Amended in Assembly August 19, 2014

Amended in Assembly June 17, 2014

Amended in Senate May 7, 2014

Senate Bill No. 1298

Introduced by Senator Hernandez

(Coauthor: Assembly Member Chau)

February 21, 2014

An act 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.

Existing law, until January 15, 2015, specifically authorizes 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 the County of Los Angeles by the Los Angeles County Metropolitan Transportation Authority (LACMTA) under certain conditions.

This bill would begin delete enact new provisions revising and recasting end delete begin insert revise and recast end insert these provisions and would begin delete repeal the existing provisions, thereby extending end delete begin insert extend end insert 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 and clear and concise procedures for law begin delete enforcement. end delete

begin delete 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. The end delete begin insert enforcement. The end insert bill would require begin insert the agreements to provide for end insert reimbursement of state agencies from toll begin delete revenue end delete begin insert revenues end insert of the begin delete cost end delete begin insert costs end insert incurred in the implementation begin insert or operation end insert of the program and the maintenance of state highway facilities in connection with the program and begin delete authorize end delete begin insert would require end insert remaining revenue to be used for improvements to the transportation corridor from which the revenue was generated.

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 program. The bill would also authorize LACMTA to issue bonds pursuant to the Los Angeles County Transportation Commission Revenue Bond Act at any time to finance any costs necessary to implement the program and to finance any expenditures payable from the revenues generated from the 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 149.9 of the Streets and Highways Code
is repealed.

SEC. 2.  

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 begin delete (LACMTA), end delete
begin insert (LACMTA) end insert may conduct, administer, and operate a value-pricing
and transit development program involving high-occupancy toll
(HOT) lanes on State Highway Routes 10 and 110 in the County
of Los Angeles. LACMTA begin insert , with the consent of the department, end insert
may direct and authorize the entry and use of the State Highway
Route 10 and 110 high-occupancy vehicle lanes by single-occupant
vehicles and those vehicles that do not meet minimum occupancy
requirements, 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. LACMTA may continue to require
high-occupancy vehicles to have an electronic transponder or other
electronic device for enforcement purposes.

(b) 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 consent 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 be consistent
with agreements between the department and the United States
Department of Transportation relating to programs of this nature.
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 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.

(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, transportation corridor
improvements, 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 LACMTA. LACMTA’s
administrative expenses related to the operation of the program
shall not exceed 3 percent of the revenues.

(c) Single-occupant vehicles and those vehicles that do not meet
minimum occupancy requirements 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, LACMTA shall continue to
work with the affected communities in the respective corridors
and provide mitigation measures for commuters of low income,
including 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) 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 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 high-occupancy vehicle lanes 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 program, any comments submitted by the
Department of the California Highway Patrol regarding operation
of the lanes, and a description of the mitigation measures on the
affected communities and commuters in the 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.

(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.

(g) This section shall not prevent the department or any local
agency from constructing facilities that compete with a HOT lane
program, and LACMTA shall not be entitled to compensation for
adverse effects on toll revenue due to those facilities.

(h) LACMTA may issue bonds, as set forth in Chapter 5
(commencing with Section 130500) of Division 12 of the Public
Utilities Code, at any time to finance any costs necessary to
implement a value-pricing and transit development program
established in accordance begin insert with end insert this section and to finance any
expenditures payable from the revenues generated from the
program.