Bill Text: CA SB469 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Vehicles: aerodynamic vehicles.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-07-16 - Chaptered by Secretary of State. Chapter 133, Statutes of 2014. [SB469 Detail]

Download: California-2013-SB469-Amended.html

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BILL NUMBER: SB 469	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JANUARY 6, 2014

INTRODUCED BY   Senator Corbett

                        FEBRUARY 21, 2013

    An act to Chapter 4 (commencing with Section 22160) to
Part 3 of Division 2 of the Public Contract Code, relating to local
public transit.   An act to amend Section 35110 of, and
to add Section 35405 to, the Vehicle Code, relating to vehicles.




	LEGISLATIVE COUNSEL'S DIGEST


   SB 469, as amended, Corbett.  Public contracts: local
agencies: public transit vehicles.   Vehicles:
aerodynamic vehicles.  
   Existing law limits the length of vehicles and combinations of
vehicles coupled together. Existing law permits door handles, hinges,
cable cinchers, chain binders, aerodynamic devices, and holders for
the display of placards warning of hazardous materials to extend 3
inches on each side of the vehicle. Under existing law, any extension
or device used to increase the carrying capacity of a vehicle is
generally included in measuring the length of a vehicle, subject to
certain exceptions.  
   This bill would also permit a tarping system, as defined, and all
nonproperty carrying devices or components to extend 3 inches on each
side of the vehicle, as specified. The bill would exclude an
aerodynamic device, as defined, that extends no more than 5 feet
beyond the rear of a vehicle from the calculation of a vehicle's
length if the device meets specified conditions, including that the
device does not obscure tail lamps, turn signals, marker lamps,
identification lamps, or any other required safety devices. 

   Existing law limits the width of a vehicle to no more than 102
inches, with certain exceptions, including that a vehicle may have an
aerodynamic device, as defined, that extends up to 3 inches beyond
each side of the vehicle. Existing law prohibits an aerodynamic
device from adversely impacting the vehicle's swept width and turning
characteristics.  
   This bill would instead prohibit an aerodynamic device from
affecting the vehicle's turning radius, as defined, or interfering
with the vehicle's ability to complete a turn.  
   Existing law establishes various bidding requirements for local
agencies entering into construction contracts.  
   This bill would require a local authority awarding a procurement
contract for the purchase of a public transit vehicle to give a 10
percent preference to any bidder that agrees that all vehicles to be
purchased under the contract are to be manufactured within the State
of California. This bill would also state that this is an issue of
statewide concern. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 35110 of the   Vehicle
Code   is amended to read: 
   35110.  (a) Door handles, hinges, cable cinchers, chain binders,
aerodynamic devices,  and  holders for the display
of placards warning of hazardous materials  , and a tarping
system and all nonproperty carrying devices or components thereof,
 may extend three inches on each side of the vehicle.
   (b)  (1)    For purposes of this section,
"aerodynamic  devices"   device"  means
 devices using   a device that uses 
technologies that minimize drag and improve airflow over an entire
tractor-trailer vehicle. These include gap fairings that reduce
turbulence between the tractor and trailer, side skirts that minimize
wind under the trailer, and rear fairings that reduce turbulence and
pressure drop at the rear of the  trailer, provided that
these devices  trailer. An aerodynamic device 
shall not  adversely impact   have  the
 vehicle's swept width and turning characteristics and that
the  primary purpose of  the device is not for
 advertising  and shall not affect the vehicle 
 's turning radius or interfere with the vehicle's ability to
complete a turn  . 
   (2) As used in paragraph (1), "turning radius" means the angle
that the tractor can rotate relative to the trailer while completing
a turn.  
   (c) (1) For purposes of this section, "a tarping system" means a
moveable device used to enclose the cargo area of flatbed
semitrailers or trailers.  
   (2) Subdivision (a) applies to all component parts of a tarping
system, including the following:  
   (A) The transverse structure at the front of the vehicle to which
the sliding walls and roof of the tarp mechanism are attached,
provided the structure is not also intended or designed to comply
with Section 393.106 of Title 49 of the Code of Federal Regulations.
The transverse structure may be up to 108 inches wide if properly
centered so that neither side extends more than three inches beyond
the structural edge of the vehicle.  
   (B) The side rails running the length of the vehicle.  
   (C) The rear doors, provided the only function of the rear doors
is to seal the cargo area and anchor the sliding walls and roof.
 
   (D) The "wings" designed to close the gap between a headerboard
designed to comply with Section 393.106 of Title 49 of the Code of
Federal Regulations and the movable walls and roof of a tarping
system, provided they are add-on pieces designed to bear only the
load of the tarping system itself and are not integral parts of the
load-bearing headerboard structure.  
   (d) For purposes of this section, a "headerboard designed to
comply with Section 393.106 of Title 49 of the Code of Federal
Regulations" is load bearing and does not exceed 102 inches in width.

   SEC. 2.    Section 35405 is added to the  
Vehicle Code   , to read:  
   35405.  (a) An aerodynamic device that extends no more than five
feet beyond the rear of a vehicle shall not be included in measuring
the length of the vehicle or combination of vehicles, if both of the
following conditions are met:
   (1) The device does not have the strength, rigidity, or mass to
damage a vehicle, or injure a passenger in a vehicle, that strikes
the vehicle equipped with the device from the rear.
   (2) The device does not obscure tail lamps, turn signals, marker
lamps, identification lamps, or any other required safety devices,
including, but not limited to, hazardous materials placards or
conspicuity markings.
   (b) For purposes of this section, "aerodynamic device" has the
same meaning as defined in Section 35110.  
  SECTION 1.    Chapter 4 (commencing with Section
22160) is added to Part 3 of Division 2 of the Public Contract Code,
to read:
      CHAPTER 4.  PUBLIC TRANSIT VEHICLES


   22160.  (a) An awarding authority that use a competitive bidding
process and awards a procurement contract for the purchase of a
public transit vehicle shall give a 10 percent preference to any
bidder that agrees that all public transit vehicles to be purchased
under the contract are to be manufactured within the State of
California.
   (b) For the purposes of this Section, the following definitions
apply:
   (1) "Awarding authority" means a local government agency,
including any city, county, city and county, special district,
transit district, or joint powers authority that awards or otherwise
enters into contracts for the public transit vehicles.
   (2) "Bidder" means a person that submits a bid to sell a public
transit vehicle to an awarding authority.
   (3) "Manufactured within the State of California" means a majority
of the component parts were manufactured or assembled at a facility
in California.
   (4) "Person" means any individual, proprietorship, joint venture,
corporation, limited liability company, trust, association, other
entity.
   (5) "Public transit vehicle" means a vehicle used or intended to
be used to transport members of the general public, including, but is
not limited to, school buses.  
  SEC. 2.    The Legislature hereby finds and
declares that maintaining jobs in this state, including charter
cities and counties, has a direct impact on the well-being of all
residents of this state. Therefore, the Legislature finds and
declares that giving a public contract preference to a bidder that
manufactures public transit vehicles within the State of California,
is an issue of statewide concern and not a municipal affair, as that
term is used in Section 5 of Article XI of the California
Constitution. Therefore, this act shall apply to every city and
county in this state, including a charter city, charter county, and
charter city and county.