BILL NUMBER: SB 1298	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  Section 149.7 of the Streets and Highways Code is
amended to read:
   149.7.  (a) A regional transportation agency, as defined in
Section 143, 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.
   (b) The commission shall review each application for the
development and operation of the facilities described in subdivision
(a) according 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 number of facilities approved under this section shall not
exceed four, two in northern California and two in southern
California.  
   (d) 
    (c)  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) No applications may be approved under this section on or after
January 1, 2012. 
  SEC. 2.  Section 149.9 of the Streets and Highways Code is
repealed. 
   149.9.  (a) Pursuant to Section 149.7 and the memorandum of
understanding between the Los Angeles County Metropolitan
Transportation Authority (LACMTA), the United States Department of
Transportation, and the department, as adopted on July 24, 2008, and
any subsequent, mutually agreed upon changes to that memorandum, the
LACMTA may operate a value-pricing and transit development
demonstration program involving high-occupancy toll (HOT) lanes to be
conducted, administered, developed, and operated on State Highway
Routes 10 and 110 in Los Angeles County by the LACMTA.
   (b) The LACMTA shall implement the program in cooperation with the
department, and the active participation of the Department of the
California Highway Patrol, 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 and transit program. With the consent of the
department, the board of the LACMTA shall establish appropriate
performance measures, such as speed or travel times, for the purpose
of ensuring optimal use of the HOT lanes without adversely affecting
other traffic on the state highway system.
   (c) The LACMTA and the department may implement the demonstration
program under the following conditions:
   (1) The value-pricing program may be operated on State Highway
Routes 10 and 110 in Los Angeles County on designated high-occupancy
vehicle (HOV) lanes.
   (2) (A) Single-occupant vehicles, or those vehicles that do not
meet minimum occupancy requirements, may be authorized to enter and
use the HOV lanes in the identified corridors, under conditions as
determined by the LACMTA.
   (B) The LACMTA may not change the vehicle occupancy requirement
for access to the HOV lanes in the identified corridors during the
demonstration period that is authorized under this section.
   (3) As part of the demonstration program, each proposed HOT lane
shall have nontolled alternative lanes available for public use in
the same corridor as the proposed HOT lanes.
   (4) The LACMTA shall implement a public outreach and
communications plan in order to solicit public input into the
development of the demonstration program.
   (5) In implementing the program, the LACMTA shall identify the
affected communities in the respective corridors and work with those
communities to identify impacts and develop mitigation measures.
   (6) The amount of the toll shall be established by the LACMTA, and
collected and administered in a manner determined by the LACMTA. The
LACMTA shall conduct a public hearing 30 days prior to setting or
increasing the toll.
   (7) The LACMTA shall assess the impacts of the program on
commuters of low income and shall provide mitigation to those
impacted commuters. Mitigation measures may include, but are not
limited to, reduced toll charges and toll credits for transit users.
Eligible commuters for reduced toll charges or toll credits for
transit users shall meet the eligibility requirements for assistance
programs under Chapter 2 (commencing with Section 11200) or Chapter 3
(commencing with Section 12000) of Part 3 of, Part 5 (commencing
with Section 17000) of, or Chapter 10 (commencing with Section
18900), Chapter 10.1 (commencing with Section 18930), or Chapter 10.3
(commencing with Section 18937) of Part 6 of, Division 9 of the
Welfare and Institutions Code.
   (8) Toll paying commuters shall have the option to purchase any
necessary toll paying equipment, prepay tolls, and renew toll
payments by cash or by using a credit card.
   (9) The LACMTA may operate the demonstration program until January
15, 2015, during which time it may not issue bonds for the
demonstration program.
   (10) The LACMTA and the department shall report to the Legislature
by December 31, 2014. The report shall include, but not be limited
to, a summary of the demonstration program, a survey of its users,
the impact on carpoolers, revenues generated, how transit service or
alternative modes of transportation were impacted, any potential
effect on traffic congestion in the HOV lane and in the neighboring
lanes, the number of toll paying vehicles that utilized the HOT
lanes, any potential reductions in the greenhouse gas emissions that
are attributable to congestion reduction resulting from the HOT lane
demonstration project, and a description of the mitigation measures
on the affected communities and commuters in this demonstration
program. The report shall be submitted in compliance with Section
9795 of the Government Code. This paragraph shall be inoperative on
December 31, 2018, pursuant to Section 10231.5 of the Government
Code.
