Bill Text: CA AB2679 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Transportation: omnibus bill.

Spectrum: Slight Partisan Bill (Democrat 9-4)

Status: (Passed) 2012-09-29 - Chaptered by Secretary of State - Chapter 769, Statutes of 2012. [AB2679 Detail]

Download: California-2011-AB2679-Introduced.html
BILL NUMBER: AB 2679	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Transportation (Assembly Members Bonnie
Lowenthal (Chair), Jeffries (Vice Chair), Achadjian, Blumenfield,
Bonilla, Buchanan, Eng, Furutani, Galgiani, Logue, Miller,
Portantino, and Solorio)

                        MARCH 6, 2012

   An act to amend Sections 935.7 and 29532.4 of the Government Code,
to amend Sections 99155, 99155.5, 99206.5, 99207, 99214, 99220,
99233.12, 99238, 99238.5, 99260.7, 99262, 99268.5, 99285.2, and
99401.5 of the Public Utilities Code, to amend Sections 6480.1 and
60116 of the Revenue and Taxation Code, to amend Sections 349, 366,
374, 392, 411, 446, 478, 485, 493, 527, and 538 of, and to amend and
repeal Section 410 of the Streets and Highways Code, and to repeal
Section 27314.5 of the Vehicle Code, relating to transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2679, as introduced, Committee on Transportation.
Transportation: omnibus bill.
   (1) Existing law authorizes the Department of Transportation to
pay claims or damages up to a maximum of $5,000 without the approval
of the California Victim Compensation and Government Claims Board.
   This bill would adjust the claim limit that may be paid by the
department under these provisions to equal the maximum amount of a
claim that can be brought in small claims court.
   (2) Existing law, the Mills-Alquist-Deddeh Act, also known as the
Transportation Development Act, provides for funding of local public
transit systems throughout the state and requires, among other
things, specified special accommodations for handicapped persons, as
defined, on public transit systems.
   This bill would replace the term "handicapped" with the term
"disabled" throughout the act.
   (3) Existing law authorizes the Solano County Transportation
Authority to claim up to 2% of local transportation funds available
under the Transportation Development Act for countywide transit
planning and coordination relative to Solano County.
   This bill would authorize the authority to claim up to 2.7% of
those funds for these purposes.
   (4) Existing law creates transportation commissions or authorities
in certain counties, including Imperial and Los Angeles Counties,
with various responsibilities relating to transportation planning and
programming, among other things.
   This bill would update various obsolete references to the Imperial
County Transportation Commission and to the Los Angeles County
Metropolitan Transportation Authority to reflect their current names.

   (5) Existing law provides for the California Transportation
Commission to adopt locations for state highways on routes authorized
by law, and provides for relinquishment of certain segments of state
highways from the state to local agencies.
   This bill would acknowledge the relinquishment of the portion of
Route 49 in the City of Auburn, the portions of Route 66 in the
Cities of Fontana, Rancho Cucamonga, Upland, and Claremont, the
portions of Route 74 in the Cities of Palm Desert and Lake Elsinor,
the portion of Route 92 in the City of Hayward, a portion of Route
110 in the City of Los Angeles, the portion of Route 111 in the City
of Cathedral City, the portion of Route 146 in the City of Soledad,
the portion of Route 178 in the City of Bakersfield, the portion of
Route 185 in the City of Hayward, the portion of Route 193 in the
City of Lincoln, the portions of Route 227 in the Cities of Arroyo
Grande and San Luis Obispo, and the portion of Route 238 in the City
of Hayward.
   (6) Existing law imposes excise taxes and sales and use taxes on
motor vehicle fuel, commonly known as gasoline, on jet fuel, and on
diesel fuel. Existing law requires the State Board of Equalization to
make specified annual adjustments to the tax rates to ensure the
revenue neutrality under previously enacted statutory modifications
of these tax rates, under which modifications certain taxes increased
while others decreased. Existing law requires prepayment of a
certain portion of the sales tax liability on these fuels based on
annual estimates made by the State Board of Equalization that rely on
a specified report of the State Energy Resources Conservation and
Development Commission to determine the retail price of fuel.
   This bill would require the annual adjustments to sales tax
prepayment rates to be made at the same time as the annual
adjustments of the fuel tax rates, and would provide for the
prepayment rates to account for any changes in the fuel tax rates.
The bill would delete the reference to the specified report for
determining the retail price of fuels and would instead authorize the
board to rely on industry publications reporting that information.
The bill would make other related changes.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 935.7 of the Government Code is amended to
read:
   935.7.  (a) Notwithstanding Section 935.6, the Department of
Transportation may deny or adjust and pay any claim arising out of
the activities of the department without the prior approval of the
California Victim Compensation and Government Claims Board if both of
the following conditions exist:
   (1) The amount claimed is  five thousand dollars ($5,000)
or less   equal to or less than the amount specified as
the small claims court jurisdictional amount in Section 116.221 of
the Code of Civil Procedure  .
   (2) The Director of Finance or the Director of Transportation
certifies that a sufficient appropriation for the payment of the
claim exists.
   (b) If the department elects not to pay any claim, the department
shall provide the notice required by Section 913.
   (c) Any person who submits any claim arising out of any activity
of the Department of Transportation shall comply with every other
applicable provision of this part relating to claims against state
agencies.
  SEC. 2.  Section 29532.4 of the Government Code is amended to read:

