BILL NUMBER: AB 194 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 2, 2015
AMENDED IN ASSEMBLY JUNE 1, 2015
AMENDED IN ASSEMBLY APRIL 7, 2015
INTRODUCED BY Assembly Member Frazier
( Coauthor: Senator Beall
)
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 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. hearing at or near the proposed
facility. The bill would provide that each application is
subject to the review and approval of the commission and
pursuant to eligibility criteria developed by the
commission subject to certain minimum requirements. The bill
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:
SECTION 1. The Legislature finds and declares that
high-occupancy all of the following:
(a) The development, improvement, expansion, and maintenance of an
efficient, safe, and well-maintained system of roads, highways, and
other transportation facilities is essential to the economic
well-being and high quality of life of the people of this state.
(b) High-occupancy toll lanes,
express lanes, and toll roads provide an opportunity to more
effectively manage state highways in order to increase passenger
throughput and to reduce delays for freight shipments and travelers,
especially those traveling by carpool, vanpool, or bus.
(c) Highway tolling should be employed for the purpose of
optimizing the performance of the transportation system on a
transportation corridor and should not be employed strictly as a
revenue generating facility.
SEC. 2. Section 149.2 is added to the Streets and Highways Code,
to read:
149.2. (a) The department, in cooperation with a regional
transportation agency, as applicable, may apply to the commission to
develop and operate high-occupancy toll lanes or other toll
facilities, including the administration and operation of a value
pricing program and exclusive or preferential lane facilities for
public 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.
hearing at or near the proposed facility for the
purpose of receiving public comment.
(c) The eligibility criteria established by the commission
pursuant to subdivision (b) shall include, at a minimum, all of the
following:
(1) A demonstration that the proposed facility will improve the
corridor's performance by, for example, increasing passenger
throughput or reducing delays for freight shipments and travelers,
especially those traveling by carpool, vanpool, and transit.
(2) A requirement that the proposed facility is contained in the
constrained portion of a conforming regional transportation plan
prepared pursuant to Section 65080 of the Government Code.
(3) Evidence of cooperation between the department and the
regional transportation agency whose jurisdiction includes the
corridor within which the facility is proposed.
(4) A discussion of how the proposed facility meets the
requirements of this section.
(5) A requirement that the proposed facility has received
environmental clearance.
(c)
( d) 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.
(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. The department's
administrative expenses related to the operation of the facilities
shall not exceed 3 percent of the revenues.
(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.
(e) For any project under this section involving the conversion of
an existing high-occupancy vehicle lane to a high-occupancy toll
lane, the department shall demonstrate that the project will, at a
minimum, result in expanded efficiency of the corridor in terms of
travel time reliability, passenger throughput, or other efficiency
benefit.
(d)
( f) 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.
(g) The department may require any vehicle accessing a toll
facility authorized under this section to have an electronic toll
collection transponder or other electronic device for enforcement or
tolling purposes.
(h) For purposes of this section, "regional transportation agency"
has the same meaning as defined in Section 149.7.
(e)
( 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.
SEC. 3. 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), (j), in cooperation
with the department, may apply to the commission to develop and
operate high-occupancy toll lanes or other toll facilities, including
the administration and operation of a value pricing program and
exclusive or preferential lane facilities for public 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.
hearing at or near the proposed facility
for the purpose of receiving public comment.
(c) The eligibility criteria established by the commission
pursuant to subdivision (b) shall include, at a minimum, all of the
following:
(1) A demonstration that the proposed facility will improve the
corridor's performance by, for example, increasing passenger
throughput or reducing delays for freight shipments and travelers,
especially those traveling by carpool, vanpool, and transit.
(2) A requirement that the proposed facility is contained in the
most recent five-year regional transportation improvement program
submitted to the commission pursuant to Section 65082 of the
Government Code or the most recent five-year interregional
transportation improvement program pursuant to Section 14526 of the
Government Code.
(3) Evidence of cooperation between the applicant regional
transportation agency and the department.
(4) A discussion of how the proposed facility meets the
requirements of this section.
(5) A requirement that the proposed facility has received
environmental clearance.
(c)
( d) 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)
( e) 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, 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. The regional transportation agency's administrative
expenses related to the operation of the facilities shall not exceed
3 percent of the revenues.
(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.
(f) For any project under this section involving the conversion of
an existing high-occupancy vehicle lane to a high-occupancy toll
lane, the regional transportation agency shall demonstrate that the
project will, at a minimum, result in expanded efficiency of the
corridor in terms of travel time reliability, passenger throughput,
or other efficiency benefit.
(e)
( g) 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
summary report on the progress of the development and
operation of a facility any facilities
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)
( h) (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), (e), payable from the
revenues generated from the respective facilities.
(2) A bond, refunding bond, or bond anticipation note 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 instrument."
(g)
( i) (1) Before submitting an application
pursuant to subdivision (a), a regional transportation agency shall
consult with every 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, or
every congestion management agency, 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 or congestion management agency 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 or
congestion management agency may be the lead agency for these
construction projects or segments.
(h)
( j) 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.
(k) A regional transportation agency may require any vehicle
accessing a toll facility authorized under this section to have an
electronic toll collection transponder or other electronic device for
enforcement or tolling purposes.
(i)
( l) 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.
(m) Nothing in this section shall apply to, modify, limit, or
otherwise restrict the authority of any joint powers authority
described in Section 66484.3 of the Government Code to establish or
collect tolls, or otherwise operate any toll facility or modify or
expand a toll facility.