BILL NUMBER: SB 983 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 30, 2014
AMENDED IN ASSEMBLY JUNE 15, 2014
AMENDED IN SENATE MAY 21, 2014
INTRODUCED BY Senator Hernandez
FEBRUARY 11, 2014
An act to amend Section 149.7 of , and to add Section 149.2
to, the Streets and Highways Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
SB 983, as amended, Hernandez. High-occupancy toll lanes.
Existing law provides that the Department of Transportation has
full possession and control of the state highway system. Existing
law authorizes the department to construct exclusive or preferential
lanes for buses only or for buses and other high-occupancy vehicles.
Existing law authorizes a regional transportation agency, as
defined, in cooperation with the Department of
Transportation, department 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. transit
consistent with established standards, requirements, and limitations
that apply to specified facilities. Existing law limits the
number of approved facilities to not more than 4, 2 in northern
California and 2 in southern California, and provides that no
applications may be approved on or after January 1, 2012.
This bill would delete the requirement that the
above-described facilities be consistent with the established
standards, requirements, and limitations that apply to specified
facilities and would instead require the commission to
establish guidelines for the develop ment and operation of
the facilities subject to specified minimum requirements. The bill
would additionally authorize specified local transportation
authorities and the Santa Clara Valley Transportation Authority to
apply to the commission for purposes of the above-described
provisions. The bill would remove the limitations on the number of
approved facilities and would delete the January 1, 2012, deadline
for HOT lane applications. The bill would provide that each
application is subject to the review and approval of the commission
and would require a regional transportation agency that applies to
the commission to reimburse the commission for all of the commission'
s cost and expense incurred in processing the application.
This bill would additionally authorize the department to apply to
the commission to develop and operate HOT lanes and associated
facilities.
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. Section 149.2 is added to the
Streets and Highways Code , to read:
149.2. (a) The department may apply to the commission to develop
and operate high-occupancy toll lanes, including the administration
and operation of a value pricing program and exclusive or
preferential lane facilities for public transit.
(b) Each application for the development and operation of the
facilities described in subdivision (a) shall be subject to review
and approval by the commission pursuant to eligibility criteria
established by the commission. For each eligible application, the
commission shall conduct at least one public hearing in northern
California and one in southern California.
(c) The department shall reimburse the commission for all of the
commission's costs and expenses incurred in processing the
application.
(d) The commission shall establish guidelines for the development
and operation of facilities described in subdivision (a) and approved
by the commission pursuant to this section, subject to the following
minimum requirements:
(1) The department shall develop and operate the facilities in
cooperation with regional transportation agencies, as applicable, and
with the active participation of the Department of the California
Highway Patrol.
(2) The department shall be responsible for establishing,
collecting, and administering tolls.
(3) The department shall be responsible for paying for the
maintenance of the facilities from net toll revenue.
(4) The revenue generated from the operation of the facilities
shall be available to the department for the direct expenses related
to the maintenance, administration, and operation, including
collection and enforcement, of the facilities.
(5) All remaining revenue generated by the facilities shall be
used in the corridor from which the revenue was generated pursuant to
an expenditure plan developed by the department and approved by the
commission.
(6) This section shall not prevent any local agency from
constructing facilities that compete with the facilities approved by
the commission and the department shall not be entitled to
compensation for the adverse effects on toll revenue due to those
competing facilities.
(e) The department shall provide any information or data requested
by the commission or the Legislative Analyst relating to a facility
that the department develops or operates pursuant to this section.
The commission, in cooperation with the Legislative Analyst, shall
annually prepare a report on the progress of the development and
operation of a facility authorized under this section. The commission
may submit this report as a section in its annual report to the
Legislature required pursuant to Section 14535 of the Government
Code.
SECTION 1. SEC. 2. Section 149.7 of
the Streets and Highways Code is amended to read:
149.7. (a) A regional transportation agency, as defined in
subdivision (e), (f), in cooperation
with the department, may apply to the commission to develop and
operate high-occupancy toll lanes, including the administration and
operation of a value pricing program and exclusive or preferential
lane facilities for public transit, consistent with the
established standards, requirements, and limitations that apply to
those facilities in Sections 149, 149.1, 149.3, 149.4, 149.5, and
149.6. transit.
(b) Each application for the development and operation of the
facilities described in subdivision (a) shall be subject to review
and approval by the commission pursuant to eligibility criteria
established by the commission. For each eligible application, the
commission shall conduct at least one public hearing in northern
California and one in southern California.
(c) A regional transportation agency that applies to the
commission to develop and operate facilities described in subdivision
(a) shall reimburse the commission for all of the commission's cost
and expense incurred in processing the application.
(d) The commission shall establish guidelines for the development
and operation of facilities described in subdivision (a) and approved
by the commission pursuant to this section, subject to the following
minimum requirements:
(1) The regional transportation agency shall develop and operate
the facilities in cooperation with the department, and the active
participation of the Department of the California Highway Patrol,
pursuant to an agreement that addresses all matters related to
design, construction, maintenance, and operation of state highway
system facilities in connection with the facilities.
(2) The regional transportation agency shall be responsible for
establishing, collecting, and administering tolls.
(3) The regional transportation agency shall be responsible for
paying for the maintenance of the facilities from net toll revenue,
pursuant to an agreement between the department and the regional
transportation agency.
(4) The revenue generated from the operation of the facilities
shall be available to the regional transportation agency for the
direct expenses related to the maintenance, administration, and
operation, including collection and enforcement, of the facilities.
(5) All remaining revenue generated by the facilities shall be
used in the corridor from which the revenue was generated pursuant to
an expenditure plan adopted by the regional transportation agency.
(6) This section shall not prevent the department or any local
agency from constructing facilities that compete with the facilities
approved by the commission and the regional transportation agency
shall not be entitled to compensation for the adverse effects on toll
revenue due to those competing facilities.
(d)
(e) A regional transportation agency that develops or
operates a facility, or facilities, described in subdivision (a)
shall provide any information or data requested by the commission or
the Legislative Analyst. The commission, in cooperation with the
Legislative Analyst, shall annually prepare a report on the progress
of the development and operation of a facility authorized under this
section. The commission may submit this report as a section in its
annual report to the Legislature required pursuant to Section 14535
of the Government Code.
(e)
(f) Notwithstanding Section 143, for purposes of this
section, "regional transportation agency" means any of the following:
(1) A transportation planning agency described in Section 29532 or
29532.1 of the Government Code.
(2) A county transportation commission established under Section
130050, 130050.1, or 130050.2 of the Public Utilities Code.
(3) Any other local or regional transportation entity that is
designated by statute as a regional transportation agency.
(4) A joint exercise of powers authority established pursuant to
Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of
the Government Code, with the consent of a transportation planning
agency or a county transportation commission for the jurisdiction in
which the transportation project will be developed.
(5) A local transportation authority designated pursuant to
Division 12.5 (commencing with Section 131000) or Division 19
(commencing with Section 180000) of the Public Utilities Code.
(6) The Santa Clara Valley Transportation Authority established
pursuant to Part 12 (commencing with Section 100000) of Division 10
of the Public Utilities Code.