Amended in Assembly January 27, 2016

Amended in Assembly January 5, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 620


Introduced by Assembly Member Roger Hernández

February 24, 2015


An act to amend Section 149.9 of the Streets and Highways Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

AB 620, as amended, Roger Hernández. High-occupancy toll lanes: exemptions from tolls.

Existing law authorizes a value-pricing and transit development program involving high-occupancy toll (HOT) lanes to be conducted, administered, developed, and operated on State Highway Routes 10 and 110 in the County of Los Angeles by the Los Angeles County Metropolitan Transportation Authority (LACMTA) under certain conditions.

Existing law requires LACMTA, in implementing the program, to continue to work with the affected communities in the respective corridors and provide mitigation measures for commuters and transit users of low income, including reduced toll charges and toll credits. Existing law requires eligible commuters and transit users to meet the eligibility requirements for specified assistance programs.

This bill wouldbegin delete instead require LACMTA, in implementing the program, to provide mitigation measures for commuters and transit users of low income and would also require LACMTA, until January 1, 2022, to provide hardship exemptions from the payment of toll charges for commuters who meet the eligibility requirements for specified assistance programs. The bill would authorize LACMTA to discontinue issuing hardship exemptions if it determines at a public hearing that issuing additional exemptions would significantly jeopardize the amount of toll revenues necessary to operate and maintain the program. The bill would require LACMTA to report to the Legislature by January 31, 2019, the number of hardship exemptions provided during the time period from January 1, 2017, to December 31, 2018, inclusive, to commuters in total and to commuters residing in the San Gabriel Valley.end deletebegin insert require LACMTA to take additional steps, beyond the previous implementation of a low-income assistance program, to increase enrollment and participation in the low-income assistance program, as specified, through advertising and work with community organizations and social service agencies. The bill would also require LACMTA and the Department of Transportation to report to the Legislature by December 31, 2018, on efforts to improve the HOT lane program, including efforts to increase participation in the low-income assistance program.end insert

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertThe Legislature finds and declares all of the
2following:end insert

begin insert

3(a) Section 149.9 of the Streets and Highways Code, the statute
4authorizing the Los Angeles County Metropolitan Transportation
5Authority (LACMTA) and the Department of Transportation to
6pursue the implementation of high-occupancy toll (HOT) lanes on
7State Highway Routes 10 and 110, requires LACMTA to develop
8a program to offset the impact on tolls on certain income groups
9in Los Angeles County.

end insert
begin insert

10(b) LACMTA has implemented a low-income assistance program
11in this regard and has developed other ways to respond to this
12requirement.

end insert
begin insert

13(c) LACMTA’s report to the Legislature and subsequent
14information provided by LACMTA identified the progress of the
15HOT lanes overall and the level of participation in the low-income
16assistance program.

end insert
begin insert

P3    1(d) While the HOT lanes have met their stated objectives, and
2while participation in the low-income assistance program has
3grown over time, improvements can be made.

end insert
begin insert

4(e) LACMTA and the department should continue to improve
5the overall performance of the HOT lanes, including identifying
6ways to improve travel speeds in both corridors.

end insert
begin insert

7(f) LACMTA and the department should continue to work to
8improve awareness of the low-income assistance program through
9advertising and working with local community groups and social
10service agencies to distribute information about the program.

end insert
begin insert

11(g) LACMTA should consider offering greater incentives in the
12low-income assistance program in order to incentivize
13participation in the program.

end insert
14

begin deleteSECTION 1.end delete
15begin insertSEC. 2.end insert  

Section 149.9 of the Streets and Highways Code is
16amended to read:

17

149.9.  

