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Steinberg Kills Bill That Sought to Delay Cap-and-Trade on Fuels

Mobile billboard against the "hidden gas tax." Photo via CA Drivers Alliance Twitter

Mobile billboard against the “hidden gas tax.” Photo via CA Drivers Alliance Twitter

The misinformation campaigns trumpeting an imminent “hidden gas tax” in California lost a battle with the defeat of Assemblymember Henry Perea’s bill, A.B. 69, which was designed to delay application of cap-and-trade to the fuels industry for three years.

Fuel companies have already begun participating in the state’s cap-and-trade auctions, buying pollution credits that they can use to help them meet the greenhouse gas emission cap set by the state. Emission caps will not apply to the fuel industry until this coming January, but they have had years to prepare for it.

Senate President Pro Tem Darryl Steinberg sent a letter to Perea [PDF] explaining his decision not to let A.B. 69 go forward. The bill may not have had much of a chance of passing anyway, but this settles the question without the Senate or Assembly having to take it up in the final few days of the legislative session.

A.B. 69 was originally a bill about water quality, and had been considered and passed in the Assembly as such, when at the last minute Perea completely rewrote it, in what’s called a “gut and amend.” At that point, it was in the Senate, where it would have had to pass out of several committees and then pass with at least a two-thirds vote on the Senate floor before the Assembly could take it up.

Steinberg killed it in the Rules Committee. In his letter to Perea, he wrote that “bringing non-stationary fuels under the cap is not an unforeseen issue that demands legislation which sidesteps the democratic process.” And “a measure of this importance should not be considered in the final weeks of a two-year session.”

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California Legislation Watch: Weekly Update

Screen Shot 2014-05-02 at 4.34.24 PMHere is Streetsblog’s weekly highlight of California legislation related to sustainable transportation.

Today was the last day to amend bills for this legislative session. Any bill that doesn’t get passed by midnight next Sunday, August 31, will be officially dead.

Among the flurry of votes, the following bills passed out of both the Assembly and the Senate and are now waiting for the governor to sign—or veto:

Vehicle registration surcharge for bike paths and trails: SB 1183 from Senator Mark DeSaulnier (D-Concord) would allow local jurisdictions–cities, park districts–to place initiatives on the ballot to fund bike paths and trails with a local vehicle registration surcharge. Because this fits Brown’s ideals about fiscal responsibility—that is, the surcharge cannot be imposed unless 2/3 of voters approve—let’s say this one is likely to be signed.

Bike racks on buses: AB 2707, from Assemblymember Ed Chau (D-Monterey Park), would allow newer, longer buses to carry bike racks that fit three bikes. Right now buses are generally restricted to two-bike racks, except in a few places that argued for an exception. This would make the rules consistent statewide.

Traffic violation fines in school zones: S.B. 1151, from Senator Anthony Canella (R-Ceres). Despite unanimous passage in both houses and all the committees it passed through, advocates are worried that Brown may decline to sign this bill because it uses fines to generate revenue. In this case the revenue would have been used for active transportation projects.

The bill originally called for fines to be doubled, to match fines in construction zones. However, the original language would have required new signage and legislators balked at burdening locals with those costs. Now, the bill merely adds a mandatory $35 increase to any other fines a scofflaw motorist would incur for unsafe driving in a school zone.

Meanwhile the following bills passed the Senate and returned to the Assembly for approval of Senate amendments: Read more…

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California Legislation Watch: Weekly Update

Screen Shot 2014-05-02 at 4.34.24 PMHere is Streetsblog’s weekly highlight of California legislation related to sustainable transportation.

With a deadline for amendments looming next Friday, marathon floor sessions are keeping legislators in the capitol churning through long lists of bills.

Protected Bike Lane Bill Still Being Amended: A.B. 1193 from Assemblymember Phil Ting (D-San Francisco) is the bill that would add protected bike lanes, or “cycletracks,” to the four types of bike facilities defined in the California Street and Highways Code, and would require Caltrans to create engineering standards for them by January of 2016.

A secondary aspect of the bill, which allows local jurisdictions to choose a different safety criteria than that created by Caltrans, is meeting some resistance on both sides of the liability debate (cities don’t want liability, and consumer advocates want someone to take responsibility). The bill actually passed on the Senate floor on Wednesday, but it was pulled back to make amendments to address those concerns.

The California Bicycle Coalition, the bill’s sponsor, is pleased with the results of negotiations. “We have come to an agreement with both sides of the debate,” said Dave Snyder, CalBike’s director. “We’ve agreed to new language and that this bill will not affect liability.”

