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 ----------------------------------------------------------------- |Author: |Chiu | |----------+------------------------------------------------------| |Version: |6/18/2015 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |No | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Christine Hochmuth | |: | | ----------------------------------------------------------------- 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 AB 1287 (Chiu) Page 2 of ? 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 AB 1287 (Chiu) Page 3 of ? 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 AB 1287 (Chiu) Page 4 of ? 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 AB 1287 (Chiu) Page 5 of ? OPPOSITION: None received -- END --