Loading...
HomeMy WebLinkAboutMINUTES - 04281998 - C26 ........................................................................................................ ............................................... to: BOARD OF SUPERVISORS Contra FROM: TRANSPORTATION COMMITTEE Costa County DATE: April 21 , 1998 SUBJECT: Recommendations for Positions on Transportation Related Legislation SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS ADOPT the following positions on transportation related legislation: Support ACA 30 (Murray) Transportation Funding Neutral AB 930 (Thomson) Bicycle Facility Funding Support AB 1624 (Figueroa) High Occupancy Vehicle Lanes Support AB 2010 (Leach) Caldecott Tunnel Support AB 2095 (Ackerman) Government Tort Liability Oppose AB 2354 (Olberg) Development Fees Oppose AB 2488 (Cardoza) Land Use CONTINUED ON ATTACHMENT: X YES SIGNATURE — RECOMMENDATION OF COUNTY ADMINISTRATOR X RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): TOO-Can,c larnifla, Chair Donna G ACTION OF BOARD ON APRIL 28, 1998 APPROVED AS RECOMMENDED x OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ASSENT TRUE AND CORRECT COPY OF AN AYES: I I-I 11,1 V, NOES:--- ACTION TAKEN AND ENTERED ON THE ABSENT:"_„_ABSTAIN; MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact Person, Steven Goetz, 335-1240 ATTESTED Orig: Community Development Director PHIL BAIPCHELOR, CCERK OF Public Works Director THE BOARD OF SUPERVISORS Public Works, T.E. AND COUNTY ADMINISTRATOR County Administrator County Counsel Community Development, TPD BY ' DEPUTY I Y Smith & Kempton SLG:cAtranscom\bi1ls.bo 3 that-44s 1 . , caftbrate or tAori& the proper caftbra on -ref r when 2. tric-actuated ` Vis- on those, devzces so that they snip on., detect Ncyc16 tra, con the,rdadway ellectar 4 tpt c�rr `ttt : . eott ►r ' 3 .:tete ncrease :f:` 5 Gaverr meat bode, rthe C�zt� r�r .onState,MAndates 6 detenWhes that t&s act contains costs m4ln !;&ted by the 1 that is 7 st, te, rez burseinent to 1 agerzci s an school from a 8 d sh cts for thosi costs s1�al�be.wade;pursuant is . ' rt ' 9 (cornmerc wig Seco .17M c #` ' e -Hra�rd.t f f 10 2 f the + t Or=ent lode. f , ;stat&Wddecost�f& efcr 11 cin fogebrrrsenertt dyes no exceed oxr�s'mon 1 `drags' ( ' ,00 ;( , rei, rbursement saed,e 1 tle Stste. ttdt�e tai , 14 = 1 txths # en 1 � e ovet ec 'e, I sse er 'sespe 06d,: ep o s,' �. .f Zr'$4et hed 1 sb 'I �bec�►xe .© erave `on :tete sazn natet t`he:pct 'th 17, tees effect ftrts�xant tc the �i�rxra `opstu 'on. not ; ' --Agri a re+ b3' 5 . gyred on ale rleafirorn- ti - mentref tc s Y J - . R ♦ Y - Y 't y 4' 9 ' � AB 1624 Assembly Bill-ANffiNDED Page 1 of 3 BILL NUMBER: AB 1624 AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 20, 1998 AMENDED IN ASSEMBLY MARCH 16, 1998 INTRODUCED BY Assembly Member Figueroa JANUARY 5, 1998 An act to amend Section 2602 of the Streets and Highways Code, and to amend, repeal, and add Section 21655.6 of the Vehicle Code, relating to highways. LEGISLATIVE COUNSEL'S DIGEST AB 1624, as amended, Figueroa. Highways —t (1) Existing law prescribes a state-local partnership program for fundinq highway and exclusive public mass transit guideway improvement projects. Under that law, construction contracts for a project on the eligibility list are required to be let by June 30 of the fiscal year for which funds for the state's share of funding for the project are appropriated, except as provided. This bill would extend that deadline for the Direct Connector Project in the Alameda County between Interstate Highway Route 580 and Interstate Highway Route 680 to June 30, 1999, for any construction project that otherwise would have been required to be let by June 30 1998. (2) Existing law authorizes the Department of Transportation and local authorities, with respect to highways under their respective jurisdictions, to authorize or permit exclusive or preferential use of highway lanes for high-occupancy vehicles. Existing law also prohibits the department, pursuant to a specified federal law, from restricting or requiring the restriction of any lane on any federal-aid highway in the unincorporated areas of Alameda County to high-occupancy vehicles, except for approaches to controlled access highways, toll roads, or bridges. This bill would delete that prohibition on the date that the federal law is repealed and, on that date, would require the Metropolitan Transportation Commission, if the Department of Transportation restricts or requires the restriction of the use of any lane on any federal-aid highway in the unincorporated areas of Alameda County to high-occupancy vehicles, to review the use patterns of those lanes and to determine if congestion relief is being efficiently achieved by the creation of the high-occupancy vehicle lanes. The bill also would require the commission to report its findings and recommendations in its HOV Master Plan Update for the San Francisco Bay area, as specified. Thus, because the bill would increase the duties and responsibilities of a local area planning agency, it would impose a state-mandated local program. —(2) (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, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,040,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, 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 FOLLOWS: SECTION 1. Section 2602 of the Streets and Highways Code is amended to read: http://www.14nfo.c&gov/pub/bill/asm/ab_1601-1650/Bb_1624 bill_980420 amended_asm.bttnl 4/22/98 s AB 1624 Assembly Bill-AMENDED Page 2 of 3 2602. (a) The state-local transportation partnership program shall be implemented by the department and the applicants under the following procedures: (1) Applicants shall submit applications for eligible projects to the department not later than June 30. (2) The department shall review the, applications for consistency with the requirements of this chapter and shall compile a preliminary list of all eligible projects not later than September 30 of the year in which the application was submitted. (3) (A) If the total state share for eligible projects exceeds the amount specified in the Governor's proposed budget, the department shall compute the preliminary pro rata share of state funds to be available so that each eligible project would receive the same ratio of state share to local share. Not later than April 1 of the following year, the department shall advise the applicants of the preliminary pro rata share of state funds to be available. (B) Not later than June 15 of the following year, each applicant shall inform the department whether or not it can proceed with the project with the lower state share and meet the project development completion requirements specified in subparagraph (D) of paragraph (2) of subdivision (a) of Section 2601. (C) Upon the enactment of the annual Budget Act, the department shall compile a new list of eligible projects consisting of those projects that were included in the original list that the applicant has indicated it can proceed with a lower state share and for which the applicant has indicated it can still meet the delivery requirements pursuant to subparagraph (D) of paragraph (2) of subdivision (a) of Section 2601. (D) Based on the amount of the appropriation contained in the annual Budget Act, the department shall compute the final pro rata state share so that each project on the new list would receive the same ratio of state share to local share. (E) Within 30 days of the enactment of the annual Budget Act, the department shall report to the Legislature on the projects being funded through this program and the ratio of state share to local share. (4) The Legislature intends to appropriate two hundred fifty million dollars ($250,000,000) by June 30, 1990, two hundred fifty million dollars ($250,000,000) by June 30, 1991, and two hundred million dollars ($200,000,000) by June 30 of each year thereafter for this program. (5) Construction contracts for projects on the eligibility list established pursuant to paragraph (2) or (3) shall be let not later than June 30 of the fiscal year for which funds are appropriated pursuant to paragraph (4) . (6) Beginning with projects funded through appropriations made by the Budget Act of 1992, applications shall not be accepted for any project within the boundaries of a project subject to, but for which contracts were not let in accordance with, paragraph (5), for a period of three fiscal years following the fiscal year in which the applicant's notification of intent to proceed under subparagraph (B) of paragraph (3) was submitted. (7) The funds appropriated shall be expended not later than June 30 of the fourth year following the appropriation. (8) Notwithstanding paragraphs (5) and, (6), any project in Orange County for which a construction contract would otherwise have been required to be let by June 30, 1995, may be let until, but not later than, June 30, '1996. (9) Notwithstanding paragraphs (5) and (6), any project in Santa Barbara County for which a Construction contract would otherwise have been required to be let by June 30, 1995, may be let until, but not later than, December 31, 1996. (10) The Lakeville highway widening project (State Route 116 from Caulfield Lane to the Petaluma city limit), and the Mare island Way/Wilson Avenue Cycle 6 improvement project in the City of Vallejo, for which a construction contract would otherwise have been required to be let by June 30, 1996, may be let until, but not later than, June 30, 1997. (11) Notwithstanding paragraphs (5) and (6), any project in Siskiyou County for which a construction contract would otherwise have been required to be let by June 30, 1997, may be let until, but not later than, June 30, 1999. (12) Notwithstanding paragraphs (5) and (6), the Direct Connector Project in the Alameda County between Zriterstate Route 580 and Interstate Route 68D for which a construction contract would otherwise have been required to be let by June 30, 1998, may be let until, but not later than, June 30, 1999. (b) This section shall remain in effect only until July 1, 1999, and as of that date is repealed, unless a later enacted statute, which is enacted on or before July 1, 1999, deletes or extends that httpJ/www.leginfo.c&gov/pub/bill/asm/ab 1641-1650/ab_1624_bill_980420—amended asm.html 4/22/98 AB 1624 Assembly Bill-AMENDED Page 3 of 3 date. SEC. 2. Section 21655.6 of the Vehicle Code is amended to read: 21655.6. (a) Whenever the Department of Transportation authorizes or permits exclusive or preferential use of highway lanes for high-occupancy vehicles on any highway located within the territory of a transportation