   (11) Pursuant to Section 149.7, the revenue generated from the
program may be available to the LACMTA for the direct expenses
related to the maintenance, administration, and operation, including
collection and enforcement, of the demonstration program.
Administrative expenses shall not exceed 3 percent of the revenues.
   (12) All remaining revenue generated by the demonstration program
shall be used in the corridor from which the revenue was generated
exclusively for preconstruction, construction, and other related
costs of high-occupancy vehicle facilities and the improvement of
transit service in the corridor, including, but not limited to,
support for transit operations pursuant to an expenditure plan
adopted by the LACMTA.
   (13) This section shall not prevent the department or any local
agency from constructing facilities that compete with the HOT lane
demonstration project, and the LACMTA shall not be entitled to
compensation for adverse effects on toll revenue due to those
facilities. 
  SEC. 3.  Section 149.9 is added to the Streets and Highways Code,
to read:
   149.9.  (a) Notwithstanding Sections 149 and 30800 of this code,
and Section 21655.5 of the Vehicle Code, the Los Angeles County
Metropolitan Transportation Authority (LACMTA), may conduct,
administer, and operate a value-pricing and transit development
demonstration program involving high-occupancy toll (HOT) lanes on
State Highway Routes 10 and 110 in the County of Los Angeles. LACMTA
may direct and authorize the entry and use of the State Highway Route
10 and 110 high-occupancy vehicle lanes by single-occupant vehicles
during peak periods, as defined by LACMTA, for a fee. The amount of
the fee shall be established by, and collected in a manner to be
determined by, LACMTA.
   (b) The LACMTA shall implement the program in cooperation with the
department, and with 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 program. With the assistance of the department, LACMTA shall
establish 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.
   (1) Agreements between LACMTA, the department, and the Department
of the California Highway Patrol shall identify the respective
obligations and liabilities of each party to the agreement and assign
them responsibilities relating to the program. The agreements
entered into pursuant to this section shall include clear and concise
procedures for enforcement by the Department of the California
Highway Patrol of laws prohibiting the unauthorized use of the HOT
lanes. The agreements shall provide for reimbursement of state
agencies, from revenues generated by the program, federal funds
specifically allocated to LACMTA 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. Reimbursement for LACMTA's program-related planning and
administrative costs in the operation of the program shall not exceed
3 percent of the revenues.
   (2) All remaining revenue generated by the program shall be used
in the corridor from which the revenue was generated exclusively for
preconstruction, construction, and other related costs of
high-occupancy vehicle facilities and the improvement of transit
service in the corridor, including, but not limited to, support for
transit operations pursuant to an expenditure plan adopted by the
LACMTA.
   (c) Single-occupant vehicles that are certified or authorized by
LACMTA for entry into, and use of, the State Highway Routes 10 and
110 high-occupancy vehicle lanes 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) In implementing the program, the LACMTA shall identify the
affected communities in the respective corridors and work with those
communities to identify impacts and develop mitigation measures. The
LACMTA shall assess the impacts of the program on commuters of low
income and shall provide mitigation to those impacted commuters.
Mitigation measures may include, but are not limited to, reduced toll
charges and toll credits for transit users. Eligible commuters for
reduced toll charges or toll credits for transit users shall meet the
eligibility requirements for assistance programs under Chapter 2
(commencing with Section 11200) or Chapter 3 (commencing with Section
12000) of Part 3 of, Part 5 (commencing with Section 17000) of, or
Chapter 10 (commencing with Section 18900), Chapter 10.1 (commencing
with Section 18930), or Chapter 10.3 (commencing with Section 18937)
of Part 6 of, Division 9 of the Welfare and Institutions Code.
   (e) Toll paying commuters shall have the option to purchase any
necessary toll paying equipment, prepay tolls, and renew toll
payments by cash or by using a credit card.
   (f) This section shall not prevent the department or any local
agency from constructing facilities that compete with a HOT lane
demonstration project, and the LACMTA shall not be entitled to
compensation for adverse effects on toll revenue due to those
facilities.