BILL ANALYSIS                                                                                                                                                                                                    �






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: AB 1720
          SENATOR MARK DESAULNIER, CHAIRMAN              AUTHOR:  bloom
                                                         VERSION: 6/10/14
          Analysis by:  Carrie Cornwell                  FISCAL:  no
          Hearing date:  June 10, 2014





          SUBJECT:

          Transit bus weights

          DESCRIPTION:

          This bill extends the time during which transit districts may  
          procure heavier transit buses and these buses may travel on  
          California's streets and highways from January 1, 2015 to  
          January 1, 2016.

          ANALYSIS:

          For vehicles that travel on public streets, roads, and highways  
          (highways), existing law generally limits the gross weight that  
          wheels on any one axle of any vehicle can impose on the highway  
          to 20,000 pounds.  Buses, however, may impose a gross vehicle  
          weight on any one axle of up to 20,500 pounds.

          AB 1706 (Eng), Chapter 771, Statutes of 2012, exempts from the  
          20,500 pound per axle weight limit:

           Buses for which a transit provider had initiated procurement  
            by January 1, 2013

           Until January 1, 2015, any bus of lesser or equal weight that  
            a transit provider procures to replace another bus

           Until January 1, 2015, transit buses that a transit provider  
            procures in order to incorporate a new fleet class into its  
            inventory if its governing board adopts a finding that the  
            fleet class expansion or change is needed to serve a new or  
            existing market pursuant to its most recently adopted  
            short-range plan

          AB 1706 defined "fleet class" as a group of transit buses that  




          AB 1720 (BLOOM)                                        Page 2

                                                                       


          have a combination of two or more of the following similar  
          defining characteristics:  length, seating capacity, number of  
          axles, fuel or powers system, width, structure, and equipment  
          package.

           This bill  extends the weight exemptions for newly purchased  
          transit buses for another year until January 1, 2016, and makes  
          other minor clarifying changes.
          


          COMMENTS:

           1.Purpose  .  State law since 1975 has mandated that the weight on  
            any single axle of a transit bus may not exceed 20,500 pounds.  
             Due to numerous state and federal mandates, including  
            Americans with Disability Act requirements and mandated  
            emissions reduction equipment, transit buses today may often  
            exceed that weight, especially when carrying a large number of  
            passengers. 

            As a result, a few years ago some local police departments  
            began citing transit buses for violation of state weight  
            limits.  Transit agencies addressed these overweight vehicles  
            by paying fines resulting from citations or paying fees and  
            administering thousands of annual overweight vehicle permits  
            on a city-by-city basis, but found these resolutions costly  
            and time consuming.  In response, transit agencies sponsored  
            AB 1706 (Eng) of 2012, and argued  the state created the bus  
            weight limit more than 35 years ago and that limit simply does  
            not contemplate today's operating environments or legal and  
            regulatory requirements.  Cities and counties countered that  
            they constructed local streets and roads based on the vehicle  
            weight limits in state law and so simply changing state weight  
            limits to allow overweight buses would lead to additional  
            pavement degradation, increasing costs to repair and  
            reconstruct roads.  

            Despite the efforts of many parties, including transit  
            agencies, local governments, bus manufacturers, and state  
            officials, the author of AB 1706 found no long-term resolution  
            to the bus weight-limit dilemma.  Ultimately, his bill simply  
            provided a period during which the parties could further  
            pursue a permanent resolution.  That resolution has yet to  
            arise, so this bill extends those temporary exemptions to  
            transit bus weight limits for another year.




          AB 1720 (BLOOM)                                        Page 3

                                                                       



           2.Will something happen in one more year  ?  While AB 1706 was  
            moving through the Legislature, the parties involved in that  
            bill thought that an ultimate resolution to the bus weight  
            problem could come at the national level.  This is because,  
            while allowed weights vary across states, buses across the  
            country are at times violating those weight standards due to  
            changes in legal mandates on transit providers.

            The Federal Transit Administration is currently sponsoring,  
            through its Transit Cooperative Research Program, a detailed  
            national study on the bus axle weight issue.  It appears that  
            the Federal Transit Administration will issue the final report  
            later this year.  The panel overseeing the work of the  
            contractor selected to do the study includes representatives  
            from national associations of cities, counties, public transit  
            agencies, bus suppliers, public works engineers, and state  
            transportation officials.  Many expect the report to be the  
            most comprehensive look at the issue to date and it is  
            expected to provide a wealth of data and information that will  
            be helpful in crafting a long-term solution for California.   
            Once this study is released, the California stakeholders  
            report that they will reconvene with the goal of crafting a  
            long-term solution to the issue that works for all parties. 
          
           3.Overweight buses and the cost of pavement degradation  .   
            Allowing the operation of overweight vehicles on the state's  
            highways and local streets and roads contributes to the  
            problem of pavement degradation at a time when the roadways  
            are in an increasing state of disrepair.  A current needs  
            assessment indicates that in order to fully fund necessary  
            maintenance and preservation of local streets and roads, an  
            additional $80 billion in funding is needed over the next 10  
            years.  In addition, the Department of Transportation  
            estimates an annual need of $7.4 billion for the State Highway  
            Operation and Protection Program (SHOPP), which funds a large  
            portion of pavement maintenance and replacement work on the  
            state highway system.  There is currently an annual shortfall  
            of $5.4 million because the SHOPP only receives approximately  
            $2 billion annually for maintenance work.  Because many  
            factors contribute to pavement degradation, it is impossible  
            to quantify the isolated impacts that overweight transit buses  
            may have on pavement lifespan and the costs associated with  
            those impacts, although it is undeniable that they are a  
            contributing factor.
          




          AB 1720 (BLOOM)                                        Page 4

                                                                      


          Assembly Votes:

               Floor:    71-0 
               Trans:    15-0

          POSITIONS:  (Communicated to the committee before noon on  
          Wednesday,                                             June 11,  
          2014.)

               SUPPORT:  California Transit Association (sponsor) 
                         California Association for Coordinated  
          Transportation
                         California State Association of Counties
                         City of Culver City
                         Los Angeles County Metropolitan Transportation  
                    Authority
                         Orange County Transportation Authority
                         San Bernardino Associated Governments
                         San Mateo County Transit District
                         Santa Clara Valley Transportation Authority
                         City of Santa Monica
                         Transportation Authority of Marin
                         City of Thousand Oaks
                         Ventura County Transportation Commission

               OPPOSED:  None received.
























          AB 1720 (BLOOM)                                        Page 5