   29532.4.  (a) Notwithstanding subdivision (d) of Section 29532,
the county transportation commission created in the Counties of Los
Angeles, Orange, Riverside, and San Bernardino by Division 12
(commencing with Section 130000) of the Public Utilities Code shall
not be designated by the Director of Transportation as the
transportation planning agency for the area under its jurisdiction,
and the Imperial Valley Association of Governments in Imperial County
shall not be designated the transportation planning agency for the
area under its jurisdiction.
   (b) Notwithstanding Section 29532, for the purposes of Chapter 4
(commencing with Section 99200) of Part 11 of Division 10 of the
Public Utilities Code, "transportation planning agency" means the
county transportation commission created in the Counties of Los
Angeles, Orange, Riverside, San Bernardino, and Ventura by Division
12 (commencing with Section 130000) of the Public Utilities Code, and
also includes the  Imperial Valley Association of
Governments   County Transportation Commission  in
Imperial County. The county auditor in each of those counties shall
pay to the public transportation entities in the county the amounts
allocated by the respective commissions or that association of
governments, as the case may be.
  SEC. 3.  Section 99155 of the Public Utilities Code is amended to
read:
   99155.  (a) Each transit operator, whether publicly or privately
funded all or in part, nonprofit or  for  profit, which
offers reduced fares to senior citizens shall honor the federal
Medicare identification card as sufficient identification to receive
reduced fares. A transit operator which offers reduced fares to those
senior citizens who are less than 65 years old shall also honor the
senior citizen identification card issued pursuant to subdivision (b)
of Section 13000 of the Vehicle Code.
   (b) Each transit operator, whether publicly or privately funded,
in whole or in part, nonprofit or for profit, which offers reduced
fares pursuant to subdivision (a) shall also offer reduced fares to
 handicapped   disabled  persons, as
defined by Section 99206.5, disabled persons, as defined by Section
295.5 of the Vehicle Code, and disabled veterans, as defined by
Section 295.7 of the Vehicle Code, at the same rate established for
senior citizens. A transit operator shall honor the 
handicapped person,  disabled person  ,  or
disabled veteran placard identification card issued pursuant to
Section 22511.55 of the Vehicle Code.
   (c) Every transit operator that offers reduced fares to 
handicapped or  disabled persons shall honor any current
identification card that is valid for the type of transportation
service or discount requested and that has been issued to an
individual with a  handicap or  disability by
another transit operator.
   (d) This section also applies to any dial-a-ride, paratransit, or
nonfixed route operator which serves the  handicapped or
 disabled, but does not apply to a private  ,
 nonprofit entity which serves the  handicapped,
 disabled  ,  or elderly.
   (e) Nothing in this section prohibits a transit operator from
issuing its own identification card, except that no such card shall
be required to be presented in addition to either a federal Medicare
card or a card issued pursuant to Section 22511.55 of the Vehicle
Code.
   (f) A transit operator, as defined in subdivision (b), which
receives funds pursuant to the Mills-Alquist-Deddeh Act (Chapter 4
(commencing with Section 99200)), shall not require that a person
requesting transportation be a resident of that transit operator's
service area.
  SEC. 4.  Section 99155.5 of the Public Utilities Code is amended to
read:
   99155.5.  (a) The Legislature intends that dial-a-ride and
paratransit services be accessible to  handicapped 
 disabled  persons, as defined in Section 99206.5. It is
intended that transportation service be provided for employment,
education, medical, and personal reasons. Transportation for
individuals with disabilities is a necessity, and allows these
persons to fully participate in our society.
   The Legislature finds and declares that the term "paratransit," as
used in the  federal  Americans with Disabilities Act of
1990 (Public Law 101-336), refers to transportation services with
specific criteria of quality and quantity, and which are required to
be made available to limited classes of persons based on eligibility
categories; this is often referred to as "ADA paratransit" or
"complementary paratransit." The Legislature finds and declares that
the terms "paratransit" and "dial-a-ride," as used in the laws of
this state, apply to a broader range of transportation services and
that not all individuals with disabilities under the laws of this
state are eligible for "ADA paratransit" under the federal law.
   (b) Each transit operator,  for  profit or nonprofit,
which provides, or contracts for the provision of, dial-a-ride or
paratransit service for individuals with disabilities and which
receives public funding pursuant to the Mills-Alquist-Deddeh Act
(Chapter 4 (commencing with Section 99200)) for that service shall
provide the service without regard to either of the following:
   (1) Whether the person is a member of a household which owns a
motor vehicle.
   (2)  The   Whether the  place of
residence of the person who requests transportation service  is
 within the service area of the provider. To the extent that
they are eligible for the specified service requested, all persons
requesting transportation service in the service area of the provider
shall be provided service on the same terms and at the same price
that service is provided to other persons residing within the service
area of the provider.
   (c) Subdivision (b) does not preclude a provider from offering a
subscription service, and does not require a reduction in the amount
the provider charges other public or private agencies.
   (d) Except as required by the  federal  Americans with
Disabilities Act of 1990 (Public Law 101-336) and federal regulations
adopted pursuant thereto or by higher standards prescribed by the
laws of this state, nothing in this section requires any transit
operator which provides service to individuals with disabilities in a
manner consistent with subdivision (b) to make those services
available outside the operator's established operating service area,
or requires the operator to make the presentation of identification a
condition to using the service.
   (e) A transit operator shall honor any current identification card
which is valid for the type of transportation service or discount
requested and which has been issued to an individual with
disabilities by another transit operator.
   (f) Any person who believes an operator has violated Section 99155
or 99155.5 may file a report of the alleged violation with the
transportation planning agency or county transportation commission.
Any individual with disabilities may request the Attorney General to
resolve any dispute as to compliance with Section 99155 or this
section.
  SEC. 5.  Section 99206.5 of the Public Utilities Code is amended to
read:
   99206.5.   "Handicapped   "Disabled 
person" means any individual who by reason of illness, injury, age,
congenital malfunction, or other permanent or temporary incapacity or
disability, including, but not limited to, any individual confined
to a wheelchair, is unable, without special facilities or special
planning or design, to utilize public transportation facilities and
services as effectively as a person who is not so affected.
   As used in this section, a temporary incapacity or disability is
an incapacity or a disability which lasts more than 90 days.
  SEC. 6.  Section 99207 of the Public Utilities Code is amended to
read:
   99207.  (a) "Included municipal operator" means a city or county
which is included, in whole or in part, within a transit district or
which has been extended the authority to join a transit district by
that district's enabling legislation, and in which city or county
public transportation services have continuously been provided, since
at least January 1, 1971, by the city or county, by a nonprofit
corporation or other legal entity wholly owned by the city or county,
or by the University of California.
   (b) "Included municipal operator" also means the City and County
of San Francisco and the Counties of Alameda and Contra Costa with
respect to any portion of the unincorporated area thereof, and any
city in those counties, which is outside the area of the
Alameda-Contra Costa Transit District and which is not receiving
adequate local public transportation services, as determined by the
Metropolitan Transportation Commission, from any of the transit
districts which includes the county or city, taking into
consideration, among other things, the amount of such services needed
in the county or city, the cost to provide such services, and the
amount of such services provided in other areas of the transit
district as compared to their needs.
   (c) "Included municipal operator" also means any city within the
County of Sacramento which (1) is outside the activated boundaries of
the Sacramento Regional Transit District, (2) contracts with the
district for transit services, and (3) provides local transit
services within the city that the Sacramento Area Council of
Governments annually determines can be better provided by the city
than the district, taking into consideration, among other things, the
amount and the nature of the services required in the city, the
ability of the district to provide the services, the coordination of
the services with district services, the remoteness of the city in
relation to other district services, the cost of providing the
services, the funds available to provide the services, and the amount
of services provided in other areas of the district compared to
their needs.
   (d) "Included municipal operator" also means any city or
unincorporated area within the County of Los Angeles (1) that is not
receiving adequate local public transportation services, as
determined by the Los Angeles County  Transportation
Commission   Metropolitan Transportation Authority 
, from either the Southern California Rapid Transit District or any
currently "included municipal operator" as defined in this section,
and (2) that meets the criteria established by the Los Angeles County
 Transportation Commission   Metropolitan
Transportation Authority  , taking into consideration, among
other things, the cost to provide such services, the amount of such
services needed in the county or city, the funds available to provide
such services, and the amount of such services provided in other
areas of the county as compared to their needs.
  SEC. 7.  Section 99214 of the Public Utilities Code is amended to
read:
   99214.  (a) "Transportation planning agency" means the entity
designated in Section 29532 of the Government Code.
   (b) "Transportation planning agency" also includes, for purposes
of this chapter, the county transportation commissions created in the
Counties of Los Angeles, Orange, Riverside, San Bernardino, and
Ventura pursuant to Division 12 (commencing with Section 130000).
   (c) "Transportation planning agency" also includes, for purposes
of this chapter, the Imperial  Valley Association of
Governments   County Transportation Commission  in
Imperial County.
  SEC. 8.  Section 99220 of the Public Utilities Code is amended to
read:
   99220.  The Legislature finds and declares as follows:
   (a) Public transportation is an essential component of the
balanced transportation system which must be maintained and developed
so as to permit the efficient and orderly movement of people and
goods in the urban areas of the state. Because public transportation
systems provide an essential public service, it is desirable that
such systems be designed and operated in such a manner as to
encourage maximum utilization of the efficiencies of the service for
the benefit of the total transportation system of the state and all
the people of the state, including the elderly, the 
handicapped   disabled  , the youth, and the
citizens of limited means  of the ability to freely utilize
the systems  .
   (b) The fostering, continuance, and development of public
transportation systems are a matter of state concern. Excessive
reliance on the private automobile for transportation has caused air
pollution and traffic congestion in California's urban areas, and
such pollution and congestion are not confined to single incorporated
areas but affect entire regions. Furthermore, public transportation
systems which are not designed so as to be usable by 
handicapped   disabled  persons foster increased
welfare costs and the waste of human resources. Thus, the Legislature
has elected to deal with the multiple problems caused by lack of
adequate public transportation on a regional basis through the
counties, with coordination of the programs being the responsibility
of the state pursuant to contract with county governments.
   (c) While providing county assistance to a particular
transportation system may not be of primary interest and benefit to
each and every taxpayer in a county, providing an integrated and
coordinated system to meet the public transportation needs of an
entire county will benefit the county as a whole. It is the purpose
of this chapter to provide for such systems in those counties where
they are needed.
   (d) The local transportation funds authorized by Article 11
(commencing with Section 29530) of Chapter 2 of Division 3 of Title 3
of the Government Code are made possible by the imposition of the
state's sales and use taxes on motor vehicle fuel, which allows for a
reduction in state taxes without a corresponding loss in revenue. By
authorizing counties to increase their sales and use taxes, an
additional source of revenue has been made available for public
transportation within such counties. Applicants for a disbursement
from a local transportation fund shall only be eligible for an
allocation from the fund of the county in which such transportation
is provided.
  SEC. 9.  Section 99233.12 of the Public Utilities Code is amended
to read:
   99233.12.  Notwithstanding anything in Sections 99233 to 99233.9,
inclusive, to the contrary, the Solano Transportation Authority may
file a claim, and the transportation planning agency may allocate,
for the area representing the cumulative areas of the authority's
member agencies, up to  2   2.7  percent of
annual revenues for countywide transit planning and coordination
purposes relative to Solano County. Funds allocated to the authority
pursuant to this section shall be allocated after allocations are
made pursuant to Sections 99233.1 and 99233.2 but prior to other
allocations.
  SEC. 10.  Section 99238 of the Public Utilities Code is amended to
read:
   99238.  Each transportation planning agency shall provide for the
establishment of a social services transportation advisory council
for each county, or counties operating under a joint powers
agreement, which is not subject to the apportionment restriction
established in Section 99232.
   (a) The social services transportation advisory council shall
consist of the following members:
   (1) One representative of potential transit users who is 60 years
of age or older.
   (2) One representative of potential transit users who is 
handicapped   disabled  .
   (3) Two representatives of the local social service providers for
seniors, including one representative of a social service
transportation provider, if one exists.
   (4) Two representatives of local social service providers for the
 handicapped   disabled  , including one
representative of a social service transportation provider, if one
exists.
   (5) One representative of a local social service provider for
persons of limited means.
   (6) Two representatives from the local consolidated transportation
service agency, designated pursuant to subdivision (a) of Section
15975 of the Government Code, if one exists, including one
representative from an operator, if one exists.
   (7) The transportation planning agency may appoint additional
members in accordance with the procedure prescribed in subdivision
(b).
   (b) Members of the social services transportation advisory council
shall be appointed by the transportation planning agency which shall
recruit candidates for appointment from a broad representation of
social service and transit providers representing the elderly, the
 handicapped   disabled  , and persons of
limited means. In appointing council members, the transportation
planning agency shall strive to attain geographic and minority
representation among council members. Of the initial appointments to
the council, one-third of them shall be for a one-year term,
one-third shall be for a two-year term, and one-third shall be for a
three-year term. Subsequent to the initial appointment, the term of
appointment shall be for three years, which may be renewed for an
additional three-year term. The transportation planning agency may,
at its discretion, delegate its responsibilities for appointment
pursuant to this subdivision to the board of supervisors.
   (c) The social services transportation advisory council shall have
the following responsibilities:
   (1) Annually participate in the identification of transit needs in
the jurisdiction, including unmet transit needs that may exist
within the jurisdiction of the council and that may be reasonable to
meet by establishing or contracting for new public transportation or
specialized transportation services or by expanding existing
services.
   (2) Annually review and recommend action by the transportation
planning agency for the area within the jurisdiction of the council
which finds, by resolution, that (A) there are no unmet transit
needs, (B) there are no unmet transit needs that are reasonable to
meet, or (C) there are unmet transit needs, including needs that are
reasonable to meet.
   (3) Advise the transportation planning agency on any other major
transit issues, including the coordination and consolidation of
specialized transportation services.
   (d) It is the intent of the Legislature that duplicative advisory
councils shall not be established where transit advisory councils
currently exist and that those existing advisory councils shall,
instead, become part of the social services transportation advisory
council and shall assume any new responsibilities pursuant to this
section.
  SEC. 11.  Section 99238.5 of the Public Utilities Code is amended
to read:
   99238.5.  (a) The transportation planning agency shall ensure the
establishment and implementation of a citizen participation process
appropriate for each county, or counties if operating under a joint
powers agreement, utilizing the social services transportation
advisory council as a mechanism to solicit the input of transit
dependent and transit disadvantaged persons, including the elderly,
 handicapped   disabled  , and persons of
limited means. The process shall include provisions for at least one
public hearing in the jurisdiction represented by the social services
transportation advisory council. Hearings shall be scheduled to
ensure broad community participation and, if possible, the location
of the hearings shall be rotated among the various communities within
the advisory council's jurisdiction. Notice of the hearing,
including the date, place, and specific purpose of the hearing shall
be given at least 30 days in advance through publication in a
newspaper of general circulation. The transportation planning agency
shall also send written notification to those persons and
organizations which have indicated, through its citizen participation
or any other source of information, an interest in the subject of
the hearing.
   (b) In addition to public hearings, the transportation planning
agency shall consider other methods of obtaining public feedback on
public transportation needs. Those methods may include, but are not
limited to, teleconferencing, questionnaires, telecanvassing, and
electronic mail.
  SEC. 12.  Section 99260.7 of the Public Utilities Code is amended
to read:
   99260.7.  In order to provide, or to contract to provide,
transportation services using vehicles for the exclusive use of
elderly or  handicapped   disabled 
persons, a city or a county, which is contributing funds it is
eligible to receive under this article to a joint powers agency of
which it is a member to operate a public transportation system, may
also file a claim under this article and may also file a claim for
funds made available pursuant to Section 99313.
  SEC. 13.  Section 99262 of the Public Utilities Code is amended to
read:
   99262.  Claims for public transportation systems may include
claims for money for all purposes necessary and convenient to the
development and operation of the system, including planning and
contributions to the transportation planning process, acquisition of
real property, construction of facilities and buildings, purchase and
replacement of vehicles (including those usable by 
handicapped   disabled  persons), and system
operation, maintenance, and repair, payment for any of which purposes
may take the form of direct expenditures or payment of principal and
interest on equipment trust certificates, bonded or other
indebtedness, or any amounts in accomplishment of a defeasance of any
outstanding revenue bond indenture.
  SEC. 14.  Section 99268.5 of the Public Utilities Code is amended
to read:
   99268.5.  (a) Commencing with claims for the 1980-81 fiscal year,
no funds shall be allocated under this article in any fiscal year to
an operator providing services using vehicles for the exclusive use
of elderly and  handicapped   disabled 
persons, unless the operator maintains, for the fiscal year, a ratio
of fare revenues to operating cost, as defined by subdivision (a) of
Section 99247, for those services at least equal to one-tenth or to
the ratio it had for those services during the 1978-79 fiscal year,
whichever is greater.
   (b) Notwithstanding subdivision (a), an operator which provides
both exclusive transportation services for elderly and 
handicapped   disabled  persons and regular
scheduled public transportation services may be allocated funds under
this article for the exclusive service if the combined services
qualify under Section 99268.1, 99268.2, 99268.3, or 99268.4, as the
case may be, and the ratio of fare revenues to operating cost for the
combined service shall not be less than the ratio required in order
to make allocations to the operator for its regular scheduled
services.
   (c) In a county which had less than 500,000 population as
determined by the 1970 federal decennial census and more than 500,000
in population as determined by the 1980 or 1990 federal decennial
census, an operator in the county shall maintain a ratio of fare
revenues to operating cost, as defined by subdivision (a) of Section
99247, at least equal to one-fifth if serving an urbanized area or
one-tenth if serving a nonurbanized area.
  SEC. 15.  Section 99285.2 of the Public Utilities Code is amended
to read:
   99285.2.   (a)  Notwithstanding subdivision (a)
of Section 99285, any county transportation commission created
pursuant to Division 12 (commencing with Section 130000) may adopt a
resolution electing to approve the proposals to be funded and shall
approve only those claims submitted for its approval. 
   (b) Notwithstanding subdivision (a) of Section 99285, for the
County of Imperial, the Imperial Valley Association of Governments
shall submit to the transportation planning agency those proposals to
be funded, and the transportation planning agency shall approve only
those claims submitted for those proposals. Alternatively, the
Imperial Valley Association of Governments may adopt a resolution
electing to approve the proposals to be funded and shall approve only
those claims submitted for those proposals. 
  SEC. 16.  Section 99401.5 of the Public Utilities Code is amended
to read:
   99401.5.  Prior to making any allocation not directly related to
public transportation services, specialized transportation services,
or facilities provided for the exclusive use of pedestrians and
bicycles, or any allocation for purposes of subdivision (f) of
Section 99400, the transportation planning agency shall annually do
all of the following:
   (a) Consult with the social services transportation advisory
council established pursuant to Section 99238.
   (b) Identify the transit needs of the jurisdiction which have been
considered as part of the transportation planning process, including
the following:
   (1) An annual assessment of the size and location of identifiable
groups likely to be transit dependent or transit disadvantaged,
including, but not limited to, the elderly, the  handicapped
  disabled  , including individuals eligible for
paratransit and other special transportation services pursuant to
Section 12143 of Title 42 of the United States Code  (the
  , the  federal Americans with Disabilities Act of
1990 (42 U.S.C. Sec. 12101  , et seq.))  et
seq.)  , and persons of limited means, including, but not
limited to, recipients under the CalWORKs program.
   (2) An analysis of the adequacy of existing public transportation
services and specialized transportation services, including privately
and publicly provided services necessary to implement the plan
prepared pursuant to Section 12143(c)
            (7) of Title 42 of the United States Code, in meeting the
transit demand identified pursuant to paragraph (1).
   (3) An analysis of the potential alternative public transportation
and specialized transportation services and service improvements
that would meet all or part of the transit demand.
   (4) An analysis of the need to acquire or lease vans and related
equipment for a farmworker vanpool program pursuant to subdivision
(f) of Section 99400. This analysis is only required, however, upon
receipt by the transportation planning agency of a request of an
interested party identifying a potential need.
   (c) Identify the unmet transit needs of the jurisdiction and those
needs that are reasonable to meet. The transportation planning
agency shall hold at least one public hearing pursuant to Section
99238.5 for the purpose of soliciting comments on the unmet transit
needs that may exist within the jurisdiction and that might be
reasonable to meet by establishing or contracting for new public
transportation or specialized transportation services or by expanding
existing services. The definition adopted by the transportation
planning agency for the terms "unmet transit needs" and "reasonable
to meet" shall be documented by resolution or in the minutes of the
agency. The fact that an identified transit need cannot be fully met
based on available resources shall not be the sole reason for finding
that a transit need is not reasonable to meet. An agency's
determination of needs that are reasonable to meet shall not be made
by comparing unmet transit needs with the need for streets and roads.

