BILL ANALYSIS                                                                                                                                                                                                    Ó


          |SENATE RULES COMMITTEE            |                  AB 1041|
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                                 THIRD READING

          Bill No:  AB 1041
          Author:   Ma (D)
          Amended:  7/12/11 in Senate
          Vote:     21

          AYES:  DeSaulnier, Gaines, Harman, Huff, Kehoe, Lowenthal, 
            Pavley, Rubio, Simitian

           SENATE JUDICIARY COMMITTEE  :  2-2 (Fail), 6/28/11
          AYES:  Blakeslee, Leno
          NOES:  Evans, Corbett
          NO VOTE RECORDED:  Harman

           SENATE JUDICIARY COMMITTEE  :  3-2, 7/5/11
          AYES:  Harman, Blakeslee, Leno
          NOES:  Evans, Corbett

           ASSEMBLY FLOOR  :  70-2, 5/9/11 - See last page for vote

            SUBJECT  :    Video enforcement of transit lane parking 
                      violations in 
           San Francisco

           SOURCE  :     City and County of San Francisco
                      San Francisco Municipal Transportation Agency

           DIGEST  :    This bill extends the authority of the City and 
          County of San Francisco to use automated parking control 
          devices (i.e., video cameras) on public transit vehicles to 


                                                               AB 1041

          enforce transit lane parking violations until 
          January 1, 2016, and expands the program to any transit 
          lane within the city, and remove the prohibition on 
          wireless transmission of video images.

           ANALYSIS  :    AB 101 (Ma), Chapter 377, Statutes of 2007, 
          allows San Francisco, until January 1, 2012, to install 
          video cameras on city-owned public transit vehicles for the 
          purpose of videotaping parking violations occurring in 
          specified transit-only traffic lanes.  Under current law, a 
          designated city employee qualified to issue parking 
          citations must review the videotaped recordings to 
          determine if a parking violation has occurred in a 
          transit-only traffic lane.  The employee may issue a 
          citation within 15 days of the violation by depositing the 
          notice in the mail to the registered owner's last known 
          address listed with the Department of Motor Vehicles.  The 
          citation must identify the vehicle and include the 
          violation, the payment due date, the process of paying or 
          contesting the citation, and information on how to review 
          the video image evidence.  The registered owner may review 
          the video image evidence during normal business hours at no 
          cost.  Consistent with current law for regular parking 
          violations, the owner may request an initial review of the 
          citation and may contest the citation in an administrative 
          hearing and, ultimately, in court.  

          San Francisco may retain video image evidence for up to six 
          months or 60 days after final disposition of the citation, 
          whichever is later.  The city must destroy video image 
          evidence that does not contain evidence of a parking 
          violation within 15 days.  Video image records are 
          confidential, and public agencies may use and allow access 
          to these records only for the purpose of enforcing 
          transit-lane parking prohibitions.  The city may not 
          wirelessly transmit video images from this program.  
          Current law also required San Francisco to report to the 
          transportation committees of the Legislature by March 1, 
          2011 on the program's effectiveness.

          This bill:

          1. Extends the authorization for San Francisco to use 
             cameras to enforce parking violations in transit-only 


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             traffic lanes until January 1, 2016, and requires an 
             evaluation of the effectiveness and impact on privacy of 
             the program to be submitted to the transportation and 
             judiciary committees of the Legislature by March 1, 
             2015, as specified.

          2. Requires the automated parking control devices to record 
             the date and time of the violation at the same time as 
             the video images are captured.

          3. Redefines "transit-only traffic lane" to mean designated 
             transit-only lanes on which use is restricted to mass 
             transit vehicles, or other designated vehicles including 
             taxis and vanpools, during posted times.

          4. Removes the prohibition on the wireless transmission of 
             video images.

           Report on the pilot  .  On March 24, 2011, Muni provided the 
          Legislature with the statutorily required report on results 
          of the transit lane video enforcement project to date.  
          Muni began implementation of the project on January 1, 
          2009.  As a result of the project, transit lane citations 
          have risen from 16 per month in 2008 to 175 per month in 
          2010.  Over time, however, the types of cited violations 
          have changed.  In 2009, the city issued 77 percent of 
          citations for parking in a bus zone and double parking in a 
          transit lane.  In 2010, the number of citations for these 
          two offenses declined to 26 percent, and the city issued 
          the large majority of citations for parking in a tow away 
          zone (i.e., a space where parking is allowed during 
          non-peak hours but prohibited during peak hours to clear an 
          additional lane for transit use).  According to the report: 

            "After the first year the reviewers observed cars moving 
            as they saw buses approaching to avoid risking a citation 
            in case the bus had a camera?.With the tow away zones, 
            the reverse seems to be true.  The public seems to forget 
            the approaching buses are likely to have a camera and 
            remain in the tow away zone well after the camera has 
            recorded a violation."

