the planning,
acquisition, construction, improvement, maintenance, or operation of
a publicly owned airport, and to cities or counties on behalf of any
privately owned, public use airport, as specified.
Existing law establishes a subaccount, referred to by the
Department of Finance as the Local Airport Loan Account, in the
Aeronautics Account in the State Transportation Fund for the
management of funds for loans to local entities for airport purposes
and requires that all funds for airport loans in the Special Deposit
Fund be transferred to the subaccount. Existing law requires the
department, with the approval of the Department of Finance, to
deposit in the subaccount all money received by the department from
repayments of, and interest on, existing and future airport loans,
and authorizes, upon appropriation, the transfer of additional funds
from the Aeronautics Account in the State Transportation Fund to the
subaccount as the department deems appropriate.
This bill would authorize, upon a determination by the department
that the balance in the subaccount exceeds projected needs, the
transfer of funds from the subaccount to the Aeronautics Account to
fund the California Aid to Airports Program with the approval of the
California Transportation Commission and the Department of Finance.
The bill would require that the transfers not reduce the amount of
funds in the subaccount below $5,000,000.
By authorizing the transfer of moneys into a continuously
appropriated fund, the bill would make an appropriation.
(2) Existing law requires certain moneys attributable to taxes
imposed upon distribution of motor vehicle fuel related to specified
off-highway motor vehicles and off-highway vehicle activities to be
transferred monthly from the Motor Vehicle Fuel Account to the
Off-Highway Vehicle Trust Fund according to a specified calculation
that the Department of Transportation, in cooperation with the
Department of Parks and Recreation and the Department of Motor
Vehicles, is authorized to adjust every 5 years, starting in the
2013-14 fiscal year, taking into account specified factors.
This bill would require, in the 2014-15 fiscal year, the
Department of Transportation, in consultation with the Department of
Parks and Recreation and the Department of Motor Vehicles, to
undertake a study to determine the appropriate adjustment to the
amount of money transferred from the fuel account to the fund and to
update the estimate of the amount of money attributable to taxes
imposed upon distribution of motor vehicle fuel related to specified
off-highway motor vehicles and off-highway vehicle activities. The
bill would require the department to provide the study to the
Legislature no later than January 1, 2016.
(3) Existing law establishes the state transportation improvement
program process, pursuant to which the California Transportation
Commission generally programs and allocates available funds for
transportation capital improvement projects over a multiyear period.
Existing law provides funding for interregional and regional
transportation capital improvement projects through the state
transportation improvement program process, with 25% of funds
available for interregional projects selected by the Department of
Transportation and 75% for regional projects selected by
transportation planning agencies. Existing law requires funds
available for regional projects to be programmed by the commission
pursuant to the county shares formula, under which a certain amount
of funding is available for programming in each county. Existing law
specifies the project costs to be charged against county shares in
that regard. If the final estimate is greater than 120% or less than
80% of the amount originally programmed for right-of-way costs,
existing law requires the amount to be adjusted at the time of
right-of-way certification. Existing law prohibits project costs
shown in the state transportation improvement program from being
changed to reflect certain costs, including actual right-of-way
purchase costs.
This bill would instead prohibit project costs shown in the state
transportation improvement program from being changed to reflect
differences that are within 20% of the amount reported at the time of
allocation for actual right-of-way costs at the time of acceptance
of a project construction contract.
(4) Existing law creates the Active Transportation Program in the
Department of Transportation, which combines various bicycle,
pedestrian, and other nonmotorized transportation programs into a
single program. Existing law provides for funds to be allocated to
projects in the program by the California Transportation Commission.
Existing law requires the commission to adopt guidelines for an
initial program of projects by March 26, 2014, with future programs
of projects to be adopted by April 1 of each odd-numbered year, or,
alternatively, on an annual basis. Existing law provides for the
initial program of projects to cover a period of 2 years, with each
subsequent program of projects to cover a period of 4 years.
