BILL ANALYSIS                                                                                                                                                                                                    �



                                                                            



           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                        AB 405|
          |Office of Senate Floor Analyses   |                              |
          |1020 N Street, Suite 524          |                              |
          |(916) 651-1520         Fax: (916) |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 
           
                                           
                                    THIRD READING


          Bill No:  AB 405
          Author:   Gatto (D)
          Amended:  6/27/13 in Senate
          Vote:     21


           SENATE TRANSPORTATION & HOUSING COMMITTEE  :  10-0, 6/25/13
          AYES:  DeSaulnier, Gaines, Beall, Cannella, Galgiani, Hueso,  
            Lara, Liu, Roth, Wyland
          NO VOTE RECORDED:  Pavley

           SENATE APPROPRIATIONS COMMITTEE :  7-0, 8/30/13
          AYES:  De Le�n, Walters, Gaines, Hill, Lara, Padilla, Steinberg

           ASSEMBLY FLOOR  :  72-0, 5/30/13 - See last page for vote


           SUBJECT  :    High-occupancy vehicle lanes in Los Angeles County

           SOURCE  :     Author


           DIGEST  :    This bill restricts the hours of operation of  
          high-occupancy vehicle lanes on State Highway Route (SR) 134 and  
          SR 210 in Los Angeles County.

           ANALYSIS  :    Existing law permits the Department of  
          Transportation (Caltrans) or local transportation agencies to  
          designate particular segments of highway lanes as exclusive or  
          preferential lanes for high-occupancy vehicles (HOV lanes),  
          granting access only to vehicles with more than one occupant.   
          Prior to establishing an HOV lane, existing law requires  
          Caltrans or the local transportation agency to complete a  
                                                                CONTINUED





                                                                     AB 405
                                                                     Page  
          2

          traffic engineering assessment of the proposed HOV lane on  
          safety, congestion, and highway capacity.

          In some instances HOV lanes are only restricted to  
          high-occupancy vehicles at certain specified times of day when  
          congestion is generally heaviest, and available to any vehicle  
          during less-congested times.  In other instances, HOV lanes are  
          restricted to high-occupancy vehicles all hours of the day  
          regardless of congestion levels.

          This bill, as of July 1, 2014, restricts the hours of operation  
          of any HOV lanes on SR 134 between SR 170 and SR 210 and HOV  
          lanes on SR 210 between SR 134 and SR 57 in Los Angeles County  
          to the times of day with heavy commuter traffic, as determined  
          by Caltrans.  In addition, this bill requires Caltrans to report  
          to the Legislature on the traffic impact of limiting operations  
          of these HOV lanes by January 1, 2016.  Finally, this bill  
          allows Caltrans to reinstate 24-hour HOV lanes on or after May  
          1, 2015, if Caltrans determines that restricting the hours of  
          operation has created an adverse impact on safety, congestion,  
          or the environment, and submits a notice of such determination  
          to the Legislature.

           Background
           
          Potentially-concerning precedent  .  Environmental advocates claim  
          that HOV lanes are a proven way to encourage carpooling, reduce  
          congestion, and manage traffic without adding new  
          general-purpose lanes.  HOV lanes can be challenging to  
          implement, however, due to general assumptions made by the  
          affected public that they provide little benefit to average  
          drivers and do not relieve congestion.  Advocates for HOV lanes  
          suggest that, due to their complicated and controversial nature,  
          changes to HOV lane restrictions such as operational periods and  
          occupancy requirements should be based upon detailed technical  
          analyses conducted by traffic operations experts and not driven  
          by general assumptions or anecdotal experience.  Some are  
          concerned about the precedent this bill would set for the  
          Legislature to make decisions involving HOV lanes without basing  
          those decisions on sound traffic engineering studies.

           Previous Legislation

           AB 2200 (Ma, 2012) suspended the HOV lane on eastbound  

                                                                CONTINUED





                                                                     AB 405
                                                                     Page  
          3

          Interstate 80 in the San Francisco Bay Area during the morning  
          commute.  That bill passed the Legislature but ultimately was  
          vetoed by Governor Brown.  In his veto message, the Governor  
          stated:

               "Encouraging carpooling is important to reduce pollution  
               and make more efficient use of our highways.  This bill  
               goes in a wrong direction."

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

          According to the Senate Appropriations Committee:

           One-time Caltrans costs of $482,000 in 2013-14 to replace HOV  
            lane signage to indicate limited hours of operation (State  
            Highway Account).  These costs reflect replacement of 35  
            overhead signs, at a cost of $10,000 each, and 132 ground- or  
            barrier-mounted signs, at a cost of $1,000 each.

           Potential future one-time costs of $482,000 for signage  
            replacement to the extent that the lanes are converted back to  
            full-time operation following a Caltrans determination that  
            part-time operation had specified adverse impacts (State  
            Highway Account).

           Minor and absorbable one-time costs in 2015-16 for Caltrans to  
            report on the impact of limiting HOV lane use to periods of  
            heavy commuter traffic (State Highway Fund).

           SUPPORT  :   (Verified  8/30/13)

          Automobile Club of Southern California
          California Trucking Association
          City of Azusa
          Los Angeles County Metropolitan Transportation Authority
          San Fernando Valley & Region United Chambers of Commerce

           OPPOSITION  :    (Verified  8/30/13)

          Sierra Club California


           ARGUMENTS IN SUPPORT  :    According to the author, the 24-hour  

                                                                CONTINUED





                                                                     AB 405
                                                                     Page  
          4

          HOV lane restrictions in Southern California lead to motorists  
          frequently being caught in bumper-to-bumper congestion at odd  
          hours of the night while the HOV lane remains empty.  The author  
          contends that this bill resolves this issue on SR 134 and SR 210  
          by mandating that Caltrans only restrict access to the HOV lanes  
          on these highways during the most congested times of day, as  
          determined by Caltrans.

           ASSEMBLY FLOOR  :  72-0, 5/30/13
          AYES:  Achadjian, Alejo, Allen, Atkins, Bigelow, Bloom,  
            Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,  
            Buchanan, Ian Calderon, Campos, Chau, Ch�vez, Conway, Cooley,  
            Dahle, Daly, Donnelly, Eggman, Fong, Fox, Frazier, Beth  
            Gaines, Garcia, Gatto, Gomez, Gonzalez, Gorell, Gray, Grove,  
            Hagman, Hall, Harkey, Roger Hern�ndez, Jones, Jones-Sawyer,  
            Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor,  
            Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,  
            Nestande, Olsen, Pan, Patterson, Perea, V. Manuel P�rez,  
            Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone, Wagner,  
            Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, John A.  
            P�rez
          NO VOTE RECORDED:  Ammiano, Chesbro, Dickinson, Gordon, Holden,  
            Nazarian, Ting, Vacancy


          JA:ej  8/31/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

                                   ****  END  ****















                                                                CONTINUED