BILL ANALYSIS Ó
AB 946
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CONCURRENCE IN SENATE AMENDMENTS
AB 946 (Stone)
As Amended June 26, 2013
Majority vote
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|ASSEMBLY: |74-0 |(May 23, 2013) |SENATE: |35-0 |(September 3, |
| | | | | |2013) |
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Original Committee Reference: L. GOV.
SUMMARY : Allows the Monterey-Salinas Transit District and the
Santa Cruz Metropolitan Transit District, with the approval of
the Department of Transportation and the California Highway
Patrol to conduct a transit bus-only program on the shoulders of
certain highways.
The Senate amendments :
1)Expand the factors that the Department of Transportation
(Caltrans), the California Highway Patrol (CHP), the
Monterey-Salinas Transit District and the Santa Cruz
Metropolitan Transit District (transit districts) are to use
to jointly determine the segments of each highway where it is
appropriate to designate the shoulders as transit bus-only
traffic corridors, to include, but not be limited to, right of
way availability and capacity, peak congestion hours, and the
most heavily congested areas.
2)Specify that the transit districts shall be responsible for
all costs attributable to the program, including costs related
to repairs attributable to the operation of transit buses on
shoulders.
EXISTING LAW establishes the Monterey-Salinas Transit District
Act and the Santa Cruz Metropolitan Transit District Act of
1967.
AS PASSED BY THE ASSEMBLY , this bill:
1)Allowed the transit districts to conduct a transit bus-only
program using the shoulder of certain highways in the state
highway system within the areas served by the transit
districts, with the approval of Caltrans and CHP.
AB 946
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2)Required the transit districts to actively work with Caltrans
and CHP to develop guidelines that ensure driver and vehicle
safety and the integrity of the infrastructure.
3)Required transparency in the development of the guidelines,
including the opportunity for public comment.
4)Allowed the program to commence operation as soon as Caltrans,
CHP, and the transit districts agree on guidelines.
5)Required the transit districts and Caltrans to jointly
determine segments of each highway where it is appropriate to
designate shoulders as transit bus-only traffic corridors,
based on peak congestion hours and the most heavily congested
areas.
6)Required the transit districts and Caltrans to monitor the
state of repair of highway shoulders used in the program,
including repairs attributable to the operation of transit
buses on the shoulders.
7)Stated that the transit districts are responsible for costs of
the program.
8)Clarified that "highway" includes "freeway."
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : This bill allows the Monterey-Salinas Transit
District and the Santa Cruz Metropolitan Transit District, with
the approval of Caltrans and CHP, to conduct a bus-only program
on the shoulders of highways within the transit districts'
service areas. This bill does not establish specific parameters
for the bus-on-shoulder program and, instead, requires the
transit districts, Caltrans, and CHP to jointly develop
guidelines for the program that ensure driver and vehicle safety
and the integrity of the infrastructure. This bill requires the
guidelines to be developed with transparency, including the
opportunity for public comment, and requires the transit
districts, CHP, and Caltrans to jointly designate which
shoulders will be used for the program based on peak congestion
hours and the most heavily congested areas. Under provisions in
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this bill the transit districts are responsible for the costs of
the program. This bill is sponsored by the Monterey-Salinas
Transit District.
According to the author, "Bus-on-shoulder programs have been
implemented throughout the country, and they have shown shorter,
more consistent commute times and increased ridership without
increases in traffic collisions." The author points to the
success of bus-on-shoulder programs in over a dozen cities in
the United States and Canada, including Minneapolis, which
operates one of the most developed programs covering over 300
miles.
In 2005, the San Diego Association of Governments (SANDAG) in
partnership with the Metropolitan Transit Systems, Caltrans, and
CHP implemented a pilot project to evaluate the effectiveness of
using freeway shoulders for transit lanes. The conclusion of
SANDAG's September 2009 report entitled Bus on Shoulders -
Freeway Transit Lane Monitoring Program stated, "Overall, the
Transit Lanes Demonstration Pilot Project has achieved positive
results with the performance measure and transit criteria on the
highway; yielding strong benefits for transit operations;
receiving positive perceptions from transit drivers and transit
passengers; maintaining desired goals for freeway level of
service and maintenance, and maintaining safety on the highway."
This bill expands the powers of two transit districts without
much guidance as to the guidelines that will govern the program.
Supporters argue that this bill will allow the development of a
partnership that will objectively test the benefits of the
bus-on-shoulder program in a contained, monitored, and safe
setting.
Support arguments: Supporters argue that bus use of shoulders
is a low-cost strategy to improve bus running times and
reliability which improves the services of public transit and
benefits the state economically and environmentally.
Opposition arguments: Opponents may argue that this bill should
include a sunset date to provide the Legislature an opportunity
to examine the benefits and consequences of the bus-on-shoulder
program.
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Analysis Prepared by : Misa Yokoi-Shelton / L. GOV. / (916)
319-3958
FN:
0001499