BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 769| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 769 Author: Margett (R), et al Amended: 5/26/00 in Senate Vote: 27 - Urgency SENATE TRANSPORTATION COMMITTEE : 8-1, 5/16/00 AYES: Karnette, Dunn, Costa, Figueroa, Kelley, Rainey, Soto, Speier NOES: Murray NOT VOTING: Hayden, Monteith, Morrow SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : Not relevant SUBJECT : Vehicles: preferential vehicle lanes SOURCE : Author DIGEST : This bill would change the minimum occupancy level from two to three for high-occupancy vehicles using the "El Monte Busway" during peak commuting hours and expand the guidelines of the study required to be made and submitted to the Legislature by the Department of Transportation. ANALYSIS : Existing law authorizes the Department of Transportation to authorize or permit exclusive or preferential use of highway lanes for high-occupancy vehicles. Existing law, which becomes inoperative on July 1, 2001, and of January 1, 2002, is repealed, requires the CONTINUED AB 769 Page 2 department to establish those lanes on the San Bernardino Freeway, and to set the minimum occupancy level on those lanes at two persons, including the driver. Existing law also requires the Department of Transportation to submit a study to the Legislature relative to the changes in motorist's behavior as a result of the establishment of the lane. This bill would instead set the minimum occupancy level on those lanes at three persons, including the driver, during the peak commuting hours of 5:00 a.m.-9:00 a.m. inclusive and 4:00 p.m.-7:00 p.m. inclusive, Monday through Friday, inclusive, and two persons, including the driver, at all other times. This bill would require the Department of Transportation to include in the report an assessment of the options available to the department in order to maximize the use of the lanes including, but not limited to, an analysis of opening an additional lane, installing entrances and exits on the lane or lanes, and other feasible proposals to relieve congestion on the San Bernardino Freeway. Since 1973, a portion of the San Bernardino Freeway, stretching approximately 11 miles from the I-605 Freeway to the I-110 Freeway, has included an exclusive lane for buses, which is known as the "El Monte Busway." As the result of a local bus strike in 1976, however, an allowance was made that permitted carpools with three or more occupants to use the busway. The authorization for carpool use of the busway included a vehicle volume standard of 1300 vehicles during peak traffic periods, and department officials indicate that the traffic volumes approached the stipulated standard. Last year, the Legislature approved Senate Bill 63 (Solis) Chapter 168, which required the Department of Transportation to "establish exclusive or preferential use of highway lanes for high-occupancy vehicles on that portion of State Highway Route 10 known as the San Bernardino Freeway, and shall set the minimum occupancy level on those lanes at two persons, including the driver." This authorization is scheduled to be repealed on January 1, 2002, and the department is required to submit a report AB 769 Page 3 to the Legislature evaluating the operation of the lanes by January 1, 2001. Various accounts indicate that the increased number of carpools on the busway as a result of the relaxing of the vehicle occupancy requirement has served to significantly congest the lanes. These accounts include: 1.The Los Angeles Times reported in an article earlier this year that "(n)ew state legislation opening the San Bernardino Freeway carpool lane to vehicles with only two occupants has so clogged Southern California's most successful such route that state transportation officials say the express bus service for which the lane was originally constructed has collapsed." (January 22, 2000) 2.Foothill Eastern Transportation Corridor Agency, which provides bus service that uses the El Monte Busway, contends that the "(c)hanges to the carpool minimum on the El Monte Busway have had a negative effect on Foothill Transit's operations. On-time performance has suffered significantly. There has also been an increase in safety incidents, customer complaints, and overtime due to missed trips." 3.The Department of Transportation reports that "(t)he peak hour volume in the westbound lane (morning) has increased to approximately 1509 vehicles per hour at breakdown speeds as low as 10 mph at some locations, a decrease of 55 mph. The speed of the buses during peak periods has decreased significantly, with buses sometimes coming to a complete stop. The number of buses carried by the busway has also decreased to approximately 55 buses per hour from 80 buses per hour, prior to the change. Some bus riders claim that their commute is 20 minutes longer in the morning and 30 minutes longer in the afternoon." FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 6/6/00) Foothill Transit, West Covina AB 769 Page 4 Planning and Conservation League Individual letters ARGUMENTS IN SUPPORT : Foothill Transit states that, "the recent change to the carpool minimum (from three to two people) has had a significant negative impact on Foothill Transit's customers during peak commuting times. Before the change, our 18,000 daily customers could expect to save up to 20 minutes on their commute time to and from downtown Los Angeles over driving by themselves. With the change in state law (SB 63, 1999), this time savings has been reduced or eliminated and many of our customers report that the trip can now take from 20-25 minutes longer than it previously did. "According to data from the Southern California Association of Governments (SCAG), the time savings that transit customers used to enjoy made the El Monte Busway the most successful HOV facility in Southern California. Before the change, this one land carried 50 percent of the people on the entire San Bernardino freeway at peak times. According to SCAG, the high performance of the El Monte Busway was directly related to the three-person per vehicle minimum. Further, in a recent report to the Legislature, the Legislative Analyst's office also cited the El Monte Busway's success, stating that 'HOV lanes can be very efficient from the perspective of person throughout when combined with bus service.' In other words, the El Monte Busway moved commuters very efficiently. "AB 769 is a reasonable solution to the chronic congestion on the 1-10. It will give motorists more freedom, while allowing Foothill Transit to continue to offer an attractive alternative to the automobile for commuters." RJG:sl 6/6/00 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****