This bill would require the commission to adopt the 2015 program
of projects by December 31, 2015.
(5) Existing federal law, until September 30, 2017, authorizes a
state to allow specified labeled vehicles to use lanes designated for
high-occupancy vehicles (HOVs). Existing law authorizes the
Department of Transportation to designate certain lanes for the
exclusive use of HOVs. Under existing law, until January 1, 2019, or
until federal authorization expires, or until the Secretary of State
receives a specified notice, those lanes may be used by certain
vehicles not carrying the requisite number of passengers otherwise
required for the use of an HOV lane, if the vehicle displays a valid
identifier issued by the Department of Motor Vehicles (DMV). Existing
law authorizes the DMV to issue no more than 40,000 of those
identifiers.
This bill would increase the number of those identifiers that the
DMV is authorized to issue to 55,000.
(6) Existing law generally requires an application for a driver's
license to contain the applicant's social security account number.
Existing law also authorizes a driver's license to be issued to an
applicant who is ineligible for a social security account number but
who provides satisfactory proof that his or her presence in the
United States is authorized under federal law. Existing law,
effective January 1, 2015, or on the date that the Director of Motor
Vehicles executes a specified declaration, whichever is sooner,
authorizes the issuance of a driver's license to an applicant who is
unable to provide satisfactory proof that his or her presence in the
United States is authorized under federal law if the applicant
submits an affidavit attesting that he or she is both ineligible for
a social security account number and unable to submit proof of
authorized presence in the United States.
This bill would delete the requirement for an affidavit for an
applicant who is unable to submit proof of authorized presence in the
United States, and would instead authorize the issuance of a driver'
s license to such an applicant who indicates in his or her license
application, as prescribed by the department, that the applicant has
never been issued a social security account number and is not
presently eligible for a social security account number.
(7) Existing law, the Outdoor Advertising Act, provides for the
regulation by the Department of Transportation of advertising
displays, as defined, within view of public highways.
This bill would require the Department of Transportation to
report, by January 10, 2015, to the budget and appropriate policy
committees of both houses of the Legislature on the subject of
advertising on electronic changeable message signs on the state
highway system, and on the feasibility of a pilot project in that
regard, including estimates of revenue.
(8) Existing law gives the County of Fresno until June 30, 2015,
to meet the maintenance of effort requirement associated with its
receipt of streets and roads funds from gasoline sales tax revenues
in the Transportation Investment Fund in the 2009-10 fiscal year.
Under the maintenance of effort requirement applicable to this
now-repealed source of revenues, a city or county was required to
maintain annual streets and roads expenditures from its general fund
equal to the annual average of its expenditures from that source
during the 1996-97, 1997-98, and 1998-99 fiscal years. If a city or
county failed to comply with the maintenance of effort requirement in
a particular fiscal year, existing law provided that it could
alternatively comply by expending in that year and the following
fiscal year a combined total amount that is not less than the amount
otherwise required to be expended in the 2 fiscal years.
This bill would give the County of Fresno 5 additional years,
until June 30, 2020, to meet this maintenance of effort requirement
for the 2009-10 fiscal year, as long as it continues to provide
medical services to indigent individuals and undocumented individuals
consistent with the eligibility and benefit levels in effect in the
2013-14 fiscal year.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the County of Fresno.
(9) Existing law establishes in the State Transportation Fund the
Motor Vehicle Account, which generally consists of regulatory fees
and penalty revenues collected under the Vehicle Code, and requires
that moneys in the account that are appropriated for the support of
or expenditure by the Department of Motor Vehicles or the Department
of the California Highway Patrol be used for carrying out provisions
of the Vehicle Code and enforcing any other laws relating to vehicles
or the use of highways.
This bill would appropriate the sum of $4,934,000 from the Motor
Vehicle Account to the Department of the California Highway Patrol to
conduct a pilot project to replace 12 dispatch radio consoles at 2
California Highway Patrol communication centers.