   (d) Adopt by resolution a finding for the jurisdiction, after
consideration of all available information compiled pursuant to
subdivisions (a), (b), and (c). The finding shall be that (1) there
are no unmet transit needs, (2) there are no unmet transit needs that
are reasonable to meet, or (3) there are unmet transit needs,
including needs that are reasonable to meet. The resolution shall
include information developed pursuant to subdivisions (a), (b), and
(c) which provides the basis for the finding.
   (e) If the transportation planning agency adopts a finding that
there are unmet transit needs, including needs that are reasonable to
meet, then the unmet transit needs shall be funded before any
allocation is made for streets and roads within the jurisdiction.
   (f) The transportation planning agency shall not allocate funds
for purposes of subdivision (f) of Section 99400 until all of the
capital and operating funds necessary to meet unmet transit needs
that are reasonable to meet are allocated. The transportation
planning agency shall not reduce funding to existing public
transportation services, specialized transportation services, or
facilities for the exclusive use of pedestrians and bicycles in order
to allocate funds for purposes of subdivision (f) of Section 99400.
The transportation planning agency shall not allocate funds under
subdivision (f) of Section 99400 if the allocation replaces other
federal, state, or local funds used to fund commuter vanpools by a
county, city, transportation planning agency, or transit district.
  SEC. 17.  Section 6480.1 of the Revenue and Taxation Code is
amended to read:
   6480.1.  (a) At any time that motor vehicle fuel tax or diesel
fuel tax is imposed or would be imposed, but for the dyed diesel fuel
exemption in paragraph (1) of subdivision (a) of Section 60100, or
the train operator exemption in paragraph (7) of subdivision (a) of
Section 60100 or paragraph (11) of subdivision (a) of Section 7401,
or, pursuant to subdivision (f) of Section 6480, would be deemed to
be imposed, on any removal, entry, or sale in this state of motor
vehicle fuel, aircraft jet fuel, or diesel fuel, the supplier shall
collect prepayment of retail sales tax from the person to whom the
motor vehicle fuel, aircraft jet fuel, or diesel fuel is sold.
However, if no sale occurs at the time of imposition of motor vehicle
fuel tax or diesel fuel tax, the supplier shall prepay the retail
sales tax on that motor vehicle fuel, aircraft jet fuel, or diesel
fuel. The prepayment required to be collected by the supplier
constitutes a debt owed by the supplier to this state until paid to
the board, until satisfactory proof has been submitted to prove that
the retailer of the fuel has paid the retail sales tax to the board,
or until a supplier or wholesaler who has consumed the fuel has paid
the use tax to the board. Each supplier shall report and pay the
prepayment amounts to the board, in a form as prescribed by the
board, in the period in which the fuel is sold. On each subsequent
sale of that fuel, each seller, other than the retailer, shall
collect from his or her purchaser a prepayment computed using the
rate applicable at the time of sale. Each supplier shall provide his
or her purchaser with an invoice for, or other evidence of, the
collection of the prepayment amounts which shall be separately stated
thereon.
   (b) (1) A wholesaler shall collect prepayment of the retail sales
tax from the person to whom the motor vehicle fuel, aircraft jet
fuel, or diesel fuel is sold. Each wholesaler shall provide his or
her purchaser with an invoice for or other evidence of the collection
of the prepayment amounts, which shall be separately stated thereon.

