Date of Hearing: March 20, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 158

Author:(Voepel) – As Amended Ver:February 26, 2019

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the Department of Transportation (Caltrans), in consultation with the California Highway Patrol (CHP), to conduct a study to evaluate the capacity of the state to provide adequate parking and rest facilities for commercial vehicles engaged in transportation, to be submitted to the Legislature on or before January 1, 2021.

FISCAL EFFECT:

1. Onetime costs (special fund) to Caltrans, in the range of tens of thousands of dollars to hundreds of thousands of dollars, to conduct the study.
2. Onetime costs (special fund) to CHP, in the tens of thousands of dollars, to consult with Caltrans on the study.

(Both Caltrans and CHP indicate they already are engaged in a study that fulfills the requirements of this bill and, therefore, neither agencies will incur new costs as a result of this bill. However, because the bill mandates Caltrans and CHP undertake the study, this analysis attributes the costs of the study to the bill.)

COMMENTS:

Purpose and Background. This bill seeks to better ensure there are a sufficient number of safe rest and parking areas for drivers of commercial vehicles. The bill follows a finding by the United States Department of Transportation (USDOT) that California has one of the lowest number of parking spaces available to drivers of commercial vehicles, when considered on a vehicle-miles-traveled basis. The finding resulted from a statutorily required multistate survey by USDOT to evaluate the capability of each state to:

• Provide adequate parking and rest facilities for commercial motor vehicles engaged in interstate transportation.
• Assess the volume of commercial motor vehicle traffic in each state.
• Develop a system of metrics to measure the adequacy of commercial motor vehicle parking facilities in each state.

Federal law ordered the USDOT survey, and made related funding available, following the murder, in 2009, of Jason Rivenburg, a long-haul trucker who had stopped to rest at an abandoned gas station in South Carolina.

As noted above, both Caltrans and CHP indicate they already are engaged in a study that fulfills the requirements of this bill. This assertion raises the question of the necessity of this bill.

Analysis Prepared by: Jay Dickenson / APPR. / (916) 319-2081

Date of Hearing: March 11, 2019

ASSEMBLY COMMITTEE ON TRANSPORTATION

Jim Frazier, Chair

ABPCA Bill Id:AB 158 (

Author:Voepel) – As Amended Ver:February 26, 2019

SUBJECT: Roadside rest areas: commercial vehicles: parking

SUMMARY: Requires the Department of Transportation (Caltrans), in consultation with the California Highway Patrol (CHP), to conduct a study evaluating parking availability for commercial vehicles.

Specifically, this bill:

1. Requires Caltrans, in consultation with CHP, to conduct a study evaluating parking availability for commercial vehicles.
2. Requires the study to evaluate the capacity of the state to provide adequate parking and rest facilities for commercial vehicles, assess the volume of commercial motor vehicle traffic in the state, and develop a system of metrics to measure the adequacy of commercial motor vehicle parking facilities in the state.
3. Requires Caltrans to prepare and submit a report of its findings to the appropriate policy and fiscal committees of the Legislature and post on Caltrans’ website on or before January 1, 2021.

EXISTING LAW:

1. Requires CHP to establish hours-of-service requirements for vehicles engaged in interstate or intrastate commerce that are in line with federal law.

EXISTING FEDERAL LAW:

1. Requires commercial vehicles carrying property to have an 11-hour driving limit after 10 consecutive hours off duty.
2. Requires commercial vehicles carrying passengers to have a 10-hour driving limit after 8 consecutive hours off duty.
3. Requires the U.S. Department of Transportation (USDOT) to conduct a survey and comparative assessment, in consultation with relevant state motor carrier representatives, to:
4. Evaluate the capacity of each state to provide adequate parking and rest facilities for commercial motor vehicles engaged in interstate transportation.
5. Assess the volume of commercial motor vehicle traffic in each state, and
6. Develop a system of metrics to measure the adequacy of commercial motor vehicle parking facilities in each state.

FISCAL EFFECT: Unknown

COMMENTS: In 2009 Jason Rivenburg, a New York truck driver, was murdered in a robbery attempt while resting at an abandoned South Carolina gas station en route to a delivery destination. His death spurred a multi-year effort to pass a federal law that has become known as “Jason’s Law.” In 2009, several bills were introduced to provide federal funding for improving rest stop areas for commercial vehicles. In 2012, the measure was passed and signed into law by President Obama as part of MAP-21. Jason’s Law made federal funding available for the construction of safety rest areas that include parking for commercial motor vehicles.

In addition to making available federal funds for the construction of rest areas, the federal law also directed USDOT to conduct a multistate survey to evaluate the capability of each state to: provide adequate parking and rest facilities for commercial motor vehicles engage in interstate transportation; assess the volume of commercial motor vehicle traffic in each state; and develop a system of metrics to measure the adequacy of commercial motor vehicle parking facilities in the states.

In August of 2015 USDOT released its first survey results. 75% of truck drivers reported regularly experiencing problems with finding safe parking locations when rest was needed. Almost half the state Departments of Transportation reported unofficial and/or illegal parking on freeway interchange ramps and shoulders of highways.

While the survey found California to have a high number of parking spots available, it also found the state to have one of the lowest number of total spaces in relation to vehicle miles traveled. California also indicated that there were at least 11 areas of the state where truckers were regularly parking at freeway entrance and exit ramps, freeway shoulders and roadways accessing freeway ramps, all of which are illegal, and as noted by the study, “a serious potential hazard to other motorists.”

Committee comments: The study authorized by this bill is duplicative with the federal study that has already been conducted. USDOT has also begun its second round of surveys. Nonetheless, a study conducted by the state may be helpful in leveraging funds under Jason’s Law for additional rest areas.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file

Opposition

None on file

Analysis Prepared by: David Sforza / TRANS. / (916) 319-2093