BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                  AB 2200|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                 THIRD READING


          Bill No:  AB 2200
          Author:   Ma (D), et al.
          Amended:  8/23/12 in Senate
          Vote:     21

           
           SENATE TRANSPORTATION & HOUSING COMMITTEE  :  7-1, 7/3/12
          AYES:  Gaines, Kehoe, Lowenthal, Pavley, Rubio, Simitian, 
            Wyland
          NOES:  DeSaulnier
          NO VOTE RECORDED:  Harman

           SENATE APPROPRIATIONS COMMITTEE  :  7-0, 8/6/12
          AYES:  Kehoe, Walters, Alquist, Dutton, Lieu, Price, 
            Steinberg

           ASSEMBLY FLOOR  :  52-16, 5/29/12 - See last page for vote


           SUBJECT  :    Vehicles:  high-occupancy vehicle lanes

           SOURCE  :     Author


           DIGEST  :    This bill eliminates, until January 1, 2020, or 
          as specified, the high-occupancy vehicle (HOV) lanes in the 
          Interstate 80 (I-80) corridor within the San Francisco Bay 
          Area during the morning reverse commute time period.

           Senate Floor Amendments  of 8/23/12 permit the Director of 
          the Department of Transportation (Caltrans) to sunset this 
          legislation before January 1, 2020 if he or she determines 
          that the HOV lanes have been converted to high-occupancy 
                                                           CONTINUED





                                                               AB 2200
                                                                Page 
          2

          toll lanes, consistent with current plans of the San 
          Francisco Bay Area's metropolitan planning organization, 
          and add Senator LaMalfa as a coauthor.

           ANALYSIS  :    Existing law permits Caltrans or local 
          transportation agencies to designate highway lanes as HOV 
          lanes, granting access only to vehicles with more than one 
          occupant.  Prior to establishing these HOV lanes, Caltrans 
          or the transportation agency must conduct traffic 
          engineering studies to determine the effect these lanes may 
          have on the highway's safety, congestion, and capacity.

          Federal law vests state departments of transportation with 
          the responsibility for establishing occupancy requirements 
          for vehicles accessing HOV lanes.  In the Bay Area, HOV 
          lane location and occupancy decisions are made jointly 
          between Caltrans, the Metropolitan Transportation 
          Commission (MTC), and the Federal Highway Administration.

          This bill:

          1. Eliminates the HOV lanes in the I-80 corridor within 
             MTC's jurisdiction during the morning reverse commute 
             time period.  This bill defines the morning reverse 
             commute time period on I-80 as 5 a.m. to 10 a.m. 

          2. Sunsets on January 1, 2020, or until the Director of 
             Caltrans determine that the lanes designated for HOV 
             have been converted to high-occupancy toll lanes, and 
             files that determination with the Secretary of State.

           Comments  
           
           This bill grants access to the HOV lane to any vehicle 
          during the reverse commute on I-80 from the Carquinez 
          Bridge to the Bay Bridge.  The author's office contends 
          this is necessary to make the underutilized HOV lane 
          available to all drivers and relieve congestion in the rest 
          of the lanes travelling that direction.  Caltrans states 
          that the ideal capacity of HOV lanes is between 1,600 and 
          1,650 vehicles per hour.  According to the author's office, 
          in 2002 only 200 to 700 vehicles accessed the HOV lanes per 
          hour during the reverse commute time period.  Further, a 
          Legislative Analyst's Office report from January 2000 

                                                           CONTINUED





                                                               AB 2200
                                                                Page 
          3

          stated that HOV lanes statewide were only operating at 
          two-thirds capacity.  Relying on this data, the author's 
          office concludes that drivers have not fully utilized these 
          HOV lanes and therefore eliminating the HOV access 
          requirement will not adversely impact HOV lane users.  At 
          the same time, this bill will relieve congestion in the 
          other lanes.

           Caltrans recent traffic study  .  In May 2012, Caltrans 
          collected travel time data on the Alameda County segment of 
          I-80, because it historically suffers from the most 
          congestion in the corridor.  Based on this traffic study, 
          Caltrans draws two conclusions.  First, eliminating the 
          eastbound HOV restriction during the reverse commute period 
          is not expected to have any impact on congestion, because 
          both the HOV and regular lanes currently operate at or near 
          the speed limit with little or no delays.  Second, Caltrans 
          concludes that eliminating the westbound HOV restriction 
          during the reverse commute period will result in adverse 
          traffic impacts; the overall delay for all westbound 
          vehicles would not be improved while higher-occupant 
          vehicles would experience significantly more delay.  These 
          findings suggest that changes made by this bill will not 
          result in congestion relief in either direction.

