BILL NUMBER: AB 405	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 14, 2013

INTRODUCED BY   Assembly Member Gatto

                        FEBRUARY 15, 2013

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 405, as amended, Gatto. Highways: high-occupancy vehicle lanes:
 State Highway Route 134.   County of Los
Angeles. 
   Existing law authorizes the Department of Transportation 
and local authorities, with respect to highways under their
respective jurisdictions  , 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. 
   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.

     This bill would prohibit, until June 1, 2014, any
high-occupancy vehicle lane from being established on  State
Highway Route 134 between State Route 170 and Interstate 5 
 specified state highway routes in the County of Los Angeles,
 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  Legislative Analyst   department
 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:

   SECTION 1.    Section 149 of the   Streets
and Highways Code   is amended to read: 
   149.   (a)    The department may construct
exclusive or preferential lanes for buses only or for buses and other
high-occupancy vehicles, and may authorize or permit  such
 exclusive or preferential use of designated lanes on
existing highways that are part of the State Highway System. Prior to
constructing  such   those  lanes, the
department shall conduct competent engineering estimates of the
effect of  such   th   e  lanes on
safety, congestion, and highway capacity. 
   To 
    (b)     To  the extent they are
available, the department may apply for and use federal  aid
 funds appropriated for the design, construction, and use of
 such   those  exclusive or preferential
lanes, but may also use other State Highway Account funds, including
other federal  aid  funds, for those purposes where
proper and desirable. 
   (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.  
   (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. 

   This 
    (e)     This  section shall be known
and may be cited as the Carrell Act.
  SEC. 2.    Section 149.2 is added to the  
Streets and Highways Code   , to read:  
   149.2.  (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.  
  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.