Assembly OKs Bill Requiring Covers on Sand, Gravel Trucks

California motorists irritated over cracked windshields and pitted paint caused by rocks flying off uncovered trucks might find some relief in legislation narrowly approved Friday by the Assembly.

The measure, which is expected to face continued heavy opposition from truckers and the construction industry when it reaches the Senate, would require covering the cargo sections of sand and gravel trucks with tarpaulins or other materials. Passage came on a 42-18 vote, one more than the simple Assembly majority required.

Insurance companies, which strongly back the proposal because of a deluge of claims filed, estimate that the cost of cracked windshields and other damage from the flying debris at $40 million to $60 million annually in California.

Financial Problems

However, the measure’s Assembly critics maintained that the legislation would accomplish little, because gravel and sand are as likely to leak from the unsealed underside of trucks as from the uncovered tops. They contended that requiring tarpaulins would only add to the financial problems of the construction and trucking industries.

“I think we should start doing something for these people instead of against them,” said Assemblyman Norm Waters (D-Plymouth), whose Northern California district includes sand and gravel operations as a major employer.

As an indication of the strength of the opposition, it took five roll call votes before the measure’s author, Assemblyman Richard Katz (D-Sepulveda), was able to line up sufficient support for passage.

It was pointed out during debate, however, that several members of the Assembly had personal reasons for seeing the proposal enacted. Assemblyman Rusty Areias (D-Los Banos), who noted that he had lost three windshields to flying sand and gravel, is a sports car enthusiast who drives a Porsche. In addition, Assembly Speaker Willie Brown (D-San Francisco) owns a $100,000 Ferrari Testarossa and leases a Corvette from the state.

“Someone who drives a red Ferrari Testarossa could explain to you what sand does to a paint job,” Katz reminded his Assembly critics.

Similar legislation was introduced previously but “was defeated by powerful special interests,” Katz added.

Fighting Bill

He also charged that construction and trucking lobbyists fighting his bill called Gov. George Deukmejian last week and, as a result, the California Highway Patrol, which had strongly backed the sand and gravel measure, has since become neutral on the proposal.

Deukmejian deputy press secretary Kevin Brett confirmed that aides to the governor had directed the patrol to drop its support of the legislation. However, Brett said the reason was that “there are strong arguments on both sides.” He added that “I don’t have any knowledge” that a lobbyist’s phone call had prompted the governor’s order.

In other legislative action Friday, the Senate passed three spending bills, including a $6-million tax break for farmers.

The tax relief bill, part of Deukmejian’s “rural renaissance” program to aid financially distressed segments of the agriculture industry, would allow growers to carry operating losses forward from one year to the next. This would provide farmers with tax write-offs in profitable years, rather than forcing them to declare the losses in lean years.

The measure, by Sens. Henry J. Mello (D-Watsonville) and Rose Ann Vuich (D-Dinuba), was approved 31 to 0 and sent to the Assembly.

The upper house also sent to the Assembly legislation by Sen. Wadie P. Deddeh (D-Chula Vista) that would provide educational and vocational counseling to seventh- and eighth-grade students. The measure, approved 24 to 7, would cost $6.1 million.

The third bill, by Sen. Gary K. Hart (D-Santa Barbara), would create a program to detect cases of infant abuse, with emphasis on babies born into families with a history of child abuse or parental drug addiction. The measure was sent to the Assembly on a 24-8 vote.