SB 891: Transportation: omnibus bill.
- Session Year: 2023-2024
- House: Senate
- Latest Version Date: 2023-09-22
Current Status:
Passed
(2023-09-22: Chaptered by Secretary of State. Chapter 219, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
(1)The Mills-Deddeh Transit Development Act establishes the San Diego Metropolitan Transit Development Board, also known as the San Diego Metropolitan Transit System (MTS), with specified powers and duties related to the operation of public transit services in a portion of the County of San Diego. Existing law requires MTS to coordinate the operation of all regional public transportation services in the area under its jurisdiction and to establish and adopt regulations to resolve disputes between public transit operators and local agencies.
This bill would repeal the requirement for MTS to coordinate the operation of all regional public transportation services in the area under its jurisdiction and to establish and adopt regulations for the dispute resolution process.
(2)The San Diego Regional Transportation Consolidation Act creates the consolidated agency, commonly known as the San Diego Association of Governments (SANDAG), through the consolidation of certain regional transportation planning, programming, and related functions in the County of San Diego from various agencies including MTS. Existing law provides for SANDAG to have 5 standing policy advisory committees including the transportation committee. Existing law requires SANDAG to submit a report to the Legislature on or before July 1 of each year, developed by its transportation committee, that outlines various matters related to public transit.
This bill would change the deadline for this annual report to December 31.
(3)Existing law authorizes the Sunol Smart Carpool Lane Joint Powers Authority, consisting of the Alameda County Transportation Commission and the Santa Clara Valley Transportation Authority, to conduct, administer, and operate a value pricing high-occupancy vehicle program, on the Sunol Grade segment of State Highway Route 680 in the Counties of Alameda and Santa Clara, that may authorize the entry and use of high-occupancy vehicle lanes by single-occupant vehicles for a fee.
This bill would instead authorize the Sunol Smart Carpool Lane Joint Powers Authority or the Alameda County Transportation Commission to conduct, administer, and operate the program in the County of Alameda and the Sunol Smart Carpool Lane Joint Powers Authority or the Santa Clara Valley Transportation Authority to conduct, administer, and operate the program in the County of Santa Clara.
(4)Existing law specifies standards and requirements for the equipment of motor vehicles, including tires. Existing law requires a vehicle transporting specified hazardous materials to display placards and markings pursuant to federal regulations, but subject to state regulations on radioactive material cargo. Existing law exempts a trap wagon or spray rig that is empty or transporting not more than 1,000 gallons of flammable liquids or combustible liquids from statutes regulating the transport of those liquids. Under existing law, it is an infraction for a person to violate, or fail to comply with, a provision of the Vehicle Code, unless otherwise specified.
This bill would generally require motor carriers, drivers, and vehicles to comply with the Federal Motor Carrier Safety Regulations, subject to department regulations. The bill would require nonpneumatic tires to comply with federal safety standards, and would authorize the department to adopt regulations relating to standards for nonpneumatic tires. The bill would conform placard and marking requirements for a vehicle transporting specified hazardous materials to federal requirements. The bill would delete the exemption from statutes regulating the transport of flammable liquids or combustible liquids for a trap wagon or spray rig that is empty or transporting not more than 1,000 gallons of those liquids. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program. The bill would also conform related definitions to those used in federal regulations.
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.
(1)The Mills-Deddeh Transit Development Act establishes the San Diego Metropolitan Transit Development Board, also known as the San Diego Metropolitan Transit System (MTS), with specified powers and duties related to the operation of public transit services in a portion of the County of San Diego. Existing law requires MTS to coordinate the operation of all regional public transportation services in the area under its jurisdiction and to establish and adopt regulations to resolve disputes between public transit operators and local agencies.
This bill would repeal the requirement for MTS to coordinate the operation of all regional public transportation services in the area under its jurisdiction and to establish and adopt regulations for the dispute resolution process.
(2)The San Diego Regional Transportation Consolidation Act creates the consolidated agency, commonly known as the San Diego Association of Governments (SANDAG), through the consolidation of certain regional transportation planning, programming, and related functions in the County of San Diego from various agencies including MTS. Existing law provides for SANDAG to have 5 standing policy advisory committees including the transportation committee. Existing law requires SANDAG to submit a report to the Legislature on or before July 1 of each year, developed by its transportation committee, that outlines various matters related to public transit.
This bill would change the deadline for this annual report to December 31.
(3)Existing law authorizes the Sunol Smart Carpool Lane Joint Powers Authority, consisting of the Alameda County Transportation Commission and the Santa Clara Valley Transportation Authority, to conduct, administer, and operate a value pricing high-occupancy vehicle program, on the Sunol Grade segment of State Highway Route 680 in the Counties of Alameda and Santa Clara, that may authorize the entry and use of high-occupancy vehicle lanes by single-occupant vehicles for a fee.
This bill would instead authorize the Sunol Smart Carpool Lane Joint Powers Authority or the Alameda County Transportation Commission to conduct, administer, and operate the program in the County of Alameda and the Sunol Smart Carpool Lane Joint Powers Authority or the Santa Clara Valley Transportation Authority to conduct, administer, and operate the program in the County of Santa Clara.
(4)Existing law specifies standards and requirements for the equipment of motor vehicles, including tires. Existing law requires a vehicle transporting specified hazardous materials to display placards and markings pursuant to federal regulations, but subject to state regulations on radioactive material cargo. Existing law exempts a trap wagon or spray rig that is empty or transporting not more than 1,000 gallons of flammable liquids or combustible liquids from statutes regulating the transport of those liquids. Under existing law, it is an infraction for a person to violate, or fail to comply with, a provision of the Vehicle Code, unless otherwise specified.
This bill would generally require motor carriers, drivers, and vehicles to comply with the Federal Motor Carrier Safety Regulations, subject to department regulations. The bill would require nonpneumatic tires to comply with federal safety standards, and would authorize the department to adopt regulations relating to standards for nonpneumatic tires. The bill would conform placard and marking requirements for a vehicle transporting specified hazardous materials to federal requirements. The bill would delete the exemption from statutes regulating the transport of flammable liquids or combustible liquids for a trap wagon or spray rig that is empty or transporting not more than 1,000 gallons of those liquids. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program. The bill would also conform related definitions to those used in federal regulations.
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.
(1)The Mills-Deddeh Transit Development Act establishes the San Diego Metropolitan Transit Development Board, also known as the San Diego Metropolitan Transit System (MTS), with specified powers and duties related to the operation of public transit services in a portion of the County of San Diego. Existing law requires MTS to coordinate the operation of all regional public transportation services in the area under its jurisdiction and to establish and adopt regulations to resolve disputes between public transit operators and local agencies.
This bill would repeal the requirement for MTS to coordinate the operation of all regional public transportation services in the area under its jurisdiction and to establish and adopt regulations for the dispute resolution process.
(2)The San Diego Regional Transportation Consolidation Act creates the consolidated agency, commonly known as the San Diego Association of Governments (SANDAG), through the consolidation of certain regional transportation planning, programming, and related functions in the County of San Diego from various agencies including MTS. Existing law provides for SANDAG to have 5 standing policy advisory committees including the transportation committee. Existing law requires SANDAG to submit a report to the Legislature on or before July 1 of each year, developed by its transportation committee, that outlines various matters related to public transit.
This bill would change the deadline for this annual report to December 31.
(3)Existing law authorizes the Sunol Smart Carpool Lane Joint Powers Authority, consisting of the Alameda County Transportation Commission and the Santa Clara Valley Transportation Authority, to conduct, administer, and operate a value pricing high-occupancy vehicle program, on the Sunol Grade segment of State Highway Route 680 in the Counties of Alameda and Santa Clara, that may authorize the entry and use of high-occupancy vehicle lanes by single-occupant vehicles for a fee.
This bill would instead authorize the Sunol Smart Carpool Lane Joint Powers Authority or the Alameda County Transportation Commission to conduct, administer, and operate the program in the County of Alameda and the Sunol Smart Carpool Lane Joint Powers Authority or the Santa Clara Valley Transportation Authority to conduct, administer, and operate the program in the County of Santa Clara.
(4)Existing law specifies standards and requirements for the equipment of motor vehicles, including tires. Existing law requires a vehicle transporting specified hazardous materials to display placards and markings pursuant to federal regulations, but subject to state regulations on radioactive material cargo. Existing law exempts a trap wagon or spray rig that is empty or transporting not more than 1,000 gallons of flammable liquids or combustible liquids from statutes regulating the transport of those liquids. Under existing law, it is an infraction for a person to violate, or fail to comply with, a provision of the Vehicle Code, unless otherwise specified.
This bill would generally require motor carriers, drivers, and vehicles to comply with the Federal Motor Carrier Safety Regulations, subject to department regulations. The bill would require nonpneumatic tires to comply with federal safety standards, and would authorize the department to adopt regulations relating to standards for nonpneumatic tires. The bill would conform placard and marking requirements for a vehicle transporting specified hazardous materials to federal requirements. The bill would delete the exemption from statutes regulating the transport of flammable liquids or combustible liquids for a trap wagon or spray rig that is empty or transporting not more than 1,000 gallons of those liquids. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program. The bill would also conform related definitions to those used in federal regulations.
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.
(1)The Mills-Deddeh Transit Development Act establishes the San Diego Metropolitan Transit Development Board, also known as the San Diego Metropolitan Transit System (MTS), with specified powers and duties related to the operation of public transit services in a portion of the County of San Diego. Existing law requires MTS to coordinate the operation of all regional public transportation services in the area under its jurisdiction and to establish and adopt regulations to resolve disputes between public transit operators and local agencies.
This bill would repeal the requirement for MTS to coordinate the operation of all regional public transportation services in the area under its jurisdiction and to establish and adopt regulations for the dispute resolution process.
(2)The San Diego Regional Transportation Consolidation Act creates the consolidated agency, commonly known as the San Diego Association of Governments (SANDAG), through the consolidation of certain regional transportation planning, programming, and related functions in the County of San Diego from various agencies including MTS. Existing law provides for SANDAG to have 5 standing policy advisory committees including the transportation committee. Existing law requires SANDAG to submit a report to the Legislature on or before July 1 of each year, developed by its transportation committee, that outlines various matters related to public transit.
This bill would change the deadline for this annual report to December 31.
(3)Existing law authorizes the Sunol Smart Carpool Lane Joint Powers Authority, consisting of the Alameda County Transportation Commission and the Santa Clara Valley Transportation Authority, to conduct, administer, and operate a value pricing high-occupancy vehicle program, on the Sunol Grade segment of State Highway Route 680 in the Counties of Alameda and Santa Clara, that may authorize the entry and use of high-occupancy vehicle lanes by single-occupant vehicles for a fee.
This bill would instead authorize the Sunol Smart Carpool Lane Joint Powers Authority or the Alameda County Transportation Commission to conduct, administer, and operate the program in the County of Alameda and the Sunol Smart Carpool Lane Joint Powers Authority to conduct, administer, and operate the program in the County of Santa Clara.
(a)The consolidated agency shall have five standing policy advisory committees named the executive, transportation, regional planning, borders, and audit committees. The responsibilities of the committees shall be established by the board. Committee membership may be expanded by the consolidated agency, and shall be selected in accordance with a process established by the consolidated agency. The membership shall be as follows:
(1)The executive committee shall consist of six voting members with board members representing east county, north county coastal, north county inland, south county, and the representative, or the representatives alternate in their absence, from the City of San Diego and the county. The chairperson and the vice chairperson of the consolidated agency shall each be one of the six voting members.
(2)(A)The transportation committee shall consist of 10 voting members with board members or alternates representing east county, north county coastal, north county inland, south county and the mayor or a council member from the City of San Diego, a supervisor from the County of San Diego, a member of the board of the MTDB appointed by the board of the MTDB, a member of the board of the NCTD appointed by the board of the NCTD, a member of the governing board of the San Diego Unified Port District appointed by the board of the port, and a member of the San Diego County Regional Airport Authority appointed by the airport authority.
(B)Among its transportation responsibilities, the transportation committee shall provide a strong focus and commitment to meeting the public transit needs of the San Diego region, set transit funding criteria and recommend transit funding levels, and undertake transit responsibilities resulting from consolidation, as delegated by the board.
