BILL NUMBER: AB 194 INTRODUCED
BILL TEXT
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:
SECTION 1. Section 149.2 is added to the Streets and Highways
Code, to read:
149.2. (a) 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.
(b) Each application for the development and operation of the
facilities described in subdivision (a) 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 commission shall establish guidelines for the development
and operation of facilities described in subdivision (a) and approved
by the commission pursuant to this section, subject to the following
minimum requirements:
(1) The department shall develop and operate the facilities in
cooperation with regional transportation agencies, as applicable, and
with the active participation of the Department of the California
Highway Patrol.
(2) The department shall be responsible for establishing,
collecting, and administering tolls.
(3) The department shall be responsible for paying for the
maintenance of the facilities from net toll revenue.
(4) The revenue generated from the operation of the facilities
shall be available to the department for the direct expenses related
to the maintenance, administration, and operation of the facilities,
including toll collection and enforcement.
(5) All remaining revenue generated by the facilities shall be
used in the corridor from which the revenue was generated pursuant to
an expenditure plan developed by the department and approved by the
commission.
(6) This section shall not prevent any regional transportation
agency or local agency from constructing facilities that compete with
the facilities approved by the commission and the department shall
not be entitled to compensation for the adverse effects on toll
revenue due to those competing facilities.
(d) The department shall provide any information or data requested
by the commission or the Legislative Analyst relating to a facility
that the department develops or operates pursuant to this section.
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.
(e) Nothing in this section shall 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.
SEC. 2. 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, subdivision (h), 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. transit.
(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) A regional transportation agency that applies to the
commission to develop and operate facilities described in subdivision
(a) shall reimburse the commission for all of the commission's costs
and expenses incurred in processing the application.
(c)
(d) The number commission shall
establish guidelines for the development and operation of
facilities described in subdivision (a) and approved
under by the commission on or after January
1, 2016, pursuant to this section shall not exceed
four, two in northern California and two in southern California.
section, subject to the following minimum
requirements:
(1) The regional transportation agency shall develop and operate
the facilities in cooperation with the department, and 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 facilities.
(2) The regional transportation agency shall be responsible for
establishing, collecting, and administering tolls.
(3) The regional transportation agency shall be responsible for
paying for the maintenance of the facilities from net toll revenue,
pursuant to an agreement between the department and the regional
transportation agency.
(4) The revenue generated from the operation of the facilities
shall be available to the regional transportation agency for the
direct expenses related to the maintenance, administration, and
operation of the facilities, including toll collection and
enforcement.
(5) All remaining revenue generated by the facilities shall be
used in the corridor from which the revenue was generated pursuant to
an expenditure plan adopted by the regional transportation agency.
(6) This section shall not prevent the department or any local
agency from constructing facilities that compete with the facilities
approved by the commission and the regional transportation agency
shall not be entitled to compensation for the adverse effects on toll
revenue due to those competing facilities.
(d)
(e) 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.
(f) (1) A regional transportation agency may issue bonds,
refunding bonds, or bond anticipation notes, at any time, to finance
construction of, and construction-related expenditures for,
facilities approved pursuant to this section, and construction and
construction-related expenditures that are included in the
expenditure plan adopted pursuant to paragraph (5) of subdivision
(d), payable solely from the revenues generated from the respective
facilities.
(2) Any bond issued pursuant to this subdivision shall contain on
its face a statement to the following effect:
"Neither the full faith and credit nor the taxing power of the
State of California is pledged to the payment of principal of, or the
interest on, this bond."
(g) Before submitting an application pursuant to subdivision (a),
a regional transportation agency shall consult with any local
transportation authority designated pursuant to Division 12.5
(commencing with Section 131000) or Division 19 (commencing with
Section 180000) of the Public Utilities Code whose jurisdiction
includes the facility that the regional transportation agency
proposes to develop and operate.
(h) Notwithstanding Section 143, for purposes of this section,
"regional transportation agency" means any of the following:
(1) A transportation planning agency described in Section 29532 or
29532.1 of the Government Code.
(2) A county transportation commission established under Section
130050, 130050.1, or 130050.2 of the Public Utilities Code.
(3) Any other local or regional transportation entity that is
designated by statute as a regional transportation agency.
(4) A joint exercise of powers authority established pursuant to
Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of
the Government Code, with the consent of a transportation planning
agency or a county transportation commission for the jurisdiction in
which the transportation project will be developed.
(5) The Santa Clara Valley Transportation Authority established
pursuant to Part 12 (commencing with Section 100000) of Division 10
of the Public Utilities Code.
(e) No applications may be approved under
(i) Nothing in this section
on shall authorize the conversion of any
existing nontoll or after January 1, 2012.
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.