Amended in Senate May 7, 2014

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 amended, 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 lanesbegin delete that the commission may approveend delete and would delete the January 1, 2012, deadline for HOT lane applications.begin delete The bill would also delete the requirement for public hearings on each application.end deletebegin insert The bill would provide that each application is subject to the review and approval of the commission, and would require that resources necessary in that regard be included in the Governor’s proposed annual budget.end insert

(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 provisionsbegin insert, thereby extending the program indefinitelyend insert. 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.begin insert The bill would include, within the reimbursable costs of state agencies from toll revenues, the maintenance of state highway facilities in connection with the demonstration program.end insert

begin insert

The bill would require LACMTA and the Department of Transportation to report to the Legislature by January 31, 2015, on various aspects and effects of the demonstration program.

end insert

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,
P3    1and limitations that apply to those facilities in Sections 149, 149.1,
2149.3, 149.4, 149.5, and 149.6.

3(b) begin deleteThe commission shall review each end deletebegin insert Each end insertapplication for the
4development and operation of the facilities described in subdivision
5(a)begin delete accordingend deletebegin insert shall be subject to review and approval by the
6commission pursuantend insert
to eligibility criteria established by the
7commission.begin insert For each eligible application, the commission shall
8conduct at least one public hearing in northern California and
9one in southern California.end insert

begin insert

10(c) The Governor shall include in each proposed annual budget
11the resources necessary for the commission to fulfill the
12requirements of this section.

end insert
begin delete

13 (c)

end delete

14begin insert (d)end insert A regional transportation agency that develops or operates
15a facility, or facilities, described in subdivision (a) shall provide
16any information or data requested by the commission or the
17Legislative Analyst. The commission, in cooperation with the
18Legislative Analyst, shall annually prepare a report on the progress
19of the development and operation of a facility authorized under
20this section. The commission may submit this report as a section
21in its annual report to the Legislature required pursuant to Section
2214535 of the Government Code.

23

SEC. 2.  

Section 149.9 of the Streets and Highways Code is
24repealed.

25

SEC. 3.  

Section 149.9 is added to the Streets and Highways
26Code
, to read:

27

149.9.  

(a) Notwithstanding Sections 149 and 30800 of this
28code, and Section 21655.5 of the Vehicle Code, the Los Angeles
29County Metropolitan Transportation Authority (LACMTA), may
30conduct, administer, and operate a value-pricing and transit
31development demonstration program involving high-occupancy
32toll (HOT) lanes on State Highway Routes 10 and 110 in the
33County of Los Angeles. LACMTA may direct and authorize the
34entry and use of the State Highway Route 10 and 110
35high-occupancy vehicle lanes by single-occupant vehicles during
36peak periods, as defined by LACMTA, for a fee. The amount of
37the fee shall be established by, and collected in a manner to be
38determined by, LACMTA.

39(b) The LACMTA shall implement the program in cooperation
40with the department, and with the active participation of the
P4    1Department of the California Highway Patrol, pursuant to an
2agreement that addresses all matters related to design, construction,
3maintenance, and operation of state highway system facilities in
4connection with the program. With the assistance of the
5department, LACMTA shall establish appropriate performance
6measures, such as speed or travel times, for the purpose of ensuring
7optimal use of the HOT lanes by high-occupancy vehicles without
8adversely affecting other traffic on the state highway system.

9(1) Agreements between LACMTA, the department, and the
10Department of the California Highway Patrol shall identify the
11respective obligations and liabilities of each party to the agreement
12and assign them responsibilities relating to the program. The
13agreements entered into pursuant to this section shall include clear
14and concise procedures for enforcement by the Department of the
15California Highway Patrol of laws prohibiting the unauthorized
16use of the HOT lanes. The agreements shall provide for
17reimbursement of state agencies, from revenues generated by the
18program, federal funds specifically allocated to LACMTA for the
19program by the federal government, or other funding sources that
20are not otherwise available to state agencies for
21transportation-related projects, for costs incurred in connection
22with the implementation or operation of the programbegin insert, as well as
23maintenance of state highway system facilities in connection with
24the programend insert
. Reimbursement for LACMTA’s program-related
25planning and administrative costs in the operation of the program
26shall not exceed 3 percent of the revenues.

27(2) All remaining revenue generated by the program shall be
28used in the corridor from which the revenue was generated
29exclusively for preconstruction, construction, and other related
30costs of high-occupancy vehicle facilities and the improvement of
31transit service in the corridor, including, but not limited to, support
32for transit operations pursuant to an expenditure plan adopted by
33the LACMTA.

34(c) Single-occupant vehicles that are certified or authorized by
35LACMTA for entry into, and use of, the State Highway Routes
3610 and 110 high-occupancy vehicle lanes are exempt from Section
3721655.5 of the Vehicle Code, and the driver shall not be in violation
38of the Vehicle Code because of that entry and use.

39(d) In implementing the program, the LACMTA shall identify
40the affected communities in the respective corridors and work with
P5    1those communities to identify impacts and develop mitigation
2measures. The LACMTA shall assess the impacts of the program
3on commuters of low income and shall provide mitigation to those
4impacted commuters. Mitigation measures may include, but are
5not limited to, reduced toll charges and toll credits for transit users.
6Eligible commuters for reduced toll charges or toll credits for
7transit users shall meet the eligibility requirements for assistance
8programs under Chapter 2 (commencing with Section 11200) or
9Chapter 3 (commencing with Section 12000) of Part 3 of, Part 5
10(commencing with Section 17000) of, or Chapter 10 (commencing
11with Section 18900), Chapter 10.1 (commencing with Section
1218930), or Chapter 10.3 (commencing with Section 18937) of Part
136 of, Division 9 of the Welfare and Institutions Code.

begin insert

14(e) The LACMTA and the department shall report to the
15Legislature by January 31, 2015. The report shall include, but not
16be limited to, a summary of the demonstration program, a survey
17of its users, the impact on carpoolers, revenues generated, how
18transit service or alternative modes of transportation were
19impacted, any potential effect on traffic congestion in the HOV
20lane and in the neighboring lanes, the number of toll-paying
21vehicles that utilized the HOT lanes, any potential reductions in
22the greenhouse gas emissions that are attributable to congestion
23reduction resulting from the HOT lane demonstration program,
24and a description of the mitigation measures on the affected
25communities and commuters in this demonstration program. The
26report shall be submitted in compliance with Section 9795 of the
27Government Code. This subdivision shall become inoperative on
28January 31, 2019, pursuant to Section 10231.5 of the Government
29Code.

end insert
begin delete

30(e)

end delete

31begin insert(f)end insert Toll paying commuters shall have the option to purchase any
32necessary toll paying equipment, prepay tolls, and renew toll
33payments by cash or by using a credit card.

begin delete

34(f)

end delete

35begin insert(g)end insert This section shall not prevent the department or any local
36agency from constructing facilities that compete with a HOT lane
37demonstration project, and the LACMTA shall not be entitled to
P6    1compensation for adverse effects on toll revenue due to those
2facilities.



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