BILL NUMBER: SB 1245	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 22, 2010

INTRODUCED BY   Senator Simitian

                        FEBRUARY 19, 2010

   An act to add Section 149.10 to the Streets and Highways Code,
  and to amend Section 21655.5 of the Vehicle Code, 
relating to transportation.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1245, as amended, Simitian. High-occupancy vehicle lanes.
   Existing law provides for the Department of Transportation and
local authorities, with respect to highways under their respective
jurisdictions, to authorize or permit exclusive or preferential use
of highway lanes for high-occupancy vehicles (HOVs). Existing law
authorizes the development and implementation of high-occupancy toll
(HOT) lanes under limited circumstances, pursuant to which vehicles
that do not meet the vehicle occupancy requirements for use of an HOV
lane may use the lane upon payment of a toll.
   This bill would  require an HOV lane, including, but not
limited to, a HOT lane, on a highway or bridge that was free of tolls
to HOVs as of January 1, 2010, to remain free of tolls with respect
to HOVs   provide that a vehicle that meets the 
 applicable occupancy level for a high-occupancy vehicle for use
of an HOV lane, including a HOT lane, shall not be charged a toll.
The bill would also provide that an increase in the vehicle occupancy
level for an HOV lane may only be implemented if the department
determines that the change will maximize person throughput with
respect to the affected highway. The bill would require the
department to obtain the approval of the applicable transportation
planning agency and report to the Legislature before implementing the
change  .
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 149.10 is added to the Streets and Highways
Code, to read: 
   149.10.  A high-occupancy vehicle lane, including, but not limited
to, a high-occupancy toll lane, on a highway or bridge that was free
of tolls to high-occupancy vehicles as of January 1, 2010, shall
remain free of tolls with respect to those vehicles.  
   149.10.  A vehicle that meets the applicable occupancy level for a
high-occupancy vehicle for use of a high-occupancy vehicle lane,
including a high-occupancy toll lane, shall not be charged a toll to
use that lane. This section shall not apply to toll bridges. 
   SEC. 2.    Section 21655.5 of the   Vehicle
Code   is amended to read: 
   21655.5.  (a) The Department of Transportation and local
authorities, with respect to highways under their respective
jurisdictions, may authorize or permit exclusive or preferential use
of highway lanes for high-occupancy vehicles. Prior to establishing
the lanes, competent engineering estimates shall be made of the
effect of the lanes on safety, congestion, and highway capacity.
   (b) The Department of Transportation and local authorities, with
respect to highways under their respective jurisdictions, shall place
and maintain, or cause to be placed and maintained, signs and other
official traffic control devices to designate the exclusive or
preferential lanes, to advise motorists of the applicable vehicle
occupancy levels, and, except where ramp metering and bypass lanes
are regulated with the activation of traffic signals, to advise
motorists of the hours of high-occupancy vehicle usage. No person
shall drive a vehicle upon those lanes except in conformity with the
instructions imparted by the official traffic control devices. A
motorcycle, a mass transit vehicle, or a paratransit vehicle that is
clearly and identifiably marked on all sides of the vehicle with the
name of the paratransit provider may be operated upon those exclusive
or preferential use lanes unless specifically prohibited by a
traffic control device. 
   (c) An increase in the vehicle occupancy level to be applicable to
an existing exclusive or preferential lane under the jurisdiction of
the department shall only be implemented if the department
determines that the change will maximize person throughput with
respect to the affected highway. The proposed change shall be subject
to approval pursuant to the process set forth in subdivision (a) of
Section 21655.6. The department shall report to the relevant policy
and fiscal committees of the Legislature the basis for making the
change at least 30 days prior to the effective date of the change.
 
   (c) 
    (d)  When responding to an existing emergency or
breakdown in which a mass transit vehicle is blocking an exclusive or
preferential use lane, a clearly marked mass transit vehicle, mass
transit supervisor's vehicle, or mass transit maintenance vehicle
that is responding to the emergency or breakdown may be operated in
the segment of the exclusive or preferential use lane being blocked
by the mass transit vehicle, regardless of the number of persons in
the vehicle responding to the emergency or breakdown, if both
vehicles are owned or operated by the same agency, and that agency
provides public mass transit services. 
   (d) 
    (e)  For purposes of this section, a "paratransit
vehicle" is defined in Section 462. 
   (e) 
    (f)  For purposes of this section, a "mass transit
vehicle" means a transit bus regularly used to transport paying
passengers in mass transit service. 
   (f) 
    (g)  It is the intent of the Legislature, in amending
this section, to stimulate and encourage the development of ways and
means of relieving traffic congestion on California highways and, at
the same time, to encourage individual citizens to pool their
vehicular resources and thereby conserve fuel and lessen emission of
air pollutants. 
   (g) 
    (h)  The provisions of this section regarding mass
transit vehicles and paratransit vehicles shall only apply if the
Director of Transportation determines that the application will not
subject the state to a reduction in the amount of federal aid for
highways.