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 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 publicbegin delete hearing.end deletebegin insert
hearing at or near the proposed facility.end insert The bill would provide that each application is subject to the review and approval of the commissionbegin delete andend deletebegin insert pursuant to eligibility criteria developed by the commission subject to certain minimum requirements. The billend insert would require a regional transportation agency that applies to the commission to reimburse the commission for all of the commission’s costs and expenses incurred in processing the application. Before submitting an application to the commission, the bill would require a regional transportation agency to consult with every local transportation authority, or every congestion management agency, 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 or congestion management agency, 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 or congestion management agency to be the lead agency for those construction projects or segments.
This bill would additionally authorize the 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:
The Legislature finds and declaresbegin delete that begin insert all of the following:end insert
2high-occupancyend delete
3(a) The development, improvement, expansion, and maintenance
4of an efficient, safe, and well-maintained system of roads,
5highways, and other transportation facilities is essential to the
6economic well-being and high quality of life of the people of this
7state.
8begin insert(b)end insertbegin insert end insertbegin insertHigh-occupancyend insert toll lanes, express lanes, and toll roads
9provide an opportunity to more effectively manage state highways
10in order to increase passenger throughput and to reduce delays for
11freight shipments and travelers, especially those traveling by
12carpool, vanpool, or bus.
13(c) Highway tolling should be employed for the purpose of
14optimizing the performance of the transportation system on a
15transportation corridor and should not be employed strictly as a
16revenue generating facility.
Section 149.2 is added to the Streets and Highways
18Code, to read:
(a) The department, in cooperation with a regional
20transportation agency, as applicable, may apply to the commission
21to develop and operate high-occupancy toll lanes or other toll
22facilities, including the administration and operation of a value
23pricing program and exclusive or preferential lane facilities for
24public transit or freight.
25(b) Each application for the development and operation of the
26facilities described in subdivision (a) shall be subject to review
27and approval by the commission pursuant to eligibility criteria
28established by the commission. For each eligible application, the
P4 1commission shall conduct at least one publicbegin delete hearing.end deletebegin insert
hearing at
2or near the proposed facility for the purpose of receiving public
3comment.end insert
4(c) The eligibility criteria established by the commission
5pursuant to subdivision (b) shall include, at a minimum, all of the
6following:
7(1) A demonstration that the proposed facility will improve the
8corridor’s performance by, for example, increasing passenger
9throughput or reducing delays for freight shipments and travelers,
10especially those traveling by carpool, vanpool, and transit.
11(2) A requirement that the proposed facility is contained in the
12constrained portion of a conforming regional transportation plan
13prepared pursuant to Section 65080 of the Government Code.
14(3) Evidence of cooperation between the department and the
15regional transportation agency whose jurisdiction includes the
16corridor within which the facility is proposed.
17(4) A discussion of how the proposed facility meets the
18requirements of this section.
19(5) A requirement that the proposed facility has received
20environmental clearance.
21(c)
end delete
22begin insert(end insertbegin insertd)end insert The commission shall establish guidelines for the
23development and operation of facilities described in subdivision
24(a) and approved
by the commission pursuant to this section,
25subject to the following minimum requirements:
26(1) The department shall develop and operate the facilities in
27cooperation with regional transportation agencies, as applicable,
28and with the active participation of the Department of the California
29Highway Patrol.
30(2) The department shall be responsible for establishing,
31collecting, and administering tolls.
32(3) The department shall be responsible for paying for the
33maintenance of the facilities.
34(4) The revenue generated from the operation of the facilities
35shall be available to the department for the direct expenses related
36to the maintenance, administration, and
operation of the facilities,
37including toll collection and enforcement.begin insert
The department’s
38administrative expenses related to the operation of the facilities
39shall not exceed 3 percent of the revenues.end insert
P5 1(5) All remaining revenue generated by the facilities shall be
2used in the corridor from which the revenue was generated pursuant
3to an expenditure plan developed by the department and approved
4by the commission.
5(6) This section shall not prevent any regional transportation
6agency or local agency from constructing facilities that compete
7with the facilities approved by the commission and the department
8shall not be entitled to compensation for the adverse effects on toll
9revenue due to those competing facilities.
10(e) For any project under this section involving the conversion
11of an existing high-occupancy vehicle lane to a high-occupancy
12toll lane, the department shall demonstrate that the project will,
13at a minimum, result in expanded efficiency of the corridor in terms
14of travel time reliability, passenger throughput, or other efficiency
15benefit.
