Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 457

Introduced by Assembly Member Melendez

February 23, 2015

An act to amend Section begin delete 149 end delete begin insert 149.7 end insert of the Streets and Highways Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

AB 457, as amended, Melendez. High-occupancy begin delete vehicle end delete begin insert toll end insert lanes.

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Existing law authorizes a regional transportation agency, as defined, in cooperation with the Department of Transportation, to apply to the California Transportation Commission to develop and operate high-occupancy toll 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. Existing law requires the commission, in cooperation with the Legislative Analyst, to annually prepare a report on the progress of the development and operation of these facilities.

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This bill would instead require the commission, in cooperation with the Legislative Analyst, to prepare this report every two years.

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Existing law provides that the Department of Transportation has full 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.

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This bill would make technical, nonsubstantive changes to these provisions.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 149.7 of the end insert begin insert Streets and Highways Code end insert
begin insert is amended to read: end insert

149.7.  

(a) A regional transportation agency, as defined in
Section 143, in cooperation with the department, may apply to the
commission to develop and operate high-occupancy toll lanes,
including the administration and operation of a value pricing
program and exclusive or preferential lane facilities for public
transit, consistent with the established standards, requirements,
and limitations that apply to those facilities in Sections 149, 149.1,
149.3, 149.4, 149.5, and 149.6.

(b) The commission shall review each application for the
development and operation of the facilities described in subdivision
(a) according 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.

(c) The number of facilities approved under this section shall
not exceed four, two in northern California and two in southern
California.

(d) 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 begin delete annually end delete prepare a report begin insert every two years end insert
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) No applications may be approved under this section on or
after January 1, 2012.

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SECTION 1.  

Section 149 of the Streets and Highways Code
is amended to read:

149.  

The department may construct exclusive or preferential
lanes for buses only or for buses and other high-occupancy
vehicles, and may authorize or permit exclusive or preferential use
of designated lanes on existing highways that are part of the State
Highway System. Prior to constructing those lanes, the department
shall conduct competent engineering estimates of the effect of the
lanes on safety, congestion, and highway capacity.

To the extent they are available, the department may apply for
and use federal aid funds appropriated for the design, construction,
and use of those exclusive or preferential lanes, but may also use
other State Highway Account funds, including other federal aid
funds, for those purposes where proper and desirable.

This section shall be known and may be cited as the Carrell Act.

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