BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
                              Senator Jim Beall, Chair
                                2015 - 2016  Regular 

          Bill No:          AB 210            Hearing Date:     6/23/2015
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          |Author:   |Gatto                                                 |
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          |Version:  |2/2/2015                                              |
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          |Urgency:  |No                     |Fiscal:      |Yes             |
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          |Consultant|Eric Thronson                                         |
          |:         |                                                      |
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          SUBJECT:  High-occupancy vehicle lanes:  County of Los Angeles


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

          ANALYSIS:
          
          Existing law permits the California Department of Transportation  
          (Caltrans) or local transportation agencies to designate  
          particular segments of highway lanes as exclusive or  
          preferential lanes for HOVs (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 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: 

          1)As of July 1, 2016, restricts the hours of operation of any  
            HOV lanes on SR 134 between SR 170 and SR 210 and HOV lanes on  







          AB 210 (Gatto)                                      Page 2 of ?
          
          
            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.  

          2)Requires Caltrans to report to the Legislature on the traffic  
            impact of limiting operations of these HOV lanes by January 1,  
            2018.  

          3)Allows Caltrans to reinstate 24-hour HOV lanes on or after May  
            1, 2017, 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.
          
          COMMENTS:

          1)Purpose.  According to the author, the 24-hour 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.

          2)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.

          3)Previously vetoed legislation.  Last session, the Legislature  
            passed AB 405 (Gatto), a bill identical to AB 210 except for  
            the specified dates.  AB 405 received only two "NO" votes on  








          AB 210 (Gatto)                                      Page 3 of ?
          
          
            both the Assembly and Senate Floors.  Governor Brown vetoed  
            the bill stating, "Carpool lanes are especially important in  
            Los Angeles County to reduce pollution and maximize use of  
            freeways.  We should retain the current 24/7 carpool lane  
            control."

            Further, in 2012 the Legislature passed and sent to Governor  
            Brown AB 2200 (Ma), which suspended the HOV lane on eastbound  
            Interstate 80 in the San Francisco Bay Area during the morning  
            commute.  That bill was also 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."

            In light of Governor Brown's apparent feeling about bills of  
            this nature, the committee may wish to consider why this bill  
            may enjoy a different fate from last year's effort.
          
          Related Legislation:
          
          AB 2200 (Ma, Statutes of 2012) - suspended the HOV lane on  
          eastbound Interstate 80 in the San Francisco Bay Area during the  
          morning commute.  That bill was vetoed.  

          AB 405 (Gatto, Statutes of 2013) - a bill identical to AB 210  
          except for the specified dates. That bill was vetoed. 

          Assembly Votes:
               
            Floor:    77-1
            Appr:     16-0
            Trans:    15-0
          
          FISCAL EFFECT:  Appropriation:  No    Fiscal Com.:  Yes     
          Local:  No


            POSITIONS:  (Communicated to the committee before noon on  
          Wednesday,
                          June 17, 2015.)
          
            SUPPORT:  

          None received









          AB 210 (Gatto)                                      Page 4 of ?
          
          
          OPPOSITION:

          None received


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