Senate BillNo. 1298


Introduced by Senator Hernandez

February 21, 2014


An act to amend Section 149.7 of, and to repeal and add Section 149.9 of, the Streets and Highways Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

SB 1298, as introduced, Hernandez. High-occupancy toll lanes.

(1) 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 conduct at least one public hearing in northern California and one in southern California for each application and limits the number of approved facilities to not more than 4, 2 in northern California and 2 in southern California. Existing law provides that no applications may be approved on or after January 1, 2012.

This bill would remove the limitations on the number of HOT lanes that the commission may approve and would delete the January 1, 2012, deadline for HOT lane applications. The bill would also delete the requirement for public hearings on each application.

(2) Existing law, until January 15, 2015, specifically authorizes a value-pricing and transit development demonstration program involving HOT lanes to be conducted, administered, developed, and operated on State Highway Routes 10 and 110 in the County of Los Angeles by the Los Angeles County Metropolitan Transportation Authority (LACMTA) under certain conditions.

This bill would enact new provisions revising and recasting these provisions and would repeal the existing provisions. The bill would specify additional requirements for agreements between LACMTA, the Department of Transportation, and the Department of the California Highway Patrol that identify the respective obligations and liabilities of each party relating to the program. The bill would require LACMTA, with the assistance of the department, to establish appropriate traffic flow guidelines for the purpose of ensuring the optimal use of the HOT lanes by high-occupancy vehicles.

The bill would delete the requirement that LACMTA may not change the vehicle occupancy requirement for access to the high-occupancy vehicle lanes in the identified corridors and would authorize LACMTA to define the hours of operation of the HOT lanes.

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

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

P2    1

SECTION 1.  

Section 149.7 of the Streets and Highways Code
2 is amended to read:

3

149.7.  

(a) A regional transportation agency, as defined in
4Section 143, in cooperation with the department, may apply to the
5commission to develop and operate high-occupancy toll lanes,
6including the administration and operation of a value pricing
7program and exclusive or preferential lane facilities for public
8transit, consistent with the established standards, requirements,
9and limitations that apply to those facilities in Sections 149, 149.1,
10149.3, 149.4, 149.5, and 149.6.

11(b) The commission shall review each application for the
12development and operation of the facilities described in subdivision
13(a) according to eligibility criteria established by the commission.
14begin delete For each eligible application, the commission shall conduct at least
15one public hearing in northern California and one in southern
16California.end delete

begin delete

17(c) The number of facilities approved under this section shall
18not exceed four, two in northern California and two in southern
19California.

end delete
begin delete

20(d)

end delete

21begin insert (c)end insert A regional transportation agency that develops or operates
22a facility, or facilities, described in subdivision (a) shall provide
P3    1any information or data requested by the commission or the
2Legislative Analyst. The commission, in cooperation with the
3Legislative Analyst, shall annually prepare a report on the progress
4of the development and operation of a facility authorized under
5this section. The commission may submit this report as a section
6in its annual report to the Legislature required pursuant to Section
714535 of the Government Code.

begin delete

8(e) No applications may be approved under this section on or
9after January 1, 2012.

end delete
10

SEC. 2.  

Section 149.9 of the Streets and Highways Code is
11repealed.

begin delete
12

149.9.  

(a) Pursuant to Section 149.7 and the memorandum of
13understanding between the Los Angeles County Metropolitan
14Transportation Authority (LACMTA), the United States
15Department of Transportation, and the department, as adopted on
16July 24, 2008, and any subsequent, mutually agreed upon changes
17to that memorandum, the LACMTA may operate a value-pricing
18and transit development demonstration program involving
19high-occupancy toll (HOT) lanes to be conducted, administered,
20developed, and operated on State Highway Routes 10 and 110 in
21Los Angeles County by the LACMTA.

22(b) The LACMTA shall implement the program in cooperation
23with the department, and the active participation of the Department
24of the California Highway Patrol, pursuant to a cooperative
25agreement that addresses all matters related to design, construction,
26maintenance, and operation of state highway system facilities in
27connection with the value-pricing and transit program. With the
28consent of the department, the board of the LACMTA shall
29establish appropriate performance measures, such as speed or travel
30times, for the purpose of ensuring optimal use of the HOT lanes
31without adversely affecting other traffic on the state highway
32system.