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

          According to the Senate Appropriations Committee, one-time 
          costs of up to $175,000 in 2012-13 (State Highway Account) 
          to replace 45 barrier-mounted and ground-mounted signs and 
          three overhead HOV signs, including costs for traffic 
          control measures, and a public information campaign to 
          alert motorists of the change.  Equivalent one-time costs 
          in 2019-20 to replace signs when the statute sunsets.

           SUPPORT  :   (Verified  8/27/12)

          American Federation of State, County and Municipal 
          Employees
          California Trucking Association 
          West Coast Aggregates, Inc.

           OPPOSITION  :    (Verified  8/27/12)

                                                           CONTINUED





                                                               AB 2200
                                                                Page 
          4


          Alameda County Transportation Commission
          Alameda-Contra Costa Transit District
          Contra Costa Transportation Authority
          Natural Resources Defense Council
          Planning and Conservation League
          Sierra Club California
          Solano Transportation Authority
          Transform
          West Contra Costa Transportation Advisory Committee

           ARGUMENTS IN SUPPORT  :    The West Coast Aggregates, Inc. 
          states in support, "High-occupancy vehicle (HOV) lanes play 
          an essential role for traffic demand management and for 
          improving overall mobility by increasing 
          persons-throughput.  The Legislature intended HOV lanes to 
          reduce congestion, improve air quality, promote 
          ridesharing, and maximize the capacity of California's 
          highways.

          "While increasing highway utilization is a commendable 
          goal, the HOV 3+ passenger requirement in an attempt to 
          achieve the goal has not been flexible enough to achieve 
          full utilization.  Data collected by the Department of 
          Transportation on HOV Volumes from 1999 to present from the 
          I-80 Corridor Carquinez Bridge to Bay Bridge Plaza has 
          shown that the HOV lane is not fully utilized, particularly 
          during the reverse commute.

          "In 2002, the HOV lane carried nearly 1,700 vehicles during 
          the morning peak-hour commute going Westbound, but only 
          carried 199 vehicles during the morning commute going 
          Eastbound.  In addition, a 2000 LAO study on HOV lanes 
          cited that HOV lanes were only operating at 2/3 of their 
          capacity and that CalTrans should be more flexible in 
          adjusting the hours of operating of HOV lanes."

           ARGUMENTS IN OPPOSITION  :    Opponents of this bill have 
          raised a number of concerns.  First, opponents argue that 
          eliminating HOV lanes in the corridor will effectively 
          eliminate the ability of transit systems to more quickly 
          and reliably transport riders to and from their 
          destinations.  This, in turn, will likely diminish or 
          remove the incentive for many to choose transit.  In 

                                                           CONTINUED





                                                               AB 2200
                                                                Page 
          5

          addition, local transportation agencies are concerned that, 
          while this corridor may not currently be heavily utilized 
          at all times, this bill does not take into account the 
          anticipated increase of traffic over the next two decades.  
          Some studies predict traffic in the off-peak direction will 
          increase along the I-80 corridor as much as 43 percent over 
          the next 20 years.    

          Finally, opponents suggest that, due to their complicated 
          and controversial nature, changes to HOV occupancy 
          requirements and operational periods should be based upon 
          detailed technical analysis conducted by traffic operations 
          experts and should be well-vetted with affected 
          stakeholders.  The local transportation agencies 
          representing many drivers directly affected by this bill 
          indicate that the author did not discuss this proposal with 
          them nor attempt to gain their support.  Opponents are 
          concerned about the precedent this bill would set for the 
          Legislature to make uninformed decisions involving regional 
          transportation systems.  
           
           ASSEMBLY FLOOR  :  52-16, 5/29/12
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Bill 
            Berryhill, Block, Blumenfield, Bradford, Brownley, 
            Butler, Charles Calderon, Campos, Carter, Cook, Davis, 
            Eng, Feuer, Fong, Fuentes, Furutani, Galgiani, Garrick, 
            Gatto, Grove, Hagman, Halderman, Roger Hernández, Hill, 
            Huber, Huffman, Jeffries, Jones, Knight, Lara, Bonnie 
            Lowenthal, Ma, Mendoza, Mitchell, Monning, Nestande, 
            Olsen, Pan, Perea, V. Manuel Pérez, Portantino, Silva, 
            Smyth, Solorio, Swanson, Torres, John A. Pérez
          NOES:  Beall, Buchanan, Conway, Donnelly, Beth Gaines, 
            Gorell, Harkey, Hayashi, Logue, Mansoor, Miller, Morrell, 
            Nielsen, Norby, Valadao, Wagner
          NO VOTE RECORDED:  Bonilla, Cedillo, Chesbro, Dickinson, 
            Fletcher, Gordon, Hall, Hueso, Skinner, Wieckowski, 
            Williams, Yamada


          JJA:dn   8/27/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****

                                                           CONTINUED





                                                               AB 2200
                                                                Page 
          6

          












































                                                           CONTINUED