BILL NUMBER: SB 1422	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 25, 2008
	AMENDED IN ASSEMBLY  AUGUST 22, 2008
	AMENDED IN SENATE  APRIL 7, 2008

INTRODUCED BY   Senator Ridley-Thomas
    (   Principal coauthor:   Assembly Member
  Nunez  ) 

                        FEBRUARY 21, 2008

   An act to add Section 149.9 to the Streets and Highways Code,
relating to transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1422, as amended, Ridley-Thomas. High-occupancy toll (HOT)
lanes.
   Existing law authorizes a regional transportation agency, in
cooperation with the Department of Transportation, to apply to the
California Transportation Commission to develop and operate
high-occupancy toll (HOT) lanes, including administration and
operation of a value-pricing program and exclusive or preferential
lane facilities for public transit. Existing law requires the
commission to review these applications and submit an eligible
application to the Legislature for approval or rejection. Existing
law requires approval to be achieved by enactment of a statute.
Existing law prohibits approval of an application on or after January
1, 2012.
   This bill would authorize a value-pricing and transit development
demonstration program involving HOT lanes to be conducted,
administered, developed, and operated on State Highway Route 110 and
Interstate 10 in Los Angeles County by the Los Angeles County
Metropolitan Transportation Authority (LACMTA). The bill would
require the LACMTA and the Department of Transportation to implement
the program pursuant to a cooperative agreement that addresses
specified matters in connection with the program and to establish
appropriate traffic flow guidelines, as specified. The bill would
authorize the LACMTA to establish, collect, and administer the toll
and to use the revenues for administrative costs, as specified. The
bill would require the LACMTA and the department to report to the
Legislature by December 31, 2012, on the demonstration program. 
The bill would make findings and declarations in this regard. 
   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.  The Legislature finds and declares all of the
following:
   (a) For two decades, the Los Angeles region has led the nation in
traffic congestion and has been identified as the region with the
worst air quality and congestion in the United States.
   (b) The region's population is expected to increase by another 2.4
million by 2030, while the number of registered vehicles in the
county has surpassed 7 million.
   (c) The population growth and economic demands on the region will
only continue to deteriorate the air quality and transportation
infrastructure within Los Angeles County.
   (d) The Los Angeles region must find innovative ways to use its
current transportation infrastructure in a manner consistent with
trying to reduce vehicle miles traveled, and must help the state meet
its greenhouse gas reduction goals and air quality improvement goals
while increasing its investment in public transportation.
   (e) The United States Department of Transportation has entered
into a memorandum of understanding with the Los Angeles County
Metropolitan Transportation Authority (LACMTA) and the Department of
Transportation to award $210.6 million in federal transit funding for
the purpose of enabling LACMTA to carry out a demonstration program
where high-occupancy vehicle lanes on selected freeways in Los
Angeles County would be converted into high-occupancy toll lanes
during the demonstration period.
   (f) Value-pricing is an important tool that will allow the Los
Angeles region to use its current highway system more efficiently by
allowing solo commuters to use designated high-occupancy vehicle
lanes on State Highway Route 110 and Interstate 10 where capacity
exists to absorb added commuters. 
   (g) Nothing in this act shall be construed to require the
Department of Transportation to take any action that is inconsistent
with any applicable federal law.  
   (h) It is the intent of the Legislature that the Department of
Transportation, in implementing this act and to the extent not
inconsistent with any other law, shall consider measures to maximize
vehicular travel on Interstate Highway 10 in the vicinity of the El
Monte Expressway. These measures may include, but are not limited to,
restriping the highway to add an additional lane in both directions
of the highway.  
   (i) It is the intent of the Legislature that the LACMTA, to the
extent consistent with the purposes of this act, shall use a portion
of the tolls collected on Interstate Highway 10 pursuant to this act
to fund a bus maintenance facility in El Monte. 
  SEC. 2.  Section 149.9 is added to the Streets and Highways Code,
to read:
   149.9.  (a) Pursuant to Section 149.7 and the memorandum of
understanding between the Los Angeles County Metropolitan
Transportation Authority (LACMTA), the United States Department of
Transportation, and the department, as adopted on July 24, 2008, and
any subsequent, mutually agreed upon changes to that memorandum, the