(10) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21602 of the Public Utilities Code is amended
to read:
21602. (a) Subject to the terms and within the limits of special
appropriations made by the Legislature, the department may render
financial assistance by grant or loan, or both, to political
subdivisions jointly, in the planning, acquisition, construction,
improvement, maintenance, or operation of an airport owned or
controlled, or to be owned or controlled, by a political subdivision
or subdivisions, if the financial assistance has been shown by public
hearing to be appropriate to the proper development or maintenance
of a statewide system of airports. Financial assistance may be
furnished in connection with federal or other financial aid for the
same purpose.
(b) Notwithstanding subdivision (a) of Section 21681, a city or
county designated by the Airport Land Use Commission is eligible to
compete for funds held in the Aeronautics Account in the State
Transportation Fund on behalf of any privately owned, public use
airport that is included in an airport land use compatibility plan.
However, the city or county shall be eligible to compete for the
funds only when zoning on the parcel is tantamount to a taking of all
reasonable uses that might otherwise be permitted on the parcel. The
eligible airport and aviation purposes are limited to those
specified in paragraphs (4), (5), (6), (9), and (14) of subdivision
(f) of Section 21681, and, further, any capital improvements or
acquisitions shall become the property of the designated city or
county. Matching funds pursuant to subdivision (a) of Section 21684
may include the in-kind contribution of real property, with the
approval of the department.
(c) Any grant of funds held in the Aeronautics Account in the
State Transportation Fund on behalf of any privately owned airports
shall contain a covenant that the airport remain open for public use
for 20 years. Any grant made to a city or county on behalf of a
privately owned airport shall contain a payback provision based upon
existing market value at the time the private airport ceases to be
open for public use.
(d) Upon request, California Aid to Airports Program (CAAP)
projects included within the adopted Aeronautics Program, may be
funded in advance of the year programmed, with the concurrence of the
department, in order to better utilize funds in the account.
(e) There is, in the Aeronautics Account in the State
Transportation Fund, a subaccount, the Local Airport Loan Account,
for the management of funds for loans to local entities pursuant to
this chapter. All funds for airport loans in the Special Deposit Fund
are hereby transferred to the subaccount. With the approval of the
Department of Finance, the department shall deposit in the subaccount
all money received by the department from repayments of, and
interest on, existing and future airport loans, including, but not
limited to, the sums of five hundred forty thousand dollars
($540,000) in repayments from the General Fund due in July 1987, and
July 1988, and may, upon appropriation, transfer additional funds
from the Aeronautics Account in the State Transportation Fund to the
subaccount as the department deems appropriate. Interest on money in
the subaccount shall be credited to the subaccount as it accrues.
(f) (1) Notwithstanding subdivision (a) of Section 13340 of the
Government Code, the money in the subaccount created by subdivision
(e) is hereby continuously appropriated to the department without
regard to fiscal years for purposes of loans to political
subdivisions for airport purposes.
(2) Upon a determination by the department that the balance in the
subaccount exceeds projected needs, funds in the subaccount may be
transferred by the department to the Aeronautics Account to fund the
California Aid to Airports Program with the approval of the
California Transportation Commission and the Department of Finance.
The transfers shall not reduce the amount of funds in the subaccount
below five million dollars ($5,000,000).
SEC. 2. Section 8352.6 of the Revenue and Taxation Code is amended
to read:
8352.6. (a) (1) Subject to Section 8352.1, and except as
otherwise provided in paragraphs (2) and (3), on the first day of
every month, there shall be transferred from moneys deposited to the
credit of the Motor Vehicle Fuel Account to the Off-Highway Vehicle
Trust Fund created by Section 38225 of the Vehicle Code an amount
attributable to taxes imposed upon distributions of motor vehicle
fuel used in the operation of motor vehicles off highway and for
which a refund has not been claimed. Transfers made pursuant to this
section shall be made prior to transfers pursuant to Section 8352.2.
