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2004 Legislative Session
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AB 775 (Parra) Highways: federal funding of safety projects.
Status:02/17/2004-Referred to Com. on TRANS.
Current Location:02/17/2004-S TRANS.
Calendar Events:
Summary: Existing federal law provides funding for a number of programs related to projects for the improvement of highway safety and the reduction of traffic congestion, including projects for bicycle and pedestrian safety and traffic calming measures in high-hazard locations. Existing state law authorizes, until January 1, 2005, certain state and local entities to secure and expend the federal funds for these purposes. This bill would change the January 1, 2005, repeal date to January 1, 2010, after which time the federal transportation funds received by the state would be spent for highway purposes other than projects for bicycle and pedestrian safety and traffic calming measures in high-hazard locations. This bill contains other related provisions and other existing laws.
Digest: (1) Existing federal law provides funding for a number of programs related to projects for the improvement of highway safety and the reduction of traffic congestion, including projects for bicycle and pedestrian safety and traffic calming measures in high-hazard locations. Existing state law authorizes, until January 1, 2005, certain state and local entities to secure and expend the federal funds for these purposes.
This bill would change the January 1, 2005, repeal date to January 1, 2010, after which time the federal transportation funds received by the state would be spent for highway purposes other than projects for bicycle and pedestrian safety and traffic calming measures in high-hazard locations.
(2) Existing law requires until January 1, 2005, the Department of Transportation, in consultation with the Department of the California Highway Patrol, to establish and administer a "Safe Routes to School" construction program pursuant to federal law and to use federal transportation funds for construction of bicycle and pedestrian safety and traffic calming projects. Under existing law, the Department of Transportation is required to report to the Legislature regarding this program.
This bill would extend the operation of these provisions to January 1, 2010.
Existing law requires the Department of Consumer Affairs to develop and continuously conduct a public information program, in consultation with the State Air Resources Board, to develop and maintain public support and cooperation for the motor vehicle inspection and maintenance program. Existing law requires the department to perform extensive marketing research to identify the target populations that should be notified of the public information program.
This bill would define extensive marketing research to include information provided by any statewide association of test and repair station owners. This bill would provide that it is the intent of the Legislature that the changes made by this bill are declarative of existing law.

Vote: majority. Appropriation: no. Fiscal committee: no yes . State-mandated local program: no.
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AB 1272 (Dutra) Vehicles: license plates.
Status:04/01/2004-From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on TRANS.
Current Location:04/01/2004-S TRANS.
Calendar Events:
Summary: Under existing law, the Department of Motor Vehicles licenses and regulates dealers of motor vehicles. Existing law requires that when two license plates are issued by the department for use upon a vehicle, they shall be attached to the vehicle for which they were issued, one in the front and the other in the rear. This bill would provide that upon the retail sale or lease of a motor vehicle for which the department issues two license plates, a dealer may not deliver the motor vehicle unless certain conditions are met regarding the securing of the front license plate. This bill contains other related provisions and other existing laws.
Digest: Under existing law, the Department of Motor Vehicles licenses and regulates dealers of motor vehicles. Existing law requires that when two license plates are issued by the department for use upon a vehicle, they shall be attached to the vehicle for which they were issued, one in the front and the other in the rear.
This bill would provide that upon the retail sale or lease of a motor vehicle for which the department issues two license plates, a dealer may not deliver the motor vehicle unless certain conditions are met regarding the securing of the front license plate.