planning agency, as defined in Section 99214 of the Public Utilities Code, or a county transportation commission, the department shall obtain the approval of the transportation planning agency or county transportation commission prior to establishing the exclusive or preferential use of the highway lanes. (b) If the department authorizes or permits additional exclusive or preferential use of highway lanes for high-occupancy vehicles on that portion of State Highway Route 101 located within the boundaries of the City of Los Angeles, the department shall obtain the approval of the Los Angeles County Transportation Commission by at least a two-thirds majority vote of the entire membership eligible to vote prior to establishing the additional exclusion or preferential use of the highway lanes. For purposes of this section, eight of the 11 voting members constitute a two-thirds majority of the commission. (c) Pursuant to Section 146 of the federal Surface Transportation Assistance Act;of 1982 (P.L. 97-4241, the department shall not restrict or require the restriction of the use of any lane on any federal-aid highway in the unincorporated areas of Alameda County to high-occupancy vehicles, exclusive of approaches to controlled access highways, toll roads, or bridges. (d) This section shall remain operative only until the date that Section 146 of the federal Surface Transportation Assistance Act of 1982 (P.L. 97-424) is repealed and, as of that date is repealed, unless a later enacted statute that is enacted on or before that date deletes or extends the date on which this section becomes inoperative and is repealed. BSG 2. SEC. 3. Section 21655.6 is added to the Vehicle Code, to read: 21655.6. (a) Whenever the Department of Transportation authorizes or permits exclusive or preferential use of highway lanes for high--occupancy vehicles on any highway located within the territory of a transportation planning agency, as defined in Section 99214 of the Public Utilities Code, or a county transportation commission, the department shall obtain the approval of the transportation planning agency or county transportation commission prior to establishing the exclusive or preferential use of the highway lanes. (b) If the department authorizes or permits additional exclusive or preferential use of highway lanes for high-occupancy vehicles on that portion of State Highway Route 101 located within the boundaries of the City of :Los Angeles, the department shall obtain the approval of the Los Angeles County 'Transportation Commission by at least a two-thirds majority vote of the entire membership eligible to vote prior to establishing the additional exclusion or preferential use of the highway lanes. For purposes of this section, eight of the 11 voting members constitute a two-thirds majority of the commission. (c) If the department restricts or requires the restriction of the use of any lane on any federal-aid highway in the unincorporated areas of Alameda County to high-occupancy vehicles, the Metropolitan Transportation Commission (MTC) shall review the use patterns of those lanes and shall determine if congestion relief is being efficiently achieved by the creation of the high-occupancy vehicle lanes. The MTC shall report its findings and recommendations in its HOV Master Plan Update for the San Francisco Bay area no later than two years after those high-occupancy vehicle lanes become operational. (d) This section shall become operative on the date that Section 146 of the federal Surface Transportation Assistance Act of 1982 (P.L. 97-424) is repealed. SEC. 4. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the Stfite Mandates Claims Fund. Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of this act shall became operative on the same date that the act takes effect pursuant to the California Constitution. http://www.leginfo.mgov/pub/bill/asWab_1601-1650/ab_1624_bill 980420 amended asm.htmi 4/22/98 CALIFORNIA LEGISLATURE-1997-98 REGULAR SESSION ASSEMBLY BILL No. 2011 Introduced by Assembly Member Leach (Coauthor: Senator Rainey) February 18, 1998 An act to add Section 324.5 to the Streets and Highways Code, relating to highways, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 2010, as introduced, Leach. Highways: Caldecott Tunnel. Existing law requires the Department of Transportation to improve and maintain the state highways. This bill would require the department to conduct a study to determine the cost of constructing a 4th bore in the Caldecott Tunnel located on State Highway Route 24 and report the result of the study to the Legislature on or before December 31, 1999. The bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows• 1 SECTION 1. Section 324.5 is added to the Streets and 2 Highways Code, to read: 99 AB 2010 — 2 - 1 324.5. The department shall conduct a study to 2 determine the cost of constructing a fourth bore in the 3 Caldecott Tunnel located on Route 24 and report the 4 result of the study to the Legislature on or before 5 December 31, 1999. 6 SEC. 2. This act is an urgency statute necessary for the 7 immediate preservation of the public peace, health, or 8 safety within the meaning of Article IV of the 9 Constitution and shall go into immediate effect. The facts 10 constituting the necessity are. 11 In order to help ensure, at the earliest possible time,the 12 protection of the public traversing the Caldecott Tunnel 13 located on State Highway Route 24 by requiring the 14 Department of Transportation to conduct a study to 15 determine the cost of constructing a fourth bore in that 16 tunnel, it is necessary that this act take effect 17 immediately. U 99 AB2095 Page 1 of 4 AB 2095 Governmental tort liability. BILL NUMBER: AB 2095 AMENDED 04/15/98 AMENDED IN ASSEMBLY APRIL 15, 1998 INTRODUCED BY Assembly Member Ackerman FEBRUARY 185 1998 An act to amend Section 2782 of, and to add Section 1433 to,the Civil Code, and to amend Sections 8301.5 and 830.6 of, and to add Sections 947,947.2, and 951 to,the Government Code, relating to governmental tort liability. LEGISLATIVE COUNSELS DIGEST AB 2095,as amended,Ackerman. Governmental tort liability. (1)Existing law establishes the tort liability of governmental agencies, as specified. This bill would provide that in any action for personal injury,property damage, or wrongful death based upon principles of comparative fault in which a public entity or employee is a defendant or cross-defendant, the public entity or employee shall be liable only for that amount of economic damages allocated to that defendant in direct proportion to the public entity's or employee's percentage of fault, and a separate judgment shall be rendered against that defendant for that amount. (2)Under existing law,with specified exceptions, any provision of a construction contract with a public agency is void and unenforceable if it relieves the public agency for its active negligence or imposes that negligence on the contractor. This bill would delete these provisions. (3)Existing law provides specially for the liability of public entities and their employees in tort, as specified. This bill would provide that as a defendant in an action for personal injury,property damage, or wrongful death, a public entity or employee may elect to introduce evidence of any amount payable as a benefit to the plaintiff as a result of the injury or death,as specified, in which event theplaintiff may introduce evidence of any amount which the plaintiff has paid or contributed to secure his or her right to any insurance benefits concerning which the defendant has introduced evidence. (4)Existing law provides that neither a public entity nor a public employee is liable for an injury caused by the plan or design of a construction of, or an improvement to,public property where the plan or design has been approved in advance of the construction or improvement by the http://www.sen.ca.gov/htbin/ca-html?GOPHER ROOT2:[BILL.CURR:ENT.AB.FROM2000.AE4/23/98*URRVI AB2095 Page 2 of 4 legislative body of the public entity or by some other body or employee exercising discretionary authority to give that approval or where that plan or design is prepared in conformity with standardspreviously so approved,if the trial or appellate court determines that there is any substantial evidence upon the basis of which a reasonable public employee could have adopted the plan or design or the standards therefor or a reasonable legislative body or other body or employee could have approved the plan or design or the standards therefor. This bill would include within that immunity a plan or design which is applicable during construction,reconstruction,modification,or maintenance; specify that the approval of a plan or design shall be determined as of the date it was approved; and provide that immunity shall continue notwithstanding notice to the public entity of changed conditions of the property or its use, if the trial or appellate court determines that there is any substantial evidence upon the basis of which a reasonable public employee could still adopt the plan or design or the standards therefor or a reasonable legislative body or other body or employee could still approve the plan or design or the standards therefor. (5) Under existing law, except as provided by statute, a public entity is liable for injury caused by a dangerous condition of its property. This bill would provide that other accidents under similar circumstances at the same or a similar location are not evidence that public property was in a dangerous condition unless the evidence shows that the persons involved in the other accidents were exercising due care. