BILL ANALYSIS Ó AB 946 Page 1 Date of Hearing: April 29, 2013 ASSEMBLY COMMITTEE ON TRANSPORTATION Bonnie Lowenthal, Chair AB 946 (Stone) - As Amended: April 22, 2013 SUBJECT : Transit buses: Counties of Monterey and Santa Cruz SUMMARY : Authorizes transit buses to utilize highway shoulders in certain portions of Monterey and Santa Cruz counties. Specifically, this bill : 1)Authorizes the Monterey-Salinas Transit District (MSTD) and the Santa Cruz Metropolitan Transit District (SMTD), with the approval of the California Department of Transportation (Caltrans) and the California Highway Patrol (CHP), to designate highway shoulders that may be used as bus-only traffic corridors during peak congestion hours (bus on shoulder program). 2)Requires that the participating transit districts actively work with Caltrans and CHP to develop guidelines that ensure driver and vehicle safety and infrastructure integrity for the bus on shoulder program. 3)Requires that the bus on shoulder program be developed with transparency which includes the opportunity for public comment. 4)Requires Caltrans and participating transit districts to monitor of the state of repair of the highway shoulders including needed repairs that may be attributable to the bus on shoulder program. 5)Requires participating transit districts to be responsible for all costs attributable to the bus on shoulder program. 6)Specifies that the bus on shoulder program may commence as soon as guidelines are agreed to by the participating transit districts, Caltrans, and CHP. 7)Defines a "highway" for the purposes of this bill as including a "freeway." 8)Authorizes the operation of a transit bus on the shoulder of a AB 946 Page 2 state highway in conjunction with the implementation of the bus on shoulder program within the areas served by MSTD and SMTD. EXISTING LAW : 1)Creates the MSTD and the SMTD with various powers and duties relative to the operation of public transit in those counties. 2)Generally requires vehicles to ride on the right half of the roadway, including only that portion of the highway that is improved, designed, or ordinarily used for vehicle travel. 3)Generally prohibits the driver of a vehicle from overtaking and passing another vehicle by driving off of the paved or main-traveled portion of the roadway. FISCAL EFFECT : Unknown COMMENTS : According to the author, a number of bus-on-shoulder programs have been implemented throughout the country and these programs have been successful in shortening commute times and increasing transit ridership without increasing the number of collisions. The author notes that successful bus on shoulder programs are being operated in over a dozen cities in the United States and Canada, and that in California, the San Diego Association of Governments (SANDAG) initiated a successful bus on shoulder program in partnership with the Metropolitan Transit Systems, Caltrans, and CHP in 2005. According to SANDAG, the bus on shoulder program achieved in San Diego positive results and that Caltrans is generally supportive of bus on shoulder programs as long as they are authorized to provide prior review and approval of such programs to ensure that the safety, operation, and integrity of highway facilities are maintained. Specifically, Caltrans' interest in providing prior approval stems primarily from concerns that such programs, if not thoughtfully crafted, could introduce conflict with vehicles using the shoulders for emergencies, limit access by emergency vehicles, and increases conflicts between buses and cars as a result of the increased speed differential between buses and vehicles in adjacent lanes. Caltrans also expressed concerns that such programs can impact roadway facilities including guard rails, light standards and pavement. AB 946 Page 3 In 2006, the Transit Cooperative Research Program (TCRP) conducted a comprehensive study which examined jurisdictions that allow buses to use highway shoulders. The study provided guidelines for transit operations, highway design, pavement markings, and implementation. The study concluded that bus on shoulder programs have been proven successful but that success has largely resulted from tailoring the programs to the corridors where they will be used. The study specifically pointed out that transit, highway, and safety agencies must partner together to produce a safe and effective programs. Supporters of this bill point out that allowing transit buses to use highway shoulders is a low-cost strategy to improve bus running times and the reliability of transit systems. They also note that positive passenger perception of travel time savings helps to attract patronage and that passengers who enjoy the feeling of moving faster than the general speed of traffic tend to continue to use public transit. Supporters also note that bus on shoulder programs all to offer benefits of relieving traffic congestion and improving air quality. Double referred: This bill was previously heard in the Assembly Local Government Committee where it was approved 9-0. REGISTERED SUPPORT / OPPOSITION : Support Monterey-Salinas Transit District (sponsor) California Transit Association Fort Ord Reuse Authority Santa Cruz Metropolitan Transit District Opposition None on file Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319- 2093 AB 946 Page 4