Amended in Senate March 30, 2016

Senate Bill No. 1305

Introduced by Senator Morrell

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(Coauthor: Senator Fuller)

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(Coauthors: Assembly Members Lackey, Mayes, and Obernolte)

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February 19, 2016

begin delete An act to repeal Section 379.8 of the Public Utilities Code, relating to energy. end delete begin insert An act to amend Sections 130102, 130108, 130233, and 180260 of, to amend and renumber Section 130054 of, to add Chapter 7 (commencing with Section 130800) to Division 12 of, to repeal Section 130102.5 of, and to repeal Division 20 (commencing with Section 190000) of, the Public Utilities Code, and to amend Section 149.11 of the Streets and Highways Code, relating to transportation. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1305, as amended, Morrell. begin delete Advanced electrical distributed generation technology. end delete begin insert San Bernardino County Transportation Authority. end insert

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Existing law authorizes a county board of supervisors to create or otherwise designate local agencies, including a transportation authority, which may impose a transportation sales tax subject to voter approval, a service authority for freeway emergencies, and a transportation congestion management agency, as specified.

end insert begin insert

The Joint Exercise of Powers Act authorizes the legislative or other governing bodies of 2 or more public agencies to jointly exercise, by agreement, any power common to the contracting parties, as specified.

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The County Transportation Commissions Act provides for the creation of county transportation commissions in the Counties of Los Angeles, Orange, Riverside, San Bernardino, and Ventura, with various powers and duties relative to transportation planning and funding, as specified.

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This bill would create the San Bernardino County Transportation Authority as the successor to the powers, duties, revenues, debts, obligations, liabilities, immunities, and exemptions, expressed or implied, of the San Bernardino County Transportation Commission and the County of San Bernardino local transportation authority, service authority for freeway emergencies, and local congestion management agency, and of the San Bernardino Associated Governments joint powers authority when it was acting on behalf of, or in the capacity of, those entities.

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By imposing new duties on local government associated with this consolidation, the bill would impose a state-mandated local program.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations, as defined. The existing definition of an electrical corporation excludes a corporation or person employing cogeneration, as defined, or producing electricity from other than a conventional power source for certain purposes. Existing law places certain limitations upon gas rates and surcharges charged cogenerators. Existing law prohibits placing alternative fuel capability requirements upon gas customers that use gas for purposes of cogeneration.

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Existing law authorizes the commission and the State Air Resources Board to treat advanced electrical distributed generation technology, as defined, as cogeneration, and makes the existing limitations upon gas rates and surcharges charged to cogenerators applicable to an advanced electrical distributed generation technology. Existing law also makes the prohibition upon placing alternative fuel capability requirements upon gas customers that use gas for purposes of cogeneration applicable to a generator using advanced electrical distributed generation technology. These provisions do not apply to an advanced electrical distributed generation technology that is first operational at a site on and after January 1, 2016.

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This bill would delete those provisions relating to advanced electrical distributed generation technology.

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

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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It is the intent of the Legislature that the San
Bernardino County Transportation Authority be a unified and
comprehensive institution that combines the transportation-related
functions and authorities of the San Bernardino County
Transportation Commission and the County of San Bernardino
local transportation authority, service authority for freeway
emergencies, and congestion management agency, which are
currently exercised by the San Bernardino Associated Governments
joint powers authority by statute or by designation of the San
Bernardino County Board of Supervisors. It is the intent of the
Legislature that this act vest responsibility and liability for
transportation-related functions in the County of San Bernardino
in a single entity, promote administrative efficiency, enhance public
transparency, and ensure maximum accountability to the people,
as provided for in this act.

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begin insert

begin insert SEC. 2. end insert   

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begin insert Section 130054 of the end insert begin insert Public Utilities Code end insert begin insert is amended
and renumbered to read: end insert

begin delete 130054. end delete

begin insert 130807. end insert   

The San Bernardino County Transportation
Commission shall be begin delete the San Bernardino Associated Governments,
consisting of the following members: end delete begin insert known as the authority. end insert

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(a) Five members of the San Bernardino County Board of
Supervisors.

end delete begin delete

(b) The Mayor of the City of San Bernardino.

end delete begin delete

(c) One member from each of the other incorporated cities of
San Bernardino County, who shall be a mayor or a city councilman.

end delete begin delete

(d) One nonvoting member appointed by the Governor.

end delete

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begin insert SEC. 3. end insert   

end insert

begin insert Section 130102 of the end insert begin insert Public Utilities Code end insert begin insert is amended
to read: end insert

130102.  

