BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 18, 2016


                        ASSEMBLY COMMITTEE ON TRANSPORTATION


                                 Jim Frazier, Chair


          AB 1908  
          (Harper) - As Amended March 17, 2016


          SUBJECT:  High-occupancy vehicle lanes


          SUMMARY:  Prohibits the establishment of high-occupancy vehicle  
          (HOV) lanes on state highways in southern California unless the  
          lane is established on a part-time basis; requires all southern  
          California HOV lanes to be converted from full-time to part-time  
          operation.  Specifically, this bill:  


          1)Prohibits the Department of Transportation (Caltrans),  
            notwithstanding any other provision of law, from establishing  
            an HOV lane on a state highway in southern California unless  
            the lane is operated on a part-time basis.  

          2)Requires all existing HOV lanes in southern California also to  
            be converted to part-time operation.  

          3)Requires Caltrans to report to the Legislature by January 1,  
            2019, on the impact to traffic by converting these HOV lane  
            segments to part-time operation.  

          4)Provides that, on or after May 1, 2018, if Caltrans determines  
            that part-time operation of these lanes has resulted in an  
            adverse impact on safety, traffic conditions, or the  
            environment, it may notify the Assembly Committee on  








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            Transportation and the Senate Committee on Transportation and  
            Housing of its intent to reinstate the lanes to 24-hour  
            operation; thereafter specifically authorizes Caltrans to  
            reinstate full-time operation of the HOV lanes.  

          5)Makes provisions requiring the conversion of specific routes  
            to part-time HOV operation operative on July 1, 2017, and  
            repeals these same provisions 60 days after Caltrans notifies  
            the Legislature of its intent to reinstate the lanes to  
            24-hour operation; requires Caltrans to post the date that the  
            Legislature receives the notice on the department's web site.   


          EXISTING LAW:
           
           1)Authorizes Caltrans to permit preferential use of highway  
            lanes for HOVs, under specific conditions.  

          2)Requires Caltrans to produce engineering reports that estimate  
            the effect of an HOV lane prior to establishing the lane.  The  
            reports must evaluate the proposals for safety, congestion,  
            and highway capacity.  

          3)Vests, under federal law, state departments of transportation  
            with responsibility for establishing occupancy requirements  
            for vehicles using HOV lanes, except that the requirement can  
            be no less than two occupants.  

          FISCAL EFFECT:  Unknown

          COMMENTS:  The primary purpose of an HOV lane is to increase the  
          total number of people moved through a congested corridor by  
          offering two kinds of incentives: a savings in travel time and a  
          reliable and predictable travel time.  Because HOV lanes carry  
          vehicles with a higher number of occupants, they may move  
          significantly more people during congested periods, even when  
          the number of vehicles that use the HOV lane is lower than in  
          the adjoining general-purpose lanes.  









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          State and regional transportation agencies are required to  
          ensure that federally supported highway and transit projects do  
          not cause new air quality violations, worsen existing  
          violations, or delay timely attainment of air quality standards.  
           Consequently, when transportation agencies identify a need to  
          add highway capacity, their options are limited.  They often  
          rely on the addition of HOV lanes, which are generally  
          considered a viable solution to adding highway capacity in  
          non-attainment areas-i.e., where air quality is worse than the  
          national ambient air quality standards.  

          In northern California, HOV lanes are only operational Monday  
          through Friday during posted peak congestion hours, for example  
          between 6 a.m. - 10 a.m. and 3 p.m. - 7 p.m.  All other vehicles  
          may use the lanes during off-peak hours.  This is referred to as  
          "part-time" operation.  
          In southern California, HOV lanes are generally separated from  
          other lanes by a buffer zone.  The HOV lanes are in effect 24  
          hours a day, 7 days a week--referred to as "full-time"  
          operation.  State Route (SR) 14 is an exception.  Previous  
          legislation [AB 1871 (Runner), Chapter 337, Statutes of 2000],  
          created a demonstration project to evaluate part-time use of the  
          HOV lanes on this route.  