33(c) The LACMTA and the department may implement the
34demonstration program under the following conditions:

35(1) The value-pricing program may be operated on State
36Highway Routes 10 and 110 in Los Angeles County on designated
37high-occupancy vehicle (HOV) lanes.

38(2) (A) Single-occupant vehicles, or those vehicles that do not
39meet minimum occupancy requirements, may be authorized to
P4    1enter and use the HOV lanes in the identified corridors, under
2conditions as determined by the LACMTA.

3(B) The LACMTA may not change the vehicle occupancy
4requirement for access to the HOV lanes in the identified corridors
5during the demonstration period that is authorized under this
6section.

7(3) As part of the demonstration program, each proposed HOT
8lane shall have nontolled alternative lanes available for public use
9in the same corridor as the proposed HOT lanes.

10(4) The LACMTA shall implement a public outreach and
11communications plan in order to solicit public input into the
12development of the demonstration program.

13(5) In implementing the program, the LACMTA shall identify
14the affected communities in the respective corridors and work with
15those communities to identify impacts and develop mitigation
16measures.

17(6) The amount of the toll shall be established by the LACMTA,
18and collected and administered in a manner determined by the
19LACMTA. The LACMTA shall conduct a public hearing 30 days
20prior to setting or increasing the toll.

21(7) The LACMTA shall assess the impacts of the program on
22commuters of low income and shall provide mitigation to those
23impacted commuters. Mitigation measures may include, but are
24not limited to, reduced toll charges and toll credits for transit users.
25Eligible commuters for reduced toll charges or toll credits for
26transit users shall meet the eligibility requirements for assistance
27programs under Chapter 2 (commencing with Section 11200) or
28Chapter 3 (commencing with Section 12000) of Part 3 of, Part 5
29(commencing with Section 17000) of, or Chapter 10 (commencing
30with Section 18900), Chapter 10.1 (commencing with Section
3118930), or Chapter 10.3 (commencing with Section 18937) of Part
326 of, Division 9 of the Welfare and Institutions Code.

33(8) Toll paying commuters shall have the option to purchase
34any necessary toll paying equipment, prepay tolls, and renew toll
35payments by cash or by using a credit card.

36(9) The LACMTA may operate the demonstration program until
37January 15, 2015, during which time it may not issue bonds for
38the demonstration program.

39(10) The LACMTA and the department shall report to the
40Legislature by December 31, 2014. The report shall include, but
P5    1not be limited to, a summary of the demonstration program, a
2survey of its users, the impact on carpoolers, revenues generated,
3how transit service or alternative modes of transportation were
4impacted, any potential effect on traffic congestion in the HOV
5lane and in the neighboring lanes, the number of toll paying
6vehicles that utilized the HOT lanes, any potential reductions in
7the greenhouse gas emissions that are attributable to congestion
8reduction resulting from the HOT lane demonstration project, and
9a description of the mitigation measures on the affected
10communities and commuters in this demonstration program. The
11report shall be submitted in compliance with Section 9795 of the
12Government Code. This paragraph shall be inoperative on
13December 31, 2018, pursuant to Section 10231.5 of the
14Government Code.

15(11) Pursuant to Section 149.7, the revenue generated from the
16program may be available to the LACMTA for the direct expenses
17related to the maintenance, administration, and operation, including
18collection and enforcement, of the demonstration program.
19Administrative expenses shall not exceed 3 percent of the revenues.

20(12) All remaining revenue generated by the demonstration
21program shall be used in the corridor from which the revenue was
22generated exclusively for preconstruction, construction, and other
23related costs of high-occupancy vehicle facilities and the
24improvement of transit service in the corridor, including, but not
25limited to, support for transit operations pursuant to an expenditure
26plan adopted by the LACMTA.

27(13) This section shall not prevent the department or any local
28agency from constructing facilities that compete with the HOT
29lane demonstration project, and the LACMTA shall not be entitled
30to compensation for adverse effects on toll revenue due to those
31facilities.

end delete
32

SEC. 3.  