(a) Notwithstanding Sections 149 and 30800 of this
18code, and Section 21655.5 of the Vehicle Code, the Los Angeles
19County Metropolitan Transportation Authority (LACMTA) may
20conduct, administer, and operate a value-pricing and transit
21development program involving high-occupancy toll (HOT) lanes
22on State Highway Routes 10 and 110 in the County of Los Angeles.
23LACMTA, with the consent of the department, may direct and
24authorize the entry and use of the State Highway Routes 10 and
25110 high-occupancy vehicle lanes by single-occupant vehicles and
26those vehicles that do not meet minimum occupancy requirements,
27as defined by LACMTA, for a fee. The amount of the fee shall be
28established by, and collected in a manner to be determined by,
29LACMTA. LACMTA may continue to require high-occupancy
30vehicles to have an electronic transponder or other electronic device
31for enforcement purposes.

32(b) LACMTA shall implement the program in cooperation with
33the department, and with the active participation of the Department
34of the California Highway Patrol, pursuant to an agreement that
35addresses all matters related to design, construction, maintenance,
36and operation of state highway system facilities in connection with
37the program. With the consent of the department, LACMTA shall
38establish appropriate performance measures, such as speed or travel
39times, for the purpose of ensuring optimal use of the HOT lanes
P4    1by high-occupancy vehicles without adversely affecting other
2traffic on the state highway system.

3(1) Agreements between LACMTA, the department, and the
4Department of the California Highway Patrol shall identify the
5respective obligations and liabilities of each party to the agreement
6and assign them responsibilities relating to the program. The
7agreements entered into pursuant to this section shall be consistent
8with agreements between the department and the United States
9Department of Transportation relating to programs of this nature.
10The agreements entered into pursuant to this section shall include
11clear and concise procedures for enforcement by the Department
12of the California Highway Patrol of laws prohibiting the
13unauthorized use of the HOT lanes. The agreements shall provide
14for reimbursement of state agencies, from revenues generated by
15the program or other funding sources that are not otherwise
16available to state agencies for transportation-related projects, for
17costs incurred in connection with the implementation or operation
18of the program, as well as maintenance of state highway system
19facilities in connection with the program.

20(2) All remaining revenue generated by the program shall be
21used in the corridor from which the revenue was generated
22exclusively for preconstruction, construction, and other related
23costs of high-occupancy vehicle facilities, transportation corridor
24improvements, and the improvement of transit service in the
25corridor, including, but not limited to, support for transit operations
26pursuant to an expenditure plan adopted by LACMTA. LACMTA’s
27administrative expenses related to the operation of the program
28shall not exceed 3 percent of the revenues.

29(c) Single-occupant vehicles and those vehicles that do not meet
30minimum occupancy requirements that are certified or authorized
31by LACMTA for entry into, and use of, the State Highway Routes
3210 and 110 high-occupancy vehicle lanes are exempt from Section
3321655.5 of the Vehicle Code, and the driver shall not be in violation
34of the Vehicle Code because of that entry and use.

35(d) (1) In implementing the program, LACMTA shall continue
36to work with the affected communities in the respective corridors
37and provide mitigation measures for commutersbegin delete and transit usersend delete
38 of low income, including reduced toll charges and toll credits for
39transitbegin delete users, if they do not qualify under paragraph (2) for a
40hardship exemption as long as paragraph (2) remains operative.end delete

P5    1begin insert users. Eligible commuters for reduced toll charges or toll credits
2for transit users shall meet the eligibility requirements for
3assistance programs under Chapter 2 (commencing with Section
411200) or Chapter 3 (commencing with Section 12000) of Part 3
5of, Part 5 (commencing with Section 17000) of, or Chapter 10
6(commencing with Section 18900), Chapter 10.1 (commencing
7with Section 18930), or Chapter 10.3 (commencing with Section
818937) of Part 6 of, Division 9 of the Welfare and Institutions
9Code.end insert

begin delete

10(2) (A) Except as provided in subparagraph (B), LACMTA
11shall also provide hardship exemptions from the payment of toll
12charges for commuters who meet the eligibility requirements for
13assistance programs under Chapter 2 (commencing with Section
1411200) or Chapter 3 (commencing with Section 12000) of Part 3
15of, Part 5 (commencing with Section 17000) of, or Chapter 10
16(commencing with Section 18900), Chapter 10.1 (commencing
17with Section 18930), or Chapter 10.3 (commencing with Section
1818937) of Part 6 of, Division 9 of the Welfare and Institutions
19Code.

