BILL NUMBER: AB 1746	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  Section 148.1 of the Streets and Highways Code is
amended to read:
   148.1.  (a) Notwithstanding any other  provision of
 law,  the Alameda-   Contra Costa Transit
District, the Central Contra Costa Transit Authority,  the
Monterey-Salinas Transit  District and  
District, the North County Transit District, the San Diego
Association of Governments, the San Diego Metropolitan Transit
System, the Santa Clara Valley Transportation Authority, and 
the Santa Cruz Metropolitan Transit District may conduct a transit
bus-only program using the shoulders of certain highways in the state
highway system within the areas served by the transit services of
 the districts,   each entity,  with the
approval of the department and the Department of the California
Highway Patrol. The department, the Department of the California
Highway Patrol, and  each  participating transit 
districts   entity  shall jointly determine the
segments of each highway where it is appropriate to designate the
shoulders as transit bus-only traffic corridors, based upon factors
that shall include, but  not be   are not 
limited to, right-of-way availability and capacity, peak congestion
hours, and the most heavily congested areas. Under the program, the
participating transit  districts   entities
 shall actively work with the department and the Department of
the California Highway Patrol to develop guidelines that ensure
driver and vehicle safety and the integrity of the infrastructure.
   (b) The development of the guidelines shall be done with
transparency, including the opportunity for public comment.
   (c) The department and the participating transit 
districts   entities  shall monitor the state of
repair of highway shoulders used in the program, including repairs
attributable to the operation of transit buses on the shoulders.
   (d) The participating transit  districts  
entities  shall be responsible for all costs attributable to
this program, including costs related to repairs attributable to the
operation of transit buses on shoulders.
   (e) The program may commence operation as soon as guidelines are
agreed to by the  participating  transit  districts,
  entities,  the department, and the Department of
the California Highway Patrol.
   (f) As used in this section, "highway" includes "freeway."
  SEC. 2.  Section 21650 of the Vehicle Code is amended to read:
   21650.  Upon all highways, a vehicle shall be driven upon the
right half of the roadway, except as follows:
   (a) When overtaking and passing another vehicle proceeding in the
same direction under the rules governing that movement.
   (b) When placing a vehicle in a lawful position for, and when the
vehicle is lawfully making, a left turn.
   (c) When the right half of a roadway is closed to traffic under
construction or repair.
   (d) Upon a roadway restricted to one-way traffic.
   (e) When the roadway is not of sufficient width.
   (f) When the vehicle is necessarily traveling so slowly as to
impede the normal movement of traffic, that portion of the highway
adjacent to the right edge of the roadway may be utilized temporarily
when in a condition permitting safe operation.
   (g) This section does not prohibit the operation of bicycles on
any shoulder of a highway, on any sidewalk, on any bicycle path
within a highway, or along any crosswalk or bicycle path crossing,
where the operation is not otherwise prohibited by this code or local
ordinance.
   (h) This section does not prohibit the operation of a transit bus
on the shoulder of a state highway in conjunction with the
implementation of a program authorized pursuant to Section 148.1 of
the Streets and Highways Code on state highways within the areas
served by the transit services of the  Alameda-   Contra
Costa Transit District, the Central Contra Costa Transit Authority,
the  Monterey-Salinas Transit  District or 
 District, the North County Transit District, the San Diego
Association of Governments, the San Diego Metropolitan Transit
System, the Santa Clara Valley Transportation Authority, or  the
Santa Cruz Metropolitan Transit District.