A majority of the members of the commission shall
constitute a quorum for the transaction of business, and all official
acts of the begin delete commission, except as otherwise provided in Section
130102.5, end delete begin insert commission end insert shall require the affirmative vote of a
majority of the members of the commission.

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begin insert SEC. 4. end insert   

end insert

begin insert Section 130102.5 of the end insert begin insert Public Utilities Code end insert begin insert is
repealed. end insert

begin delete

130102.5.  

In the case of the San Bernardino County
Transportation Commission, its official acts shall require the
affirmative vote of a majority of the members representing the
cities and a majority of the members of the board of supervisors
if this is requested by either a majority of the members representing
the cities or a majority of the members of the board of supervisors.

end delete

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begin insert SEC. 5. end insert   

end insert

begin insert Section 130108 of the end insert begin insert Public Utilities Code end insert begin insert is amended
to read: end insert

130108.  

(a) Each member of a commission may be
compensated at a rate not exceeding one hundred dollars ($100)
for any day attending to the business of the commission, but not
to exceed four hundred dollars ($400) in any month, and the
necessary traveling and personal expenses incurred in the
performance of his begin insert or her end insert duties as authorized by the commission.
Members of the begin insert San Bernardino County Transportation Authority
shall be compensated pursuant to this subdivision. Members of
the end insert Los Angeles County Metropolitan Transportation Authority
shall be compensated pursuant to subdivision (b).

(b) Each member of the Los Angeles County Metropolitan
Transportation Authority shall be compensated at a rate not
exceeding one hundred and fifty dollars ($150) for any day
attending to the business of the authority, but not to exceed six
hundred dollars ($600) per month, and other expenses which are
directly related to the performance of duties as authorized by the
authority.

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begin insert SEC. 6. end insert   

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begin insert Section 130233 of the end insert begin insert Public Utilities Code end insert begin insert is amended
to read: end insert

130233.  

begin delete If, end delete begin insert (a) end insert begin insert   end insert begin insert Except as provided in subdivision (b), if, end insert after
rejecting bids received under Section begin delete 130232 end delete begin insert 130232, end insert the
commission determines and declares, by a two-thirds vote of all
of its members, that the supplies, equipment, or materials may be
purchased at a lower price in the open market, the commission
may proceed to purchase those supplies, equipment, or materials
in the open market without further observance of the provisions
in this article regarding contracts, bids, advertisement, or notice.

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(b) Notwithstanding subdivision (a), if, after rejecting bids
received under Section 130232, the San Bernardino County
Transportation Authority determines and declares, by a majority
vote of all of its members, that the supplies, equipment, or materials
may be purchased at a lower price in the open market, the authority
may proceed to purchase those supplies, equipment, or materials
in the open market without further observance of the provisions
in this article regarding contracts, bids, advertisement, or notice.

end insert

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Chapter 7 (commencing with Section 130800) is added
to Division 12 of the end insert begin insert Public Utilities Code end insert begin insert , to read: end insert

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Chapter   begin insert 7. end insert San Bernardino County Transportation
Authority Consolidation Act of 2017

 

begin insert 130800. end insert   

This chapter shall be known and may be cited as the
San Bernardino County Transportation Authority Consolidation
Act of 2017.

begin insert 130803. end insert   

For purposes of this chapter, the following definitions
shall apply:

(a) “Authority” means the San Bernardino County
Transportation Authority established pursuant to Section 130806.

(b) “Local congestion management agency” means a County
of San Bernardino congestion management agency established
pursuant to subdivision (a) of Section 65089 of the Government
Code.

(c) “Local transportation authority” means a County of San
Bernardino transportation authority established pursuant to
Section 180050.

(d) “San Bernardino Associated Governments” means the joint
powers agency established pursuant to the Joint Exercise of Powers
Act (Chapter 5 (commencing with Section 6500) of Division 7 of
Title 1 of the Government Code).

