BILL ANALYSIS Ó
AB 194
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CONCURRENCE IN SENATE AMENDMENTS
AB
194 (Frazier)
As Amended September 4, 2015
Majority vote
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|ASSEMBLY: | | (June 3, |SENATE: |27-10 | (September 10, |
| |62-17 |2015) | | |2015) |
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Original Committee Reference: TRANS.
SUMMARY: Extends indefinitely the California Transportation
Commission's (CTC's) authority to authorize regional
transportation agencies to develop and operate high-occupancy
toll (HOT) lanes and expands the authority to include other toll
facilities; adds similar authority for the CTC to authorize the
California Department of Transportation (Caltrans) to develop
toll facilities.
The Senate amendments:
1)Combine statutes specific to Caltrans with statutes specific
to regional transportation agencies.
2)Add legislative declarations regarding highway tolling.
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3)Set forth specific eligibility criteria for the CTC to use in
evaluating applications for toll facilities.
4)Limit agencies' administrative expenses related to the
operation of the facilities to no more than 3% of toll
revenues.
5)Require agencies to demonstrate that projects involving the
conversion of high-occupancy vehicles (HOV) lanes to HOT lanes
will result in improved efficiency in the corridor.
6)Impose requirements for agreements between regional
transportation agencies, Caltrans, and the California Highway
Patrol.
7)Expand the lists of purposes for which toll revenue can be
used.
8)Allow agencies to require the use of electronic toll
collection transponders.
9)Protect statutory authority already granted to the
Transportation Corridors Agency related to the development and
operation of toll facilities in Orange County.
10)Make enactment of this bill contingent on enactment of AB 914
(Brown) of the current legislative session, which authorizes
tolling for the San Bernardino County Transportation
Commission.
FISCAL EFFECT: According to the Senate Appropriations
Committee:
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1)CTC costs of approximately $200,000 per application for due
diligence reviews and approvals of project proposals. Costs
to review proposals submitted by regional transportation
agencies will be reimbursed by the applicant, but CTC would
need additional resources for each proposal submitted by
Caltrans.
2)Unknown costs to Caltrans and regional transportation agencies
to develop and operate HOT lanes. This bill authorizes
Caltrans and regional transportation agencies to retain up to
3% of toll revenues for administrative expenses related to the
operation of the facilities.
3)Unknown toll revenue gains for Caltrans and regional
transportation agencies related to the operation of HOT lanes
and other toll facilities. For illustrative purposes, HOT
lanes administered by Metropolitan Transportation Authority
generate approximately $17 million annually. Excess revenues
must be used within the corridor from which it was generated.
COMMENTS: HOT lanes are increasingly being implemented in
metropolitan areas around the state and the nation, primarily to
deal with increased congestion. HOT lanes allow single-occupant
or lower-occupancy vehicles to use an HOV lane for a fee, while
maintaining free or reduced travel to qualifying HOVs. The
acknowledged benefits of HOT lanes include enhanced mobility and
travel options in congested corridors and better usage of
underutilized HOV lanes.
This bill expands the potential for toll facilities in
California by granting CTC broad, indefinite authority to review
and approve toll facility applications submitted by regional
transportation agencies and by Caltrans. This bill builds on
the authority previously granted to regional transportation
agencies and is consistent with protocols that have evolved to
guide development of the HOT lane programs, such as the
requirement that any excess revenue be used in the corridor in
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which it was generated.
Regional transportation agencies up and down the state, as well
as Caltrans, struggle with meeting the challenges of increasing
traffic congestion and decreasing transportation revenue.
Although HOT lanes should be primarily a congestion management
tool, they may have the added benefit of generating net revenue
that can be put back into the corridor from which it was
generated for additional improvements or other benefits. Given
the success of multiple HOT lane demonstration programs to date,
it is appropriate now to provide an administrative process
whereby regional transportation agencies and Caltrans can work
together with CTC to develop and operate toll facilities.
This bill defines clear roles and responsibilities between
Caltrans and regional transportation agencies in the development
of toll facilities. In cooperation with one another, this bill
appropriately places control of a facility's tolling policy and
toll revenue with whatever agency is bearing the responsibility
and financial risk to develop the program, under prescribed
requirements. Furthermore, this bill includes provisions that
ensure that not only do Caltrans and regional transportation
agencies work cooperatively but that a regional transportation
agency and local transportation agencies within its jurisdiction
work cooperatively as well. Finally, this bill makes it clear
that the authority to develop toll lanes does not in any way
include the conversion of existing non-tolled or nonuser-fee
lanes into tolled or user-fee lanes, either by authorizing them
or prohibiting them. Any efforts to implement such a conversion
will require separate statutory authority.
Analysis Prepared by:
Janet Dawson / TRANS. / (916) 319-2093 FN:
0002311
AB 194
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