   (2) Each wholesaler shall report to the board, in a form as
prescribed by the board and for the period in which the motor vehicle
fuel, aircraft jet fuel, or diesel fuel was sold, all of the
following:
   (A) The number of gallons of fuel sold and the amount of sales tax
prepayments collected by the wholesaler.
   (B) The number of tax-paid gallons purchased and the amount of
sales tax prepayments made by the wholesaler.
   (C) In the event that the amount of sales tax prepayments
collected by the wholesaler is greater than the amount of sales tax
prepayments made by the wholesaler, then the excess constitutes a
debt owed by the wholesaler to the state until paid to the board, or
until satisfactory proof has been submitted that the retailer of the
fuel has paid the tax to the board.
   (c) A supplier or wholesaler who pays the prepayment and issues a
resale certificate to the seller, but subsequently consumes the motor
vehicle fuel, aircraft jet fuel, or diesel fuel, shall be entitled
to a credit against his or her sales and use taxes due and payable
for the period in which the prepayment was made, provided that he or
she reports and pays the use tax to the board on the consumption of
that fuel.
   (d) The amount of a prepayment paid by the retailer or a supplier
or wholesaler who has consumed the motor vehicle fuel, aircraft jet
fuel, or diesel fuel to the seller from whom he or she acquired the
fuel shall constitute a credit against his or her sales and use taxes
due and payable for the period in which the sale was made. Failure
of the supplier or wholesaler to report prepayments or the supplier's
or wholesaler's failure to comply with any other duty under this
article shall not constitute grounds for denial of the credit to the
retailer, supplier, or wholesaler, either on a temporary or permanent
basis or otherwise. To be entitled to the credit, the retailer,
supplier, or wholesaler shall retain for inspection by the board any
receipts, invoices, or other documents showing the amount of sales
tax prepaid to his or her supplier, together with the evidence of
payment.
   (e) The rate of the prepayment required to be collected during the
period from July 1, 1986, through March 31, 1987, shall be four
cents ($0.04) per gallon of motor vehicle fuel distributed or
transferred. 
   (f) The rate of prepayment required to be collected for motor
vehicle fuel, aircraft jet fuel, and diesel fuel as established by
the board in effect on January 1, 2013, shall remain in effect
through June 30, 2013.  
   (f) 
    (g)  On  April   July  1 of
each succeeding year, the prepayment rate per gallon for motor
vehicle fuel, rounded to the nearest one-half of one cent ($0.005),
of the required prepayment shall be established by the board based
upon 80 percent of the combined state and local sales tax rate
established by Sections 6051, 6051.2, 6051.3, 6051.5, 7202, and
7203.1, and Section 35 of Article XIII of the California Constitution
on the arithmetic average selling price (excluding sales tax) as
 determined   reported  by  the
State Energy Resources Conservation and Development Commission, in
its latest publication of the "Quarterly Oil Report,"  
an industry publication  of all grades of gasoline sold through
a self-service gasoline station.  In the event the "Quarterly
Oil Report" is delayed or discontinued, the board may base its
determination on other sources of the arithmetic average selling
price of gasoline.  The board shall make its determination
of the rate no later than  November   March
 1 of the  same  year  prior to  
as  the effective date of the new rate. Immediately upon making
its determination and setting of the rate, the board shall each year,
no later than  January   May  1, notify
 by mail  every supplier, wholesaler, and retailer
of motor vehicle fuel. In the event the price of fuel decreases or
increases or an exemption from sales tax for sales of fuel is
enacted, and the established rate results in or could result in
prepayments which consistently exceed or are significantly lower than
the retailers' sales tax liability, the board may readjust the rate.

