(Continuing)
Reviewed the Pending Legislation page, based on the new California Legislature site. As usual, I recommend to every Californian that they visit the legislative website regularly and see what their legis-critters are doing. I noted the passage/veto of the following bills and resolutions (for some of these, I've highlighted key phrases in red):
AB 333 (Quirk) State Highway Route 185: relinquishment: County of Alameda.
Existing law authorizes the commission to relinquish all or a portion of Route 185 in the City of Hayward to the city, as specified.
This bill would additionally authorize the commission to relinquish all or a portion of Route 185 in the unincorporated area of the County of Alameda to that county, as specified.
09/28/17 Chaptered by Secretary of State - Chapter 339, Statutes of 2017.
AB 515 (Frazier) State Highway System Management Plan.
Existing law requires the Department of Transportation to prepare the State Highway Operation and Protection Program 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 requires the State Highway Operation and Protection Program to be based on an asset management plan prepared by the department, and requires the department to submit the proposed State Highway Operation and Protection Program to the California Transportation Commission by January 31 of each even-numbered year for adoption by the commission and submittal by the commission to the Governor and Legislature by April 1 of each even-numbered year.
Existing law requires the Department of Transportation to prepare a 10-year state highway rehabilitation plan for the rehabilitation and reconstruction by the State Highway Operation and Protection Program of all state highways and bridges owned by the state. This plan is required to be submitted by the department to the commission for review and comments by January 31 of each odd-numbered year, and then transmitted by the department to the Governor and Legislature by May 1 of each odd-numbered year. Existing law also requires the department to prepare a 5-year maintenance plan that addresses the maintenance needs of the state highway system, limited to maintenance activities that if not performed, could result in increased State Highway Operation and Protection Program costs in the future. Existing law requires the maintenance plan to be submitted by the department to the commission, the Governor, and the Legislature by January 31 of each odd-numbered year. Existing law provides that these plans shall be the basis for, among other things, the department’s budget request.
This bill would require the department to prepare a draft State Highway System Management Plan, which would consist both of the 10-year state highway rehabilitation plan and the 5-year maintenance plan. The bill would require the department to make the draft of its proposed State Highway System Management Plan available to regional transportation agencies for review and comment, and would require the department to include and respond to the comments in the final plan to the commission by February 15 of each odd-numbered year. The bill would require the department to transmit the final State Highway System Management Plan to the Governor and Legislature by June 1 of each odd-numbered year.
09/27/17 Chaptered by Secretary of State - Chapter 314, Statutes of 2017.
AB 544 (Bloom) Vehicles: high-occupancy vehicle lanes.
Existing federal law authorizes, until September 30, 2019, a state to allow low emission and energy-efficient vehicles, as specified, to use lanes designated for high-occupancy vehicles (HOVs). Existing federal law also authorizes, until September 30, 2025, a state to allow alternative fuel vehicles, as defined, and new qualified plug-in electric drive motor vehicles, as defined, to use those HOV lanes.
Existing state law authorizes the Department of Transportation to designate certain lanes for the exclusive use of HOVs. Existing law also authorizes super ultra-low emission vehicles (SULEV), ultra-low emission vehicles (ULEV), advanced technology partial zero-emission vehicles (AT PZEV), or transitional zero-emission vehicles (TZEV), as specified, that display a valid identifier issued by the Department of Motor Vehicles to use these HOV lanes until January 1, 2019, or until the date federal authorization expires, or until the Secretary of State receives a specified notice, whichever occurs first. Existing law makes the use by a driver of an HOV lane without those identifiers a crime. Existing law requires the Department of Transportation to remove individual HOV lanes, or portions of those lanes, during peak periods of congestion from access by vehicles displaying the identifiers if the department makes specified findings.
This bill would extend the authority of drivers of specified vehicles to use HOV lanes until the date federal authorization expires, or until the Secretary of State receives a specified notice, whichever occurs first. The bill would authorize the Department of Motor Vehicles to issue other identifiers until the date federal authorization expires, or until the Secretary of State receives a certain notice, whichever occurs first.
The bill would make certain existing identifiers valid until January 1, 2019, would make certain identifiers issued on or after January 1, 2019, valid until January 1, 2022, and would make other identifiers issued on or after January 1, 2019, valid until January 1 of the 4th year after the year in which they were issued, as specified. The bill would make vehicles that have been issued an identifier before January 1, 2017, ineligible for those identifiers issued on and after 2017. The bill would additionally condition eligibility for the identifiers on the applicant not having received a rebate pursuant to the Clean Vehicle Rebate Project for a vehicle purchased on or after January 1, 2018, unless the applicant meets certain income restrictions. The bill would provide that if these provisions become inoperative, the driver of a vehicle with an otherwise valid decal, label, or other identifier would not be cited for a violation of the HOV lane provisions within 60 days of the date that those provisions became inoperative. The bill would make additional conforming changes.
The bill would repeal these provisions on September 30, 2025.
10/10/17 Chaptered by Secretary of State - Chapter 630, Statutes of 2017.
