AB 2090, as introduced, Fong. High-occupancy toll lanes: Santa Clara County.
Existing law authorizes the Santa Clara Valley Transportation Authority (VTA) to conduct, administer, and operate high-occupancy toll (HOT) lanes, under which single-occupancy vehicles may use high-occupancy vehicle lanes by paying a toll, on 2 state highway corridors within the county. Existing law requires that implementation of the HOT lanes ensure that specified levels of service, described as Level of Service C or D, as specified, be maintained at all times in the high-occupancy lanes and that unrestricted access to the lanes by high-occupancy vehicles be available at all times.
This bill would delete the reference to Level of Service C or D, and instead would require VTA to establish, with the assistance of the Department of Transportation, appropriate performance measures, such as speed or travel times, for the purpose of ensuring optimal use of the HOT lanes by high-occupancy vehicles without adversely affecting other traffic on the state highway system. The bill would provide for high-occupancy vehicles to have access to the lanes at all times rather than unrestricted access as under existing law.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 149.6 of the Streets and Highways Code
2 is amended to read:
(a) Notwithstanding Sections 149 and 30800, and
4Section 21655.5 of the Vehicle Code, the Santa Clara Valley
5Transportation Authority (VTA) created by Part 12 (commencing
6with Section 100000)begin insert of Division 10end insert of the Public Utilities Code
7may conduct, administer, and operate a value pricing program on
8any two of the transportation corridors included in the
9high-occupancy vehicle lane system in Santa Clara County in
10coordination with the Metropolitan Transportation Commission
11and consistent with Section 21655.6 of the Vehicle Code. A
12high-occupancy tollbegin insert (HOT)end insert lane established on State Highway
13Route 101 pursuant to this
section may extend into San Mateo
14County as far as the high-occupancy vehicle lane in that county
15existed as of January 1, 2011, subject to agreement of the
16City/County Association of Governments of San Mateo County.
17(1) VTA, under the circumstances described in subdivision (b),
18may direct and authorize the entry and use of those high-occupancy
19vehicle lanes by single-occupant vehicles for a fee. The fee
20structure shall be established from time to time by the authority.
21A high-occupancy vehicle lane may only be operated as a
22begin delete high-occupancy toll (HOT)end deletebegin insert HOTend insert lane during the hours that the
23lane is otherwise restricted to use by high-occupancy vehicles.
24(2) VTA shall enter into a cooperative
agreement with the Bay
25Area Toll Authority to operate and manage the electronic toll
26collection system.
27(b) Implementation of the program shall ensure that Level of
28Service C, as measured by the most recent issue of the Highway
29Capacity Manual, as adopted by the Transportation Research
30Board, is maintained at all times in the high-occupancy vehicle
31lanes, except that subject to a written agreement between the
32department and VTA that is based on operating conditions of the
33high-occupancy vehicle lanes, Level of Service D shall be
34permitted on the high-occupancy vehicle lanes. If Level of Service
35D is permitted, the department and VTA shall evaluate the impacts
36of these levels of service on the high-occupancy vehicle lanes, and
37indicate any effects on the mixed-flow lanes. Continuance of
Level
P3 1of Service D operating conditions shall be subject to the written
2agreement between the department and VTA. Unrestricted access
3begin insert(b)end insertbegin insert end insertbegin insertWith the assistance of the department, VTA shall establish
4appropriate performance measures, such as speed or travel times,
5for the purpose of ensuring optimal use of the HOT lanes by
6high-occupancy vehicles without adversely affecting other traffic
7on the state highway system. Access end insertto the lanes by high-occupancy
8vehicles shall be available at all times. At least annually, the
9department shall audit the level of service during peak traffic hours
10and report the results of that audit at meetings of the program
11management team.
12(c) Single-occupant
vehicles that are certified or authorized by
13the authority for entry into, and use of, the high-occupancy vehicle
14lanes in Santa Clara County, and, if applicable, San Mateo County
15as provided in subdivision (a), are exempt from Section 21655.5
16of the Vehicle Code, and the driver shall not be in violation of the
17Vehicle Code because of that entry and use.