This bill would prohibit a vehicle manufacturer or distributor from selling or distributing in this state a new motor vehicle for which the department issues two license plates, unless that motor vehicle is equipped or provided with a bracket or other means of securing the license plates.
Because under existing law, it is a crime to violate or fail to comply with the Vehicle Code, this bill would impose a state-mandated local program by creating a new crime.
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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no yes .
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AB 1809 (Malfa, La) Commercial motor vehicle: weight fee exclusion.
Status:04/21/2004-In committee: Set, first hearing. Referred to APPR. suspense file.
Current Location:04/21/2004-A APPR. SUSPENSE FILE
Calendar Events:
Summary: Existing law imposes gross vehicle weight fees, in accordance with a schedule based on gross vehicle weight ranges, upon the registration of commercial motor vehicles operated either singly or in combination with a declared gross vehicle weight of 10,001 pounds or more and to certain tow trucks. Certain towing commercial motor vehicles that are owned and operated exclusively by a farmer or an employee of a farmer in the conduct of agricultural operations are excluded when calculating the weight fees. This bill would also exclude from that calculation the weight of a flatbed motortruck with a manufacturer's gross vehicle weight rating of less than 11,500 pounds and an unladen weight of less than 8,001 pounds that is owned and operated exclusively by a farmer or an employee of a farmer in the conduct of agricultural operations.
Digest: Existing law imposes gross vehicle weight fees, in accordance with a schedule based on gross vehicle weight ranges, upon the registration of commercial motor vehicles operated either singly or in combination with a declared gross vehicle weight of 10,001 pounds or more and to certain tow trucks. Certain towing commercial motor vehicles that are owned and operated exclusively by a farmer or an employee of a farmer in the conduct of agricultural operations are excluded when calculating the weight fees.
This bill would also exclude from that calculation the weight of a flatbed motortruck with a manufacturer's gross vehicle weight rating of less than 11,500 pounds and an unladen weight of less than 8,001 pounds that is owned and operated exclusively by a farmer or an employee of a farmer in the conduct of agricultural operations.
Under existing law and for purposes of the Vehicle Code, the term "pickup truck" is defined as a motor truck with a manufacturer's gross vehicle weight rating of less than 11,500 pounds, an unladen weight of less than 8,001 pounds, and which is equipped with an open box-type bed not exceeding 9 feet in length.
This bill would delete the requirement that the motor truck is equipped with an open-type box in order to meet the definition of a pickup truck.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
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AB 1995 (Cox) Public works: prevailing wages: offsite work.
Status:04/21/2004-In committee: Set, first hearing. Failed passage.
Current Location:03/18/2004-A L. & E.
Calendar Events:
Summary: Existing law generally requires the payment of the general prevailing rate of per diem wages to workers employed on public works projects costing over $1,000, unless the awarding body, as defined, elects to initiate and enforce a labor compliance program, as defined, for every public works project under the authority of that awarding body. Existing law generally defines "public works" to include construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds. This bill would exempt from the prevailing wage requirements fabrication or prefabrication work done at permanent offsite facilities of a contractor.
Digest: Existing law generally requires the payment of the general prevailing rate of per diem wages to workers employed on public works projects costing over $1,000, unless the awarding body, as defined, elects to initiate and enforce a labor compliance program, as defined, for every public works project under the authority of that awarding body. Existing law generally defines "public works" to include construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds.
This bill would exempt from the prevailing wage requirements fabrication or prefabrication work done at permanent offsite facilities of a contractor.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
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AB 2001 (Nation.) Vehicles: School Zone fines.
Status:04/20/2004-From committee: Do pass, and re-refer to Com. on APPR.
Current Location:03/18/2004
 
Summary: Adds Marin County to the list of pilot projects that
have authorization to adopt a school pedestrian-bicyclist safety
program (Program).
Digest: EXISTING LAW:

1)Authorizes the Counties of Alameda, Santa Barbara, Ventura,
and any city within those counties to adopt a Program through
approval of its board of supervisors and city councils.

2)Enhances penalties for vehicular violations if they take place
in highway construction or highway maintenance zones, or on
any of the various highway segments specifically designated in
statute as "Safety-Enhancement Double-Fine Zones."

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AB 2024 (Bermudez) Ports: transportation network.
Status:04/20/2004-From committee: Do pass, and re-refer to Com. on APPR.
Current Location:
 
Summary: Requires the Secretary of the Business, Transportation
and Housing (BT&H) Agency to prepare recommendations on measures
to improve the movement of port related cargo. Specifically,
Digest: provides that the Department of Transportation
(Caltrans) has full possession and control of all state
highways. Caltrans is required to engage in various
transportation planning activities, including activities related
to identification of intermodal corridors of economic
significance.
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AB 2032 Dutra and Kehoe (Principal coauthor: Senator Alpert)
(Coauthors: Shirley Horton and Houston).
HOT lanes: demonstration projects.
Status:04/20/2004-From committee: Do pass, and re-refer to Com. on APPR.
Current Location: 04/12/2004
 