AB 696 (Caballero) Department of Transportation: Prunedale Bypass: County of Monterey: disposition of excess properties.
Existing law provides that the Department of Transportation has full possession and control of the state highway system and associated property. Existing law generally requires proceeds from the sale of excess state highway property to be made available for other highway purposes. Existing law generally provides for the California Transportation Commission to program available funding for transportation capital projects, other than state highway rehabilitation projects, through the State Transportation Improvement Program process, with available funds subject to various fair share distribution formulas. Existing law, in certain cases, requires the commission to instead reallocate funds from canceled state highway projects to other projects within the same county and exempts those funds from the fair share distribution formulas that would otherwise be applicable.
This bill would require the net proceeds from the sale of any excess properties originally acquired for a replacement alignment for State Highway Route 101 in the County of Monterey, known as the former Prunedale Bypass, to be reserved in the State Highway Account for programming and allocation by the commission, with the concurrence of the Transportation Agency for Monterey County, for other state highway projects in the State Highway Route 101 corridor in that county, including, but not limited to, the construction of four express lanes on State Highway Route 156, a major freight and regional corridor, identified by the Governor as a key California infrastructure project in his letter of February 7, 2017, to the National Governors Association, and improvements to the State Highway Route 101 Corridor. The bill would exempt these funds from the distribution formulas otherwise applicable to transportation capital improvement funds.
10/04/17 Vetoed by Governor. Veto Message: In 2016, I vetoed AB 2730, a virtually identical bill. My reasons then were: These revenues are used to pay existing debt service on transportation construction projects statewide, which is an important purpose. Maintaining this funding stream to the General Fund is even more necessary when the state's budget remains precariously balanced. That is still my view.
AB 857 (Ting) State highways: property leases.
Existing law provides that the Department of Transportation has full possession and control of the state highway system, including associated property. Existing law authorizes the department to lease certain property, including the area above or below a state highway, and certain property held for future highway purposes, to public agencies under specified terms and conditions, including specific provisions governing leases of airspace and other property in the City and County of San Francisco for purposes of an emergency shelter or feeding program, at a lease cost of $1 per month and payment of an administrative fee not to exceed $500 per year.
This bill would revise the provisions governing leases of department property in the City and County of San Francisco under these financial terms to require that a lease be offered on a right of first refusal by the department to the city and county or a political subdivision of the city and county and would also authorize leases of property for park, recreational, or open-space purposes, subject to certain additional terms and conditions, including a requirement for the department to lease property located within a priority development area, as defined, to the city and county for up to 10 parcels, at a specified below market value lease amount, and a requirement, applicable to all leases, for the lessee to be responsible for all associated maintenance costs. The bill would provide for the lease to authorize the lessee to subsidize its maintenance costs through a limited revenue generation model, with any revenues generated above the maintenance costs to be shared with the state, as specified. The bill would require the city and county or a political subdivision of the city and county, in consultation with the department, to follow all applicable health, environmental, safety, design, and engineering standards.
10/15/17 Chaptered by Secretary of State - Chapter 822, Statutes of 2017.
AB 1094 (Choi) Vehicles: automated traffic enforcement systems.
Existing law requires a driver facing a steady circular red signal alone to stop at a marked limit line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection, and to remain stopped until an indication to proceed is shown, except as specified. Existing law makes it unlawful for a driver to enter or travel in any lane over which a red signal is shown. A violation of those provisions is an infraction punishable by a fine of $100.
Existing law defines an “official traffic control signal” as any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and proceed and which is erected by authority of a public body or official having jurisdiction.
Existing law states that any required stop be made at a sign, crosswalk, or limit line indicating where the stop is to be made, but, in the absence of that sign or marking, existing law requires that the stop be made at the official traffic control signal.
This bill would also require a stop to be made at an official traffic control signal erected and maintained at a freeway or highway on ramp. The bill would also make technical, nonsubstantive changes to that provision.
10/07/17 Chaptered by Secretary of State - Chapter 555, Statutes of 2017.
AB 1172 (Acosta) State highways: relinquishment.
Existing law provides that the Department of Transportation has 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 to local agencies state highway segments that have been deleted from the state highway system by legislative enactment or have been superseded by relocation, and in certain other cases.
This bill would authorize the commission to relinquish to the City of Santa Clarita all or any portion of Sierra Highway, also known as Route 14U, located within the city limits of that city, upon terms and conditions the commission finds to be in the best interests of the state, if the department and the city enter into an agreement providing for that relinquishment. The bill would make legislative findings and declarations.
09/28/17 Chaptered by Secretary of State - Chapter 351, Statutes of 2017.
ACR 88 (Cunningham) Charles I. Walter Memorial Highway.
Designates the portion of Route 1 from Kansas Avenue (post mile 20.890) to Canet Road (post mile 25.580) in the County of San Luis Obispo as the "Charles I. Walter Memorial Highway".
from Kansas Avenue (post mile 20.890) to Canet Road (post mile 25.580) in the County of San Luis Obispo as the "Charles I. Walter Memorial Highway".
09/07/17 Chaptered by Secretary of State - Res. Chapter 140, Statutes of 2017.
