Amended in Assembly April 1, 2013

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 to amend Section 149 of, and to add and repeal Section 149.2 of, the Streets and Highways Code, relating to highways.

LEGISLATIVE COUNSEL’S DIGEST

AB 405, as amended, Gatto. Highways: high-occupancy vehicle lanes: County of Los Angeles.

Existing law authorizes the Department of Transportation begin delete , 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.

begin delete

The

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begin insert This end insert bill would begin delete 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 end delete 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, begin delete until June 1, 2014 end delete begin insert commencing July 1, 2014 end insert , any high-occupancy vehicle lane from being established on specified begin insert portions of end insert 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 begin delete at end delete begin insert on end insert the specified begin delete location end delete begin insert portions of these routes end insert to be modified to conform with those requirements. begin insert This bill would authorize the department, on or after May 1, 2015, to reinstate 24-hour high-occupancy vehicle lanes on the specified portions of these routes if the department makes a specified determination. end insert This bill would require the 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 exclusive or preferential use
of designated lanes on existing highways that are part of the State
Highway System. Prior to constructing those lanes, the department
shall conduct competent engineering estimates of the effect of the
lanes on safety, congestion, and highway capacity.

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

begin delete

(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 delete begin delete

(d)

end delete

begin insert (c) end insert  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.

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(e)

end delete

begin insert (d) end insert  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,
begin insert or end insert on State Highway Route 210 between State Highway Route
134 and State Highway Route 57, begin delete or on any other state highway
route within the County of Los Angeles, as determined by the
department, end delete 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 begin delete July 1, 2015 end delete begin insert January 1, 2016 end insert , 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 begin delete October 1, 2019 end delete begin insert January 1, 2020 end insert ,
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 begin delete November 1, 2014 end delete begin insert May 1, 2015 end insert , 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.

begin insert

(e) In addition to the routes identified in subdivision (a), the
department is encouraged to introduce offpeak hours on other
high-occupancy vehicle lanes in the County of Los Angeles in order
to provide greater mobility benefits to the community.

end insert begin insert

(f) This section shall become operative on July 1, 2014.

end insert begin delete

(e)

end delete

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