(2) Commencing July 1, 2012, the revenues attributable to the
taxes imposed pursuant to subdivision (b) of Section 7360 and Section
7361.1 and otherwise to be deposited in the Off-Highway Vehicle
Trust Fund pursuant to paragraph (1) shall instead be transferred to
the General Fund. The revenues attributable to the taxes imposed
pursuant to subdivision (b) of Section 7360 and Section 7361.1 that
were deposited in the Off-Highway Vehicle Trust Fund in the 2010-11
and 2011-12 fiscal years shall be transferred to the General Fund.
(3) The Controller shall withhold eight hundred thirty-three
thousand dollars ($833,000) from the monthly transfer to the
Off-Highway Vehicle Trust Fund pursuant to paragraph (1), and
transfer that amount to the General Fund.
(b) The amount transferred to the Off-Highway Vehicle Trust Fund
pursuant to paragraph (1) of subdivision (a), as a percentage of the
Motor Vehicle Fuel Account, shall be equal to the percentage
transferred in the 2006-07 fiscal year. Every five years, starting in
the 2013-14 fiscal year, the percentage transferred may be adjusted
by the Department of Transportation in cooperation with the
Department of Parks and Recreation and the Department of Motor
Vehicles. Adjustments shall be based on, but not limited to, the
changes in the following factors since the 2006-07 fiscal year or the
last adjustment, whichever is more recent:
(1) The number of vehicles registered as off-highway motor
vehicles as required by Division 16.5 (commencing with Section 38000)
of the Vehicle Code.
(2) The number of registered street-legal vehicles that are
anticipated to be used off highway, including four-wheel drive
vehicles, all-wheel drive vehicles, and dual-sport motorcycles.
(3) Attendance at the state vehicular recreation areas.
(4) Off-highway recreation use on federal lands as indicated by
the United States Forest Service's National Visitor Use Monitoring
and the United States Bureau of Land Management's Recreation
Management Information System.
(c) It is the intent of the Legislature that transfers from the
Motor Vehicle Fuel Account to the Off-Highway Vehicle Trust Fund
should reflect the full range of motorized vehicle use off highway
for both motorized recreation and motorized off-road access to other
recreation opportunities. Therefore, the Legislature finds that the
fuel tax baseline established in subdivision (b), attributable to
off-highway estimates of use as of the 2006-07 fiscal year, accounts
for the three categories of vehicles that have been found over the
years to be users of fuel for off-highway motorized recreation or
motorized access to nonmotorized recreational pursuits. These three
categories are registered off-highway motorized vehicles, registered
street-legal motorized vehicles used off highway, and unregistered
off-highway motorized vehicles.
(d) It is the intent of the Legislature that the off-highway motor
vehicle recreational use to be determined by the Department of
Transportation pursuant to paragraph (2) of subdivision (b) be that
usage by vehicles subject to registration under Division 3
(commencing with Section 4000) of the Vehicle Code, for recreation or
the pursuit of recreation on surfaces where the use of vehicles
registered under Division 16.5 (commencing with Section 38000) of the
Vehicle Code may occur.
(e) In the 2014-15 fiscal year, the Department of Transportation,
in consultation with the Department of Parks and Recreation and the
Department of Motor Vehicles, shall undertake a study to determine
the appropriate adjustment to the amount transferred pursuant to
subdivision (b) and to update the estimate of the amount attributable
to taxes imposed upon distributions of motor vehicle fuel used in
the operation of motor vehicles off highway and for which a refund
has not been claimed. The department shall provide a copy of this
study to the Legislature no later than January 1, 2016.
SEC. 3. Section 188.8 of the Streets and Highways Code is amended
to read:
188.8. (a) From the funds programmed pursuant to Section 188 for
regional improvement projects, the commission shall approve programs
and program amendments, so that funding is distributed to each county
of County Group No. 1 and in each county of County Group No. 2
during the county share periods commencing July 1, 1997, and ending
June 30, 2004, and each period of four years thereafter. The amount
shall be computed as follows:
(1) The commission shall compute, for the county share periods all
of the money to be expended for regional improvement projects in
County Groups Nos. 1 and 2, respectively, as provided in Section 188.
