BILL ANALYSIS                                                                                                                                                                                                    Ó



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

          Bill No:          AB 1287           Hearing Date:    6/30/2015
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          |Author:   |Chiu                                                  |
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          |Version:  |6/18/2015                                             |
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          |Urgency:  |No                     |Fiscal:      |No              |
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          |Consultant|Christine Hochmuth                                    |
          |:         |                                                      |
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          SUBJECT:  Vehicles:  parking violations


            DIGEST:  This bill removes the sunset on San Francisco's  
          Transit-Only Lane Enforcement (TOLE) program.

          ANALYSIS:
          
          Existing law:
          
          1)Authorizes the City and County of San Francisco to install  
            automated forward-facing parking control devices on city-owned  
            public transit vehicles for the purpose of video imaging  
            violations occurring in transit-only traffic lanes.  Citations  
            can only be issued for violations captured during the posted  
            hours of operation for a transit-only traffic lane.  

          2)Requires a qualified, designated employee of the City and  
            County of San Francisco to review video images or recordings  
            and determine whether a parking violation occurred in a  
            transit-only lane.  If a violation of statute, regulation, or  
            ordinance is observed in the recordings by the designated  
            employee, the violation is subject to a civil penalty.

          3)Places regulations on the retention time of video data  
            depending on whether or not the video contains evidence of a  
            violation.
          
          This bill removes the sunset date of January 1, 2016, and  
          effectively extends the San Francisco Municipal Transportation  







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          Agency (SFMTA) TOLE program indefinitely.

          COMMENTS:

          Purpose.  The author states that TOLE-equipped vehicles help  
          improve transit service and safety by discouraging illegal  
          parking along San Francisco's 26 miles of transit-only lanes.   
          According to SFMTA, transit vehicles on these routes carry more  
          than 160,000 passengers per day. 

          Background.  In 2007, the legislature approved and the Governor  
          signed AB 101 (Ma, Chapter 377) establishing the initial  
          Transit-Only Lane Enforcement (TOLE) pilot through 2011.   In  
          this program, the SFMTA uses cameras on board buses to enforce  
          transit-only lane parking violations.  The program's goal is to  
          improve transit service by discouraging vehicles from parking or  
          stopping and therefore obstructing transit-only lanes.  With  
          this program, vehicles illegally parked or stopped within a  
          dedicated transit lane have their license plates captured by a  
          video camera on a passing bus and the registered owners receive  
          a citation in the mail.  AB 1041 (Ma, Chapter 325, Statutes of  
          2011) reauthorized the pilot program through 2015.  

          San Francisco has 26 miles of transit-only lanes and another 22  
          miles planned over the next decade.  The TOLE program is part of  
          a multi-tiered approach to keep these lanes moving for buses.   
          In addition, SFMTA is painting the lanes red to provide a strong  
          visual reminder to road users to avoid using the transit-only  
          lanes and has invested in transit signal priority technology to  
          reduce the amount of time buses spend waiting at traffic lights.

          Evaluation of the TOLE program.  AB 1041 instructed SFMTA to  
          submit to the legislature an evaluation of the pilot program's  
          effectiveness and impact on privacy.  The findings in the report  
          can help to address the fundamental question:  At what point is  
          this pilot program allowed to end and become a fully authorized  
          program?

          In evaluating the TOLE program, SFMTA reviewed the following key  
          metrics (discussed in more detail below):

          1)Bus running times and running time variability on transit-only  
            lanes
          2)Citations issued to repeat offenders
          3)Program costs and revenues








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          4)Privacy complaints

          Impact of TOLE on bus reliability.  A review of travel-time  
          information indicates that the TOLE program can help reduce the  
          instances of major SFMTA delays and improve running times.   
          According to the report, two routes show running time  
          improvements while two other routes show no improvement in  
          travel time.  However, the report argues these latter routes did  
          not degrade as much as they may have without the TOLE program in  
          light of increased construction activity, traffic delays, and  
          increasing ridership.
          Changing motorist behavior?  Over the life of the program, the  
          proportion of tickets issued to high-frequency offenders  
          (motorists who already received at least three citations for  
          parking illegally in a transit-only lane) has declined from 17%  
          of all citations in 2011 to 1% of all citations in 2014.   
          According to the report, this reduction shows that the program  
          can alter the behavior of the most frequent violators.

          Is this just a revenue generator?  Between 2010 and 2014, the  
          combined cost of the enforcement and video maintenance averaged  
          approximately $334,000 per year.  This number represents the  
          ongoing annual operating cost and does not include initial  
          capital investments which totaled $6.3 million.  During the same  
          time period, the TOLE program fines generated on average  
          $256,000 per year in paid fine revenue.  These numbers support  
          the program's stated intent to reduce transit delays and improve  
          transit service, not generate revenue, as the operation of the  
          program actually costs more than the revenue it raises.

          Privacy concerns.  The TOLE images and recordings are dedicated  
          to the TOLE program and can only be used for the TOLE program.   
          SFMTA maintains that the images and footage are not used for  
          general surveillance.  Video for the TOLE program is recorded  
          onto a special, dedicated hard drive for professional parking  
          control officers to review for violations.  After reviewing  
          footage, hard drives are installed back onto the buses where  
          they are overwritten with new data.  Importantly, according to  
          SFMTA there have been no recorded privacy complaints related to  
          the TOLE program since the program began.

          Supporters.  Supporters believe that the existing TOLE program  
          has successfully enhanced driver compliance in dedicated transit  
          rights-of-way without resulting in points on the drivers'  
          licenses.  They state that the program enhances safety by  








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          reducing the number of instances that bus operators have to stop  
          or maneuver into the auto lane to get around parked cars.  SFMTA  
          argues that it has made significant investments in this program,  
          and it would like to ensure the program's continuation to  
          improve the safety and reliability of the transportation system.

          Double-referred.  This bill has also been referred to the Senate  
          Judiciary Committee.
          
          Related Legislation:
          
          AB 1041 (Ma, Chapter 325, Statutes of 2011) - extended the  
          sunset date on SFMTA's authority to employ video enforcement of  
          transit lane parking violations and expanded the program to any  
          designated transit lane within the city.
          
          AB 101 (Ma, Chapter 377, Statutes of 2007) - allowed SFMTA to  
          install video cameras on city-owned public transit and  
          city-owned street sweepers for the purpose of videotaping  
          parking violations occurring in transit-only traffic lanes,  
          named specifically in this bill, and during posted street  
          sweeping hours.

          Assembly Votes:

            Floor:    49-29     
            Floor:    29-36
            Appr:     12-5
            Trans:    10-4
          
          FISCAL EFFECT:  Appropriation:  No    Fiscal Com.:  No    Local:  
           No


            POSITIONS:  (Communicated to the committee before noon on  
          Wednesday,
                          June 24, 2015.)
          
            SUPPORT:  

          Mayor of San Francisco
          San Francisco County Transportation Authority
          San Francisco Municipal Transportation Agency
          San Francisco Transit Riders
          Walk San Francisco








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          OPPOSITION:

          None received


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