(C)The board shall provide a report, developed by the transportation committee, to the Legislature on or before December 31 of each year that outlines the public transit needs, transit funding criteria, recommended transit funding levels, and additional work on public transit, as delegated to the transportation committee by the board. The report shall specify the funds spent explicitly on public transportation. The report shall be submitted consistent with Section 9795 of the Government Code.
(3)The regional planning committee shall consist of six voting members with board members or alternates representing east county, north county coastal, north county inland, south county, and the mayor or a council member from the City of San Diego, and a supervisor from the County of San Diego.
(4)The borders committee shall consist of seven voting members with board members or alternates representing east county, north county coastal, north county inland, south county, the mayor or a council member from the City of San Diego, a supervisor from the County of San Diego, and a mayor, council member, or supervisor from the County of Imperial.
(5)The audit committee shall consist of five voting members with two board members and three members of the public to be appointed by the board. The audit committee shall recommend to the board the contract of the firm conducting the annual financial statement audits and the hiring of the independent performance auditor and approve the annual audit plan after discussion with the independent performance auditor pursuant to subdivision (b) of Section 132354.1.
(b)The board may appoint other standing and ad hoc working groups to advise it in carrying out its responsibilities.
(c)No board member may serve as a member of more than two standing policy advisory committees at any one time, except those board members serving on the audit committee.
SEC. 3.Section 149.5 of the Streets and Highways Code is amended to read:149.5.(a)(1)(A)Notwithstanding Sections 149 and 30800 of this code, and Section 21655.5 of the Vehicle Code, the Sunol Smart Carpool Lane Joint Powers Authority (SSCLJPA) or the Alameda County Transportation Commission may conduct, administer, and operate a value pricing high-occupancy vehicle program on the Sunol Grade segment of State Highway Route 680 (Interstate 680) in the County of Alameda and the Alameda County Transportation Commission may conduct, administer, and operate a program on a corridor within the County of Alameda for a maximum of two transportation corridors in the County of Alameda pursuant to this section in coordination with the Metropolitan Transportation Commission and consistent with Section 21655.6 of the Vehicle Code.
(B)Notwithstanding Sections 149 and 30800 of this code, and Section 21655.5 of the Vehicle Code, the SSCLJPA or the Santa Clara Valley Transportation Authority may conduct, administer, and operate a value pricing high-occupancy vehicle program on the Sunol Grade segment of State Highway Route 680 (Interstate 680) in the County of Santa Clara pursuant to this section.
(2)The program, under the circumstances described in subdivision (b), may direct and authorize the entry and use of the high-occupancy vehicle lanes in the corridors identified in paragraph (1) by single-occupant vehicles for a fee. The fee structure for each corridor shall be established from time to time by the administering agency. A high-occupancy vehicle lane may only be operated as a high-occupancy toll (HOT) lane during the hours that the lane is otherwise restricted to use by high-occupancy vehicles.
(3)The administering agency for each corridor shall enter into a cooperative agreement with the Bay Area Toll Authority to operate and manage the electronic toll collection system.
(b)Implementation of the program shall ensure that Level of Service C, as measured by the most recent issue of the Highway Capacity Manual, as adopted by the Transportation Research Board, is maintained at all times in the high-occupancy vehicle lanes, except that, subject to a written agreement between the department and the administering agency that is based on operating conditions of the high-occupancy vehicle lanes, Level of Service D shall be permitted on the high-occupancy vehicle lanes. If Level of Service D is permitted, the department and the administering agency shall evaluate the impacts of these levels of service on the high-occupancy vehicle lanes, and indicate any effects on the mixed-flow lanes. Continuance of Level of Service D operating conditions shall be subject to the written agreement between the department and the administering agency. Unrestricted access to the lanes by high-occupancy vehicles shall be available at all times, except that the program may require a high-occupancy vehicle to have an electronic transponder or other electronic device for law enforcement purposes. At least annually, the department shall audit the level of service during peak traffic hours and report the results of that audit at meetings of the administering agency.
(c)Single-occupant vehicles that are certified or authorized by the administering agency for entry into, and use of, the high-occupancy vehicle lanes identified in paragraph (1) of subdivision (a) are exempt from Section 21655.5 of the Vehicle Code, and the driver shall not be in violation of the Vehicle Code because of that entry and use.
(d)The administering agency shall carry out the program in cooperation with the department pursuant to a cooperative agreement that addresses all matters related to design, construction, maintenance, and operation of state highway system facilities in connection with the value pricing high-occupancy vehicle program. With the assistance of the department, the administering agency shall establish appropriate traffic flow guidelines for the purpose of ensuring optimal use of the high-occupancy toll lanes by high-occupancy vehicles without adversely affecting other traffic on the state highway system.
(e)(1)Agreements between the administering agency, the department, and the Department of the California Highway Patrol shall identify the respective obligations and liabilities of those entities and assign them responsibilities relating to the program. The agreements entered into pursuant to this section shall be consistent with agreements between the department and the United States Department of Transportation relating to programs of this nature. The agreements shall include clear and concise procedures for enforcement by the Department of the California Highway Patrol of laws prohibiting the unauthorized use of the high-occupancy vehicle lanes, which may include the use of video enforcement. The agreements shall provide for reimbursement of state agencies, from revenues generated by the program, or other funding sources that are not otherwise available to state agencies for transportation-related projects, for costs incurred in connection with the implementation or operation of the program.
(2)The revenue generated from the program shall be available to the administering agency for the direct expenses related to the operation (including collection and enforcement), maintenance, construction, and administration of the program. Administrative expenses shall not exceed 3 percent of the revenues.
(3)All net revenue generated by the program that remains after payment of direct expenses pursuant to paragraph (2) shall be allocated pursuant to an expenditure plan adopted biennially by the administering agency for transportation purposes within the program area. The expenditure plan may include funding for the following:
(A)The construction of high-occupancy vehicle facilities, including the design, preconstruction, construction, and other related costs of the northbound Interstate 680 Sunol Smart Carpool Lane project.
(B)Transit capital and operations that directly serve the authorized corridors.
(f)(1)The administering agency may issue bonds, refunding bonds, or bond anticipation notes, at any time to finance construction and construction-related expenditures of programs adopted pursuant to subdivision (a) and construction and construction-related expenditures that are included in the expenditure plan adopted pursuant to paragraph (3) of subdivision (e), payable solely from the revenues generated from the respective programs.
(2)The maximum bonded indebtedness that may be outstanding at any one time shall be an amount equal to the sum of the principal of, and interest on, the bonds, but not to exceed the estimated revenues generated from the respective programs.
(3)Bonds shall be issued pursuant to a resolution adopted by a two-thirds vote of the governing board of the administering agency. The resolution shall state all of the following:
(A)The purposes for which the proposed debt is to be incurred.
(B)The estimated cost of accomplishing those purposes.
(C)The amount of the principal of the indebtedness.
(D)The maximum term the bonds proposed to be issued shall run before maturity.
(E)The maximum rate of interest to be paid, which shall not exceed the maximum allowable by law.
(F)The denomination or denominations of the bonds, which shall not be less than five thousand dollars ($5,000).
(G)The form of the bonds, including, without limitation, registered bonds and coupon bonds, to the extent permitted by federal law, the registration, conversion, and exchange privileges, if any pertaining thereto, and the time when all of, or any part of, the principal becomes due and payable.
(H)Any other matters authorized by law.
(4)The bonds shall bear interest at a rate or rates not exceeding the maximum allowable by law, payable at intervals determined by the administering agency.
(5)The full amount of bonds may be divided into two or more series and different dates of payment fixed for the bonds of each series. A bond shall not be required to mature on its anniversary date.
(6)Any bond issued pursuant to this subdivision shall contain on its face a statement to the following effect:
Neither the full faith and credit nor the taxing power of the State of California is pledged to the payment of principal of, or the interest on, this bond.
(g)Not later than three years after the administering agency first collects revenues from the program authorized by this section, the administering agency shall submit a report to the Legislature on its findings, conclusions, and recommendations concerning the demonstration program authorized by this section. The report shall include an analysis of the effect of the HOT lanes on the adjacent mixed-flow lanes and any comments submitted by the department and the Department of the California Highway Patrol regarding operation of the lane.
SEC. 4.Section 560 of the Vehicle Code is amended to read:560.A solid tire is a tire of rubber or other resilient material which does not depend upon compressed air for the support of the load. A nonpneumatic tire, as defined in Section 571.129 of Title 49 of the Code of Federal Regulations, is not a solid tire for purposes of complying with Division 12.
SEC. 5.Section 27470 is added to the Vehicle Code, to read:27470.(a)A nonpneumatic tire shall comply with the standards contained in Part 571 of Title 49 of the Code of Federal Regulations.
(b)A nonpneumatic tire shall be considered a pneumatic tire for purposes of Sections 27454, 27459, 27459.5, 27460, 27460.5, 27461, 27465, and 27502.
(c)The department may adopt regulations relating to standards for nonpneumatic tires for a vehicle type as it determines necessary to provide for public safety.
(1)A person shall not install or use on a highway a nonpneumatic tire that is not in conformance with the regulations adopted pursuant to this subdivision.
(2)In adopting regulations, the department shall consider Part 571 of Title 49 of the Code of Federal Regulations and guidance issued by the National Highway Traffic Safety Administration.
(d)For purposes of this section, nonpneumatic tire has the same meaning as defined in Section 571.129 of Title 49 of the Code of Federal Regulations.
SEC. 6.Section 27903 of the Vehicle Code is amended to read:27903.(a)A vehicle transporting an explosive, blasting agent, flammable liquid, flammable solid, oxidizing material, corrosive, compressed gas, poison, radioactive material, or other hazardous materials, of the type and in quantities that require the display of placards or markings on the vehicle exterior by the United States Department of Transportation pursuant to Parts 172, 173, and 177 of Title 49 of the Code of Federal Regulations shall display those placards and markings in the manner and under conditions prescribed by those regulations.
(b)Notwithstanding subdivision (a), a vehicle shall not display hazardous materials placards or markings unless permitted or required by Subparts D and F of Part 172 of Title 49 of the Code of Federal Regulations.
(c)This section does not apply to any of the following:
(1)A vehicle transporting not more than 20 pounds of smokeless powder or not more than five pounds of black sporting powder or any combination thereof.
(2)The operation of a vehicle excepted by subdivision (b) of Section 34501.
SEC. 7.Section 34003 of the Vehicle Code is repealed.SEC. 8.Section 34003 is added to the Vehicle Code, to read:34003.For purposes of this division:
(a)Cargo tank has the same meaning as defined in Section 171.8 of Title 49 of the Code of Federal Regulations.
(b)Cargo tank vehicle means a truck, trailer, or semitrailer with one or more permanently attached cargo tanks to or forming an integral part of the vehicle.
(c)Flammable liquids and combustible liquids have the same meanings as defined in Section 173.120 of Title 49 of the Code of Federal Regulations.
SEC. 9.Section 34005 of the Vehicle Code is repealed.SEC. 10.Section 34500.7 is added to the Vehicle Code, to read:34500.7.(a)Subject to Section 34500, motor carriers, drivers, and vehicles shall comply with the Federal Motor Carrier Safety Regulations in Parts 385, 392, 393, 396, and 397 of Title 49 of the Code of Federal Regulations.
(b)Notwithstanding subdivision (a), Daily Vehicle Inspection Reports are required for intrastate drivers and motor carriers pursuant to Section 1215 of Title 13 of the California Code of Regulations.
SEC. 11.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(a)The consolidated agency shall have five standing policy advisory committees named the executive, transportation, regional planning, borders, and audit committees. The responsibilities of the committees shall be established by the board. Committee membership may be expanded by the consolidated agency, and shall be selected in accordance with a process established by the consolidated agency. The membership shall be as follows:
(1)The executive committee shall consist of six voting members with board members representing east county, north county coastal, north county inland, south county, and the representative, or the representatives alternate in their absence, from the City of San Diego and the county. The chairperson and the vice chairperson of the consolidated agency shall each be one of the six voting members.
(2)(A)The transportation committee shall consist of 10 voting members with board members or alternates representing east county, north county coastal, north county inland, south county and the mayor or a council member from the City of San Diego, a supervisor from the County of San Diego, a member of the board of the MTDB appointed by the board of the MTDB, a member of the board of the NCTD appointed by the board of the NCTD, a member of the governing board of the San Diego Unified Port District appointed by the board of the port, and a member of the San Diego County Regional Airport Authority appointed by the airport authority.