          The operational practices vary differently between northern  
          California versus southern California because of traffic volumes  
          and commuter patterns in the two regions.  Northern California  
          highways usually experience two weekday congestion periods  
          during peak morning and afternoon commute hours, followed by a  
          long period of non-congestion.  Using a full-time operation  
          would leave the HOV lane relatively unoccupied during off-peak  
          hours and would not constitute an efficient utilization of the  
          roadway.  Southern California normally experiences very long  
          hours of congestion, typically between six to eleven hours per  
          day, with short off-peak traffic hours.  Part-time operation  
          under these conditions is generally considered infeasible.










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          Committee concerns: 


          1)The author asserts that HOV lanes in southern California are  
            under-utilized during off-peak hours, thereby increasing  
            congestion and vehicle emissions.  He proposes to covert HOV  
            lanes to part-time operation, thereby relieving congestion in  
            mixed flow lanes during off-peak hours.  However, it is during  
            periods of congestion that the real benefits of HOV lanes are  
            realized.  This is when HOV lanes have the greatest people  
            throughput.  Furthermore, incentives to carpool are greatest  
            when HOV lanes offer quicker, more reliable travel times than  
            adjacent mixed flow lanes.  



          2)While there is evidence that at least some of the HOV lanes in  
            southern California experience a drop in usage after peak  
            commute hours, the same is often true of the mixed flow lanes  
            adjacent to the HOV lanes.  Consequently, opening up the HOV  
            lane to mixed flow use would provide little or no congestion  
            relief.  It is for this reason that the Legislative Analyst's  
            Office (LAO) concluded, in a 2002 report that evaluated the  
            conversion to part-time operation of SR 14 in Los Angeles  
            County, that converting SR 14 HOV lanes from full-time to  
            part-time had "essentially no effect on traffic congestion,  
            either positive or negative."  



          3)The committee was unable to obtain traffic volume data to  
            confirm or refute the author's assertion that the lanes are  
            under-utilized.  However, it may be helpful to note that  
            optimum HOV lane usage is generally considered to be about  
            1,650 vehicles per hour-75% of the maximum capacity of  
            mixed-flow lanes.  In a report published in 2000 that  
            evaluated the effectiveness of HOV lanes in California, the  
            LAO suggests that this disparity is the reason that, even when  
            an HOV lane has reached its operating capacity, it would  








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            always appear to have room for additional vehicles as compared  
            to the adjacent mixed-flow lanes.
          Previous legislation:  AB 210 (Gatto) of 2015 and AB 405 (Gatto)  
          of 2013 would have required the conversion of HOV lanes on State  
          Routes 134 and SR 210 from full-time to part-time operation.   
          Both bills passed the Legislature but were vetoed by Governor  
          Brown.  In his veto messages, the Governor stated that he  
          believed carpool lanes are especially important in Los Angeles  
          County to reduce pollution and maximize the use of freeways and,  
          therefore, the current 24/7 carpool lane controls should be  
          retained.


          AB 2200 (Ma) of 2012 would have suspended the HOV lane on  
          eastbound Interstate 80 in the San Francisco Bay Area during the  
          morning commute.  AB 2200 was passed by the Legislature but  
          ultimately vetoed by Governor Brown.  In his veto message, the  
          Governor stated, "Encouraging carpooling is important to reduce  
          pollution and make more efficient use of our highways.  This  
          bill goes in a wrong direction."  

          AB 1871 (Runner), Chapter 337, Statutes of 2000, prohibited,  
          until June 1, 2002, HOV lanes from being constructed on SR 14  
          between the City of Santa Clarita and the City of Palmdale  
          unless the lane was established as an HOV lane only during the  
          hours of heavy commuter traffic.  AB 1871 also required the LAO  
          to report on the traffic impact of the part-time HOV lanes.   
          That report found that limiting the HOV lane to part-time  
          operation had "essentially no effect on traffic congestion,  
          either positive or negative."  

          REGISTERED SUPPORT / OPPOSITION:




          Support










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          Automobile Club of Southern California


          National Motorists Association




          Opposition


          None on file




          Analysis Prepared by:Janet Dawson / TRANS. / (916) 319-2093