Summary: Authorizes the operation of demonstration programs on
specified highways in the state where single occupant motorists
would be allowed to access high occupancy vehicle (HOV) lanes by
paying a toll.
Digest: EXISTING LAW:

1)Authorizes SANDAG, in cooperation with Caltrans, to conduct a
demonstration program where SOVs are allowed to use the HOV
lane on a portion of the I-15 Freeway for a fee. The
authorization for this project, which is sometimes known as a
High-Occupancy Toll (HOT) lane, is scheduled to sunset on
January 1, 2000.

2)Requires that the level of service in these HOV lanes to be
Service B, as adopted by the Transportation Research Board
(TRB), or the level of service of an HOV lane without
single-occupant vehicles.

3)Requires SANDAG, upon completion (January 1, 2000) of the
demonstration program, to submit a report to the Legislature
on its findings, conclusions, and recommendations regarding
the program.

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AB 2040 (La Suer) Vehicles: hazardous materials endorsement.
Status:04/13/2004-From committee: Do pass, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. Re-referred. (Ayes 13. Noes 0.) (April 12).
Current Location:04/13/2004-A APPR.
Calendar Events:04/28/04 9:00 a.m. - Room 4202 ASM APPROPRIATIONS
Summary: Existing law prohibits a person from operating a commercial motor vehicle, as defined, unless that person has in his or her possession a valid commercial driver's license for the appropriate class and an endorsement issued by the Department of Motor Vehicles to permit the operation of the vehicle. Operation of a vehicle transporting hazardous materials, as defined, requires a hazardous materials endorsement. This bill would specify that compliance with certain federal regulations relating to credentialing and background checks for maritime and land transportation security is required for issuance of a hazardous materials endorsement. This bill contains other related provisions and other existing laws.
Digest: (1) Existing law prohibits a person from operating a commercial motor vehicle, as defined, unless that person has in his or her possession a valid commercial driver's license for the appropriate class and an endorsement issued by the Department of Motor Vehicles to permit the operation of the vehicle. Operation of a vehicle transporting hazardous materials, as defined, requires a hazardous materials endorsement.
This bill would specify that compliance with certain federal regulations relating to credentialing and background checks for maritime and land transportation security is required for issuance of a hazardous materials endorsement.
(2) Existing law prohibits the department from revoking or refusing to issue or renew a person's hazardous materials endorsement on the grounds that the person was convicted of committing a traffic violation in other than a commercial vehicle or that the person's driving privilege has been placed on probation only for a reason involving unsafe operation of a motor vehicle.
This bill would delete the specified prohibition.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
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AB 2157 (Reyes) Commissioner of the California Highway Patrol.
Status:04/12/2004-From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended. Re-referred to Com. on TRANS. In committee: Set first hearing. Failed passage. Reconsideration granted.
Current Location:04/12/2004-A TRANS.
Calendar Events:
Summary: This bill would require the commissioner to also serve as a member of the Governor's cabinet. The bill would require the commissioner to directly correspond with and advise the Governor on state security issues, and would provide that the commissioner is not required to disclose that correspondence or advice to anyone in the Business, Transportation and Housing Agency, unless so directed by the Governor . This bill contains other existing laws.
Digest:
Existing
law places the Department of the California Highway Patrol within the jurisdiction of the Business, Transportation and Housing Agency.
This bill would delete the department from the agency's jurisdiction and would place the department directly under the jurisdiction of the Governor as an independent, cabinet-level agency.
(2) Existing law requires the Commissioner of the California Highway Patrol to be appointed by the Governor and serve at the pleasure of the Governor.