A.B. 1193 will be heard again in the Senate some time next week. It’s expected to pass, but the Assembly will have to approve the new amendments.

School Zone Violations: S.B. 1151, from Senator Anthony Canella (R-Ceres), would raise fines for traffic violations in school zones and put any proceeds from those fines towards the Active Transportation Program. The bill passed the Assembly this week, and must go back to the Senate for another vote because of minor amendments made on the Assembly floor. If it passes there, it will have to be signed by Governor Jerry Brown, who has been unwilling to sign bills that raise fines in the past.

Hit-and-Run Fines: It’s also unclear whether Brown will sign A.B. 1532, from Assemblymember Mike Gatto (D-Los Angeles), which would raise fines for hit-and-run convictions. The bill passed out of the Senate Appropriations committee and is now awaiting a vote on the Senate floor.

Hit-and-Run Alert System: A.B. 47, also from Assemblymember Gatto, would create a “Yellow Alert” system to notify law enforcement and the public about hit-and-run crashes when someone has been seriously injured, and solicit help in finding the perpetrator. This bill has sailed through the legislature, with the Senate adding one requirement to the list of conditions under which the system can be activated: that “public dissemination of available information could either help avert further harm or accelerate apprehension of the suspect.” The bill passed the Appropriations Committee this week and it’s awaiting a Senate vote.

Bicycle Infrastructure Surcharge: S.B. 1183, from Senator Mark DeSaulnier (D-Concord), would authorize local agencies to impose a motor vehicle registration surcharge — upon approval by 2/3 of local voters — to fund bicycle paths and trails. It passed the Senate Appropriations Committee this week on a partisan vote and has moved on to the Assembly floor, where it is set to be voted on next week. If it passes without amendments, it will go straight to the governor. Will he sign it?

Email tips, alerts, press releases, ideas, etc. to melanie@streetsblog.org.

For social media coverage focused on statewide issues, follow Melanie @currymel on Twitter or like our Facebook page here.

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California Legislation Watch: Weekly Update

Screen Shot 2014-05-02 at 4.34.24 PM

Here is Streetsblog’s weekly highlight of California legislation related to sustainable transportation.

The legislature just came back from its August recess and spent the week catching up on its to-do list. The next few weeks will see a flurry of bills being voted on—and amended—before the session deadline on August 31.

LOS gone from CEQA: Big news! California is taking a big step away from wholly car-centric planning measures. Jarrett Walker calls it the toppling of a tyrant. Earlier this week, a bit after its July 1 deadline, the Governor’s Office of Planning and Research published its draft recommendation to replace Level of Service (LOS) standards with Vehicle Miles Traveled under the California Environmental Quality Act. A 45-day public comment period just started, so if you have something to add to the conversation, say it by 5 p.m., October 10: CEQA.guidelines@ceres.ca.gov.

School zones treated as safety zones: S.B. 1151 from Senator Anthony Canella (R-Ceres) flew through the Appropriations Committee Wednesday and is headed to a vote by the full Assembly. The bill would raise the fines for infractions and moving violations within school zones. Any funds generated would go into the state’s Active Transportation Program.

Gas price scare tactics: A.B. 69, the attempt by Assemblymember Henry Perea (D-Fresno) to delay the application of cap-and-trade emission limits to fuels, has been causing a ruckus. The press has been covering the issue with uneven success; some completely missing the mark (including  this story claiming that the law requires a gasoline “tax” to go into effect as soon as the new year hits: wrong). State Air Resources Board (CARB) chair Mary Nichols last week responded to a letter from Perea [PDF], emphasizing that any gas price volatility would likely  be less than what California consumers experience regularly.

Meanwhile the Legislative Analyst Office sent Perea’s office its analysis of the possible price effects of bringing fuels into the cap-and-trade program [PDF]. The LAO put its estimate of gas price increases—resulting from oil companies passing on the costs of cap-and-trade, NOT because they would be required to charge consumers more money—at between 13 and 20 cents per gallon by 2020 (and maybe as high as 50 cents). However, the letter continues, if fuels are not made subject to cap-and-trade, hypothetical alternative strategies might have a similar effect on gas prices. It also notes:

Even if cap-and-trade leads to a large price increase, it might be difficult to distinguish this increase from other fluctuations in gasoline prices. For example, a price increase of 60 cents per gallon of gasoline—an increase larger than many of the estimates we reviewed—would be smaller than the difference between the highest and lowest weekly gasoline prices observed in 2013.

Email tips, alerts, press releases, ideas, etc. to melanie@streetsblog.org.

