BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                        AB 946|
          |Office of Senate Floor Analyses   |                              |
          |1020 N Street, Suite 524          |                              |
          |(916) 651-1520         Fax: (916) |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 
           
                                           
                                    THIRD READING


          Bill No:  AB 946
          Author:   Stone (D), et al.
          Amended:  6/26/13 in Senate
          Vote:     21

           
           SENATE TRANSPORTATION & HOUSING COMMITTEE  :  11-0, 6/25/13
          AYES:  DeSaulnier, Gaines, Beall, Cannella, Galgiani, Hueso,  
            Lara, Liu, Pavley, Roth, Wyland

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  74-0, 5/23/13 (Consent) - See last page for  
            vote


           SUBJECT  :    Counties of Monterey and Santa Cruz:  transit  
          bus-only corridors

            SOURCE  :     Monterey-Salinas Transit District
                      Santa Cruz Metropolitan Transit District


           DIGEST  :    This bill authorizes the Monterey-Salinas Transit  
          District (MSTD) and Santa Cruz Metropolitan Transit District  
          (SCMTD), in consultation with the Department of Transportation  
          (Caltrans) and the California Highway Patrol (CHP), to designate  
          certain highway shoulders as transit bus-only corridors.

           ANALYSIS  :    

          Existing law:

                                                                CONTINUED





                                                                     AB 946
                                                                     Page  
          2

          1. Authorizes Caltrans to construct exclusive or preferential  
             lanes for buses only, or for buses and other high-occupancy  
             vehicles, or to permit exclusive or preferential use of  
             designated lanes on existing highways that are part of the  
             state highway system.  

          2. Creates MSTD and SCMTD and prescribes the duties and  
             responsibilities of each.

          3. Requires motorists to drive on the right side of the roadway,  
             with specified exceptions such as when the motorist is  
             legally passing another vehicle.

          4. Prohibits motorists from passing on the right, except in  
             specified circumstances if conditions enable the motorist to  
             pass safely, such as when the vehicle overtaken is about to  
             make a left turn.  

          5. Prohibits a motorist from passing on the right if it requires  
             driving off the paved or main-traveled portion of the  
             roadway.

          6. Allows a bicycle to travel on a shoulder of a roadway.

          This bill:

          1. Authorizes MSTD and SCMTD, subject to approval by Caltrans  
             and the CHP, to designate shoulders of certain highways and  
             freeways within those transit districts as transit bus-only  
             corridors (commonly referred to as bus-on-shoulder programs).

          2. Requires MSTD and SCMTD to each determine jointly with  
             Caltrans and the CHP appropriate segments for bus-on-shoulder  
             programs based on factors such as right-of-way availability  
             and capacity, peak congestion hours, and the most heavily  
             congested areas.

          3. Requires MSTD and SCMTD to each work with Caltrans and the  
             CHP, in a transparent manner that includes opportunity for  
             public comment, to develop guidelines to ensure driver and  
             vehicle safety, as well as integrity of the infrastructure.

          4. Requires Caltrans, MSTD, and SCMTD to monitor the state of  
             repair of highway shoulders used in the bus-on-shoulder  

                                                                CONTINUED





                                                                     AB 946
                                                                     Page  
          3

             program, including repairs attributable to the operation of  
             transit buses on the shoulders.

          5. Provides that MSTD and SCMTD shall be responsible for all  
             costs attributable to the bus-on-shoulder program, including  
             costs related repairs attributed to the operation of transit  
             buses on shoulders.

          6. Authorizes the bus-on-shoulder program to commence operation  
             as soon as MSTD, SCMTD, Caltrans, and the CHP have agreed  
             upon guidelines.

          7. Authorizes operation of a transit bus on the shoulder of a  
             state highway in conjunction with a bus-on-shoulder program  
             within the areas served by MSTD and SCMTD.

           Background
           
           Bus-on-shoulder programs  .  A comprehensive 2006 study by the  
          Transit Cooperative Research Program, sponsored by the Federal  
          Transit Administration, found that bus-on-shoulder programs had  
          been working successfully for more than a decade in various  
          parts of the United States.  The study notes that these programs  
          work because they minimize congestion-related interruptions of  
          bus schedules, improve travel times for buses versus cars, are  
          low cost and easy to implement, do not require new  
          rights-of-way, and are not visually obtrusive.  The study also  
          found that these programs are popular with bus passengers and  
          have not drawn significant complaints from motorists.

          In 2005, the San Diego Association of Governments (SANDAG)  
          received a Caltrans grant to evaluate the feasibility of  
          converting freeway shoulder lanes to transit-only lanes.  SANDAG  
          implemented a pilot project, in partnership with the San Diego  
          Metropolitan Transit System (MTS), Caltrans, and the CHP,  
          beginning in December 2005.  The project, which is still in  
          effect, utilizes the freeway shoulder on the MTS Express Route  
          960 on portions of State Route 52 and Interstate 805 as a  
          transit-only lane during morning and evening rush hours when  
          freeway speeds drop below 35 miles per hour.  SANDAG considers  
          the program so successful that it is identifying additional  
          routes for bus-on-shoulder programs.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    

                                                                CONTINUED





                                                                     AB 946
                                                                     Page  
          4

          Local:  No

           SUPPORT  :   (Verified  8/9/13)

          Monterey-Salinas Transit District (co-source)
          Santa Cruz Metropolitan Transit District (co-source)
          California Transit Association


           ARGUMENTS IN SUPPORT  :    The author's office states that Highway  
          1, the primary traffic corridor through Monterey and Santa Cruz  
          Counties, suffers significant congestion during daily work  
          commute times.  By enabling transit buses to utilize highway  
          shoulders, this bill will help ease that congestion.  The  
          sponsors of this bill note that bus-on-shoulder programs are a  
          low-cost strategy to improve transit system reliability and  
          service, as well as an effective method to help relieve traffic  
          congestion and thus improve air quality.


           ASSEMBLY FLOOR  :  74-0, 5/23/13
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,  
            Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,  
            Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,  
            Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,  
            Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell,  
            Gray, Hagman, Hall, Harkey, Roger Hernández, Jones-Sawyer,  
            Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor,  
            Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,  
            Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel  
            Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone,  
            Ting, Wagner, Weber, Wieckowski, Wilk, Williams, Yamada, John  
            A. Pérez
          NO VOTE RECORDED:  Grove, Holden, Jones, Waldron, Vacancy,  
            Vacancy


          JA:d  8/9/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

                                   ****  END  ****
          


                                                                CONTINUED





                                                                     AB 946
                                                                     Page  
          5














































                                                                CONTINUED