16(d)
end delete
17begin insert(end insertbegin insertf)end insert The department shall provide any information or data
18requested by the commission or the Legislative Analyst relating
19to
a facility that the department develops or operates pursuant to
20this section. The commission, in cooperation with the Legislative
21
Analyst, shall annually prepare a report on the progress of the
22development and operation of a facility authorized under this
23section. The commission may submit this report as a section in its
24annual report to the Legislature required pursuant to Section 14535
25of the Government Code.
26(g) The department may require any vehicle accessing a toll
27facility authorized under this section to have an electronic toll
28collection transponder or other electronic device for enforcement
29or tolling purposes.
30(h) For purposes of this section, “regional transportation
31agency” has the same meaning as defined in Section 149.7.
32(e)
end delete
33begin insert(end insertbegin inserti)end insert Nothing in this section shall authorize or prohibit the
34conversion of any existing nontoll or nonuser-fee lanes into tolled
35or user-fee lanes, except that a high-occupancy vehicle lane may
36be converted into a high-occupancy toll lane.
Section 149.7 of the Streets and Highways Code is
38amended to read:
(a) A regional transportation agency, as defined in
40subdivisionbegin delete (h),end deletebegin insert (j),end insert in cooperation with the department, may apply
P6 1to the commission to develop and operate high-occupancy toll
2lanes or other toll facilities, including the administration and
3operation of a value pricing program and exclusive or preferential
4lane facilities for public transit or freight.
5(b) Each application for the development and operation of the
6facilities described in subdivision (a) shall be subject to review
7and approval by the commission
pursuant to eligibility criteria
8established by the commission. For each eligible application, the
9commission shall conduct at least one publicbegin delete hearing.end deletebegin insert hearing end insertbegin insertat
10or near the proposed facility for the purpose of receiving public
11comment.end insert
12(c) The eligibility criteria established by the commission
13pursuant to subdivision (b) shall include, at a minimum, all of the
14following:
15(1) A demonstration that the proposed facility will improve the
16corridor’s performance by, for example, increasing passenger
17throughput or reducing delays for freight shipments and travelers,
18especially those traveling by carpool, vanpool, and transit.
19(2) A requirement that the proposed facility is contained in the
20most recent five-year regional transportation improvement
21program submitted to the commission pursuant to Section 65082
22of the Government Code or the most recent five-year interregional
23transportation improvement program pursuant to Section 14526
24of the Government Code.
25(3) Evidence of cooperation between the applicant regional
26transportation agency and the department.
27(4) A discussion of how the proposed facility meets the
28requirements of this section.
29(5) A requirement that the proposed facility has received
30environmental clearance.
31(c)
end delete
32begin insert(end insertbegin insertd)end insert A regional transportation agency that applies to the
33commission to develop and operate facilities described in
34subdivision (a) shall reimburse the commission for all of the
35commission’s costs and expenses incurred in processing the
36application.
37(d)
end delete
38begin insert(end insertbegin inserte)end insert The commission shall establish guidelines for the
39development and operation of facilities described in subdivision
40(a) and approved by the commission on or after January 1, 2016,
P7 1pursuant to this section, subject to the following minimum
2requirements:
3(1) The regional transportation agency shall develop and operate
4the facilities in cooperation with the department, and the active
5participation of the Department of the California Highway Patrol,
6pursuant to an agreement that addresses all matters related to
7design, construction, maintenance, and operation of state highway
8system facilities in connection with the facilities.
9(2) The regional transportation agency shall be responsible for
10establishing, collecting, and administering tolls.
11(3) The regional transportation agency shall be responsible for
12paying for the maintenance of the facilities, pursuant to an
13agreement between the department and the regional transportation
14agency.
15(4) The revenue generated from the operation of the facilities
16shall be available to the regional transportation agency for the
17direct expenses related to the maintenance, administration, and
18operation of the facilities, including toll collection and enforcement.
19begin insert The regional transportation agency’s administrative expenses
20related to the operation of the facilities shall not exceed 3 percent
21of the revenues.end insert
22(5) All remaining revenue generated by
the facilities shall be
23used in the corridor from which the revenue was generated pursuant
24to an expenditure plan adopted by the regional transportation
25agency.