   (g) 
    (h)  On  April   July  1 of
each succeeding year, the prepayment rate per gallon for aircraft jet
fuel, rounded to the nearest one-half of one cent ($0.005), shall be
established by the board based upon 80 percent of the combined state
and local sales tax rate established by Sections 6051, 6051.2,
6051.3, 6051.5, 7202, and 7203.1, and Section 35 of Article XIII of
the California Constitution on the arithmetic average selling price
(excluding sales and state excise tax) as determined by the board.
The board shall make its determination of the rate no later than
 November   March  1 of the year prior to
the effective date of the new rate. The rate of the prepayment
required to be collected for aircraft jet fuel shall be equal to 80
percent of the arithmetic average selling price of aircraft jet fuel
as specified by industry publications. Immediately upon making its
determination and setting of the rate, the board shall each year, no
later than  January   May  1, notify
 by mail  every supplier, wholesaler, and retailer
of aircraft jet fuel. In the event the price of aircraft jet fuel
decreases or increases, and the established rate results in
prepayments that consistently exceed or are significantly lower than
the retailers' sales tax liability, the board may readjust the rate.

   (h) 
    (i)  On  April   J   uly
 1 of each succeeding year, the prepayment rate per gallon for
diesel fuel, rounded to the nearest one-half of one cent ($0.005),
shall be established by the board based upon 80 percent of the
combined state and local sales tax rate established by Sections 6051,
6051.2, 6051.3, 6051.5,  6051.8,  7202, and 7203.1, and
Section 35 of Article XIII of the California Constitution on the
arithmetic average selling price (excluding sales and state excise
tax) as determined by the board. The board shall make its
determination of the rate no later than  November 
 March  1 of the  same  year  prior to
  as  the effective date of the new rate. The rate
of the prepayment required to be collected for diesel fuel shall be
equal to 80 percent of the arithmetic average selling price of diesel
fuel as specified by industry publications. Immediately upon making
its determination and setting of the rate, the board shall each year,
no later than  January   May  1, notify
 by mail  every supplier, wholesaler, and retailer
of diesel fuel. In the event the rate of sales tax imposed on sales
of diesel fuel increases or decreases or the price of diesel fuel
decreases or increases, and the established rate results in or could
result in prepayments that consistently exceed or are significantly
lower than the retailers' sales tax liability, the board may readjust
the rate. 
   (i) 
    (j)  (1) Notwithstanding any other provision of this
section, motor vehicle fuel sold by a supplier or wholesaler to a
qualified purchaser who, pursuant to a contract with the State of
California or its instrumentalities, resells that fuel to the State
of California or its instrumentalities shall be exempt from the
prepayment requirements.
   (2) A qualified purchaser who acquires motor vehicle fuel for
subsequent resale to the State of California or its instrumentalities
pursuant to this subdivision shall furnish to the supplier or
wholesaler from whom the fuel is acquired an exemption certificate,
completed in accordance with any instructions or regulations as the
board may prescribe. The supplier or wholesaler shall retain the
certificate in his or her records in support of the exemption. To
qualify for the prepayment exemption, both of the following
conditions shall apply:
   (A) The qualified purchaser does not take possession of the fuel
at any time.
   (B) The fuel is delivered into storage tanks owned or leased by
the State of California or its instrumentalities via facilities of
the supplier or wholesaler, or by common or contract carriers under
contract with the supplier or wholesaler.
   (3) For purposes of this subdivision, "qualified purchaser" means
a wholesaler who does not have or maintain a storage facility or
facilities for the purpose of selling motor vehicle fuel.
  SEC. 18.  Section 60116 of the Revenue and Taxation Code is amended
to read:
   60116.   (a)    Commencing on January 1, 1998,
and on each January 1  thereafter   up to and
including January 1, 2013  , the board shall establish a tax
rate per gallon, rounded to the nearest tenth of a cent, by
multiplying the average retail price per gallon (including the
federal excise tax and excluding the state excise tax and the sales
and use tax) of diesel fuel sold in this state by a percentage equal
to the combined state and local sales tax rate established by Part 1
(commencing with Section 6001) and Part 1.5 (commencing with Section
7200) of Division 2 of the Revenue and Taxation Code and Section 35
of Article XIII of the California Constitution. The average retail
price per gallon shall be the average of weekly retail prices for the
12-month period ending August 31 of the year prior to the effective
date of the new rate. In determining the average retail price per
gallon, the board shall use the weekly average retail price published
by the State Energy Resources Conservation and Development
Commission, in its publication "Fuel Price And Supply Update." In the
event the "Fuel Price And Supply Update" is delayed or discontinued,
the board may base its determination on other sources of the average
retail price of diesel fuel. The board shall make its determination
of the rate no later than October 1 of the year prior to the
effective date of the new rate. 
   (b) The tax rate established by the board on January 1, 2013,
shall remain in effect only through June 30, 2013.  
   (c) Commencing on July 1, 2013, and on each July 1 thereafter, the
board shall establish a tax rate per gallon, rounded to the nearest
one-tenth of one cent ($0.001), by multiplying the average retail
price per gallon (including the federal excise tax and excluding the
state excise tax and the sales and use tax) of diesel fuel sold in
this state by a percentage equal to the combined state and local
sales tax rate established by Part 1 (commencing with Section 6001)
and Part 1.5 (commencing with Section 7200) of Division 2 of the
Revenue and Taxation Code and Section 35 of Article XIII of the
California Constitution. The average retail price per gallon shall be
the average of weekly retail prices for the 12-month period ending
on the last day of January prior to the effective date of the new
rate. In determining the average retail price per gallon, the board
shall use the weekly average retail price as reported by the United
States Energy Information Administration (EIA). In the event the EIA
information is delayed or discontinued, the board may base its
determination on other sources of the average retail price of diesel
fuel. The board shall make its determination of the rate no later
than March 1 of the same year as the effective date of the new rate.

  SEC. 19.  Section 349 of the Streets and Highways Code is amended
to read:
   349.  (a) Route 49 is from:
   (1) Route 41 near Oakhurst to Route 140 at Mariposa.
   (2) Route 140 at Mariposa to Route 120 near Moccasin.
   (3) Route 120 near Chinese Camp to Route 80 near Auburn via the
vicinity of Sonora; via Angels Camp, San Andreas, and Jackson; and
via the vicinity of El Dorado, Diamond Springs, and Placerville.
   (4) Route 80 near Auburn to Route 20 in Grass Valley.
   (5) Route 20 at Nevada City to Route 89 near Sattley via
Downieville.
   (6) Route 89 near Sierraville to Route 70 near Vinton via
Loyalton. 
   (b) (1) The commission may relinquish to the City of Auburn the
portion of Route 49 that is 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. 