(2) From the amount computed for County Group No. 1 in paragraph
(1) for the county share periods the commission shall determine the
amount of programming for each county in the group based on a formula
that is based 75 percent on the population of the county to the
total population of County Group No. 1 and 25 percent on state
highway miles in the county to the total state highway miles in
County Group No. 1.
(3) From the amount computed for County Group No. 2 in paragraph
(1) for the county share periods the commission shall determine the
amount of programming for each county in the group based on a formula
that is based 75 percent on the population of the county to the
total population of County Group No. 2 and 25 percent on state
highway miles in the county to the total state highway miles in
County Group No. 2.
(b) Notwithstanding subdivision (a), that portion of the county
population and state highway mileage in El Dorado and Placer Counties
that is included within the jurisdiction of the Tahoe Regional
Planning Agency shall be counted separately toward the area under the
jurisdiction of the Tahoe Regional Transportation Agency and may not
be included in El Dorado and Placer Counties. The commission shall
approve programs, program amendments, and fund reservations for the
area under the jurisdiction of the Tahoe Regional Transportation
Agency that shall be calculated using the formula described in
paragraph (2) of subdivision (a).
(c) A transportation planning agency designated pursuant to
Section 29532 of the Government Code, or a county transportation
commission created by Division 12 (commencing with Section 130000) of
the Public Utilities Code, may adopt a resolution to pool its county
share programming with any county or counties adopting similar
resolutions to consolidate its county shares for two consecutive
county share periods into a single share covering both periods. A
multicounty transportation planning agency with a population of less
than three million may also adopt a resolution to pool the share of
any county or counties within its region. The resolution shall
provide for pooling the county share programming in any of the
pooling counties for the new single share period and shall be
submitted to the commission not later than May 1 immediately
preceding the commencement of the county share period.
(d) For the purposes of this section, funds programmed shall
include the following costs pursuant to subdivision (b) of Section
14529 of the Government Code:
(1) The amounts programmed or budgeted for both components of
project development in the original programmed year.
(2) The amount programmed for right-of-way and right-of-way
support costs in the year programmed in the most recent state
transportation improvement program. If the final estimate is greater
than 120 percent or less than 80 percent of the amount originally
programmed, the amount shall be adjusted for final expenditure
estimates at the time of right-of-way certification.
(3) The engineer's final estimate of project costs, including
construction support, presented to the commission for approval
pursuant to Section 14533 of the Government Code in the year
programmed in the most recent state transportation improvement
program. If the construction contract award amount is less than 80
percent of the engineer's final estimate, excluding construction
support, the department shall notify the commission and the
commission may adjust its project allocation accordingly.
(4) Project costs shown in the program, as amended, where project
allocations have not yet been approved by the commission, escalated
to the date of scheduled project delivery.
(e) Project costs shown in the program may not be changed to
reflect any of the following:
(1) Differences that are within 20 percent of the amount
programmed for actual project development cost.
(2) Differences that are within 20 percent of the amount reported
at the time of allocation pursuant to paragraph (2) of subdivision
(d) for actual right-of-way costs calculated at the time of
acceptance of a project construction contract.
(3) Construction contract award amounts, except when those amounts
are less than 80 percent of the engineer's final estimate, excluding
construction support, and the commission has adjusted the project
construction allocation.
(4) Changes in construction expenditures, except for supplemental
project allocations made by the commission, including supplemental
allocations made pursuant to subdivision (b) of Section 188.9.
(f) For the purposes of this section, the population in each
county is that determined by the last preceding federal census, or a
subsequent census validated by the Population Research Unit of the
Department of Finance, at the beginning of each county share period.
(g) For the purposes of this section, "state highway miles" means
the miles of state highways open to vehicular traffic at the
beginning of each county share period.
