BILL NUMBER: AB 1105 ENROLLED
BILL TEXT
PASSED THE SENATE JULY 1, 2011
PASSED THE ASSEMBLY MAY 12, 2011
AMENDED IN ASSEMBLY APRIL 13, 2011
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Gordon
FEBRUARY 18, 2011
An act to amend Section 149.6 of the Streets and Highways Code,
and to amend Section 21460 of the Vehicle Code, relating to
transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 1105, Gordon. High-occupancy toll lanes: roadway markings.
(1) Existing law authorizes the Santa Clara Valley Transportation
Authority (VTA) to conduct, administer, and operate a value pricing
high-occupancy toll (HOT) lane program on 2 corridors included in the
high-occupancy vehicle lane system in Santa Clara County.
This bill would provide that such a HOT lane established on State
Highway Route 101 may extend into San Mateo County as far as the
high-occupancy vehicle lane in that county existed as of January 1,
2011, subject to agreement of the City/County Association of
Governments of San Mateo County.
Existing law requires revenues generated by a HOT lane corridor to
be available to VTA for direct expenses related to the operation,
maintenance, construction, and administration of the corridor, with
any remaining revenues to be used in the corridor where generated
exclusively for preconstruction, construction, and other related
costs of high-occupancy vehicle facilities and improvement of transit
service, including support for transit operations.
This bill would require the remaining revenues generated by a HOT
lane corridor that extends into San Mateo County to be shared for
eligible purposes by the 2 counties pursuant to an agreement between
VTA and the City/County Association of Governments of San Mateo
County.
(2) Existing law prohibits a person from driving a vehicle to the
left of double parallel solid lines, except in certain situations,
including when turning to the left at an intersection or into or out
of a driveway or private road. A violation of the Vehicle Code is a
crime.
This bill would limit the above prohibition to double parallel
solid yellow lines. The bill would prohibit a person driving a
vehicle from crossing over any part of double parallel solid white
lines except in the above situations or when entering or exiting
designated areas of exclusive or preferential use lanes, as provided.
By creating a new crime, the bill would impose a state-mandated
local program.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 149.6 of the Streets and Highways Code is
amended to read:
149.6. (a) Notwithstanding Sections 149 and 30800, and Section
21655.5 of the Vehicle Code, the Santa Clara Valley Transportation
Authority (VTA) created by Part 12 (commencing with Section 100000)
of the Public Utilities Code may conduct, administer, and operate a
value pricing program on any two of the transportation corridors
included in the high-occupancy vehicle lane system in Santa Clara
County in coordination with the Metropolitan Transportation
Commission and consistent with Section 21655.6 of the Vehicle Code. A
high-occupancy toll lane established on State Highway Route 101
pursuant to this section may extend into San Mateo County as far as
the high-occupancy vehicle lane in that county existed as of January
1, 2011, subject to agreement of the City/County Association of
Governments of San Mateo County.
(1) VTA, under the circumstances described in subdivision (b), may
direct and authorize the entry and use of those high-occupancy
vehicle lanes by single-occupant vehicles for a fee. The fee
structure shall be established from time to time by the authority. A
high-occupancy vehicle lane may only be operated as a high-occupancy
toll (HOT) lane during the hours that the lane is otherwise
restricted to use by high-occupancy vehicles.
(2) VTA shall enter into a cooperative agreement with the Bay Area
Toll Authority to operate and manage the electronic toll collection
system.
(b) Implementation of the program shall ensure that Level of
Service C, as measured by the most recent issue of the Highway
Capacity Manual, as adopted by the Transportation Research Board, is
maintained at all times in the high-occupancy vehicle lanes, except
that subject to a written agreement between the department and VTA
that is based on operating conditions of the high-occupancy vehicle
lanes, Level of Service D shall be permitted on the high-occupancy
vehicle lanes. If Level of Service D is permitted, the department and
VTA shall evaluate the impacts of these levels of service on the
high-occupancy vehicle lanes, and indicate any effects on the
mixed-flow lanes. Continuance of Level of Service D operating
conditions shall be subject to the written agreement between the
department and VTA. Unrestricted access to the lanes by
high-occupancy vehicles shall be available at all times. At least
annually, the department shall audit the level of service during peak
traffic hours and report the results of that audit at meetings of
the program management team.
(c) Single-occupant vehicles that are certified or authorized by
the authority for entry into, and use of, the high-occupancy vehicle
lanes in Santa Clara County, and, if applicable, San Mateo County as
provided in subdivision (a), are exempt from Section 21655.5 of the
Vehicle Code, and the driver shall not be in violation of the Vehicle
Code because of that entry and use.
(d) VTA shall carry out 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 program. With the assistance of the department, VTA shall
establish appropriate traffic flow guidelines for the purpose of
ensuring optimal use of the high-occupancy toll lanes by
high-occupancy vehicles without adversely affecting other traffic on
the state highway system.
