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SB-319 State highways: Department of Transportation: German autobahn report.(2019-2020)

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Date Published: 04/22/2019 02:00 PM
SB319:v98#DOCUMENT

Amended  IN  Senate  April 22, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 319

Introduced by Senator Moorlach

February 15, 2019

An act to add and repeal Section 148.5 to the Streets and Highways Code, and to amend Sections 22348 and 22349 of the Vehicle Code, relating to state highways, and making an appropriation therefor. highways.


LEGISLATIVE COUNSEL'S DIGEST


SB 319, as amended, Moorlach. State highways: Interstate Route 5: State Route 99: speed limits. Department of Transportation: German autobahn report.

(1)Existing

Existing law states that vests the Department of Transportation has with full possession and control of the state highway system. Existing law prohibits a person from driving a vehicle upon a highway with a speed limit established pursuant to specified provisions at a speed greater than that speed limit. Existing law prohibits a person from driving a vehicle upon a state highway at a speed greater than 65 miles per hour.
This bill would require the department to initiate a project to construct two additional traffic lanes on northbound and southbound Interstate Route 5 and State Route 99, and would prohibit the imposition of a maximum speed limit for those traffic lanes. department, on or before January 1, 2021, to submit a report that includes policy recommendations to the Legislature and the California Transportation Commission on any potential advantages of the German autobahn system compared to California’s state highway system and on the feasibility of implementing those potential advantages in California, as specified.

(2)The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available for appropriation by the Legislature. Existing law continuously appropriates 35% of the annual proceeds of the fund for transit, affordable housing, and sustainable communities programs and 25% of the annual proceeds of the fund for certain components of a specified high-speed rail project.

This bill would appropriate an unspecified amount from the fund to the department for the purpose of reducing the emissions of greenhouse gases by constructing additional traffic lanes on Interstate Route 5 and State Route 99.

Vote: MAJORITY   Appropriation: YESNO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 (a) The Legislature finds and declares all of the following:
(1) Interstate Route 5 (I-5) and State Route 99 (SR 99) are integral components of California’s highway system and provide means of long distance travel for Californians. The Department of Transportation maintains and improves the state’s transportation systems, including I-5 and SR 99.
(2) The High-Speed Rail Authority was formed to address the increasing strain placed on California’s highways by the state’s growing population. Increased traffic flow damages roadways and adds to congestion on highways.
(3) A November 2018 California State Auditor’s report on the High-Speed Rail Authority found that the authority has secured $12,700,000,000 of the estimated $77,300,000,000 that represents the total cost of the high-speed rail system, which is projected to be completed in 2033. The report further found deficiencies in planning, contract management, policy enforcement, and goal monitoring, for which the auditor made recommendations.
(4) The German autobahn has proven to be a reliable national highway system, with lower traffic accident and death rates than highways in the United States.

(4)

(5) Traffic congestion increases the emissions of greenhouse gases as it causes automobiles to idle longer while on roadways.

(5)The Greenhouse Gas Reduction Fund was created as a special fund in the State Treasury and is the repository for the revenues generated by the auction or sale of allowances pursuant to the market-based compliance mechanism used by the State Air Resources Board. These moneys are made available to projects that reduce the emissions of greenhouse gases.

(b) It is the intent of the Legislature to provide Californians with a viable alternative to the high-speed rail system project by providing them with access to high-speed, unabated transportation across the state.
(c) It is further the intent of the Legislature to decrease traffic congestion and thereby decrease the emissions of greenhouse gases caused by automobiles.

SEC. 2.

 Section 148.5 is added to the Streets and Highways Code, to read:

148.5.
 (a) The department shall initiate a project to construct two additional traffic lanes on northbound and southbound Interstate Route 5, as described in Section 305, and State Route 99, as described in Section 399. shall, on or before January 1, 2021, submit a report that includes policy recommendations to the Legislature and the California Transportation Commission on any potential advantages of the German autobahn system compared to California’s state highway system and on the feasibility of implementing those potential advantages in California.

(b)Notwithstanding Sections 22348 and 22349 of the Vehicle Code, there shall not be a maximum speed limit for the traffic lanes constructed pursuant to subdivision (a).