This bill , instead, would make the commissioner subject to removal from office only for good and reasonable cause would require the commissioner to also serve as a member of the Governor's cabinet. The bill would require the commissioner to directly correspond with and advise the Governor on state security issues, and would provide that the commissioner is not required to disclose that correspondence or advice to anyone in the Business, Transportation and Housing Agency, unless so directed by the Governor .
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
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AB 2201

(Firebaugh) Vehicles.
CDTOA Bill - Signed 9/14/04

"This bill will go into effect January 1st, 2005"

 

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AB 2456 (Spitzer) Regional transportation improvement programs.
Status:04/20/2004-From committee: Do pass, and re-refer to Com. on APPR.
Re-referred. (Ayes 14. Noes 0.) (April 19).
Current Location:04/21/2004-A APPR.
Calendar Events:
 
Summary: Establishes a baseline level of funding for
allocations to planning, programming and monitoring (PPM) costs
projects fixed at the amount allocated by the California
Transportation Commission (CTC) during the 2002 State
Transportation Improvement Program (STIP).
 
Digest: EXISTING LAW :

1)Requires CTC to program interregional and regional
transportation capital improvement projects through the State
Transportation Improvement Program process, consistent with
estimated available funding.

2)Requires regional improvement projects nominated by regional
agencies to be programmed by the commission pursuant to
certain formulas, known as the north-south split and county
shares.

3)Authorizes a transportation planning agency or county
transportation commission to request and receive an amount not
to exceed 1% of its regional improvement fund expenditures for
the purposes of project planning, programming, and monitoring
(PPM). Under current law a transportation planning agency and
county transportation commission that does not receive federal
metropolitan planning funds may request and receive up to 5% of those expenditures for PPM purposes.

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AB 2541 (Frommer) Low Emission Contractor Incentive Program.
Status:04/21/2004-From committee: Do pass, and re-refer to Com. on APPR. Re-referred.
(Ayes 10. Noes 3.) (April 20).
Current Location:04/21/2004-A APPR.
Calendar Events:
Summary: Existing law requires the State Energy Resources Conservation and Development Commission, the Department of General Services, and the State Resources Board to develop and adopt fuel-efficiency specifications governing the purchase of state motor vehicles and replacement tires that will reduce petroleum consumption of the state vehicle fleet to the maximum extent practicable and cost-effective . This bill would require the Department of General Services, in consultation with the State Air Resources Board, to develop and implement a statewide Low Emission Contractor Incentive Program on or before July 1, 2005 , to be applied to all state agencies and departments in contracting for construction, the procurement of goods, or the delivery of services . The bill, with limited exceptions, would require every advertisement or notice for bids on contracts within the program to include program requirements that specify the minimum bonus or preference that would be awarded in the evaluation and scoring of bids for bidders who meet specified requirements , including the obtaining of low-emission status for its vehicles or equipment, as provided .
Digest: Existing law requires the State Energy Resources Conservation and Development Commission, the Department of General Services, and the State Resources Board to develop and adopt fuel-efficiency specifications governing the purchase of state motor vehicles and replacement tires that will reduce petroleum consumption of the state vehicle fleet to the maximum extent practicable and cost effective cost-effective .
This bill would require the Department of General Services, in consultation with the State Air Resources Board, to develop and implement a statewide Low Emission Contractor Incentive Program on or before July 1, 2005 , to be applied to all state agencies and departments in contracting for construction, the procurement of goods, or the delivery of services . The bill would require the program to provide bonuses or preferences for contractors who procure and operate low-emission vehicles, obtain low-emission fleet status for off-road equipment fleets and heavy-duty on-road vehicle fleets, and implement a certified ridesharing program that uses low-emission vehicles. The bill, with limited exceptions, would require every advertisement or notice for bids on contracts within the program to include program requirements that specify the minimum bonus or preference that would be awarded in the evaluation and scoring of bids for bidders who meet specified requirements , including the obtaining of low-emission status for its vehicles or equipment, as provided .
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
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AB 2547 (Lowenthal) Physician and surgeon reporting of medical conditions:
Department of Motor Vehicles.
Status:04/20/2004 LAST HIST. ACTION : From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 10. Noes 3.)
Current Location:ASM APPROPRIATIONS
Calendar Events:
Summary: Changes reporting requirements regarding the medical condition of drivers. Specifically, this bill :

1)Makes it voluntary for physicians and surgeons to report in writing to the Department of Motor Vehicle (DMV) the name, date of birth, and address of every patient 14 years or older, diagnosed with lapses of consciousness disorder.