SB 400 (Portantino) Highways: surplus residential property.
Existing law authorizes the Department of Transportation to acquire real property for state highway purposes and specifies various procedures to be followed by the department when it determines that real property acquired for state highway purposes is no longer necessary for those purposes.
Existing law declares the intent of the Legislature to preserve, upgrade, and expand the supply of current housing to persons or families of low or moderate income through the sale of specified surplus residential property. Existing law requires an agency of the state disposing of surplus residential property to do so in accordance with specified priorities and procedures, including that priority to purchase be given to tenants that are former owners or are persons or families of low or moderate income.
This bill would, until January 1, 2020, prohibit the Department of Transportation from increasing the rent of tenants who reside in surplus residential property located within the Route 710 corridor in the County of Los Angeles and who participate in the Affordable Rent Program administered by the department.
10/07/17 Chaptered by Secretary of State. Chapter 568, Statutes of 2017.
SB 406 (Leyva) Vehicles: high-occupancy vehicle lanes: exceptions.
Existing law authorizes the Department of Transportation and local authorities to designate certain highway lanes for the exclusive or preferential use of high-occupancy vehicles (HOVs), requires the department or local authorities to place signage advising motorists of the rules governing the use of those lanes, and prohibits the use of those lanes by motorists other than in conformity with the posted rules. Existing law provides a limited exemption allowing motorcycles, mass transit vehicles, and paratransit vehicles to use HOV lanes.
This bill would provide an exemption to allow for blood transport vehicles, as defined, to use HOV lanes, regardless of the number of occupants, however, they are not exempt from tolls. The bill would require certain conditions be met for the new exemption to be operative, including requiring the Director of Transportation to determine that the exemption would not result in a loss of federal funds or conflict with federal law, as specified, and requiring the director to post that determination on the Department of Transportation’s Internet Web site.
09/30/17Chaptered by Secretary of State. Chapter 392, Statutes of 2017.
SB 595 (Beall) Metropolitan Transportation Commission: toll bridge revenues: Santa Clara Valley Transportation Authority: high-occupancy toll lanes.
(2) Existing law authorizes the BATA to vary the toll structure on each of the bay area state-owned toll bridges and to provide discounts for vehicles classified by the BATA as high-occupancy vehicles.
This bill would additionally authorize the BATA to provide discounts for vehicles that pay for tolls electronically or through other non-cash methods and to charge differential rates based on the chosen method.
This bill, with respect to the Regional Measure 3 toll increase, would require the BATA to provide a 50% discount on the amount of that toll increase on the 2nd bridge crossing for those commuters using a two-axle vehicle, who cross 2 bridges during commute hours, as specified.
Existing law, if the BATA establishes high-occupancy vehicle lane fee discounts or access for vehicles classified by the BATA as high-occupancy vehicles for any bridge, requires the BATA to collaborate with the Department of Transportation to reach agreement on how the occupancy requirements shall apply on each segment of highway that connects with that bridge.
This bill would instead require the BATA to establish those occupancy requirements in consultation with the department.
(4) Existing law authorizes the Santa Clara Valley Transportation Authority (VTA) to conduct, administer, and operate a value pricing high-occupancy toll (HOT) lane program on 2 corridors included in the high-occupancy vehicle lane system in Santa Clara County. Existing law authorizes a HOT lane established as part of this program on State Highway Route 101 to extend into the County of San Mateo as far as the high-occupancy lane in the County of San Mateo existed as of January 1, 2011, subject to agreement of the City/County Association of Governments of San Mateo County.
This bill would delete the authorization for a HOT lane to extend into the specified portion of San Mateo County as part of a value pricing program established on 2 corridors in Santa Clara County. The bill would instead authorize VTA to specifically conduct, administer, and operate a value pricing high-occupancy toll lane program on State Highway Route 101 in San Mateo County in coordination with the City/County Association of Governments of San Mateo County and the San Mateo County Transportation Authority, as prescribed.
10/10/17 Chaptered by Secretary of State. Chapter 650, Statutes of 2017.
SCR 8 (Portantino) President Barack H. Obama Memorial Highway.
Designates the portion of Route 134 from Route 2 to I-210 in Los Angeles County as the "President Barack H. Obama Highway".
09/11/17 Chaptered by Secretary of State. Res. Chapter 147, Statutes of 2017.
SCR 56 (Anderson) Historic Highway Route 67.
Designates Route 67 in the County of San Diego as "Historic Highway Route 67"
09/22/17 Chaptered by Secretary of State. Res. Chapter 177, Statutes of 2017.
SCR 60 (Nguyen) Lieutenant Colonel Nguyen Thi Hanh Nhon’s Disabled Veterans Memorial Highway.
Designates the portion of I-405 northbound in the County of Orange between Magnolia Street, approximately postmile 405 ORA 15.210, and Brookhurst Street, approximately postmile 405 ORA 13.780, as the "Lt. Colonel Nguyen Thi Hanh Nhon’s Disabled Veterans Memorial Highway".
09/22/17 Chaptered by Secretary of State. Res. Chapter 178, Statutes of 2017.