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. SECTION' 1. Section 1433 is added to the Civil Code,to read: 1433. In any action for personal injury,property damage,or wrongful death based upon principles of comparative fault in which a public entity or employee is a defendant or cross-defendant,the public entity or employee shall be liable only for that amount of economic damages allocated to that defendant in direct proportion to the public entity's or employee's percentage of fault,and a separate judgment shall be rendered against that defendant for that amount. SEC. 2. Section 2782 of the Civil Code is amended to read: 2782. Except as provided in Sections 2782.1, 2782.2, 2782.5, and 2782.6,provisions, clauses, covenants, or agreements contained in, collateral to, or affecting any construction contract and which purport to indemnify the promisee against liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole negligence or willful misconduct of the promisee or the promisee's agents, servants or independent contractors who are directly responsible to such promisee,or for defects in design furnished by such persons, are against public policy and are void and unenforceable; provided, however,that this provision shall not affect the validity of any insurance contract, workers' compensation or agreement issued by an admitted insurer as defined by the Insurance Code. SEC. 3. Section 830.5 of the Government Code is amended to read: 830.5. (a).Except where the doctrine of res ipsa loquitur is applicable,the happening of the accident which results in the injury is not in and of itself evidence that public property was in a dangerous condition. http:llwww.sen.ca.gov/htbin/ca-html?GOPHER ROOT2:[BILL.CURRENT.AB.FROM2000.Ah4/23/98''URRVI AB2095 Page 3 of 4 (b)The happening of other accidents under similar circumstances at the same or a similar location is not evidence that public property was in a dangerous condition,unless the evidence also shows that the persons involved in the other accidents were exercising due care at the time the accidents occurred. (c)The fact that action was taken after an injury occurred to protect against a condition of public property is not evidence that the public property was in a dangerous condition at the time of the injury. SEC. 4. Section 830.6 of the Government Code is amended to read: 830.6. Neither a public entity nor a public employee is liable under this chapter for an injury caused by the plan or design of a construction of, or an,improvement to,public property, including a plan or design which is applicable during construction, reconstruction, modification, or maintenance,where the plan or design has been approved in advance of the construction or improvement by the legislative body of the public entity or by some other body or employee exercising,discretionary authority to give that approval or where that plan or design is prepared in conformity with standards previously so approved, if the trial or appellate court determines that there is any substantial evidence upon the basis of which a reasonable publics employee could have adopted the plan or design or the standards therefor or a reasonable legislative body or other body or employee could have approved the plan or design or the standards therefor. The reasonableness of the approval of that plan or design shall be determined as of the date it was approved. The immunity provided in this section shall continue notwithstanding notice to the public entity of changed conditions of the property or its use, if the trial or appellate court determines that there is any substantial evidence upon the basis of which a reasonable public employee could still adopt the plan or design or the standards therefor or a reasonable legislative body or other body or employee could still approve the plan or design or the standards therefor. If there is no such substantial evidence, the immunity provided by this section shall continue for a reasonableperiod of time sufficient to permit the public entity to obtain funds for and carry out remedial work necessary to allow such public property to be in conformity with a plan or design approved by the legislative body of the public entity or other body or employee, or with a plan or design in conformity with a standard previously approved by such legislative'body or other body or employee. In the event that the public entity is unable to remedy such public property because of practical impossibility or lack of sufficient funds, the immunity provided by this section shall remain so long as such public entity shall reasonably attempt to provide adequate warnings of the existence of the condition not conforming to the approved plan or design or to the approved standard. However, where a person fails to heed such warning or occupies public property despite such warning, such failure or occupation shall not in itself constitute an assumption of the risk of the danger indicated by the warning. SEC. 5. Section 947 is added to the Government Code,to read: 947. (a) In an action for personal injury,property damage, or wrongful death, a public entity may elect to introduce evidence of any amount payable as a benefit to the plaintiff as a result of the injury or death pursuant to the United States Social Security Act(42 U.S.C. Sec. 301 et seq.), any state or federal income disability or workers'compensation act, any health, sickness or income disability insurance,accident insurance that provides health benefits or income disability coverage, life insurance, insurance which provides coverage for property damage or loss, or any contract or agreement of any group, organization,partnership, or corporation to provide,pay for, http://www.sen.ca.gov/htbin/ca-httnl?GOPHER ROOT2:[BILL.CURRENT.AB.FROM2000.AE4/23/98!URRVI AB2095 Page 4 of 4 or reimburse the cost of medical,hospital, dental, or other health care services,or the loss of income or economic support resulting from the injury or death. (b) Where the defendant elects to introduce such evidence,the plaintiff may introduce evidence of any amount which the plaintiff has paid or contributed to secure his or her right to any insurance benefits concerning which the defendant has introduced evidence. shall Eeeevef any affteunt against the pla.+ntl#f neF shall it be suer ga-ted- Ile the Eights 94 the plaintiff against a defendan SEC. 6. Section 947.2 is added to the Government Code,to read: 947.2. (a)In any action for injury,property damage, or wrongful death against a public entity, the plaintiff shall be entitled to recover noneconomic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, loss of society and comfort, and any other nonpecuniary damage. (b)In no action shall the amount of damages for noneconomic losses exceed two hundred fifty thousand dollars($250,000). SEC. 7. Section 951 is added to the Government Code,to read: 951. (a)In an action for personal injury,property damage,or wrongful death,a public employee may elect to introduce evidence of any amount payable as a benefit to the plaintiff as a result of the injury or death pursuant to the United States Social Security Act(42 U.S.C. Sec. 301 et seq.), any state or federal income disability or worker's compensation act, any health, sickness or income disability insurance,accident insurance that provides health benefits or income disability coverage,life insurance, insurance which provides coverage for property damage or loss, or any contract or agreement of any group, organization,partnership, or corporation to provide, pay for, or reimburse the cost of medical, hospital, dental,or other health care services,or the loss of income or economic support resulting from the injury or death. (b) Where the defendant elects to introduce such evidence,the plaintiff may introduce evidence of any amount which the plaintiff has paid or contributed to secure his or her right to any insurance benefits concerning which the defendant has introduced evidence. (c)No source of collateral benefits introduced pursuant to subdivision(a) shall recover any amount against the plaintiff nor shall it be subrogated to the rights of the plaintiff against a defendant.% Senate Home Pale M Search Bill Text Senate Rules Committee/California State Senate/WebMaster@sen.ea.gov http://www.sen.ca.gov/htbin/ca-html?GOPHER ROOT2:[BILL.CURRENT.AB.FROM200O.AE4/23/98'URRVI AB 2354 Assembly Bill-AMENDED Page I of 3 BILL NUMBER: AS 2354 AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 15, 1998 INTRODUCED BY Assembly Member Olberg FEBRUARY 20, 1998 An act to amend Section 66006 of the Government Code, relating to development. LEGISLATIVE COUNSEL'S DIGEST AB 2354, as amended, Olberg. Development: fees. Existing law requires a local agency that charges fees in connection with a development project to deposit the fees for the improvement in a separate capital facilities account or fund to avoid the commingling of these fees with other revenues and funds of the local agency, except for temporary investments, and to expend these fees solely for the purpose for which the fees were collected. Any interest income earned by these moneys is required to be deposited in the same account and used for the same purposes. Existing law also requires that, for each separate account or fund established unifier these provisions, the local agency shall make available to the public specified information relating to the fee, interest, other income, expenditures, and refunds occurring during the fiscal year and review the information made available to the public at the local agency's next regularly scheduled public meeting. This bill would make subject to these provisions any fee collected in connection with a development agreement between a city, county, or city and county and any person having a legal or equitable interest in real property. This bill, by requiring additional duties of local agencies, would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated;local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 66006 of the Government Code is amended to read: 66006. (a) If a local agency requires the payment of a fee specified in subdivision (c) in connection with the approval of a development project, the local agency receiving the fee shall deposit it with the other fees for the improvement in a separate capital facilities account or fund in a manner to avoid any commingling of the fees with other revenues and funds of the local agency, except for temporary investments, and expend those fees solely for the purpose for which the fee was collected. Any interest income earned by moneys in the capital facilities account or fund shall also be deposited in that account or fund and shall be expended only for the purpose for which the fee was originally collected. (b) (1) For each separate account or fund established pursuant to subdivision (a), the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the following information for the fiscal year: (A) A brief description of the type of fee in the account or fund. (B) The amount of the fee. (C) The beginning and ending balance of the account or fund. (D) The amount of the fees collected and the interest earned. (E) An identification of each public improvement on which fees hUp://www.loginfo.ca.gov1pub/bill/asm/ab_2351-2400/ab 2354_bil# 980415_wnended_asm.html 4122/99 AB 2354 Assembly Bill-AMENDED Page 2 of 2 were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. (F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete. (G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan. (H) The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocations pursuant to