(B)Among its transportation responsibilities, the transportation committee shall provide a strong focus and commitment to meeting the public transit needs of the San Diego region, set transit funding criteria and recommend transit funding levels, and undertake transit responsibilities resulting from consolidation, as delegated by the board.
(C)The board shall provide a report, developed by the transportation committee, to the Legislature on or before December 31 of each year that outlines the public transit needs, transit funding criteria, recommended transit funding levels, and additional work on public transit, as delegated to the transportation committee by the board. The report shall specify the funds spent explicitly on public transportation. The report shall be submitted consistent with Section 9795 of the Government Code.
(3)The regional planning committee shall consist of six voting members with board members or alternates representing east county, north county coastal, north county inland, south county, and the mayor or a council member from the City of San Diego, and a supervisor from the County of San Diego.
(4)The borders committee shall consist of seven voting members with board members or alternates representing east county, north county coastal, north county inland, south county, the mayor or a council member from the City of San Diego, a supervisor from the County of San Diego, and a mayor, council member, or supervisor from the County of Imperial.
(5)The audit committee shall consist of five voting members with two board members and three members of the public to be appointed by the board. The audit committee shall recommend to the board the contract of the firm conducting the annual financial statement audits and the hiring of the independent performance auditor and approve the annual audit plan after discussion with the independent performance auditor pursuant to subdivision (b) of Section 132354.1.
(b)The board may appoint other standing and ad hoc working groups to advise it in carrying out its responsibilities.
(c)No board member may serve as a member of more than two standing policy advisory committees at any one time, except those board members serving on the audit committee.
SEC. 3.Section 149.5 of the Streets and Highways Code is amended to read:149.5.(a)(1)(A)Notwithstanding Sections 149 and 30800 of this code, and Section 21655.5 of the Vehicle Code, the Sunol Smart Carpool Lane Joint Powers Authority (SSCLJPA) or the Alameda County Transportation Commission may conduct, administer, and operate a value pricing high-occupancy vehicle program on the Sunol Grade segment of State Highway Route 680 (Interstate 680) in the County of Alameda and the Alameda County Transportation Commission may conduct, administer, and operate a program on a corridor within the County of Alameda for a maximum of two transportation corridors in the County of Alameda pursuant to this section in coordination with the Metropolitan Transportation Commission and consistent with Section 21655.6 of the Vehicle Code.
(B)Notwithstanding Sections 149 and 30800 of this code, and Section 21655.5 of the Vehicle Code, the SSCLJPA or the Santa Clara Valley Transportation Authority may conduct, administer, and operate a value pricing high-occupancy vehicle program on the Sunol Grade segment of State Highway Route 680 (Interstate 680) in the County of Santa Clara pursuant to this section.
(2)The program, under the circumstances described in subdivision (b), may direct and authorize the entry and use of the high-occupancy vehicle lanes in the corridors identified in paragraph (1) by single-occupant vehicles for a fee. The fee structure for each corridor shall be established from time to time by the administering agency. A high-occupancy vehicle lane may only be operated as a high-occupancy toll (HOT) lane during the hours that the lane is otherwise restricted to use by high-occupancy vehicles.
(3)The administering agency for each corridor shall enter into a cooperative agreement with the Bay Area Toll Authority to operate and manage the electronic toll collection system.
(b)Implementation of the program shall ensure that Level of Service C, as measured by the most recent issue of the Highway Capacity Manual, as adopted by the Transportation Research Board, is maintained at all times in the high-occupancy vehicle lanes, except that, subject to a written agreement between the department and the administering agency that is based on operating conditions of the high-occupancy vehicle lanes, Level of Service D shall be permitted on the high-occupancy vehicle lanes. If Level of Service D is permitted, the department and the administering agency shall evaluate the impacts of these levels of service on the high-occupancy vehicle lanes, and indicate any effects on the mixed-flow lanes. Continuance of Level of Service D operating conditions shall be subject to the written agreement between the department and the administering agency. Unrestricted access to the lanes by high-occupancy vehicles shall be available at all times, except that the program may require a high-occupancy vehicle to have an electronic transponder or other electronic device for law enforcement purposes. At least annually, the department shall audit the level of service during peak traffic hours and report the results of that audit at meetings of the administering agency.
(c)Single-occupant vehicles that are certified or authorized by the administering agency for entry into, and use of, the high-occupancy vehicle lanes identified in paragraph (1) of subdivision (a) are exempt from Section 21655.5 of the Vehicle Code, and the driver shall not be in violation of the Vehicle Code because of that entry and use.
(d)The administering agency shall carry out the program in cooperation with the department pursuant to a cooperative agreement that addresses all matters related to design, construction, maintenance, and operation of state highway system facilities in connection with the value pricing high-occupancy vehicle program. With the assistance of the department, the administering agency shall establish appropriate traffic flow guidelines for the purpose of ensuring optimal use of the high-occupancy toll lanes by high-occupancy vehicles without adversely affecting other traffic on the state highway system.
(e)(1)Agreements between the administering agency, the department, and the Department of the California Highway Patrol shall identify the respective obligations and liabilities of those entities and assign them responsibilities relating to the program. The agreements entered into pursuant to this section shall be consistent with agreements between the department and the United States Department of Transportation relating to programs of this nature. The agreements shall include clear and concise procedures for enforcement by the Department of the California Highway Patrol of laws prohibiting the unauthorized use of the high-occupancy vehicle lanes, which may include the use of video enforcement. The agreements shall provide for reimbursement of state agencies, from revenues generated by the program, or other funding sources that are not otherwise available to state agencies for transportation-related projects, for costs incurred in connection with the implementation or operation of the program.
(2)The revenue generated from the program shall be available to the administering agency for the direct expenses related to the operation (including collection and enforcement), maintenance, construction, and administration of the program. Administrative expenses shall not exceed 3 percent of the revenues.
(3)All net revenue generated by the program that remains after payment of direct expenses pursuant to paragraph (2) shall be allocated pursuant to an expenditure plan adopted biennially by the administering agency for transportation purposes within the program area. The expenditure plan may include funding for the following:
(A)The construction of high-occupancy vehicle facilities, including the design, preconstruction, construction, and other related costs of the northbound Interstate 680 Sunol Smart Carpool Lane project.
(B)Transit capital and operations that directly serve the authorized corridors.
(f)(1)The administering agency may issue bonds, refunding bonds, or bond anticipation notes, at any time to finance construction and construction-related expenditures of programs adopted pursuant to subdivision (a) and construction and construction-related expenditures that are included in the expenditure plan adopted pursuant to paragraph (3) of subdivision (e), payable solely from the revenues generated from the respective programs.
(2)The maximum bonded indebtedness that may be outstanding at any one time shall be an amount equal to the sum of the principal of, and interest on, the bonds, but not to exceed the estimated revenues generated from the respective programs.
(3)Bonds shall be issued pursuant to a resolution adopted by a two-thirds vote of the governing board of the administering agency. The resolution shall state all of the following:
(A)The purposes for which the proposed debt is to be incurred.
(B)The estimated cost of accomplishing those purposes.
(C)The amount of the principal of the indebtedness.
(D)The maximum term the bonds proposed to be issued shall run before maturity.
(E)The maximum rate of interest to be paid, which shall not exceed the maximum allowable by law.
(F)The denomination or denominations of the bonds, which shall not be less than five thousand dollars ($5,000).
(G)The form of the bonds, including, without limitation, registered bonds and coupon bonds, to the extent permitted by federal law, the registration, conversion, and exchange privileges, if any pertaining thereto, and the time when all of, or any part of, the principal becomes due and payable.
(H)Any other matters authorized by law.
(4)The bonds shall bear interest at a rate or rates not exceeding the maximum allowable by law, payable at intervals determined by the administering agency.
(5)The full amount of bonds may be divided into two or more series and different dates of payment fixed for the bonds of each series. A bond shall not be required to mature on its anniversary date.
(6)Any bond issued pursuant to this subdivision shall contain on its face a statement to the following effect:
Neither the full faith and credit nor the taxing power of the State of California is pledged to the payment of principal of, or the interest on, this bond.
(g)Not later than three years after the administering agency first collects revenues from the program authorized by this section, the administering agency shall submit a report to the Legislature on its findings, conclusions, and recommendations concerning the demonstration program authorized by this section. The report shall include an analysis of the effect of the HOT lanes on the adjacent mixed-flow lanes and any comments submitted by the department and the Department of the California Highway Patrol regarding operation of the lane.
SEC. 4.Section 560 of the Vehicle Code is amended to read:560.A solid tire is a tire of rubber or other resilient material which does not depend upon compressed air for the support of the load. A nonpneumatic tire, as defined in Section 571.129 of Title 49 of the Code of Federal Regulations, is not a solid tire for purposes of complying with Division 12.
SEC. 5.Section 27470 is added to the Vehicle Code, to read:27470.(a)A nonpneumatic tire shall comply with the standards contained in Part 571 of Title 49 of the Code of Federal Regulations.
(b)A nonpneumatic tire shall be considered a pneumatic tire for purposes of Sections 27454, 27459, 27459.5, 27460, 27460.5, 27461, 27465, and 27502.
(c)The department may adopt regulations relating to standards for nonpneumatic tires for a vehicle type as it determines necessary to provide for public safety.
(1)A person shall not install or use on a highway a nonpneumatic tire that is not in conformance with the regulations adopted pursuant to this subdivision.
(2)In adopting regulations, the department shall consider Part 571 of Title 49 of the Code of Federal Regulations and guidance issued by the National Highway Traffic Safety Administration.
(d)For purposes of this section, nonpneumatic tire has the same meaning as defined in Section 571.129 of Title 49 of the Code of Federal Regulations.
SEC. 6.Section 27903 of the Vehicle Code is amended to read:27903.(a)A vehicle transporting an explosive, blasting agent, flammable liquid, flammable solid, oxidizing material, corrosive, compressed gas, poison, radioactive material, or other hazardous materials, of the type and in quantities that require the display of placards or markings on the vehicle exterior by the United States Department of Transportation pursuant to Parts 172, 173, and 177 of Title 49 of the Code of Federal Regulations shall display those placards and markings in the manner and under conditions prescribed by those regulations.
(b)Notwithstanding subdivision (a), a vehicle shall not display hazardous materials placards or markings unless permitted or required by Subparts D and F of Part 172 of Title 49 of the Code of Federal Regulations.
(c)This section does not apply to any of the following:
(1)A vehicle transporting not more than 20 pounds of smokeless powder or not more than five pounds of black sporting powder or any combination thereof.
(2)The operation of a vehicle excepted by subdivision (b) of Section 34501.
SEC. 7.Section 34003 of the Vehicle Code is repealed.SEC. 8.Section 34003 is added to the Vehicle Code, to read:34003.For purposes of this division:
(a)Cargo tank has the same meaning as defined in Section 171.8 of Title 49 of the Code of Federal Regulations.
(b)Cargo tank vehicle means a truck, trailer, or semitrailer with one or more permanently attached cargo tanks to or forming an integral part of the vehicle.
(c)Flammable liquids and combustible liquids have the same meanings as defined in Section 173.120 of Title 49 of the Code of Federal Regulations.
SEC. 9.Section 34005 of the Vehicle Code is repealed.SEC. 10.Section 34500.7 is added to the Vehicle Code, to read:34500.7.(a)Subject to Section 34500, motor carriers, drivers, and vehicles shall comply with the Federal Motor Carrier Safety Regulations in Parts 385, 392, 393, 396, and 397 of Title 49 of the Code of Federal Regulations.
(b)Notwithstanding subdivision (a), Daily Vehicle Inspection Reports are required for intrastate drivers and motor carriers pursuant to Section 1215 of Title 13 of the California Code of Regulations.
SEC. 11.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(a)The consolidated agency shall have five standing policy advisory committees named the executive, transportation, regional planning, borders, and audit committees. The responsibilities of the committees shall be established by the board. Committee membership may be expanded by the consolidated agency, and shall be selected in accordance with a process established by the consolidated agency. The membership shall be as follows:
(1)The executive committee shall consist of six voting members with board members representing east county, north county coastal, north county inland, south county, and the representative, or the representatives alternate in their absence, from the City of San Diego and the county. The chairperson and the vice chairperson of the consolidated agency shall each be one of the six voting members.
