BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1720
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          Date of Hearing:   April 28, 2014

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                               Bonnie Lowenthal, Chair
                 AB 1720 (Bloom) - As Introduced:  February 13, 2014
           
          SUBJECT  :  Vehicles: bus gross weight

           SUMMARY  :  Extends for one year, until January 1, 2016, an  
          existing statutory exemption to the 20,500-pound-per-axle weight  
          limit for transit buses for a transit system that is procuring a  
          new bus that is of the same or lesser weight than the bus it is  
          replacing, or for a transit system that is incorporating a new  
          fleet class into its inventory, if the governing board makes  
          certain findings. The bill additionally clarifies that the  
          interim procurement procedures apply to buses of a gross weight  
          of 20,500 pounds over any single axle, not a total bus weight of  
          20,500 pounds.  

           EXISTING LAW  :

          1)Generally limits the gross weight on any one axle for vehicles  
            that travel on public streets, roads, and highways (highways)  
            to 20,000 pounds, but provides that buses of any type may  
            impose a gross axle weight of up to 20,500 pounds.  

          2)Under federal law, prohibits California from enforcing a  
            weight limit of under 24,000 pounds per axle for buses  
            travelling on the federal Interstate highway system.  

          3)Exempts transit buses procured through a solicitation process  
            that was issued before January 1, 2013, from existing  
            statutory limits on bus weights.  

          4)Allows, until January 1, 2015, a publicly owned and operated  
            transit system or an operator of a transit system under  
            contract with a publicly owned and operated transit system to  
            do the following:

             a)   Replace existing buses that exceed the current weight  
               limits with a new model of the same or lower weight.  

             b)   Procure and operate a new bus in excess of the current  
               weight limits in order to incorporate a new fleet class  
               into its inventory, if the governing board adopts a finding  








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               at a public hearing that the change is necessary to address  
               a need to serve a new or existing market pursuant to its  
               most recently adopted short-range transit plan, or to meet  
               federal, state, or regional statutory or regulatory  
               requirements.  

          5)Requires the governing board of a transit system, if it holds  
            a public hearing to consider procurement of buses in excess of  
            existing weight limits pursuant to the above provisions, to  
            provide written notice of the public hearing to those cities  
            and counties on whose roads the busses would travel, and place  
            in the public record any comment or concerns it receives  
            regarding the procurement.  

          6)Defines "fleet class" to mean a group of transit buses that  
            have a combination of two or more of the following similar  
            defining characteristics:

             a)   Length;

             b)   Seating capacity;

             c)   Number of axles;

             d)   Fuel or power system;

             e)   Width;

             f)   Structure; and,

             g)   Equipment package.  

          7)Prohibits transit busses from operating on the Interstate  
            highway system in excess of federal weight limitations.  

          8)Requires state agencies to take into account vehicle weight  
            impacts and the ability of vehicle manufacturers and operators  
            to comply with laws limiting the weight of vehicles when  
            promulgating regulations.  

           FISCAL EFFECT  :  None

           COMMENTS  :  Since 1975, state law has prohibited the gross weight  
          on any single axle of a transit bus from exceeding 20,500  
          pounds.  Due to numerous state and federal mandates, including  








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          Americans with Disability Act requirements and mandated  
          emissions reduction equipment, transit buses today often exceed  
          that weight, especially when carrying a large number of  
          passengers.  According to the sponsor, the California Transit  
          Association (CTA), as many as half of the transit buses in  
          California operating at peak commute times may exceed the state  
          weight limit of 20,500 pounds per axle. However, during non-peak  
          times, this percentage drops significantly due to lower  
          ridership loads.  

          Several years ago, some local police departments began citing  
          transit buses for violating the weight limit.  Merely relying on  
          the current procedures in state law for overweight  
          vehicles-paying fines resulting from citations or paying fees  
          and administering thousands of annual overweight vehicle permits  
          on a city-by-city basis-would be costly and time consuming for  
          transit agencies and other local governments statewide.   
          Moreover, such an approach would continue to ignore the  
          underlying problem: the Vehicle Code limit was created more than  
          35 years ago and simply did not contemplate today's operating  
          environments or legal and regulatory requirements.  However,  
          simply increasing the weight limit for transit buses is not as  
          easy as it might sound because for cities and counties, more  
          weight equals greater wear and tear on local streets and roads.   


          AB 1706 (Eng), Chapter 771, Statutes of 2012, offered a  
          short-term solution to the bus axle weight issue by exempting  
          all existing transit buses from the state weight limit. The bill  
          additionally allowed for procurement of new buses exceeded the  
          weight limit if they were replacing existing overweight buses or  
          if the transit operator was introducing a new fleet class. The  
          procurement provisions are scheduled to sunset at the end of the  
          year. AB 1760's temporary fix to the bus axle weight issue came  
          about after stakeholders-including cities, counties, transit  
          agencies, and representatives from various state departments and  
          agencies-put considerable effort into finding a permanent  
          solution to the issue without coming to agreement.  

          The federal Transit Cooperative Research Program (TCRP), an arm  
          of the Transportation Research Board backed by the National  
          Academy of Sciences, is currently overseeing a detailed national  
          study on the bus axle weight issue, which has been a subject of  
          concern not just in California but nationwide.  The final report  
          is due in May.  The panel overseeing the work of the contractor  








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          selected to do the study includes representatives from national  
          association of cities, counties, public transit agencies, bus  
          suppliers, public works engineers, and state transportation  
          officials.  The report is expected to be the most comprehensive  
          look at the issue to date and is expected to provide a wealth of  
          data and information that will be helpful in crafting a  
          long-term solution for California.  

          Once the TCRP study is released, California stakeholders will  
          reconvene with the goal of crafting a long-term solution to the  
          issue that works for all parties. In the meantime, this bill  
          extends the procurement provisions of AB 1706 for an additional  
          year in order to provide adequate time for stakeholders to work  
          out a permanent solution while ensuring that transit operators  
          can continue to procure buses should it take beyond this year  
          for an agreement to be reached.  

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Transit Association (sponsor)
          California Association for Coordinated Transportation
          California State Association of Counties
          City of Santa Monica
          Los Angeles County Metropolitan Transportation Authority
          Orange County Transportation Authority
          San Mateo County Transit District
          Santa Clara Valley Transportation Authority
          Transportation Authority of Marin

           Opposition 
           
          None on file
           

          Analysis Prepared by  :   Anya Lawler / TRANS. / (916) 319-2093