BILL NUMBER: SB 165 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 14, 2009
INTRODUCED BY Senator Lowenthal
FEBRUARY 14, 2009
An act relating to transportation, and declaring the
urgency thereof, to take effect immediately. An act to
amend Section 14528.55 of the Government Code, to amend Section
44126 of the Health and Safety Code, and to amend Sections 12810.3
and 21800 of the Vehicle Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
SB 165, as amended, Lowenthal. Federal transportation
funds. Transportation.
Existing law authorizes a city or county, in which a planned state
transportation facility was to be located on a specified portion of
State Highway Route 84, to develop and file with the California
Transportation Commission a local alternative transportation
improvement program that addresses transportation problems and
opportunities, and provides for the use of revenues from the sales of
excess properties acquired for the planned state transportation
facility in order to fund the program, but limits the use of revenues
from excess property sales to state highway purposes and certain
projects in the program.
This bill would specify that the excess properties are
nonresidential properties.
Existing law creates the Enhanced Fleet Modernization Subaccount
in the High Polluter Removal and Repair Account.
This bill would correct the name of the account.
This bill would also make technical, nonsubstantive changes to the
Vehicle Code.
Existing law provides for apportionment of federal transportation
funds to the state and provides for allocation of these funds to
various purposes.
This bill would make legislative findings and declarations
relative to additional federal funds to be made available to the
state pursuant to federal economic stimulus legislation.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3 majority . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14528.55 of the
Government Code is amended to read:
14528.55. (a) To resolve local transportation problems resulting
from the infeasibility of planned state transportation facilities on
State Highway Route 84 in the Cities of Fremont and Union City, the
cities or the county in which the planned facilities were to be
located, acting jointly with the transportation planning agency
having jurisdiction over the cities or county, may develop and file
with the commission a local alternative transportation improvement
program that addresses transportation problems and opportunities in
the county that were to be served by the planned facilities.
Priorities for funding in the local alternative program shall go to
projects in the local voter-approved transportation sales tax
measure.
(b) The commission shall have the final authority regarding the
content and approval of the local alternative transportation
improvement program. The commission shall not approve any local
alternative transportation improvement program submitted under this
section after July 1, 2010.
(c) All proceeds from the sale of the excess nonresidential
properties, less any reimbursements due to the federal
government and all costs incurred in the sale of those excess
nonresidential properties, shall be allocated by the commission
to fund the approved local alternative transportation improvement
program and shall not be subject to Sections 188 and 188.8 of the
Streets and Highways Code. The proceeds shall be used only for state
highway purposes or for projects in the local alternative
transportation improvement program that are also in the local
voter-approved transportation sales tax measure, subject to approval
by the department.
(d) This section does not apply to those highways that are in the
National System of Interstate and Defense Highways.
(e) This section only applies to State Highway Route 84.
(f) Section 14528.8 does not apply to projects undertaken pursuant
to this section.
SEC. 2. Section 44126 of the Health and
Safety Code is amended to read:
44126. The Enhanced Fleet Modernization Subaccount is hereby
created in the High Polluter Removal and Repair
Repair or Removal Account. All moneys deposited in the
subaccount shall be available to the department and the BAR, upon
appropriation by the Legislature, to establish and implement the
program created pursuant to this article.
SEC. 3. Section 12810.3 of the Vehicle
Code is amended to read:
12810.3. (a)
Notwithstanding subdivision (f) of Section 12810, a violation point
shall not be given for a conviction of a violation of subdivision (a)
of Section 23123, subdivision (a) of Section 23123.5, or subdivision
(b) of Section 23124.
(b) This section shall become operative on July 1, 2008.
SEC. 4. Section 21800 of the Vehicle
Code is amended to read:
21800. (a) The driver of a vehicle approaching an intersection
shall yield the right-of-way to any vehicle which has entered the
intersection from a different highway.
(b) (1) When two vehicles enter an intersection from different
highways at the same time, the driver of the vehicle on the left
shall yield the right-of-way to the vehicle on his or her immediate
right, except that the driver of any vehicle on a terminating highway
shall yield the right-of-way to any vehicle on the intersecting
continuing highway.
(2) For the purposes of this section, "terminating highway" means
a highway which intersects, but does not continue beyond the
intersection, with another highway which does continue beyond the
intersection.
(c) When two vehicles enter an intersection from different
highways at the same time and the intersection is controlled from all
directions by stop signs, the driver of the vehicle on the left
shall yield the right-of-way to the vehicle on his or her immediate
right.
(d) (1) The driver of any vehicle approaching an intersection
which has official traffic control signals that are inoperative shall
stop at the intersection, and may proceed with caution when it is
safe to do so. This subparagraph shall apply to traffic
control signals that become inoperative because of battery failure.
(2) When two vehicles enter an intersection from different
highways at the same time, and the official traffic control signals
for the intersection are inoperative, the driver of the vehicle on
the left shall yield the right-of-way to the vehicle on his or her
immediate right, except that the driver of any vehicle on a
terminating highway shall yield the right-of-way to any vehicle on
the intersecting continuing highway.
(e) This section does not apply to any of the following:
(1) Any intersection controlled by an official traffic control
signal or yield right-of-way sign.
(2) Any intersection controlled by stop signs from less than all
directions.
(3) When vehicles are approaching each other from opposite
directions and the driver of one of the vehicles intends to make, or
is making, a left turn.
SECTION 1. The Legislature finds and declares
all of the following:
(a) Legislation has been introduced in the United States Congress
that, when enacted, will make appropriations of federal funds for
various purposes, including job preservation and creation,
infrastructure investment, energy efficiency and science, assistance
to the unemployed, and state and local government fiscal
stabilization. This act, known as the American Recovery and
Reinvestment Act of 2009, is expected to provide between $40 billion
and $85 billion nationally in transportation funding for a variety of
mass transit and highway projects.
(b) It is the intent of the Legislature to implement the
expenditure of federal transportation funds apportioned to the state
under the act as expeditiously as possible and in accordance with
federal law.
(c) It is in the interest of the state to ensure that the funds
apportioned to the state under the act are fully obligated within the
constraints of the act.
(d) The investment of these federal transportation funds should be
guided by both of the following principles:
(1) Investment in transportation projects should stimulate job
creation in the near term and support economic activity in the long
term.
(2) Transportation projects funded by the act should contribute to
a transportation system that is environmentally sustainable,
allowing for mobility of goods and people in the cleanest and most
efficient manner possible. Funding should support the development and
deployment of new technology that has the potential to address the
interrelated problems of transportation, air quality, and climate
change.
SEC. 2. 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:
In order to implement expenditure of federal transportation funds
made available by Congress as part of the economic stimulus
legislation as quickly as possible, it is necessary that this act
take effect immediately.