Amended in Senate June 30, 2015

Amended in Assembly April 29, 2015

Amended in Assembly April 8, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 914


Introduced by Assembly Member Brown

(Coauthors: Assembly Members Chang, Linder, Mayes, Obernolte, Rodriguez, and Steinorth)

(Coauthor: Senator Leyva)

February 26, 2015


An act to add Section 149.11 to the Streets and Highways Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

AB 914, as amended, Brown. Toll facilities: County of San Bernardino.

Existing law provides for the Department of Transportation and local authorities, with respect to highways under their respective jurisdictions, to authorize or permit exclusive or preferential use of highway lanes for high-occupancy vehicles (HOVs). Existing law authorizes the development and implementation of a value-pricing program consisting of high-occupancy toll (HOT) lanes in various corridors under certain circumstances, pursuant to which vehicles that do not meet the vehicle occupancy requirements for use of an HOV lane may use the lane upon payment of a toll.

This bill would authorize the San Bernardino County Transportation Commission to conduct, administer, and operate a value-pricing program that includes HOT lanes and other toll facilities on Interstate Highway Routes 10 and 15 in the County of San Bernardino and, with the agreement of affected transportation agencies, specified extensions and connections into the Counties of Los Angeles and Riverside. The bill would require the toll revenues to be spent for specified transportation purposes and would authorize the commission to issue revenue bonds payable from toll revenues. The bill would require the commission to report to the Legislative Analyst on specified matters within 3 years of commencement of revenue collection from the value-pricing program. The bill would enact other related provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 149.11 is added to the Streets and
2Highways Code
, to read:

3

149.11.  

(a) (1) Notwithstanding Sections 149 and 30800 of
4this code, and Section 21655.5 of the Vehicle Code, the San
5Bernardino County Transportation Commission, created pursuant
6to Section 130054 of the Public Utilities Code, may conduct,
7administer, and operate a value-pricing program in the Interstate
810 and Interstate 15 corridors in the County of San Bernardino.
9The value-pricing program may include high-occupancy toll lanes
10or other toll facilities. The San Bernardino County Transportation
11Commission may also extend the program to include the
12approaching and departing connectors on Interstate 10 extending
13into the County of Los Angeles, as designated by an agreement
14with the Los Angeles County Metropolitan Transportation
15Authority, and the connection to the Interstate 15 express lanes
16project in the County of Riverside, as designated by an agreement
17with the Riverside County Transportation Commission. The San
18Bernardino County Transportation Commission may exercise its
19existing powers of eminent domain pursuant to Section 130220.5
20of the Public Utilities Code to acquire property necessary to carry
21out the purposes of the value-pricing program.

begin insert

22(2) The value-pricing program authorized pursuant to
23paragraph (1) may only be implemented upon a determination
24that the program and the resulting facilities will improve the
25performance of the affected corridors. Improved performance may
26be demonstrated by factors that include, but are not limited to,
P3    1increased passenger throughput or improved travel times. The San
2Bernardino County Transportation Commission shall make the
3determination required by this paragraph in a public meeting prior
4to operation of the value-pricing program.

end insert
begin delete

5(2)

end delete

6begin insert(3)end insert The San Bernardino County Transportation Commission
7shall have the authority to set, levy, and collect tolls, user fees, or
8other similar charges payable for the use of the toll facilities in the
9County of San Bernardino, and any other incidental or related fees
10or charges, and to collect those revenues, in a manner determined
11by thebegin delete commissionend deletebegin insert San Bernardino County Transportation
12Commissionend insert
, in amounts as required for the following expenditures
13relative to the program and for the purposes of paragraphbegin delete (3):end deletebegin insert (4):end insert

14(A) Capital outlay, including the costs of design, construction,
15right-of-way acquisition, and utilities adjustment.

16(B) Operations and maintenance, including, but not limited to,
17insurance, collection, and enforcement of tolls, fees, and charges.

18(C) Repair and rehabilitation.

19(D) Indebtedness incurred and internal loans and advances,
20including related financial costs.

21(E) Reserves.

22(F) Administration, which shall not exceed 3 percent of the
23revenues of toll facilities and associated transportation facilities.

begin delete

24(3)

end delete

25begin insert(4)end insert All revenue generated pursuant to paragraphbegin delete (2)end deletebegin insert (3)end insert in excess
26of the expenditure needs of that paragraph shall be used exclusively
27for the benefit of the transportation corridorsbegin insert included in the
28value-pricing program created pursuant to this sectionend insert
. These
29excess revenue expenditures shall be described in an excess revenue
30expenditure plan adopted and periodically updated by the board
31of directors of the San Bernardino County Transportation
32Commission and may include, but need not be limited to, the
33following eligible expenditures:

34(A) Expenditures to enhance transit service designed to reduce
35traffic congestion within the transportation corridorsbegin delete in the County
36of San Bernardinoend delete
begin insert included in the value-pricing program created
37pursuant to this sectionend insert
. Eligible expenditures include, but are not
38limited to, transit operating assistance, the acquisition of transit
39vehicles, and transit capital improvements otherwise eligible to be
P4    1funded under the state transportation improvement program
2pursuant to Section 164.

