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Home My WebLink About18 LEGISLATIVE UPDATES (SB229 & AB321) 04-17-07'---~: ~+ Agenda Item 78 AGENDA REPORT Reviewed: City Manager Finance Director N/A MEETING DATE: APRIL 17, 2007 T0: WILLIAM A. HUSTON, CITY MANAGER FROM: CITY CLERK'S OFFICE SUBJECT: LEGISLATIVE REPORTS SUMMARY: Attached are the following legislative items for discussion by the City Council. • SB 229 (Large & Heavy Load Vehicles) • AB 321 (Speed Limits Close to School} RECOMMENDATION: Pleasure of the City Council. F I SCAL I M PACT: None. 1 Maria R. Huizar Chief Deputy City Clerk AGENDA REPORT Agenda Item Reviewed: City Manager Finance Director NIA MEETING DATE: APRIL 17, 2007 T0: WILLIAM A. HUSTON, CITY MANAGER FROM: SCOTT M. JORDAN, CHIEF OF POLICE SUBJECT: LEGISLATIVE REPORT - SB 229, LARGE ORHEAVY-LOAD VEHICLES SUMMARY Existing law authorizes the Department of Transportation or local authorities to issue a special permit authorizing an applicant to move a vehicle, combination of vehicles, or special equipment that exceeds the maximum size or weight allowed. Local authorities are authorized to require extra insurance or other financial security as a condition for a permit for unusually large or heavy loads that pose a substantial risk to public facilities. Senate Bill 229 would require a local authority to use certain specified criteria in determining whether extra insurance or other financial security is required by an unusually large or heavy load that poses a substantial risk to public facilities. RECOMMENDATION Pleasure of the City Council F I S CAL I M PACT None BACKGROUND SB 229, introduced by Senator Margett, provides for local authorities to use certain specific criteria in determining whether extra insurance or other financial security is required by an unusually large or heavy load that poses a substantial risk to public facilities (See Attachment A). This amendment would add to existing law, California Vehicle Code section 35782(4), to allow a local authority to determine what constitutes an "unusually large or heavy load." CVC 35782 (d): "For purposes of determining whether, under subdivision (b), extra insurance or other financial security is required by an unusually large or heavy load, a local authority shall be governed by the criteria set forth in City Council Report Legislative Report SB 229 April 17, 2007 Page 2 of 2 subdivision (b) of Secfion 1411.3 of Tifle 21 of fhe California Code of regulafions." Currently, extra-legal load permits are issued by Traffic Engineering to those carriers who apply for transportation permits for those vehicles or loads which exceed statutory maximums. When applying for such permits, carriers are required to submit specific dimensions of theirvehicle or load that would require the issuance of an extra-legal load permit. As an example, CVC section 35250 specifies no vehicle or load shall exceed a height of 14 feet. Carriers submitting application for permit must disclose the height of the vehicle or load if it exceeds the 14 foot height maximum. If SB 229 were enacted into existing law, Traffic Engineering would be able to determine if a load were "unusually large or heavy" when carriers submitted load dimensions on their application for a transportation permit, which met the criteria in Section 1411.3 of the California Code of Regulations (See Attachment B). As an example, a carrier submits an application for a transportation permit for a load which exceeds 17 feet. Pursuant to Section 1411.3(b)(3) of the California Code of Regulations, this load would be deemed "unusually large" and extra insurance or other financial security may be imposed as a condition of issuance of the permit. Sections 35783, 35784 and 35784.5 of the California Vehicle Code require carriers who transport extra legal loads to: • Carry extra-legal load permits in their vehicle for inspection. • Shall not violate terms of extra-legal load permits. • Obtain extra-legal load permits. ~c~'~~ ~~1 ~, Scott M. Jordan Chief of Police Attachment A -Senate Bill 229 Attachment B -California Code of Regulations 1411.3 ATTACHMENT A SENATE BILL No. 229 Introduced by Senator Margett February 13, 2007 An act to amend Section 35782 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST SB 229, as introduced, Margett. Vehicles: large or heavy loads. (1) Existing law authorizes the Department of Transportation or local authorities, with respect to highways in their respective jurisdictions, to issue a special permit authorizing an applicant to move a vehicle, combination of vehicles, or special equipment that exceeds the maximum size or weight allowed. The department or local authorities are authorized to require extra insurance or other financial security as a condition for a permit for unusually large or heavy loads that pose a substantial risk to public facilities. This bill would require a local authority to use certain specified criteria in determining whether extra insurance or other financial security is required by an unusually large or heavy load that poses a substantial risk to public facilities. (2) Because this bill would impose new duties on local governments with respect to required criteria to determine whether extra insurance or other financial security is required by an unusually large or heavy load that poses a substantial risk to public facilities, this bill would impose astate-mandated local program. