Amended in Assembly April 17, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 493

Introduced by Assembly Member Daly

February 20, 2013

An act to amend Section 27565 of the Streets and Highways Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

AB 493, as amended, Daly. Toll facilities.

Existing law requires the Department of Transportation, in cooperation with the Golden Gate Bridge, Highway and Transportation District and all known entities planning to implement a toll facility, to develop and adopt functional specifications and standards for an automatic vehicle identification system, as specified, and generally requires any automatic vehicle identification system purchased or installed after January 1, 1991, to comply with those specifications and standards. Existing federal law, pursuant to the Moving Ahead for Progress in the 21st Century Act (MAP-21), requires all toll facilities on federal-aid highways to implement technologies or business practices that provide for the interoperability of electronic toll collection programs no later than begin delete July 6, 2016 end delete begin insert a specified date end insert .

This bill would authorize operators of toll facilities on federal-aid highways to fully implement technologies or business practices that provide for the interoperability of electronic toll collection programs on and after begin delete July 6, 2016. end delete begin insert the date specified in MAP-21. The bill would limit the information that may be disclosed through participation in an interoperability program, as specified. end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

The Legislature finds and declares both of the
following:

(a) Subsection (b) of Section 1512 of the federal Moving Ahead
for Progress in the 21st Century Act (MAP-21; Public Law
112-141) requires all toll facilities on federal-aid highways to
implement technologies or business practices that provide for the
interoperability of electronic toll collection programs no later than
begin delete July 6, 2016 end delete begin insert a specified date end insert .

(b) It is the intent of the Legislature to fully comply with federal
law with respect to electronic toll collection interoperability
requirements on federal-aid highways.

SEC. 2.  

Section 27565 of the Streets and Highways Code is
amended to read:

27565.  

(a) The department, in cooperation with the district
and all known entities planning to implement a toll facility in this
state, shall develop and adopt functional specifications and
standards for an automatic vehicle identification system, in
compliance with all of the following objectives:

(1) In order to be detected, the driver shall not be required to
reduce speed below the applicable speed for the type of facility
being used.

(2) The vehicle owner shall not be required to purchase or install
more than one device to use on all toll facilities, but may be
required to have a separate account or financial arrangement for
the use of these facilities.

(3) The facility operators shall have the ability to select from
different manufacturers and vendors. The specifications and
standards shall encourage multiple bidders, and shall not have the
effect of limiting the facility operators to choosing a system that
is able to be supplied by only one manufacturer or vendor.

(b) Except as provided in subdivision (c), any automatic vehicle
identification system purchased or installed after January 1, 1991,
shall comply with the specifications and standards adopted pursuant
to subdivision (a).

(c) Subdivision (b) does not apply to an interim automatic
vehicle identification system for which a contract is entered into
between an entity planning to implement a toll facility and the
supplier of the interim system prior to January 1, 1994, if both of
the following requirements are met:

(1) The department has made a written determination that the
installation and operation of the interim system will expedite the
completion of the toll facility and its opening to public use.

(2) The entity planning to implement the toll facility has entered
into an agreement with the department to install, within five years
after any portion of the toll facility is opened for public use, an
automatic vehicle identification system meeting the specifications
and standards adopted pursuant to subdivision (a).

(d) The automated vehicle identification system developed by
the department pursuant to subdivision (a) shall be capable of
identifying various types of vehicles, including, but not limited to,
commercial vehicles.

(e)  begin delete Notwithstanding anything in this section, or any other law
to the contrary, on end delete begin insert On end insert and after begin delete July 6, 2016 end delete begin insert the date specified in
the federal Moving Ahead for Progress in the 21st Century Act for
implementation of interoperability of electronic toll collection on
federal-aid highways end insert , operators of toll facilities on federal-aid
highways may fully implement technologies or business practices
that provide for the interoperability of electronic toll collection
programs consistent with federal law. begin insert Operators of toll facilities
on federal-aid highways engaged in an interoperability program
may provide only the following information regarding a vehicle’s
use of the toll facility, and shall otherwise comply with all federal
and state privacy protection laws, including, but not limited to,
Section 31490: end insert

begin insert

(1) License plate number.

end insert begin insert

(2) Transponder identification number.

end insert begin insert

(3) Date and time of transaction.

end insert begin insert

(4) Identity of the agency operating the toll facility.

end insert