California Senate Bill SB165 Amended / Bill

 BILL NUMBER: SB 165AMENDED 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.