Bill Text: CA AB1340 | 2015-2016 | Regular Session | Amended


Bill Title: Vehicles: buses.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1340 Detail]

Download: California-2015-AB1340-Amended.html
BILL NUMBER: AB 1340	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 4, 2016

INTRODUCED BY   Assembly Member Chau
    (   Coauthor:   Senator
  Mendoza   ) 

                        FEBRUARY 27, 2015

   An act to  add and repeal Section 37420.5 of the
Government Code, and to add and repeal Section 10051.5 of the Public
Utilities Code, relating to water utilities, and declaring the
urgency thereof, to take effect immediately.   amend
Section 35400 of the Vehicle Code, relating to vehicles. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1340, as amended, Chau.  Local government: sale of
water utility property.   Vehicles: buses.  
   Existing law imposes a 40-foot limitation on the length of
vehicles that may be operated on the highways, with specified
exemptions. Existing law exempts from this limitation a bus, except a
schoolbus, operated by a public agency or a passenger stage
corporation, as defined, used in transit system service if the bus is
equipped with a folding device attached to the front of the bus that
is designed and used exclusively for transporting bicycles, the
device does not materially affect efficiency or visibility of vehicle
safety equipment, and the length of the bus, exclusive of that
device, does not exceed 40 feet in length. In addition, existing law
prohibits, among other things, the above-described device from
extending more than 40 inches from the front body of the bus when
fully deployed.  
   This bill would instead prohibit the above-described device from
extending more than 40 inches from the front of the bus. 

   Existing law provides a procedure that is generally applicable for
a city to sell its real property. Existing law also establishes
specific procedures for the sale of public utility property owned by
a municipal corporation with certain provisions applicable to the
sale of property of a water utility.  
   This bill would authorize the City of Montebello to sell all or
part of its water utility pursuant to the procedures that are
generally applicable to a sale of real property by a city, if certain
requirements are met.  
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the City of Montebello.
 
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote:  2/3   majority  . Appropriation:
no. Fiscal committee:  yes   no  .
State-mandated local program: no.