          While reviewers observed driver behaviors change, the 


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          report found no statistically significant change in average 
          bus run times in the second year of the project.  With 
          respect to lessons learned, the report found that until 
          processes are automated, citation issuance will remain 
          highly labor-intensive, that assigning camera-equipped 
          buses to routes with transit-only lanes is essential, and 
          that on-going public awareness is critical to achieve 
          behavior changes.  The report recommended:

          1. Pursuing legislation to allow for secure automatic 
             wireless uploads of video evidence and to allow video 
             enforcement on future transit-only lanes, not just those 
             in place when AB 101 took effect.

          2. Increasing public awareness of transit lane rules and 
             hours of operation and of the video enforcement program.

          3. Addressing identified technical, staffing, and 
             coordination issues and, to the extent possible, 
             equipping the entire fleet with video cameras.

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

           SUPPORT  :   (Verified  7/12/11)

          City and County of San Francisco (co-source)  
          San Francisco Municipal Transportation Agency (co-source)
          California Public Parking Association
          California Transit Association

           ARGUMENTS IN SUPPORT  :    According to the author:

            "As a method to reduce the congestion and accidents 
            within the City of San Francisco, AB 101 (Chaptered in 
            2008), implemented a pilot program that enforces parking 
            violations in transit-only traffic lanes through video 
            camera evidence.

            "In January 2008 the San Francisco Municipal 
            Transportation Agency (SFMTA) launched the transit Lane 
            Enforcement Pilot project.  This program allows the 
            placement of forward-facing cameras on Muni vehicles to 
            detect violations of parking restrictions in transit-only 


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            lanes, and issue parking citations based on video 
            evidence.  The forward facing cameras are aimed to allow 
            traffic, including Muni vehicles, to move quickly and 
            efficiently through the City.  Existing law requires that 
            the video image records be confidential and available 
            only to public agencies to enforce parking violations.  

            "As required by AB 101, a study was conducted to 
            determine the success of the pilot program.  Since the 
            start of the pilot program, results have shown a 
            significant decrease in the number of transit lane 
            violations.  During the initial three-month phase of the 
            pilot, the camera-equipped vehicles traveled on Mission 
            Street between Main Street and 11th Street and on Geary 
            Street between Market Street and Gough Street during 
            posted enforcement hours.

            "It is evident that this pilot program is working.  
            According to the San Francisco Municipal Transportation 
            Agency (SFMTA), fewer cars are parking in transit lanes 
            based on the reduction of tickets issued for transit lane 
            violations.  From 2009 to 2010, there has been a 47% 
            decrease in bus zone violations, and a 44% decrease for 
            double parking violations in transit lanes.

            "The benefits derived from the pilot project include: 
            noticeable driver response to approaching transit 
            vehicles, reduction in potential accidents, and Ý] 
            reliable and predictable bus travel time on congested 
            AB 101 maintains this important program as a permanent 
            method of reducing traffic, street congestion, and our 
            carbon footprint."

           ASSEMBLY FLOOR  :  70-2, 5/9/11
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, 
            Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Charles Calderon, Campos, Carter, 
            Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, Eng, 
            Feuer, Fletcher, Fong, Fuentes, Furutani, Galgiani, 
            Gatto, Gordon, Grove, Hagman, Halderman, Hall, Harkey, 
            Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, 
            Jeffries, Lara, Logue, Bonnie Lowenthal, Ma, Mendoza, 


                                                               AB 1041

            Miller, Mitchell, Monning, Nestande, Nielsen, Norby, 
            Olsen, Pan, Perea, V. Manuel Pérez, Portantino, Silva, 
            Skinner, Solorio, Swanson, Torres, Valadao, Wagner, 
            Wieckowski, Williams, Yamada, John A. Pérez
          NOES:  Donnelly, Knight
          NO VOTE RECORDED:  Butler, Garrick, Gorell, Jones, Mansoor, 
            Morrell, Smyth, Vacancy

          JJA:kc  7/12/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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