(2)(A)The transportation committee shall consist of 10 voting members with board members or alternates representing east county, north county coastal, north county inland, south county and the mayor or a council member from the City of San Diego, a supervisor from the County of San Diego, a member of the board of the MTDB appointed by the board of the MTDB, a member of the board of the NCTD appointed by the board of the NCTD, a member of the governing board of the San Diego Unified Port District appointed by the board of the port, and a member of the San Diego County Regional Airport Authority appointed by the airport authority.
(B)Among its transportation responsibilities, the transportation committee shall provide a strong focus and commitment to meeting the public transit needs of the San Diego region, set transit funding criteria and recommend transit funding levels, and undertake transit responsibilities resulting from consolidation, as delegated by the board.
(C)The board shall provide a report, developed by the transportation committee, to the Legislature on or before December 31 of each year that outlines the public transit needs, transit funding criteria, recommended transit funding levels, and additional work on public transit, as delegated to the transportation committee by the board. The report shall specify the funds spent explicitly on public transportation. The report shall be submitted consistent with Section 9795 of the Government Code.
(3)The regional planning committee shall consist of six voting members with board members or alternates representing east county, north county coastal, north county inland, south county, and the mayor or a council member from the City of San Diego, and a supervisor from the County of San Diego.
(4)The borders committee shall consist of seven voting members with board members or alternates representing east county, north county coastal, north county inland, south county, the mayor or a council member from the City of San Diego, a supervisor from the County of San Diego, and a mayor, council member, or supervisor from the County of Imperial.
(5)The audit committee shall consist of five voting members with two board members and three members of the public to be appointed by the board. The audit committee shall recommend to the board the contract of the firm conducting the annual financial statement audits and the hiring of the independent performance auditor and approve the annual audit plan after discussion with the independent performance auditor pursuant to subdivision (b) of Section 132354.1.
(b)The board may appoint other standing and ad hoc working groups to advise it in carrying out its responsibilities.
(c)No board member may serve as a member of more than two standing policy advisory committees at any one time, except those board members serving on the audit committee.
SEC. 3.Section 149.5 of the Streets and Highways Code is amended to read:149.5.(a)(1)(A)Notwithstanding Sections 149 and 30800 of this code, and Section 21655.5 of the Vehicle Code, the Sunol Smart Carpool Lane Joint Powers Authority (SSCLJPA) or the Alameda County Transportation Commission may conduct, administer, and operate a value pricing high-occupancy vehicle program on the Sunol Grade segment of State Highway Route 680 (Interstate 680) in the County of Alameda and the Alameda County Transportation Commission may conduct, administer, and operate a program on a corridor within the County of Alameda for a maximum of two transportation corridors in the County of Alameda pursuant to this section in coordination with the Metropolitan Transportation Commission and consistent with Section 21655.6 of the Vehicle Code.
(B)Notwithstanding Sections 149 and 30800 of this code, and Section 21655.5 of the Vehicle Code, the SSCLJPA or the Santa Clara Valley Transportation Authority may conduct, administer, and operate a value pricing high-occupancy vehicle program on the Sunol Grade segment of State Highway Route 680 (Interstate 680) in the County of Santa Clara. Clara pursuant to this section.
(2)The program, under the circumstances described in subdivision (b), may direct and authorize the entry and use of the high-occupancy vehicle lanes in the corridors identified in paragraph (1) by single-occupant vehicles for a fee. The fee structure for each corridor shall be established from time to time by the administering agency. A high-occupancy vehicle lane may only be operated as a high-occupancy toll (HOT) lane during the hours that the lane is otherwise restricted to use by high-occupancy vehicles.
(3)The administering agency for each corridor shall enter into a cooperative agreement with the Bay Area Toll Authority to operate and manage the electronic toll collection system.
(b)Implementation of the program shall ensure that Level of Service C, as measured by the most recent issue of the Highway Capacity Manual, as adopted by the Transportation Research Board, is maintained at all times in the high-occupancy vehicle lanes, except that, subject to a written agreement between the department and the administering agency that is based on operating conditions of the high-occupancy vehicle lanes, Level of Service D shall be permitted on the high-occupancy vehicle lanes. If Level of Service D is permitted, the department and the administering agency shall evaluate the impacts of these levels of service on the high-occupancy vehicle lanes, and indicate any effects on the mixed-flow lanes. Continuance of Level of Service D operating conditions shall be subject to the written agreement between the department and the administering agency. Unrestricted access to the lanes by high-occupancy vehicles shall be available at all times, except that the program may require a high-occupancy vehicle to have an electronic transponder or other electronic device for law enforcement purposes. At least annually, the department shall audit the level of service during peak traffic hours and report the results of that audit at meetings of the administering agency.
(c)Single-occupant vehicles that are certified or authorized by the administering agency for entry into, and use of, the high-occupancy vehicle lanes identified in paragraph (1) of subdivision (a) are exempt from Section 21655.5 of the Vehicle Code, and the driver shall not be in violation of the Vehicle Code because of that entry and use.
(d)The administering agency shall carry out the program in cooperation with the department pursuant to a cooperative agreement that addresses all matters related to design, construction, maintenance, and operation of state highway system facilities in connection with the value pricing high-occupancy vehicle program. With the assistance of the department, the administering agency shall establish appropriate traffic flow guidelines for the purpose of ensuring optimal use of the high-occupancy toll lanes by high-occupancy vehicles without adversely affecting other traffic on the state highway system.
(e)(1)Agreements between the administering agency, the department, and the Department of the California Highway Patrol shall identify the respective obligations and liabilities of those entities and assign them responsibilities relating to the program. The agreements entered into pursuant to this section shall be consistent with agreements between the department and the United States Department of Transportation relating to programs of this nature. The agreements shall include clear and concise procedures for enforcement by the Department of the California Highway Patrol of laws prohibiting the unauthorized use of the high-occupancy vehicle lanes, which may include the use of video enforcement. The agreements shall provide for reimbursement of state agencies, from revenues generated by the program, or other funding sources that are not otherwise available to state agencies for transportation-related projects, for costs incurred in connection with the implementation or operation of the program.
(2)The revenue generated from the program shall be available to the administering agency for the direct expenses related to the operation (including collection and enforcement), maintenance, construction, and administration of the program. Administrative expenses shall not exceed 3 percent of the revenues.
(3)All net revenue generated by the program that remains after payment of direct expenses pursuant to paragraph (2) shall be allocated pursuant to an expenditure plan adopted biennially by the administering agency for transportation purposes within the program area. The expenditure plan may include funding for the following:
(A)The construction of high-occupancy vehicle facilities, including the design, preconstruction, construction, and other related costs of the northbound Interstate 680 Sunol Smart Carpool Lane project.
(B)Transit capital and operations that directly serve the authorized corridors.
(f)(1)The administering agency may issue bonds, refunding bonds, or bond anticipation notes, at any time to finance construction and construction-related expenditures of programs adopted pursuant to subdivision (a) and construction and construction-related expenditures that are included in the expenditure plan adopted pursuant to paragraph (3) of subdivision (e), payable solely from the revenues generated from the respective programs.
(2)The maximum bonded indebtedness that may be outstanding at any one time shall be an amount equal to the sum of the principal of, and interest on, the bonds, but not to exceed the estimated revenues generated from the respective programs.
(3)Bonds shall be issued pursuant to a resolution adopted by a two-thirds vote of the governing board of the administering agency. The resolution shall state all of the following:
(A)The purposes for which the proposed debt is to be incurred.
(B)The estimated cost of accomplishing those purposes.
(C)The amount of the principal of the indebtedness.
(D)The maximum term the bonds proposed to be issued shall run before maturity.
(E)The maximum rate of interest to be paid, which shall not exceed the maximum allowable by law.
(F)The denomination or denominations of the bonds, which shall not be less than five thousand dollars ($5,000).
(G)The form of the bonds, including, without limitation, registered bonds and coupon bonds, to the extent permitted by federal law, the registration, conversion, and exchange privileges, if any pertaining thereto, and the time when all of, or any part of, the principal becomes due and payable.
(H)Any other matters authorized by law.
(4)The bonds shall bear interest at a rate or rates not exceeding the maximum allowable by law, payable at intervals determined by the administering agency.
(5)The full amount of bonds may be divided into two or more series and different dates of payment fixed for the bonds of each series. A bond shall not be required to mature on its anniversary date.
(6)Any bond issued pursuant to this subdivision shall contain on its face a statement to the following effect:
Neither the full faith and credit nor the taxing power of the State of California is pledged to the payment of principal of, or the interest on, this bond.
(g)Not later than three years after the administering agency first collects revenues from the program authorized by this section, the administering agency shall submit a report to the Legislature on its findings, conclusions, and recommendations concerning the demonstration program authorized by this section. The report shall include an analysis of the effect of the HOT lanes on the adjacent mixed-flow lanes and any comments submitted by the department and the Department of the California Highway Patrol regarding operation of the lane.
SEC. 4.Section 560 of the Vehicle Code is amended to read:560.A solid tire is a tire of rubber or other resilient material which does not depend upon compressed air for the support of the load. A nonpneumatic tire, as defined in Section 571.129 of Title 49 of the Code of Federal Regulations, is not a solid tire for purposes of complying with Division 12.
SEC. 5.Section 27470 is added to the Vehicle Code, to read:27470.(a)A nonpneumatic tire shall comply with the standards contained in Part 571 of Title 49 of the Code of Federal Regulations.
(b)A nonpneumatic tire shall be considered a pneumatic tire for purposes of Sections 27454, 27459, 27459.5, 27460, 27460.5, 27461, 27465, and 27502.
(c)The department may adopt regulations relating to standards for nonpneumatic tires for a vehicle type as it determines necessary to provide for public safety.
(1)A person shall not install or use on a highway a nonpneumatic tire that is not in conformance with the regulations adopted pursuant to this subdivision.
(2)In adopting regulations, the department shall consider Part 571 of Title 49 of the Code of Federal Regulations and guidance issued by the National Highway Traffic Safety Administration.
(d)For purposes of this section, nonpneumatic tire has the same meaning as defined in Section 571.129 of Title 49 of the Code of Federal Regulations.
SEC. 6.Section 27903 of the Vehicle Code is amended to read:27903.(a)Subject to Section 114765 of the Health and Safety Code, a A vehicle transporting an explosive, blasting agent, flammable liquid, flammable solid, oxidizing material, corrosive, compressed gas, poison, radioactive material, or other hazardous materials, of the type and in quantities that require the display of placards or markings on the vehicle exterior by the United States Department of Transportation pursuant to Parts 172, 173, and 177 of Title 49 of the Code of Federal Regulations shall display those placards and markings in the manner and under conditions prescribed by those regulations.
(b)Notwithstanding subdivision (a), a vehicle shall not display hazardous materials placards or markings unless permitted or required by Subparts D and F of Part 172 of Title 49 of the Code of Federal Regulations.
(c)This section does not apply to any of the following:
(1)A vehicle transporting not more than 20 pounds of smokeless powder or not more than five pounds of black sporting powder or any combination thereof.
(2)The operation of a vehicle excepted by subdivision (b) of Section 34501.
SEC. 7.Section 34003 of the Vehicle Code is repealed.34003.As used in this division:(a)Cargo tank means any tank having a volumetric capacity in excess of 120 gallons that is used for the transportation of flammable liquids or combustible liquids. Cargo tank includes pumps, meters, valves, fittings, piping, and other appurtenances attached to a tank vehicle and used in connection with the flammable liquids or combustible liquids being transported in the cargo tank except that the volumetric capacity refers to the capacity of the container portion of a cargo tank.Cargo tank does not include any of the following:(1)Any tank used only to carry fuel necessary for the operation of the vehicle or any equipment of the vehicle.(2)Any tank containing not more than 120 gallons of residue. For purposes of this paragraph, residue means the liquid material remaining after a tank has been unloaded to the maximum extent practicable through the normal discharge opening.(3)Any intermodal portable tank, meeting United States Department of Transportation IM 101 or IM 102 Specification transported as part of an interstate shipment when operated within a 25-mile radius of its ocean port or railroad terminal loading or unloading facility.(4)Any tank meeting the requirements of Title 49 of the Code of Federal Regulations, with a volumetric capacity of less than 500 gallons used to transport flammable or combustible liquids, except a portable tank used to transport an inhalation hazard as defined in subdivision (a) of Section 32101.(5)Any tank designated by the United States Department of Transportation as a single trip container or nonreusable container, marked and used as such, with a volumetric capacity of less than 500 gallons.(6)Any vehicle that is registered in any other state and is used for refueling aircraft while operating in this state pursuant to a contract with this state or the United States for the conduct of fire suppression or other emergency-related activities.(b)Tank vehicle means any truck, trailer, or semitrailer equipped with a cargo tank which is used for the transportation of flammable liquids or combustible liquids within this state.(c)Flammable liquids and combustible liquids mean those liquids as defined by the regulations adopted by the commissioner pursuant to Section 2402.7.SEC. 8.Section 34003 is added to the Vehicle Code, to read:34003.For purposes of this division:
(a)Cargo tank has the same meaning as defined in Section 171.8 of Title 49 of the Code of Federal Regulations.
(b)Cargo tank vehicle means a truck, trailer, or semitrailer with one or more permanently attached cargo tanks to or forming an integral part of the vehicle.
(c)Flammable liquids and combustible liquids have the same meanings as defined in Section 173.120 of Title 49 of the Code of Federal Regulations.
SEC. 9.Section 34005 of the Vehicle Code is repealed.34005.The provisions of this division shall not apply to a trap wagon or spray rig when empty or when transporting not more than 1,000 gallons of flammable liquids or combustible liquids to accomplish the basic function of such vehicle. For the purpose of this section, trap wagon and spray rig have the same meaning of those terms as defined in Section 36005.SEC. 10.Section 34500.7 is added to the Vehicle Code, to read:34500.7.(a)Subject to Section 34500, motor carriers, drivers, and vehicles shall comply with the Federal Motor Carrier Safety Regulations in Parts 385, 392, 393, 396, and 397 of Title 49 of the Code of Federal Regulations.
(b)Notwithstanding subdivision (a), Daily Vehicle Inspection Reports are required for intrastate drivers and motor carriers pursuant to Section 1215 of Title 13 of the California Code of Regulations.
SEC. 11.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(a)The consolidated agency shall have five standing policy advisory committees named the executive, transportation, regional planning, borders, and audit committees. The responsibilities of the committees shall be established by the board. Committee membership may be expanded by the consolidated agency, and shall be selected in accordance with a process established by the consolidated agency. The membership shall be as follows:
(1)The executive committee shall consist of six voting members with board members representing east county, north county coastal, north county inland, south county, and the representative, or the representatives alternate in their absence, from the City of San Diego and the county. The chairperson and the vice chairperson of the consolidated agency shall each be one of the six voting members.
(2)(A)The transportation committee shall consist of 10 voting members with board members or alternates representing east county, north county coastal, north county inland, south county and the mayor or a council member from the City of San Diego, a supervisor from the County of San Diego, a member of the board of the MTDB appointed by the board of the MTDB, a member of the board of the NCTD appointed by the board of the NCTD, a member of the governing board of the San Diego Unified Port District appointed by the board of the port, and a member of the San Diego County Regional Airport Authority appointed by the airport authority.
(B)Among its transportation responsibilities, the transportation committee shall provide a strong focus and commitment to meeting the public transit needs of the San Diego region, set transit funding criteria and recommend transit funding levels, and undertake transit responsibilities resulting from consolidation, as delegated by the board.
(C)The board shall provide a report, developed by the transportation committee, to the Legislature on or before July 1 December 31 of each year that outlines the public transit needs, transit funding criteria, recommended transit funding levels, and additional work on public transit, as delegated to the transportation committee by the board. The report shall specify the funds spent explicitly on public transportation. The report shall be submitted consistent with Section 9795 of the Government Code.
(3)The regional planning committee shall consist of six voting members with board members or alternates representing east county, north county coastal, north county inland, south county, and the mayor or a council member from the City of San Diego, and a supervisor from the County of San Diego.
(4)The borders committee shall consist of seven voting members with board members or alternates representing east county, north county coastal, north county inland, south county, the mayor or a council member from the City of San Diego, a supervisor from the County of San Diego, and a mayor, council member, or supervisor from the County of Imperial.
(5)The audit committee shall consist of five voting members with two board members and three members of the public to be appointed by the board. The audit committee shall recommend to the board the contract of the firm conducting the annual financial statement audits and the hiring of the independent performance auditor and approve the annual audit plan after discussion with the independent performance auditor pursuant to subdivision (b) of Section 132354.1.
(b)The board may appoint other standing and ad hoc working groups to advise it in carrying out its responsibilities.
(c)No board member may serve as a member of more than two standing policy advisory committees at any one time, except those board members serving on the audit committee.
SEC. 3.Section 149.5 of the Streets and Highways Code is amended to read:149.5.(a)(1)(A)Notwithstanding Sections 149 and 30800 of this code, and Section 21655.5 of the Vehicle Code, the Sunol Smart Carpool Lane Joint Powers Authority (SSCLJPA), consisting of (SSCLJPA) or the Alameda County Transportation Commission and the Santa Clara Valley Transportation Authority, may conduct, administer, and operate a value pricing high-occupancy vehicle program on the Sunol Grade segment of State Highway Route 680 (Interstate 680) in the County of Alameda and Santa Clara Counties and the Alameda County Transportation Commission may conduct, administer, and operate a program on a corridor within Alameda County the County of Alameda for a maximum of two transportation corridors in Alameda County the County of Alameda pursuant to this section in coordination with the Metropolitan Transportation Commission and consistent with Section 21655.6 of the Vehicle Code.
(B)Notwithstanding Sections 149 and 30800 of this code, and Section 21655.5 of the Vehicle Code, the SSCLJPA may conduct, administer, and operate a value pricing high-occupancy vehicle program on the Sunol Grade segment of State Highway Route 680 (Interstate 680) in the County of Santa Clara.
(2)The program, under the circumstances described in subdivision (b), may direct and authorize the entry and use of the high-occupancy vehicle lanes in the corridors identified in paragraph (1) by single-occupant vehicles for a fee. The fee structure for each corridor shall be established from time to time by the administering agency. A high-occupancy vehicle lane may only be operated as a high-occupancy toll (HOT) lane during the hours that the lane is otherwise restricted to use by high-occupancy vehicles.
(3)The administering agency for each corridor shall enter into a cooperative agreement with the Bay Area Toll Authority to operate and manage the electronic toll collection system.
(b)Implementation of the program shall ensure that Level of Service C, as measured by the most recent issue of the Highway Capacity Manual, as adopted by the Transportation Research Board, is maintained at all times in the high-occupancy vehicle lanes, except that, subject to a written agreement between the department and the administering agency that is based on operating conditions of the high-occupancy vehicle lanes, Level of Service D shall be permitted on the high-occupancy vehicle lanes. If Level of Service D is permitted, the department and the administering agency shall evaluate the impacts of these levels of service on the high-occupancy vehicle lanes, and indicate any effects on the mixed-flow lanes. Continuance of Level of Service D operating conditions shall be subject to the written agreement between the department and the administering agency. Unrestricted access to the lanes by high-occupancy vehicles shall be available at all times, except that the program may require a high-occupancy vehicle to have an electronic transponder or other electronic device for law enforcement purposes. At least annually, the department shall audit the level of service during peak traffic hours and report the results of that audit at meetings of the administering agency.
(c)Single-occupant vehicles that are certified or authorized by the administering agency for entry into, and use of, the high-occupancy vehicle lanes identified in paragraph (1) of subdivision (a) are exempt from Section 21655.5 of the Vehicle Code, and the driver shall not be in violation of the Vehicle Code because of that entry and use.
(d)The administering agency shall carry out the program in cooperation with the department pursuant to a cooperative agreement that addresses all matters related to design, construction, maintenance, and operation of state highway system facilities in connection with the value pricing high-occupancy vehicle program. With the assistance of the department, the administering agency shall establish appropriate traffic flow guidelines for the purpose of ensuring optimal use of the high-occupancy toll lanes by high-occupancy vehicles without adversely affecting other traffic on the state highway system.
(e)(1)Agreements between the administering agency, the department, and the Department of the California Highway Patrol shall identify the respective obligations and liabilities of those entities and assign them responsibilities relating to the program. The agreements entered into pursuant to this section shall be consistent with agreements between the department and the United States Department of Transportation relating to programs of this nature. The agreements shall include clear and concise procedures for enforcement by the Department of the California Highway Patrol of laws prohibiting the unauthorized use of the high-occupancy vehicle lanes, which may include the use of video enforcement. The agreements shall provide for reimbursement of state agencies, from revenues generated by the program, or other funding sources that are not otherwise available to state agencies for transportation-related projects, for costs incurred in connection with the implementation or operation of the program.
(2)The revenue generated from the program shall be available to the administering agency for the direct expenses related to the operation (including collection and enforcement), maintenance, construction, and administration of the program. Administrative expenses shall not exceed 3 percent of the revenues.
(3)All net revenue generated by the program that remains after payment of direct expenses pursuant to paragraph (2) shall be allocated pursuant to an expenditure plan adopted biennially by the administering agency for transportation purposes within the program area. The expenditure plan may include funding for the following:
(A)The construction of high-occupancy vehicle facilities, including the design, preconstruction, construction, and other related costs of the northbound Interstate 680 Sunol Smart Carpool Lane project.
(B)Transit capital and operations that directly serve the authorized corridors.
(f)(1)The administering agency may issue bonds, refunding bonds, or bond anticipation notes, at any time to finance construction and construction-related expenditures of programs adopted pursuant to subdivision (a) and construction and construction-related expenditures that are included in the expenditure plan adopted pursuant to paragraph (3) of subdivision (e), payable solely from the revenues generated from the respective programs.
(2)The maximum bonded indebtedness that may be outstanding at any one time shall be an amount equal to the sum of the principal of, and interest on, the bonds, but not to exceed the estimated revenues generated from the respective programs.
(3)Bonds shall be issued pursuant to a resolution adopted by a two-thirds vote of the governing board of the administering agency. The resolution shall state all of the following:
(A)The purposes for which the proposed debt is to be incurred.
(B)The estimated cost of accomplishing those purposes.
(C)The amount of the principal of the indebtedness.
(D)The maximum term the bonds proposed to be issued shall run before maturity.
(E)The maximum rate of interest to be paid, which shall not exceed the maximum allowable by law.
(F)The denomination or denominations of the bonds, which shall not be less than five thousand dollars ($5,000).
(G)The form of the bonds, including, without limitation, registered bonds and coupon bonds, to the extent permitted by federal law, the registration, conversion, and exchange privileges, if any pertaining thereto, and the time when all of, or any part of, the principal becomes due and payable.
(H)Any other matters authorized by law.
(4)The bonds shall bear interest at a rate or rates not exceeding the maximum allowable by law, payable at intervals determined by the administering agency.
(5)The full amount of bonds may be divided into two or more series and different dates of payment fixed for the bonds of each series. A bond shall not be required to mature on its anniversary date.
(6)Any bond issued pursuant to this subdivision shall contain on its face a
statement to the following effect:
Neither the full faith and credit nor the taxing power of the State of California is pledged to the payment of principal of, or the interest on, this bond.
(g)Not later than three years after the administering agency first collects revenues from the program authorized by this section, the administering agency shall submit a report to the Legislature on its findings, conclusions, and recommendations concerning the demonstration program authorized by this section. The report shall include an analysis of the effect of the HOT lanes on the adjacent mixed-flow lanes and any comments submitted by the department and the Department of the California Highway Patrol regarding operation of the lane.
