California Legislature—2015–16 Regular Session

Assembly BillNo. 1746


Introduced by Assembly Member Mark Stone

February 2, 2016


An act to amend Section 148.1 of the Streets and Highways Code, and to amend Section 21650 of the Vehicle Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

AB 1746, as introduced, Mark Stone. Transit buses.

Existing law authorizes the Monterey-Salinas Transit District and the Santa Cruz Metropolitan Transit District to conduct a transit bus-only program using the shoulders of certain state highways as transit bus-only traffic corridors, subject to approval by the Department of Transportation and the Department of the California Highway Patrol. Existing law requires that the highway segments to be used for the program are to be jointly determined by the districts, the department, and the Department of the California Highway Patrol, and imposes other conditions and requirements.

Existing law creates the Alameda-Contra Costa Transit District, the Central Contra Costa Transit Authority, the North County Transit District, the San Diego Association of Governments, the San Diego Metropolitan Transit System, and the Santa Clara Valley Transportation Authority with various powers and duties relative to the operation of public transit.

This bill would additionally authorize the operation of transit buses on the shoulder of a segment of a state highway designated under the program within the areas served by the transit services of the 6 entities described above, subject to the same conditions and requirements.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 148.1 of the Streets and Highways Code
2 is amended to read:

3

148.1.  

(a) Notwithstanding any otherbegin delete provision ofend delete law,begin insert the
4Alameda-end insert
begin insertContra Costa Transit District, the Central Contra Costa
5Transit Authority,end insert
the Monterey-Salinas Transitbegin delete District andend delete
6begin insert District, the North County Transit District, the San Diego
7Association of Governments, the San Diego Metropolitan Transit
8System, the Santa Clara Valley Transportation Authority, andend insert
the
9Santa Cruz Metropolitan Transit District may conduct a transit
10bus-only program using the shoulders of certain highways in the
11state highway system within the areas served by the transit services
12ofbegin delete the districts,end deletebegin insert each entity,end insert with the approval of the department
13and the Department of the California Highway Patrol. The
14department, the Department of the California Highway Patrol, and
15begin insert eachend insert participating transitbegin delete districtsend deletebegin insert entityend insert shall jointly determine the
16segments of each highway where it is appropriate to designate the
17shoulders as transit bus-only traffic corridors, based upon factors
18that shall include, butbegin delete not beend deletebegin insert are notend insert limited to, right-of-way
19availability and capacity, peak congestion hours, and the most
20heavily congested areas. Under the program, the participating
21transitbegin delete districtsend deletebegin insert entitiesend insert shall actively work with the department
22and the Department of the California Highway Patrol to develop
23guidelines that ensure driver and vehicle safety and the integrity
24of the infrastructure.

25(b) The development of the guidelines shall be done with
26transparency, including the opportunity for public comment.

27(c) The department and the participating transitbegin delete districtsend deletebegin insert entitiesend insert
28 shall monitor the state of repair of highway shoulders used in the
29program, including repairs attributable to the operation of transit
30buses on the shoulders.

31(d) The participating transitbegin delete districtsend deletebegin insert entitiesend insert shall be responsible
32for all costs attributable to this program, including costs related to
33repairs attributable to the operation of transit buses on shoulders.

P3    1(e) The program may commence operation as soon as guidelines
2are agreed to by thebegin insert participatingend insert transitbegin delete districts,end deletebegin insert entities,end insert the
3department, and the Department of the California Highway Patrol.

4(f) As used in this section, “highway” includes “freeway.”

5

SEC. 2.  

Section 21650 of the Vehicle Code is amended to read:

6

21650.  

Upon all highways, a vehicle shall be driven upon the
7right half of the roadway, except as follows:

8(a) When overtaking and passing another vehicle proceeding
9in the same direction under the rules governing that movement.

10(b) When placing a vehicle in a lawful position for, and when
11the vehicle is lawfully making, a left turn.

12(c) When the right half of a roadway is closed to traffic under
13construction or repair.

14(d) Upon a roadway restricted to one-way traffic.

15(e) When the roadway is not of sufficient width.

16(f) When the vehicle is necessarily traveling so slowly as to
17impede the normal movement of traffic, that portion of the highway
18adjacent to the right edge of the roadway may be utilized
19temporarily when in a condition permitting safe operation.

20(g) This section does not prohibit the operation of bicycles on
21any shoulder of a highway, on any sidewalk, on any bicycle path
22within a highway, or along any crosswalk or bicycle path crossing,
23where the operation is not otherwise prohibited by this code or
24local ordinance.

25(h) This section does not prohibit the operation of a transit bus
26on the shoulder of a state highway in conjunction with the
27implementation of a program authorized pursuant to Section 148.1
28of the Streets and Highways Code on state highways within the
29areas served by the transit services of thebegin insert Alameda-end insertbegin insertContra Costa
30Transit District, the Central Contra Costa Transit Authority, theend insert

31 Monterey-Salinas Transitbegin delete District orend deletebegin insert District, the North County
32Transit District, the San Diego Association of Governments, the
33San Diego Metropolitan Transit System, the Santa Clara Valley
34Transportation Authority, orend insert
the Santa Cruz Metropolitan Transit
35District.



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