BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1720
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 1720 (Bloom)
          As Amended  June 10, 2014
          Majority vote
           
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          |ASSEMBLY:  |71-0 |(May 8, 2014)   |SENATE: |35-0 |(July 3, 2014) |
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           Original Committee Reference:    TRANS.  

           SUMMARY  :  Extends for one year, until January 1, 2016, an  
          existing statutory exemption to the 20,500-pound-per-axle weight  
          limit for transit buses for a transit system that is procuring a  
          new bus that is of the same or lesser weight than the bus it is  
          replacing, or for a transit system that is incorporating a new  
          fleet class into its inventory, if the governing board makes  
          certain findings. The bill additionally clarifies that the  
          interim procurement procedures apply to buses of a gross weight  
          of 20,500 pounds over any single axle, not a total bus weight of  
          20,500 pounds.  

           The Senate amendments  broaden the existing statutory exemption  
          by additionally authorizing a transit system, until January 1,  
          2016, to procure buses exceeding the weight limit if it is  
          expanding a fleet class.  

           EXISTING LAW  :

          1)Generally limits the gross weight on any one axle for vehicles  
            that travel on public streets, roads, and highways to 20,000  
            pounds, but provides that buses of any type may impose a gross  
            axle weight of up to 20,500 pounds.  

          2)Under federal law, prohibits California from enforcing a  
            weight limit of under 24,000 pounds per axle for buses  
            traveling on the federal Eisenhower Interstate Highway System.  
             

          3)Exempts transit buses procured through a solicitation process  
            that was issued before January 1, 2013, from existing  
            statutory limits on bus weights.  

          4)Allows, until January 1, 2015, a publicly owned and operated  
            transit system or an operator of a transit system under  








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            contract with a publicly owned and operated transit system to  
            do the following:

             a)   Replace existing buses that exceed the current weight  
               limits with a new model of the same or lower weight.  

             b)   Procure and operate a new bus in excess of the current  
               weight limits in order to incorporate a new fleet class  
               into its inventory, if the governing board adopts a finding  
               at a public hearing that the change is necessary to address  
               a need to serve a new or existing market pursuant to its  
               most recently adopted short-range transit plan, or to meet  
               federal, state, or regional statutory or regulatory  
               requirements.  

           FISCAL EFFECT  :  None

           COMMENTS  :  Since 1975, state law has prohibited the gross weight  
          on any single axle of a transit bus from exceeding 20,500  
          pounds.  Due to numerous state and federal mandates, including  
          Americans with Disability Act requirements and mandated  
          emissions reduction equipment, transit buses today often exceed  
          that weight, especially when carrying a large number of  
          passengers.  According to the sponsor, the California Transit  
          Association, as many as half of the transit buses in California  
          operating at peak commute times may exceed the state weight  
          limit of 20,500 pounds per axle.  However, during non-peak  
          times, this percentage drops significantly due to lower  
          ridership loads.  

          Several years ago, some local police departments began citing  
          transit buses for violating the weight limit.  Merely relying on  
          the current procedures in state law for overweight vehicles -  
          paying fines resulting from citations or paying fees and  
          administering thousands of annual overweight vehicle permits on  
          a city-by-city basis - would be costly and time consuming for  
          transit agencies and other local governments statewide.   
          Moreover, such an approach would continue to ignore the  
          underlying problem:  the Vehicle Code limit was created more  
          than 35 years ago and simply did not contemplate today's  
          operating environments or legal and regulatory requirements.   
          However, simply increasing the weight limit for transit buses is  
          not as easy as it might sound because for cities and counties,  
          more weight equals greater wear and tear on local streets and  
          roads.  








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          AB 1706 (Eng), Chapter 771, Statutes of 2012, offered a  
          short-term solution to the bus axle weight issue by exempting  
          all existing transit buses from the state weight limit.  The  
          bill additionally allowed for procurement of new buses exceeded  
          the weight limit if they were replacing existing overweight  
          buses or if the transit operator was introducing a new fleet  
          class. The procurement provisions are scheduled to sunset at the  
          end of the year.  AB 1760's temporary fix to the bus axle weight  
          issue came about after stakeholders - including cities,  
          counties, transit agencies, and representatives from various  
          state departments and agencies - put considerable effort into  
          finding a permanent solution to the issue without coming to  
          agreement.  

          The federal Transit Cooperative Research Program (TCRP), an arm  
          of the Transportation Research Board backed by the National  
          Academy of Sciences, is currently overseeing a detailed national  
          study on the bus axle weight issue, which has been a subject of  
          concern not just in California but nationwide.  The final report  
          will be completed in the next few months.  The panel overseeing  
          the work of the contractor selected to do the study includes  
          representatives from national association of cities, counties,  
          public transit agencies, bus suppliers, public works engineers,  
          and state transportation officials.  The report is expected to  
          be the most comprehensive look at the issue to date and is  
          expected to provide a wealth of data and information that will  
          be helpful in crafting a long-term solution for California.  

          Once the TCRP study is released, California stakeholders will  
          reconvene with the goal of crafting a long-term solution to the  
          issue that works for all parties.  In the meantime, this bill  
          extends the procurement provisions of AB 1706 for an additional  
          year and also expands the provisions to allow a transit system  
          to procure buses exceeding the weight limit if they are  
          expanding a fleet class.  The purpose of the bill is to provide  
          adequate time for stakeholders to work out a permanent solution  
          while ensuring that transit operators can continue to procure  
          buses. 
           

          Analysis Prepared by  :    Anya Lawler / TRANS. / (916) 319-2093 

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