(h) It is the intent of the Legislature that there is to be
flexibility in programming under this section and Section 188 so
that, while ensuring that each county will receive an equitable share
of state transportation improvement program funding, the types of
projects selected and the programs from which they are funded may
vary from county to county.
(i) Commencing with the four-year period commencing on July 1,
2004, individual county share shortfalls and surpluses at the end of
each four-year period, if any, shall be carried forward and credited
or debited to the following four years.
(j) The commission, with the consent of the department, may
consider programming projects in the state transportation improvement
program in a county with a population of not more than 1,000,000 at
a level higher or lower than the county share, when the regional
agency either asks to reserve part or all of the county's share until
a future programming year, to build up a larger share for a higher
cost project, or asks to advance an amount of the share, in an amount
not to exceed 200 percent of the county's current share, for a
larger project, to be deducted from shares for future programming
years. After consulting with the department, the commission may
adjust the level of programming in the regional program in the
affected region against the level of interregional programming in the
improvement program to accomplish the reservation or advancement,
for the current state transportation improvement program. The
commission shall keep track of any resulting shortfalls or surpluses
in county shares.
(k) Notwithstanding subdivision (a), in a region defined by
Section 66502 of the Government Code, the transportation planning
agency may adopt a resolution to pool the county share of any county
or counties within the region, if each county receives no less than
85 percent and not more than 115 percent of its county share for a
single county share period and 100 percent of its county share over
two consecutive county share periods. The resolution shall be
submitted to the commission not later than May 1, immediately
preceding the commencement of the county share period.
( l ) Federal funds used for federal demonstration
projects that use federal obligational authority otherwise available
for other projects shall be subtracted from the county share of the
county where the project is located.
SEC. 4. Section 2384 of the Streets and Highways Code is amended
to read:
2384. The commission shall adopt a program of projects to receive
allocations under this chapter. The guidelines for an initial
two-year program of projects shall be adopted within six months of
the enactment of the act enacting this section. The commission shall
adopt the 2015 program of projects no later than December 31, 2015,
and shall adopt each subsequent program not later than April 1 of
each odd-numbered year, but may alternatively elect to adopt a
program annually. Each subsequent program shall cover a period of
four fiscal years, beginning July 1 of the year of adoption, and
shall be a statement of intent by the commission for the allocation
or expenditure of funds during those four fiscal years. The
commission shall form a multidisciplinary advisory group to assist it
in evaluating project applications.
SEC. 5. Section 5205.5 of the Vehicle Code is amended to read:
5205.5. (a) For purposes of implementing Section 21655.9, the
department shall make available for issuance, for a fee determined by
the department to be sufficient to reimburse the department for the
actual costs incurred pursuant to this section, distinctive decals,
labels, and other identifiers that clearly distinguish the following
vehicles from other vehicles:
(1) A vehicle that meets California's super ultra-low emission
vehicle (SULEV) standard for exhaust emissions and the federal
inherently low-emission vehicle (ILEV) evaporative emission standard,
as defined in Part 88 (commencing with Section 88.101-94) of Title
40 of the Code of Federal Regulations.
(2) A vehicle that was produced during the 2004 model-year or
earlier and meets California ultra-low emission vehicle (ULEV)
standard for exhaust emissions and the federal ILEV standard.
(3) A vehicle that meets California's enhanced advanced technology
partial zero-emission vehicle (enhanced AT PZEV) standard or
transitional zero-emission vehicle (TZEV) standard.
(b) The department shall include a summary of the provisions of
this section on each motor vehicle registration renewal notice, or on
a separate insert, if space is available and the summary can be
included without incurring additional printing or postage costs.
(c) The Department of Transportation shall remove individual HOV
lanes, or portions of those lanes, during periods of peak congestion
from the access provisions provided in subdivision (a), following a
finding by the Department of Transportation as follows:
(1) The lane, or portion thereof, exceeds a level of service C, as
discussed in subdivision (b) of Section 65089 of the Government
Code.
