California Senate Bill SB469 Amended / Bill

 BILL NUMBER: SB 469AMENDED BILL TEXT AMENDED IN SENATE JANUARY 6, 2014 INTRODUCED BY Senator Corbett FEBRUARY 21, 2013  An act to Chapter 4 (commencing with Section 22160) to Part 3 of Division 2 of the Public Contract Code, relating to local public transit.   An act to amend Section 35110 of, and to add Section 35405 to, the Vehicle Code, relating to vehicles.  LEGISLATIVE COUNSEL'S DIGEST SB 469, as amended, Corbett.  Public contracts: local agencies: public transit vehicles.   Vehicles: aerodynamic vehicles.   Existing law limits the length of vehicles and combinations of vehicles coupled together. Existing law permits door handles, hinges, cable cinchers, chain binders, aerodynamic devices, and holders for the display of placards warning of hazardous materials to extend 3 inches on each side of the vehicle. Under existing law, any extension or device used to increase the carrying capacity of a vehicle is generally included in measuring the length of a vehicle, subject to certain exceptions.   This bill would also permit a tarping system, as defined, and all nonproperty carrying devices or components to extend 3 inches on each side of the vehicle, as specified. The bill would exclude an aerodynamic device, as defined, that extends no more than 5 feet beyond the rear of a vehicle from the calculation of a vehicle's length if the device meets specified conditions, including that the device does not obscure tail lamps, turn signals, marker lamps, identification lamps, or any other required safety devices.   Existing law limits the width of a vehicle to no more than 102 inches, with certain exceptions, including that a vehicle may have an aerodynamic device, as defined, that extends up to 3 inches beyond each side of the vehicle. Existing law prohibits an aerodynamic device from adversely impacting the vehicle's swept width and turning characteristics.   This bill would instead prohibit an aerodynamic device from affecting the vehicle's turning radius, as defined, or interfering with the vehicle's ability to complete a turn.   Existing law establishes various bidding requirements for local agencies entering into construction contracts.   This bill would require a local authority awarding a procurement contract for the purchase of a public transit vehicle to give a 10 percent preference to any bidder that agrees that all vehicles to be purchased under the contract are to be manufactured within the State of California. This bill would also state that this is an issue of statewide concern.  Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 35110 of the   Vehicle Code   is amended to read:  35110. (a) Door handles, hinges, cable cinchers, chain binders, aerodynamic devices,  and  holders for the display of placards warning of hazardous materials  , and a tarping system and all nonproperty carrying devices or components thereof,  may extend three inches on each side of the vehicle. (b)  (1)    For purposes of this section, "aerodynamic  devices"   device"  means  devices using   a device that uses  technologies that minimize drag and improve airflow over an entire tractor-trailer vehicle. These include gap fairings that reduce turbulence between the tractor and trailer, side skirts that minimize wind under the trailer, and rear fairings that reduce turbulence and pressure drop at the rear of the  trailer, provided that these devices  trailer. An aerodynamic device  shall not  adversely impact   have  the  vehicle's swept width and turning characteristics and that the  primary purpose of  the device is not for  advertising  and shall not affect the vehicle   's turning radius or interfere with the vehicle's ability to complete a turn  .  (2) As used in paragraph (1), "turning radius" means the angle that the tractor can rotate relative to the trailer while completing a turn.   (c) (1) For purposes of this section, "a tarping system" means a moveable device used to enclose the cargo area of flatbed semitrailers or trailers.   (2) Subdivision (a) applies to all component parts of a tarping system, including the following:   (A) The transverse structure at the front of the vehicle to which the sliding walls and roof of the tarp mechanism are attached, provided the structure is not also intended or designed to comply with Section 393.106 of Title 49 of the Code of Federal Regulations. The transverse structure may be up to 108 inches wide if properly centered so that neither side extends more than three inches beyond the structural edge of the vehicle.   (B) The side rails running the length of the vehicle.   (C) The rear doors, provided the only function of the rear doors is to seal the cargo area and anchor the sliding walls and roof.   (D) The "wings" designed to close the gap between a headerboard designed to comply with Section 393.106 of Title 49 of the Code of Federal Regulations and the movable walls and roof of a tarping system, provided they are add-on pieces designed to bear only the load of the tarping system itself and are not integral parts of the load-bearing headerboard structure.   (d) For purposes of this section, a "headerboard designed to comply with Section 393.106 of Title 49 of the Code of Federal Regulations" is load bearing and does not exceed 102 inches in width.   SEC. 2.   Section 35405 is added to the   Vehicle Code   , to read:   35405. (a) An aerodynamic device that extends no more than five feet beyond the rear of a vehicle shall not be included in measuring the length of the vehicle or combination of vehicles, if both of the following conditions are met: (1) The device does not have the strength, rigidity, or mass to damage a vehicle, or injure a passenger in a vehicle, that strikes the vehicle equipped with the device from the rear. (2) The device does not obscure tail lamps, turn signals, marker lamps, identification lamps, or any other required safety devices, including, but not limited to, hazardous materials placards or conspicuity markings. (b) For purposes of this section, "aerodynamic device" has the same meaning as defined in Section 35110.   SECTION 1.   Chapter 4 (commencing with Section 22160) is added to Part 3 of Division 2 of the Public Contract Code, to read: CHAPTER 4. PUBLIC TRANSIT VEHICLES 22160. (a) An awarding authority that use a competitive bidding process and awards a procurement contract for the purchase of a public transit vehicle shall give a 10 percent preference to any bidder that agrees that all public transit vehicles to be purchased under the contract are to be manufactured within the State of California. (b) For the purposes of this Section, the following definitions apply: (1) "Awarding authority" means a local government agency, including any city, county, city and county, special district, transit district, or joint powers authority that awards or otherwise enters into contracts for the public transit vehicles. (2) "Bidder" means a person that submits a bid to sell a public transit vehicle to an awarding authority. (3) "Manufactured within the State of California" means a majority of the component parts were manufactured or assembled at a facility in California. (4) "Person" means any individual, proprietorship, joint venture, corporation, limited liability company, trust, association, other entity. (5) "Public transit vehicle" means a vehicle used or intended to be used to transport members of the general public, including, but is not limited to, school buses.   SEC. 2.   The Legislature hereby finds and declares that maintaining jobs in this state, including charter cities and counties, has a direct impact on the well-being of all residents of this state. Therefore, the Legislature finds and declares that giving a public contract preference to a bidder that manufactures public transit vehicles within the State of California, is an issue of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this act shall apply to every city and county in this state, including a charter city, charter county, and charter city and county.