For social media coverage focused on statewide issues, follow Melanie @currymel on Twitter or like our Facebook page here.

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California Bill Would Remove Legal Loophole for Hit-and-Run Drivers

Assemblymember Steven Bradford

California Assemblymember Steven Bradford (D-Gardena)

The California Senate is scheduled to vote on a bill next week from Assemblymember Steven Bradford (D-Gardena) that would close a loophole in state law that allows some hit-and-run perpetrators to avoid criminal prosecution.

Current law requires any driver involved in a collision that results in injury, death, or property damage to stop and provide contact information to the victim or to police at the scene of the crash. But if the driver later returns, and eventually works out a civil agreement with the victim, the court can drop misdemeanor hit-and-run charges. Bradford’s bill, A.B. 2673, would remove that option when a hit-and-run causes injury or death.

“Hit-and-run crimes are a particularly dangerous offense, and they are on the upswing,” Bradford wrote in a press release. “A person involved in an accident who refuses to even stop poses a great danger to society and they should not be able to buy their way out of facing punishment for endangering the public. Writing a check may clear a dangerous driver’s conscience, but it should not automatically clear their record.”

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Bill Aims to Delay Bringing Fuels Under CA Cap-and-Trade System

Drivers who make long commutes in old gas guzzlers might benefit from A.B. 69–but not much. Photo: Moira Curry

In a last-minute maneuver before the California Legislature’s summer recess, Assemblymember Henry Perea (D-Fresno) amended a bill to delay the application of California’s cap-and-trade system to fuels until 2018.

Co-authors of the bill, A.B. 69, include Assemblymembers Cheryl Brown (D-Fontana), Tom Daly (D-Anaheim), Isadore Hall (D-Rancho Dominguez), Roger Hernandez (D-West Covina), Freddie Rodriguez (D-Chino), and Rudy Salas (D-Bakersfield), as well as Senators Lou Correa (D-Santa Ana) and Norma Torres (D-Chino).

California’s cap-and-trade system is intended to encourage businesses to reduce their emissions of greenhouse gases (GHG) by placing a cap on the total GHG they may produce, and then allowing them to buy or sell emission credits, depending on their ability to meet the cap. It is being phased in over time, and until now has only been applied to manufacturing enterprises. The cap is scheduled to apply to the production and transport of transportation fuels starting in January 2015. Perea’s bill would delay that for three years.

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California Legislation Watch: Weekly Update

Here is Streetsblog’s weekly highlight of California legislation related to sustainable transportation.

School Zone Safety: S.B. 1151 from Anthony Canella (R-Ceres) would raise fines for traffic infractions within school zones. The bill passed the Assembly Transportation Committee, 14-0, and now goes to the Appropriations Committee.

Vulnerable User Law Jumps Ahead: A.B. 2398 from Marc Levine (D-San Rafael) was withdrawn from the Senate Public Safety Committee because that committee agreed with a recent amendment to lower the limit on maximum fines under the bill. Now it goes straight to Appropriations, where the deadline to get out of that committee is August 15. Session ends August 31.

Hit-and-Run Bills on Track: Two bills from Mike Gatto (D-Los Angeles) both passed their committees this weekA.B. 47 would create a “yellow alert” system to find hit-and-run perpetrators and A.B. 1532 would automatically suspend a driver’s license for leaving the scene of a crash where someone is hit. A.B. 1532 was also amended to add the possibility charging a of a non-injury hit-and-run as either an infraction or a misdemeanor, but the six-month license suspension remains.

Bicycle Infrastructure Funds From Vehicle Registrations: S.B. 1183 by Mark DeSaulnier (D-Concord) passed the Assembly Transportation Committee after being amended this week. This bill would allow local agencies to propose a fee of no more than $5 on vehicle registrations to pay for the maintenance of bike paths. The fee would have to be approved by two-thirds of the voters in the districts where it would apply. This week’s amendments include the addition of a sunset date of January 2025 and a requirement to report to the legislature on revenues received and projects supported by the fee. The 10-4 vote moves it to the Assembly Appropriations Committee.

Protected Bike Lanes: A.B. 1193 from Assemblymember Phil Ting (D-San Francisco) was amended and passed the Senate Transportation and Housing Committee this week.

Email tips, alerts, press releases, ideas, etc. to melanie@streetsblog.org.

For social media coverage focused on state-wide issues, follow Melanie @currymel on Twitter or like our Facebook page.