(e) “San Bernardino County Consolidated Agencies” means
the San Bernardino County Transportation Commission established
pursuant to Section 130050, the local transportation authority,
service authority for freeway emergencies, and local congestion
management agency in existence on December 31, 2016, and the
San Bernardino Associated Governments when it was acting on
behalf of, or in the capacity of, those entities.

(f) “Service authority for freeway emergencies” means a County
of San Bernardino service authority for freeway emergencies
established pursuant to Section 2551 of the Streets and Highways
Code.

begin insert 130806. end insert   

There is hereby created the San Bernardino County
Transportation Authority. The authority shall be the successor to
the powers, duties, revenues, debts, obligations, liabilities,
immunities, and exemptions, expressed or implied, of the San
Bernardino County Consolidated Agencies.

begin insert 130809. end insert   

(a) The authority may exercise all rights and powers,
expressed or implied, including, without limitation, the power to
issue bonds, and rely on any immunities or exemptions provided
by law to a county transportation commission, a local
transportation authority, a service authority for freeway
emergencies, or a local congestion management agency.

(b) The authority’s powers include, but are not limited to, the
power to do all of the following:

(1) To sue and to be sued.

(2) To acquire any property by any means, and to hold, manage,
occupy, develop, jointly develop, dispose of, lease, convey, or
otherwise encumber property.

(3) To create a leasehold interest in property for the benefit of
the authority.

(4) To acquire, by eminent domain, any property necessary to
carry out any of its powers or functions.

(5) To merge or split parcels, adjust boundary lines, or take
similar actions as part of the acquisition of land or as needed in
order to carry out its functions.

(6) To construct, acquire, develop, jointly develop, maintain,
operate, lease, and dispose of work, property, rights-of-way, and
facilities.

(7) To appoint necessary employees, including counsel, and to
define their qualifications and duties.

(8) To enter into and perform all necessary contracts.

(9) To fix and collect fees for any services rendered by it.

(10) To adopt a seal and alter it.

(11) To adopt an annual budget and to fix the compensation of
its officers, board members, and employees.

(12) To establish and enforce rules and regulations for the
administration, operation, and maintenance of facilities and
services.

(13) To enter into joint powers arrangements with other entities.

(14) To provide insurance.

(15) To issue bonds and incur other obligations.

(16) To advance funds from any sources towards a project in
anticipation of future funding sources or contributions from other
agencies in order to maximize the efficient delivery of projects
undertaken by the authority.

(17) To loan moneys from any of the funds or accounts held by
the authority to any other fund or account held by the authority,
if all of the following occur:

(A) The loan is authorized pursuant to a resolution of the
governing board of the authority.

(B) The authority determines that the loan serves the purposes
of the authority.

(C) All moneys loaned to the borrowing fund or account are
expended for any of the lawful purposes for which the borrowing
account was established.

(18) To do any other things necessary or desirable to carry out
the purposes of a county transportation commission, a local
transportation authority, a service authority for freeway
emergencies, or a local congestion management agency.

begin insert 130812. end insert   

The authority may bring an action to determine the
validity of its bonds, warrants, contracts, obligations, or evidences
of indebtedness issued on or after January 1, 2017, pursuant to
Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of
the Code of Civil Procedure.

begin insert 130815. end insert   

(a) The governing body of the authority shall consist
of the following members:

(1) Five members of the San Bernardino County Board of
Supervisors.

(2) One member from each County of San Bernardino
incorporated city, who shall be a mayor or a city council member.

(3) One nonvoting member appointed by the Governor.

(b) Each County of San Bernardino incorporated city may
appoint an alternate member to represent it at a meeting, but only
if the regular member cannot attend the meeting. The alternate
member shall either be a mayor or a city council member.

begin insert 130818. end insert   

(a) Any reference to the San Bernardino County
Transportation Commission or to a County of San Bernardino
transportation commission, local transportation authority, service
authority for freeway emergencies, or local congestion
management agency, shall be deemed to refer to the authority.

(b) By operation of law, the authority shall act as and assume
the rights, obligations, assets, and liabilities of the San Bernardino
County Consolidated Agencies, as established by operation of law
or under any contract to which any of them is a party and that was
entered into before January 1, 2017. All real and personal property
owned by any of the San Bernardino County Consolidated Agencies
shall be transferred to the authority by operation of law.

