BILL NUMBER: SB 491 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Transportation and Housing (Senators
Beall (Chair), Allen, Bates, Cannella, Gaines, Galgiani, Leyva,
McGuire, Mendoza, Roth, and Wieckowski)
FEBRUARY 26, 2015
An act to amend Sections 14526.5 and 65074 of the Government Code,
to amend Section 44241 of the Health and Safety Code, to amend
Sections 182.6, 182.7, and 890.4 of the Streets and Highways Code,
and to amend Sections 1808, 1808.1, 13558, 16020.1, 16020.2, and
24002 of the Vehicle Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
SB 491, as introduced, Committee on Transportation and Housing.
Transportation: omnibus bill.
(1) Existing law authorizes certain air districts to impose a
vehicle registration fee surcharge to be used for projects and
programs to improve air quality. Existing law, in the area under the
jurisdiction of the Bay Area Air Quality Management District,
requires at least 40% of fee revenues to be proportionately allocated
to each county within the district, and requires an entity receiving
these revenues to hold at least one annual public meeting for the
purpose of adopting criteria for expenditure of the funds and to
review those expenditures.
This bill would delete the requirement for an annual public
meeting to adopt criteria for expenditure of funds, unless the
criteria have been modified from the previous year.
(2) Existing law requires the employers of drivers of certain
types of vehicles, including vehicles for which the driver is
required to have a Class C license with a hazardous materials
endorsement, to enroll these drivers in the pull notice system under
which the Department of Motor Vehicles notifies the employer of
information appearing on a driver's driving record.
This bill would require the employer to enroll in the pull notice
system any driver of a vehicle for which a Class C license with any
endorsement is required.
(3) Existing law, among other things, provides that it is unlawful
to operate any vehicle or vehicle combination that is in an unsafe
condition, or that is not safely loaded, and that presents an
immediate safety hazard, or that is not equipped as required by the
Vehicle Code.
This bill would prohibit a motor carrier from requiring a person
to drive a commercial motor vehicle unless the person, by experience,
training, or both, can determine whether transported cargo,
including passenger baggage, has been properly located, distributed,
and secured, as specified. The bill would prohibit a driver from
operating a commercial motor vehicle unless the driver can
demonstrate familiarity with the methods and procedures for securing
cargo. The bill would also require motor carriers and commercial
motor vehicle drivers to comply with certain federal motor carrier
regulations. Because a violation of these provisions would be a
crime, this bill would impose a state-mandated local program.
(4) Existing law generally requires drivers to show proof of
financial responsibility to register their vehicles or upon the
request of law enforcement, except that those requirements apply to
residents of the Counties of Los Angeles and San Francisco only until
January 1, 2016.
This bill would extend the proof of financial responsibility
requirements to residents of those counties until January 1, 2020.
(5) Existing law classifies bikeways into various categories,
including a Class IV bikeway, also known as a cycle track or
separated bikeway, that provides a right-of-way designated
exclusively for bicycle travel adjacent to a roadway and that is
protected from vehicular traffic.
This bill would revise that description to delete the reference to
a Class IV bikeway being protected from vehicular traffic and
instead provide that it is separated from vehicular traffic.
(6) Existing law requires the Department of Transportation and
regional transportation planning agencies to engage in various
transportation planning activities, including the programming of
transportation improvement projects. Existing federal law requires
projects seeking federal funds to be in compliance with certain
federal planning and programming requirements.
This bill would revise these provisions to refer to the current
names of certain federal transportation programming documents, and
would make various modifications to the dates by which regional
transportation planning agencies and the department are required to
adopt those documents.
(7) Existing law requires the Department of Transportation to
prepare a state highway operation and protection program every other
year for the expenditure of transportation capital improvement funds
for projects that are necessary to preserve and protect the state
highway system, excluding projects that add new traffic lanes.
Existing law, for each project in the program, requires the
department to specify capital and support budgets as well as a
projected delivery date for certain project phases.
This bill would delete the requirement for the department to
specify a projected delivery date for a project's construction phase.
(8) This bill would also correct several erroneous
cross-references.
(9) 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 no reimbursement is required by this
act for a specified reason.
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 14526.5 of the Government Code is amended to
read:
14526.5. (a) Based on the asset management plan prepared and
approved pursuant to Section 14526.4, the department shall prepare a
state highway operation and protection program for the expenditure of
transportation funds for major capital improvements that are
necessary to preserve and protect the state highway system. Projects
included in the program shall be limited to capital improvements
relative to maintenance, safety, and rehabilitation of state highways
and bridges that do not add a new traffic lane to the system.
(b) The program shall include projects that are expected to be
advertised prior to July 1 of the year following submission of the
program, but which have not yet been funded. The program shall
include those projects for which construction is to begin within four
fiscal years, starting July 1 of the year following the year the
program is submitted.
(c) The department, at a minimum, shall specify, for each project
in the state highway operation and protection program, the capital
and support budget for each of the following project components
, as well as a projected delivery date,
date for each of the following project
components (1), (2), and (3) :
(1) Completion of project approval and environmental documents.
(2) Preparation of plans, specifications, and estimates.
