Under existing law, the Department of Transportation may issue permits authorizing encroachments, as defined, on highways. Existing law requires the department to either approve or deny an application for an encroachment permit within 60 days of receiving a completed application. The department's failure to notify an applicant within that 60-day period that the permit is denied is deemed to constitute approval of the permit. Existing law allows an applicant to appeal the denial of an application in writing, and requires the department to make a final written determination within 60 days after receipt of an appeal. This bill would establish different procedures for applications for encroachment permits for major highway projects that cost $3,000,000 or more and for minor highway projects that cost less than $3,000,000, and would instead require applications for minor encroachment permits to be approved or denied within a 30-day period. The bill would also require the department to determine whether an application for an encroachment permit is complete, taking into consideration certain factors, and would require the department, within 30 days of receipt of an application for a major encroachment permit, or within 15 days of receipt of an application for a minor encroachment permit, to notify the applicant of that determination. The bill would require the department, if an application is determined to be incomplete, to indicate what information or documents are necessary to complete the application, and would specify the procedure for the resubmittal of an application. The bill would also change to 30 days the time period for which the department is required to make a final written determination of an appeal of a denied application. The bill would also require the department to appoint an ombudsperson to receive applications for encroachment permits in each state transportation district, as specified. The bill would make related findings and declarations.
Sponsored bills
The Diesel Fuel Tax Law imposes a tax on the removal, entry, sale, delivery, and use, as specified, of diesel fuel. That law provides various exemptions from that tax. This bill would exempt from the imposition of tax, on and after July 1, 2009, to June 30, 2014, inclusive, biomass-based diesel fuel produced in this state with California feedstock, as defined, and would require the State Energy Resources Conservation and Development Commission, in cooperation with the State Board of Equalization, to provide specified oversight of the tax incentive program and make an annual report regarding the program, as provided. This bill would take effect immediately as a tax levy.
Existing law requires the State Air Resources Board to adopt procedures for determining the compliance of any system designed for the control of gasoline vapor emissions during gasoline marketing operations, including storage and transfer operations, and additional performance standards to ensure that systems for the control of gasoline vapors from motor vehicle fueling operations do not cause excessive spillage and emissions. Existing law prohibits the state board from requiring a gasoline dispensing facility that meets certain requirements from undergoing an Enhanced Vapor Recovery Phase II upgrade until April 1, 2011. Regulations adopted by the state board require an Enhanced Vapor Recovery Phase II upgrade by April 1, 2009, as provided. This bill would prohibit the state board from requiring a gasoline dispensing facility owned or operated by a local government that does not meet these requirements from undergoing an Enhanced Vapor Recovery Phase II upgrade until April 1, 2010. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law allows an authorized emergency vehicle used by a peace officer, as defined, in the performance of his or her duties to display a steady or flashing blue warning light visible from the front, sides, or rear of the vehicle. This bill would expand the definition of peace officer for purposes of that provision to include members of an arson-investigating unit, regularly paid and employed in that capacity, of a fire department or fire protection agency of a county, city, city and county, district, or the state, if the primary duty of these peace officers is the detection and apprehension of persons who have violated any fire law or committed insurance fraud. The bill would also limit the authorization to display a steady or flashing blue warning light to authorized emergency vehicles used by peace officers in accordance with the above provisions.
Existing law generally establishes various offenses constituting theft. This bill would make it a crime, except as specified, for a person to take, possess, damage, reuse, or move any political sign or signs without authorization from the owner of the sign or signs and with the intent to prevent, substantially alter, or substantially obscure the communication of the sign. The bill would make a violation of this provision punishable as an infraction or a misdemeanor, as specified, and would make a 2nd or subsequent violation a misdemeanor, punishable by imprisonment in a county jail not exceeding one year, a fine not exceeding $2,000, or both. By creating a new crime, the bill would impose a state-mandated local program. 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) Existing law requires the Department of Motor Vehicles to suspend or revoke a person's privilege to operate a motor vehicle, as specified, if the person refuses an officer's request to submit to, or fails to complete, a chemical test or tests for alcohol or drugs, upon receipt of the officer's sworn statement that the officer had reasonable cause to believe that the person had been driving a motor vehicle while under the influence (DUI) and that the person had refused to submit to, or did not complete, the test or tests after being requested by the officer. A violation of this provision is a crime. This bill would in addition impose the same punishment for a refusal to submit to a chemical text for a first violation, or for one or more violations or DUI offenses occurring within 10 years, as the punishment for DUI committed under similar circumstances. By adding imprisonment in the county jail to this offense, the bill would impose a state-mandated local program. (2) 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) Existing law requires the State Air Resources Board to adopt procedures for determining the compliance of any system designed for the control of gasoline vapor emissions during gasoline marketing operations, including storage and transfer operations, and additional performance standards to ensure that systems for the control of gasoline vapors from motor vehicle fueling operations do not cause excessive spillage and emissions. Existing law prohibits the state board from requiring a gasoline dispensing facility that meets certain requirements from undergoing an Enhanced Vapor Recovery Phase II upgrade until April 1, 2011. This bill would exempt a gasoline dispensing facility that does not meet these requirements from penalties for failing to undergo an Enhanced Vapor Recovery Phase II upgrade until April 1, 2010. (2) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 19, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 19, 2008, pursuant to the California Constitution.
