SB 491 California Senate · 2015-2016 Regular Session

Transportation: omnibus bill.

Summary
(1) Existing law authorizes certain air districts to impose a vehicle registration fee surcharge to be used for projects and programs to improve air quality. Existing law, in the area under the jurisdiction of the Bay Area Air Quality Management District, requires at least 40% of fee revenues to be proportionately allocated to each county within the district, and requires an entity receiving these revenues, at least once a year, to hold one or more public meetings for the purpose of adopting criteria for expenditure of the funds and to review those expenditures. This bill would instead, at least once a year, require one or more public meetings to adopt criteria for expenditure of funds, if the criteria have been modified from the previous year, and one or more public meetings to review those expenditures. (2) Existing law imposes certain requirements on transit agencies with respect to the purchase and installation of security systems, including a requirement that the equipment be capable of storing recorded images for at least one year, subject to an exception. This bill would provide that installation of a security system under these provisions shall not create a duty to contemporaneously monitor the live video or other data collected by the system. (3) Existing law requires the employers of drivers of certain types of vehicles, including vehicles for which the driver is required to have a Class C license with a hazardous materials endorsement, to enroll these drivers in the pull notice system under which the Department of Motor Vehicles notifies the employer of information appearing on a driver's driving record. This bill would require the employer to enroll in the pull notice system any driver of a vehicle for which a Class C license with any endorsement is required. (4) Existing law, among other things, provides that it is unlawful to operate any vehicle or vehicle combination that is in an unsafe condition, or that is not safely loaded, and that presents an immediate safety hazard, or that is not equipped as required by the Vehicle Code. This bill would prohibit a motor carrier from requiring a person to drive a commercial motor vehicle, as defined, unless the person, by experience, training, or both, can determine whether the transported cargo, including passenger baggage, has been properly located, distributed, and secured, as specified. The bill would prohibit a driver from operating a commercial motor vehicle unless the driver can demonstrate familiarity with the methods and procedures for securing cargo. The bill would also require motor carriers and commercial motor vehicle drivers to comply with certain federal motor carrier regulations. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program. (5) Existing law requires a transit bus operated by a motor carrier to be equipped with a speedometer, which is required to be maintained in good working order. This bill would require every commercial motor vehicle operated by a motor carrier to be equipped with a speedometer maintained in good working order. Because a violation of this provision would be a crime, this bill would impose a state-mandated local program. (6) Existing law, if the load on a vehicle or an integral part of the vehicle extends 4 feet or more beyond the rear of the vehicle, requires the vehicle to display 2 red lights at the extreme end of the load or projection if operating during darkness, or to display a solid red or fluorescent orange flag or cloth of not less than 12 square inches at the extreme end of the load or projection if operating at any other time. Existing law requires a vehicle or equipment operating under a permit due to exceeding normal vehicle width restrictions to display a solid red or fluorescent orange flag or cloth of not less than 12 square inches at the extreme left front and rear of the vehicle or equipment if operating other than during darkness. Existing law also requires certain other vehicles with a total outside width of more than 100 inches to display a solid red or fluorescent orange flag or cloth of not less than 12 square inches at the left outer extremity of the vehicle or load if operating other than during darkness. This bill would increase the size of the required flag or cloth in these cases to 18 square inches. The bill would impose new requirements for a vehicle to display 2 flags or cloths if a projecting load to the rear is more than 2 feet in width, and for a commercial vehicle transporting a load that extends beyond the sides of a vehicle by more than 4 inches to display a flag or cloth at the extremities of the vehicle or equipment. The bill would also revise provisions relating to a vehicle or equipment operating under a permit for exceeding width restrictions to display a flag or cloth at the extremities of the vehicle or equipment, rather than at the extreme left front and left rear. