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SB-1283 Department of Transportation: state highways: transit bus pilot program.(2019-2020)

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Date Published: 03/26/2020 09:00 PM
SB1283:v98#DOCUMENT

Amended  IN  Senate  March 26, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1283


Introduced by Senator Beall
(Coauthor: Senator Hill)(Coauthors: Senators Hill and Pan)
(Coauthors: Assembly Members Chiu, McCarty, and Mark Stone)(Coauthors: Assembly Members Chiu, Gloria, McCarty, Nazarian, Mark Stone, and Wicks)

February 21, 2020


An act to amend add Section 148.1 of 148.2 to the Streets and Highways Code, and to amend Section 21650 of the Vehicle Code, relating to transportation.


LEGISLATIVE COUNSEL'S DIGEST


SB 1283, as amended, Beall. Transit buses: Counties of Monterey and Santa Cruz. Department of Transportation: state highways: transit bus pilot program.
Existing law vests the Department of Transportation with full possession and control of the state highway system and associated real property. Existing law generally requires vehicles to be driven upon the right half of a roadway, defined to include only that portion of a highway improved, designed, or ordinarily used for vehicular travel. Existing law generally prohibits the driver of a vehicle from overtaking and passing another vehicle by driving off the paved or main-traveled portion of the roadway.
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, as provided.
This bill would make nonsubstantive changes to these provisions. authorize the Department of Transportation to establish a pilot program to authorize a transit operator or operators to operate transit buses on the shoulders of state highways, under a project selected under the program. The bill would authorize an operator or operators, in partnership with a regional transportation agency that meets specified requirements, to submit an application to the department to establish and operate a project under the program. The bill would authorize the department to select no more than 8 total projects under the program using guidelines developed with input from the Department of the California Highway Patrol and the public. The bill would require the department, the Department of the California Highway Patrol, and the operator or operators and regional transportation agency that submitted the application to jointly determine the state highways, or segment of state highways, that will be used in a project. The bill would require the applicable regional transportation agency to be responsible for all costs attributable to the project. Two years after commencing a project, the bill would require an operator or operators, in conjunction with the applicable regional transportation agency, to submit a report to the Legislature that includes certain information about the project.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 148.2 is added to the Streets and Highways Code, to read:

148.2.
 (a) For purposes of this section, the following definitions apply:
(1) “Operator” has the same meaning as defined in Section 99210 of the Public Utilities Code.
(2) “Regional transportation agency” has the same meaning as defined in subdivision (k) of Section 149.7.
(b) Notwithstanding any other law, the department may establish a pilot program to authorize an operator or operators to operate transit buses on the shoulders of state highways or segments of state highways under a project selected pursuant to subdivision (e). The department may authorize no more than four projects under the program on state highways located in the counties comprising Group No. 1, as specified in Section 187, and no more than four projects on state highways located in the counties comprising Group No. 2, as specified in Section 187.
(c) (1) The department, with input from the Department of the California Highway Patrol and the public, shall develop guidelines for the selection and operation of projects under the pilot program that ensure driver and vehicle safety and the integrity of state highway infrastructure.
(2) The guidelines shall establish a speed limit for the operation of transit buses participating in the program of no more than 35 miles per hour.
(d) An operator or operators, in partnership with a regional transportation agency responsible for programming regional transportation improvement program funds or that collects a countywide special tax dedicated for transportation purposes, may submit an application to the department to establish and operate a project.
(e) (1) The department shall evaluate and select applications for projects submitted pursuant to subdivision (d) using the guidelines developed pursuant to subdivision (c).
(2) The department, the Department of the California Highway Patrol, and the operator or operators and regional transportation agency that submitted the application shall jointly determine the state highways, or segment of state highways, that will be used in a project.
(f) The department and the applicable regional transportation agency shall monitor the state of repair of highway shoulders used in the project, including necessary repairs resulting from the operation of transit buses on the shoulders.
(g) The regional transportation agency shall be responsible for all costs attributable to its project, including costs related to necessary repairs resulting from the operation of transit buses on shoulders.
(h) (1) Two years after commencing the operation of a project, an operator or operators, in conjunction with the regional transportation agency, shall submit a report to the Legislature that includes all of the following:
(A) Information regarding the geographic scope of the project.
(B) Information about any highway modification necessary to support the project.
(C) Information regarding the costs associated with the project.
(D) The performance measures used to evaluate the success of the project, such as safety, freeway operations, and transit travel time reliability and savings.
(2) The regional transportation agency shall post the report required by this subdivision on its internet website to enable the public to access the report.
(3) The report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

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 or 148.2 of the Streets and Highways Code on state highways within the areas served by the transit services of the Monterey-Salinas Transit District or the Santa Cruz Metropolitan Transit District. Code.

SECTION 1.Section 148.1 of the Streets and Highways Code is amended to read:
148.1.

(a)Notwithstanding any other law, the Monterey-Salinas Transit District 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 the districts, with the approval of the department and the Department of the California Highway Patrol. The department, the Department of the California Highway Patrol, and participating transit districts 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 districts 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 districts 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 districts 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 transit districts, the department, and the Department of the California Highway Patrol.

(f)As used in this section, “highway” includes “freeway.”