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AB-584 Department of Transportation: weight limits: special permits.(2021-2022)

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Date Published: 03/26/2021 09:00 PM
AB584:v98#DOCUMENT

Amended  IN  Assembly  March 26, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 584


Introduced by Assembly Members Robert Rivas and Mathis
(Coauthors: Assembly Members Cunningham and Gray)
(Coauthors: Senators Borgeas and Laird)

February 11, 2021


An act to add Section 35797 to the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 584, as amended, Robert Rivas. Department of Transportation: weight limits: special permits.
Existing law imposes limits on the size, weight, and load of vehicles that may be operated on the highway and authorizes the Department of Transportation and local authorities, with respect to highways under their respective jurisdictions, to issue permits to operate the vehicles exceeding the specified size, weight, and load limits.
This bill would, no later than July 1, 2022, require the department to develop a pilot program for the purpose of issuing a special permit to the operator of a vehicle, combination of vehicles, or mobile equipment permitting the hauling of raw milk in excess of 80,000 pounds if the vehicle, combination, or equipment meets specified criteria. The bill would require an application for the permit to contain specified information, including a description of the vehicles to be operated under the permit. The bill would state that a permit is valid for one year and may be canceled by the department for specified reasons including the failure of the applicant to maintain any of the conditions required for the application. The bill would state that the holder of a permit is not authorized to operate outside of designated corridors identified by the department. The bill would require the department to submit a report to the Legislature, as specified. The bill would require the department to conduct a study focused on specific issues, including air pollution emission reductions and fuel consumption, and provide results to the appropriate legislative policy committees. The bill would authorize the department to charge a fee, as specified. The bill would repeal these provisions on January 1, 2030.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 35797 is added to the Vehicle Code, to read:

35797.
 (a) No later than July 1, 2022, the Department of Transportation shall develop a pilot program for the purpose of issuing a special permit to the operator of a vehicle, combination of vehicles, or mobile equipment permitting the hauling of raw milk in excess of 80,000 pounds if the vehicle, combination, or equipment meets both of the following criteria:
(1) The vehicle, combination of vehicles, or mobile equipment is used to transport raw milk moving from a dairy farm to a processor or from one processor to another.
(2) The vehicle, combination of vehicles, or mobile equipment, in combination with its load, has a maximum gross weight in excess of the maximum gross weight limit of vehicles and loads specified in this chapter, but does not exceed 88,000 pounds gross vehicle weight.
(b) The permit issued by the Department of Transportation shall be required to authorize the operation or movement of a vehicle, combination of vehicles, or mobile equipment described in subdivision (a). The following criteria shall be included in the application for the permit:
(1) A description of the vehicles to be operated under the permit.
(2) An agreement wherein each applicant agrees to be responsible for all injuries to persons and for all damage to real or personal property of the state and others directly caused by or resulting from the operation of the applicant’s vehicles or combination of vehicles under the conditions of the permit. The applicant shall agree to hold harmless and indemnify the state and all its agents for all costs or claims arising out of or caused by the movement of vehicles or combination of vehicles under the conditions of the permit.
(3) The applicant shall provide proof of financial responsibility that covers the movement of the shipment as described in subdivision (a). The insurance shall meet the minimum requirements established by law.
(4) An agreement to carry a copy of the permit in the vehicle at all times and furnish the copy upon request of an employee of the Department of the California Highway Patrol or the Department of Transportation.
(5) An agreement to place an indicia, developed by the Department of Transportation, in consultation with the Department of the California Highway Patrol, upon the vehicle identifying it as a vehicle possibly operating under this section. The indicia shall be displayed in the lower right area of the front windshield of the power unit. The Department of Transportation may charge a recipient of a permit under this section a fee in an amount that does not exceed the reasonable cost to the department of producing and issuing this indicia.
(6) An agreement to use fuel that complies with the Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations) and has a carbon intensity score of 65 or less in the vehicle or combination of vehicles within six months of obtaining the permit.
(7) An agreement that all trailers used in the program shall have three axles, all of which are equipped with brakes.
(c) The permit issued pursuant to subdivision (a) shall be valid for one year. The permit may be canceled by the Department of Transportation for any of the following reasons:
(1) The failure of the applicant to maintain any of the conditions required pursuant to subdivision (b).
(2) The failure of the applicant to maintain a satisfactory rating, as required by Section 34501.12.
(3) A determination by the Department of Transportation that there is sufficient cause to cancel the permit because the continued movement of the applicant’s vehicles under the permit would jeopardize the safety of the motorists on the roadway or result in undue damage to the highways listed in this section.
(d) This section does not authorize an applicant or holder of a special permit under subdivision (a) to operate a vehicle or combination of vehicles in excess of the maximum gross weight limit of vehicles specified in this chapter outside of the designated corridors identified by the Department of Transportation. A violation of this subdivision shall result in the revocation of the permit.
(e) The Department of Transportation, in consultation, with the State Air Resources Board, shall submit an do both of the following:
(1) Submit an annual report to the Legislature identifying the number of permits issued and the total reduction in trips and emissions as a result of the program. A report submitted pursuant to this paragraph shall be submitted in compliance with Section 9795 of the Government Code.
(2) Conduct a study and provide results to the appropriate legislative policy committees from data collected from participants in the pilot program focusing on all of the following issues:
(A) Air pollution emission reductions.
(B) Safety.
(C) Fuel consumption.
(D) Vehicle miles traveled and impact to roadways.
(f) The Department of Transportation may charge a fee in an amount that does not exceed the reasonable cost of issuing a permit pursuant to subdivision (a).
(g) This section shall remain in effect only until January 1, 2030, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2030, deletes or extends that date.