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program. (7) Existing law prohibits a person from placing, depositing, or displaying a lighted fusee upon or adjacent to any highway except as a warning to approaching vehicular traffic or railroad trains of an existing hazard. This bill would prohibit a person from attaching or permitting any person to attach a lighted fusee to any part of a vehicle. Because a violation of this provision would be a crime, this bill would impose a state-mandated local program. (8) Existing law generally requires every motor vehicle to be equipped with service brakes on all wheels, subject to certain exceptions, including trucks and truck tractors manufactured before January 1, 1982, with 3 or more axles, as specified, or any vehicle being towed in a driveaway-towaway operation. This bill would specify that the requirement for a motor vehicle to be equipped with service brakes on all wheels applies to all wheels that are in contact with the roadway. The bill would narrow the above-referenced exceptions to instead apply to trucks or truck tractors manufactured before July 25, 1980, with 3 or more axles, and to the final towed vehicle in a triple-saddle-mount driveaway-towaway operation. Because the bill would change the definition of a crime, it would impose a state-mandated local program. (9) Existing law imposes certain requirements for towing of a vehicle. Existing law provides that certain of these requirements do not apply to vehicles engaged in driveaway-towaway operations, if certain requirements are met. This bill would impose additional requirements applicable to towing involving saddle mounts or use of more than one tow-bar or ball-and-socket coupling device in any combination. The bill would also require driveaway-towaway combinations to comply with specified federal regulations. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program. (10) Existing law requires the cab of any motor vehicle to be reasonably tight against the penetration of gases and fumes from the engine or exhaust system. This bill would require the flooring in all motor vehicles to be substantially constructed free of unnecessary holes and openings and to be maintained so as to minimize the entrance of fumes, exhaust gases, or fire. The bill would also prohibit floors from being permeated with oil or other substances likely to cause injury to persons using the floor as a traction device. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program. (11) Existing law prohibits a person operating a motor vehicle or a bicycle from wearing a headset covering both ears, or from wearing earplugs in both ears, subject to certain exceptions. This bill would also prohibit wearing earphones covering, resting on, or inserted in, both ears. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program. (12) Existing law requires the Department of the California Highway Patrol to adopt regulations relative to cargo securement standards. Existing law provides an exemption from those regulations, in certain cases, for the transportation of a pole on a pole dolly by a public utility company or a local agency engaged in the business of supplying electricity or telephone service, or by a licensed contractor in the performance of work for the public utility company or the local agency, or for the Department of Transportation. This bill would delete this exemption. Because this bill would change the definition of a crime, it would impose a state-mandated local program. (13) Existing law generally requires drivers to show proof of financial responsibility to register their vehicles or upon the request of law enforcement, except that those requirements apply to residents of the Counties of Los Angeles and San Francisco only until January 1, 2016. This bill would extend the proof of financial responsibility requirements to residents of those counties until January 1, 2020. (14) Existing law classifies bikeways into various categories, including a Class IV bikeway, also known as a cycle track or separated bikeway, that provides a right-of-way designated exclusively for bicycle travel adjacent to a roadway and that is protected from vehicular traffic. This bill would revise that description to delete the reference to a Class IV bikeway being protected from vehicular traffic and instead provide that it is separated from vehicular traffic. (15) Existing law requires the Department of Transportation and regional transportation planning agencies to engage in various transportation planning activities, including the programming of transportation improvement projects. Existing federal law requires projects seeking federal funds to be in compliance with certain federal planning and programming requirements. This bill would revise these provisions to refer to the current names of certain federal transportation programming documents, and would make various modifications to the dates by which regional transportation planning agencies and the department are required to adopt those documents. (16) Existing law requires the Department of Transportation to prepare a state highway operation and protection program every other year for the expenditure of transportation capital improvement funds for projects that are necessary to preserve and protect the state highway system, excluding projects that add new traffic lanes. Existing law, for each project in the program, requires the department to specify capital and support budgets as well as a projected delivery date for certain project phases, including construction. This bill would delete the reference to the construction phase, and instead require the department to specify a capital and support budget and a projected delivery date for the start of construction. (17) Existing law provides for the California Transportation Commission, except as otherwise provided by law, to adopt the location for a state highway on routes authorized by law. Existing law generally describes the various authorized routes in the state highway system, including Route 170 in the County