2)Deletes Alzheimer's disease and related disorders as lapses of consciousness disorders that must be reported to the local health agency.

3)Requires physicians and surgeons to report instead to DMV, in writing, the name, date of birth, and address of every patient diagnosed with Alzheimer's disease, dementia, or both.

4)Provides that a physician or surgeon, who diagnoses a patient with Alzheimer's disease, dementia, or both, may not be held civilly or criminally liable for reporting that diagnosis to DMV.

5)Requires every driver to report to DMV, within 10 days of becoming aware of any medical condition that is likely to cause loss of consciousness or loss of ability to operate a motor vehicle.

6)Requires DMV to determine those temporary conditions that are not required to be reported.

7)Requires DMV to arrange for a medical or psychological examination of each individual holding a driver's license and diagnosed with lapses of consciousness disorder.

8)Requires DMV to cancel an individual's driver's license if the examination reveals the driver cannot safely operate a motor vehicle.

Digest: 1)Requires all physicians and surgeons to report to the local health officer, in writing, the name, date of birth, and address of every patient 14 years and older diagnosed with lapses of consciousness disorder. The local health officer is, in turn, required to report the patient to DMV.

2)Requires DMV to define disorders characterized by lapses of consciousness and functional severity to guide reporting so that cases reported are only those where there is reason to believe that the patients' conditions are likely to impair
their ability to operate a motor vehicle. Alzheimer's disease and related disorders are included in the definition of lapses of consciousnessdisorder.

3)Prohibits holding a physician and surgeon criminally or civilly liable for reporting a patient diagnosed with lapses of consciousness disorder.

4)Authorizes DMV to refuse to issue or renew the driver's license of a person diagnosed with lapses of consciousness disorder.

