BILL NUMBER: SB 1298 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 7, 2014
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 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. 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.
(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 , thereby
extending the program indefinitely . 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. 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.
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.
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 Each
application for the development and operation of the facilities
described in subdivision (a) according 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 Governor shall include in each proposed annual budget the
resources necessary for the commission to fulfill the requirements of
this section.
(c)
(d) 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.
SEC. 2. Section 149.9 of the Streets and Highways Code is
repealed.
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 , as well as maintenance of state highway system
facilities in connection with 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) The LACMTA and the department shall report to the Legislature
by January 31, 2015. 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 program, 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 subdivision shall become
inoperative on January 31, 2019, pursuant to Section 10231.5 of the
Government Code.
(e)
(f) 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)
(g) 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.