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, ~~~ SB 229 2- reimbursement for those costs shall be made pursuant to these statutory provisions. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. The people of~the State of California do enact as,follow.s: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 SECTION 1. Section 35782 of the Vehicle Code is amended to read: 35782. (a) The Department of Transportation or a local authority inay issue or withhold the permit at its discretion, or, if the permit is issued, do any of the following when necessary to protect against injury to the road, foundations, surfaces, or structures: (1) Liinit the number of trips. (2) Establish seasonal or other time limitations within which the vehicle or vehicles described may be operated on the highways indicated. (3) Otherwise limit or prescribe conditions of operation of the vehicle. (b) The Department of Transportation or a local authority may not require the posting of a bond as a condition of the issuance of a permit, except that a requirement of extra insurance or other financial security may be imposed as a condition for a permit for unusually large or heavy loads that pose a substantial risk to public facilities. (c) Except as provided in subdivision (b), the Department of Transportation or a local authority may not require proof of financial responsibility in an amount greater than that required for compliance with Section 16500.5 as a condition of the permit, and shall accept evidence of financial responsibility that complies with Section 16020. (d) For the purposes of determining whether under subdivision (b), extra insurance or other, financial security is required by an unusually large or heavy load, a local authority shall he governed by the criteria set, forth in subdivision (b) of~Section 1411.3 of'Title 21 of the California Code of Regulations. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to 9q - 3 - SB 229 1 local agencies and school districts for those costs shall be made 2 pursuant to Part 7 (commencing with Section 17500) of Division 3 4 of Title 2 of the Government Code. 0 9q ATTACHMENT B HISTORY 1. Renumbering from section 1439.1 filed 4-6-70; effective thirtieth day thereafter (Register 70, No. 15). 2. Amendment filed 8-7-73 as procedural and organizational; effective upon filing (Register 73, No. 32) 3. Amendment of section and NOTE filed 1-12-93; operative 2-15- 93, No. 3). Section 1411.3. Permit Fees. (mil Th° n°rmit f°°c chill h° ~~ fnllrn^ie• (a) Permit fees: Single trip permit-e~i~e~ ........$~-99 20.00 Permit rider , $20.00 Repetitive trip permit. $110.00 Annual permit ................-$9-99 110.00 (b) In addition, a sf~s+af service charge of $50.00 per hour will be ~ charged for each hour expended directly on engineering investigations, routing ia~, coordination, and control of permit movement for each individual load or vehicle which is equal to or in excess of any one of the following: ~^,hi^h m°°+~ ,n„ nn° of 4hr°° (1) I n„~~ in °„^°~~ of 15 feet in width wide. (2) I ^~,~~ in °~^o~~ of 135 feet in overall length. (3) 17 feet in height . (4) Weight that requires: (A) More than a 13-axle, single-vehicle width hauling combination, or (B) A 13-axle, single-vehicle width hauling combination with a load deck where the inner axles in the groups bordering the load deck are 40 feet or more apart, or (C) Two or more side-by-side vehicles with a combined width of 14 feet or more supporting the load. (c) The total hours sf~ for the service charge will be a summation of the time expended ~ by all Department personnel related to the specific load or vehicle and rounded up or down to the nearest whole hour. (d) For identical loads or vehicles requiring multiple permits and transported at the same time or on sequential dates, the service charge shall only be applied to the fee for the first permit. (°1 Th° nh~rn° nor n°rmi~ ic~i i°,~~~ c~m° ci~° ~nr) rJ°errinfinn ~^~i~h °~iirlonn° ,••, If~_ T-~"~~°,~n,~n~D f_~~~~ r~~nr1 eh~Il h° rl°~~,~ (e) Vehicles owned by city, county, and state agencies and operated by their employees are exempt from all permit fees. (f) Loads transported on a city, county, or state vehicle and driven by a city, county, or state employee are exempt from all permit