BILL NUMBER: AB 405	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 1, 2013
	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
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 
,  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 
    This  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 
 commencing July 1, 2014  , any high-occupancy vehicle lane
from being established on specified  portions of  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   on  the specified  location
  portions of these routes  to be modified to
conform with those requirements.  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.  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. 
   (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) 
    (c)  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.

   (e) 
    (d)  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,  or
 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   January 1, 2016  ,
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 
 January 1, 2020  , 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   May 1,
2015  , 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) 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.  
   (f) This section shall become operative on July 1, 2014. 

   (e) 
    (g)  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.