California Assembly Bill AB405 Amended / Bill

 BILL NUMBER: AB 405AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 14, 2013 INTRODUCED BY Assembly Member Gatto FEBRUARY 15, 2013 An act  to amend Section 149 of, and  to add and repeal Section  21655.95   149.   2  of  ,  the  Vehicle   Streets and Highways  Code, relating to highways. LEGISLATIVE COUNSEL'S DIGEST AB 405, as amended, Gatto. Highways: high-occupancy vehicle lanes:  State Highway Route 134.   County of Los Angeles.  Existing law authorizes the Department of Transportation  and local authorities, with respect to highways under their respective jurisdictions  , to designate certain lanes for the exclusive or preferential use of high-occupancy vehicles. When those exclusive or preferential use lanes are established and double parallel solid lines are in place to the right thereof, existing law prohibits any person driving a vehicle from crossing over those double lines to enter into or exit from the lanes, and entrance or exit from those lanes is authorized only in areas designated for these purposes or where a single broken line is in place to the right of the lanes, except as specified.  The bill would permit the department to establish or modify existing high-occupancy vehicle lanes in the County of Los Angeles to provide continuous access to high-occupancy vehicles. The bill would prohibit the department from converting an existing mixed-flow lane in the County of Los Angeles into a high-occupancy vehicle lane.    This bill would prohibit, until June 1, 2014, any high-occupancy vehicle lane from being established on  State Highway Route 134 between State Route 170 and Interstate 5   specified state highway routes in the County of Los Angeles,  unless that lane is established as a high-occupancy vehicle lane only during the hours of heavy commuter traffic, as determined by the department. This bill would require any existing high-occupancy vehicle lane established at the specified location to be modified to conform with those requirements. This bill would require the  Legislative Analyst   department  to report to the Legislature on the impact on traffic by limiting the use of high-occupancy lanes as provided in the bill. 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 149 of the   Streets and Highways Code   is amended to read:  149.  (a)    The department may construct exclusive or preferential lanes for buses only or for buses and other high-occupancy vehicles, and may authorize or permit  such  exclusive or preferential use of designated lanes on existing highways that are part of the State Highway System. Prior to constructing  such   those  lanes, the department shall conduct competent engineering estimates of the effect of  such   th   e  lanes on safety, congestion, and highway capacity.  To   (b)     To  the extent they are available, the department may apply for and use federal  aid  funds appropriated for the design, construction, and use of  such   those  exclusive or preferential lanes, but may also use other State Highway Account funds, including other federal  aid  funds, for those purposes where proper and desirable.  (c) Notwithstanding any other law, the department may establish or modify existing high-occupancy vehicle lanes in the County of Los Angeles to provide continuous access to buses and other high-occupancy vehicles.   (d) Notwithstanding any other law, the department shall not convert an existing mixed-flow lane in the County of Los Angeles into a high-occupancy vehicle lane, unless required by federal law.   This   (e)     This  section shall be known and may be cited as the Carrell Act. SEC. 2.   Section 149.2 is added to the   Streets and Highways Code   , to read:   149.2. (a) Notwithstanding any other law, a high-occupancy vehicle lane shall not be established on State Highway Route 134 between State Highway Route 170 and State Highway Route 5, on State Highway Route 210 between State Highway Route 134 and State Highway Route 57, or on any other state highway route within the County of Los Angeles, as determined by the department, unless the lane is established as a high-occupancy vehicle lane only during the hours of heavy commuter traffic, as determined by the department. (b) Any existing high-occupancy vehicle lane located as described in subdivision (a) shall be modified as necessary to conform with subdivision (a). (c) (1) The department shall report to the Legislature on or before July 1, 2015, on the impact on traffic by limiting the use of high-occupancy vehicle lanes during the hours of heavy commuter traffic as provided in subdivision (a). (2) The requirement for submitting a report imposed under paragraph (1) is inoperative on October 1, 2019, pursuant to Section 10231.5 of the Government Code. (3) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (d) On or after November 1, 2014, if the department determines that there is an adverse impact on safety, traffic conditions, or the environment by limiting the use of high-occupancy vehicle lanes during the hours of heavy commuter traffic as provided in subdivision (a), the department may submit to the Legislature a notice of that determination and intent to reinstate 24-hour high-occupancy vehicle lanes. (e) This section shall remain in effect until no less than 60 days after the date the Legislature receives the notice described in subdivision (d) and is repealed thereafter.   SECTION 1.   Section 21655.95 is added to the Vehicle Code, to read: 21655.95. (a) Notwithstanding any other law, no high-occupancy vehicle lane may be established on State Highway Route 134 between State Highway Route 170 and Interstate 5 unless the lane is established as a high-occupancy vehicle lane only during the hours of heavy commuter traffic, as determined by the Department of Transportation. (b) Any existing high-occupancy vehicle lane located as described in subdivision (a) shall be modified as necessary to conform with subdivision (a). (c) The Legislative Analyst shall report to the Legislature on or before March 31, 2014, on the impact on traffic by limiting the use of high-occupancy vehicle lanes during the hours of heavy commuter traffic as provided in subdivision (a). (d) This section shall become inoperative on June 1, 2014, and, as of January 1, 2015, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2015, deletes or extends the dates on which it becomes inoperative and is repealed.