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AB-476 Department of Transportation: state highways: part-time transit lane pilot program.(2021-2022)

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Date Published: 09/07/2021 09:00 PM
AB476:v97#DOCUMENT

Amended  IN  Assembly  September 07, 2021
Amended  IN  Assembly  March 16, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 476

Introduced by Assembly Member Mullin

February 08, 2021

An act to add Section 148.2 to the Streets and Highways Code, and to amend Section Sections 21650 and 21755 of the Vehicle Code, relating to transportation.


LEGISLATIVE COUNSEL'S DIGEST


AB 476, as amended, Mullin. Department of Transportation: state highways: part-time transit bus lane 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 1/2 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 authorize require the Department of Transportation to establish a pilot program to authorize a transit operator or operators operators, in partnership with an eligible transportation agency, to operate part-time transit buses on the lanes, defined as designated highway 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. that support the operation of transit vehicles during specified times. The bill would require the department by January 1, 2024, to develop guidelines for the safe operation of part-time transit lanes, as provided, a training program for transit operators to operate transit buses on the shoulders of highways within the state, and a program to identify transit buses authorized to be used or operated in part-time transit lanes within the state. The bill would require the applicable regional eligible 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 eligible transportation agency, to submit a report to the Legislature that includes certain information about the project.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Part-time transit lane projects allow buses to travel on the shoulder of a highway, designated as transit-only lanes during certain times of the day, to bypass congestion during periods of heavy traffic. Deployment of this strategy reduces congestion on the highways and makes transit more reliable.
(b) Successful utilization of part-time transit lane programs follow strict safety protocol and bus operators using these facilities receive specialized training to ensure they are prepared for the safety requirements and operating parameters, which include all of the following:
(1) Shoulder use is restricted to when traffic is moving less than 35 miles per hour.
(2) Shoulder operations cannot exceed 35 miles per hour and cannot exceed mixed flow traffic speed by more than 15 miles per hour.
(3) Buses must yield to any vehicle entering the shoulder, including at freeway ramps.
(4) Buses must use the mixed flow lanes when the shoulder is blocked by disabled vehicles or debris.
(c) The Federal Highway Administration presently recognizes part-time transit lane shoulder use as a transportation system management and operation strategy for addressing congestion and reliability issues within the transportation system and has developed guidance for planning, design, operations, and safety analysis of these facilities. The guidance is called the “Use of Freeway Shoulders for Travel,” published in February 2016. This guidance provides case studies of part-time transit lane projects throughout the United States and discusses factors to consider when planning a part-time transit lane project, including stakeholder engagement and public input.
(d) There are many forms of part-time shoulder use or “shoulder running;” however, they all involve use of the left or right shoulders of an existing roadway for temporary travel during certain hours of the day. Part-time shoulder use has primarily been used in locations where there is recurring congestion due to lack of peak period capacity through the corridor, particularly where other alternatives to peak period operations are infeasible or cost prohibitive, at least in the near term. In these situations, part-time shoulder use may be appropriate to reduce delays and improve travel-time reliability in a cost-effective manner. When buses can access part-time transit lanes, it results in benefits that include a reduction in transit travel times and improved transit reliability.
(e) These factors, in turn, make transit a more viable travel choice for commuters, reduce congestion and automobile delay by encouraging some drivers to shift to using transit, and eliminate the need for freeway widenings by utilizing the existing highway right-of-way instead.
(f) Although part-time transit lanes are a relatively new transit tool in California, other American cities have implemented this strategy with much success. Part-time transit lanes have been operating in Minneapolis-St. Paul, Minnesota, since 1991. Minnesota’s Metro Transit pioneered a simple way to get buses out of congestion by traveling on the shoulder instead of sitting in rush-hour traffic. The Twin Cities region now has more than 300 miles of freeway shoulder available to buses, more than three times the number of all metro areas in the country, combined.
(g) Minnesota’s Metro Transit originally developed part-time transit lanes as a means to move buses through traffic more efficiently, and therefore, more cost effectively. At the same time, the Minnesota Department of Transportation was looking for ways to make better use of existing lanes. They initially experimented with bus-only shoulders along Minnesota Highway 252 and found the following positive benefits for the public:
(1) Bus operators could stay on schedule.
(2) Commuters traveled to work or home faster.
(3) Overall, the system found that transit use, as quantified by ridership, increased.
(h) Based on the Minnesota example, other United States cities have successfully implemented part-time transit lane systems, some of which have been in operation for a number of years, including in Atlanta, Georgia; Chicago, Illinois; Columbus, Ohio; Miami, Florida; and Raleigh-Durham-Chapel Hill, North Carolina.
(i) Even now, part-time transit lane projects are being evaluated for deployment in several counties in California, including Contra Costa, Marin, San Francisco, Santa Cruz, and San Diego.
(j) One of the major stakeholders whose support is required to implement part-time transit lanes is law enforcement. In California, this responsibility rests with the Department of the California Highway Patrol. The Department of the California Highway Patrol relies on the configuration of our system to provide freeway shoulders for enforcement purposes and for clearing traffic incidents. The Department of the California Highway Patrol’s priority is to maintain safety for the public and officers on the highway and within shoulders and moreover, the Department of the California Highway Patrol’s motto is “safety, service, and security.”
(k) The state’s transportation system requires statewide guidance to identify the necessary infrastructure for the safe operations and enforcement of part-time transit lanes, including the requirement for striping, pavement markings, pullouts, signage, or additional infrastructure prior to part-time transit lane operations. Similarly, well-defined and developed training programs for bus operators will be a critical aspect of a part-time transit lane program to ensure the safe operations of transit within highway shoulders.
(l) The future deployment of part-time transit lanes will require coordination and input from the Department of Transportation and the Department of the California Highway Patrol throughout the planning, design, and implementation process.

