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AB-1776 Highways: transportation gridlock emergencies.(1999-2000)

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AB1776:v98#DOCUMENT

Amended  IN  Assembly  March 20, 2000

CALIFORNIA LEGISLATURE— 1999–2000 REGULAR SESSION

Assembly Bill
No. 1776

Introduced  by  Assembly Member McClintock
 (Coauthor(s): Assembly Member Ashburn, Bates, Baugh, Brewer, Campbell, Cox, Cunneen, Dickerson, Frusetta, Kaloogian, Leach, Leonard, Maldonado, Oller, Pescetti, Runner, Strickland, Zettel)
 (Coauthor(s): Senator Haynes, Leslie, Monteith)

January 24, 2000

An act to amend Section 8558 of, and to add Section 8557.5 Sections 8557.5 and 14032.3 to, the Government Code, relating to highways.


LEGISLATIVE COUNSEL'S DIGEST


AB 1776, as amended, McClintock. Highways: transportation gridlock emergencies.
Existing law authorizes the Governor to proclaim a state of emergency, as defined, in an area affected or likely to be affected by the existence of conditions of disaster or of extreme peril to the safety of persons and property caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, complications resulting from the Year 2000 Problem, or other conditions, except as specified, which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat.
This bill would include a transportation gridlock emergency, which the bill would define, within the definition of “state of emergency.” The bill would authorize a transportation gridlock emergency to be declared for the purpose of relieving traffic congestion on any highway or segment of highway for which the Department of Transportation has determined that the average daily vehicle hours of delay, excluding weekends, exceeds 3,000 vehicle hours.
The bill would require the department to (1) determine the average daily vehicle hours of delay, excluding weekends, for each highway in the state; (2) rank each highway based on average daily vehicle hours of delay, excluding weekends; and (3) prepare and submit to the Governor and the Legislature, on an annual basis, a report listing the highways and their rankings.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 This bill shall be known and may be cited as the Congestion Relief Act for the 21st Century.

SEC. 2.

 Section 8557.5 is added to the Government Code, to read:

8557.5.
 For purposes of this chapter, a “transportation gridlock emergency” means conditions that require extraordinary state action, including, but not limited to, construction of new highways or highway lanes, in order to relieve traffic congestion that presents a severe threat to the safety and economic well-being of any region in the state. A transportation gridlock emergency may be declared for the purpose of relieving traffic congestion on any highway or segment of a highway for which the Department of Transportation has determined that the average daily vehicle hours of delay, excluding weekends, exceeds 3,000 vehicle hours.

SEC. 3.

 Section 8558 of the Government Code is amended to read:

8558.
 Three conditions or degrees of emergency are established by this chapter:
(a) “State of war emergency” means the condition which exists immediately, with or without a proclamation thereof by the Governor, whenever this state or nation is attacked by an enemy of the United States, or upon receipt by the state of a warning from the federal government indicating that such an enemy attack is probable or imminent.
(b) “State of emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by such conditions as a transportation gridlock emergency, air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, complications resulting from the Year 2000 Problem, or other conditions, other than conditions resulting from a labor controversy or conditions causing a “state of war emergency,” which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission.
(c) “Local emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, complications resulting from the Year 2000 Problem, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission.

SEC. 4.

 Section 14032.3 is added to the Government Code, to read:

14032.3.
 The department shall do all of the following:
(a) Determine the average daily vehicle hours of delay, excluding weekends, for each highway in the state.
(b) Rank each highway based on average daily vehicle hours of delay, excluding weekends.
(c) Prepare and submit to the Governor and the Legislature, on an annual basis, a report listing the highways and their rankings.