   (2) A relinquishment under this subdivision shall become effective
immediately following the county recorder's recordation of the
relinquishment resolution containing the commission's approval of the
terms and conditions of the relinquishment.  
   (3) On and after the effective date of the relinquishment, the
relinquished portion of Route 49 shall cease to be a state highway.
 
   (4) The portion of Route 49 relinquished under this subdivision
shall be ineligible for future adoption under Section 81. 

   (5) For the portion of Route 49 that is relinquished under this
subdivision, the City of Auburn shall maintain within its
jurisdiction, signs directing motorists to the continuation of Route
49. The city may apply to the department for approval of a business
route designation in accordance with Chapter 20, Topic 21, of the
Highway Design Manual.  
   (b) The relinquished former portion of Route 49 within the City of
Auburn is not a state highway and is not eligible for adoption under
Section 81. For the relinquished former portion of Route 49, the
City of Auburn shall maintain within its jurisdiction signs directing
motorists to the continuation of Route 49. The city may apply to the
department for approval of a business route designation in
accordance with Chapter 20, Topic 21, of the Highway Design Manual.

  SEC. 20.  Section 366 of the Streets and Highways Code is amended
to read:
   366.  (a) Route 66 is from:
   (1) Route 210 near San Dimas to the Los Angeles-San Bernardino
county line at the western city limit of the City of Upland.
   (2) The eastern city limit of the City of Fontana near Maple
Avenue to Route 215 in San Bernardino.
   (b) The relinquished former portions of Route 66 within the city
limits of the Cities of Fontana, Rancho Cucamonga, and Upland are not
state highways and are not eligible for adoption under Section 81.
For the portions of Route 66 relinquished under this section, the
Cities of Fontana, Rancho Cucamonga, and Upland shall maintain within
their respective jurisdictions signs directing motorists to the
continuation of Route 66 and ensure the continuity of traffic flow on
the relinquished portions of Route 66, including any traffic signal
progression.
   (c) (1) Notwithstanding subdivision (a), the commission may
relinquish to the City of Claremont  and the City of Rialto
 the  respective  portion of Route 66 that
is located within the city limits or the sphere of influence of
 each   the  city, upon terms and
conditions the commission finds to be in the best interests of the
state.
   (2) A relinquishment under this subdivision shall become effective
immediately following the recordation by the county recorder of the
relinquishment resolution containing the commission's approval of the
terms and conditions of the relinquishment.
   (3) On and after the effective date of the relinquishment, both of
the following shall occur:
   (A) The portion of Route 66 relinquished under this subdivision
shall cease to be a state highway.
   (B) The portion of Route 66 relinquished under this subdivision
may not be considered for future adoption under Section 81.
   (4) The City of Claremont  and the City of Rialto
 shall ensure the continuity of traffic flow on the
relinquished portion of Route 66, including any traffic signal
progression.
   (5) For the relinquished  portions   portion
 of Route 66, the City of Claremont  and the City of
Rialto  shall maintain signs directing motorists to the
continuation of Route 66.
  SEC. 21.  Section 374 of the Streets and Highways Code is amended
to read:
   374.  (a) Route 74 is from:
   (1) Route 5 near San Juan Capistrano to Route 15 near Lake
Elsinore.
   (2) Route 15 near Lake Elsinore to Route 215 near Perris.
   (3) Route 215 near Perris to the southern city limit of Palm
Desert.
   (4) Highway 111 in Palm Desert to Route 10 near Thousand Palms.
   (b) The relinquished former portion of Route 74 within the City of
Palm Desert is not a state highway and is not eligible for adoption
under Section 81. For the relinquished former portion of Route 74,
the City of Palm Desert shall maintain within its jurisdiction signs
directing motorists to the continuation of Route 74.
   (c) (1) The commission may relinquish to the City of Lake Elsinore
the portion of Route 74 located within the city limits of that city,
upon terms and conditions the commission finds to be in the best
interests of the state.
   (2) Any relinquishment agreement shall require that the City of
Lake Elsinore administer the operation and maintenance of the highway
in a manner consistent with professional traffic engineering
standards.
   (3) Any relinquishment agreement shall require the City of Lake
Elsinore to ensure that appropriate traffic studies or analyses will
be performed to substantiate any decisions affecting the highway.
   (4) Any relinquishment agreement shall also require the City of
Lake Elsinore to provide for public notice and the consideration of
public input on the proximate effects of any proposed decision on
traffic flow, residences, or businesses, other than a decision on
routine maintenance.
   (5) Notwithstanding any of its other terms, any relinquishment
agreement shall require the City of Lake Elsinore to indemnify and
hold the department harmless from any liability for any claims made
or damages suffered by any person, including a public entity, as a
result of any decision made or action taken by the City of Lake
Elsinore, its officers, employees, contractors, or agents, with
respect to the design, maintenance, construction, or operation of
that portion of Route 74 that is to be relinquished to the city.
   (6) A relinquishment under this subdivision shall become effective
immediately after the county recorder records the relinquishment
resolution that contains the commission's approval of the terms and
conditions of the relinquishment.
   (7) On and after the effective date of the relinquishment, both of
the following shall occur:
   (A) The portion of Route 74 relinquished shall cease to be a state
highway.
   (B) The portion of Route 74 relinquished may not be considered for
future adoption under Section 81.
   (8) The City of Lake Elsinore shall ensure the continuity of
traffic flow on the relinquished portion of Route 74, including any
traffic signal progression.
   (9) For relinquished portions of Route 74, the City of Lake
Elsinore shall maintain signs directing motorists to the continuation
of Route 74. 
   (d) (1) The commission may relinquish to the City of Perris the
portion of Route 74 located within the city limits of that city
between Seventh Street and Redlands Avenue, upon terms and conditions
the commission finds to be in the best interests of the state.
 
   (2) Any relinquishment agreement shall require that the City of
Perris administer the operation and maintenance of the highway in a
manner consistent with professional traffic engineering standards.
 
   (3) Any relinquishment agreement shall require the City of Perris
to ensure that appropriate traffic studies or analyses will be
performed to substantiate any decisions affecting the highway.
 
   (4) Any relinquishment agreement shall also require the City of
Perris to provide for public notice and the consideration of public
input on the proximate effects of any proposed decision on traffic
flow, residences, or businesses, other than a decision on routine
maintenance.  
   (5) Notwithstanding any of its other terms, any relinquishment
agreement shall require the City of Perris to indemnify and hold the
department harmless from any liability for any claims made or damages
suffered by any person, including a public entity, as a result of
any decision made or action taken by the City of Perris, its
officers, employees, contractors, or agents, with respect to the
design, maintenance, construction, or operation of that portion of
Route 74 that is to be relinquished to the city.  
   (6) A relinquishment under this subdivision shall become effective
immediately after the county recorder records the relinquishment
resolution that contains the commission's approval of the terms and
conditions of the relinquishment.  
   (7) On and after the effective date of the relinquishment, both of
the following shall occur:  
   (A) The portion of Route 74 relinquished shall cease to be a state
highway.  
   (B) The portion of Route 74 relinquished may not be considered for
future adoption under Section 81.  
                                                                 (8)
The City of Perris shall ensure the continuity of traffic flow on the
relinquished portion of Route 74, including any traffic signal
progression.  
   (9) For relinquished portions of Route 74, the City of Perris
shall maintain signs directing motorists to the continuation of Route
74. 
  SEC. 22.  Section 392 of the Streets and Highways Code is amended
to read:
   392.  (a) Route 92 is from:
   (1) Route 1 near Half Moon Bay to Route 280.
   (2) Route 280 to Route 580 near Castro Valley and Hayward.