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

   SECTION 1.    Section 35400 of the   Vehicle
Code   is amended to read: 
   35400.  (a) A vehicle may not exceed a length of 40 feet.
   (b) This section does not apply to any of the following:
   (1) A vehicle used in a combination of vehicles when the excess
length is caused by auxiliary parts, equipment, or machinery not used
as space to carry any part of the load, except that the combination
of vehicles shall not exceed the length provided for combination
vehicles.
   (2) A vehicle, when the excess length is caused by any parts
necessary to comply with the fender and mudguard regulations of this
code.
   (3) (A) An articulated bus or articulated trolley coach that does
not exceed a length of 60 feet.
   (B) An articulated bus or articulated trolley coach described in
subparagraph (A) may be equipped with a folding device attached to
the front of the bus or trolley if the device is designed and used
exclusively for transporting bicycles. The device, including any
bicycles transported thereon, shall be mounted in a manner that does
not materially affect efficiency or visibility of vehicle safety
equipment, and shall not extend more than 36 inches from the front
body of the bus or trolley coach when fully deployed. The handlebars
of a bicycle that is transported on a device described in this
subparagraph shall not extend more than 42 inches from the front of
the bus.
   (4) A semitrailer while being towed by a motortruck or truck
tractor, if the distance from the kingpin to the rearmost axle of the
semitrailer does not exceed 40 feet for semitrailers having two or
more axles, or 38 feet for semitrailers having one axle if the
semitrailer does not, exclusive of attachments, extend forward of the
rear of the cab of the motortruck or truck tractor.
   (5) A bus or house car when the excess length is caused by the
projection of a front safety bumper or a rear safety bumper, or both.
The safety bumper shall not cause the length of the vehicle to
exceed the maximum legal limit by more than one foot in the front and
one foot in the rear. For the purposes of this chapter, "safety
bumper" means any device that is fitted on an existing bumper or
which replaces the bumper and is constructed, treated, or
manufactured to absorb energy upon impact.
   (6) A schoolbus, when the excess length is caused by the
projection of a crossing control arm. For the purposes of this
chapter, "crossing control arm" means an extendable and retractable
device fitted to the front of a schoolbus that is designed to impede
movement of pupils exiting the schoolbus directly in front of the
schoolbus so that pupils are visible to the driver while they are
moving in front of the schoolbus. An operator of a schoolbus shall
not extend a crossing control arm while the schoolbus is in motion.
Except when activated, a crossing control arm shall not cause the
maximum length of the schoolbus to be extended by more than 10
inches, inclusive of any front safety bumper. Use of a crossing
control arm by the operator of a schoolbus does not, in and of
itself, fulfill his or her responsibility to ensure the safety of
students crossing a highway or private road pursuant to Section
22112.
   (7) A bus, when the excess length is caused by a device, located
in front of the front axle, for lifting wheelchairs into the bus.
That device shall not cause the length of the bus to be extended by
more than 18 inches, inclusive of any front safety bumper.
   (8) A bus, when the excess length is caused by a device attached
to the rear of the bus designed and used exclusively for the
transporting of bicycles. This device may be up to 10 feet in length,
if the device, along with any other device permitted pursuant to
this section, does not cause the total length of the bus, including
any device or load, to exceed 50 feet.
   (9) A bus operated by a public agency or a passenger stage
corporation, as defined in Section 226 of the Public Utilities Code,
used in transit system service, other than a schoolbus, when the
excess length is caused by a folding device attached to the front of
the bus which is designed and used exclusively for transporting
bicycles. The device, including any bicycles transported thereon,
shall be mounted in a manner that does not materially affect
efficiency or visibility of vehicle safety equipment, and shall not
extend more than 40 inches from the front  body  of
the bus when fully deployed. The handlebars of a bicycle that is
transported on a device described in this paragraph shall not extend
more than 46 inches from the front of the bus. A device described in
this paragraph may not be used on a bus that, exclusive of the
device, exceeds 40 feet in length or on a bus having a device
attached to the rear of the bus pursuant to paragraph (8).
   (10) (A) A bus of a length of up to 45 feet when operating on
those highways specified in subdivision (a) of Section 35401.5. The
Department of Transportation or local authorities, with respect to
highways under their respective jurisdictions, may not deny
reasonable access to a bus of a length of up to 45 feet between the
highways specified in subdivision (a) of Section 35401.5 and points
of loading and unloading for motor carriers of passengers as required
by the federal Intermodal Surface Transportation Efficiency Act of
1991 (Public Law 102-240).
   (B) A bus operated by a public agency and on those highways
specified in subparagraph (A) may be equipped with a folding device
attached to the front of the bus that is designed and used
exclusively for transporting bicycles. The device, including all
bicycles transported thereon, may be mounted in a manner that does
not materially affect efficiency or visibility of vehicle safety
equipment, and may not extend more than 36 inches from the front body
of the bus when fully deployed. The handlebars of a bicycle that is
transported on a device described in this subparagraph may not extend
more than 42 inches from the front of the bus. The total length of
the bus, including the folding device or load, may not exceed 48.5
feet. A Route Review Committee, established under this subparagraph,
shall review the routes where a public agency proposes to operate a
45-foot bus equipped with a front-mounted bicycle rack. The Route
Review Committee shall be comprised of one member from the public
agency appointed by the general manager of the public agency; one
member who is a traffic engineer and is employed and selected by the
public agency that has jurisdiction over the largest proportional
share of routes among all affected agencies; and one member appointed
by the labor organization that is the exclusive representative of
the bus drivers of the public agency. If there is no exclusive
representative of the bus drivers, a bus driver member shall be
chosen by a majority vote of the bus drivers employed by the agency.
The members of the Route Review Committee shall be selected not more
than 30 days after receipt of a public agency proposal to equip a
45-foot bus with a front-mounted bicycle rack. The review shall
include a field review of the proposed routes. The purpose of the
Route Review Committee is to ensure the safe operation of a 45-foot
bus that is equipped with a front-mounted bicycle rack. The Route
Review Committee, by a unanimous vote, shall make a determination of
which routes are suitable for the safe operation of a 45-foot bus
that is equipped with a front-mounted bicycle rack. These
determinations shall be consistent with the operating requirements
specified in subparagraph (A). It is the intent of the Legislature
that the field review required under this subparagraph include
consultation with traffic engineers from affected public agencies
that have jurisdiction over segments of the route or routes under
review, to ensure coordination with all affected state and local
public road agencies that may potentially be impacted due to the
operation of a 45-foot bus with a front-mounted bicycle rack.
   (11) (A) A house car of a length of up to 45 feet when operating
on the National System of Interstate and Defense Highways or when
using those portions of federal aid primary system highways that have
been qualified by the United States Secretary of Transportation for
that use, or when using routes appropriately identified by the
Department of Transportation or local authorities, with respect to
highways under their respective jurisdictions.
   (B) A house car described in subparagraph (A) may be operated on a
highway that provides reasonable access to facilities for purposes
limited to fuel, food, and lodging when that access is consistent
with the safe operation of the vehicle and when the facility is
within one road mile of identified points of ingress and egress to or
from highways specified in subparagraph (A) for use by that vehicle.