(3) Acquisition of rights-of-way, including, but not limited to,
support activities.
(4) Construction.
(d) The program shall be submitted to the commission not later
than January 31 of each even-numbered year. Prior to submitting the
plan, the department shall make a draft of its proposed program
available to transportation planning agencies for review and comment
and shall include the comments in its submittal to the commission.
(e) The commission may review the program relative to its overall
adequacy, consistency with the asset management plan prepared and
approved pursuant to Section 14526.4 and funding priorities
established in Section 167 of the Streets and Highways Code, the
level of annual funding needed to implement the program, and the
impact of those expenditures on the state transportation improvement
program. The commission shall adopt the program and submit it to the
Legislature and the Governor not later than April 1 of each
even-numbered year. The commission may decline to adopt the program
if the commission determines that the program is not sufficiently
consistent with the asset management plan prepared and approved
pursuant to Section 14526.4.
(f) Expenditures for these projects shall not be subject to
Sections 188 and 188.8 of the Streets and Highways Code.
SEC. 2. Section 65074 of the Government Code is amended to read:
65074. The Department of Transportation shall prepare, in
cooperation with the metropolitan planning agencies
organizations , a federal statewide
transportation improvement program in accordance with subsection
(f) (g) of Section 135 of Title 23 of
the United States Code. The federal statewide
transportation improvement program shall be submitted by the
department to the United States Secretary of Transportation, by
October December 1 of each even-numbered
year.
SEC. 3. Section 44241 of the Health and Safety Code is amended to
read:
44241. (a) Fee revenues generated under this chapter in the bay
district shall be subvened to the bay district by the Department of
Motor Vehicles after deducting its administrative costs pursuant to
Section 44229.
(b) Fee revenues generated under this chapter shall be allocated
by the bay district to implement the following mobile source and
transportation control projects and programs that are included in the
plan adopted pursuant to Sections 40233, 40717, and 40919:
(1) The implementation of ridesharing programs.
(2) The purchase or lease of clean fuel buses for school districts
and transit operators.
(3) The provision of local feeder bus or shuttle service to rail
and ferry stations and to airports.
(4) Implementation and maintenance of local arterial traffic
management, including, but not limited to, signal timing, transit
signal preemption, bus stop relocation and "smart streets."
(5) Implementation of rail-bus integration and regional transit
information systems.
(6) Implementation of demonstration projects in telecommuting and
in congestion pricing of highways, bridges, and public transit. No
funds expended pursuant to this paragraph for telecommuting projects
shall be used for the purchase of personal computing equipment for an
individual's home use.
(7) Implementation of vehicle-based projects to reduce mobile
source emissions, including, but not limited to, engine repowers,
engine retrofits, fleet modernization, alternative fuels, and
advanced technology demonstrations.
(8) Implementation of a smoking vehicles program.
(9) Implementation of an automobile buy-back scrappage program
operated by a governmental agency.
(10) Implementation of bicycle facility improvement projects that
are included in an adopted countywide bicycle plan or congestion
management program.
(11) The design and construction by local public agencies of
physical improvements that support development projects that achieve
motor vehicle emission reductions. The projects and the physical
improvements shall be identified in an approved area-specific plan,
redevelopment plan, general plan, or other similar plan.
(c) (1) Fee revenue generated under this chapter shall be
allocated by the bay district for projects and programs specified in
subdivision (b) to cities, counties, the Metropolitan Transportation
Commission, transit districts, or any other public agency responsible
for implementing one or more of the specified projects or programs.
Fee revenue generated under this chapter may also be allocated by the
bay district for projects and programs specified in paragraph (7) of
subdivision (b) to entities that include, but are not limited to,
public agencies, consistent with applicable policies adopted by the
governing board of the bay district. Those policies shall include,
but are not limited to, requirements for cost-sharing for projects
subject to the policies. Fee revenues shall not be used for any
planning activities that are not directly related to the
implementation of a specific project or program.
(2) The bay district shall adopt cost-effectiveness criteria for
fee revenue generated under this chapter that projects and programs
are required to meet. The cost-effectiveness criteria shall maximize
emissions reductions and public health benefits.
(d) Not less than 40 percent of fee revenues shall be allocated to
the entity or entities designated pursuant to subdivision (e) for
projects and programs in each county within the bay district based
upon the county's proportionate share of fee-paid vehicle
registration.
(e) In each county, one or more entities may be designated as the
overall program manager for the county by resolutions adopted by the
county board of supervisors and the city councils of a majority of
the cities representing a majority of the population in the
incorporated area of the county. The resolution shall specify the
terms and conditions for the expenditure of funds. The entities so
designated shall be allocated the funds pursuant to subdivision (d)
in accordance with the terms and conditions of the resolution.
(f) Any county, or entity designated pursuant to subdivision (e),
that receives funds pursuant to this section, at least once a year,
shall hold one or more public meetings for the purpose of adopting
criteria for expenditure of the funds funds,
if the criteria have been modified in any way from the previous year,
and to review the expenditure of revenues received pursuant to
this section by any designated entity. If any county or entity
designated pursuant to subdivision (e) that receives funds pursuant
to this section has not allocated all of those funds within six
months of the date of the formal approval of its expenditure plan by
the bay district, the bay district shall allocate the unallocated
funds in accordance with subdivision (c).