3(B) Expenditures to make operational or capacity improvements
4designed to reduce traffic congestion or improve the flow of traffic
5in the transportation corridorsbegin delete in the County of San Bernardinoend delete
6begin insert included in the value-pricing program created pursuant to this
7sectionend insert
. Eligible expenditures include, but are not limited to, any
8phase of project delivery to make capital improvements to on
9ramps, off ramps, connector roads, roadways, bridges, or other
10structures that are necessary for or related to the tolled or nontolled
11transportation facilities in the transportation corridors begin delete in the County
12of San Bernardinoend delete
begin insert included in the value-pricing program created
13pursuant to this sectionend insert
.

begin delete

14(4)

end delete

15begin insert(5)end insert To the extent the San Bernardino County Transportation
16Commission plans to extend the value-pricing program into the
17Counties of Los Angeles or Riverside, it shall enter into an
18agreement with the Los Angeles County Metropolitan
19Transportation Authority or the Riverside County Transportation
20Commission, as applicable, subject to approval of the board of
21directors of the San Bernardino County Transportation Commission
22and the board of directors of the affected entity. If the value-pricing
23program developed and operated by the San Bernardino County
24Transportation Commission connects to, or is near, similar toll
25facilities constructed and operated by the Los Angeles County
26Metropolitan Transportation Authority or the Riverside County
27Transportation Commission, the respective entities shall enter into
28an agreement providing for the coordination of the toll facilities
29operated by each entity.

30(b) The San Bernardino County Transportation Commission
31shall carry out the program in cooperation with the department
32pursuant to a cooperative agreement that addresses all matters
33related to the design, construction, maintenance, and operation of
34state highway system facilities in connection with the value-pricing
35program.

36(c) Single-occupant vehicles that are certified or authorized by
37the San Bernardino County Transportation Commission for entry
38into, and use of, the high-occupancy toll lanes implemented
39pursuant to this section are exempt from Section 21655.5 of the
P5    1Vehicle Code, and the driver shall not be in violation of the Vehicle
2Code because of that entry and use.

3(d) Agreements between the San Bernardino County
4Transportation Commission, the department, and the Department
5of the California Highway Patrol shall identify the respective
6obligations, liabilities, and responsibilities of each entity. The
7agreements shall provide for reimbursement of state agencies, from
8revenues generated by the program or other funding sources that
9are not otherwise available to state agencies for
10transportation-related projects, or for costs incurred in connection
11 with the implementation or operation of the program.

12(e) (1) The San Bernardino County Transportation Commission
13may issue bonds at any time to finance any costs necessary to
14implement the program established pursuant to this section and
15any expenditures provided for in paragraphsbegin delete (2) andend delete (3)begin insert and (4)end insert
16 of subdivision (a), payable from the revenues generated from the
17program and any other sources of revenues available to the
18commission that may be used for these purposes, including, but
19not limited to, sales tax revenue, development impact fees, or state
20and federal grants.

21(2) The maximum bonded indebtedness that may be outstanding
22at any one time shall not exceed an amount that may be serviced
23from the projected revenues available as described in paragraph
24(1).

25(3) The bonds shall bear interest at a rate or rates not exceeding
26the maximum allowable by law, payable at intervals determined
27by the commission.

28(4) Any bond issued pursuant to this subdivision shall contain
29on its face a statement to the following effect:

30“Neither the full faith and credit nor the taxing power of the
31State of California is pledged to the payment of principal of, or
32interest on, this bond.”

33(5) Bonds shall be issued pursuant to a resolution of the
34governing board of the commission adopted by a majority vote of
35its governing board. The resolution or bond authorizing instrument
36shall state all of the following:

37(A) The purposes for which the proposed debt is to be incurred.

38(B) The estimated cost of accomplishing those purposes.

39(C) The amount of the principal of the indebtedness.

P6    1(D) The maximum term of the bonds and the maximum interest
2rate.

3(E) The denomination or denominations of the bonds, which
4shall not be less than five thousand dollars ($5,000).

5(F) The form of the bonds.

6(f) Not later than three years after the San Bernardino County
7Transportation Commission first collects revenues from the
8program authorized by this section, the commission shall submit
9a report to the Legislative Analyst on its findings, conclusions,
10and recommendations concerning the program. The report shall
11include an analysis of the effect of the transportation facilities on
12the adjacent mixed-flow lanes and any comments submitted by
13the department and the Department of the California Highway
14Patrol regarding operation of the transportation facilities.

15(g) This section shall not prevent the department or any local
16agency from constructing improvements in the transportation
17corridors that compete with the program, and the San Bernardino
18County Transportation Commission shall not be entitled to
19compensation for the adverse effects on toll revenue due to those
20competing improvements.

21(h) If any provision of this section or the application thereof is
22held invalid, that invalidity shall not affect other provisions or
23applications of this section that can be given effect without the
24invalid provision or application, and to this extent the provisions
25are severable.

26(i) Nothing in this section shall authorize the conversion of any
27existing nontoll or nonuser-fee lanes into tolled or user-fee lanes,
28except that a high-occupancy vehicle lane may be converted into
29a high-occupancy toll lane.



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