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AB 2597 (La Suer) Vehicle license fees: prepayment.
Status:03/08/2004-Referred to Com. on REV. & TAX.
Current Location:03/08/2004-A REV. & TAX
Calendar Events:05/03/04 1:30 p.m. - Room 126 ASM REVENUE AND TAXATION
Summary: The Vehicle License Fee (VLF) Law establishes, in lieu of any ad valorem property tax upon vehicles, an annual license fee for any vehicle subject to registration in this state in the amount of 2% of the market value of that vehicle, as specified, but offsets this amount by 67.5% for vehicle license fees with a final due date on or after July 1, 2001. Existing law provides a refund or a credit against future vehicle license fees if a vehicle for which vehicle license fees were paid is stolen or declared a constructive loss, as provided. This bill would allow a taxpayer to elect to prepay up to 4 years of its obligation under the VLF Law and provide a discount for those taxpayers that so elect, as provided. This bill would prohibit a taxpayer that prepays its VLF Law obligation from obtaining a refund when that taxpayer sells the vehicle or moves from the state, as specified, but would allow a prepaying taxpayer to obtain a refund or credit against future vehicle license fees if the vehicle is stolen or is declared a constructive loss, as provided. This bill contains other related provisions.
Digest: The Vehicle License Fee (VLF) Law establishes, in lieu of any ad valorem property tax upon vehicles, an annual license fee for any vehicle subject to registration in this state in the amount of 2% of the market value of that vehicle, as specified, but offsets this amount by 67.5% for vehicle license fees with a final due date on or after July 1, 2001. Existing law provides a refund or a credit against future vehicle license fees if a vehicle for which vehicle license fees were paid is stolen or declared a constructive loss, as provided.
This bill would allow a taxpayer to elect to prepay up to 4 years of its obligation under the VLF Law and provide a discount for those taxpayers that so elect, as provided. This bill would prohibit a taxpayer that prepays its VLF Law obligation from obtaining a refund when that taxpayer sells the vehicle or moves from the state, as specified, but would allow a prepaying taxpayer to obtain a refund or credit against future vehicle license fees if the vehicle is stolen or is declared a constructive loss, as provided.
This bill would take effect immediately as a tax levy.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
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AB 2606 (Plescia) Vehicles: registration and title: expedited issuance.
Status:04/22/2004-Re-referred to Com. on APPR.
Current Location:04/22/2004-A APPR.
Calendar Events:
Summary: Existing law prohibits the Department of Motor Vehicles from issuing a copy, duplication, or substitution of a certificate of ownership or license plate for a vehicle if, after a search of the records of the department, the registered owner's address, as submitted with the application for that document, is different from that which appears in the records of the department, unless the registered owner applies for that document in person and presents certain verifying documents. This prohibition does not apply if, among other things, the registered owner's name, address, and driver' s license or identification card number submitted on the application match the name, address, and driver's license or identification card number contained in the department's records, or if an application for a duplicate or substitute certificate of title or license plate is submitted by or through a legal owner, as specified, a dealer, a dismantler, an insurer, an agent of the insurer, or a salvage pool. This bill, additionally, would provide that the specified prohibition does not apply if the application is submitted by or through a dealer's agent or a licensed registration service representing certain individuals, entities, or bankruptcy referees , as specified. This bill contains other related provisions and other existing laws.
Digest: (1) Existing law prohibits the Department of Motor Vehicles from issuing a copy, duplication, or substitution of a certificate of ownership or license plate for a vehicle if, after a search of the records of the department, the registered owner's address, as submitted with the application for that document, is different from that which appears in the records of the department, unless the registered owner applies for that document in person and presents certain verifying documents. This prohibition does not apply if, among other things, the registered owner's name, address, and driver' s license or identification card number submitted on the application match the name, address, and driver's license or identification card number contained in the department's records, or if an application for a duplicate or substitute certificate of title or license plate is submitted by or through a legal owner, as specified, a dealer, a dismantler, an insurer, an agent of the insurer, or a salvage pool.
This bill, additionally, would provide that the specified prohibition does not apply if the application is submitted by or through a dealer's agent or a licensed registration service representing any person certain individuals, entities, or bankruptcy referees , as specified.
(2) Existing law authorizes the department to charge a service fee of not more than $15, in addition to other fees payable under the Vehicle Code, for the completion of an initial registration or transfer of registration of a vehicle within 72 hours after receipt of a complete and proper registration application. This expedited service is available only at the department's headquarters office in Sacramento.
This bill, additionally, would authorize the department to provide the expedited service for issuance of a duplicate certificate of ownership.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
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AB 2785 (Nakano) Vehicles: wireless telephones.
Status:04/16/2004-Re-referred to Com. on APPR.
Current Location:04/16/2004-A APPR.
Calendar Events:
Summary: Under existing law, motor vehicle operation is closely regulated, and drivers must follow many legal requirements or face criminal sanction. Aside from a provision making it unlawful to rent out a vehicle with cellular radio telephone equipment unless the renter provides instructions on the safe use of the equipment, there is no specific limitation in existing law on the placement or use of wireless telephones in motor vehicles. This bill would make it an infraction to drive a schoolbus or a transit vehicle , as those terms are defined, while using a wireless telephone. The bill would provide that this prohibition does not apply to a driver who is using the wireless telephone for work-related purposes, or for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency service agency or entity . The bill would specify that a violation of this new offense does not constitute a serious traffic violation for purposes of the commercial motor vehicle safety program. This bill contains other related provisions and other existing laws.
