BILL ANALYSIS Ó AB 1706 Page 1 ASSEMBLY THIRD READING AB 1706 (Eng) As Amended May 25, 2012 Majority vote TRANSPORTATION 12-0 APPROPRIATIONS 12-5 ----------------------------------------------------------------- |Ayes:|Bonnie Lowenthal, |Ayes:|Fuentes, Blumenfield, | | |Jeffries, Achadjian, | |Bradford, Charles | | |Blumenfield, Bonilla, | |Calderon, Campos, Davis, | | |Buchanan, Eng, Carter, | |Gatto, Ammiano, Hill, | | |Galgiani, Miller, | |Lara, Mitchell, Solorio | | |Portantino, Solorio | | | | | | | | |-----+--------------------------+-----+--------------------------| | | |Nays:|Harkey, Donnelly, | | | | |Nielsen, Norby, Wagner | | | | | | ----------------------------------------------------------------- SUMMARY : Suspends axle weight limits of public transit buses until January 1, 2016. Specifically, this bill : 1)Makes findings and declarations related to public transit systems' benefits, sustainability issues of the transportation system's pavement, and federal study requirements. 2)Repeals, until December 31, 2015, the existing transit bus gross axle weight limit of 20,500 pounds. 3)Establishes, until December 31, 2015, that transit buses are not subject to weight and tire load limits as specified. 4)Allows, until December 31, 2015, public transit agency contracts for the procurement of public transit buses issued after January 1, 2013, to purchase buses that do not exceed 22,400 pounds. 5)Allows, until December 31, 2015, a public agency to incorporate a new fleet class into its inventory under specified conditions. 6)Reestablishes, on January 1, 2016, the transit bus gross axle weight limit of 20,500 pounds. AB 1706 Page 2 7)Requires the Secretary of the Business, Transportation and Housing Agency (Secretary) to convene a task force to oversee the preparation of a report concerning the maximum axle weight limitations in federal and state statutes and to recommend strategies relative to measuring and enforcing transit vehicle weight limits, designing and manufacturing transit vehicles, and updating and utilizing the most effective and efficient pavement design standards when designing and constructing highways and streets and roads, to ensure the sustainability of California's transportation network of highways, streets, roads and public transit systems. 8)Establishes the membership of the task force. 9)Establishes parameters of the report as specified. 10)Requires the Secretary to submit the report to the appropriate Senate and Assembly Committees of the Legislature that oversee transportation issues by January 1, 2015. 11)Appropriates $500,000 from the Public Transportation Account for the development of the report. 12)Repeals the report provisions on January 1, 2019. EXISTING LAW : 1)Establishes the size and weight limits for vehicles operating on the state's highways. For buses, sets the gross weight on any one axle to not exceed 20,500 pounds. 2)Suspends temporarily, under federal law, the axle weight limit of 20,000 pounds for buses operating over the federal Interstate Highway System. Prohibits specified states, including California, or any political subdivision of such states, from enforcing a transit vehicle weight limit of less than 24,000 pounds on the Interstate Highway System. FISCAL EFFECT : According to the Assembly Appropriations Committee: 1)One-time appropriation of $500,000 from the Public Transportation Account to fund the report. AB 1706 Page 3 2)Potential cost pressure of an unknown amount, potentially in the hundreds of thousands of dollars, to the extent the $500,000 appropriation is insufficient to fund the work of the task force. 3)Potential increase in state and local costs of an unknown, but presumably significant amount, as heavier transit vehicles operate on, and create a relatively greater amount of damage to, state highways and local roadways. COMMENTS : A December 2003 federal Department of Transportation/Federal Transit Administration study on bus axle weight limitations indicated that the buses have been operating in excess of the 20,000 pound federal axle weight limits on the Interstate Highway System for over 20 years. The report also indicated that "Since 1992, there has been a permissive arrangement whereby states are not required to enforce axle weight limits for intrastate transit buses." The report further recommended the following approaches used for dealing with overweight transit buses: 1)Some states, particularly in the northeast, have higher axle-weight limits that preempt the federal limits due to grandfather rights. In these states, transit buses with a seated load often remain legal. 2)A number of years ago, bus operators for the Los Angeles County Metropolitan Transportation Authority (MTA) received traffic citations for driving overweight transit buses on Interstate highways. As a result, MTA bought over 90 tandem-axle Neoplan transit buses for freeway operation. 3)Federal law currently allows states to exempt intrastate transit buses from the weight limit. The federal study also recognized that other areas currently have higher axle weight limits than California. The State of Pennsylvania and others have a 22,400 pound axle weight limit. This bill's sponsor, the California Transit Association (CTA), contends that vehicles have increased in weight due to state and federal mandates, as well as to accommodate for higher passenger loads and passenger amenities. They cite clean vehicle fleet AB 1706 Page 4 rules as promulgated by the California Air Resources Board as contributing weight factors especially as compressed natural gas equipment can add around 4,000 pounds to the weight of a bus. Further, they cite additional requirements, such as the federal Americans with Disabilities Act of 1990 (ADA), that requires public transit buses to be equipped with ADA-compliant tools, such as wheelchair lifts, ramps, kneelers, tie-downs, and other equipment. Their contention is that this gear also adds hundreds of pounds of weight to buses, in addition to passengers with wheelchairs, which can add 1,000 pounds of weight for only two passengers in wheelchairs. They claim that these requirements have caused "transit systems to seek compliance with one law while breaking another as a result." Additionally, CTA indicates that buses today carry more passengers than they did in years past. Buses are designed to accommodate more standing passengers, and thus more passengers overall. Also, as average passenger weights in the United States are also increasing, this is a contributing factor that needs to be considered by the task force as proposed by this bill for establishing new public transit bus weight limits. Responding to the need to increase the federal and state public transit bus axle weight limits, local road and state highway maintenance officials indicate that an increase in the axle weight allowances of the buses will result in pavement stress, resulting in higher reconstruction costs for local arterials than state highways. Analysis Prepared by : Ed Imai / TRANS. / (916) 319-2093 FN: 0003872