SEC. 4. Section 182.6 of the Streets and Highways Code is amended
to read:
182.6. (a) Notwithstanding Sections 182 and 182.5, Sections 188,
188.8, and 825 do not apply to the expenditure of an amount of
federal funds equal to the amount of federal funds apportioned to the
state pursuant to that portion of subsection (b)(3) of Section 104,
subsections (a) and (c) of Section 157, and subsection (d) of Section
160 of Title 23 of the United States Code that is allocated within
the state subject to subsection (d)(3) of Section 133 of that code.
These funds shall be known as the regional surface transportation
program funds. The department, the transportation planning agencies,
the county transportation commissions, and the metropolitan planning
organizations may do all things necessary in their jurisdictions to
secure and expend those federal funds in accordance with the intent
of federal law and this chapter.
(b) The regional surface transportation program funds shall be
apportioned by the department to the metropolitan planning
organizations designated pursuant to Section 134 of Title 23 of the
United States Code and, in areas where none has been designated, to
the transportation planning agency designated pursuant to Section
29532 or 29532.1 of the Government Code. The funds shall
be apportioned in the manner and in accordance with the formula set
forth in subsection (d)(3) of Section 133 of Title 23 of the United
States Code, except that the apportionment shall be among all areas
of the state. Funds apportioned under this subdivision shall remain
available for three federal fiscal years, including the federal
fiscal year apportioned.
(c) Where county transportation commissions have been created by
Division 12 (commencing with Section 130000) of the Public Utilities
Code, all regional surface transportation program funds shall be
further apportioned by the metropolitan planning organization to the
county transportation commission on the basis of relative population.
In the Monterey Bay region, all regional surface transportation
program funds shall be further apportioned, on the basis of relative
population, by the metropolitan planning organization to the regional
transportation planning agencies designated under subdivision (b) of
Section 29532 of the Government Code.
(d) The applicable metropolitan planning organization, county
transportation commission, or transportation planning agency shall
annually apportion the regional surface transportation program funds
for projects in each county, as follows:
(1) An amount equal to the amount apportioned under the
federal-aid urban program in federal fiscal year 1990-91 adjusted for
population. The adjustment for population shall be based on the
population determined in the 1990 federal census except that no
county shall be apportioned less than 110 percent of the
apportionment received in the 1990-91 fiscal year. These funds shall
be apportioned for projects implemented by cities, counties, and
other transportation agencies on a fair and equitable basis based
upon an annually updated five-year average of allocations. Projects
shall be nominated by cities, counties, transit operators, and other
public transportation agencies through a process that directly
involves local government representatives.
(2) An amount not less than 110 percent of the amount that the
county was apportioned under the federal-aid secondary program in
federal fiscal year 1990-91, for use by that county.
(e) The department shall notify each metropolitan planning
organization, county transportation commission, and transportation
planning agency receiving an apportionment under this section, as
soon as possible each year, of the amount of obligation
obligational authority estimated to be available
for program purposes.
The metropolitan planning organization and transportation planning
agency, in cooperation with the department, congestion management
agencies, cities, counties, and affected transit operators, shall
select and program projects in conformance with federal law. The
metropolitan planning organization and transportation planning agency
shall submit its federal transportation improvement
program prepared pursuant to Section 134 of Title 23 of the United
States Code to the department for incorporation into the
state federal statewide transportation
improvement program not later than August
October 1 of each even-numbered year beginning in 1994
. The federal transportation improvement program
shall, at a minimum, include the years covered by the federal
statewide transportation improvement program.
(f) Not later than July 1 of each year, the metropolitan planning
organizations, and the regional transportation planning agencies,
receiving obligational authority under this article shall notify the
department of the projected amount of obligational authority that
each entity intends to use during the remainder of the current
federal fiscal year, including, but not limited to, a list of
projects that will be obligated by the end of the current federal
fiscal year. Any federal obligational authority that will not be used
shall be redistributed by the department to other projects in a
manner that ensures that the state will continue to compete for and
receive increased obligational authority during the federal
redistribution of obligational authority. If the department does not
have sufficient federal apportionments to fully use excess
obligational authority, the metropolitan planning organizations or
regional transportation planning agencies relinquishing obligational
authority shall make sufficient apportionments available to the
department to fund alternate projects, when practical, within the
geographical areas relinquishing the obligational authority.
Notwithstanding this subdivision, the department shall comply with
subsections (d)(3) and (f) of Section 133 of Title 23 of the United
States Code.
(g) A regional transportation planning agency that is not
designated as, nor represented by, a metropolitan planning
organization with an urbanized area population greater than 200,000
pursuant to the 1990 federal census may exchange its annual
apportionment received pursuant to this section on a
dollar-for-dollar basis for nonfederal State Highway Account funds,
which shall be apportioned in accordance with subdivision (d).
(h) (1) If a regional transportation planning agency described in
subdivision (g) does not elect to exchange its annual apportionment,
a county located within the boundaries of that regional
transportation planning agency may elect to exchange its annual
apportionment received pursuant to paragraph (2) of subdivision (d)
for nonfederal State Highway Account funds.