Digest: Under existing law, motor vehicle operation is closely regulated, and drivers must follow many legal requirements or face criminal sanction. Aside from a provision making it unlawful to rent out a vehicle with cellular radio telephone equipment unless the renter provides instructions on the safe use of the equipment, there is no specific limitation in existing law on the placement or use of wireless telephones in motor vehicles.
This bill would make it an infraction to drive a schoolbus or a transit bus vehicle , as those terms are defined, while using a wireless telephone. The bill would provide that this prohibition does not apply to a driver who is using the wireless telephone for work-related purposes, or for emergency purposes, including, but not limited to, an emergency call to contact a law enforcement agency, health care provider, fire department, or other emergency service agency or entity , for emergency purposes . The bill would specify that a violation of this new offense does not constitute a serious traffic violation for purposes of the commercial motor vehicle safety program.
By creating a new infraction, this 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
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AB 2847 (Oropeza) Gasoline and motor vehicle diesel fuel fee.
Status:04/22/2004-Re-referred to Com. on TRANS.
Current Location:04/22/2004-A TRANS.
Calendar Events:05/03/04 1:30 p.m. - Room 4202 ASM TRANSPORTATION
Summary: The Motor Vehicle Fuel License Tax Law imposes a tax of 18 per gallon of fuel, and requires, if the federal fuel tax is reduced below the rate of 9 per gallon and federal financial allocations to this state are reduced or eliminated, that the tax rate be increased so that the combined state and federal tax rate per gallon equals 27 . The Diesel Fuel Tax Law imposes an excise tax for the use of fuel at a rate of 18 per gallon, and requires that, if the federal fuel tax is reduced below the rate of 15 per gallon and specified federal financial allocations to this state are reduced or eliminated, the tax rate be increased by an amount so that the combined state and federal tax rate per gallon equals 33 per gallon. i This bill would also, until January 1, 2008, impose a 5 fee on each gallon of gasoline subject to the Motor Vehicle Fuel License Tax Law and each gallon of motor vehicle diesel fuel subject to the Diesel Fuel Tax Law. The revenues from the fee would be deposited in the Highway Fee Fund created by the bill. The bill would require the fee to be imposed on those persons and entities subject to and would be collected pursuant to the same procedures set forth in the Motor Vehicle Fuel License Tax Law and the Diesel Fuel Tax Law. The bill would require revenues from the fee, except for refunds, to be used, upon appropriation by the Legislature, only to finance the maintenance, operation, improvement, and construction of the state highway and local street and road system, and to finance environmental programs that mitigate the air impacts of motor vehicles. t This bill would declare that it is to take effect immediately as an urgency statute.
Digest: The Motor Vehicle Fuel License Tax Law imposes a tax of 18 per gallon of fuel, and requires, if the federal fuel tax is reduced below the rate of 9 per gallon and federal financial allocations to this state are reduced or eliminated, that the tax rate be increased so that the combined state and federal tax rate per gallon equals 27 . The Diesel Fuel Tax Law imposes an excise tax for the use of fuel at a rate of 18 per gallon, and requires that, if the federal fuel tax is reduced below the rate of 15 per gallon and specified federal financial allocations to this state are reduced or eliminated, the tax rate be increased by an amount so that the combined state and federal tax rate per gallon equals 33 per gallon. i This bill would also, until January 1, 2008, impose a 5 fee on each gallon of gasoline subject to the Motor Vehicle Fuel License Tax Law and each gallon of motor vehicle diesel fuel subject to the Diesel Fuel Tax Law. The revenues from the fee would be deposited in the Highway Fee Fund created by the bill. The bill would require the fee to be imposed on those persons and entities subject to and would be collected pursuant to the same procedures set forth in the Motor Vehicle Fuel License Tax Law and the Diesel Fuel Tax Law. The bill would require money revenues from the fee, except for refunds, to be used, upon appropriation by the Legislature, only to finance the maintenance, operation, improvement, and construction of the state highway and local street and road system, and to finance environmental programs that mitigate the air impacts of motor vehicles. t This bill would declare that it is to take effect immediately as an urgency statute.
Vote: majority 2/3 . Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
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AB 2880 (Pavley) Vehicles: registration: fees: increase.
Status:04/21/2004-In committee: Set, first hearing. Referred to APPR. suspense file.
Current Location:04/21/2004-A APPR. SUSPENSE FILE
Calendar Events:
Summary: Existing law requires the Department of Motor Vehicles, if requested by an air pollution control district or an air quality management district, to impose and collect a surcharge of not more than $4 on the registration fees for every motor vehicle registered in that district, as specified by the governing body of the district. This bill would increase the specified fee amount to $6.
Digest: Existing law requires the Department of Motor Vehicles, if requested by an air pollution control district or an air quality management district, to impose and collect a surcharge of not more than $4 on the registration fees for every motor vehicle registered in that district, as specified by the governing body of the district.
This bill would increase the specified fee amount to $6.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
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AB 2899 (Shirley Horton) Biodiesel.
Status:04/20/2004-From committee: Do pass, and re-refer to Com. on APPR.
with recommendation: To Consent Calendar. Re-referred. (Ayes 14. Noes 0.) (April 19).
Current Location:ASM APPROPRIATIONS
Calendar Events:
Summary: Specifies standards for biodiesel fuel and fuel
blends. Specifically, this bill :