of Los Angeles. Existing law also includes various state highway routes in the California freeway and expressway system. This bill would revise the description of Route 170 to delete the unconstructed portion of this route between Los Angeles International Airport and Route 90 from both the state highway system and the California freeway and expressway system. (18) Existing law gives the Department of Transportation full possession and control of all state highways. Existing law describes the authorized routes in the state highway system and establishes a process for adoption of a highway on an authorized route by the California Transportation Commission. Existing law authorizes the commission to relinquish certain state highway segments to local agencies. Existing law, with respect to certain relinquished former portions of State Highway Routes 92, 185, and 238 in the City of Hayward, requires the city to maintain within its jurisdiction signs directing motorists to the continuation of those routes or to the state highway system, as applicable, and also requires the city to ensure the continuity of traffic flow, including any traffic signal progression. This bill would revise the route description for State Highway Route 92, and delete the requirement for the City of Hayward to ensure the continuity of traffic flow, including any traffic signal progression, on relinquished former portions of State Highway Routes 92, 185, and 238 within the city. The bill would also authorize the California Transportation Commission to relinquish to the city all or any portion of these routes within the city under certain terms and conditions, including a requirement for the city to maintain within its jurisdiction signs directing motorists to the continuation of each route or to the state highway system, as applicable. (19) Existing law creates the Active Transportation Program in the Department of Transportation for the purpose of encouraging increased use of active modes of transportation, including biking and walking, and provides for funding of various types of projects, including recreational trails, trailheads, and park projects that facilitate trail linkages or connectivity to nonmotorized corridors. Existing law provides for funds to be allocated to projects in the program by the California Transportation Commission. Existing law requires the California Transportation Commission to adopt the 2015 program of projects no later than December 31, 2015, with each subsequent program of projects to be adopted by April 1 of each odd-numbered year. This bill would instead require the commission to adopt the 2015 program of projects by January 31, 2016. (20) Existing law requires the driver of every motor vehicle who is involved in an accident that results in damage to the property of any one person in excess of $750, or in bodily injury, or in the death of a person, to report the accident to the Department of Motor Vehicles within 10 days after the accident, as specified. Under existing law that threshold amount of damages also serves as a condition, among others, for (A) the suspension of a judgment debtor's driving privileges, as an aid in the enforcement of small claims or civil money judgments arising out of those accidents; and (B) the suspension or revocation of specified endorsements or certificates. This bill, commencing January 1, 2017, would increase the minimum property damage that is required to be reported to $1,000. The bill would make conforming changes to those related provisions described above. (21) This bill would also correct several erroneous cross-references and references. (22) 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.
Bill status signed all 5 stages cleared
Introduction
Feb 2015
Committee Review
Sep 2015
Senate Passage
May 2015
Assembly Passage
Aug 2015
Signed into Law
Oct 2015
Introduced Feb 26, 2015 Signed Oct 2, 2015
Floor votes · Senate Sep 1, 2015 · Assembly Aug 27, 2015

How they voted

35–0
Passed
Total votes 35
Sep 1, 2015
D Democratic24
24 Yea
100% Yea
R Republican11
11 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
26
Key actions
7
Committee
10
Amendments
1
Oct 2, 2015
Signed into law
Approved by the Governor.
legislature
Sep 1, 2015
Senate · Passed
Senate Vote: pass (35-0)
senate
Sep 1, 2015
Upper · Passed
Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2378.) Ordered to engrossing and enrolling.
upper
Aug 27, 2015
Assembly · Passed
Assembly Vote: pass (73-0-2)
assembly
Aug 27, 2015
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 19, 2015
Lower · Passed
From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 19).
lower
Jul 14, 2015
Committee
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 16. Noes 0.) (July 13). Re-referred to Com. on APPR.
lower
Jun 29, 2015
Committee
From committee with author's amendments. Read second time and amended. Re-referred to Com. on TRANS.
lower
Jun 15, 2015
Lower · Passed
June 22 hearing postponed by committee.
lower
May 28, 2015
Committee
Referred to Com. on TRANS.
lower
May 11, 2015
Upper · Passed
From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.
upper
Apr 29, 2015
Committee
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 10. Noes 0. Page 825.) (April 28). Re-referred to Com. on APPR.
upper
Apr 22, 2015
Committee
From committee with author's amendments. Read second time and amended. Re-referred to Com. on T. & H.
upper
Mar 12, 2015
Committee
Referred to Com. on T. & H.
upper
Feb 26, 2015
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.