subdivision (f) of Section 66001. (2) The local agency shall review the information made available to_the public pursuant to paragraph (1) at the next regularly scheduled public meeting not less than 15 days after this information is made available to the public, as required by this subdivision. Notice of the gime and place of the meeting, including the address where this information may be reviewed, shall be mailed, at least 15 days prior to the meeting, to any interested party who files a written request with the local agency for mailed notice of the meeting. Any written request for mailed notices shall be valid for one year from the date on which it is filed unless a renewal request is filed. Renewal requests for mailed notices shall be filed on or before April 1 of each year. The legislative body may establish a reasonable annual charge for sending notices based on the estimated cost of providing the service. (c) For purposes of this section, "fee" means all any of the following: (1) A fee imposed to provide for an improvement to be constructed to serve a development project. (2) A fee for public improvements within the meaning of subdivision (b) of Section 66000, or that is imposed by the local agency as a condition of approving the development project. (3) A fee collected under a development agreement adopted pursuant to Article 2.5 (commencing with Section 65864) of Chapter 4. (d) Any person may request an audit of any local agency fee or charge that is subject to Section 66023, including fees or charges of school districts, in accordance with that section. (e) The Legislature finds and declares that untimely or improper allocation of development fees hinders economic growth and is, therefore, a matter of statewide interest and concern. It is, therefore, the intent of the Legislature that this section shall supersede all conflicting local laws and shall apply in charter cities. (f) At the time the local agency imposes a fee for public improvements on;a specific development project, it shall identify the public improvement that the fee will be used to finance. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution. http://www.leginfo.ca.gov/pub/bill/asm/ab 2351-2400/ab 2354 bill_980415_amended_asm.html 4/22/98 AB 2488 Assembly Bill-AMENDED Page 1 of 2 BILL NUMBER: AS 24$6 AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 15, 1998 INTRODUCED BY Assembly Member Cardoza FEBRUARY 20, 1996 An act to add Chapter 4.95 (commencing with Section 65999.3) to Division 1 of Title 7 of the Government Code, relating to land use. LEGISLATIVE COUNSEL'S DIGEST AS 2466, as amended, Cardoza. Land use. Existing law authorizes public agencies to impose conditions including certain fees for the issuance of permits, approvals, and entitlements for development projects and other uses of real property. This bill would provide that, notwithstanding any other provision of law, as a condition of granting any permit, approval, or entitlement, or providing any other public benefit, no public agency, as defined, shall impose any obligation or require any action, dedication, or exaction from any person unless the obligation, action, dedication, or exaction is feasible, roughly proportional in extent to the resulting impacts on public resources or burdens assumed by the agency or the public, and the least burdensome alternative meeting the 2 previous factors. 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, Chapter 4.95 (commencing with Section 65999.3) is added to Division 1 of Title 7 of the Government Code, to read: CHAPTER 4.95. LAND USE CONDITIONS 65999.3. The Legislature finds and declares that -, ae-a eendition to groatiRg peaFmitey gp _le tit c r burdens that would be asswaeel s.. the permit, efttitleaeftt, er benefit is granted- � edelibio a, the or eha ptey Th ehapter is Rat d d this chapter is not intended to, and does not, add to any existing authority of public agencies to issue permits, grant public benefits, or require any action as a condition of those permits or benefits. 65999.4. It is further declared to be the policy of the Legislature that every public agency shall interpret and use its authorities under all other laws in furtherance of the intent of this chapter. 65999.5. As used in this chapter. (a) "Exaction" does not include any fee adopted pursuant to Chapter 5 (commencing with Section 66000). (b) "Feasible" means capable of beifig accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors. — b) (c) "Least burdensome alternative available" means the http://www.leginfo-ca.gov/publbill/asm/ab_2451-2500/ab 2488_bill_980415_amended–asm.htznl 4/22/98 _._.. ........ ........................................................................ ...................................................................................................... . ......................................................................................................... AB 2488 Assembly Bill-AMENDED Page 2 of 2 condition or set of conditions, among those identified, that is the least costly or oppressive for the person seeking the permit, approval, or benefit. ---(e) (d) "Permit," "approval," "entitlement," or "benefit" includes but is not limited to any quasi-adjudicatory or quasi-legislative permit, approval, lease, license, certificate, grant, plan amendment, rule amendment, or zoning change for one or more specific projects (d) (e) "Public agency" means any state agency, board, commission, county, city and county, city, regional agency, public district, redevelopment agency, or other political subdivision of the state. --(e) (f) "Roughly proportional in extent" means equal or reasonably comparable in level, measure, or degree. 65999.6. This chapter defines the authority of all public agencies to impose conditions upon the granting of any permit, approval, or entitlement, or the direct or indirect conferral of a public benefit, upon any person. 65999.7. Notwithstanding any other provision of law, as a condition of granting any permit, approval, or entitlement, or providing any other public benefit, no public agency shall impose any obligation or require any action, dedication, or exaction from any person seeking that permit, approval, entitlement, or benefit, unless the obligation, action, dedication, or exaction is all of the following: (a) Feasible. (b) Roughly proportional in extent to th6 impacts on public resources that would result, or the burdens that would be assumed by the agency or the public, if the permit, entitlement, or benefit is granted. (c) The least burdensome alternative available that meets the criteria of subdivisions (a) and (b). 65999.8. The provisions of this chapter apply to all public agencies to the extent specified in this chapter, except where application of this chapter would directly conflict with federal law. http:/Iwww.leginfo.c&govlpub/bill/asm/Ab 2451-2504Jab 2488_bill 980415_wnended_asm,html 4/22/98 x Recorihmendations for Positions on Transportation Related Legislation April 21, 1998 Page 2 FISCAL IMPACT None directly to the General Fund. AB 930 (Thompson) would retain restriction on eligibility to apply for Caltrans' bicycle funds, AB 2095 would limit financial losses from lawsuits, AB 2354 (01berg) and AB 2488 (Cardoza) reduce the flexibility to assess fees on new development. BACKGROUND/REASONS FOR RECOMMENDATIONS ACA 30 (Murray): Assembly Constitution Amendment 30 is intended to limit the Governor's ability to borrow funds from the State Highway Account without paying it back, thus maintaining the trust fund status of the State Highway Account. ACA 30;also contains provisions allowing the borrowing of funds beyond the same fiscal year, if and when the state is in a fiscal emergency. Transportation Committee recommendation: Support. AB 930 (Thomson): This bill proposes several amendments to the statutes governing the Bicycle Lane Account, including: renaming the account to the Bicycle Transportation Account, revising regulations governing reflectors on bicycles, and revising regulations for traffic-actuated traffic signals to accommodate bicyclists. As part of the County's legislative program, the County has sought revisions to existing law to allow bicycle transportation planning requirements for the Bicycle Lane Account to be met through a City or County General Plan. The bill's primary sponsor, the California Association of Bicycle Organizations, supports the County's proposal but does not want to amend AB 930 any further. Failure to amend the legislation this year will prevent jurisdictions, such as the County, who have bicycle-related provisions in their General Plan, but who do not have adopted bicycle transportation plans as specified by the existing statute, from applying for a Bicycle Lane Account grant in 1999. Transportation Committee recommendation: Neutral. AB1624 (,Figueroa.): This bill would repeal the existing prohibition against high:-occupancy vehicle (HOV) lanes in Alameda County and enable construction of the carpool lanes on 1-680 over the Sunol Grade as proposed by the Alameda County Congestion Management Agency. In the 1980's, controversy arose over a requirement for"buffer"lanes between mixed'-flow and HOV lanes proposed for State Route 580 in Alameda County. As a result, both state and federal laws were enacted prohibiting the development of HOV lanes on any highway in the unincorporated area of Alameda County. During the ensuing years, the growth of job opportunities in Santa Clara County, and the availability of moderately priced housing in Contra Costa and Alameda counties, have caused commute traffic to increase dramatically on Interstate 680 which connects these areas with Santa Clara County. According to an independent engineering study, average speeds on the 1-680 corridor, including the segment on Sunol Grade, declined from 52.2 miles per hour at 5:15 a.m. to 18 miles per hour within half an hour. During the four-hour morning peak-hour commute period, speeds average 25.5 miles per hour. At the same time, the average number of passengers per vehicle traveling in the corridor is about 20% higher than the county-wide average, indicating a high potential for potential use of the HOV lanes. A broad coalition of local government agencies and business entities now supports the repeal of the prohibition against HOV lanes, and is seeking funding through the state transportation improvement program to construct these lanes. This bill would help accomplish that objective. Transportation Committee recommendation: Support. Assembly Bill 2010 (Leach/R i ev): This bill would require the California Department of Transportation to prepare a study to determine the cost of constructing a fourth bore for the Caldecott tunnel on State Route 24 between Alameda and Contra Costa County. The study would be reported to the Legislature by December 31, 1999. As peak hour traffic has increased on State Route 24 causing congestion at the Caldecott Tunnel, there has been increasing interest in investigating the possible construction of a fourth bore. Recent reports have indicated that the cost of tunneling may be lower than previously estimated. Currently the three tunnels accommodate six lanes, with the central bore being operated in the peak direction. This bill would subject the issue of a fourth bore to further analysis. Transportation Committee recommendation: Support. ...............................................................................................................................