   (C) As used in this paragraph and paragraph (10), "reasonable
access" means access substantially similar to that authorized for
combinations of vehicles pursuant to subdivision (c) of Section
35401.5.
   (D) Any access route established by a local authority pursuant to
subdivision (d) of Section 35401.5 is open for access by a house car
of a length of up to 45 feet. In addition, local authorities may
establish a process whereby access to services by house cars of a
length of up to 45 feet may be applied for upon a route not
previously established as an access route. The denial of a request
for access to services shall be only on the basis of safety and an
engineering analysis of the proposed access route. In lieu of
processing an access application, local authorities, with respect to
highways under their jurisdiction, may provide signing, mapping, or a
listing of highways, as necessary, to indicate the use of these
specific routes by a house car of a length of up to 45 feet.
   (c) The Legislature, by increasing the maximum permissible kingpin
to rearmost axle distance to 40 feet effective January 1, 1987, as
provided in paragraph (4) of subdivision (b), does not intend this
action to be considered a precedent for any future increases in truck
size and length limitations.
   (d) Any transit bus equipped with a folding device installed on or
after January 1, 1999, that is permitted under subparagraph (B) of
paragraph (3) of subdivision (b) or under paragraph (9) of
subdivision (b) shall be additionally equipped with any of the
following:
   (1) An indicator light that is visible to the driver and is
activated whenever the folding device is in an extended position.
   (2) Any other device or mechanism that provides notice to the
driver that the folding device is in an extended position.
   (3) A mechanism that causes the folding device to retract
automatically from an extended position.
   (e) (1) A person may not improperly or unsafely mount a bicycle on
a device described in subparagraph (B) of paragraph (3) of
subdivision (b), or in paragraph (9) or (10) of subdivision (b).
   (2) Notwithstanding subdivision (a) of Section 23114 or
subdivision (a) of Section 24002 or any other provision of law, when
a bicycle is improperly or unsafely loaded by a passenger onto a
transit bus, the passenger, and not the driver, is liable for any
violation of this code that is attributable to the improper or
unlawful loading of the bicycle. 
  SECTION 1.    Section 37420.5 is added to the
Government Code, to read:
   37420.5.  (a) The City of Montebello may sell all or part of its
water utility pursuant to this article as provided in Section 10051.5
of the Public Utilities Code.
   (b) This section shall remain in effect only until July 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2017, deletes or extends that date.
 
  SEC. 2.    Section 10051.5 is added to the Public
Utilities Code, to read:
   10051.5.  (a) Notwithstanding any other provision of this article,
the City of Montebello may sell all or part of its water utility
property pursuant to Article 3 (commencing with Section 37420) of
Chapter 5 of Part 2 of Division 3 of Title 4 of the Government Code,
subject and pursuant to the following additional provisions,
limitations, and requirements:
   (1) The governing body of the city shall not sell the water
utility property for less than its fair market value determined as
set forth in the Public Water System Investment and Consolidation Act
of 1997 (Chapter 2.5 (commencing with Section 2718) of Part 2 of
Division 1).
   (2) A majority of the members of the governing body of the city
must approve the sale.
   (3) The entity acquiring the water utility property shall be a
public utility, as defined in Section 216, which is presently
authorized by the commission to provide water utility service within
the corporate limits of the city pursuant to a certificate of public
convenience and necessity and the area of the one or more
certificates includes or surrounds all or part of the city's water
utility system.
   (4) As a condition of acquiring the city's water system, the
acquiring public utility shall file a revised service area map with
the commission that shows the area formerly served through the city's
water utility system as part of the acquiring public utility's
service area. The acquiring public utility shall submit the map by
filing a tier-one advice letter with the commission and, upon this
filing, shall be deemed authorized and bound to render public utility
water service to all persons in the area formerly served through the
city's water utility system on the same terms, conditions, and rates
that the commission has found to be just and reasonable for the
acquiring public utility's other customers in the city.
   (b) This section shall remain in effect only until July 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2017, deletes or extends that date.
 
  SEC. 3.    The Legislature finds and declares that
a special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique circumstances
applicable to the City of Montebello. The City Council of the City of
Montebello believes it is no longer in the public interest to own
and operate all or part of a water utility and desires to sell its
water utility. However, the city would be unable to do so in a timely
manner because the Legislature has enacted statutes that may
conflict with one another and with the City of Montebello's urgent
financial requirements, thereby preventing the City of Montebello
from selling and the acquiring public utility from purchasing the
water utility without an election and performance of other
procedures. In order to clearly state the law with respect to the
City of Montebello, a special statute is needed and a general statute
cannot be made applicable.  
  SEC. 4.    This act is an urgency statute
necessary for the immediate preservation of the public peace, health,
or safety within the meaning of Article IV of the Constitution and
shall go into immediate effect. The facts constituting the necessity
are:
   The City of Montebello's water utility infrastructure is aging and
is experiencing numerous leaks and equipment failures. The aging and
failing water utility infrastructure impairs the safety and
reliability of the city's water utility system, including its ability
to provide water for public fire-fighting purposes. The city's water
utility serves only a small fraction of the city's residents and is
losing money despite significant recent rate increases. The city's
budget and general fund cannot make up for that revenue shortfall or
the cost of the urgently needed water supply infrastructure upgrades
and repairs of its water utility system. The City of Montebello
desires to sell all or part of the city-owned water utility to a
public utility capable of operating, managing, and upgrading the
water system while financial conditions are favorable to the city,
however, the Legislature has adopted statutes governing the sale of
municipal property which may conflict with each other and the urgent
needs of the city. In order to provide the City of Montebello with
the clear statutory authority to sell its water utility without an
election as soon as possible, it is necessary that this act take
effect immediately. 
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