(b) The report shall include, but not be limited to, all of the following information:
(1) The construction standards for the autobahn’s roadways, including, but not limited to, all of the following:
(A) Pavement specifications.
(B) Lane widths.
(C) Highway shoulder placement and size.
(D) Rumble strip placement and size.
(E) Speed restrictions.
(F) Barrier placement and frequency.
(2) The safety statistics for traffic accidents on the autobahn.
(3) The various state-specific speed limits for state highways in the United States.
(4) The locations along Interstate Route 5, as described in Section 305, and State Route 99, as described in Section 399, where lane capacity can be increased.
(5) Recommendations regarding the feasibility of incorporating autobahn construction standards into California’s state highway construction standards.
(c) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2025.

SEC. 3.Section 22348 of the Vehicle Code is amended to read:
22348.

(a)Notwithstanding subdivision (b) of Section 22351, a person shall not drive a vehicle upon a highway with a speed limit established pursuant to Section 22349 or 22356 at a speed greater than that speed limit.

(b)Except as provided in Section 148.5, a person who drives a vehicle upon a highway at a speed greater than 100 miles per hour is guilty of an infraction punishable, as follows:

(1)Upon a first conviction of a violation of this subdivision, by a fine of not to exceed five hundred dollars ($500). The court may also suspend the privilege of the person to operate a motor vehicle for a period not to exceed 30 days pursuant to Section 13200.5.

(2)Upon a conviction under this subdivision of an offense that occurred within three years of a prior offense resulting in a conviction of an offense under this subdivision, by a fine of not to exceed seven hundred fifty dollars ($750). The person’s privilege to operate a motor vehicle shall be suspended by the Department of Motor Vehicles pursuant to subdivision (a) of Section 13355.

(3)Upon a conviction under this subdivision of an offense that occurred within five years of two or more prior offenses resulting in convictions of offenses under this subdivision, by a fine of not to exceed one thousand dollars ($1,000). The person’s privilege to operate a motor vehicle shall be suspended by the Department of Motor Vehicles pursuant to subdivision (b) of Section 13355.

(c)A vehicle subject to Section 22406 shall be driven in a lane designated pursuant to Section 21655 or, if a lane has not been so designated, in the right-hand lane for traffic or as close as practicable to the right-hand edge or curb. When overtaking and passing another vehicle proceeding in the same direction, the driver shall use either the designated lane, the lane to the immediate left of the right-hand lane, or the right-hand lane for traffic as permitted under this code. If, however, specific lane or lanes have not been designated on a divided highway having four or more clearly marked lanes for traffic in one direction, a vehicle may also be driven in the lane to the immediate left of the right-hand lane, unless otherwise prohibited under this code. This subdivision does not apply to a driver who is preparing for a left- or right-hand turn or who is in the process of entering into or exiting from a highway or to a driver who is required necessarily to drive in a lane other than the right-hand lane to continue on the driver’s intended route.

SEC. 4.Section 22349 of the Vehicle Code is amended to read:
22349.

(a)Except as provided in Section 148.5 of the Streets and Highways Code and Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.

(b)Notwithstanding any other law, no person may drive a vehicle upon a two-lane, undivided highway at a speed greater than 55 miles per hour unless that highway, or portion thereof, has been posted for a higher speed by the Department of Transportation or appropriate local agency upon the basis of an engineering and traffic survey. For purposes of this subdivision, both of the following shall apply:

(1)A two-lane, undivided highway is a highway with not more than one through lane of travel in each direction.

(2)Passing lanes may not be considered when determining the number of through lanes.

(c)It is the intent of the Legislature that there be reasonable signing on affected two-lane, undivided highways described in subdivision (b) in continuing the 55 miles-per-hour speed limit, including placing signs at county boundaries, to the extent possible, and at other appropriate locations.

SEC. 5.

The sum of ____ dollars ($____) is hereby appropriated from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, to the Department of Transportation for the purposes of reducing the emissions of greenhouse gases by constructing additional traffic lanes on Interstate Route 5 and State Route 99 as provided pursuant to Section 148.5 of the Streets and Highways Code.