18(d) VTA shall carry out the program in cooperation with the
19department pursuant tobegin delete a cooperativeend deletebegin insert anend insert agreement that addresses
20all matters related to design, construction, maintenance, and
21operation of state highway system facilities in connection with the
22value pricing program.begin delete With the assistance of the department, VTA
23shall establish appropriate traffic flow guidelines for the purpose
24of ensuring optimal use of the high-occupancy toll lanes by
25high-occupancy vehicles without adversely affecting other traffic
26on the state highway system.end delete
27(e) (1) Agreements between VTA, the department, and the
28Department of the California Highway Patrol shall identify the
29respective obligations and liabilities of those entities and assign
30them responsibilities relating to the program. The agreements
31entered into pursuant to this section shall be consistent with
32agreements between the department and the United States
33Department of Transportation relating to this program. The
34agreements shall include clear and concise procedures for
35enforcement by the Department of the California Highway Patrol
36of laws prohibiting the unauthorized use of the high-occupancy
37vehicle lanes, which may include the use of video enforcement.
38The agreements shall provide for reimbursement of state agencies,
39from revenues generated by the program, federal funds specifically
40allocated to the authority for the program by the federal
P4 1government, or other funding sources that are not otherwise
2available to
state agencies for transportation-related projects, for
3costs incurred in connection with the implementation or operation
4of the program.
5(2) The revenues generated by the program shall be available
6to VTA for the direct expenses related to the operation (including
7collection and enforcement), maintenance, construction, and
8administration of the program. The VTA’s administrative costs in
9the operation of the program shall not exceed 3 percent of the
10revenues.
11(3) All remaining revenue generated by the program shall be
12used in the corridor from which the revenues were generated
13exclusively for the preconstruction, construction, and other related
14costs of high-occupancy vehicle facilities and the improvement of
15transit service, including, but not limited to, support for transit
16operations pursuant to an expenditure plan adopted by the VTA.
17To the extent a corridor extends into San
Mateo County pursuant
18to subdivision (a), VTA and the City/County Association of
19Governments of San Mateo County shall, by agreement, determine
20how remaining revenue shall be shared for expenditure in Santa
21Clara County and San Mateo County consistent with this paragraph.
22(f) (1) The VTA may issue bonds, refunding bonds, or bond
23anticipation notes, at any time to finance construction and
24construction-related expenditures necessary to implement the value
25pricing program established pursuant to subdivision (a) and
26construction and construction-related expenditures that are provided
27for in the expenditure plan adopted pursuant to paragraph (3) of
28subdivision (e), payable from the revenues generated from the
29program.
30(2) The maximum bonded indebtedness that may be outstanding
31at any one time shall not exceed an amount that may be serviced
32from the estimated
revenues generated from the program.
33(3) The bonds shall bear interest at a rate or rates not exceeding
34the maximum allowable by law, payable at intervals determined
35by the authority.
36(4) Any bond issued pursuant to this subdivision shall contain
37on its face a statement to the following effect:
38“Neither the full faith and credit nor the taxing power of the
39State of California is pledged to the payment of principal of,
40or the interest on, this bond.”
P5 1(5) Bonds shall be issued pursuant to a resolution of VTA
2adopted by a two-thirds vote of its governing board. The resolution
3shall state all of the following:
4(A) The purposes for which the proposed debt is to be incurred.
5(B) The estimated cost of accomplishing those purposes.
6(C) The amount of the principal of the indebtedness.
7(D) The maximum term of the bonds and the interest rate.
8(E) The denomination or denominations of the bonds, which
9shall not be less than five thousand dollars ($5,000).
10(F) The form of the bonds, including, without limitation,
11registered bonds and coupon bonds, to the extent permitted by
12federal law, the registration, conversion, and exchange privileges,
13if applicable, and the time when all of, or any part of, the principal
14becomes due and payable.
15(G) Any other matters authorized by law.
16(6) The full amount of bonds may be divided into two or more
17series and different dates of payment fixed for the bonds of each
18series. A bond shall not be required to mature on its anniversary
19date.
20(g) Not later than three years after VTA first collects revenues
21from any of the projects described in paragraph (1) of subdivision
22(a), VTA shall submit a report to the Legislature on its findings,
23conclusions, and recommendations concerning the demonstration
24program authorized by this section. The report shall include an
25analysis of the effect of the HOT lanes on adjacent mixed-flow
26lanes and any comments submitted by the department and the
27Department of the California Highway Patrol regarding operation
28of the lanes.
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