BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1706| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 1706 Author: Eng (D) Amended: 8/21/12 in Senate Vote: 21 SENATE TRANSPORTATION & HOUSING COMM : 8-0, 7/3/12 AYES: DeSaulnier, Gaines, Kehoe, Lowenthal, Pavley, Rubio, Simitian, Wyland NO VOTE RECORDED: Harman SENATE APPROPRIATIONS COMMITTEE : 7-0, 8/13/12 AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price, Steinberg ASSEMBLY FLOOR : 64-8, 5/31/12 - See last page for vote SUBJECT : Vehicles: transit bus weight SOURCE : California Transit Association DIGEST : This bill provides that transit buses procured through a solicitation process which was issued before January 1, 2013, are not subject to the existing statutory limits on bus weights, and allows, until January 1, 2015, a publicly owned and operated transit system to replace existing buses which exceed the current weight limits with a new model with the same or less weight as specified. ANALYSIS : For vehicles that travel on public streets, roads, and highways (highways), existing law generally CONTINUED AB 1706 Page 2 limits the gross weight that wheels on any one axle of any vehicle can impose on the highway to 20,000 pounds. Buses of any type, however, may impose a gross vehicle weight on any one axle of up to 20,500 pounds. This bill: 1.Provides that transit buses procured through a solicitation process which was issued before January 1, 2013, are not subject to the existing statutory limits on bus weights. 2.Allows, until January 1, 2015, a publicly owned and operated transit system or an operator of a transit system under contract with a publicly owned and operated transit system to do the following: A. Replace existing buses which exceed the current weight limits with a new model with the same or less weight. B. Procure and operate a new bus in excess of the current weight limits to incorporate a new fleet class into its inventory if the governing board adopts a finding at a public hearing that the change is necessary to address a need to serve a new or existing market pursuant to its most recently adopted short-range transit plan, or to meet federal, state or regional statutory or regulatory requirements. 1.Requires the governing board provide written notice of the meeting to those cities and counties on whose road the bus would travel, and place in the public record any comment or concerns it receives regarding the procurement. 2.Defines "fleet class" means a group of transit buses which have two or more of the following characteristics: A. Length. B. Seating capacity. C. Number of axles. D. Fuel or power system. E. Width. CONTINUED AB 1706 Page 3 F. Structure. G. Equipment package. 1.Specifies no transit bus shall operate on the highway system in excess of the federal weight limitations. 2.Requires a state agency that is required to promulgate administrative regulations, including, but not limited to, the State Air Resources Board, the California Environmental Protection Agency, the State Energy Resources Conservation and Development Commission, and the Department of Motor Vehicles, take into account vehicle weight impacts and the ability of vehicle manufacturers or vehicle operators to comply with laws limiting the weight of vehicles. Comments State law since 1975 has mandated that the weight on any single axle of a transit bus may not exceed 20,500 pounds. Due to numerous state and federal mandates, including Americans with Disability Act requirements and mandated emissions reduction equipment, transit buses today may often exceed that weight, especially when carrying a large number of passengers. As a result, some local police departments have cited transit buses for violation of the Vehicle Code weight limits. Merely relying on the current procedures in state law for overweight vehicles -- paying fines resulting from citations or paying fees and administering thousands of annual overweight vehicle permits on a city-by-city basis -- will prove costly and time consuming for transit agencies and other local governments statewide. Moreover, such an approach would continue to ignore the underlying problem: the Vehicle Code limit was created more than 35 years ago and simply does not contemplate today's operating environments or legal and regulatory requirements. The author points out that California's public transit systems carry thousands of passengers each day, providing mobility to Californians from all walks of life. Additionally, he notes that public transit is helping to achieve the goals of AB 32 and SB 375 by reducing car CONTINUED AB 1706 Page 4 trips, thereby reducing congestion and greenhouse gas emissions and providing better air quality for California's communities. He introduced this bill because, with the important role that public transit plays, the state needs state and local government stakeholders to collaboratively develop a balanced solution to the problem of overweight buses. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes According to the Senate Appropriations Committee: Unknown, likely moderate costs in any fiscal year to various state agencies to consider vehicle weight impacts and the impact that regulations may have on the ability to comply with statutory weight limits (various special funds). Unquantifiable minor to significant impact on pavement maintenance costs by allowing the operation of overweight transit buses (state highway account, local funds). Due to the numerous factors that may result in pavement degradation, it is impossible to calculate the isolated impacts and costs associated with continued operation of overweight transit buses on state highways and local streets and roads. SUPPORT : (Verified 8/21/12) California Transit Association (source) Alameda - Contra Costa Transit District City of Arcata City of Torrance El Dorado National - California Long Beach Transit Los Angeles County Metropolitan Transportation Authority Metropolitan Transit District Santa Barbara Monterey-Salinas Transit Sacramento Regional Transit District Santa Clara Valley Transportation Authority Santa Cruz Metropolitan Transit District CONTINUED AB 1706 Page 5 ASSEMBLY FLOOR : 64-8, 05/31/12 AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Campos, Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, Eng, Feuer, Fong, Fuentes, Furutani, Galgiani, Garrick, Gatto, Gordon, Hagman, Hall, Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara, Bonnie Lowenthal, Ma, Miller, Mitchell, Monning, Nestande, Pan, Perea, V. Manuel Pérez, Portantino, Silva, Skinner, Smyth, Solorio, Swanson, Torres, Wagner, Wieckowski, Williams, Yamada, John A. Pérez NOES: Beth Gaines, Grove, Halderman, Harkey, Logue, Morrell, Nielsen, Olsen NO VOTE RECORDED: Charles Calderon, Donnelly, Fletcher, Gorell, Mansoor, Mendoza, Norby, Valadao JJA:n 8/21/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED