Amended in Assembly March 14, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 405

Introduced by Assembly Member Gatto

February 15, 2013

An act begin insert to amend Section 149 of, and end insert to add and repeal Section begin delete 21655.95 end delete begin insert 149. end insert begin insert 2 end insert of begin insert , end insert the begin delete Vehicle end delete begin insert Streets and Highways end insert Code, relating to highways.

LEGISLATIVE COUNSEL’S DIGEST

AB 405, as amended, Gatto. Highways: high-occupancy vehicle lanes: begin delete State Highway Route 134. end delete begin insert County of Los Angeles. end insert

Existing law authorizes the Department of Transportation begin delete and local authorities, with respect to highways under their respective jurisdictions end delete , to designate certain lanes for the exclusive or preferential use of high-occupancy vehicles. When those exclusive or preferential use lanes are established and double parallel solid lines are in place to the right thereof, existing law prohibits any person driving a vehicle from crossing over those double lines to enter into or exit from the lanes, and entrance or exit from those lanes is authorized only in areas designated for these purposes or where a single broken line is in place to the right of the lanes, except as specified.

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The bill would permit the department to establish or modify existing high-occupancy vehicle lanes in the County of Los Angeles to provide continuous access to high-occupancy vehicles. The bill would prohibit the department from converting an existing mixed-flow lane in the County of Los Angeles into a high-occupancy vehicle lane.

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begin insert end insert This bill would prohibit, until June 1, 2014, any high-occupancy vehicle lane from being established on begin delete State Highway Route 134 between State Route 170 and Interstate 5 end delete begin insert specified state highway routes in the County of Los Angeles, end insert unless that lane is established as a high-occupancy vehicle lane only during the hours of heavy commuter traffic, as determined by the department. This bill would require any existing high-occupancy vehicle lane established at the specified location to be modified to conform with those requirements. This bill would require the begin delete Legislative Analyst end delete begin insert department end insert to report to the Legislature on the impact on traffic by limiting the use of high-occupancy lanes as provided in the bill.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 149 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

149.  

begin insert (a) end insert begin insert   end insert The department may construct exclusive or
preferential lanes for buses only or for buses and other
high-occupancy vehicles, and may authorize or permit begin delete such end delete
exclusive or preferential use of designated lanes on existing
highways that are part of the State Highway System. Prior to
constructing begin delete such end delete begin insert those end insert lanes, the department shall conduct
competent engineering estimates of the effect of begin delete such end delete begin insert th end insert begin insert e end insert lanes on
safety, congestion, and highway capacity.

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To

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begin insert (b) end insert begin insert   end insert begin insert To end insert the extent they are available, the department may apply
for and use federal begin delete aid end delete funds appropriated for the design,
construction, and use of begin delete such end delete begin insert those end insert exclusive or preferential lanes,
but may also use other State Highway Account funds, including
other federal begin delete aid end delete funds, for those purposes where proper and
desirable.

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(c) Notwithstanding any other law, the department may establish
or modify existing high-occupancy vehicle lanes in the County of
Los Angeles to provide continuous access to buses and other
high-occupancy vehicles.

end insert begin insert

(d) Notwithstanding any other law, the department shall not
convert an existing mixed-flow lane in the County of Los Angeles
into a high-occupancy vehicle lane, unless required by federal
law.

end insert begin delete

This

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begin insert (e) end insert begin insert   end insert begin insert This end insert section shall be known and may be cited as the Carrell
Act.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 149.2 is added to the end insert begin insert Streets and Highways
Code end insert begin insert , to read: end insert

begin insert

begin insert 149.2. end insert   

(a) Notwithstanding any other law, a high-occupancy
vehicle lane shall not be established on State Highway Route 134
between State Highway Route 170 and State Highway Route 5, on
State Highway Route 210 between State Highway Route 134 and
State Highway Route 57, or on any other state highway route
within the County of Los Angeles, as determined by the department,
unless the lane is established as a high-occupancy vehicle lane
only during the hours of heavy commuter traffic, as determined
by the department.

(b) Any existing high-occupancy vehicle lane located as
described in subdivision (a) shall be modified as necessary to
conform with subdivision (a).

(c) (1) The department shall report to the Legislature on or
before July 1, 2015, on the impact on traffic by limiting the use of
high-occupancy vehicle lanes during the hours of heavy commuter
traffic as provided in subdivision (a).

(2) The requirement for submitting a report imposed under
paragraph (1) is inoperative on October 1, 2019, pursuant to
Section 10231.5 of the Government Code.

(3) A report to be submitted pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government
Code.

(d) On or after November 1, 2014, if the department determines
that there is an adverse impact on safety, traffic conditions, or the
environment by limiting the use of high-occupancy vehicle lanes
during the hours of heavy commuter traffic as provided in
subdivision (a), the department may submit to the Legislature a
notice of that determination and intent to reinstate 24-hour
high-occupancy vehicle lanes.

(e) This section shall remain in effect until no less than 60 days
after the date the Legislature receives the notice described in
subdivision (d) and is repealed thereafter.

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SECTION 1.  

Section 21655.95 is added to the Vehicle Code,
to read:

21655.95.  

(a) Notwithstanding any other law, no
high-occupancy vehicle lane may be established on State Highway
Route 134 between State Highway Route 170 and Interstate 5
unless the lane is established as a high-occupancy vehicle lane
only during the hours of heavy commuter traffic, as determined
by the Department of Transportation.

(b) Any existing high-occupancy vehicle lane located as
described in subdivision (a) shall be modified as necessary to
conform with subdivision (a).

(c) The Legislative Analyst shall report to the Legislature on or
before March 31, 2014, on the impact on traffic by limiting the
use of high-occupancy vehicle lanes during the hours of heavy
commuter traffic as provided in subdivision (a).

(d) This section shall become inoperative on June 1, 2014, and,
as of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.

end delete