BILL ANALYSIS Ó
AB 194
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Date of Hearing: April 29, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
194 (Frazier) - As Amended April 7, 2015
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill extends indefinitely the California Transportation
Commission's (CTC's) authority to approve regional
transportation agencies' applications to develop and operate
high-occupancy toll (HOT) lanes, and expands the authority to
AB 194
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include applications submitted by Caltrans in cooperation with a
regional transportation agency. Specifically, this bill:
1)Authorizes Caltrans to apply to CTC to develop and operate HOT
lanes using essentially the same process previously used by
regional transportation agencies.
2)Extends indefinitely the process whereby CTC reviews and
approves applications from regional transportation agencies to
develop and operate HOT lanes.
3)Deletes the limitation on the number of HOT lane applications
(currently four) that CTC may approve.
4)Requires regional transportation agencies, but not Caltrans,
to reimburse CTC for its costs and expenses in reviewing HOT
lane applications.
5)Directs CTC to develop guidelines for the development and
operation of HOT lanes approved by the commission after
January 1, 2016, subject to the following minimum
requirements:
a) HOT lane facilities must be developed and operated in
cooperation between Caltrans and regional transportation
agencies and the CHP.
b) The applicant is responsible for establishing,
collecting, and administering tolls, and for paying for the
maintenance of the facilities from net toll revenues.
c) Toll revenue will be available to the applicant for
direct expenses, and excess revenue is to be used in the
corridor from which it was generated.
d) Development of a HOT lane shall not prevent competing
facilities from being constructed and the applicant shall
not be entitled to compensation for the adverse effects on
toll revenues because of competing facilities.
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6)Provides authority for regional transportation agencies to
bond against toll revenues.
7)Stipulates that none of the authority provided above allows
nor prohibits conversion of any existing non-tolled or
non-user-fee lanes into tolled or user-fee lanes, except for
the conversion of HOV lanes to HOT lanes.
FISCAL EFFECT:
Based on substantially similar legislation in 2014, the CTC will
need to update its guidelines for HOT lanes and implement and
oversee the approval process, as well as perform independent
financial analysis and operational analysis of HOT lane
applications. Ongoing costs for one senior-level position would
be around $190,000 (State Highway Account), and consulting costs
to review each application would be around $300,000. The
consulting costs would be reimbursed for applications by
regional transportation agencies.
COMMENTS:
1)Background and Purpose. HOT lanes allow single-occupant or
lower-occupancy vehicles to use a high-occupancy vehicle (HOV)
lane for a fee, while maintaining free or reduced travel to
qualifying HOVs. This is intended to enhance mobility and
travel options in congested corridors and to take advantage of
underutilized HOV lanes.
In 1993, the San Diego Association of Governments was first
granted legislative authority to operate a HOT lane, on
Interstate 15. AB 2032 (Dutra)/Statutes of 2004, authorized
HOT lane facilities in Alameda, San Diego, and Santa Clara
counties. With the successful implementation of these
programs, which were originally authorized as demonstration
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programs then extended indefinitely, the Legislature delegated
responsibility for approving toll facilities to the CTC (AB
1467 (Nunez)/Statutes of 2005). This delegation was limited to
no more than four projects.
In 2013, the Governor directed the California State
Transportation Agency (CalSTA) to convene a workgroup to,
among other tasks, explore long-term, pay-as-you-go funding
options. In February of last year, CalSTA released its vision
and interim recommendations, which included:
a) Working with the Legislature to expand Caltrans' use of
pricing and express lanes to better manage congestion and
the operation of the state highway system while generating
new revenues for preservation and other corridor
improvements.
b) Supporting efforts to maintain and expand the
availability of local funds dedicated to transportation
improvements.
Consistent with this direction, SB 194 expands the potential
for HOT lanes in California by granting CTC broad, indefinite
authority to review and approve HOT lane applications
submitted by regional transportation agencies and by Caltrans.
2)Related Legislation. The administration is proposing similar
legislation as a trailer bill to the 2015-16 Budget Act.
3)Prior Legislation. SB 983 (Hernández), which was substantially
similar to this bill, was held on this committee's Suspense
file.
Analysis Prepared by:Chuck Nicol / APPR. / (916)
319-2081
AB 194
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