- ..................................................-......- CIA TO: BOARD OF SUPERVISORS Contra FROM: TRANSPORTATION COMMITTEE Costa County DATE: April 21, 1998 SUBJECT: Recommendations for Positions on Transportation Related Legislation SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMEN12ATIONS ADOPT the following positions on transportation related legislation: Support ACA 30 (Murray) Transportation Funding Neutral AB 930 (Thomson) Bicycle Facility Funding Support AB 1624 (Figueroa) High Occupancy Vehicle Lanes Support AB 2010 (Leach) Caldecott Tunnel Support AB 2095 (Ackerman) Government Tort Liability Oppose AB 2354 (Olberg) Development Fees Oppose AB 2488 (Cardoza) Land Use CONTINUED ON ATTACHMENT: YES_ SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR _X_ RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S)- jr Donne Gw-�WF anclarnifla, Chair ACTION OF BOARD ON /APRIL 28, 1998 APPROVED AS RECOMMENDED x OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ASSENT TRUE AND CORRECT COPY OF AN AYES:11,11 14-1v&,VNOES..� ACTION TAKEN AND ENTERED ON THE ASSENT:. ABSTAIN-.I MINUTES Of THE BOARD OF SUPERVISORS ON THE DATE SHOWN. -A&I Contact Person, Steven Goetz, 335-1240 ATTESTED Orig: Community Development Director PHIL BA*HELOR, CCERK- OF Public Works Director THE BOARD.OF SUPERVISORS Public Works, T.E. AND COUNTY ADMINISTRATOR County Administrator County Counsel Community Development, TPD DEPUTY Smith & Kempton SLG:cAtranscom\bil1s.bo t Recommendations for Positions on Transportation Related Legislation April 21, 1998 Page 2 FISCAL IMPACT None directly to the GeneralFund. AB 930 (Thompson) would retain restriction on eligibility to apply for Caltrans' bicycle funds, AB 2095 would limit financial losses from lawsuits, AB 2354 (Olberg) and AB 2488 (Cardoza) reduce the flexibility to assess fees on new development. BACKGROUND/ "A' O S FQR RECOMMENDATIONS ACA 30 (Murray}: Assembly Constitution Amendment 30 is intended to limit the Governor's ability to borrow funds from the State Highway Account without paying it back, thus maintaining the trust fund status of the State Highway Account. ACA 30 also contains provisions allowing the borrowing of funds beyond the same fiscal year, if;and when the state is in a fiscal emergency. Transportation Committee recommendation: Support. AB 930 (Thomson): This bill proposes several amendments to the statutes governing the Bicycle Lane Account, including: renaming the account to the Bicycle Transportation Account, revising regulations governing reflectors on bicycles, and revising regulations for traffic-actuated traffic signals to accommodate bicyclists.As part of the County's legislative program, the County has sought revisions to existing law to allow bicycle transportation planning requirements for the Bicycle Lane Account to be met through a City or County General Pian. The bill's primary sponsor, the California Association of Bicycle Organizations, supports the County's proposal but does not want to amend AB 930 any further. Failure to amend the legislation this year will prevent jurisdictions, such as the County, who have bicycle-related provisions in their General Plan, but who do not have adopted bicycle transportation plans as specified by the existing statute, from applying for a Bicycle Lane Account grant in 1999. Transportation Committee recommendation: Neutral. Bpi I624 (Figueroa): This bill would repeal the existing prohibition against high-occupancy vehicle (HOV) lanes in Alameda County and enable construction of the carpool lanes on 1-680 over the Sunol Grade as proposed by the Alameda County Congestion Management Agency-. In the 1980's, controversy arose over a requirement for"buffer" lanes between mixed-flow and HOV lanes proposed for State Route 580 in Alameda County. As a result, both state and federal laws were enacted prohibiting the development of HOV lanes on any highway in the unincorporated area of Alameda County. During the ensuing years, the growth of job opportunities in Santa Clara County, and the availability of moderately priced housing in Contra Costa and Alameda counties, have caused commute traffic to increase dramatically on Interstate 680 which connects these areas with Santa Clara County. According to an independent engineering study, average speeds on the 1-680 corridor, including the segment on Sunol Grade, declined from 52.2 miles per hour at 5:15 a.m. to 18 miles per hour within half an hour. During the four-hour morning peak-hour commute period, speeds average 25.5 miles per hour. At the same time, the average number of passengers per vehicle traveling in the corridor is about 20% higher than the countywide average, indicating a high potential for potential use of the HOV lanes. A broad coalition of local government agencies and business entities now supports the repeal of the prohibition against HOV lanes, and is seeking funding through the state transportation improvement program to construct these lanes. This bill would help accomplish that objective. Transportation Committee recommendation: Support. Assembly Bill 2010 (LeachfRainMa: This bili would require the California Department of Transportation to prepare a study to determine the cost of constructing a fourth bore for the Caldecott tunnel on State Route 24 between Alameda and Contra Costa County. The study would be reported to the Legislature by December 31, '1999. As peak hour traffic has increased on State Route 24 causing congestion at the Celdecott Tunnel, there has been increasing interest in investigating the possible construction of a fourth bare. Recent reports have indicated that the cost of tunneling may be lower than previously estimated. Currently the three tunnels accommodate six lanes, with the central bore being operated in the peak direction. This bill would subject the issue of a fourth bore to further analysis. Transportation Committee recommendation: Support. I'll..''.,...................................................................................................... ............................................. Recommendations for Positions on Transportation Related Legislation April 21, 1998 Page 3 BACKGgOUNpLUASONS FOR RECOMMENDATIONS (continued) Assembly Bill 2095 (Ackgrrna . This bill proposes five key reforms to government tort liability: 1 Currently, economic damage for personal injuries is joint and several. The County could be found only 1% at fault, but may have to pay the entire damage, which, quite often, is in the millions of dollars. This bill will make government liability comparative. 2. This bill will allow government agencies to introduce as evidence, the amount of settlement and/or insurance benefits that the plaintiff has already received. 3. This bill will allow design immunity to continue notwithstanding notice to the public entity of changed conditions of the property or its use, if the court determines that a reasonable public employee could still adopt the plan or design. 4. This bill will provide that other accidents under similar circumstances at the same or a similar location are not evidence that public property was in a dangerous condition unless the evidence shows that the persons involved in the other accidents were exercising due care. 5. The bill will delete any provisions in the law that will void a construction contract, if it relieves the public entity for its active negligence. Transportation Committee recommendation: Support. Assp,mbly Bill 2354 (Olberg): This bill would extend the requirements relating to the collection and accounting for developer fees to jurisdictions collecting fees as part of a development agreement. Existing law requires that a local agency that charges fees in connection with development to deposit the fees in a separate account to avoid commingling of the fees with other local agency funds or revenue and to expend the fees solely for the purpose for which they were collected. Existing law also requires the local agency to make an annual report for each separate account or fund established per Section 66006 of the Government Code. Existing law also allows local government wide latitude in negotiating Development Agreements which lack in development approvals in exchange for valuable consideration. Current statutory and case law provisions contain fine restrictions on the nature and scope of such negotiated agreements. The Transportation Committee recommends opposing this bill. Specific requirements relating to a fee collected as part of a development agreement should be contained within the agreement. Legislating these requirements would be contrary to the nature of an agreement and takes away flexibility from the local agency to fund infrastructure improvements necessary to serve development. Transportation Committee recommendation: Oppose. Assembly Bill 2488 (Cardoza): This bill would further restrict the ability of local agencies to impose conditions for the issuance of permits, approvals or entitlements for development projects. Existing laws authorize public agencies to impose conditions of approval, including fees, on development projects. The conditions must be in accordance with ordinances and plans adopted by the local agency as well as with state and federal law. This bill would provide that no public agency will impose any obligation or require any action, dedication or exaction unless it is feasible roughly proportional in extent to the resulting impacts on public resources, and the least burdensome alternative that meets these requirements of feasibility and rough proportionality. This would potentially put a greater burden on the local agency. If a condition is proposed that is consistent with a local plan or ordinance, such as the provision for frontage improvements or collect and convey, but is considered infeasible or burdensome for the applicant to comply, it becomes the local agency's and therefore, the public's, responsibility to satisfy the requirement. The least burdensome alternative may also be the least effective in carrying out the public purpose of the exaction on condition of project approval. Transportation Committee recommendation: Oppose. Recommendations for Positions on Transportation Related Legislation April 21, 1998 Page 3 BACKGROUND/REASONS FOR RECOMMENDATIONS [continued} Assembly Bill 2095 lAckerman): This bill proposes five key reforms to government tort liability: 1. Currently, economic damage for personal injuries is joint and several. The County could be found only 1% at fault, but may have to pay the entire damage, which, quite often, is in the millions of dollars. This bill will make government liability comparative. 