AB 194, as introduced, Frazier. High-occupancy toll lanes.
Existing law provides that the Department of Transportation has full possession and control of the state highway system. Existing law authorizes the department to construct exclusive or preferential lanes for buses only or for buses and other high-occupancy vehicles.
Existing law authorizes a regional transportation agency, as defined, in cooperation with the department 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, consistent with established standards, requirements, and limitations that apply to specified facilities. Existing law limits the number of approved facilities to not more than 4, 2 in northern California and 2 in southern California, and provides that no applications may be approved on or after January 1, 2012.
This bill would delete the requirement that the above-described facilities be consistent with the established standards, requirements, and limitations that apply to specified facilities and would instead require the commission to establish guidelines for the development and operation of the facilities approved by the commission on or after January 1, 2016, subject to specified minimum requirements. The bill would provide that these provisions do not authorize the conversion of any existing nontoll or nonuser-fee lanes into tolled or user-fee lanes, except that a high-occupancy vehicle lane may be converted into a high-occupancy toll lane pursuant to its provisions. The bill would authorize a regional transportation agency to issue bonds, refunding bonds, or bond anticipation notes backed by revenues generated from the facilities. The bill would additionally authorize the Santa Clara Valley Transportation Authority to apply to the commission for purposes of the above-described provisions. The bill would remove the limitations on the number of approved facilities and would delete the January 1, 2012, deadline for HOT lane applications. The bill would provide that each application is subject to the review and approval of the commission and would require a regional transportation agency that applies to the commission to reimburse the commission for all of the commission’s cost and expense incurred in processing the application. Before submitting an application to the commission, the bill would require a regional transportation agency to consult with a local transportation authority whose jurisdiction includes the facility that the regional transportation agency proposes to develop and operate pursuant to the above-described provisions.
This bill would additionally authorize the department to apply to the commission to develop and operate HOT lanes and associated facilities pursuant to similar provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 149.2 is added to the Streets and
2Highways Code, to read:
(a) The department may apply to the commission to
4develop and operate high-occupancy toll lanes, including the
5administration and operation of a value pricing program and
6exclusive or preferential lane facilities for public transit.
7(b) Each application for the development and operation of the
8facilities described in subdivision (a) shall be subject to review
9and approval by the commission pursuant to eligibility criteria
10established by the commission. For each eligible application, the
11commission shall conduct at least one public hearing in northern
12California and one in southern California.
P3 1(c) The commission shall establish guidelines for the
2development and operation of facilities described in subdivision
3(a) and approved by the commission pursuant to this section,
4subject to the following minimum requirements:
5(1) The department shall develop and operate the facilities in
6cooperation with regional transportation agencies, as applicable,
7and with the active participation of the Department of the California
9(2) The department shall be responsible for establishing,
10collecting, and administering tolls.
11(3) The department shall be responsible for paying for the
12maintenance of the facilities from net toll revenue.
13(4) The revenue generated from the operation of the facilities
14shall be available to the department for the direct expenses related
15to the maintenance, administration, and operation of the facilities,
16including toll collection and enforcement.
17(5) All remaining revenue generated by the facilities shall be
18used in the corridor from which the revenue was generated pursuant
19to an expenditure plan developed by the department and approved
20by the commission.
21(6) This section shall not prevent any regional transportation
22agency or local agency from constructing facilities that compete
23with the facilities approved by the commission and the department
24shall not be entitled to compensation for the adverse effects on toll
25revenue due to those competing facilities.
26(d) The department shall provide any information or data
27requested by the commission or the Legislative Analyst relating
28to a facility that the department develops or operates pursuant to
29this section. The commission, in cooperation with the Legislative
30 Analyst, shall annually prepare a report on the progress of the
31development and operation of a facility authorized under this
32section. The commission may submit this report as a section in its
33annual report to the Legislature required pursuant to Section 14535
34of the Government Code.
35(e) Nothing in this section shall authorize the conversion of any
36existing nontoll or nonuser-fee lanes into tolled or user-fee lanes,
37except that a high-occupancy vehicle lane may be converted into
38a high-occupancy toll lane.
Section 149.7 of the Streets and Highways Code is
40amended to read:
(a) A regional transportation agency, as defined in
begin delete Section 143,end delete in cooperation with the department,
3may apply to the commission to develop and operate
4high-occupancy toll lanes, including the administration and
5operation of a value pricing program and exclusive or preferential
6lane facilities for public
begin delete transit, consistent with the established
7standards, requirements, and limitations that apply to those facilities
8in Sections 149, 149.1, 149.3, 149.4, 149.5, and 149.6.end delete
begin delete The commission shall review eachend delete application for the
10development and operation of the facilities described in subdivision
begin delete accordingend delete to eligibility criteria established by the
13commission. For each eligible application, the commission shall
14conduct at least one public hearing in northern California and one
15in southern California.
begin delete numberend delete of facilities approved begin delete underend delete this begin delete section shall not exceed four, two in northern
26California and two in southern California.end delete
16 A regional transportation agency that develops or operates
17a facility, or facilities, described in subdivision (a) shall provide
18any information or data requested by the commission or the
19Legislative Analyst. The commission, in cooperation with the
20Legislative Analyst, shall annually prepare a report on the progress
21of the development and operation of a facility authorized under
22this section. The commission may submit this report as a section
23in its annual report to the Legislature required pursuant to Section
2414535 of the Government Code.
25(e) No applications may be approved underend delete
26 this section
begin delete onend delete or begin delete after January 1, 2012.end delete