BILL NUMBER: AB 2498 CHAPTERED 09/21/04 CHAPTER 638 FILED WITH SECRETARY OF STATE SEPTEMBER 21, 2004 APPROVED BY GOVERNOR SEPTEMBER 21, 2004 PASSED THE ASSEMBLY AUGUST 25, 2004 PASSED THE SENATE AUGUST 24, 2004 AMENDED IN SENATE JUNE 22, 2004 AMENDED IN ASSEMBLY APRIL 12, 2004 AMENDED IN ASSEMBLY MARCH 22, 2004 INTRODUCED BY Assembly Member Longville FEBRUARY 19, 2004 An act to amend Sections 2560.5, 2561.5, 2562.1, 2562.3, and 2565 of the Streets and Highways Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGEST AB 2498, Longville. Freeway service patrols. Existing law, the Freeway Service Patrol Act, authorizes a freeway service patrol system managed by the Department of the California Highway Patrol, the Department of Transportation, and a regional or local entity to provide emergency roadside assistance on a freeway located in an urban area. Under existing law, the system is funded through a formula-based allocation and a Competitive Freeway Service Patrol Grant Program that awards grants on a competitive basis to a regional or local agency to provide a new or expanded freeway service patrol. This bill would designate the formula-based allocation as the baseline funding allocation. If additional funding is not provided to the baseline funding allocation, the bill would restrict the allocation of the funding to not more than a designated percentage of the total amount of the allocation for 3 years. The bill would also require a regional or local agency to demonstrate in its application for a baseline funding allocation submitted after July 1, 2003, an overall benefit-cost ratio of 3 to 1 pursuant to a methodology determined by the department. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 2560.5 of the Streets and Highways Code is amended to read: 2560.5. (a) The purpose of this chapter is to provide for the implementation of a freeway service patrol system using a formula-based allocation, referred to as baseline funding allocation, to all eligible regional and local agencies for traffic-congested urban freeways throughout the state, involving a cooperative effort between state and local agencies. All regional or local agency programs that meet the minimum eligibility requirements set forth in this section and Section 2562.1 shall receive initial funding from the baseline funding allocation. (b) In addition to the formula-based allocation program established, subject to funds being appropriated in the annual Budget Act, in subdivision (a), there is hereby established a Competitive Freeway Service Patrol Grant Program to provide funding of a freeway service patrol system to reduce traffic congestion. SEC. 2. Section 2561.5 of the Streets and Highways Code is amended to read: 2561.5. (a) Funding for the freeway service patrols established pursuant to this chapter shall be provided, upon appropriation in the annual Budget Act, from the State Highway Account in the State Transportation Fund. In addition, the appropriate regional or local entity shall ensure that local resources are expended on freeway service patrols in an amount not less than 25 percent of the amount provided from the State Highway Account. (b) In locations where a freeway service patrol exists, the department shall coordinate and integrate the funds appropriated pursuant to this section into the existing program. In the allocation of these funds, no local entity may be penalized for having an existing freeway service patrol program. (c) No state funding may be released prior to the execution of the agreement developed under Section 2561.3. (d) No program funded under this chapter may supplant emergency response towing services provided by the department as of January 1, 1992. (e) It is the intent of the Legislature that funding provided under subdivision (a) of Section 2560.5 be consistent from year to year in order to facilitate the awarding of multiyear contracts between participating regional and local entities and providers of freeway patrol services. The department shall only recognize multiyear contract commitments equal to or less than three years. If new freeway service patrol regional or local entity programs are added to the baseline funding allocation, as described in Section 2560.5, those programs shall be phased in so as not to impact the multiyear contract commitments. However, once a new application from an eligible regional or local entity is submitted and approved, the share of the baseline funding allocation to the regional or local agency shall be phased in within three years of the date the application is approved. SEC. 3. Section 2562.1 of the Streets and Highways Code is amended to read: 2562.1. (a) Funding for the program established in subdivision (a) of Section 2560.5 in a participating area shall be based 25 percent on the number of urban freeway lane miles in the participating area to the total number of freeway lane miles in all the participating areas, 50 percent on the basis of the ratio of the population of the participating area to the total population of all the participating areas, and 25 percent on the basis of traffic congestion as ascertained by the department pursuant to the most recent Statewide Highway Traffic Congestion Monitoring Program. A regional or local agency submitting an application after July 1, 2003, for funding shall demonstrate in the application an overall benefit-cost ratio of 3 to 1. The department shall determine the benefit-cost ratio methodology. (b) If a regional or local agency submits an application for funding that is approved by the department before December 31 of any year and additional funding is not provided to the baseline funding allocation, the department shall allocate the funding allocation at a maximum over three years as follows: (1) Thirty-three and three-tenths percent of the total amount of the allocation during the immediately following fiscal year. (2) Sixty-six and six-tenths percent of the total amount of the allocation during the fiscal year that immediately follows the fiscal year described in paragraph (1). (3) One hundred percent of the total amount of the allocation during the fiscal year that immediately follows the fiscal year described in paragraph (2). SEC. 4. Section 2562.3 of the Streets and Highways Code is amended to read: 2562.3. In determining the baseline annual funding allocation, regional or local entities shall apply to the department in accordance with operational standards as outlined in the program guidelines and in accordance with the eligibility requirements described in Sections 2561.5 and 2562.1. A regional or local entity that meets the eligibility requirements may not be denied its fair share of the baseline annual allocation made by the department. SEC. 5. Section 2565 of the Streets and Highways Code is amended to read: 2565. The department, the Department of the California Highway Patrol, and participating and eligible regional and local entities shall develop and periodically update guidelines for program operations, as those guidelines and updates may be required. The guidelines shall address operational requirements only and may not prevent a regional or local entity from entering the program.