(2) A county not included in a regional transportation planning
agency described in subdivision (g), whose apportionment pursuant to
paragraph (2) of subdivision (d) was less than 1 percent of the total
amount apportioned to all counties in the state, may exchange its
apportionment for nonfederal State Highway Account funds. If the
apportionment to the county was more than 31/2 percent of the total
apportioned to all counties in the state, it may exchange that
portion of its apportionment in excess of 31/2 percent for nonfederal
State Highway Account funds. Exchange funds received by a county
pursuant to this section may be used for any transportation purpose.
(i) The department shall be responsible for closely monitoring the
use of federal transportation funds, including regional surface
transportation program funds to assure full and timely use. The
department shall prepare a quarterly report for submission to the
commission regarding the progress in use of all federal
transportation funds. The department shall notify the commission and
the appropriate implementation agency whenever there is a failure to
use federal funds within the three-year apportionment period
established under subdivision (b).
(j) The department shall provide written notice to implementing
agencies when there is one year remaining within the three-year
apportionment period established under subdivision (b) of this
section.
(k) Within six months of the date of notification required under
subdivision (j), the implementing agency shall provide to the
department a plan to obligate funds that includes, but need not be
limited to, a list of projects and milestones.
( l ) If the implementing agency has not met the
milestones established in the implementation plan required under
subdivision (k), prior to the end of the three-year apportionment
period established under subdivision (b), the commission shall
redirect those funds for use on other transportation projects in the
state.
(m) Notwithstanding subdivisions (g) and (h), regional surface
transportation program funds available under this section exchanged
pursuant to Section 182.8 may be loaned to and expended by the
department. The department shall repay from the State Highway Account
to the Traffic Congestion Relief Fund all funds received as federal
reimbursements for funds exchanged under Section 182.8 as they are
received from the Federal Highway Administration, except that those
repayments are not required to be made more frequently than on a
quarterly basis.
(n) Prior to determining the amount for local subvention required
by this section, the department shall first deduct the amount
authorized by the Legislature for increased department oversight of
the federal subvented program.
SEC. 5. Section 182.7 of the Streets and Highways Code is amended
to read:
182.7. (a) Notwithstanding Sections 182 and 182.5, Sections 188,
188.8, and 825 do not apply to the expenditure of an amount of
federal funds equal to the amount of federal funds apportioned to the
state pursuant to Section 104(b)(4) of Title 23 of the United States
Code. These funds shall be known as the congestion mitigation and
air quality improvement program funds and shall be expended in
accordance with Section 149 of Title 23 of the United States Code,
including the requirements relating to particulate matter less than
2.5 micrometers in diameter in subsections (g) and (k) of the
section. The department, the transportation planning agencies, and
the metropolitan planning organizations may do all things necessary
in their jurisdictions to secure and expend those federal funds in
accordance with the intent of federal law and this chapter.
(b) The congestion mitigation and air quality improvement program
funds shall be apportioned by the department to the metropolitan
planning organizations designated pursuant to Section 134 of Title 23
of the United States Code and, in areas where none has been
designated, to the transportation planning agency
established designated by Section 29532 or
29532.1 of the Government Code. All funds apportioned to the state
pursuant to Section 104(b)(4) of Title 23 of the United States Code
shall be apportioned to metropolitan planning organizations and
transportation planning agencies responsible for air quality
conformity determinations in federally designated air quality
nonattainment and maintenance areas within the state as follows:
(1) The department shall apportion these funds in the ratio that
the weighted nonattainment and maintenance population in each
federally designated area within the state bears to the total of all
weighted nonattainment and maintenance area populations in the state.
(2) Subject to paragraph (3), the weighted nonattainment and
maintenance area population shall be calculated by multiplying the
population of each area in the state that is a nonattainment area or
maintenance area as described in Section 149(b) of Title 23 of the
United States Code for ozone or carbon monoxide by the following
factors:
(A) A factor of 1.0, if, at the time of apportionment, the area is
a maintenance area.
(B) A factor of 1.0, if, at the time of the apportionment, the
area is classified as a marginal ozone nonattainment area under
Subpart 2 of Part D of Title I of the Clean Air Act (42 U.S.C. Sec.
7511 et seq.).
(C) A factor of 1.1, if, at the time of the apportionment, the
area is classified as a moderate ozone nonattainment area under
Subpart 2 of Part D of Title I of the Clean Air Act (42 U.S.C. Sec.
7511 et seq.).
(D) A factor of 1.2, if, at the time of the apportionment, the
area is classified as a serious ozone nonattainment area under
Subpart 2 of Part D of Title I of the Clean Air Act (42 U.S.C. Sec.
7511 et seq.).
(E) A factor of 1.3, if, at the time of the apportionment, the
area is classified as a severe ozone nonattainment area under Subpart
2 of Part D of Title I of the Clean Air Act (42 U.S.C. Sec. 7511 et
seq.).
(F) A factor of 1.4, if, at the time of the apportionment, the
area is classified as an extreme ozone nonattainment area under
Subpart 2 of Part D of Title I of the Clean Air Act (42 U.S.C. Sec.
