January 2007

Business Transportation & Housing (BT&H) on Air Quality Issues
We recently met with Barry Sedlik, acting secretary for BT&H. BT&H oversees the activities of 13 departments, many critically important to our industry such as the California Department of Transportation (Caltrans), California Housing Finance Agency (CalHFA), California Department of Corporations (DOC) California Highway Patrol (CHP), Department of Housing and Community Development (HCD), Department of Motor Vehicles (DMV) and Office of Traffic Safety (OTS).

The Secretary of BT&H also provides the vision and leadership that focuses the efforts of the boards, departments and offices of Cal/EPA on the goals of the administration, which oversees California Air Resources Board (CARB). The regional AQMD’s are run independent of state government.

We met Mr. Sedlik last May at a CHP Safety Summit at which time we had a side bar meeting with him to discuss the regulatory nightmare regulations proposed for our industry from CARB. We asked who had oversight responsibility for CARB. We told him we felt that this agency was making these new rules that were going to be affecting the construction industry and others without any apparent concern that the ultimate outcome would be to force as many as half our contractors out of business. 

The Governor is trying to bring businesses back to California and at the same time, CARB is driving them out the back door. During our first meeting, Mr. Sedlik said that Cal/EPA was the oversight for CARB. He requested that if we had any additional information to forward to his attention. Since May of 2006, we have been forwarding information that Construction Industry Air Quality Coalition (CIAQC) and Southern California Contractors Association (SCCA) Editor Bill Davis have been publishing regarding the new CARB rules. Our goal was to make sure those at the top had knowledge of what was happening to the construction industry they rely on to build this state’s infrastructure and communities.

In December, we set up a meeting with Mr. Sedlik, John Dunlap, former CARB chair and a CIAQC consultant, Todd Bloomstine SCCA’s legislative advocate and myself to discuss the continued problem industry is facing with the proposed CARB rules that are going to be affecting every contractor and/or equipment owner. 

Mr. Dunlap recalled that, during his tenure at ARB, there was a state requirement that all regulations had to be reviewed by the state Department of Trade and Commerce for impact on the state’s economy. That department was abolished, but many of its functions have been transferred to BT&H. SCCA’s Bloomstine is researching whether that requirement is still in effect. 

Other items in our discussion included:

1. Portable Engine Registration Program (PERP)

• Lack of notification
• Closing of registration
• Unreasonable fines
• Tier 0 Engines – Requested to be able to use through 2007 denied by CARB

2. Specialty Equipment

• Discussed exemptions for specialized equipment
• Minimal hours
• Obsolete equipment, no longer available

3. Cranes

• The Governor continually states that he wants to see California’s infrastructure grow and “see those cranes in the air.” Cranes are a unique class of equipment - very low use, but critical to the construction process. They also have OSHA and manufacturer requirements that prohibit re-powers with new tier engines without specific manufacturer approval because of safety concerns over balance.

• Ports – Re-powering trucks that are cost effective to re-power.
• Construction – Replacing trucks 1993 or older, small business.

5. Effects on Small Business

• Being able to compete in today’s market as a small business may no longer be a vision. Those
• small businesses employ a majority of today’s work force.

6. Caltrans Equipment

• Caltrans has a lot of its own equipment that is old and will not comply.
• We had met with Bob Pieplow, Chief of Construction, prior to this meeting (see below) and discussed the effects that are already problematic, including the probable shortage of contractors bidding their projects due to equipment compliance concerns.

7.  The Bond Initiatives Recently Passed

• The effect that the new CARB rules will have on the budget of the projects being put out to bid.
• BT&H will be getting with Caltrans (and other agencies where appropriate) to see the effect of these new regulations.

      Mr. Sedlik agreed that this should be looked at closer and he was going to talk with Caltrans to see the effects it will be having on their projects. He also felt that there should be a red flag on this project. Mr. Sedlik also requested the latest proposal that industry had submitted, which was CIAQC’s submittal dated October 3, 2006, which we gave to him.

Caltrans
      Also in December, we had a meeting with two top Caltrans chiefs, Bob Pieplow, of Construction and Robert Copp, Office of Truck Services, to discuss the Oversized Permitting side of Caltrans and how it benefits the Construction Division. It sometimes goes unnoticed that the changes we work for (and sometimes the delay in changes) affects even Caltrans’ own projects. We have been meeting for the past few years to see what the concerns of the construction division and how truck services can help by working closely together through the industry. This system has produced great benefits for our industry and with Robert Copp being the new Division Chief for Office of Truck Services; it was the appropriate time to meet again.

Highway Maintenance Signage Confusion
      We recently received a call from a member concerned over the new “Trucks Right Lane Only” signs. This raised concern because the I-15 Freeway recently had road widening completed and new signs erected stating the “Trucks Right Lane Only”. The concern was that when traveling south on the 15 Freeway from Barstow, the signs directed all trucks into one lane, which was forcing loaded and empty trucks all into one uphill lane.  