(2) The operation or projected operation of the vehicles described
in subdivision (a) in these lanes, or portions thereof, will
significantly increase congestion.
(3) The finding shall also demonstrate the infeasibility of
alleviating the congestion by other means, including, but not limited
to, reducing the use of the lane by noneligible vehicles or further
increasing vehicle occupancy.
(d) The State Air Resources Board shall publish and maintain a
listing of all vehicles eligible for participation in the programs
described in this section. The board shall provide that listing to
the department.
(e) (1) For purposes of subdivision (a), the Department of the
California Highway Patrol and the department, in consultation with
the Department of Transportation, shall design and specify the
placement of the decal, label, or other identifier on the vehicle.
Each decal, label, or other identifier issued for a vehicle shall
display a unique number, which number shall be printed on, or affixed
to, the vehicle registration.
(2) Decals, labels, or other identifiers designed pursuant to this
subdivision for a vehicle described in paragraph (3) of subdivision
(a) shall be distinguishable from the decals, labels, or other
identifiers that are designed for vehicles described in paragraphs
(1) and (2) of subdivision (a).
(f) (1) Except as provided in paragraph (2), for purposes of
paragraph (3) of subdivision (a), the department shall issue no more
than 55,000 distinctive decals, labels, or other identifiers that
clearly distinguish a vehicle specified in paragraph (3) of
subdivision (a).
(2) The department may issue a decal, label, or other identifier
for a vehicle that satisfies all of the following conditions:
(A) The vehicle is of a type identified in paragraph (3) of
subdivision (a).
(B) The owner of the vehicle is the owner of a vehicle for which a
decal, label, or other identifier described in paragraph (1) was
previously issued and that vehicle for which the decal, label, or
other identifier was previously issued is determined by the
department, on the basis of satisfactory proof submitted by the owner
to the department, to be a nonrepairable vehicle or a total loss
salvage vehicle.
(C) The owner of the vehicle applied for a decal, label, or other
identifier pursuant to this paragraph within six months of the date
on which the vehicle for which a decal, label, or other identifier
was previously issued is declared to be a nonrepairable vehicle or a
total loss salvage vehicle.
(g) If the Metropolitan Transportation Commission, serving as the
Bay Area Toll Authority, grants toll-free and reduced-rate passage on
toll bridges under its jurisdiction to a vehicle pursuant to Section
30102.5 of the Streets and Highways Code, it shall also grant the
same toll-free and reduced-rate passage to a vehicle displaying an
identifier issued by the department pursuant to paragraph (1) or (2)
of subdivision (a).
(h) (1) Notwithstanding Section 21655.9, and except as provided in
paragraph (2), a vehicle described in subdivision (a) that displays
a decal, label, or identifier issued pursuant to this section shall
be exempt from toll charges imposed on single-occupant vehicles in
high-occupancy toll lanes as described in Section 149.7 of the
Streets and Highways Code unless prohibited by federal law.
(2) (A) Paragraph (1) does not apply to the imposition of a toll
imposed for passage on a toll road or toll highway, that is not a
high-occupancy toll lane as described in Section 149.7 of the Streets
and Highways Code.
(B) On or before March 1, 2014, paragraph (1) does not apply to
the imposition of a toll imposed for passage in lanes designated for
tolls pursuant to the federally supported value pricing and transit
development demonstration program operated pursuant to Section 149.9
of the Streets and Highways Code for State Highway Route 10 or 110.
(C) Paragraph (1) does not apply to the imposition of a toll
charged for crossing a state-owned bridge.
(i) If the Director of Transportation determines that federal law
does not authorize the state to allow vehicles that are identified by
distinctive decals, labels, or other identifiers on vehicles
described in subdivision (a) to use highway lanes or highway access
ramps for high-occupancy vehicles regardless of vehicle occupancy,
the Director of Transportation shall submit a notice of that
determination to the Secretary of State.