2. This bill will allow government agencies to introduce as evidence, the amount of settlement and/or insurance benefits that the plaintiff has already received. 3. This bill will allow design immunity to continue notwithstanding notice to the public entity of changed conditions of the property or its use, if the court determines that a reasonable public employee could still adopt the plan or design. 4. This bill will provide that other accidents under similar circumstances at the same or a similar location are not evidence that public property was in a dangerous condition unless the evidence shows that the persons involved in the other accidents were exercising due care. 5. The bill will delete any provisions in the law that will void a construction contract, if it relieves the public entity for its active negligence. Transportation Committee recommendation: Support. Assembly Bill 2354 4Olberal: This bill would extend the requirements relating to the collection and accounting for developer fees to jurisdictions collecting fees as part of a development agreement. Existing law requires that a local agency that charges fees in connection with development to deposit the fees in a separate account to avoid commingling of the fees with other local agency funds or revenue and to expend the fees solely for the purpose for which they were collected. Existing law also requires the local agency to make an annual report for each separate account or fund established per Section 66006 of the Government Code. Existing law also allows local';government wide latitude in negotiating Development Agreements which lack in development approvals in exchange for valuable consideration. Current statutory and case law provisions contain fine restrictions on the nature and scope of such negotiated'agreements. The Transportation Committee recommends opposing this bill. Specific requirements relating to a fee collected as part of a development agreement should be contained within the agreement. Legislating these;requirements would be contrary to the nature of an agreement and takes away flexibility from the local agency to fund infrastructure improvements necessary to serve development. Transportation Committee recommendation: Oppose. Assembly Bill 248$ fCardoza): This bill would further restrict the ability of local agencies to impose conditions for the issuance of permits, approvals or entitlements for development projects. Existing laws authorize public agencies to impose conditions of approval, including fees, on development projects. The conditions must be in accordance with ordinances and plans adopted by the local agency as well as with state and federal law. This bill would provide that no public agency will impose any obligation or require any action, dedication or exaction unless it is feasible roughly proportional in extent to the resulting impacts on public resources, and the least burdensome alternative that meets these requirements of feasibility and rough proportionality. This would potentially put a greater burden on the local agency. If a condition is proposed that is consistent with a local plan or ordinance, such as the provision for frontage improvements or collect and convey, but is considered infeasible or burdensome for the applicant to comply, it becomes the local agency's and therefore, the public's, responsibility to satisfy the requirement. The least burdensome alternative may also be the least effective in carrying out the public purpose of the exaction on condition of project approval. Transportation Committee recommendation: Oppose. ..... ..... .... AMENDED IN ASSEMBLY MARCH 26, 1998 CALIFORNIA LEGISLATURE-199','-88 REGULAR SESSION Assembly Constitutional Amendment No. 30 Introduced by Assembly Member Murray (Principal coauthor: Assembly Member Brewer) (Principal coauthor: Senator .Kapp) -( es+ y Me be Battin, G salid }r} (Coauthors: Assembly Members Alqur'st, :Ashburn, 8'acsy Batten, Cunneen, Granlund, Kuehl, heath, hempen, Machado, McClintock, Morrow, Olberg 011er, �'apan, Perata, Fooch g7an, Runner, Scott, Thomson, Torlakson, Vincent, Washington, and i gyne) (Coauthors: Senators McPherson and Watson) February 4, 1998 Assembly Constitutional Amendment No. 30--A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amen Seems 6 !;repealing and adding Section Sof Article XIX thereof, and by adding Article XIX A thereto, relating to transportation. LEGISLATIVE COUNSEL'S DIGEST ACA 30, as amended, Murray. Transportation: funding. (1) The California Constitution requiresthe revenues from taxes imposed by the state on motor vehicle fuels for use in motor vehicles upon public streets and highways, over and above the costs of collection and refunds authorized by law, 98 ACA 30 — 2 — to 2 — to be used for public streets and highways and exclusive public mass transit guideways purposes, as specified. Revenues from fees and taxes imposed by the state upon vehicles or their use or operation, over and above the costs of collection and any refunds authorized by law, are required to be used for those purposes and the administration and enforcement of laws regulating the use, operation, or registration of vehicles used upon the public streets and highways. The California Constitution authorizes the revenues specified above to be temporarily loaned to the State General Fund upon condition that amounts loaned be repaid to the funds from which they were borrowed. These piei- o els not epply to fees er temes imposed ptemant to Ote fides ead Use Tim Law, or amendtmnts or a4ditietts made to these st .rr This measure would reeve # instead, authorize the loan be made on the eerie en or transfer of the specified revenues only if a condition is imposed requirnlg that repayment of any loan e f the speed revenues to the ate Gen Pund is to or transfer be made in full; emelt to the fund from which it was borrowed (a) during the same fiscal year in which the revenues are were loaned; ineludift e lei COAM the des impesed giant to the gam md Uee T-&* IAw or transferred, or (b) within 3 fiscal years from the t , date on which the loan or transfer was made, and the Governor has proclaimed a state fiscal emergency, or the projected aggregate amount of General Fund revenues for the current fiscal year is 1095 or more below the aggregate amountofGeneral Fund revenuesfor the previousBsc l year. (2) Existing law designates the .Public Transportation e Account in the State Transportation Fund a trust fund and requires that the funds in the account be available, when appropriated by the Legislature, only for transportation planning and mass transportation purposes, as specified by the Legislature. This measure would authorize the loan or transfer of funds in the account to be leemed e if the leem is maw en the `eVQ Ow+ only if the amount loaned or transferred is repaid in full;with kt#ei ;to the account (a) during the sante fiscal year in which the funds are were loaned or transferred, 98 t i -- 3 — ACA. 30 or (b) unthin 3 fiscal years from the date on which the loan or a public transfer was made, and the Governor has proclaimed a state :es from ' heir use . "fiscal emergency, or the projected aggregate arnount of find any General Find revenues for the current fiscal year is 10% or r those more below the ag'gr'egate a�rnorrnnt of General Fund revenues of laves for the previous kcal year. les used (3) Existing law authorizes a county board of supervisors to establish a local transportation�d in the county treasury for :venues deposit of certain revenues derived from local sales and use General taxes unposed under the Bradley-Burns Uniform Local Sales I to the ! and Use Tax Law. The money in the fundis required to be used for specified local transportation purposes. Mpesed This measure would designate alllocal transportation funds e as trust funds and would prohibit a local transportation fund teffts created pursuant to law from being abolished I.ze the The measure would require that .money in a local Tec.fired transportation fund be allocated only for the purposes ng that authorized under specified provisions relating to funding of vie SWe local transportation, as those provisions existed on October 1, ,,,_,,,,, 1998. The measure would prohibit both the county and the " " Legislature from authorizing the expenditure of any of the .ie soros W money in a local transportation fund for any purposes other than those specified above. corn the _ The.measure would authorize the money in the fund,to be and the , ' leaned or transferred only if the leem"i wAde on the condition or the is r`rnposed that the amount loaned or transferred is to be sues for rep �interest,aid in fell;wto the fund during the same fiscal gregate year in which the funds are were loaned or transferred. 7alyear. 'dote. /3. Appropriation: no. Fiscal committee: yes. ortation State-mandated local program: no. State 1 Resolved by the Assembly, the Sete concurring, That ie ids 2 the Legislature of the State of California at its 1997-98 by the 3 Regular Session commencing on the second day of we. d mass 4 December 1996, two-thirds of the membership of each a funds 5 house concurring, hereby proposes to the people of the 6 State of California that the Constitution of the State be on e 7 amended as follows: ♦ b erred i3 ( 8 First / v.,o t geed f of A!rt4e}e Kir i9amended he same 9 to sferred, 9s 98 AGA 30 — 4 - 1 - 4 - 1 See: 6 s artiele lees net prem the elesignated .a 2 to&rcveettes from being temp leek to the S 3 Gets Fund if both of the feRewin reqtmemeats are 4 as eeadWe for the making of the 5 ja - huts lead are to be repaid to the fps frem 6' whieh Ote�x were borrowed; with interest at the rate 7 eee g to meneys iffax the Peeled 114e lwoestmeftt 8 r iapghmaq ; er amy -____-_-_ to that tteeeeft dering the 9 period of Nie Owt the t9 leamd: 10 The repute deserii.bed in s iert {-a} is to 11 be made in fa4 dwin the fseeA year i t whieh the 12 reymmes are teemed. 