1)Defines "biodiesel" and "biodiesel blend" for purposes of the bill.

2)Requires biodiesel used as a blend stock to meet the specifications in the most recent version of the American Society for Testing and Materials (ASTM) D-6751.

3)Requires biodiesel finished blends B5 and below to meet the specifications in ASTM D-975 and finished blends greater than B5 to meet the specifications in ASTM D-975 and provide a 10 degree Fahrenheit increase in distillation temperature.

4)Provides that these provisions will become inoperative when pertinent fuel specifications are established by a recognized consensus organization or standards writing organization, such as the ASTM or the Society of Automobile Engineers (SAE).

5)Allows any person selling finished blends containing 20% biodiesel to display on the dispensing apparatus in a conspicuous place a sign stating "Biodiesel Blend 20."

6)Prohibits any person from selling at retail to the general public any biodiesel fuel B21 to B100 from any place of business unless there is displayed in a conspicuous place on the dispensing apparatus at least one sign stating the specific volume concentration of biodiesel.

7)Requires development of a voluntary carbon dioxide (CO2) labeling program for petroleum, biodiesel, and finished fuel blends containing biodiesel in order to provide fuel distributors and retailers the ability to voluntarily display a pump or tank label displaying recognized CO2 life-cycle reductions and fuel efficiency.

8)Requires the California Energy Commission (CEC) to be responsible for assessing and determining the levels of lifecycle CO2 reductions, which are to be demonstrated in terms of percentages of reductions. The CEC would also be the
entity responsible for assessing and determining the levels of fuel efficiency.

9)Requires the CEC to adopt the findings of any lifecycle CO2 analysis that has previously been conducted by a single agency or department or combination of agencies and departments of the federal government.

10)Allows the CEC to establish a testing program in assessing and determining levels of lifecycle CO2 reductions and fuel efficiency. Where no previous CO2 lifecycle analysis has been conducted by an entity of the federal government, the CEC
would be required to consider data and findings provided by the industry, private sector research, academic research, and government sponsored research as part of their assessment and determination of lifecycle CO2 reductions. If the CEC finds
the data submitted by industry, private sector research, academic research, or government research is adequate, it would be allowed to establish CO2 lifecycle reductions based on the results of the provided findings.

11)Requires administration and enforcement of the program to be conducted by CEC, which would be responsible for the development and distribution of CO2 content labels and would be authorized to establish a fee in order to recoup its costs from program participants.

12)Requires entities that choose to participate in the program to file an annual report of their intent to participate and to submit label requests to the CEC for approval.

13)Requires the amount of CO2 reduction established pursuant to this program to be recognized as accurate for all purposes under California law.

14)Declares the intent of the Legislature to enable the use of biodiesel to achieve CO2 emission reductions and allow the user to generate CO2 credits for credit banking and trading programs, as well as for eligibility as a CO2 reduction
compliance strategy under greenhouse gas reduction rules and programs established in California.

Digest: Requires the Division of Measurement Standards
within the Department of Food and Agriculture to establish
specifications for engine fuels.

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AB 3047 (Committee on Transportation) Transportation.
Status:04/21/2004-In committee: Set, first hearing. Referred to APPR. suspense file.
Current Location:04/21/2004-A APPR. SUSPENSE FILE
Calendar Events:
Summary: Existing law provides that the Department of Transportation shall have 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 traversable highway on an authorized route by the California Transportation Commission. Existing law authorizes the commission to relinquish certain state highway segments to local agencies. This bill would authorize the commission to relinquish a portion of State Highway Route 170 in the City of Los Angeles under certain conditions. This bill contains other related provisions and other existing laws.
Digest: (1) Existing law provides that the Department of Transportation shall have 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 traversable highway on an authorized route by the California Transportation Commission. Existing law authorizes the commission to relinquish certain state highway segments to local agencies.
This bill