BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1706
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          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.  








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          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.  








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          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 








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          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 


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