Amended in Senate May 24, 2016

Amended in Assembly March 30, 2016

Amended in Assembly March 9, 2016

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 amended, 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 Livermore Amador Valley Transit Authority,begin insert the Los Angeles Metropolitan Transit Authority,end insert 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 thebegin delete 7end deletebegin insert 8end insert entities described above, subject to the same conditions and requirements. Two years after commencing the operation of the program, the bill would require a participating entity, in conjunction with the department and the Department of the California Highway Patrol, to submit a report to the Legislature that includes specified information about the program. The bill would also require the participating entity to post the report on its Internet Web site to enable the public to access the report.

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 other law, the Alameda-Contra
4Costa Transit District, the Central Contra Costa Transit Authority,
5the Livermore Amador Valley Transit Authority,begin insert the Los Angeles
6Metropolitan Transit Authority,end insert
the Monterey-Salinas Transit
7District, the North County Transit District, the San Diego
8Association of Governments, the San Diego Metropolitan Transit
9System, the Santa Clara Valley Transportation Authority, and the
10Santa Cruz Metropolitan Transit District may conduct a transit
11bus-only program using the shoulders of certain highways in the
12state highway system within the areas served by the transit services
13of each entity, with the approval of the department and the
14Department of the California Highway Patrol. The department,
15the Department of the California Highway Patrol, and each
16participating transit entity shall jointly determine the segments of
17each highway where it is appropriate to designate the shoulders
18as transit bus-only traffic corridors, based upon factors that shall
19include, but are not limited to, right-of-way availability and
20capacity, peak congestion hours, and the most heavily congested
21areas. Under the program, the participating transit entities shall
22actively work with the department and the Department of the
P3    1California Highway Patrol to develop guidelines that ensure driver
2and vehicle safety and the integrity of the infrastructure.

3(b) The development of the guidelines shall be done with
4transparency, including the opportunity for public comment.

5(c) The department and the participating transit entities shall
6monitor the state of repair of highway shoulders used in the
7 program, including repairs attributable to the operation of transit
8buses on the shoulders.

9(d) The participating transit entities shall be responsible for all
10costs attributable to this program, including costs related to repairs
11attributable to the operation of transit buses on shoulders.

12(e) The program may commence operation as soon as guidelines
13are agreed to by the participating transit entities, the department,
14and the Department of the California Highway Patrol.

15(f) (1) Two years after commencing the operation of the
16program, a participating transit entity, in conjunction with the
17department and the Department of the California Highway Patrol,
18shall submit a report to the Legislature that includes all of the
19following:

20(A) Information regarding the geographic scope of the program.

21(B) A copy of the guidelines agreed to by the participating entity,
22the department, and the Department of the California Highway
23Patrol.

24(C) Information about any highway modifications.

25(D) Information regarding the costs associated with the program.

26(E) Performance measures used to evaluate the success of the
27program, such as safety, freeway operations, and transit travel time
28reliability and savings.

29(2) The participating entity shall post the report required by this
30subdivision on its Internet Web site to enable the public to access
31the report.

32(3) The report submitted pursuant to paragraph (1) shall be
33submitted in compliance with Section 9795 of the Government
34Code.

35(g) As used in this section, “highway” includes “freeway.”

36

SEC. 2.  

Section 21650 of the Vehicle Code is amended to read:

37

21650.  

Upon all highways, a vehicle shall be driven upon the
38right half of the roadway, except as follows:

39(a) When overtaking and passing another vehicle proceeding
40in the same direction under the rules governing that movement.

P4    1(b) When placing a vehicle in a lawful position for, and when
2the vehicle is lawfully making, a left turn.

3(c) When the right half of a roadway is closed to traffic under
4construction or repair.

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

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

7(f) When the vehicle is necessarily traveling so slowly as to
8impede the normal movement of traffic, that portion of the highway
9adjacent to the right edge of the roadway may be utilized
10temporarily when in a condition permitting safe operation.

11(g) This section does not prohibit the operation of bicycles on
12any shoulder of a highway, on any sidewalk, on any bicycle path
13within a highway, or along any crosswalk or bicycle path crossing,
14where the operation is not otherwise prohibited by this code or
15local ordinance.

16(h) This section does not prohibit the operation of a transit bus
17on the shoulder of a state highway in conjunction with the
18implementation of a program authorized pursuant to Section 148.1
19of the Streets and Highways Code.



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