7511 et seq.).
(G) A factor of 1.0, if, at the time of the apportionment, the
area is not a nonattainment or maintenance area for ozone, but is
classified under Subpart 3 of Part D of Title I of the Clean Air Act
(42 U.S.C. Sec. 7512 et seq.) as a nonattainment area for carbon
monoxide.
(H) A factor of 1.0, if, at the time of the apportionment, an area
is designated as a nonattainment area for ozone under Subpart 1 of
Part D of Title I of the Clean Air Act (42 U.S.C. Sec. 7512 et seq.).
(3) If, in addition to being designated as a nonattainment or
maintenance area for ozone as described in paragraph (2), any county
within the area is also classified under Subpart 3 of Part D of Title
I of the Clean Air Act (42 U.S.C. Sec. 7512 et seq.) as a
nonattainment or maintenance area described in paragraph (2) for
carbon monoxide, the weighted nonattainment or maintenance area
population of the county, as determined under subparagraphs (A) to
(F), inclusive, or subparagraph (H) of paragraph (2), shall be
further multiplied by a factor of 1.2.
(4) Funds allocated under this subdivision shall remain available
for three federal fiscal years, including the federal fiscal year
apportioned.
(c) Notwithstanding subdivision (b), where county transportation
commissions have been created by Division 12 (commencing with Section
130000) of the Public Utilities Code, all congestion mitigation and
air quality improvement program funds shall be further apportioned by
the metropolitan planning organization to the county transportation
commission on the basis of relative population within the federally
designated air quality nonattainment and maintenance areas after
first apportioning to the nonattainment and maintenance areas in the
manner and in accordance with the formula set forth in subdivision
(b).
In the Monterey Bay region, all congestion mitigation and air
quality improvement program funds shall be further apportioned, on
the basis of relative population, by the metropolitan planning
organization to the regional transportation planning agencies
designated under subdivision (b) of Section 29532 of the Government
Code.
(d) The department shall notify each metropolitan planning
organization, transportation planning agency, and county
transportation commission receiving an apportionment under this
section, as soon as possible each year, of the amount of obligational
authority estimated to be available for expenditure from the federal
apportionment. The metropolitan planning organizations,
transportation planning agencies, and county transportation
commissions, in cooperation with the department, congestion
management agencies, cities and counties, and affected transit
operators, shall select and program projects in conformance with
federal law. Each metropolitan planning organization and
transportation planning agency shall, not later than August
October 1 of each even-numbered year
beginning in 1994 , submit its federal
transportation improvement program prepared pursuant to Section 134
of Title 23 of the United States Code to the department for
incorporation into the state federal
statewide transportation improvement program. Federal
transportation improvement programs shall, at a minimum, include the
years covered by the federal statewide transportation improvement
program.
(e) Not later than July 1 of each year, the metropolitan planning
organizations and the regional transportation planning agencies
receiving obligational authority under this section, shall notify the
department of the projected amount of obligational authority that
each entity intends to use during the remainder of the current
federal fiscal year, including, but not limited to, a list of
projects that will use the obligational authority. Any federal
obligational authority that will not be used shall be redistributed
by the department to other projects in a manner that ensures that the
state will continue to compete for and receive increased
obligational authority during the federal redistribution of
obligational authority. If the department does not have sufficient
federal apportionments to fully use excess obligational authority,
the metropolitan planning organization or transportation planning
agency relinquishing obligational authority shall make sufficient
funding available to the department to fund alternate projects, when
practical, within the geographical areas relinquishing the
obligational authority. Notwithstanding this subdivision, the
department shall comply with subsection (f) of Section 133 of Title
23 of the United States Code.
(f) The department shall be responsible for closely monitoring the
use of federal transportation funds, including congestion management
and air quality improvement program funds to assure full and timely
use. The department shall prepare a quarterly report for submission
to the commission regarding the progress in use of all federal
transportation funds. The department shall notify the commission and
the appropriate implementation agency whenever there is a failure to
use federal funds within the three-year apportionment period
established under paragraph (4) of subdivision (b).
(g) The department shall provide written notice to implementing
agencies when there is one year remaining within the three-year
apportionment period established under paragraph (4) of subdivision
(b).
(h) Within six months of the date of notification required under
subdivision (g), the implementing agency shall provide to the
department a plan to obligate funds that
includes, but need not be limited to, a list of
projects and milestones.
(i) If the implementing agency has not met the milestones
established in the implementation plan required under subdivision
(h), prior to the end of the three-year apportionment period
established under paragraph (4) of subdivision (b), the commission
shall redirect those funds for use on other transportation projects
in the state.
(j) Congestion mitigation and air quality improvement program
funds available under this section exchanged pursuant to Section
182.8 may be loaned to and expended by the department. The department
shall repay from the State Highway Account to the Traffic Congestion
Relief Fund all funds received as federal reimbursements for funds
exchanged under Section 182.8 as they are received from the Federal
Highway Administration, except that those repayments are not required
to be made more frequently than on a quarterly basis.