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|
|---|---|
| Sep 22, 2023 | Chaptered by Secretary of State. Chapter 219, Statutes of 2023. |
| Sep 22, 2023 | Approved by the Governor. |
| Sep 13, 2023 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 7, 2023 | Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2478.) Ordered to engrossing and enrolling. |
| Sep 5, 2023 | Ordered to special consent calendar. |
| Aug 31, 2023 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 31, 2023 | Read third time. Passed. (Ayes 79. Noes 0. Page 2866.) Ordered to the Senate. |
| Aug 24, 2023 | Read second time. Ordered to consent calendar. |
| Aug 23, 2023 | From committee: Do pass. Ordered to consent calendar. (Ayes 15. Noes 0.) (August 23). |
| Jun 27, 2023 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 15. Noes 0.) (June 26). Re-referred to Com. on APPR. |
| Jun 20, 2023 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on TRANS. |
| May 11, 2023 | Referred to Com. on TRANS. |
| May 4, 2023 | In Assembly. Read first time. Held at Desk. |
| May 4, 2023 | Read third time. Passed. (Ayes 37. Noes 0. Page 1003.) Ordered to the Assembly. |
| Apr 27, 2023 | Read second time. Ordered to consent calendar. |
| Apr 26, 2023 | From committee: Do pass. Ordered to consent calendar. (Ayes 16. Noes 0. Page 905.) (April 25). |
| Apr 18, 2023 | Set for hearing April 25. |
| Apr 12, 2023 | Referred to Com. on TRANS. |
| Mar 24, 2023 | From printer. May be acted upon on or after April 23. |
| Mar 23, 2023 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 7, 2023 | Special Consent SB891 TRANS. (Gonzalez) | Senate Floor |
Passed |
|
| Aug 31, 2023 | SB 891 Transportation Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Aug 23, 2023 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 26, 2023 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Transportation |
Passed |
|
| May 4, 2023 | Consent Calendar SB891 TRANS. (Gonzalez) | Senate Floor |
Passed |
|
| Apr 25, 2023 | Do pass and be ordered to the Consent Calendar | Senate Standing Committee on Transportation |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Alameda County Transportation Commission | ** Support |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 891 |
UNFINISHED BUSINESS
Bill No: SB 891
Author: Committee on Transportation
Amended: 6/20/23
Vote: 21
SENATE TRANSPORTATION COMMITTEE: 16-0, 4/25/23
AYES: Gonzalez, Niello, Allen, Archuleta, Becker, Blakespear, Cortese, Dahle, Dodd, Limón, McGuire, Newman, Nguyen, Seyarto, Umberg, Wahab
SENATE FLOOR: 37-0, 5/4/23 (Consent)
AYES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Grove, Hurtado, Jones, Laird, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
NO VOTE RECORDED: Blakespear, Gonzalez, Limón
ASSEMBLY FLOOR: 75-0, 8/31/23 (Consent) - See last page for vote
SUBJECT: Transportation: omnibus bill
SOURCE: Author
DIGEST:
This bill makes technical and non-controversial changes to sections of law relating to transportation.
Assembly Amendments
authorize the Santa Clara Valley Transportation Authority to administer a portion of the Sunol Smart Carpool Lane and require motor carriers, drivers, and vehicles to comply with the Federal Motor Carrier Safety Regulations, subject to department regulations.
ANALYSIS:
Existing law:
- Establishes the San Diego Metropolitan Transit Development Board (MTS), with specified powers and duties related to the operation of public transit services in a portion of the County of San Diego. (Public Utilities Code (PUC)) §120050)
- Requires MTS to coordinate the operation of all regional public transportation services in the area under its jurisdiction and to establish and adopt regulations to resolve disputes between public transit operators and local agencies. (PUC §120475 - §120478)
- Establishes the San Diego Association of Governments (SANDAG), through the consolidation of certain regional transportation planning, programming, and related functions in the County of San Diego from various agencies. (PUC §132000 - §132334)
- Provides for SANDAG to have 5 standing policy advisory committees including the transportation committee. (PUC §132351.4)
- Requires SANDAG to submit a report to the Legislature on or before July 1 of each year, developed by its transportation committee, which outlines various matters related to public transit.
- Authorizes the Sunol Smart Carpool Lane Joint Powers Authority, consisting of the Alameda County Transportation Commission and the Santa Clara Valley Transportation Authority, to conduct, administer, and operate a value pricing high-occupancy vehicle program, on the Sunol Grade segment of State Highway Route 680 in the Counties of Alameda and Santa Clara, that may authorize the entry and use of high-occupancy vehicle lanes by single-occupant vehicles for a fee. (Streets and Highways Code §149.5)
- Defines, in federal law, “nonpneumatic tire” to mean a mechanical device which transmits, either directly or through a wheel or wheel center member, the vertical load and tractive forces from the roadway to the vehicle, generates the tractive forces that provide the directional control of the vehicle and does not rely on the containment of any gas or fluid for providing those functions.(49 Code of Federal Regulations (49 CFR) 571.129)
- Prohibits tires from having protrusions of various materials that extend from the traction surface of the tire (VEH §27454). With the following exceptions :
- It is an appropriately sized compliant traction device to prevent skidding on during wet, snowy, or icy conditions; and,
- Within the allowable design standard for pneumatic tires outlined in this section of the vehicle code.
- Prohibits the dealers and permitted retail sellers from selling or installing tires with noncompliant tire tread depth or vehicles with tires with noncompliant tire tread depth. This restriction does not apply to a temporary spare tire that are installed during an emergency roadside repair. (VEH §27465)
- Prohibits dealers or permitted sellers from selling or installing tires that are not compliant with noise standards (VEH §27502)
- Requires vehicles transporting explosives, blasting agents, flammable liquid, flammable solids, oxidizing materials, corrosive, compressed gas, poison, radioactive material, or other hazardous materials, of the type and in quantities that are required by federal regulation to display placards or markings on the vehicle exterior comply to federal standards of placard or marker display as prescribed. (VEH §27903)
- Grants the DMV regulatory authority over highway vehicles. (VEH §34500)
This bill:
- Repeals the requirement for MTS to coordinate the operation of all regional public transportation services in the area under its jurisdiction and to establish and adopt regulations for the dispute resolution process.
- Changes the deadline for SANDAG’s annual public transit report to the Legislature to December 31 of each year.
- Authorizes the Sunol Smart Carpool Lane Joint Powers Authority or the Alameda County Transportation Commission to conduct, administer, and operate the program in the County of Alameda and the Sunol Smart Carpool Lane Joint Powers Authority or Santa Clara Valley Transportation Authority to conduct, administer, and operate the program in the County of Santa Clara.
- Exempts “nonpneumatic tire” as defined by Code of Federal Regulation from width and thickness requirements outlined in the vehicle code.
- Requires “nonpneumatic tire” to comply with the safety requirements defined by federal regulations.
- Requires “nonpneumatic tire” to comply with pneumatic tire safety standards defined in the vehicle code.
- Authorizes the DMV to adopt new regulations for nonpneumatic tires that are consistent with Code of Federal Regulation and guidance issued by the national highway traffic safety and prohibits the installation or use of noncompliant nonpneumatic tires on highways.
- Defines “nonpneumatic tire” to have the same meaning as 49 Code of Federal Regulations Section 571.129
- Removes the language “subject to section 114765 is of the health and safety code” from Section 27903 of the Vehicle Code.
- Repeals state statute defining “Cargo tank”, “Tank vehicle”, “Flammable liquids” and “combustible liquids” and replaces with federal definitions of “cargo tank”, “Flammable liquids” and “combustible liquids”
- Defines “cargo tank vehicle” to mean a truck, trailer, or semitrailer with one or more permanently attached cargo tanks to or forming an integral part of the vehicle.
- Repeals state statute that exempts empty trap wagons or spray rigs from safety requirements.
- Require motor carriers, vehicles, and drivers to comply with federal regulations regarding safety fitness procedures, driving of commercial motor vehicles, parts and accessories necessary for safe operation, inspection repair, and maintenance, and transportation of hazardous materials driving and parking rules
Comments
- Purpose of omnibus. The purpose of omnibus bills is to include non-controversial changes with little or no policy impact to various committee-related statutes into one bill. This allows the legislature to make multiple, minor changes to statutes in one bill. The proponent of an item submits proposed language and provides background materials to the Committee for the item to be described to legislative staff and stakeholders. Committee staff provides a summary of the items and the proposed statutory changes to all majority and minority consultants in both the Senate and Assembly, as well as all known or presumed interested parties. If an item encounters any opposition and the proponent cannot work out a solution with the opposition, the item is omitted from or amended out of the bill. Additional items may be added as this bill progresses.
- Repealing the process for MTS to settle disputes with regional agencies [Source: MTS]. SB 510 (Deddeh, Chapter 745, Statutes of 1983) required MTS to coordinate the operation of all public transit services within their jurisdiction in order to achieve efficient operation. To serve this goal this bill authorized the board to resolve regional transit service disputes between local agencies and transit operators which provide services in the area, pursuant to the rules and regulations adopted by the board. This bill required minimum components of these regulations including criteria to determine validity of disputes, procedures for submission, notice, mediation, and public hearing of disputes.
In the sixty years since this law was enacted the MTS has grown and has become the sole operator of transit within its jurisdiction. Regional services like Chula Vista Transit and National City Transit no longer exist, and so the dispute resolution process required by this law is no longer relevant. MTS has asked to repeal this section as part of MTS board efforts to modernize and clean up MTS statutes.
- Changing the date for an annual SANDAG report. [Source: SANDAG] AB 805 (Gonzalez, Chapter 658, Statutes of 2017) required SANDAG’s transportation commission to annually provide a report to the Legislature on or before July 1 that outlines the region’s public transit needs, transit funding criteria, recommended transit funding levels, additional work on public transit, and funds spent explicitly on public transportation. Because this annual report incorporates funding information, it presents this information based on fiscal years. The July 1st deadline makes it so that the report must use data from the previous fiscal year. By changing the submission date to December 31 the commission would be able to reflect the most recent fiscal year in the report and avoid confusion between stakeholders in the reporting process.
- Giving Alameda County the authority to independently manage an express lane in their jurisdiction. [Source: Alameda County Transportation Commission] Existing law authorizes the Sunol Grade Joint Powers Authority (JPA) to build and administer an express lane on the Sunol Grade section of I-680 in the counties of Alameda and Santa Clara. This law also authorizes the Alameda CTC to build and administer an express lane on another corridor in Alameda County. Since the enactment of this code, the Sunol JPA built the first express lane in Northern California along the I-680 Sunol Grade corridor. Even though the Sunol Grade Express Lane does not operate within Santa Clara County, current law dictates that it must be administered by the Sunol Grade JPA. This results in duplicative requirements for administrative hearings for the management of this lane and the other express lanes authorized under this code. This bill allows Alameda CTC to solely administer the express lane unless it is ever extended into Santa Clara, at which point the JPA or the Santa Clara Valley Transportation Authority would once again administer the lane.
- Amends state vehicle code to comply with federal regulation on nonpneumatic tires, vehicles transporting large volumes of hazardous material, and motor vehicle carriers with the federal code of regulation. [Source: California Highway Patrol CHP]. In order for CHP to continue receiving Motor Carrier Safety Assistance Program (MCSAP) grant funding, California’s statutes, and regulations are required to be consistent with Federal Motor Vehicle Safety Standards. If the CHP fails to regulate commercial motor vehicles or fails to implement and enforce commercial motor vehicle regulations that are consistent with federal regulations, it risks losing federal MCSAP grant funding.
This bill introduces a definition for a “nonpneumatic tire” as defined by federal regulations. It also prohibits the sale, installation, or use of nonpneumatic tires that do not comply with federal width and thickness requirements and federal safety requirements. It requires nonpneumatic tires to comply with state safety standards regarding pieces projecting beyond the tread of the tire, requirements for traction devices, and noise standards established for pneumatic tires in the vehicle code.
In 1990, Congress passed the Hazardous Materials Transportation Uniform Safety Act to address the conflicts between state, local, and federal regulations for transporting hazardous material. This act preempted state transportation requirements and included provisions to encourage uniformity among different state and local highway routing regulations, to develop criteria for the issuance of federal permits to motor carriers of hazardous materials, and to regulate the transport of radioactive materials. This bill removes vestigial language that references obsolete state regulations. It also removes state definitions (and related exceptions in regulations) for cargo tanks and flammable liquids and replaces them with federal definitions. It also adds a new definition for “Cargo Tank Vehicle”.
This bill requires motor carriers, vehicles, and drivers to comply with federal regulations regarding safety fitness procedures, driving of commercial motor vehicles, parts, and accessories necessary for safe operation, inspection repair, and maintenance, and transportation of hazardous materials driving and parking rules.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Appropriations Committee, this bill will have minor and absorbable state costs.
SUPPORT: (Verified 8/31/23)
Alameda County Transportation Commission
OPPOSITION: (Verified 8/31/23)
None received
ASSEMBLY FLOOR: 75-0, 8/31/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McKinnor, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Bryan, Dixon, McCarty, Muratsuchi, Sanchez
Prepared by: Jacob O'Connor / TRANS. / (916) 651-4121
8/31/23 16:27:12
**** END ****
Date of Hearing: August 23, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
SBPCA Bill Id:SB 891
Author:(Committee on Transportation) – As Amended Ver:June 20, 2023
Policy Committee: | Transportation | Vote: | 15 - 0 |
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| ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill, the omnibus bill by the Senate Committee on Transportation, makes a number of noncontroversial changes to state laws governing transportation.
