BILL NUMBER: AB 194 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 7, 2015
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 amended, 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 requires the commission to
conduct at least one public hearing in northern California and one in
southern California for each eligible application submitted by the
regional transportation agency. 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 also authorize a regional transportation
agency, in cooperation with the department, to apply to the
commission to develop other toll facilities, as specified. The
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 or prohibit 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 delete the requirement that the commission conduct at
least one public hearing in northen California and one in southern
California for each eligible application and would instead require
the commission to conduct at least one public hearing. 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. The bill would require the regional transportation
agency to give a local transportation authority, as specified, the
option of entering into agreements, as needed, for project
development, engineering, financial studies, and
environmental documentation for each construction project or segment,
and would authorize the local transportation authority to be the
lead agency for those construction projects or segments.
This bill would additionally authorize the department
department, in cooperation with a regional
transportation agency, as applicable, to apply to the
commission to develop and operate HOT lanes or other toll
facilities 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 department, in
cooperation with a regional transportation agency, as applicable,
may apply to the commission to develop and operate
high-occupancy toll lanes, lanes or other
toll facilities, including the administration and operation of
a value pricing program and exclusive or preferential lane facilities
for public transit. transit or freight.
(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.
hearing.
(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.
facilities.
(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 or prohibit
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
subdivision (h), in cooperation with the department, may apply to the
commission to develop and operate high-occupancy toll
lanes, lanes or other toll facilities, including
the administration and operation of a value pricing program and
exclusive or preferential lane facilities for public
transit. transit or freight.
(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.
hearing.
(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.
(d) The commission shall establish guidelines for the development
and operation of facilities described in subdivision (a) and approved
by the commission on or after January 1, 2016, pursuant to this
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, facilities, 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.
(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) (1) 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.
(2) A regional transportation agency shall give a local
transportation authority described in paragraph (1) the option to
enter into agreements, as needed, for project development,
engineering, financial studies, and environmental documentation for
each construction project or segment that is part of the facility.
The local transportation authority may be the lead agency for these
construction projects or segments.
(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.
(i) Nothing in this section shall authorize or prohibit
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.