(k) Prior to determining the amount for local subvention required
by this section, the department shall first deduct the amount
authorized by the Legislature for increased department oversight of
the federal subvented program.
SEC. 6. Section 890.4 of the Streets and Highways Code is amended
to read:
890.4. As used in this article, "bikeway" means all facilities
that provide primarily for, and promote, bicycle travel. For purposes
of this article, bikeways shall be categorized as follows:
(a) Bike paths or shared use paths, also referred to as "Class I
bikeways," which provide a completely separated right-of-way
designated for the exclusive use of bicycles and pedestrians with
crossflows by motorists minimized.
(b) Bike lanes, also referred to as "Class II bikeways," which
provide a restricted right-of-way designated for the exclusive or
semiexclusive use of bicycles with through travel by motor vehicles
or pedestrians prohibited, but with vehicle parking and crossflows by
pedestrians and motorists permitted.
(c) Bike routes, also referred to as "Class III bikeways," which
provide a right-of-way on-street or off-street, designated by signs
or permanent markings and shared with pedestrians and motorists.
(d) Cycle tracks or separated bikeways, also referred to as "Class
IV bikeways," which promote active transportation and provide a
right-of-way designated exclusively for bicycle travel adjacent to a
roadway and which are protected s
eparated from vehicular traffic. Types of separation include,
but are not limited to, grade separation, flexible posts, inflexible
physical barriers, or on-street parking.
SEC. 7. Section 1808 of the Vehicle Code is amended to read:
1808. (a) Except where a specific provision of law prohibits the
disclosure of records or information or provides for confidentiality,
all records of the department relating to the registration of
vehicles, other information contained on an application for a driver'
s license, abstracts of convictions, and abstracts of accident
reports required to be sent to the department in Sacramento, except
for abstracts of accidents where, in the opinion of a reporting
officer, another individual was at fault, shall be open to public
inspection during office hours. All abstracts of accident reports
shall be available to law enforcement agencies and courts of
competent jurisdiction.
(b) The department shall make available or disclose abstracts of
convictions and abstracts of accident reports required to be sent to
the department in Sacramento, as described in subdivision (a), if the
date of the occurrence is not later than the following:
(1) Ten years for a violation pursuant to Section 23140, 23152, or
23153.
(2) Seven years for a violation designated as two points pursuant
to Section 12810, except as provided in paragraph (1) of this
subdivision.
(3) Three years for accidents and all other violations.
(c) The department shall make available or disclose suspensions
and revocations of the driving privilege while the suspension or
revocation is in effect and for three years following termination of
the action or reinstatement of the privilege, except that driver's
license suspension actions taken pursuant to Sections 13202.6 and
13202.7, Section 17520 of the Family Code, or Section 256
or former Section 11350.6 of the Welfare and Institutions
Code shall be disclosed only during the actual time period in which
the suspension is in effect.
(d) The department shall not make available or disclose a
suspension or revocation that has been judicially set aside or
stayed.
(e) The department shall not make available or disclose personal
information about a person unless the disclosure is in compliance
with the Driver's Privacy Protection Act of 1994 (18 U.S.C. Sec. 2721
et seq.). However, a disclosure is subject to the prohibition in
paragraph (2) of subdivision (a) of Section 12800.5.
(f) The department shall make available or disclose to the courts
and law enforcement agencies a conviction of Section 23103, as
specified in Section 23103.5, or a conviction of Section 23140,
23152, or 23153, or Section 655 of the Harbors and Navigation Code,
or paragraph (1) of subdivision (c) of Section 192 of the Penal Code
for a period of 10 years from the date of the offense for the purpose
of imposing penalties mandated by this code, or by other applicable
provisions of California law.
(g) The department shall make available or disclose to the courts
and law enforcement agencies a conviction of Section 191.5, or
subdivision (a) of Section 192.5 of the Penal Code, punished as a
felony, for the purpose of imposing penalties mandated by Section
23550.5, or by other applicable provisions of California law.
SEC. 8. Section 1808.1 of the Vehicle Code is amended to read:
1808.1. (a) The prospective employer of a driver who drives a
vehicle specified in subdivision (k) shall obtain a report showing
the driver's current public record as recorded by the department. For
purposes of this subdivision, a report is current if it was issued
less than 30 days prior to the date the employer employs the driver.
The report shall be reviewed, signed, and dated by the employer and
maintained at the employer's place of business until receipt of the
pull-notice system report pursuant to subdivisions (b) and (c). These
reports shall be presented upon request to an authorized
representative of the Department of the California Highway Patrol
during regular business hours.
(b) The employer of a driver who drives a vehicle specified in
subdivision (k) shall participate in a pull-notice system, which is a
process for the purpose of providing the employer with a report
showing the driver's current public record as recorded by the
department, and any subsequent convictions, failures to appear,
accidents, driver's license suspensions, driver's license
revocations, or any other actions taken against the driving privilege
or certificate, added to the driver's record while the employer's
notification request remains valid and uncanceled. As used in this
section, participation in the pull-notice system means obtaining a
requester code and enrolling all employed drivers who drive a vehicle
specified in subdivision (k) under that requester code.