   (b) (1) The commission may relinquish to the City of Hayward the
portion of Route 92 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.  
   (2) A relinquishment under this subdivision shall become effective
immediately after the county recorder's recordation of the
relinquishment resolution containing the commission's approval of the
terms and conditions of the relinquishment.  
   (3) On and after the effective date of the relinquishment, both of
the following shall occur:  
   (A) The portion of Route 92 relinquished shall cease to be a state
highway.  
   (B) The portion of Route 92 relinquished shall be ineligible for
future adoption under Section 81.  
   (4) For relinquished portions of Route 92, the City of Hayward
shall maintain signs within its jurisdiction directing motorists to
the continuation of Route 92 or to the state highway system, as
applicable.  
   (b) The relinquished former portion of Route 92 within the City of
Hayward is not a state highway and is not eligible for adoption
under Section 81. For the relinquished former portion of Route 92,
the City of Hayward shall maintain within its jurisdiction signs
directing motorists to the continuation of Route 92 or to the state
highway system, as applicable. 
  SEC. 23.  Section 410 of the Streets and Highways Code, as amended
by Section 30 of Chapter 525 of the Statutes of 2003, is amended to
read:
   410.  (a) Route 110 is from Route 47 in San Pedro to Glenarm
Street in Pasadena.
   (b) The relinquished former  portion  
portions  of Route 110 that  is   are 
located between  9th Street and Gaffey Street in the City of Los
Angeles and  Glenarm Street and Colorado Boulevard in Pasadena
 is   are  not  a  state
 highway   highways  and  is
  are  not eligible for adoption under Section 81.
 For the relinquished former portions of Route 110, the Cities of
Los Angeles and Pasadena shall maintain within their respective
jurisdictions signs directing motorists to the continuation of Route
110. 
  SEC. 24.  Section 410 of the Streets and Highways Code, as added by
Section 1 of Chapter 669 of the Statutes of 2008, is repealed.

   410.  (a) Route 110 is from 9th Street in San Pedro to Glenarm
Street in Pasadena.
   (b) The relinquished former portion of Route 110 that is located
between Glenarm Street and Colorado Boulevard in Pasadena is not a
state highway and is not eligible for adoption under Section 81.
   (c) (1) Notwithstanding subdivision (a), the commission may
relinquish to the City of Los Angeles the portion of Route 110
located within the city limits from Route 47 to 9th Street pursuant
to the terms of a cooperative agreement between the city and the
department, upon a determination by the commission that the
relinquishment is in the best interests of the state.
   (2) A relinquishment under this subdivision shall become effective
immediately following the recordation by the county recorder of the
relinquishment resolution containing the commission's approval of the
terms and conditions of the relinquishment.
   (3) On and after the effective date of the relinquishment, all of
the following shall occur:
   (A) The portion of Route 110 relinquished under this subdivision
shall cease to be a state highway.
   (B) The portion of Route 110 relinquished under this subdivision
may not be considered for future adoption under Section 81.
   (C) Route 110 shall be from Route 47 in San Pedro to Glenarm
Street in Pasadena.
   (4) For the portion of Route 110 that is relinquished under this
subdivision, the city shall maintain within its jurisdiction signs
directing motorists to the continuation of Route 110. 
  SEC. 25.  Section 411 of the Streets and Highways Code is amended
to read:
   411.  (a) Route 111 is from:
   (1) The international border south of Calexico to Route 78 near
Brawley, passing east of Heber.
   (2) Route 78 near Brawley to Route 86 via the north shore of the
Salton Sea.
   (3) The western city limits of Cathedral City to Route 10 near
Whitewater.
   (b) The relinquished former portions of Route 111 within the
Cities of Cathedral City, Indian Wells, Indio, La Quinta, Palm
Desert, and Rancho Mirage are not state highways and are not eligible
for adoption under Section 81.  The Cities of  
For the relinquished former portions of Route 111, the Cities of
Cathedral City,  Indian Wells, Indio, La Quinta, and Palm
Desert, as applicable, shall maintain within their respective
jurisdictions signs directing motorists to the continuation of Route
111.
  SEC. 26.  Section 446 of the Streets and Highways Code is amended
to read:
   446.  (a) Route 146 is from:
   (1) Route 101 near Soledad to Pinnacles National Monument.
   (2) Pinnacles National Monument to Route 25 in Bear Valley.
   (b)  (1)    
Notwithstanding subdivision (a), the commission may relinquish to the
City of Soledad the portion of Route 146 within the city limits of
that city, upon terms and conditions the commission finds to be in
the best interests of the state.   The  
relinquished former portion of Route 146 within the City of Soledad
is not a state highway and is not eligible for adoption under Section
81. For the relinquished former portion of Route 146, the City of
Soledad shall maintain within its jurisdiction signs directing
motorists to the continuation of Route 146 until the entire route has
been relinquished.  
   (2) 
    (1)  Notwithstanding subdivision (a), the commission may
relinquish to the County of Monterey the portion of Route 146 within
the limits of that county, upon terms and conditions the commission
finds to be in the best interests of the state. 
   (3) 
   (2)  Notwithstanding subdivision (a), the commission may
relinquish to the County of San Benito the portion of Route 146
within the limits of that county, upon terms and conditions the
commission finds to be in the best interests of the state. 
   (4) 
    (3)  A relinquishment under this subdivision shall
become effective immediately after the county recorder records the
relinquishment resolution that contains the commission's approval of
the terms and conditions of the relinquishment. 
   (5) 
    (4)  On and after the effective date of the
relinquishment, that portion of Route 146 relinquished shall cease to
be a state highway and may not be considered for future adoption
under Section 81. 
   (6) 
    (5)  For portions of Route 146 relinquished under this
subdivision,  the City of Soledad and  the Counties
of Monterey and San Benito shall maintain within their jurisdiction
signs directing motorists to the continuation of Route 146 until the
entire route has been relinquished.
  SEC. 27.  Section 478 of the Streets and Highways Code is amended
to read:
   478.  (a) Route 178 is from:
   (1) Bakersfield to Route 14 near Freeman via Walker Pass.
   (2) Route 14 near Freeman to Route 127.
   (3) Route 127 to the Nevada state line in Pahrump Valley. 

   (b) Upon a determination by the commission that it is in the best
interests of the state to do so, the commission may, upon terms and
conditions approved by it, relinquish to the City of Bakersfield the
portion of Route 178 that is located within the city limits of that
city if the city agrees to accept it. The following conditions shall
apply upon relinquishment:  
   (1) The relinquishment shall become effective on the date
following the county recorder's recordation of the relinquishment
resolution containing the commission's approval of the terms and
conditions of the relinquishment.  
   (2) On and after the effective date of the relinquishment, the
relinquished portion of Route 178 shall cease to be a state highway.
 
   (3) The portion of Route 178 relinquished under this subdivision
shall be ineligible for future adoption under Section 81. 

   (4) For the portion of Route 178 that is relinquished under this
subdivision, the City of Bakersfield shall install and maintain
within its jurisdiction signs directing motorists to the continuation
of Route 178.  
   (b) The relinquished former portion of Route 178 within the City
of Bakersfield is not a state highway and is not eligible for
adoption under Section 81. For the relinquished former portion of
Route 178, the City of Bakersfield shall install and maintain within
its jurisdiction signs directing motorists to the continuation of
Route 178. 
  SEC. 28.  Section 485 of the Streets and Highways Code is amended
to read:
   485.  (a) Route 185 is from Route 92 in Hayward to Route 77 in
Oakland. 
   (b) (1) The commission may relinquish to the City of Hayward the
portion of Route 185 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.  
   (2) A relinquishment under this subdivision shall become effective
immediately after the county recorder's recordation of the
relinquishment resolution containing the commission's approval of the
terms and conditions of the relinquishment.  
   (3) On and after the effective date of the relinquishment, both of
the following shall occur:  
   (A) The portion of Route 185 relinquished shall cease to be a
state highway.  
   (B) The portion of Route 185 relinquished shall be ineligible for
future adoption under Section 81.  
   (4) For relinquished portions of Route 185, the City of Hayward
shall maintain signs within its jurisdiction directing motorists to
the continuation of Route 185 or to the state highway system, as
applicable.  
   (b) The relinquished former portion of Route 185 within the City
of Hayward is not a state highway and is not eligible for adoption
under Section 81. For the relinquished former portion of Route 185,
the City of Hayward shall maintain within its jurisdiction signs
directing motorists to the continuation of Route 185 or to the state
highway system, as applicable. 
  SEC. 29.  Section 493 of the Streets and Highways Code is amended
to read:
   493.  (a) Route 193 is from:
   (1) Route 65 near Lincoln to Route 80 near Newcastle.
   (2) Route 49 near Cool to Route 49 near Placerville via
Georgetown. 
   (b) Upon a determination by the commission that it is in the best
interests of the state to do so, the commission may, upon terms and
conditions approved by it, relinquish to the City of Lincoln the
portion of Route 193 that is located within the city limits of that
city if the city agrees to accept it. The following conditions shall
apply upon relinquishment:  
   (1) The relinquishment shall become effective on the date
following the county recorder's recordation of the relinquishment
resolution containing the commission's approval of the terms and
conditions of the relinquishment.  
   (2) On and after the effective date of the relinquishment, the
relinquished portion of Route 193 shall cease to be a state highway.
 