(c) The respective legally enforceable debts and liabilities of
the San Bernardino County Consolidated Agencies shall transfer
to the authority and exist as debts and liabilities of the authority
in the same manner as if the authority had itself incurred them.

(d) The respective rights of creditors and all liens upon the
property of the San Bernardino County Consolidated Agencies
transferred to the authority, including, without limitation, any
pledge of revenues or other collateral securing the repayment of
bonds, as those terms are defined in Section 5450 of the
Government Code, and the other responsibilities of the San
Bernardino County Consolidated Agencies transferred to the
authority, shall be preserved unimpaired, and those bonds are the
valid obligations of the authority, in each case limited in lien or
pledge to the property affected by the liens or pledges immediately
prior to the transfer of related responsibilities and obligations.

(e) All powers, duties, debts, obligations, liabilities, or claims
arising out of or related to the powers, duties, debts, obligations,
and liabilities transferred to the authority under this chapter by
operation of law shall be transferred to the authority without
further recourse to the San Bernardino Associated Governments
or its member agencies, as applicable, and the authority may be
proceeded against or substituted in the place of any of the San
Bernardino County Consolidated Agencies if the action or
proceeding pertains to a transferred power, duty, revenue, debt,
obligation, liability, or claim.

(f) In order to protect the holders of outstanding, unmatured
bonds and other evidences of indebtedness of the San Bernardino
County Consolidated Agencies pertaining to the responsibilities
and obligations transferred to the authority, the authority shall
have the power to take all actions and do all things necessary or
required for the protection of those holders and for compliance
with the terms of those bonds and other evidences of indebtedness.
The authority shall have the power to continue all services that
the San Bernardino County Consolidated Agencies, on the date of
the transfer, was furnishing and that pertained to the
responsibilities and obligations transferred to the authority.

begin insert 130821. end insert   

Chapter 1 (commencing with Section 180000), Chapter
5 (commencing with Section 180200), and Chapter 6 (commencing
with Section 180250) of Division 19 (commencing with Section
180000) shall be equally applicable to the authority as if set forth
herein and shall be in addition to the powers and functions of the
authority set forth in this division.

begin insert 130824. end insert   

(a) After the creation of the authority and on the
effective date of a resolution of the Board of Retirement of the San
Bernardino County Employees’ Retirement Association consenting
to membership of the authority’s employees pursuant to subdivision
(b) of Section 31557 of the Government Code, all then-current
employees of the San Bernardino Associated Governments shall
be deemed to be employees of the authority and all duties and
obligations of the employment relationship shall be assumed by
the authority. The status of each employee deemed to have become
an employee of the authority by operation of this section, with
respect to membership in the retirement system, shall, in all
respects, be as if the employee had remained a member of the
retirement system without any break in service or change of
employer. The authority shall be deemed a “district” as defined
by the County Employees’ Retirement Law of 1937 (Chapter 3
(commencing with Section 31450) of Part 3 of Division 4 of Title
3 of the Government Code), and shall in all respects assume all
of the rights, obligations, and status previously occupied by the
San Bernardino Associated Governments as a participating district
in the retirement system, including, but not limited to, the payment
of employer contributions, the payment of unfunded actuarial
liability, the withholding of employee contributions, the reporting
of compensation earnable and pensionable compensation, record
retention and audit compliance, the enrollment of eligible
employees in membership, compliance with restrictions on the
employment of retired persons, and the pickup of employee
contributions pursuant to Section 414(h)(2) of the Internal Revenue
Code (26 U.S.C. 414(h)(2)) and any agreement or resolution
implementing the same.

(b) The termination of the San Bernardino Associated
Governments’ status as a participating district in the retirement
system shall not trigger withdrawal liability pursuant to Section
31564.2 of the Government Code. The authority shall assume the
prior obligations of the San Bernardino Associated Governments
for the payment of unfunded actuarial liability, which shall
continue to be included in contribution rates calculated and
approved pursuant to the County Employees’ Retirement Law of
1937, including, but not limited to, Sections 31453, 31453.5, 31454,
31581, and 31585 of the Government Code, as if no change in the
participating employer had occurred.