SECTION 1.SEC. 2.

 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) “Eligible transportation agency” means a metropolitan planning organization, transportation planning agency, county transportation commission, or local transportation agency.

(1)

(2) “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.

(3) “Part-time transit lane” means designated highway shoulders that support the operation of transit vehicles during specified times.
(4) “Transit bus,” “transit buses,” or “buses” mean any bus owned or operated by a publicly owned or operated transit system or operated under contract with a publicly owned or operated transit system, and used to provide to the general public regularly scheduled transportation for which a fare is charged. A general public paratransit vehicle is not a transit bus.
(b) Notwithstanding any other law, the department may shall establish a pilot program to authorize an operator or operators operators, in partnership with an eligible transportation agency, to operate part-time 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. lanes.
(c) (1) The department, in consultation with input from the Transportation Agency, the Department of the California Highway Patrol Patrol, eligible transportation agencies, and the public, operators, shall develop guidelines by January 1, 2024, for the selection and operation of projects under the pilot program safe operation of part-time transit lanes that ensure driver and vehicle safety safety, the safety of law enforcement and highway workers, and the integrity of state highway infrastructure.
(2) The guidelines shall specify minimum highway shoulder width and signage requirements.

(2)

(3) 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. hour or 15 miles per hour faster than prevailing traffic, whichever is less.
(4) The guidelines shall establish protocols for transit vehicles to safely yield to emergency, maintenance, and disabled vehicles occupying a part-time transit lane.

(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.

(d) For purposes of implementing this section, the department and the Department of Motor Vehicles, in consultation with the Transportation Agency and the Department of the California Highway Patrol, shall by January 1, 2024, develop a training program for transit operators to operate transit buses on the shoulders of highways within the state and develop a program to identify transit buses authorized to be used or operated in a part-time transit lane within the state.

(f)

(e) The department and the applicable regional eligible 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. part-time transit lanes.

(g)

(f) The regional eligible 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. part-time transit lanes.

(h)

(g) (1) Two years after commencing the operation of a project, an operator or operators, in conjunction with the regional eligible 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 eligible 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.SEC. 3.

 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.

SEC. 4.

 Section 21755 of the Vehicle Code is amended to read:

21755.
 (a) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting that movement in safety. In no event shall that movement be made by driving off the paved or main-traveled portion of the roadway.
(b) This section does not prohibit the use of a bicycle in a bicycle lane or on a shoulder.
(c) 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 148.2 of the Streets and Highways Code on state highways.