BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  AB 1706|
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                                 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 
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          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.

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             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 

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          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 



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           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

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