fees. (g) There is no fee for a replacement permit or a permit rider issued to correct an error or omission made by the State. (h) There is no fee for an inspection: (1) If it is the initial inspection on a vehicle or load. (2) If an inspection appointment is rescheduled or canceled 24 hours before the originally scheduled time and date. (3) If the inspection is required due to error or omission made by the State. (i) There will be a $50 fee for any inspection or missed appointment except as noted in paragraph (h) ofthis section. NOTE: Authority cited: Section 35795, Vehicle Code. Reference: Section 35795, Vehicle Code; and Section 92, Streets and Highways Code. NOTE: Authority cited: Section 35795, Vehicle Code. Reference: Section 35795, Vehicle Code; and Section 92, Streets and Highways Code. ~, AGENDA REPORT MEETING DATE: APRIL 17, 2007 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: SCOTT M. JORDAN, CHIEF OF POLICE Agenda Item Reviewed: City Manager Finance Director NIA SUBJECT: LEGISLATIVE REPORT - AB 321, SCHOOL SPEED LIMITS SUMMARY Existing law establishes a 25 mile per hour prima facie speed limit when approaching or passing a school building or grounds, which are adjacent to a highway and posted with a standard "SCHOOL" warning sign. The speed limit is applicable while children are going to or leaving the school either during school hours or during the noon recess period. Assembly Bill 321, instead, would amend California Vehicle Code section 22352 and establish a 15 mile per hour prima facie speed limit when approaching or passing within 500 feet of a school building or the grounds, which are adjacent to a highway. A school warning sign that indicates a speed limit of 15 mile per hour while children are present must be posted. RECOMMENDATION Pleasure of the City Council FISCAL IMPACT The cost of the labor and materials to post the required signage in and around all school sites located within the City. BACKGROUND Assembly Member Nava introduced this bill, which would establish a 15 mile per hour prima facie speed limit when approaching or passing within 500 feet of a school building or the grounds, which are adjacent to a highway. A school warning sign that indicates a speed limit of 15 mile per hourwhile children are present must be posted. The bill would also provide a 25 mile per hour prima facie limit when approaching one of those areas, where children are present, between 500 and 1000 feet of a school building or grounds. The area would be posted with a school warning sign that indicates a speed limit of 25 miles per hour. Page 2 The amendment specifically addresses lowering the speed limit in the school zones from 25 mph to 15 mph within specified distances, while children are present. Recent history reminds us how easily tragedy can strike. Phyllis Parker, one of our most distinguished school crossing guards, was struck while working her post at Prospect Ave. and Beneta Way, adjacent to Columbus Tustin School located on Beneta Way. Phyllis ultimately succumbed to her injuries. A slower sped limit of 15 miles per hour, within 500 feet, and a secondary school zone from 500 to 1000 feet posted at 25 mph, may have prevented the accident. We have not had any children injured going to and coming home from school in recent memory. ~~ ~h Scott M. Jordan Chief of Police Attachment A-Assembly Bill 321 +~._ ATTACHMENT A CALIFORNIA LEGISLATURE-200]-OS REGULAR SESSION ASSEMBLY BILL No. 321 Introduced by Assembly Member Nava February 13, 2007 An act to amend Section 22352 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 321, as introduced, Nava. Vehicles: prima facie speed limits: schools. (1) Existing law establishes. a 25 miles per hour prima facie limit when approaching or passing a school building or the grounds thereof, contiguous to a highway and posted with a standard "SCHOOL" warning sign, while children are going to or leaving the school either during school hours or during the noon recess period. The prima facie limit also applies when approaching or passing school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a standard "SCHOOL" warning sign. A violation of that prima facie limit is an infraction. This bill, instead, would establish a 15 miles per hour prima facie limit when approaching, at a distance of less than 500 feet, or passing a school building or the grounds thereof, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 15 miles per hour, while children are present. The prima facie limit would also apply when approaching, at that same distance, or passing school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with one of those signs. ~~~~ AB 321 -2- The bill would provide that a 25 miles per hour prima facie limit applies when approaching, at a distance of 500 to 1,000 feet from, one of those areas where children are present, that is