Bill Text: CA SB891 | 2023-2024 | Regular Session | Chaptered
Bill Title: Transportation: omnibus bill.
Spectrum: Committee Bill
Status: (Passed) 2023-09-22 - Chaptered by Secretary of State. Chapter 219, Statutes of 2023. [SB891 Detail]
Download: California-2023-SB891-Chaptered.html
Senate Bill
No. 891
CHAPTER 219
An act to amend Section 132351.4 of, and to repeal Article 10 (commencing with Section 120475) of Chapter 4 of Division 11 of, the Public Utilities Code, to amend Section 149.5 of the Streets and Highways Code, and to amend Sections 560 and 27903 of, to add Sections 27470 and 34500.7 to, to repeal Section 34005 of, and to repeal and add Section 34003 of, the Vehicle Code, relating to transportation.
[
Approved by
Governor
September 22, 2023.
Filed with
Secretary of State
September 22, 2023.
]
LEGISLATIVE COUNSEL'S DIGEST
SB 891, Committee on Transportation.
Transportation: omnibus bill.
(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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Article 10 (commencing with Section 120475) of Chapter 4 of Division 11 of the Public Utilities Code is repealed.SEC. 2.
Section 132351.4 of the Public Utilities Code is amended to read:132351.4.
(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 representative’s 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.