(e) (1) Agreements between VTA, the department, and the Department
of the California Highway Patrol shall identify the respective
obligations and liabilities of those entities and assign them
responsibilities relating to the program. The agreements entered into
pursuant to this section shall be consistent with agreements between
the department and the United States Department of Transportation
relating to this program. The agreements shall include clear and
concise procedures for enforcement by the Department of the
California Highway Patrol of laws prohibiting the unauthorized use of
the high-occupancy vehicle lanes, which may include the use of video
enforcement. The agreements shall provide for reimbursement of state
agencies, from revenues generated by the program, federal funds
specifically allocated to the authority for the program by the
federal government, or other funding sources that are not otherwise
available to state agencies for transportation-related projects, for
costs incurred in connection with the implementation or operation of
the program.
(2) The revenues generated by the program shall be available to
VTA for the direct expenses related to the operation (including
collection and enforcement), maintenance, construction, and
administration of the program. The VTA's administrative costs in the
operation of the program shall not exceed 3 percent of the revenues.
(3) All remaining revenue generated by the program shall be used
in the corridor from which the revenues were generated exclusively
for the preconstruction, construction, and other related costs of
high-occupancy vehicle facilities and the improvement of transit
service, including, but not limited to, support for transit
operations pursuant to an expenditure plan adopted by the VTA. To the
extent a corridor extends into San Mateo County pursuant to
subdivision (a), VTA and the City/County Association of Governments
of San Mateo County shall, by agreement, determine how remaining
revenue shall be shared for expenditure in Santa Clara County and San
Mateo County consistent with this paragraph.
(f) (1) The VTA may issue bonds, refunding bonds, or bond
anticipation notes, at any time to finance construction and
construction-related expenditures necessary to implement the value
pricing program established pursuant to subdivision (a) and
construction and construction-related expenditures that are provided
for in the expenditure plan adopted pursuant to paragraph (3) of
subdivision (e), payable from the revenues generated from the
program.
(2) The maximum bonded indebtedness that may be outstanding at any
one time shall not exceed an amount that may be serviced from the
estimated revenues generated from the program.
(3) The bonds shall bear interest at a rate or rates not exceeding
the maximum allowable by law, payable at intervals determined by the
authority.
(4) Any bond issued pursuant to this subdivision shall contain on
its face a statement to the following effect:
"Neither the full faith and credit nor the taxing power of the State
of California is pledged to the payment of principal of, or the
interest on, this bond."
(5) Bonds shall be issued pursuant to a resolution of VTA adopted
by a two-thirds vote of its governing board. The resolution shall
state all of the following:
(A) The purposes for which the proposed debt is to be incurred.
(B) The estimated cost of accomplishing those purposes.
(C) The amount of the principal of the indebtedness.
(D) The maximum term of the bonds and the interest rate.
(E) The denomination or denominations of the bonds, which shall
not be less than five thousand dollars ($5,000).
(F) The form of the bonds, including, without limitation,
registered bonds and coupon bonds, to the extent permitted by federal
law, the registration, conversion, and exchange privileges, if
applicable, and the time when all of, or any part of, the principal
becomes due and payable.
(G) Any other matters authorized by law.
(6) The full amount of bonds may be divided into two or more
series and different dates of payment fixed for the bonds of each
series. A bond shall not be required to mature on its anniversary
date.
(g) Not later than three years after VTA first collects revenues
from any of the projects described in paragraph (1) of subdivision
(a), VTA shall submit a report to the Legislature on its findings,
conclusions, and recommendations concerning the demonstration program
authorized by this section. The report shall include an analysis of
the effect of the HOT lanes on adjacent mixed-flow lanes and any
comments submitted by the department and the Department of the
California Highway Patrol regarding operation of the lanes.
SEC. 2. Section 21460 of the Vehicle Code is amended to read:
21460. (a) If double parallel solid yellow lines are in place, a
person driving a vehicle shall not drive to the left of the lines,
except as permitted in this section.
(b) If double parallel solid white lines are in place, a person
driving a vehicle shall not cross any part of those double solid
white lines, except as permitted in this section or Section 21655.8.
(c) If the double parallel lines, one of which is broken, are in
place, a person driving a vehicle shall not drive to the left of the
lines, except as follows:
(1) If the driver is on the side of the roadway in which the
broken line is in place, the driver may cross over the double lines
or drive to the left of the double lines when overtaking or passing
other vehicles.
(2) As provided in Section 21460.5.
(d) The markings as specified in subdivision (a), (b), or (c) do
not prohibit a driver from crossing the marking if (1) turning to the
left at an intersection or into or out of a driveway or private
road, or (2) making a U-turn under the rules governing that turn, and
the markings shall be disregarded when authorized signs have been
erected designating offcenter traffic lanes as permitted pursuant to
Section 21657.
(e) Raised pavement markers may be used to simulate painted lines
described in this section if the markers are placed in accordance
with standards established by the Department of Transportation.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.