posted with a school warning sign that indicates a speed limit of 25 miles per hour. By changing the prima facie limit the bill would expand the scope of an existing crime, thereby imposing astate-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for mal~ing that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. The people of the State of California do enact as. fnllow,s: 1 SECTION 1. Section 22352 of the Vehicle Code is amended 2 to read: 3 22352. (a) The prima facie limits are as follows and shall be 4 applicable unless changed as authorized in this code and, if so 5 changed, only when signs have been erected giving notice thereof: 6 (1) Fifteen miles per hour: 7 (A) When traversing a railway grade crossing, if during the last 8 100 feet of the approach to the crossing the driver does not have 9 a clear and unobstructed view of the crossing and of any traffic on 10 the railway for a distance of 400 feet in both directions along the 11 railway. This subdivision does not apply in the case ofd cr l2 railway grade crossing where a human flagman is on duty or a 13 clearly visible electrical or mechanical railway crossing signal 14 device is installed but does not then indicate the iininediate 15 approach of a railway train or car. 16 (B) When traversing an intersection of highways if during 17 the last 100 feet of the driver's approach to the intersection the 18 driver does not have a clear and unobstructed view of the 19 intersection and of any traffic upon all of the highways entering 20 the intersection for a distance of 100 feet along all those highways, 21 except at an intersection protected by stop signs or yield 22 right-of-way signs or controlled by official traffic control signals. 23 (C) Ong an alley. 99 -3- AB 321 2 3 4 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2G 27 28 29 30 31 32 33 34 35 36 37 38 39 40 (D) When approaching, at a distance o f 'less than 500, f eet, or passing a school building or the grounds thereof, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 15 miles per hour; while children are present. The prima facie limit shall also apply when approaching, at distance o f less than S00 feet, or passing school grounds that are not separated .from the highway by a f ence, gate, or other ph~~s~ical barrier while the grounds are in use by children and the highway is posted with a school warning sign that indicates a speed limit o f ' I S miles per hour The prima facie limit applies to all lanes o f an a ffected highway, in both directions o f 'travel. For purposes o f ' this subparagraph, school warning signs indicating a speed limit of I S miles per hour may be placed at a distance up to 500, feet away, f rom school grounds. (2) Twenty-five miles per hour: (A) On-a~ a highway other than a state highway, ink a business or residence district unless a different speed is determined by local authority under procedures set forth in this code. (B) When approaching ~ , at a distance o f 500 to 1, 000 f eet, from, a school building or the grounds thereof, contiguous to a highway and posted with a school warning sign that indicates a speed limit o f ' 25 »~iles per hour, while children are present. The prima facie limit shall also apply when approaching ~ , at a distance o f 500 to 1, 000, feet from, school grounds~~ that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with ~ ~ a school warning sign that indicates a speed limit o f '25 miles per hour. The prima ,facie limit applies to all lanes o f an affected highway, in both directions o f travel. For purposes of this subparagraph, << school warning signs indicating a speed limit of 25 miles per hour may be placed at any distance between S00 and 1,000 feet away. from school grounds. (C) When passing a senior center or other facility primarily used by senior citizens, contiguous to a street other than a state highway and posted with a standard "SENIOR" warning sign. A local authority is not required to erecter a sign pursuant to this 9q AB 321 -4- 1 paragraph until donations from private sources covering those 2 costs are received and the local agency snakes a determination that 3 the proposed signing should be implemented. A local authority 4 may, however, utilize any other funds available to it to pay for the 5 erection of those signs. 6 7 SEC. 2. No reimbursement is required by this act pursuant to 8 Section 6 of Article XIIIB of the California Constitution because 9 the only costs that may be incurred by a local agency or school l0 district will be incurred because this act creates a new crime or 11 infraction, eliminates a crime or infraction, or changes the penalty 12 for a crime or infraction, within the meaning of Section 17556 of I3 the Government Code, or changes the definition of a crime within 14 the meaning of Section 6 of Article XIIIB of the Califol-~lia 1 S Constitution. 0 9q