(c) The employer of a driver of a vehicle specified in subdivision
(k) shall, additionally, obtain a periodic report from the
department at least every 12 months. The employer shall verify that
each employee's driver's license has not been suspended or revoked,
the employee's traffic violation point count, and whether the
employee has been convicted of a violation of Section 23152 or 23153.
The report shall be signed and dated by the employer and maintained
at the employer's principal place of business. The report shall be
presented upon demand to an authorized representative of the
Department of the California Highway Patrol during regular business
hours.
(d) Upon the termination of a driver's employment, the employer
shall notify the department to discontinue the driver's enrollment in
the pull-notice system.
(e) For the purposes of the pull-notice system and periodic report
process required by subdivisions (b) and (c), an owner, other than
an owner-operator as defined in Section 34624, and an employer who
drives a vehicle described in subdivision (k) shall be enrolled as if
he or she were an employee. A family member and a volunteer driver
who drives a vehicle described in subdivision (k) shall also be
enrolled as if he or she were an employee.
(f) An employer who, after receiving a driving record pursuant to
this section, employs or continues to employ as a driver a person
against whom a disqualifying action has been taken regarding his or
her driving privilege or required driver's certificate, is guilty of
a public offense, and upon conviction thereof, shall be punished by
confinement in a county jail for not more than six months, by a fine
of not more than one thousand dollars ($1,000), or by both that
confinement and fine.
(g) As part of its inspection of bus maintenance facilities and
terminals required at least once every 13 months pursuant to
subdivision (c) of Section 34501, the Department of the California
Highway Patrol shall determine whether each transit operator, as
defined in Section 99210 of the Public Utilities Code, is then in
compliance with this section and Section 12804.6, and shall certify
each operator found to be in compliance. Funds shall not be allocated
pursuant to Chapter 4 (commencing with Section 99200) of Part 11 of
Division 10 of the Public Utilities Code to a transit operator that
the Department of the California Highway Patrol has not certified
pursuant to this section.
(h) (1) A request to participate in the pull-notice system
established by this section shall be accompanied by a fee determined
by the department to be sufficient to defray the entire actual cost
to the department for the notification service. For the receipt of
subsequent reports, the employer shall also be charged a fee
established by the department pursuant to Section 1811. An employer
who qualifies pursuant to Section 1812 shall be exempt from any fee
required pursuant to this section. Failure to pay the fee shall
result in automatic cancellation of the employer's participation in
the notification services.
(2) A regularly organized fire department, having official
recognition of the city, county, city and county, or district in
which the department is located, shall participate in the pull-notice
program and shall not be subject to the fee established pursuant to
this subdivision.
(3) The Board of Pilot Commissioners for Monterey Bay and the Bays
of San Francisco, San Pablo, and Suisun, and its port agent shall
participate in the pull-notice system established by this section,
subject to Section 1178.5 of the Harbors and Navigation Code, and
shall not be subject to the fees established pursuant to this
subdivision.
(i) The department, as soon as feasible, may establish an
automatic procedure to provide the periodic reports to an employer by
mail or via an electronic delivery method, as required by
subdivision (c), on a regular basis without the need for individual
requests.
(j) (1) The employer of a driver who is employed as a casual
driver is not required to enter that driver's name in the pull-notice
system, as otherwise required by subdivision (a). However, the
employer of a casual driver shall be in possession of a report of the
driver's current public record as recorded by the department, prior
to allowing a casual driver to drive a vehicle specified in
subdivision (k). A report is current if it was issued less than six
months prior to the date the employer employs the driver.
(2) For the purposes of this subdivision, a driver is employed as
a casual driver when the employer has employed the driver less than
30 days during the preceding six months. "Casual driver" does not
include a driver who operates a vehicle that requires a passenger
transportation endorsement.
(k) This section applies to a vehicle for the operation of which
the driver is required to have a class A or class B driver's license,
a class C license with a hazardous materials
any endorsement issued pursuant to Section 15278 ,
a class C license issued pursuant to Section 12814.7, or a
certificate issued pursuant to Section 12517, 12519, 12520, 12523,
12523.5, or 12527, or a passenger vehicle having a seating capacity
of not more than 10 persons, including the driver, operated for
compensation by a charter-party carrier of passengers or passenger
stage corporation pursuant to a certificate of public convenience and
necessity or a permit issued by the Public Utilities Commission.
( l ) This section shall not be construed to change the
definition of "employer," "employee," or "independent contractor"
for any purpose.
(m) A motor carrier who contracts with a person to drive a vehicle
described in subdivision (k) that is owned by, or leased to, that
motor carrier, shall be subject to subdivisions (a), (b), (c), (d),
(f), (j), (k), and ( l ) and the employer obligations in
those subdivisions.
(n) Reports issued pursuant to this section, but only those for a
driver of a taxicab engaged in transportation services as described
in subdivision (a) of Section 53075.5 of the Government Code, shall
be presented upon request, during regular business hours, to an
authorized representative of the administrative agency responsible
for issuing permits to taxicab transportation services pursuant to
Section 53075.5 of the Government Code.