Specifically, this bill:
- Repeals the requirement for San Diego Metropolitan Transit Development Board, also known as the San Diego Metropolitan Transit System (MTS) to coordinate the operation of all regional public transportation services in the area under its jurisdiction and to establish and adopt regulations for the dispute resolution process.
- Changes the deadline for the San Diego Association of Governments’ (SANDAG) annual public transit report to the Legislature to December 31 of each year.
- Authorizes the Sunol Smart Carpool Lane Joint Powers Authority, or the Alameda County Transportation Commission, to conduct, administer, and operate the program in the County of Alameda and the Sunol Smart Carpool Lane Joint Powers Authority or Santa Clara valley Transportation Authority to conduct, administer, and operate the program in the County of Santa Clara.
- Exempts “nonpneumatic tire” as defined by the Code of Federal Regulations from width and thickness requirements outlined in the vehicle code.
- Requires “nonpneumatic tire” to comply with the safety requirements defined by federal regulations.
- Requires “nonpneumatic tire” to comply with pneumatic tire safety standards defined in the vehicle code.
- Authorizes the Department of Motor Vehicles (DMV) to adopt new regulations for nonpneumatic tires that are consistent with the Code of Federal Regulations and guidance issued by the national highway traffic safety to prohibit the installation or use of noncompliant nonpneumatic tires on highways.
- Defines “nonpneumatic tire” to have the same meaning as Title 49 of the Code of Federal Regulations Section 571.129
- Removes the language “subject to section 114765 of the Health and Safety code” from Section 27903 of the Vehicle Code.
- Repeals state statute defining “cargo tank”, “tank vehicle”, “flammable liquids” and “combustible liquids” and replaces with federal definitions of “cargo tank”, “Flammable liquids” and “combustible liquids;” defines “cargo tank vehicle” to mean a truck, trailer, or semitrailer with one or more permanently attached cargo tanks to or forming an integral part of the vehicle.
- Repeals state statute that exempts empty trap wagons or spray rigs from safety requirements.
- Requires motor carriers, vehicles, and drivers to comply with federal regulations regarding safety fitness procedures, driving of commercial motor vehicles, parts and accessories necessary for safe operation, inspection repair, and maintenance, and transportation of hazardous materials driving and parking rules.
FISCAL EFFECT:
Minor and absorbable state costs.
COMMENTS:
This bill is the annual omnibus bill authored by the Senate Transportation Committee to consolidate a number of non-controversial changes to provisions of existing law related to transportation. There is no opposition to this bill.
For a discussion of the provisions of law affected by this bill, please see the analysis of the bill by the Assembly Committee on Transportation.
Analysis Prepared by: Jay Dickenson / APPR. / (916) 319-2081
Date of Hearing: 06-26-2023
ASSEMBLY COMMITTEE ON TRANSPORTATION
Laura Friedman, Chair
SBPCA Bill Id:SB 891
Author:(Committee on Transportation) – As Introduced Ver:March 23, 2023
SENATE VOTE: 16-0
SUBJECT: Transportation: omnibus bill
SUMMARY: This bill makes non-controversial changes to sections of law relating to transportation. Specifically, this bill:
- Repeals the requirement for San Diego Metropolitan Transit Development Board, also known as the San Diego Metropolitan Transit System (MTS) to coordinate the operation of all regional public transportation services in the area under its jurisdiction and to establish and adopt regulations for the dispute resolution process.
- Changes the deadline for the San Diego Association of Governments’ (SANDAG) annual public transit report to the Legislature to December 31 of each year.
- Authorizes the Sunol Smart Carpool Lane Joint Powers Authority, or the Alameda County Transportation Commission, to conduct, administer, and operate the program in the County of Alameda and the Sunol Smart Carpool Lane Joint Powers Authority or Santa Clara valley Transportation Authority to conduct, administer, and operate the program in the County of Santa Clara.
- Exempts “nonpneumatic tire” as defined by Code of Federal Regulation from width and thickness requirements outlined in the vehicle code.
- Requires “nonpneumatic tire” to comply with the safety requirements defined by federal regulations.
- Requires “nonpneumatic tire” to comply with pneumatic tire safety standards defined in the vehicle code.
- Authorizes the Department of Motor Vehicles (DMV) to adopt new regulations for nonpneumatic tires that are consistent with Code of Federal Regulation and guidance issued by the national highway traffic safety:
- Prohibits the installation or use of noncompliant nonpneumatic tires on highways.
- Defines “nonpneumatic tire” to have the same meaning as 49 Code of Federal Regulations Section 571.129
- Removes the language “subject to section 114765 is of the health and safety code” from Section 27903 of the Vehicle Code.
- Repeals state statute defining “Cargo tank”, “Tank vehicle”, “Flammable liquids” and “combustible liquids” and replaces with federal definitions of “cargo tank”, “Flammable liquids” and “combustible liquids”:
- Defines “cargo tank vehicle” to mean a truck, trailer, or semitrailer with one or more permanently attached cargo tanks to or forming an integral part of the vehicle.
- Repeals state statute that exempts empty trap wagons or spray rigs from safety requirements.
- Require motor carriers, vehicles, and drivers to comply with federal regulations regarding safety fitness procedures, driving of commercial motor vehicles, parts and accessories necessary for safe operation, inspection repair, and maintenance, and transportation of hazardous materials driving and parking rules.
EXISTING LAW:
- Establishes MTS, with specified powers and duties related to the operation of public transit services in a portion of the County of San Diego. (Public Utilities Code (PUC)) 120050)
- Requires MTS to coordinate the operation of all regional public transportation services in the area under its jurisdiction and to establish and adopt regulations to resolve disputes between public transit operators and local agencies. (PUC 120475 - 120478)
- Establishes SANDAG, through the consolidation of certain regional transportation planning, programming, and related functions in the County of San Diego from various agencies. (PUC 132000 - 132334)
- Provides for SANDAG to have five standing policy advisory committees including the transportation committee. (PUC 132351.4)
- Requires SANDAG to submit a report to the Legislature on or before July 1 of each year, developed by its transportation committee, which outlines various matters related to public transit.
- Authorizes the Sunol Smart Carpool Lane Joint Powers Authority, consisting of the Alameda County Transportation Commission and the Santa Clara Valley Transportation Authority, to conduct, administer, and operate a value pricing high-occupancy vehicle program, on the Sunol Grade segment of State Highway Route 680 in the Counties of Alameda and Santa Clara, that may authorize the entry and use of high-occupancy vehicle lanes by single-occupant vehicles for a fee. (Streets and Highways Code 149.5)
- Federal law defines “nonpneumatic tire” to mean a mechanical device which transmits, either directly or through a wheel or wheel center member, the vertical load and tractive forces from the roadway to the vehicle, generates the tractive forces that provide the directional control of the vehicle and does not rely on the containment of any gas or fluid for providing those functions.(49 Code of Federal Regulations (49 CFR) 571.129)
- Prohibits tires from have protrusions of various materials that extend from the traction surface of the tire (vehicle code (VEH) 27454). With the following exceptions :
- It is an appropriately sized compliant traction device to prevent skidding on during wet, snowy, or icy conditions; and,
- Within the allowable design standard for pneumatic tires outlined in this section of the vehicle code.
- Prohibits the dealers and permitted retail sellers from selling or installing tires with noncompliant tire tread depth or vehicles with tires with noncompliant tire tread depth. This restriction does not apply to a temporary spare tire that are installed during an emergency roadside repair. (VEH 27465)
- Prohibits dealers or permitted sellers from selling or installing tires that are not compliant with noise standards (VEH 27502)
- Requires vehicles transporting explosives, blasting agents, flammable liquid, flammable solids, oxidizing materials, corrosive, compressed gas, poison, radioactive material, or other hazardous materials, of the type and in quantities that are required by federal regulation to display placards or markings on the vehicle exterior comply to federal standards of placard or marker display as prescribed. (VEH 27903)
- Grants the DMV regulatory authority over vehicles highway vehicles. (VEH 34500)
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: This is the Senate Transportation Committee policy omnibus bill and makes non-controversial changes to existing transportation law. This bill does the following:
Repeals the process for MTS to settle disputes with regional agencies [Source: MTS]. SB 510 (Deddeh, Chapter 745, Statutes of 1983) required MTS to coordinate the operation of all public transit services within their jurisdiction in order to achieve efficient operation. To serve this goal this bill authorized the board to resolve regional transit service disputes between local agencies and transit operators which provide services in the area, pursuant to the rules and regulations adopted by the board. This bill required minimum components of these regulations including criteria to determine validity of disputes, procedures for submission, notice, mediation, and public hearing of disputes.
In the decades since this law was enacted, the MTS has grown and has become the sole operator of transit within its jurisdiction. Regional services like Chula Vista Transit and National City Transit no longer exist, and so the dispute resolution process required by this law is no longer relevant. MTS has asked to repeal this section as part of MTS board efforts to modernize and clean up MTS statutes.
Changes the date for an annual SANDAG report. [Source: SANDAG] AB 805 (Gonzalez, Chapter 658, Statutes of 2017) requires SANDAG’s transportation commission to annually provide a report to the Legislature on or before July 1 that outlines the region’s public transit needs, transit funding criteria, recommended transit funding levels, additional work on public transit, and funds spent explicitly on public transportation. Because this annual report incorporates funding information, it presents this information based on fiscal year. The July 1st deadline makes it so that the report must use data from the previous fiscal year. By changing the submission date to December 31, the commission would be able to reflect the most recent fiscal year in the report and avoid confusion between stakeholders in the reporting process.
Gives Alameda County and Santa Clara County the authority to independently manage an express lane in their jurisdiction. [Source: Alameda County Transportation Commission] Existing law authorizes the Sunol Grade Joint Powers Authority (JPA) to build and administer an express lane on the Sunol Grade section of I-680 in the counties of Alameda and Santa Clara. This law also authorizes the Alameda CTC to build and administer an express lane on another corridor in Alameda County. Since the enactment of this code, the Sunol JPA built the first express lane in Northern California along the I-680 Sunol Grade corridor. Even though the Sunol Grade Express Lane does not operate within Santa Clara County, current law dictates that it must be administered by the Sunol Grade JPA. This results in duplicative requirements for administrative hearings for the management of this lane and the other express lanes authorized under this code. This bill would allow Alameda CTC to solely administer the express lane unless it is ever extended into Santa Clara, at which point the JPA or Santa Clara valley Transportation Authority would once again administer the lane.
Amends state vehicle code to comply with federal regulation on nonpneumatic tires, vehicles transporting large volumes of hazardous material, and motor vehicle carriers with the federal code of regulation. [Source: California Highway Patrol CHP]. In order for CHP to continue receiving Motor Carrier Safety Assistance Program (MCSAP) grant funding, California’s statutes, and regulations are required to be consistent with Federal Motor Vehicle Safety Standards. If the CHP fails to regulate commercial motor vehicles or fails to implement and enforce commercial motor vehicle regulations that are consistent with federal regulations, it risks losing federal MCSAP grant funding.
This bill introduces a definition for a “nonpneumatic tire” as defined by federal regulations. It also prohibits the sale, installation, or use of nonpneumatic tires that do not comply with federal width and thickness requirements and federal safety requirements. It requires nonpneumatic tires to comply with state safety standards regarding pieces projecting beyond the tread of the tire, requirements for traction devices, and noise standards established for pneumatic tires in the vehicle code.
In 1990, Congress passed the Hazardous Materials Transportation Uniform Safety Act to address the conflicts between state, local, and federal regulations for transporting hazardous material. This act preempted state transportation requirements and included provisions to encourage uniformity among different state and local highway routing regulations, to develop criteria for the issuance of federal permits to motor carriers of hazardous materials, and to regulate the transport of radioactive materials. This bill removes vestigial language that references obsolete state regulations. It also removes state definitions (and related exceptions in regulations) for cargo tanks and flammable liquids and replaces them with federal definitions. It also adds a new definition for “Cargo Tank Vehicle”.