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Protected Bike Lanes Bill Passes CA Senate Transportation Committee

The “Protected Bikeways Act,” A.B. 1193, passed the Senate Transportation and Housing Committee Thursday on a 10-0 vote, despite opposition from some quarters. The bill must still be approved by the full Senate and Governor Jerry Brown.

All in all, the Rosemead Boulevard Project looks great, and is a great place for bicycling.

A protected bike lane in Temple City. Photo: Joe Linton/Streetsblog L.A.

The proposed legislation, introduced by Assemblymember Phil Ting (D-San Francisco), would compel Caltrans to create guidelines for protected bike lanes, a type of facility that is not currently allowed under California law.

A second measure in the bill would give local jurisdictions — cities and counties — the freedom to follow Caltrans standards for bicycle infrastructure or to choose some other guidance. Currently all bicycle infrastructure in California must adhere to Caltrans standards, whether it’s built on state highways or local streets. There are a few limited exceptions to this, generally through cumbersome experimental processes, but overall Caltrans’ antiquated standards have limited implementation of infrastructure that has proven safe in other states and other countries.

“This comes down to an issue of local control,” said Ting. “Cities have control over every aspect of their streets except when it comes to bikes.”

Supporters at the hearing included representatives from Napa County, the city of San Jose, the San Francisco Municipal Transportation Agency, and Los Angeles Mayor Eric Garcetti’s office.

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CA Bills to Crack Down on Hit-and-Run Drivers Sail Through Committees

Two bills focused on addressing hit-and-run crashes, authored by CA Assemblymember Mike Gatto, appear quickly on their way to being passed. A.B. 47, which would create an alert system on California highways to help the public assist police in catching drivers involved in hit-and-run crashes, sailed through the Senate Public Safety Committee Tuesday with a 6-1 vote. A.B. 1532Gatto’s other bill which increases fines and penalties for hit-and-run drivers, passed a separate committee.

Assemblymember Mike Gatto looks on as Damian Kevitt testifies to the Senate Public Safety Committee. Image: CA Senate

The bill has seen a torrent of support from a broad range of constituents, including bicycle and pedestrian advocates and public safety workers. Its next stop is the Senate Appropriations Committee.

At the hearing, Gatto testified that the bill specifies certain criteria that would have to be met before authorities could use the system, to allay concerns that it would be overused. A hit-and-run crash would have to involve a fatality or serious bodily injury, and officials would need at least partial plate numbers and a description of the vehicle.

“We have an apprehension rate in this state of 20 percent,” said Gatto, “so 80 percent of hit-and-run perpetrators never get caught. The city of Denver created a similar system in 2012; at the time they also had a twenty percent apprehension rate, and now they have a 76 percent rate of apprehension.”

“This is a smart way to make sure we can catch the people who commit the most heinous and cowardly accidents on the road with a deadly weapon—because vehicles are deadly weapons,” he said.

Damian Kevitt, a hit-and-run victim who now leads the “Finish the Ride” movement in Southern California, urged Senators to vote for the bill. He described the gruesome crash that left him for dead on the freeway a year ago, and called his recovery a “testimony to modern medicine.” Read more…

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CA Senate Committee to Consider Protected Bike Lanes Bill Tomorrow

A key hearing will be held in Sacramento tomorrow on legislation that would pave the way for more California cities to build protected bike lanes, also known as “cycle tracks.”

Legislation by Assemblymember Phil Ting (D-SF) aims to make protected bike lanes, such as this one in Long Beach, more common throughout California. Photo: Gary Kavanagh

Currently the California Highway Design Manual does not allow protected bike lanes, and state law requires local jurisdictions to follow Caltrans specifications for bicycle facilities on all roads, not just state-controlled highways. No such requirement exists for any other type of street infrastucture — just bicycle facilities.

A.B. 1193, the “Safe Routes for Urban Cyclists,” from Assemblymember Phil Ting (D-San Francisco), would require Caltrans to develop standards for bike lanes that are physically separated from motor traffic. At the same time, the bill would permit cities to opt out of using Caltrans specifications for bike facilities on local streets and roads.

The legislation follows the spirit of a recommendation from the recent State Smart Transportation Initiative (SSTI) report on Caltrans that Caltrans “support, or propose if no bill is forthcoming, legislation to end the archaic practice of imposing state rules on local streets for bicycle facilities.”

Caltrans recently complied with another SSTI recommendation when it endorsed design guidelines for bicycle infrastructure from the National Association of City Transportation Officials. However, while that endorsement adds some tools to the toolkit for planners, the NACTO guidelines are not yet included in the California Highway Design Manual, which local jurisdictions are still bound to.

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