20(B) LACMTA may discontinue issuing hardship exemptions
21pursuant to subparagraph (A) if it determines at a public hearing
22that issuing additional hardship exemptions would significantly
23jeopardize the amount of toll revenues necessary to operate and
24maintain the program. In making that determination, LACMTA
25shall not consider the cost of providing the mitigation measures
26required by paragraph (1) as part of the costs necessary to operate
27and maintain the program.

28(C) This paragraph shall become inoperative on January 1, 2022.

29(3) LACMTA shall report to the Legislature by January 31,
302019, the number of hardship exemptions provided pursuant to
31paragraph (2) during the time period from January 1, 2017, to
32December 31, 2018, inclusive, to commuters in total and to
33commuters residing in the San Gabriel Valley. The report shall be
34submitted in compliance with Section 9795 of the Government
35Code. This paragraph shall become inoperative on January 31,
362023, pursuant to Section 10231.5 of the Government Code.

end delete
begin insert

37(2) Beyond the measures already implemented to create a
38low-income assistance program, LACMTA shall take additional
39steps to increase enrollment and participation in the low-income
40assistance program. LACMTA, in that regard, shall improve
P6    1awareness of the low-income assistance program through
2advertising and by working with local community groups and
3social service agencies to distribute information about the
4low-income assistance program. In addition, LACMTA shall
5consider offering greater incentives to encourage participation in
6the low-income assistance program.

end insert

7(e) begin insert(1)end insertbegin insertend insert LACMTA and the department shall report to the
8Legislature by January 31, 2015. The report shall include, but not
9be limited to, a summary of the program, a survey of its users, the
10impact on carpoolers, revenues generated, how transit service or
11alternative modes of transportation were impacted, any potential
12effect on traffic congestion in the high-occupancy vehicle lanes
13and in the neighboring lanes, the number of toll-paying vehicles
14that utilized the HOT lanes, any potential reductions in the
15greenhouse gas emissions that are attributable to congestion
16reduction resulting from the HOT lane program, any comments
17submitted by the Department of the California Highway Patrol
18regarding operation of the lanes, and a description of the mitigation
19measures on the affected communities and commuters in the
20program. The report shall be submitted in compliance with Section
219795 of the Government Code. This subdivision shall become
22inoperative on January 31, 2019, pursuant to Section 10231.5 of
23the Government Code.

begin insert

24(2) LACMTA and the department shall report to the policy
25committees of the Legislature with responsibility for transportation
26matters by December 31, 2018, on the efforts to improve the
27program authorized by this section. The report shall address efforts
28by LACMTA to increase participation in the low-income
29participation program, any additional incentives that have been
30developed to encourage participation in the low-income
31participation program, and the performance of the HOT lanes
32overall in improving congestion in the affected corridors and
33offsetting the impact to low-income commuters. This paragraph
34shall become inoperative on January 1, 2021, pursuant to Section
3510231.5 of the Government Code.

end insert

36(f) Toll paying commuters shall have the option to purchase
37any necessary toll paying equipment, prepay tolls, and renew toll
38payments by cash or by using a credit card.

39(g) This section shall not prevent the department or any local
40agency from constructing facilities that compete with a HOT lane
P7    1program, and LACMTA shall not be entitled to compensation for
2adverse effects on toll revenue due to those facilities.

3(h) LACMTA may issue bonds, as set forth in Chapter 5
4(commencing with Section 130500) of Division 12 of the Public
5Utilities Code, at any time to finance any costs necessary to
6implement a value-pricing and transit development program
7established in accordance with this section and to finance any
8expenditures payable from the revenues generated from the
9program.



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