13 Seeea ,A-€hat Seetiee -7 of Adele MX thereef is 14 ameedeel te► 15 See: !; Eftept for Sem S; arNele does fiet 16 a&et er apply to trees iviVesed stmt to the Sales and 17 Uee' ;wi4 eA amend aed was made to 18 19 {* =} .s arKele epees eek a#feeor Vp to feee or des 20 kvtpesed, .9i_janA te Ote WAele bieeme Fee Law, and - 21 arm addil4eits resole 116--w diet staWte: _ . 22 First--That Section 6 ofArticle XI.X`thereofis repealed. 23 SEG. 6� This ert4ele sheA ee€ preyed the degigmted 24 tam _-. e__u_sIM.-im being temperarily lemed to the State 25 General Ftmd upon eeeditieft Owt ametmts leaned be , 26 repaid ti e fomes frem whieh fitey were berrewed: 27 Second—ThatSectron 6isaddedtoArtrcleAMbereof, 28 to read.. 29 Sec. 6. The tax revenues designated under this article 30 may be loaned or transferred only if one of the following 31 conditions is imposed.- 32 (a) That any amount loaned or transferred is to be 33 repaid in full to the fund from which it was borrowed 34 during the same fiscal year in which the loan or transfer 35 was made. 36 (b) That any amount loaned or transferred is to be 37 repaid in full to the fund from which it was borrowed 38 tivrtAin three Bscal years from the date on w ich the loan 39 or transfer was made and one of the following has 40 occurred: : 98 - 5 — ACA 30 z 1 (1) The Governor has proclaimed a state fiscal 3. SWte 2 emergency. its are 3 (2) The projected aggregate amount of General Fund 4 revenues for the current fiscal year is lopercent or more g&eM 5 below the aggregate amount of General fund revenues e rf&e 6 for the previous fiscal year. 7 Third—That Article XIX A is added thereto, to read. tg the 8 9 ARTICLE XIX A t}49 to 10 TWEm a x;er�r-�nm A rnrr►�Y he 11 AND DEVE 4T AGGOUNT Qa LOGAL 12 LOANS OR TRANSFERS.FROM THE PUBLIC Is 13 TRANSPOBTA TION ACCOUNT OB LOCAL 14 TRANSPORTATION FUNDS yes 15 es 16 � SECTION 1. The funds in the ' ieig + e to 1714amtia end eent .Public Transportation 8 Account in the State Transportation Fund, or any r Wmes 19 successor to that account, � be leepered both of t kents are kese ea f pealed. 22 -(a ts ieemed are is be 23 �. �+' �e �e s em¢}�� y � yd Delve� �f'..the �, ee L.._..est LCT the rate �ZZg i7�7 s in Z'h Peeled �5e � � � 24 � �,�-.. Wd be 25 Mem Investmeitt Aee er a to the 26 Peeled Memy In-veitment Aeeedur4ng the period e€ 'iereof, 27 Ome tha+ the mem Is lei; 28 The repayme � in sel �e {- - is o article 29 he �e in d�the fises4 -- the fiftmb !owing 30 are lemed. 31 SEG: $: The mmey in e leeeA fima to be 32 estftbll tmder. Seems 38 of the Go-verroftent rowed 33 er erly to th*t stele;mmy he lamed erAy ansfer 34 if lir of therequit-emembs are k esed as 35 ee fey of the teem-, to be 36 -{ } Affletmte leemed are to he rePaid to to leeal rowed 37 tFftmpeiW40" fimd; %4th des at the rate aeerdiftg to to loan 38 in the Pee4eda .. _.. L ep5t Ig has 39 meeesser to that stew ;dig the pew of thet 40 the finids are leaned: 98 98 .... z ACA 30 — 6 - 1 6 --1 fb� The repwyme e D stibdivigim J* is to 2 be made in fi& dtt g #hefiseal yetw in whieh thefi s 3 we leaned.may be loaned or transferred onlyifone ofthe 4 following conditions is imposed.- 5 (a) That any amount loaned or transferred is to be 6 repaid in full to the account during the same fiscal year 7 in which the loan or transfer was made. 8 (b) That any amount loaned or transferred is to be , 9 repaid in frill'to the account within three Bwal years from 10 the date on which the loan or transfer was made and one 11 of the following has occurred.- 12 (1) The Governor has proclaimed a state fiscal 13 emergency. 14 (2) The projected aggregate amount of General Fund 15 revenues for the current fiscal year is 10 percent or more 16 below the aggregate amount of General.Fund revenues 17 for the previous fiscal year. 18 SEC. 2. (a) As used in this section, a "local 19 transportation fund" is a fund created tinder Section 20 29530 of the Government Code, or any successor to that . 21 statute. 22 (b) All local transportation funds are hereby 23 designated trust funds 24 (c) A local transportation fund that has been created 25 pursuant to law may not be abolished 26 - (d) Money in a local transportation fund shall be 27 allocated only for the purposes authorized under Article 28 11 (commencibg with ,,Section 29530) of Chapter 2 of 29 Division 3 of Title 3 ofthe Go vernmen t Code and Chapter 30 4 (commencing with Section 99200) ofPart 11 ofDivision 31 10 of the Public utilities Code, as those provisions existed 32 on October 1, 1998. .Neither the county nor the 33 Legislature may authorize the expenditure of money in 1 34 a local transportation fund for purposes other than those jll 35 specified in this subdivision. 36 (e) The money in a local transportation fund may be 37 loaned or transferred onlyif the condition.isimposed that 38 any amount loaned or transferred is to be repaid in full to S 9s } "7 — ACA 30 3 1 the local transportation fund during the same ascal year the fid 2 in which the money was loaned or transferred one ofthe I is to be fiscal year Iistobe ,ears from e and one 2te fiscal eral end it orrnore revenues a `local T Section or to that hereby n created shall be er Article pter .2 of l Chapter (Division as existed nor the I money In han those d may be )osed that lin full to O 98 98' AMENDED IN SENATE FEBRUARY 26, 1998 AMENDED IN ASSEMBLY JANUARY 27, 1998 AMENDED IN ASSEMBLY APRIL24, 1997 CALIFORNIA LEGISLATURE--1997 98 REGULAR SESSION ASSEMBLY BILL No. 930 Introduced by Assembly Member Thomson (Coauthor: Senator Johannessn) February 27, 1997 An act to amend Sections 163, 887.4, 892.2, 892.45, 893, 893.fi, and 2108 of the Streets and Highways Code, and to amend Section 21201 of and to add Section 21402' to, the Vehicle Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGEST AB 930, as amended, Thomson. Transportation: Weyele fes : 'Llk-M.1611bicycles. sting (1) Existing law establishes the Bicycle Lane Account in the State Transportation Fund and continuously appropriates the money in the account to the Department of Transportation for expenditure by the department and for transfer to the counties and cities for specified purposes relating to bicycle transportation. This bill would rename the account the Bicycle Transportation Account. (2) A-ktYnglawprohibits a person from operating a ,bicycle on a roadway unless.it is equipped with a red reflector on the 96 .......... .............. AB 930 — 2 — rear that is visible from a distance of5OOfeetto the rear when directly in front of lawful upper beams of headlamps on a motor vehicle. This bill would revise this provision to authorize an amber or yellow reflector or light to be added to the red reflector in order to increase visibibty. (3) ExIstingla wpi-ohibits a person from operatinga bicycle on a roadway unless it is equipped with a white or yellow reflector on each pedal that is visible from the front and rear of the bicycle from a distance of 200 feet. This bill would authorize, in lieu of tins provision, the operator of the bicycle to wear (a) shoes with white or yellow reflective material on the back ofeach shoe thatis visible from the rear ofthe bicycle from a distance of2OO feet, or (b) yeRow or white reflective bands around each ankle, that are visible from the front and rear of the bicycle from a &stance of 200 , feet. (4) Existing , law requires the Department of Transportation, after consultation with local agencies and public hearings, to adopt regulations prescribing uniform standards and specifications for all official traffic control devices that are placed pursuant to the Vehicle Code, This bill, in addition, would require the department, pursuant to these provisions, to adopt regula tions tha t require local agencies, upon routine or periodic inspections, to calibrate or verify the proper calibration of traffic-actuated signals on those devices so that they detect bicycle traffic on the roadway. Because this provision would impose additional responsibilities upon local entities, the bill would impose a sta te-mandated local program (5) 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, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000 This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by 96 - 3 — AB 930 r when the state, reimbursement for those costs shall be made )s on a pursuant to these statutory pro v7sions ''Vote: majority. Appropriation: no. Fiscal committee: yes. amber State-mandated local program: fte yes. -ctor in The people of the State of California do enact as.follows- bicycle yellow 1 SECTION 1. Section 163 of the Streets and Highways id rear 2 Code is amended to read: 3 163. The Legislature, through the enactment of this zn, the 4 section, intends to establish a policy for the use of all yehow 5 transportation funds that are available to the state, le from 6 including the State Highway Account, the Public yellow 7 Transportation Account and federal funds. The visible 8 department and the commission shall prepare fund of 200 . 9 estimates pursuant to Sections 14524 and 14525 of the 10 Government Code based on the following: 7t of 11 (a) Annual expenditures for the administration of the es and 12 department shallbe the same as the most recent Budget niform 13 Act, adjusted for inflation. control 14 (b) Annual expenditures for the maintenance and. 15 operation of the state highway system shall be the same hent, 16 as the most recent Budget Act, adjusted for inflation and equlre 17 inventory. ins, to 18 (c) Annual expenditure for the rehabilitation of the -tuated 19 state highway system shall be the same as the most recent e on 20 Budget Act, or, if a long-range rehabilitation plan has lrtional 21 been.enacted pursuant to Section 164.6, it shall be based pose a 22 on planned expenditures in a long-range rehabilitation 23 plan prepared by the department pursuant to Section ate to 24 164.6. h costs 25 (d) Annual expenditures for local assistance shall be tablish 26 the amount required to fund local assistance programs ng the 27 required by state or federal law or regulations, including, Vsts of 28 but not limited to, railroad grade-crossing maintenance, I other 29 the Bicycle Transportation Account, congestion exceed 30 mitigation and air quality,regional surface transportation 31 programs, local highway bridge replacement and 2 State 32 rehabilitation, local seismic retrofit, local hazard :ted by 96 96 ........................ ................ .............. AB 930 — 4 - 1 elimination and safety, local federal demonstration 2 projects, and local emergency relief. (e) After deducting expenditures for administration, 4 operation, maintenance, local assistance, safety, and 5 rehabilitation pursuant to subdivisions (a), (b), (c), and 6 (d), and for expenditures pursuant to Section 164.56, the 7 remaining funds shall be available for capital 8 improvement projects to be programmed in the state 9 transportation improvement program. 10 SEC. 2. Section 887.4 of the Streets and Highways 11 Code is amended to read: 12 887.4. Prior to December 31 of each year, the 13 department shall prepare and submit an annual report to 14 the Legislature summarizing programs it has undertaken 15 for the development of nonmotorized transportation 16 facilities, including a summary of major and minor 17 projects. The report shall document all state funding for 18 bicycle programs, including funds from the Bicycle 19 Transportation Account, the Transportation Plannimg 20 and Development Account, and the Clean Air 21 Transportation Improvement Act. The report also shall 22 summarize the existing directives received by the 23 department from the Federal Highway Administration 24 concerning the availability of federal funds for the 25 programs, together with an estimate of the fiscal impact 26 of the federal participation in the programs. 27 SEC. 3. Section 892.2 of the Streets and Highways 128 Code is amended to read: 29 892.2. (a) The Bicycle Transportation Account is 30 continued in existence in the State Transportation Fund, 31 and,, notwithstanding Section 13340 of the Government 32 Code, the money in the account is continuously 33 appropriated to the department for expenditure for the 34 purposes specified in Section 892.4. Unexpended moneys 35 shall be retained in the account for use in subsequent 36 fiscal years. 37 (b) Any reference in law or regulation to the Bicycle 38 Lane Account is a reference to the Bicycle 39 Transportation Account. 96 ..... ..... - 5 — AB 930 istration N 1 SEC. 4. Section 892.4 of the Streets and Highways 2 Code is amended to read: ,tration 3 892.4. The department shall allocate and disburse ty, and 4 moneys from the Bicycle Transportation Account (c), and 5 according to the following priorities: 1.56 the 6 (a) To the department, the amounts necessary to . capital 7 administer this article, not to exceed 1 percent of the :.ie state 8 funds expended per year. 9 (b) To counties and cities, for bikeways and related ighways 10 facilities, planning, safety and education, in accordance 11 with Section 891.4. ar, the 12 SEC. 5. Section 893 of the Streets and Highways Code sport to 13 is amended to read: ertaken 14' 893. The department shall disbursethe money from 3rtation j 15 the Bicycle Transportation Account pursuant to Section minor 16 891.4 for projects that improve the safety and ling for 17 ' convenience of bicycle commuters, including, but not Bicycle 18 limited to, any of the following: lanning 19 (a) New bikeways serving major transportation in Air 20 corridors. so shall 21 (b) New bikeways removing travel barriers to by the 22 potential bicycle commuters. 3tration 23 (c) Secure bicycle parking at employment centers, for the 24 park-and-ride lots, rail and transit terminals, and ferry impact 25 docks and landings. 26 (d) Bicycle-carrying facilities on public transit ghways 27 vehicles. 28 (e) Installation of traffic control devices to improve punt is 29 the safety and efficiency of bicycle travel. i Fund, 30 (f) Elimination of hazardous conditions on existing -nment 31 bikeways. uously 32 (g) Planning. for the 33 (h) Improvement and maintenance of bikeways. noneys 34 In recommending projects to be funded, due pquent 35 consideration shall be given to the relative 36 cost-effectiveness of proposed projects. 3icycle 37 SEC. 6. Section 893.6 of the Streets and Highways 3icycle 38 Code is amended to read: 39 893.6. The department shall make a reasonable effort 40 to disburse funds in general proportion to population. 96 AB 930 — 6 - 1 - 6 -- 1 However, no applicant shall receive more than 25 ` 2 percent of the total amounts transferred to the; Bicycle 3 Transportation Account in a single fiscal year. 4 SEC. 7. Section 2106 of the Streets and Highways 5 Code is amended to read: 6 2106. A sum equal to the net revenue derived from 7 one and four one-hundredths cent ($0.0144) per gallon 8 tax under the Motor Vehicle Fuel License Tax Law (Part 9 2 (commencing with Section 7301) of Division 2 of the j 10 Revenue and Taxation Code) shall be apportioned 11 monthly from the Highway Users Tax Account in the 12 Transportation Tax Fund among the counties and cities (, 13 as provided in this section. 14 The amounts available under this section shall be j 15 apportioned, as follows: 16 (a) Four hundred dollars ($400) per month shall be 17 apportioned to each city and city and county, and eight 18 hundred dollars ($800) per month shall be apportioned 19 to each county and city and county. } 20 (b) The following amounts shall be transferred to the 21 Bicycle Transportation Account in the State 22 Transportation Fund during the following calendar years: 23 (1) During 1998, one million dollars ($1,000,010) 24 (2) During 1999, one million dollars ($1,000,000). { 25 (3) During 2000, one million dollars ($1,000,000. 26 (4) During 2001, two million dollars ($2,000,000). 27 (5) During 2002, two million dollars ($2,000,000). 28 (6) During 2003, three million dollars ($3,000,000)-. 29 (7) During 2004, and annually thereafter, five million 30 dollars ($5,000,000) 31 (c) The balance shall be apportioned, as follows: 32 (1) A base sum shall be computed for each county by 33 using the same proportions of fee-paid and exempt j 34 vehicles that are established for the purposes of 35 apportionment of funds under subdivision (d) of Section 36 2104. 37 (2) For each county, the percentage of the total 38 assessed valuation of tangible property subject to local tax 39 levies within the county that is represented by the 40 assessed valuation of tangible property outside the { 96 t --- 7 --- AB 9301 than 25 1 incorporated cities of the county shallbe applied to its Bicycle 2 base sum, and the resulting amount shall be apportioned 3 to the county. The assessed valuation of taxable tangible ighways 4 property, for the purposes of this computation, shall be 5 that most recently used for countywide tax levies as ed from 6 reported. to the Controller by the State Board of 'r gallon 7 Equalization. If an incorporation or annexation is legally w Bart ' 8 completed Following the base-sum computation, the new 20 the 9 city's assessed. valuation shall be deducted from the 2 of thened 103 county's assessed valuation, the estimate of which may be .t in the 11 provided by the State Board of Equalization. .ttides 12 (3) The difference between the base sum for each ad 13 county and the amount apportioned to the county shall shall be 14 be apportioned to the cities of that county in the 15 proportion that the population of each city bears to the shall be 16 total population of all the cities in the county. Populations ad eight 17 used for determining apportionment of money under E 18 Section 210}7 are to be used.for the purposes of this section.. �rtioned 19 SEC. ,& Section 21211 of the Vehicle Code is amended -d to the 201 to read.. State _ 21 212011. (a) No person shall operate a bicycle on a ar years: 22 roadway unless itis equipped with a brake hie that will op). 23 enable the operator to make one braked wheel skid on 00). r,, 24 dry, level, clean pavement. 00) 25 (b) No person shall operate on the highway any 00) . 26 bicycle equipped with handlebars so raised that the 00). 27 operator must elevate his or her hands above the level of ((;0(0��; 28 his or her shoulders in order to grasp the normal steering million 29 grip area. 301 (c) No person shall operate .upon any highway a ws: 31 bicycle whieh that is of such a size as to prevent the )unty by 32 operator from safely stopping the bicycle,supporting it in exempt 33 an upright position with at least one foot on the ground, ►uses of 34 and restarting it in a safe manner. 35 (d) Every bicycle operated upon an highway duringSection 36 darkness shall beequiped with ia alof f llou n he total 37 (1) A lamp emitting a white light whieh that,while the local tax 38 bicycle is in motion, illuminates the highway in front of by the 39 the bicyclist and is visible from'a distance of 3010 feet in ide the 40 front and from the sides of the bicycle;' w 96 ss I AB 930 --- 8 -- 1 (2) A red reflector on the rear which sheA be that is '`r` 1 2 visible from a distance of 500 feet to the rear when 2 3 directly in front of lawful upper beams of headlamps on 3 4 a motor vehicle;j4*- & An amber oryellowreflector 4 5 or-light may be added to the red,reflector to increase 5 6 visibility. 6 7 (3) A white or yellow reflector on each pedal that is 7 8 visible from the front and rear of the bicycle from a 8 9 distance of 200 feet,e - vAth & 9 10 (4) A white or yellow reflector on each side forward of 10 11 the center of the bicycle,and with a white or red reflector 11 12 on each side to the rear of the center of the bicycle;emeept 12 13 that bieyeles whieh are eqttipped with refleeter tires 13 14 en the fientand the rear need net be eqeippe'd witit Otese 14 15 side refieeterg, her. The reflectors and reflectorized 15 16 tires shall be of a type meeting requirements established 16 17 by the department. Bicycles that are equipped with 17 18 reflectoxlzed tees on the front and the rear need not be 19 equipped with the side reflectors required by this 20 paragraph. 21 (e) (1) A lamp or lamp combination, emitting a white 22 light, attached to the operator and that is visible from a 23 distance of 300 feet in front and from the sides of the 24 bicycle, may be used in lieu of the lamp required by 25 ease paragraph (1) of subdivision (d). 26 (2) 1n lieu of the white or yello w reflector required on 27 each bicycle pedal by paragraph (3) of subdivision (d), 28 the operator may wear (A) shoes with white or yellow 29 reflective material on the back of each shoe that is visible 30 from the rear of the bicycle from a distance of2OO feet, or 31 (B) white or yellow reflective bands around each ankle 32 that are visible from the front andrear of the bicycle from 33 a distance of 200 feet, 34 SEC. 9. Section 21442 is added to the Vehicle Code, to j 35 read: Yd 36 , 21402. The regubtions adopted by the Department of 37 Transportation pursuant to Section 21400, that prescx7be 38 uniform standards and spec cations for all official train 39 control devicesplaced pursuant to the code, shall require 40 local agencies, upon routine or periodic inspections, to ` 96