SEC. 9. Section 13558 of the Vehicle Code is amended to read:
13558. (a) Any person, who has received a notice of an order of
suspension or revocation of the person's privilege to operate a motor
vehicle pursuant to Section 13353, 13353.1, 13353.2, 13388, 23612,
or 13382 or a notice pursuant to Section 13557, may request a hearing
on the matter pursuant to Article 3 (commencing with Section 14100)
of Chapter 3, except as otherwise provided in this section.
(b) If the person wishes to have a hearing before the effective
date of the order of suspension or revocation, the request for a
hearing shall be made within 10 days of the receipt of the notice of
the order of suspension or revocation. The hearing shall be held at a
place designated by the department as close as practicable to the
place where the arrest occurred, unless the parties agree to a
different location. Any evidence at the hearing shall not be limited
to the evidence presented at an administrative review pursuant to
Section 13557.
(c) (1) The only issues at the hearing on an order of suspension
or revocation pursuant to Section 13353 or 13353.1 shall be those
facts listed in paragraph (1) of subdivision (b) of Section 13557.
Notwithstanding Section 14106, the period of suspension or revocation
specified in Section 13353 or 13353.1 shall not be reduced and,
notwithstanding Section 14105.5, the effective date of the order of
suspension or revocation shall not be stayed pending review at a
hearing pursuant to this section.
(2) The only issues at the hearing on an order of suspension
pursuant to Section 13353.2 shall be those facts listed in paragraph
(2) (3) of subdivision (b) of Section
13557. Notwithstanding Section 14106, the period of suspension
specified in Section 13353.3 shall not be reduced.
(d) The department shall hold the administrative hearing before
the effective date of the order of suspension or revocation if the
request for the hearing is postmarked or received by the department
on or before 10 days after the person's receipt of the service of the
notice of the order of suspension or revocation pursuant to Section
13353.2, 13388, 23612, or 13382.
(e) A request for an administrative hearing does not stay the
suspension or revocation of a person's privilege to operate a motor
vehicle. If the department does not conduct an administrative hearing
and make a determination after an administrative hearing within the
time limit in subdivision (d), the department shall stay the
effective date of the order of suspension or revocation pending the
determination and, if the person's driver's license has been taken by
the peace officer pursuant to Section 13388, 23612, or 13382, the
department shall notify the person before the expiration date of the
temporary permit issued pursuant to Section 13388, 23612, or 13382,
or the expiration date of any previous extension issued pursuant to
this subdivision, provided the person is otherwise eligible, in a
form that permits the person to establish to any peace officer that
his or her privilege to operate a motor vehicle is not suspended or
revoked.
(f) The department shall give written notice of its determination
pursuant to Section 14105. If the department determines, upon a
hearing of the matter, to suspend or revoke the person's privilege to
operate a motor vehicle, notwithstanding the term of any temporary
permit issued pursuant to Section 13388, 23612, or 13382, the
temporary permit shall be revoked and the suspension or revocation of
the person's privilege to operate a motor vehicle shall become
effective five days after notice is given. If the department sustains
the order of suspension or revocation, the department shall include
notice that the person has a right to review by the court pursuant to
Section 13559.
(g) A determination of facts by the department upon a hearing
pursuant to this section has no collateral estoppel effect on a
subsequent criminal prosecution and does not preclude litigation of
those same facts in the criminal proceeding.
SEC. 10. Section 16020.1 of the Vehicle Code is amended to read:
16020.1. (a) On and after January 1, 2016,
2020, Section 4000.37 does not apply to vehicle owners
with a residence address in the County of Los Angeles at the time of
registration renewal.
(b) On and after January 1, 2016, 20
20, subdivisions (a) and (b) of Section 16028 do not
apply to a person who drives a motor vehicle upon a highway in the
County of Los Angeles.
SEC. 11. Section 16020.2 of the Vehicle Code is amended to read:
16020.2. (a) On and after January 1, 2016,
2020, Section 4000.37 does not apply to vehicle owners
with a residence address in the City and County of San Francisco at
the time of registration renewal.
(b) On and after January 1, 2016, 2020,
subdivisions (a) and (b) of Section 16028 do not apply to a
person who drives a motor vehicle upon a highway in the City and
County of San Francisco.
SEC. 12. Section 24002 of the Vehicle Code is amended to read:
24002. (a) It is unlawful to operate any vehicle or combination
of vehicles which is in an unsafe condition, or which is not safely
loaded, and which presents an immediate safety hazard.
(b) It is unlawful to operate any vehicle or combination of
vehicles which is not equipped as provided in this code.
(c) A motor carrier shall not require a person to drive a
commercial motor vehicle unless the person, by reason of experience,
training, or both, is able to determine whether the cargo being
transported, including baggage in a passenger-carrying commercial
vehicle, has been properly located, distributed, and secured in or on
the vehicle.
(d) A driver shall not operate a commercial motor vehicle unless
the driver, by reason of experience, training, or both, is able to
demonstrate familiarity with the methods and procedures for securing
cargo, including baggage in a passenger-carrying commercial vehicle,
in or on the vehicle.
(e) A motor carrier and a driver of a commercial motor vehicle
shall comply with Section 392.9 of Title 49 of the Code of Federal
Regulations.
SEC. 13. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because 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.