   (3) The portion of Route 193 relinquished under this subdivision
shall be ineligible for future adoption under Section 81. 

   (4) For the portion of Route 193 relinquished under this
subdivision, the City of Lincoln shall apply for approval of a
Business Route designation for the relinquished portion of the
highway in accordance with Chapter 20, Topic 21, of the Highway
Design Manual.  
   (5) For the portion of Route 193 relinquished under this
subdivision, the City of Lincoln shall install and maintain within
its jurisdiction signs directing motorists to the continuation of
Route 193 to the east and to Routes 65 and 80 to the west. 

   (b) The relinquished former portion of Route 193 within the City
of Lincoln is not a state highway and is not eligible for adoption
under Section 81. For the relinquished former portion of Route 193,
the City of Lincoln shall install and maintain within its
jurisdiction signs directing motorists to the continuation of Route
193 to the east and to Routes 65 and 80 to the west. The city may
apply to the department for approval of a business route designation
in accordance with Chapter 20, Topic 21, of the Highway Design
Manual. 
  SEC. 30.  Section 527 of the Streets and Highways Code is amended
to read:
   527.  (a) Route 227 is from Route 1 south of Oceano to Route 101
in San Luis Obispo. 
   (b) (1) Notwithstanding subdivision (a), the commission may
relinquish to the City of Arroyo Grande the portion of Route 227 that
is located within the city limits of that city, upon terms and
conditions the commission finds to be in the best interests of the
state, including, but not limited to, a condition that the City of
Arroyo Grande maintain within its jurisdiction signs directing
motorists to the continuation of Route 227.  
   (2) A relinquishment under this subdivision shall become effective
immediately following the recording by the county recorder of the
relinquishment resolution containing the commission's approval of the
terms and conditions of the relinquishment.  
   (3) On and after the effective date of the relinquishment, both of
the following shall occur:  
   (A) The portion of Route 227 relinquished under this subdivision
shall cease to be a state highway.  
   (B) The portion of Route 227 relinquished under this subdivision
may not be considered for future adoption under Section 81. 

   (c) (1) Notwithstanding subdivision (a), the commission may
relinquish to the City of San Luis Obispo the portion of Route 227
that is located within the city limits of that city, upon terms and
conditions the commission finds to be in the best interests of the
state, including, but not limited to, a condition that the City of
San Luis Obispo maintain within its jurisdiction signs directing
motorists to the continuation of Route 227.  
   (2) A relinquishment under this subdivision shall become effective
immediately following the recording by the county recorder of the
relinquishment resolution containing the commission's approval of the
terms and conditions of the relinquishment.  
   (3) On and after the effective date of the relinquishment, both of
the following shall occur:  
   (A) The portion of Route 227 relinquished under this subdivision
shall cease to be a state highway.  
   (B) The portion of Route 227 relinquished under this subdivision
may not be considered for future adoption under Section 81. 

   (4) For the portions of Route 227 that are relinquished, the City
of San Luis Obispo shall maintain within its jurisdiction signs
directing motorists to the continuation of Route 227.  
   (b) The relinquished former portions of Route 227 within the
Cities of Arroyo Grande and San Luis Obispo are not state highways
and are not eligible for adoption under Section 81. For the
relinquished former portion of Route 227, the City of San Luis Obispo
shall maintain within its jurisdiction signs directing motorists to
the continuation of Route 227. 
  SEC. 31.  Section 538 of the Streets and Highways Code is amended
to read:
   538.  (a) Route 238 is from Route 680 in Fremont to Route 61 near
San Lorenzo via Hayward. 
   (b) (1) The commission may relinquish to the City of Hayward the
portion of Route 238 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.  
   (2) A relinquishment under this subdivision shall become effective
immediately after the county recorder's recordation of the
relinquishment resolution containing the commission's approval of the
terms and conditions of the relinquishment.  
   (3) On and after the effective date of the relinquishment, both of
the following shall occur:  
   (A) The portion of Route 238 relinquished shall cease to be a
state highway.  
   (B) The portion of Route 238 relinquished shall be ineligible for
future adoption under Section 81.  
   (4) For relinquished portions of Route 238, the City of Hayward
shall maintain signs within its jurisdiction directing motorists to
the continuation of Route 238 or to the state highway system, as
applicable.  
   (b) The relinquished former portion of Route 238 within the City
of Hayward is not a state highway and is not eligible for adoption
under Section 81. For the relinquished former portion of Route 238,
the City of Hayward shall maintain within its jurisdiction signs
directing motorists to the continuation of Route 238 or to the state
highway system, as applicable. 
  SEC. 32.  Section 27314.5 of the Vehicle Code is repealed. 

   27314.5.  (a) (1) Subject to paragraph (3), no dealer shall sell
or offer for sale any used passenger vehicle of a model year of 1972
to 1990, inclusive, unless there is affixed to the window of the left
front door or, if there is no window, to another suitable location
so that it may be seen and read by a person standing outside the
vehicle at that location, a notice, printed in 14-point type, which
reads as follows:

   "WARNING: While use of all seat belts reduces the chance of
ejection, failure to install and use shoulder harnesses with lap
belts can result in serious or fatal injuries in some crashes.
Lap-only belts increase the chance of head and neck injury by
allowing the upper torso to move unrestrained in a crash and increase
the chance of spinal column and abdominal injuries by concentrating
excessive force on the lower torso. Because children carry a
disproportionate amount of body weight above the waist, they are more
likely to sustain those injuries. Shoulder harnesses may be
available that can be retrofitted in this vehicle. For more
information call the Auto Safety Hotline at 1-800-424-9393."

   (2) The notice shall remain affixed to the vehicle pursuant to
paragraph (1) at all times that the vehicle is for sale.
   (3) The notice is not required to be affixed to any vehicle
equipped with both a lap belt and a shoulder harness for the driver
and one passenger in the front seat of the vehicle and for at least
two passengers in the rear seat of the vehicle.
   (b) (1) In addition to the requirements of subdivision (a), and
subject to paragraph (3) and subdivision (c), the dealer shall affix,
to one rear seat lap belt buckle of every used passenger vehicle of
a model year of 1972 to 1990, inclusive, that has a rear seat, a
notice, printed in 10-point type, that reads as follows:

   "WARNING: While use of all seat belts reduces the chance of
ejection, failure to install and use shoulder harnesses with lap
belts can result in serious or fatal injuries in some crashes.
Shoulder harnesses may be available that can be retrofitted in this
vehicle. For more information, call the Auto Safety Hotline at
1-800-424-9393."

   (2) The notice shall remain affixed to the vehicle pursuant to
paragraph (1) at all times that the vehicle is for sale.
   (3) The message is not required to be affixed to any vehicle
either equipped with both a lap belt and a shoulder harness for at
least two passengers in the rear seat or having no rear seat lap
belts.
   (c) A dealer is not in violation of subdivision (b) unless a
private nonprofit entity has furnished a supply of the appropriate
notices suitable for affixing as required free of charge or, having
requested a resupply of notices, has not received the resupply.
   (d) The department shall furnish, to a nonprofit private entity
for purposes of this section, for a fee not to exceed its costs in so
furnishing, at least once every six months, a list of all licensed
dealers who sell used passenger vehicles. 
                              
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