This bill requires motor carriers, vehicles, and drivers to comply with federal regulations regarding safety fitness procedures, driving of commercial motor vehicles, parts, and accessories necessary for safe operation, inspection repair, and maintenance, and transportation of hazardous materials driving and parking rules.
This bill also asserts that aligning state law with federal law will not incur fees on local governments and agencies thus, no reimbursement is required.
REGISTERED SUPPORT / OPPOSITION:
Support
Alameda County Transportation Commission
Opposition
None on file
Analysis Prepared by: Dirk Spencer / TRANS. / (916) 319-2093
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 891 |
CONSENT
Bill No: SB 891
Author: Committee on Transportation
Introduced: 3/23/23
Vote: 21
SENATE TRANSPORTATION COMMITTEE: 16-0, 4/25/23
AYES: Gonzalez, Niello, Allen, Archuleta, Becker, Blakespear, Cortese, Dahle, Dodd, Limón, McGuire, Newman, Nguyen, Seyarto, Umberg, Wahab
SUBJECT: Transportation: omnibus bill
SOURCE: Author
DIGEST:
This bill makes non-controversial changes to sections of law relating to transportation.
ANALYSIS:
Existing law:
- Establishes the San Diego Metropolitan Transit Development Board (MTS), with specified powers and duties related to the operation of public transit services in a portion of the County of San Diego. (Public Utilities Code (PUC)) §120050)
- Requires MTS to coordinate the operation of all regional public transportation services in the area under its jurisdiction and to establish and adopt regulations to resolve disputes between public transit operators and local agencies. (PUC §120475 - §120478)
- Establishes the San Diego Association of Governments (SANDAG), through the consolidation of certain regional transportation planning, programming, and related functions in the County of San Diego from various agencies. (PUC §132000 - §132334)
- Provides for SANDAG to have 5 standing policy advisory committees including the transportation committee. (PUC §132351.4)
- Requires SANDAG to submit a report to the Legislature on or before July 1 of each year, developed by its transportation committee, which outlines various matters related to public transit.
- Authorizes the Sunol Smart Carpool Lane Joint Powers Authority, consisting of the Alameda County Transportation Commission and the Santa Clara Valley Transportation Authority, to conduct, administer, and operate a value pricing high-occupancy vehicle program, on the Sunol Grade segment of State Highway Route 680 in the Counties of Alameda and Santa Clara, that may authorize the entry and use of high-occupancy vehicle lanes by single-occupant vehicles for a fee. (Streets and Highways Code §149.5)
This bill:
- Repeals the requirement for MTS to coordinate the operation of all regional public transportation services in the area under its jurisdiction and to establish and adopt regulations for the dispute resolution process.
- Changes the deadline for SANDAG’s annual public transit report to the Legislature to December 31 of each year.
- Authorizes the Sunol Smart Carpool Lane Joint Powers Authority or the Alameda County Transportation Commission to conduct, administer, and operate the program in the County of Alameda and the Sunol Smart Carpool Lane Joint Powers Authority to conduct, administer, and operate the program in the County of Santa Clara.
Comments
- Purpose of omnibus. The purpose of omnibus bills is to include non-controversial changes with little or no policy impact to various committee-related statutes into one bill. This allows the legislature to make multiple, minor changes to statutes in one bill. The proponent of an item submits proposed language and provides background materials to the Committee for the item to be described to legislative staff and stakeholders. Committee staff provides a summary of the items and the proposed statutory changes to all majority and minority consultants in both the Senate and Assembly, as well as all known or presumed interested parties. If an item encounters any opposition and the proponent cannot work out a solution with the opposition, the item is omitted from or amended out of the bill. Additional items may be added as this bill progresses.
- Repealing the process for MTS to settle disputes with regional agencies [Source: MTS]. SB 510 (Deddeh, Chapter 745, Statutes of 1983) required MTS to coordinate the operation of all public transit services within their jurisdiction in order to achieve efficient operation. To serve this goal this bill authorized the board to resolve regional transit service disputes between local agencies and transit operators which provide services in the area, pursuant to the rules and regulations adopted by the board. This bill required minimum components of these regulations including criteria to determine validity of disputes, procedures for submission, notice, mediation, and public hearing of disputes.
In the 60 years since this law was enacted the MTS has grown and has become the sole operator of transit within its jurisdiction. Regional services like Chula Vista Transit and National City Transit no longer exist, and so the dispute resolution process required by this law is no longer relevant. MTS has asked to repeal this section as part of MTS board efforts to modernize and clean up MTS statutes.
- Changing the date for an annual SANDAG report. [Source: SANDAG] AB 805 (Gonzalez, Chapter 658, Statutes of 2017) required SANDAG’s transportation commission to annually provide a report to the Legislature on or before July 1 that outlines the region’s public transit needs, transit funding criteria, recommended transit funding levels, additional work on public transit, and funds spent explicitly on public transportation. Because this annual report incorporates funding information, it presents this information based on fiscal years. The July 1st deadline makes it so that the report must use data from the previous fiscal year. By changing the submission date to December 31 the commission would be able to reflect the most recent fiscal year in the report and avoid confusion between stakeholders in the reporting process.
- Giving Alameda County the authority to independently manage an express lane in their jurisdiction. [Source: Alameda County Transportation Commission] Existing law authorizes the Sunol Grade Joint Powers Authority (JPA) to build and administer an express lane on the Sunol Grade section of I-680 in the counties of Alameda and Santa Clara. This law also authorizes the Alameda CTC to build and administer an express lane on another corridor in Alameda County. Since the enactment of this code, the Sunol JPA built the first express lane in Northern California along the I-680 Sunol Grade corridor. Even though the Sunol Grade Express Lane does not operate within Santa Clara County, current law dictates that it must be administered by the Sunol Grade JPA. This results in duplicative requirements for administrative hearings for the management of this lane and the other express lanes authorized under this code. This bill would allow Alameda CTC to solely administer the express lane unless it is ever extended into Santa Clara, at which point the JPA would once again administer the lane.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
SUPPORT: (Verified 4/27/23)
None received
OPPOSITION: (Verified 4/27/23)
None received
Prepared by: Jacob O’Connor / TRANS. / (916) 651-4121
4/28/23 15:14:59
**** END ****
SENATE COMMITTEE ON TRANSPORTATION
Senator Lena Gonzalez, Chair
2023 - 2024 Regular
Bill No: Hearing Date: 4/25/2023
Author: | Committee on Transportation | ||
Version: | 3/23/2023 | ||
Urgency: | No | Fiscal: | No |
Consultant: | Jacob O'Connor | ||
SUBJECT:
DIGEST: This bill makes non-controversial changes to sections of law relating to transportation.
ANALYSIS:
Existing law:
- Establishes the San Diego Metropolitan Transit Development Board (MTS), with specified powers and duties related to the operation of public transit services in a portion of the County of San Diego. (Public Utilities Code (PUC)) §120050)
- Requires MTS to coordinate the operation of all regional public transportation services in the area under its jurisdiction and to establish and adopt regulations to resolve disputes between public transit operators and local agencies. (PUC §120475 - §120478)
- Establishes the San Diego Association of Governments (SANDAG), through the consolidation of certain regional transportation planning, programming, and related functions in the County of San Diego from various agencies. (PUC §132000 - §132334)
- Provides for SANDAG to have 5 standing policy advisory committees including the transportation committee. (PUC §132351.4)
- Requires SANDAG to submit a report to the Legislature on or before July 1 of each year, developed by its transportation committee, which outlines various matters related to public transit.
- Authorizes the Sunol Smart Carpool Lane Joint Powers Authority, consisting of the Alameda County Transportation Commission and the Santa Clara Valley Transportation Authority, to conduct, administer, and operate a value pricing high-occupancy vehicle program, on the Sunol Grade segment of State Highway Route 680 in the Counties of Alameda and Santa Clara, that may authorize the entry and use of high-occupancy vehicle lanes by single-occupant vehicles for a fee. (Streets and Highways Code §149.5)
This bill:
- Repeals the requirement for MTS to coordinate the operation of all regional public transportation services in the area under its jurisdiction and to establish and adopt regulations for the dispute resolution process.
- Changes the deadline for SANDAG’s annual public transit report to the Legislature to December 31 of each year.
- Authorizes the Sunol Smart Carpool Lane Joint Powers Authority or the Alameda County Transportation Commission to conduct, administer, and operate the program in the County of Alameda and the Sunol Smart Carpool Lane Joint Powers Authority to conduct, administer, and operate the program in the County of Santa Clara.
COMMENTS:
- Purpose of omnibus. The purpose of omnibus bills is to include non-controversial changes with little or no policy impact to various committee-related statutes into one bill. This allows the legislature to make multiple, minor changes to statutes in one bill. The proponent of an item submits proposed language and provides background materials to the Committee for the item to be described to legislative staff and stakeholders. Committee staff provides a summary of the items and the proposed statutory changes to all majority and minority consultants in both the Senate and Assembly, as well as all known or presumed interested parties. If an item encounters any opposition and the proponent cannot work out a solution with the opposition, the item is omitted from or amended out of the bill. Additional items may be added as this bill progresses.
- Repealing the process for MTS to settle disputes with regional agencies [Source: MTS]. SB 510 (Deddeh, Chapter 745, Statutes of 1983) required MTS to coordinate the operation of all public transit services within their jurisdiction in order to achieve efficient operation. To serve this goal this bill authorized the board to resolve regional transit service disputes between local agencies and transit operators which provide services in the area, pursuant to the rules and regulations adopted by the board. This bill required minimum components of these regulations including criteria to determine validity of disputes, procedures for submission, notice, mediation, and public hearing of disputes.
In the sixty years since this law was enacted the MTS has grown and has become the sole operator of transit within its jurisdiction. Regional services like Chula Vista Transit and National City Transit no longer exist, and so the dispute resolution process required by this law is no longer relevant. MTS has asked to repeal this section as part of MTS board efforts to modernize and clean up MTS statutes.
- Changing the date for an annual SANDAG report. [Source: SANDAG] AB 805 (Gonzalez, Chapter 658, Statutes of 2017) requires SANDAG’s transportation commission to annually provide a report to the Legislature on or before July 1 that outlines the region’s public transit needs, transit funding criteria, recommended transit funding levels, additional work on public transit, and funds spent explicitly on public transportation. Because this annual report incorporates funding information, it presents this information based on fiscal years. The July 1st deadline makes it so that the report must use data from the previous fiscal year. By changing the submission date to December 31 the commission would be able to reflect the most recent fiscal year in the report and avoid confusion between stakeholders in the reporting process.
- Giving Alameda County the authority to independently manage an express lane in their jurisdiction. [Source: Alameda County Transportation Commission] Existing law authorizes the Sunol Grade Joint Powers Authority (JPA) to build and administer an express lane on the Sunol Grade section of I-680 in the counties of Alameda and Santa Clara. This law also authorizes the Alameda CTC to build and administer an express lane on another corridor in Alameda County. Since the enactment of this code, the Sunol JPA built the first express lane in Northern California along the I-680 Sunol Grade corridor. Even though the Sunol Grade Express Lane does not operate within Santa Clara County, current law dictates that it must be administered by the Sunol Grade JPA. This results in duplicative requirements for administrative hearings for the management of this lane and the other express lanes authorized under this code. This bill would allow Alameda CTC to solely administer the express lane unless it is ever extended into Santa Clara, at which point the JPA would once again administer the lane.
Related Legislation:
SB 510 (Deddeh, Chapter 745, Statutes of 1983) – Required MTS to coordinate the operation of all public transit services within their jurisdiction in order to achieve efficient operation.
AB 805 (Gonzalez, Chapter 658, Statutes of 2017) – Changed the governance structure for SANDAG, MTS, and North County Transit District (NCTD); enacted audit requirements for SANDAG; and allowed MTS and NCTD to impose a transactions and use tax of 0.5%
AB 2032 (Dutra, Chapter 418, Statutes of 2004) – Authorized SANDAG, the Sunol Smart Carpool Lane Joint Powers Authority, the Santa Clara Valley Transportation Authority (VTA), and the Alameda County Transportation Commission to construct HOV lanes and convert them to HOT lanes
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
POSITIONS: (Communicated to the committee before noon on Wednesday, April 19, 2023.)
SUPPORT:
None received
OPPOSITION:
None received
-- END --
Bill Author
Bill Co-Author(s):