(c) The authority shall succeed to the rights, duties, and
obligations of the San Bernardino Associated Governments with
respect to its replacement benefits program pursuant to Chapter
3.9 (commencing with Section 31899) of Part 3 of Division 4 of
Title 3 of the Government Code. The rights of each retirement
system member to participate in the replacement benefits program,
as those rights exist at the time of the transfer of rights, duties,
and obligations to the authority, whether the member is actively
employed, deferred, or retired, shall continue as if there had been
no change in the status of the employer. The transfer of rights,
duties, and responsibilities shall not be deemed the creation of a
new replacement benefit program, and the continuation of
employees’ rights pursuant to the operation of this section shall
not be deemed the offering of a new plan to any employee, for
purposes of Section 7522.43 and subdivision (c) of Section 31899
of the Government Code.

begin insert 130827. end insert   

The authority shall have the power to contract to
provide the services of its employees to San Bernardino Associated
Governments upon lawful terms and conditions agreed to by the
authority and San Bernardino Associated Governments.

end insert

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begin insert SEC. 8. end insert   

end insert

begin insert Section 180260 of the end insert begin insert Public Utilities Code end insert begin insert is amended
to read: end insert

180260.  

begin delete All end delete begin insert (a) end insert begin insert   end insert begin insert All end insert accrued interest and premiums received
on the sale of the bonds shall be placed in the fund to be used for
the payment of the principal of, and interest on, the bonds, and the
remainder of the proceeds of the bonds shall be placed in the
treasury of the authority and applied to secure the bonds or for the
purposes for which the debt was incurred. However, when the
purposes have been accomplished, any money remaining shall be
either (a) transferred to the fund to be used for the payment of
principal of, and interest on, the bonds or (b) placed in a fund to
be used for the purchase of the outstanding bonds in the open
market at prices and in the manner, either at public or private sale
or otherwise, as determined by the authority. Bonds so purchased
shall be canceled immediately.

begin insert

(b) Notwithstanding subdivision (a), all proceeds of the San
Bernardino County Transportation Authority’s bonds shall be
applied to secure the bonds or for the purposes for which the debt
was incurred. However, when the purposes have been
accomplished, any moneys remaining shall be either transferred
to the fund used for the payment of principal of, and interest on,
the bonds, or placed in a fund to be used for the purchase of the
outstanding bonds in the open market at prices and in the manner,
either at public or private sale or otherwise, as determined by the
San Bernardino County Transportation Authority. Bonds so
purchased shall be canceled immediately.

end insert

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Division 20 (commencing with Section 190000) of the end insert begin insert
Public Utilities Code end insert begin insert is repealed. end insert

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 149.11 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

149.11.  

(a) (1) Notwithstanding Sections 149 and 30800 of
this code, and Section 21655.5 of the Vehicle Code, the San
Bernardino County Transportation begin delete Commission, end delete begin insert Authority, end insert created
pursuant to Section begin delete 130054 end delete begin insert 130806 end insert of the Public Utilities Code,
may conduct, administer, and operate a value-pricing program in
the Interstate 10 and Interstate 15 corridors in the County of San
Bernardino. The value-pricing program may include
high-occupancy toll lanes or other toll facilities. The San
Bernardino County Transportation begin delete Commission end delete begin insert Authority end insert may
also extend the program to include the approaching and departing
connectors on Interstate 10 extending into the County of Los
Angeles, as designated by an agreement with the Los Angeles
County Metropolitan Transportation Authority, and the connection
to the Interstate 15 express lanes project in the County of Riverside,
as designated by an agreement with the Riverside County
Transportation Commission. The San Bernardino County
Transportation begin delete Commission end delete begin insert Authority end insert may exercise its existing
powers of eminent domain pursuant to Section 130220.5 of the
Public Utilities Code to acquire property necessary to carry out
the purposes of the value-pricing program.

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

(3) The San Bernardino County Transportation begin delete Commission end delete
begin insert Authority end insert shall have the authority to set, levy, and collect tolls,
user fees, or other similar charges payable for the use of the toll
facilities in the County of San Bernardino, and any other incidental
or related fees or charges, and to collect those revenues, in a
manner determined by the San Bernardino County Transportation
begin delete Commission, end delete begin insert Authority, end insert in amounts as required for the following
expenditures relative to the program and for the purposes of
paragraph (4):

(A) Development, including the costs of design, construction,
right-of-way acquisition, and utilities adjustment.