Section 149.9 is added to the Streets and Highways
33Code
, to read:

34

149.9.  

(a) Notwithstanding Sections 149 and 30800 of this
35code, and Section 21655.5 of the Vehicle Code, the Los Angeles
36County Metropolitan Transportation Authority (LACMTA), may
37conduct, administer, and operate a value-pricing and transit
38development demonstration program involving high-occupancy
39toll (HOT) lanes on State Highway Routes 10 and 110 in the
40County of Los Angeles. LACMTA may direct and authorize the
P6    1entry and use of the State Highway Route 10 and 110
2high-occupancy vehicle lanes by single-occupant vehicles during
3peak periods, as defined by LACMTA, for a fee. The amount of
4the fee shall be established by, and collected in a manner to be
5determined by, LACMTA.

6(b) The LACMTA shall implement the program in cooperation
7with the department, and with the active participation of the
8Department of the California Highway Patrol, pursuant to an
9agreement that addresses all matters related to design, construction,
10maintenance, and operation of state highway system facilities in
11connection with the program. With the assistance of the
12department, LACMTA shall establish appropriate performance
13measures, such as speed or travel times, for the purpose of ensuring
14optimal use of the HOT lanes by high-occupancy vehicles without
15adversely affecting other traffic on the state highway system.

16(1) Agreements between LACMTA, the department, and the
17Department of the California Highway Patrol shall identify the
18respective obligations and liabilities of each party to the agreement
19and assign them responsibilities relating to the program. The
20agreements entered into pursuant to this section shall include clear
21and concise procedures for enforcement by the Department of the
22California Highway Patrol of laws prohibiting the unauthorized
23use of the HOT lanes. The agreements shall provide for
24reimbursement of state agencies, from revenues generated by the
25program, federal funds specifically allocated to LACMTA for the
26program by the federal government, or other funding sources that
27are not otherwise available to state agencies for
28transportation-related projects, for costs incurred in connection
29with the implementation or operation of the program.
30Reimbursement for LACMTA’s program-related planning and
31administrative costs in the operation of the program shall not
32exceed 3 percent of the revenues.

33(2) All remaining revenue generated by the program shall be
34used in the corridor from which the revenue was generated
35exclusively for preconstruction, construction, and other related
36costs of high-occupancy vehicle facilities and the improvement of
37transit service in the corridor, including, but not limited to, support
38for transit operations pursuant to an expenditure plan adopted by
39the LACMTA.

P7    1(c) Single-occupant vehicles that are certified or authorized by
2LACMTA for entry into, and use of, the State Highway Routes
310 and 110 high-occupancy vehicle lanes are exempt from Section
421655.5 of the Vehicle Code, and the driver shall not be in violation
5of the Vehicle Code because of that entry and use.

6(d) In implementing the program, the LACMTA shall identify
7the affected communities in the respective corridors and work with
8those communities to identify impacts and develop mitigation
9measures. The LACMTA shall assess the impacts of the program
10on commuters of low income and shall provide mitigation to those
11impacted commuters. Mitigation measures may include, but are
12not limited to, reduced toll charges and toll credits for transit users.
13Eligible commuters for reduced toll charges or toll credits for
14transit users shall meet the eligibility requirements for assistance
15programs under Chapter 2 (commencing with Section 11200) or
16Chapter 3 (commencing with Section 12000) of Part 3 of, Part 5
17(commencing with Section 17000) of, or Chapter 10 (commencing
18with Section 18900), Chapter 10.1 (commencing with Section
1918930), or Chapter 10.3 (commencing with Section 18937) of Part
206 of, Division 9 of the Welfare and Institutions Code.

21(e) Toll paying commuters shall have the option to purchase
22any necessary toll paying equipment, prepay tolls, and renew toll
23payments by cash or by using a credit card.

24(f) This section shall not prevent the department or any local
25agency from constructing facilities that compete with a HOT lane
26demonstration project, and the LACMTA shall not be entitled to
27compensation for adverse effects on toll revenue due to those
28facilities.



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