(j) This section shall become inoperative on January 1, 2019, or
the date the federal authorization pursuant to Section 166 of Title
23 of the United States Code expires, or the date the Secretary of
State receives the notice described in subdivision (i), whichever
occurs first, and, as of January 1, 2019, is repealed, unless a later
enacted statute, that becomes operative on or before January 1,
2019, deletes or extends the dates on which it becomes inoperative
and is repealed.
SEC. 6. Section 12801 of the Vehicle Code, as added by Section 10
of Chapter 524 of the Statutes of 2013, is amended to read:
12801. (a) Except as provided in subdivisions (b) and (c) and
Section 12801.9, the department shall require an application for a
driver's license to contain the applicant's social security account
number and any other number or identifier determined to be
appropriate by the department.
(b) An applicant who provides satisfactory proof that his or her
presence in the United States is authorized under federal law, but
who is not eligible for a social security account number, is eligible
to receive an original driver's license if he or she meets all other
qualifications for licensure.
(c) (1) An applicant applying for a driver's license under Section
12801.9, who has never been issued a social security account number
and is not presently eligible for a social security account number,
shall satisfy the requirements of this section if he or she indicates
in the application described in Section 12800, in the manner
prescribed by the department, that he or she has never been issued a
social security account number and is not presently eligible for a
social security account number.
(2) This subdivision shall not apply to applications for a
commercial driver's license. The department shall require all
applications for a commercial driver's license to include the
applicant's social security account number.
(3) Nothing in this section shall be used to consider an
individual's citizenship or immigration status as a basis for a
criminal investigation, arrest, or detention.
(d) The department shall not complete an application for a driver'
s license unless the applicant is in compliance with the requirements
of subdivision (a), (b) or (c).
(e) Notwithstanding any other law, the social security account
number collected on a driver's license application shall not be
displayed on the driver's license including, but not limited to,
inclusion on a magnetic tape or strip used to store data on the
license.
(f) This section shall become operative on January 1, 2015, or on
the date that the director executes a declaration pursuant to Section
12801.11, whichever is sooner.
(g) This section shall become inoperative on the effective date of
a final judicial determination made by any court of appellate
jurisdiction that any provision of the act that
added this section, or its application, either in
whole or in part, is enjoined, found unconstitutional, or held
invalid for any reason. The department shall post this information on
its Internet Web site.
SEC. 7. On or before January 10, 2015, the Department of
Transportation shall prepare a report on advertising on electronic
changeable message signs on the state highway system, and on the
feasibility of a pilot project in that regard, including estimates of
revenue. The report shall be submitted to the budget and appropriate
policy committees of both houses of the Legislature. Pursuant to
Section 10231.5 of the Government Code, this section shall become
inoperative four years after the effective date of this act.
SEC. 8. (a) Notwithstanding subdivision (f) of Section 7104.2 of
the Revenue and Taxation Code or any other provision of law, the
County of Fresno shall have until June 30, 2020, to meet the
maintenance of effort requirement applicable to counties in order to
receive a streets and roads allocation from the Transportation
Investment Fund for the 2009-10 fiscal year, as long as the County of
Fresno continues to provide medical services to indigent individuals
and undocumented individuals consistent with the eligibility and
benefit provisions in effect in the 2013-14 fiscal year.
(b) The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique transportation funding needs in the County of
Fresno.
SEC. 9. The sum of four million nine hundred thirty-four thousand
dollars ($4,934,000) is hereby appropriated from the Motor Vehicle
Account to the Department of the California Highway Patrol to conduct
a pilot project to replace 12 dispatch radio consoles at two
California Highway Patrol communication centers.
SEC. 10. This act is a bill providing for appropriations related
to the Budget Bill within the meaning of subdivision (e) of Section
12 of Article IV of the California Constitution, has been identified
as related to the budget in the Budget Bill, and shall take effect
immediately.