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

(C) Repair, rehabilitation, and reconstruction.

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

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

(F) Reserves for the purposes described in subparagraphs (A)
to (E), inclusive.

(4) All revenue generated pursuant to paragraph (3) in excess
of the expenditure needs of that paragraph shall be used exclusively
for the benefit of the transportation corridors included in the
value-pricing program created pursuant to this section. These
excess revenue expenditures shall be described in an excess revenue
expenditure plan developed in consultation with the department
and adopted and periodically updated by the board of directors of
the San Bernardino County Transportation begin delete Commission end delete begin insert Authority end insert
and may include, but need not be limited to, the following eligible
expenditures:

(A) Expenditures to enhance transit service designed to reduce
traffic congestion within the transportation corridors included in
the value-pricing program created pursuant to this section. Eligible
expenditures include, but are not limited to, transit operating
assistance, the acquisition of transit vehicles, and transit capital
improvements otherwise eligible to be funded under the state
transportation improvement program pursuant to Section 164.

(B) Expenditures to make operational or capacity improvements
designed to reduce traffic congestion or improve the flow of traffic
in the transportation corridors included in the value-pricing
program created pursuant to this section. Eligible expenditures
include, but are not limited to, any phase of project delivery to
make capital improvements to on ramps, off ramps, connector
roads, roadways, bridges, or other structures that are necessary for
or related to the tolled or nontolled transportation facilities in the
transportation corridors included in the value-pricing program
created pursuant to this section.

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

(b) (1) The San Bernardino County Transportation begin delete Commission end delete
begin insert Authority end insert shall carry out the program in cooperation with the
Department of the California Highway Patrol pursuant to an
agreement that addresses all matters related to enforcement on
state highway system facilities in connection with the value-pricing
program, and with the department pursuant to an agreement that
addresses all matters related to the design, construction,
maintenance, and operation of state highway system facilities in
connection with the value-pricing program, including, but not
limited to, financing, repair, rehabilitation, and reconstruction.

(2) The San Bernardino County Transportation begin delete Commission end delete
begin insert Authority end insert shall be responsible for reimbursing the department and
the Department of the California Highway Patrol for costs related
to the toll facility pursuant to an agreement between the San
Bernardino County Transportation begin delete Commission end delete begin insert Authority end insert and the
department and between the San Bernardino County Transportation
begin delete Commission end delete begin insert Authority end insert and the Department of the California
Highway Patrol.

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

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

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

(3) The bonds shall bear interest at a rate or rates not exceeding
the maximum allowable by law, payable at intervals determined
by the San Bernardino County Transportation begin delete Commission. end delete

begin insert Authority. end insert

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

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

(5) Bonds shall be issued pursuant to a resolution of the
governing board of the San Bernardino County Transportation
begin delete Commission end delete begin insert Authority end insert adopted by a majority vote of its governing
board. The resolution or bond authorizing instrument shall state
all of the following:

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

(B) The estimated cost of accomplishing those purposes.

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

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

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

(F) The form of the bonds.

(e) Not later than three years after begin insert either end insert the San Bernardino
County Transportation Commission begin insert or the San Bernardino County
Transportation Authority end insert first collects revenues from the program
authorized by this section, the San Bernardino County
Transportation begin delete Commission end delete begin insert Authority end insert shall submit a report to the
Legislative Analyst on its findings, conclusions, and
recommendations concerning the program. The report shall include
an analysis of the effect of the transportation facilities on the
adjacent mixed-flow lanes and any comments submitted by the
department and the Department of the California Highway Patrol
regarding operation of the transportation facilities.

(f) This section shall not prevent the department or any local
agency from constructing improvements in the transportation
corridors that compete with the program, and the San Bernardino
County Transportation begin delete Commission end delete begin insert Authority end insert shall not be entitled
to compensation for the adverse effects on toll revenue due to those
competing improvements.

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

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

begin insert

begin insert SEC. 11. end insert   

end insert begin insert

The provisions of this act are severable. If any
provision of this act or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.

end insert

begin insert

begin insert SEC. 12. end insert   

end insert begin insert

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end insert

begin delete

SECTION 1.  

Section 379.8 of the Public Utilities Code is
repealed.

end delete