BILL NUMBER: AB 1746	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 24, 2016
	AMENDED IN ASSEMBLY  MARCH 30, 2016
	AMENDED IN ASSEMBLY  MARCH 9, 2016

INTRODUCED BY   Assembly Member Mark Stone

                        FEBRUARY 2, 2016

   An act to amend Section 148.1 of the Streets and Highways Code,
and to amend Section 21650 of the Vehicle Code, relating to
transportation.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1746, as amended, Mark Stone. Transit buses.
    Existing law authorizes the Monterey-Salinas Transit District and
the Santa Cruz Metropolitan Transit District to conduct a transit
bus-only program using the shoulders of certain state highways as
transit bus-only traffic corridors, subject to approval by the
Department of Transportation and the Department of the California
Highway Patrol. Existing law requires that the highway segments to be
used for the program are to be jointly determined by the districts,
the department, and the Department of the California Highway Patrol,
and imposes other conditions and requirements.
   Existing law creates the Alameda-Contra Costa Transit District,
the Central Contra Costa Transit Authority, the Livermore Amador
Valley Transit Authority,  the Los   Angeles
Metropolitan Transit Authority,  the North County Transit
District, the San Diego Association of Governments, the San Diego
Metropolitan Transit System, and the Santa Clara Valley
Transportation Authority with various powers and duties relative to
the operation of public transit.
   This bill would additionally authorize the operation of transit
buses on the shoulder of a segment of a state highway designated
under the program within the areas served by the transit services of
the  7   8  entities described above,
subject to the same conditions and requirements. Two years after
commencing the operation of the program, the bill would require a
participating entity, in conjunction with the department and the
Department of the California Highway Patrol, to submit a report to
the Legislature that includes specified information about the
program. The bill would also require the participating entity to post
the report on its Internet Web site to enable the public to access
the report.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 148.1 of the Streets and Highways Code is
amended to read:
   148.1.  (a) Notwithstanding any other law, the Alameda-Contra
Costa Transit District, the Central Contra Costa Transit Authority,
the Livermore Amador Valley Transit Authority,  the Los Angeles
Metropolitan Transit Authority, the Monterey-Salinas Transit
District, the North County Transit District, the San Diego
Association of Governments, the San Diego Metropolitan Transit
System, the Santa Clara Valley Transportation Authority, and the
Santa Cruz Metropolitan Transit District may conduct a transit
bus-only program using the shoulders of certain highways in the state
highway system within the areas served by the transit services of
each entity, with the approval of the department and the Department
of the California Highway Patrol. The department, the Department of
the California Highway Patrol, and each participating transit entity
shall jointly determine the segments of each highway where it is
appropriate to designate the shoulders as transit bus-only traffic
corridors, based upon factors that shall include, but are not limited
to, right-of-way availability and capacity, peak congestion hours,
and the most heavily congested areas. Under the program, the
participating transit entities shall actively work with the
department and the Department of the California Highway Patrol to
develop guidelines that ensure driver and vehicle safety and the
integrity of the infrastructure.
   (b) The development of the guidelines shall be done with
transparency, including the opportunity for public comment.
   (c) The department and the participating transit entities shall
monitor the state of repair of highway shoulders used in the program,
including repairs attributable to the operation of transit buses on
the shoulders.
   (d) The participating transit entities shall be responsible for
all costs attributable to this program, including costs related to
repairs attributable to the operation of transit buses on shoulders.
   (e) The program may commence operation as soon as guidelines are
agreed to by the participating transit entities, the department, and
the Department of the California Highway Patrol.
   (f) (1) Two years after commencing the operation of the program, a
participating transit entity, in conjunction with the department and
the Department of the California Highway Patrol, shall submit a
report to the Legislature that includes all of the following:
   (A) Information regarding the geographic scope of the program.
   (B) A copy of the guidelines agreed to by the participating
entity, the department, and the Department of the California Highway
Patrol.
   (C) Information about any highway modifications.
   (D) Information regarding the costs associated with the program.
   (E) Performance measures used to evaluate the success of the
program, such as safety, freeway operations, and transit travel time
reliability and savings.
   (2) The participating entity shall post the report required by
this subdivision on its Internet Web site to enable the public to
access the report.
   (3) The report submitted pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government Code.
   (g) As used in this section, "highway" includes "freeway."
  SEC. 2.  Section 21650 of the Vehicle Code is amended to read:
   21650.  Upon all highways, a vehicle shall be driven upon the
right half of the roadway, except as follows:
   (a) When overtaking and passing another vehicle proceeding in the
same direction under the rules governing that movement.
   (b) When placing a vehicle in a lawful position for, and when the
vehicle is lawfully making, a left turn.
   (c) When the right half of a roadway is closed to traffic under
construction or repair.
   (d) Upon a roadway restricted to one-way traffic.
   (e) When the roadway is not of sufficient width.
   (f) When the vehicle is necessarily traveling so slowly as to
impede the normal movement of traffic, that portion of the highway
adjacent to the right edge of the roadway may be utilized temporarily
when in a condition permitting safe operation.
   (g) This section does not prohibit the operation of bicycles on
any shoulder of a highway, on any sidewalk, on any bicycle path
within a highway, or along any crosswalk or bicycle path crossing,
where the operation is not otherwise prohibited by this code or local
ordinance.
   (h) This section does not prohibit the operation of a transit bus
on the shoulder of a state highway in conjunction with the
implementation of a program authorized pursuant to Section 148.1 of
the Streets and Highways Code.