26(6) This section shall not prevent the department or any local
27agency from constructing facilities that compete with the facilities
28approved by the commission and the regional transportation agency
29shall not be entitled to compensation for the adverse effects on toll
30revenue due to those competing facilities.
31(f) For any project under this section involving the conversion
32of an existing high-occupancy vehicle lane to a high-occupancy
33toll lane, the regional transportation agency shall demonstrate
34that the project will, at a minimum, result in expanded efficiency
35of the corridor
in terms of travel time reliability, passenger
36throughput, or other efficiency benefit.
37(e)
end delete
38begin insert(end insertbegin insertg)end insert A regional transportation agency that develops or operates
39a facility, or facilities, described in subdivision (a) shall provide
40any information or data requested by the commission or the
P8 1Legislative Analyst. The commission, in cooperation with the
2Legislative Analyst, shall annually prepare abegin insert summaryend insert
report on
3the progress of the development and operation ofbegin delete a facilityend deletebegin insert
any
4facilitiesend insert authorized under this section. The commission may
5submit this report as a section in its annual report to the Legislature
6required pursuant to Section 14535 of the Government Code.
7(f)
end delete
8begin insert(end insertbegin inserth)end insert (1) A regional transportation agency may issue bonds,
9refunding bonds, or bond anticipation notes, at any time, to finance
10construction of, and construction-related expenditures for, facilities
11approved pursuant to this section, and construction and
12construction-related
expenditures that are included in the
13expenditure plan adopted pursuant to paragraph (5) of subdivision
14begin delete (d),end deletebegin insert (e),end insert payable from the revenues generated from the respective
15facilities.
16(2) A bond, refunding bond, or bond anticipation note issued
17pursuant to this subdivision shall contain on its face a statement
18to the following effect:
20“Neither the full faith and credit nor the taxing power of the
21State of California is pledged to the payment of principal of, or
22the interest on, this instrument.”
24(g)
end delete
25begin insert(end insertbegin inserti)end insert (1) Before submitting an application pursuant to subdivision
26(a), a regional transportation agency shall consult with every local
27transportation authority designated pursuant to Division 12.5
28(commencing with Section 131000) or Division 19 (commencing
29with Section 180000) of the Public Utilities Code, or every
30congestion management agency, whose jurisdiction includes the
31facility that the regional transportation agency proposes to develop
32and operate.
33(2) A regional transportation agency shall give a local
34transportation authority or congestion management agency
35
described in paragraph (1) the option to enter into agreements, as
36needed, for project development, engineering, financial studies,
37and environmental documentation for each construction project
38or segment that is part of the facility. The local transportation
39authority or congestion management agency may be the lead
40agency for these construction projects or segments.
P9 1(h)
end delete
2begin insert(end insertbegin insertj)end insert Notwithstanding Section 143, for purposes of this section,
3“regional transportation agency” means any of the
following:
4(1) A transportation planning agency described in Section 29532
5or 29532.1 of the Government Code.
6(2) A county transportation commission established under
7Section 130050, 130050.1, or 130050.2 of the Public Utilities
8Code.
9(3) Any other local or regional transportation entity that is
10designated by statute as a regional transportation agency.
11(4) A joint exercise of powers authority established pursuant to
12Chapter 5 (commencing with Section 6500) of Division 7 of Title
131 of the Government Code, with the consent of a transportation
14planning agency or a county transportation commission for the
15jurisdiction in which the transportation project will
be developed.
16(5) The Santa Clara Valley Transportation Authority established
17pursuant to Part 12 (commencing with Section 100000) of Division
1810 of the Public Utilities Code.
19(k) A regional transportation agency may require any vehicle
20accessing a toll facility authorized under this section to have an
21electronic toll collection transponder or other electronic device
22for enforcement or tolling purposes.
23(i)
end delete
24begin insert(end insertbegin insertl)end insert Nothing in this section shall authorize or prohibit the
25conversion of any existing nontoll or nonuser-fee lanes into tolled
26or user-fee lanes, except that a high-occupancy vehicle lane may
27be converted into a high-occupancy toll lane.
28(m) Nothing in this section shall apply to, modify, limit, or
29otherwise restrict the authority of any joint powers authority
30described in Section 66484.3 of the Government Code to establish
31or collect tolls, or otherwise operate any toll facility or modify or
32expand a toll facility.
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