LACMTA may operate a value-pricing and transit development
demonstration program involving high-occupancy toll (HOT) lanes to be
conducted, administered, developed, and operated on State Highway
Route 110 and Interstate Highway 10 in Los Angeles County by the
LACMTA.
   (b) The LACMTA may implement the program in cooperation with the
department pursuant to a cooperative agreement that addresses all
matters related to design, construction, maintenance, and operation
of state highway system facilities in connection with the
value-pricing and transit program. With the assistance of the
department, the LACMTA may establish appropriate traffic flow
guidelines for the purpose of ensuring optimal use of the express
lanes by high-occupancy vehicles without adversely affecting other
traffic on the state highway system.
   (c) The LACMTA and the department may implement the demonstration
program under the following conditions:
   (1) The value-pricing program may be operated on State Highway
Route 110 and Interstate 10 in Los Angeles County on designated
high-occupancy vehicle  (HOV)  lanes. 
   (2) Single-occupant vehicles may be authorized to enter and use
the high-occupancy vehicle lanes in the identified corridors, under
conditions as determined by the LACMTA.  
   (2) (A) Single-occupant vehicles, or those vehicles that do not
meet minimum occupancy requirements, may be authorized to enter and
use the HOV lanes in the identified corridors, under conditions as
determined by the LACMTA.  
   (B) The LACMTA may not change the vehicle occupancy requirement
for access to the HOV lanes in the identified corridors during the
demonstration period that is authorized under this section. 
   (3) As part of the demonstration program, each proposed HOT lane
shall have nontolled alternative lanes available for public use in
the same corridor as the proposed HOT lanes.
   (4) The LACMTA shall implement a public outreach and
communications plan in order to solicit public input into the
development of the demonstration program.
   (5) In implementing the program, the LACMTA shall identify the
affected communities in the respective corridors and work with those
communities to identify impacts and develop mitigation measures.
   (6) The amount of the toll shall be established by the LACMTA, and
collected and administered in a manner determined by the LACMTA. The
LACMTA shall conduct a public hearing 30 days prior to setting or
increasing the toll.
   (7) The LACMTA shall assess the impacts of the program on
commuters of low income and shall provide mitigation to those
impacted commuters. Mitigation measures may include, but are not
limited to, reduced toll charges and toll credits for transit users.
Eligible commuters for reduced toll charges or toll credits for
transit users shall meet the eligibility requirements for assistance
programs under Chapter 2 (commencing with Section 11200) or Chapter 3
(commencing with Section 12000) of Part 3 of, Part 5 (commencing
with Section 17000) of, or Chapter 10 (commencing with Section
18900), Chapter 10.1 (commencing with Section 18930), or Chapter 10.3
(commencing with Section 18937) of Part 6 of, Division 9 of the
Welfare and Institutions Code.
   (8) Toll paying commuters shall have the option to purchase any
necessary toll paying equipment, prepay tolls, and renew toll
payments by cash or by using a credit card.
   (9) The LACMTA may operate the demonstration program until January
15, 2013, during which time it may not issue bonds for the
demonstration program.
   (10) The LACMTA and the department shall report to the Legislature
by December 31, 2012. The report shall include, but not be limited
to, a summary of the demonstration program, a survey of its users,
the impact on carpoolers, revenues generated, how transit service or
alternative modes of transportation were impacted  , any
potential effect on traffic congestion in the HOV lane and in the
neighboring lanes, the number of toll paying vehicles that utilized
the HOT lanes, any potential reductions in the greenhouse gas
emissions that are attributable to congestion reduction resulting
from the HOT lane demonstration project  , and a description of
the mitigation measures on the affected communities and commuters in
this demonstration program.
   (11) Pursuant to Section 149.7, the revenue generated from the
program may be available to the LACMTA for the direct expenses
related to the maintenance, administration, and operation, including
collection and enforcement, of the demonstration program.
Administrative expenses shall not exceed 3 percent of the revenues.
   (12) All remaining revenue generated by the demonstration program
shall be used in the corridor from which the revenue was generated
exclusively for preconstruction, construction, and other related
costs of high-occupancy vehicle facilities and the improvement of
transit service in the corridor, including, but not limited to,
support for transit operations pursuant to an expenditure plan
adopted by the LACMTA.