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AB-2733 Vehicles: special permits.(2023-2024)

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Date Published: 02/15/2024 09:00 PM
AB2733:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2733

Introduced by Assembly Member Boerner

February 15, 2024

An act to add Section 35700.7 to the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 2733, as introduced, Boerner. Vehicles: special permits.
Existing law authorizes the Department of Transportation to issue a special permit to the operator of a vehicle, combination of vehicles, or mobile equipment, permitting the operation and movement of the vehicle, combination, or equipment, and its load, on designated routes if the vehicle, combination, or equipment meets specified criteria, upon adoption of an ordinance or resolution by specified cities covering designated routes.
This bill would additionally authorize the Department of Transportation to issue a special permit to the operator of a zero-emission vehicle, as defined, combination of vehicles, or mobile equipment, permitting the operation and movement of the vehicle, combination, or equipment, and its load, on designated routes if the vehicle, combination, or equipment meets specified criteria, upon adoption of an ordinance or resolution by the City of San Diego and City of National City covering designated routes. The bill would authorize the department to charge a fee to cover the cost of producing and issuing an indicia that the operator agrees to place upon the permitted vehicle.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 35700.7 is added to the Vehicle Code, to read:

35700.7.
 (a) The Department of Transportation, upon adoption of an ordinance or resolution that conforms with the provisions of this section by the City of San Diego and the City of National City, may issue a special permit to the operator of a zero-emission vehicle, combination of vehicles, or mobile equipment, permitting the operation and movement of the vehicle, combination, or equipment, and its load, on the 4.5-mile portion of Harbor Drive, Interstate 5, and Bay Marina Drive, between Tenth Avenue Marine Terminal in the City of San Diego and National Distribution Center in the City of National City, and on the 16.6-mile portion of Interstate 5 and Interstate 905 that is between Bay Marina Drive in the City of National City and Enrico Fermi Drive in the City of San Diego, if the vehicle, combination, or equipment meets all of the following criteria:
(1) The vehicle, combination of vehicles, or mobile equipment is used to transport intermodal cargoes that are moving in international maritime commerce.
(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 95,000 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 permit shall not authorize the movement of hazardous materials or hazardous wastes, as those terms are defined by local, state, and federal law. The following shall be included in the application for the permit:
(1) A description of the loads and 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 fee to cover the cost of producing and issuing this indicia.
(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 and loads specified in this chapter outside of the designated corridors identified in subdivision (a). A violation of this subdivision shall result in the revocation of the permit.
(e) For purposes of this section, “zero-emission vehicle” means an on-road vehicle with a zero-emission powertrain that produces zero exhaust emissions of any criteria pollutant, precursor pollutant, or greenhouse gas under any possible operational modes or conditions.