BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  SB 773
          Author:   Wiggins (D)
          Amended:  As introduced
          Vote:     21

           
           SEN. TRANSPORTATION & HOUSING COMMITTEE  :  8-0, 4/10/07
          AYES:  McClintock, Ashburn, Cedillo, Corbett, Dutton,  
            Harman, Simitian, Torlakson
          NO VOTE RECORDED:  Lowenthal, Kehoe, Oropeza


           SUBJECT  :    Vehicles:  length exemption:  Highway 101

           SOURCE  :     Author


           DIGEST  :    This bill changes a provision in state law that  
          exempts, until January 1, 2012, specified livestock  
          carriers on portions of Highway 101 from vehicle length  
          limitations, so that longer vehicles can travel on that  
          state highway.

           ANALYSIS  :    

          Existing law:

          1. Prohibits any combination of vehicles coupled together,  
             including any attachments, from exceeding a total length  
             of 65 feet, with certain, specified exceptions. 

          2. Provides an exemption to the length limitation until  
             January 1, 2012, for licensed carriers of livestock on  
                                                           CONTINUED





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             portions of Highway 101 in the counties of Del Norte,  
             Humboldt, and Mendocino, if the travel is necessary and  
             incidental to the shipment of livestock.  The exemption  
             allows a truck tractor/semi-trailer combination of up to  
             70 feet provided that the distance from the kingpin to  
             the rear axle does not exceed 40 feet.  

          3. Requires that by January 1, 2011, the Department of the  
             California Highway Patrol (CHP), in consultation with  
             the California Department of Transportation (Caltrans),  
             report to the Legislature on its comprehensive study of  
             the effect that this exemption has on public safety.   
             This study shall accord with CHP's recommendations made  
             in its 2006 study of the public safety effects of the  
             exemption.

          This bill expands the exemption to length limitations on  
          Highway 101 for livestock carriers to include those  
          semi-trailers that measure up to 43 feet from the kingpin  
          to the rearmost axle of the semi-trailer, provided the  
          semi-trailer does not exceed a total of 48 feet.

           Background
           
          Prior to 1999, the length restrictions on highways leading  
          into and out of counties of Del Norte, Humboldt, and  
          Mendocino made the travel of most interstate trucks  
          illegal.  Representatives of the livestock industry  
          contended that these restrictions would diminish their  
          ability to do business.  They contended that the  
          regulations denied two of the north coast counties,  
          Humboldt and Del Norte, full access to available livestock  
          trucking opportunities.  To address their concerns, AB 2426  
          (Strom-Martin), Chapter 711, Statutes of 1998, created a  
          two-year exemption period for livestock carriers to travel  
          on portions of Highway 101 and required that the CHP  
          conduct a study on the possible safety impacts of the   
          exemption.  The sunset date has been extended several times  
          since as follows:  

          1.AB 1474 (Cardoza), Chapter 911, Statutes of 1999, added  
            one more year to the exemption, and gave the CHP until  
            July 1, 2001, to complete the study and report to the  
            Legislature.  







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          2.AB 220 (Strom-Martin), Chapter 413, Statutes of 2001,  
            continued the exemption until January 1, 2004, and  
            instructed the CHP to conduct a second study on the  
            possible safety impacts, which was never issued.

          3.SB 127 (Chesbro), Chapter 188, Statutes of 2003, extended  
            the sunset date until January 1, 2007, and required the  
            CHP to conduct a third study on the safety impacts, which  
            was issued on March 20, 2006.

          4.SB 1224 (Chesbro), Chapter 449, Statutes of 2006,  
            extended the sunset date until 2012, and required the CHP  
            to continue the comprehensive study of the effect of the  
            exemption on public safety and to make recommendations on  
            future exemptions by January 1, 2011.

          The Legislature and three governors, through five different  
          bills, have created and extended this exemption.  Four of  
          these bills required that the CHP, in consultation with  
          Caltrans to report to the Legislature on the public safety  
          impacts of the exemption.  In each of its studies, the CHP  
          has found that "no collisions, citations, verbal warnings,  
          complaints, or highway incidents related to the exemption?,  
          involving licensed carriers of livestock on this portion of  
          [SR] 101" occurred.  

          Despite these findings, Caltrans maintains that these  
          highway segments are "geometrically inadequate for use by  
          truck tractor and semi-trailer combinations with a [KP-RA  
          (kingpin to rear axle)] length over 32 feet and a combined  
          vehicle length exceeding 65 feet."  Longer vehicles cross  
          over into the oncoming lane of traffic or go off the  
          roadway when rounding curves in the highway.  This is known  
          as "off tracking."  This problem could only be resolved  
          through structural improvements to the highway, which would  
          be both expensive and raise significant environmental  
          considerations. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  4/16/07)








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          California Cattlemen's Association
          California Chamber of Commerce
          County of Mendocino
          County of Sonoma
          Former State Senator Wes Chesbro
          Fortuna Chamber of Commerce
          Humboldt County Board of Supervisors
          Mendocino County Cattlemen's Association
          Northcoast Regional Land Trust
          Redwood Regional Economic Development Commission

           OPPOSITION  :    (Verified  4/16/07)

          Automobile Club of Southern California
          California State Automobile Association

           ARGUMENTS IN SUPPORT  :    The author's office notes that  
          most of the beef grown in Northern California is shipped  
          out-of-state, so north coast ranchers need to use  
          out-of-state trailers for movement of their product.   
          Livestock ranchers in Humboldt, Del Norte, and Mendocino  
          Counties operate at a greater economic disadvantage when  
          compared with livestock ranchers throughout the rest of  
          California, because they are limited by statute to use  
          trailers with a kingpin to the rear axle of 40 feet.  The  
          author asserts that approximately "ninety percent of the  
          equipment used to transport cattle and other livestock to  
          out-of-state markets are trailers with a kingpin of up to  
          43 feet." 

          The author states that "several tighter than normal turns  
          along three very short sections of Highway 101 at  
          Richardson's Grove, Confusion Hill and Big Lagoon" have  
          prevented the North Coast Livestock Industry from utilizing  
          43-foot trailers to haul cattle.  For this reason, the  
          author introduced this bill to provide for the longer  
          semi-trailers on this section of Highway 101.

           ARGUMENTS IN OPPOSITION  :    The California State Automobile  
          Association and the Automobile Club of Southern California  
          state in opposition:  

            "Because the road is not designed to sufficiently handle  
            longer combination trucks, it is difficult for the truck  







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            to make turns without encroaching into adjacent lanes,  
            crossing centerlines or going off the pavement.  To all  
            even longer kingpin-to-rear-axle lengths will only  
            increase the problem of off-tracking and the associated  
            potential safety hazards.
             
             "There have been no major modifications made to this  
            stretch of SR 101 since the initial report and findings  
            by Caltrans in 1989.  Subsequent reports reiterate the  
            Caltrans findings.  Therefore the threat of off-tracking  
            by longer combination vehicles resulting in serious  
            traffic accidents remains."


          JJA:mw  4/16/07   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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