(1) Existing law requires that, when a reduction in the number of certificated employees employed by a school district is authorized for specified reasons, the notice of the termination of the services of an employee in the subsequent school year be given, in a prescribed manner, before May 15. This bill would express findings and declarations of the Legislature relating to the effect of the outcome of the May 19, 2009, special election on school district budgets. The bill would require that, in 2009 only, the deadline for the notice of termination of services be changed to June 15. (2) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 19, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 19, 2008, pursuant to the California Constitution. (3) This bill would declare that it is to take effect immediately as an urgency statute.
(1) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect, unless the project is exempt from the act. CEQA provides for various exemptions from its requirements. Existing law requires cities and counties to prepare, adopt, and amend general plans containing specified elements. This bill would exempt from CEQA any activity or approval, necessary or incidental to, the development, planning, design, site acquisition, subdivision, financing, leasing, construction, operation, or maintenance of a stadium complex and associated development included in the same project or approval together with any accessory roadway, utility, or other infrastructure improvement to that stadium complex and associated development, for which an application for the project or approval was submitted on or before January 31, 2009, to the City of Industry, if specified requirements are met. The bill would require the city to require the stadium complex and associated development to comply with those mitigation measures that are contained in a mitigation monitoring and reporting program that is adopted by the City of Industry in connection with the stadium complex and associated development. Because a lead agency would be required to determine the applicability of the exemption, the bill would impose a state-mandated local program. The bill also would exempt from any legal requirement concerning the content of a general plan or consistency with a general plan, and prohibit those requirements from resulting in the invalidation of, the city's approval of, and decisions regarding, specified actions taken with respect to the stadium complex and associated development included in the same project or approval and any accessory improvements to that stadium complex and associated development. The bill additionally would provide that a consistency determination is not required by the city for any decision with respect to those actions. (2) The bill would have retroactive application. (3) 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. (4) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 19, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 19, 2008, pursuant to the California Constitution.
(1) Existing law requires all manufacturers of ignition interlock devices that meet specified requirements and are certified in a manner approved by the Department of Motor Vehicles, that intend to market the devices in this state, to first apply to the department on forms provided by the department and to pay an accompanying fee in an amount not to exceed the amount necessary to cover the costs incurred by the department in carrying out those provisions. This bill would require a manufacturer and a manufacturer's agent, certified by the department to provide ignition interlock devices, to provide each year to the department information on the number of false positives and the time to reset the device. The bill would also require the department to use this information in evaluating the continued certification of an ignition interlock device. (2) Existing law requires a person's privilege to operate a motor vehicle to be suspended or revoked for a specified period of time if the person has been convicted of violating specified provisions prohibiting driving a motor vehicle while under the influence of an alcoholic beverage or drug or the combined influence of an alcoholic beverage and drug, or with 0.08% or more, by weight, of alcohol in his or her blood or while addicted to the use of any drug, with or without bodily injury to another. Existing law also authorizes a person whose privilege is suspended or revoked in that manner to receive a restricted driver's license if specified requirements are met, including, in some instances, the installation of an ignition interlock device on the person's vehicle. This bill would require the department to establish a pilot program from July 1, 2010, to January 1, 2016, in the Counties of Alameda, Los Angeles, Sacramento, and Tulare that requires, as a condition of being issued a restricted driver's license, being reissued a driver's license, or having the privilege to operate a motor vehicle reinstated subsequent to a conviction for a violation of the above offenses, a person to install for a specified period of time an ignition interlock device on all vehicles he or she owns or operates, except as provided. The amount of time the ignition interlock device would be required to be installed would be based upon the number of convictions, as prescribed. The bill would prohibit the implementation of the pilot program if the department fails to obtain, by January 31, 2010, nonstate funds for the programming costs of the pilot program. The bill would set up a statutory scheme under which the department would, with regard to the installation of an ignition interlock device described above, notify the person of the ignition interlock device installation requirements established under the bill, accept notification from the installer of the ignition interlock device of attempts to remove, bypass, or tamper with the ignition interlock device or if the person fails 3 or more times to comply with the maintenance requirements, monitor the installation and maintenance of the ignition interlock device, and keep specified records. The bill would also require that manufacturers and manufacturer's agents, certified by the department to provide ignition interlock devices, adopt a fee schedule for payment of the costs of the ignition interlock device based on the offender's ability to pay, and would require the court to adopt a similar fee schedule with regard to the fees for the county alcohol and drug problem assessment program. On or before January 1, 2015, the department would be required to report to the Legislature regarding the effectiveness of the pilot program in reducing the number of first-time driving under the influence violations and repeat offenses in those counties. (3) This bill would require that it become operative only if SB 598 of the 2009–10 Regular Session becomes operative on or before January 1, 2010. (4) Because it is a crime to operate a vehicle that is not equipped with a functioning, certified ignition interlock device by a person whose driving privilege is so restricted, the bill would impose a state-mandated local program by expanding the scope of that crime. (5) 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.