      We contacted Caltrans and explained the potential problem that these new signs were creating, the potential for an accident. Caltrans researched the situation and has clarified that the intent was not to keep trucks in the right hand lane, but rather keep motor vehicles out of the right hand lane. Caltrans will be changing the signs from Lynwood Rd. to Outlet Center Dr. so as not to confuse drivers and show that trucks may use the #3 lane for passing.

Sacramento County
      We recently had several meetings with Sacramento County officials regarding numerous complaints about a new interpretation of the county’s Holiday Moratorium on transportation.

      We had tried on several occasions since May of this year to resolve the issue. The county scheduled our next meeting on October 6th, where we were told that the Board of Supervisors sent out a memo that stated permit loads were included. We had requested the copy of the memo, so we could meet with the Board and express our concerns, but didn’t receive it until November 13th and found it was from staff and not the board as we had been told and it was dated October 6th, 2006 - the same day as our meeting.
      Tom Zlotkowski, director of Sacramento County DOT has suspended the Holiday Moratorium as it relates to trucking and house moves, which greatly clarified this apparent misunderstanding, so it will be business as usual through the rest of the year. We will be meeting with Sacramento County DOT after the first of the year to further discuss this and other issues. 

Los Angeles County        We recently met with LA County to discuss future changes that will help facilitate oversize movement through the county. We discussed changes in the following for consideration.

1. Annual Permits – We requested additional height on annuals from its current 14’. We discussed that the City of LA has been allowing 16’ in height for their annuals.  We requested that, for the sake of uniformity, the county also start allowing 16’. The county has agreed to review and consider our request. 
2. No Sunday Travel – This was approved a couple years ago, but the county’s computer system automatically prints Yes for Saturday and No for Sunday. This is something that will take some programming and with the current budget may not be possible for a while.  The county has agreed to clarify the language in the permit conditions and/or rider stating that movement is permitted on Sundays. The County’s Permit Conditions supercede their permit.
3. Restricted Route List – Update restricted route list as the list and database don’t match.  For example, Del Amo is not on the list so the database won’t approve the route.  The county will review the current list and make necessary updates.
4. Caltrans Inspection Reports – When a permit for a fixed load such as a crane or crushing plant is applied for a Caltrans Inspection Report is required. Industry is experiencing delays in the permit process due to these Caltrans reports having to be reviewed manually. We suggested that these Caltrans reports become an attachment to the permit to expedite the process. It was agreed that industry would go back and obtain additional information regarding the problem; the county didn’t see it being that significant.
5. Minimum Lighting Requirement – LA County’s light requirement is outdated and no one is sure just where it came from. It was agreed that this policy isn’t something that is being practiced, but needs to be addressed. Industry has agreed to forward backup information on CVC requirements and LA City requirements.
6. Variance/Inspection Loads – Current requirements and concerns:
   • Inspection Limits for Length – The County requires inspectors for all loads exceeding 110’ with non-rear steer units.  We asked that the mandatory inspection be required only on loads exceeding 120’ and 10’ to 12’ wide. 
   • The county is concerned about this issue due to damage done to bridges and other structures, but admits they don’t know who is doing the damage. After further discussion the county agreed to consider our request.
   • High Load Route – Encouraging localities to be in the LA County Permit Program. Industry will submit the list of localities on the high route that aren’t covered by LA County to Kevin Johnson, who will then contact the appropriate department within the county that handles City Services to request those localities to allow the county to issue permits on their behalf.
   • Parking requirements – What are the requirements when a load can’t complete travel? Industry needs to obtain encroachment permits from the particular jurisdiction that the transporter has estimated where they will stop for the night.  It was also discussed that parking areas are becoming rare and need to be improved.

City of San Diego

We were contacted by a member who was having difficulty obtaining final approval on their permits for loads that were being picked up at the Port of San Diego and delivered to Tehachapi. The problem they were experiencing was being compounded by the number of requirements because the size of the loads. The city’s current policy required that the Police Department approve all the loads must be moved at night and that only Single Trip Permits are issued.  The Police Department has to approve each permit by 9:00 a.m.; otherwise it wouldn't be approved until the following day for night or weekend movement. There were approximately 300 loads ranging from 17 high, 15’ 2” wide and 160’ in length – outside the scope of the current city ordinance, which states:

San Diego City 85.21 (b)

      We are here to make your transportation issues as safe and smooth as possible.

Respectfully submitted,

Gregory D. Dineen
Industry Transportation Consultant

cc:        John Hakel, AGC                                  D. Cash Benton, SCCA
            Richard Paine, ECA                              Sam Meyer, MCOG
            Richard Lambros, BIA                          Lee Brown, CDTOA
            Aimee Shook, DCA                               Jeff Hunter, CTTA
            Michael Vlaming, COA                         Michael Lewis, CIAQC
            Doug Ball, SC&RA