California Legislature—2015–16 Regular Session

Assembly BillNo. 194


Introduced by Assembly Member Frazier

January 28, 2015


An act to amend Section 149.7 of, and to add Section 149.2 to, the Streets and Highways Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

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:

P2    1

SECTION 1.  

Section 149.2 is added to the Streets and
2Highways Code
, to read:

3

149.2.  

(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
8Highway Patrol.

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.

39

SEC. 2.  

Section 149.7 of the Streets and Highways Code is
40amended to read:

P4    1

149.7.  

(a) A regional transportation agency, as defined in
2begin delete Section 143,end deletebegin insert subdivision (h),end insert 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 publicbegin 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 insert transit.end insert

9(b) begin delete The commission shall review eachend deletebegin insert Eachend insert application for the
10development and operation of the facilities described in subdivision
11(a)begin delete accordingend deletebegin insert shall be subjectend insert tobegin insert review and approval by the
12commission pursuant toend insert
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 insert

16(c) A regional transportation agency that applies to the
17commission to develop and operate facilities described in
18subdivision (a) shall reimburse the commission for all of the
19commission’s costs and expenses incurred in processing the
20application.

end insert
begin delete

21(c)

end delete

22begin insert(d)end insert Thebegin delete numberend deletebegin insert commission shall establish guidelines for the
23development and operationend insert
of facilitiesbegin insert described in subdivision
24(a) andend insert
approvedbegin delete underend deletebegin insert by the commission on or after January 1,
252016, pursuant toend insert
thisbegin delete section shall not exceed four, two in northern
26California and two in southern California.end delete
begin insert section, subject to the
27following minimum requirements:end insert

begin insert

28(1) The regional transportation agency shall develop and
29operate the facilities in cooperation with the department, and the
30active participation of the Department of the California Highway
31Patrol, pursuant to an agreement that addresses all matters related
32to design, construction, maintenance, and operation of state
33highway system facilities in connection with the facilities.

end insert
begin insert

34(2) The regional transportation agency shall be responsible for
35establishing, collecting, and administering tolls.

end insert
begin insert

36(3) The regional transportation agency shall be responsible for
37paying for the maintenance of the facilities from net toll revenue,
38pursuant to an agreement between the department and the regional
39transportation agency.

end insert
begin insert

P5    1(4) The revenue generated from the operation of the facilities
2shall be available to the regional transportation agency for the
3direct expenses related to the maintenance, administration, and
4operation of the facilities, including toll collection and
5enforcement.

end insert
begin insert

6(5) All remaining revenue generated by the facilities shall be
7used in the corridor from which the revenue was generated
8pursuant to an expenditure plan adopted by the regional
9transportation agency.

end insert
begin insert

10(6) This section shall not prevent the department or any local
11agency from constructing facilities that compete with the facilities
12approved by the commission and the regional transportation
13agency shall not be entitled to compensation for the adverse effects
14on toll revenue due to those competing facilities.

end insert
begin delete

15(d)

end delete

16begin insert(e)end insert 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.

begin insert

25(f) (1) A regional transportation agency may issue bonds,
26refunding bonds, or bond anticipation notes, at any time, to finance
27construction of, and construction-related expenditures for, facilities
28approved pursuant to this section, and construction and
29construction-related expenditures that are included in the
30expenditure plan adopted pursuant to paragraph (5) of subdivision
31(d), payable solely from the revenues generated from the respective
32facilities.

end insert
begin insert

33(2) Any bond issued pursuant to this subdivision shall contain
34on its face a statement to the following effect:

end insert

begin insertend insert
begin insert

36“Neither the full faith and credit nor the taxing power of the
37State of California is pledged to the payment of principal of, or
38the interest on, this bond.”

end insert

begin insertend insert
begin insert

P6    1(g) Before submitting an application pursuant to subdivision
2(a), a regional transportation agency shall consult with any local
3transportation authority designated pursuant to Division 12.5
4(commencing with Section 131000) or Division 19 (commencing
5with Section 180000) of the Public Utilities Code whose
6jurisdiction includes the facility that the regional transportation
7agency proposes to develop and operate.

end insert
begin insert

8(h) Notwithstanding Section 143, for purposes of this section,
9“regional transportation agency” means any of the following:

end insert
begin insert

10(1) A transportation planning agency described in Section 29532
11or 29532.1 of the Government Code.

end insert
begin insert

12(2) A county transportation commission established under
13Section 130050, 130050.1, or 130050.2 of the Public Utilities
14Code.

end insert
begin insert

15(3) Any other local or regional transportation entity that is
16designated by statute as a regional transportation agency.

end insert
begin insert

17(4) A joint exercise of powers authority established pursuant to
18Chapter 5 (commencing with Section 6500) of Division 7 of Title
191 of the Government Code, with the consent of a transportation
20planning agency or a county transportation commission for the
21jurisdiction in which the transportation project will be developed.

end insert
begin insert

22(5) The Santa Clara Valley Transportation Authority established
23pursuant to Part 12 (commencing with Section 100000) of Division
2410 of the Public Utilities Code.

end insert
begin delete

25(e) No applications may be approved under

end delete

26begin insert(i)end insertbegin insertend insertbegin insertNothing inend insert this sectionbegin delete onend deletebegin insert shall authorize the conversion of
27any existing nontollend insert
orbegin delete after January 1, 2012.end deletebegin insert nonuser-fee lanes
28into tolled or user-fee lanes, except that a high-occupancy vehicle
29lane may be converted into a high-occupancy toll lane.end insert



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