Amended in Senate May 10, 2016

Amended in Senate March 30, 2016

Senate BillNo. 1305


Introduced by Senator Morrell

begin delete

(Coauthor: Senator Fuller)

end delete
begin insert

(Coauthors: Senators Fuller, Huff, and Roth)

end insert

(Coauthors: Assembly Members Lackey, Mayes,begin delete and Obernolte)end deletebegin insert Obernolte, and Steinorth)end insert

February 19, 2016


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.

LEGISLATIVE COUNSEL’S DIGEST

SB 1305, as amended, Morrell. San Bernardino County Transportation Authority.

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.

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.

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.

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.

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

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.

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.

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

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

P2    1

SECTION 1.  

It is the intent of the Legislature that the San
2Bernardino County Transportation Authority be a unified and
3comprehensive institution that combines the transportation-related
4functions and authorities of the San Bernardino County
5Transportation Commission and the County of San Bernardino
6local transportation authority, service authority for freeway
7emergencies, and congestion management agency, which are
8currently exercised by the San Bernardino Associated Governments
9joint powers authority by statute or by designation of the San
10Bernardino County Board of Supervisors. It is the intent of the
11Legislature that this act vest responsibility and liability for
12transportation-related functions in the County of San Bernardino
13in a singlebegin delete entity,end deletebegin insert entity toend insert promote administrative efficiency,
14enhance public transparency, and ensure maximum accountability
15to thebegin delete people, as provided for in this act.end deletebegin insert people.end insert

P3    1

SEC. 2.  

Section 130054 of the Public Utilities Code is amended
2and renumbered to read:

3

130807.  

The San Bernardino County Transportation
4Commission shall be known as the authority.

5

SEC. 3.  

Section 130102 of the Public Utilities Code is amended
6to read:

7

130102.  

A majority of the members of the commission shall
8constitute a quorum for the transaction of business, and all official
9acts of the commission shall require the affirmative vote of a
10majority of the members of the commission.

11

SEC. 4.  

Section 130102.5 of the Public Utilities Code is
12repealed.

13

SEC. 5.  

Section 130108 of the Public Utilities Code is amended
14to read:

15

130108.  

(a) Each member of a commission may be
16compensated at a rate not exceeding one hundred dollars ($100)
17for any day attending to the business of the commission, but not
18to exceed four hundred dollars ($400) in any month, and the
19necessary traveling and personal expenses incurred in the
20performance of his or her duties as authorized by the commission.
21Members of the San Bernardino County Transportation Authority
22shall be compensated pursuant to this subdivision. Members of
23the Los Angeles County Metropolitan Transportation Authority
24shall be compensated pursuant to subdivision (b).

25(b) Each member of the Los Angeles County Metropolitan
26Transportation Authority shall be compensated at a rate not
27exceeding one hundred and fifty dollars ($150) for any day
28attending to the business of the authority, but not to exceed six
29hundred dollars ($600) per month, and other expenses which are
30directly related to the performance of duties as authorized by the
31authority.

32

SEC. 6.  

Section 130233 of the Public Utilities Code is amended
33to read:

34

130233.  

(a) Except as provided in subdivision (b), if, after
35rejecting bids received under Section 130232, the commission
36determines and declares, by a two-thirds vote of all of its members,
37that the supplies, equipment, or materials may be purchased at a
38lower price in the open market, the commission may proceed to
39purchase those supplies, equipment, or materials in the open market
P4    1without further observance of the provisions in this article
2regarding contracts, bids, advertisement, or notice.

3(b) begin deleteNotwithstanding subdivision (a), if, end deletebegin insertIf, end insertafter rejecting bids
4received under Section 130232, the San Bernardino County
5Transportation Authority determines and declares, by a majority
6vote of all of its members, that the supplies, equipment, or materials
7may be purchased at a lower price in the open market, the authority
8may proceed to purchase those supplies, equipment, or materials
9in the open market without further observance of the provisions
10in this article regarding contracts, bids, advertisement, or notice.

11

SEC. 7.  

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

13 

14Chapter  7. San Bernardino County Transportation
15Authority Consolidation Act of 2017
16

 

17

130800.  

This chapter shall be known and may be cited as the
18San Bernardino County Transportation Authority Consolidation
19Act of 2017.

20

130803.  

For purposes of this chapter, the following definitions
21shall apply:

22(a) “Authority” means the San Bernardino County
23Transportation Authority established pursuant to Section 130806.

24(b) “Local congestion management agency” means a County
25of San Bernardino congestion management agency established
26pursuant to subdivision (a) of Section 65089 of the Government
27Code.

28(c) “Local transportation authority” means a County of San
29Bernardino transportation authority established pursuant to Section
30180050.

31(d) “San Bernardino Associated Governments” means the joint
32powers agency established pursuant to the Joint Exercise of Powers
33Act (Chapter 5 (commencing with Section 6500) of Division 7 of
34Title 1 of the Government Code).

35(e) “San Bernardino County Consolidated Agencies” means the
36San Bernardino County Transportation Commission established
37pursuant to Section 130050, the local transportation authority,
38service authority for freeway emergencies, and local congestion
39management agency in existence on December 31, 2016, and the
P5    1San Bernardino Associated Governments when it was acting on
2behalf of, or in the capacity of, those entities.

3(f) “Service authority for freeway emergencies” means a County
4of San Bernardino service authority for freeway emergencies
5established pursuant to Section 2551 of the Streets and Highways
6Code.

7

130806.  

There is hereby created the San Bernardino County
8Transportation Authority. The authority shall be the successor to
9the powers, duties, revenues, debts, obligations, liabilities,
10immunities, and exemptions, expressed or implied, of the San
11Bernardino County Consolidated Agencies.

12

130809.  

(a) The authority may exercise all rights and powers,
13expressed or implied, including, without limitation, the power to
14issue bonds, and rely on any immunities or exemptions provided
15by law to a county transportation commission, a local transportation
16authority, a service authority for freeway emergencies, or a local
17congestion management agency.

18(b) The authority’s powers include, but are not limited to, the
19power to do all of the following:

20(1) To sue and to be sued.

21(2) To acquire any property by any means, and to hold, manage,
22occupy, develop, jointly develop, dispose of, lease, convey, or
23otherwise encumber property.

24(3) To create a leasehold interest in property for the benefit of
25the authority.

26(4) To acquire, by eminent domain, any property necessary to
27carry out any of its powers or functions.

28(5) To merge or split parcels, adjust boundary lines, or take
29similar actions as part of the acquisition of land or as needed in
30order to carry out its functions.

31(6) To construct, acquire, develop, jointly develop, maintain,
32operate, lease, and dispose of work, property, rights-of-way, and
33facilities.

34(7) To appoint necessary employees, including counsel, and to
35define their qualifications and duties.

36(8) To enter into and perform all necessary contracts.

37(9) To fix and collect fees for any services rendered by it.

38(10) To adopt a seal and alter it.

39(11) To adopt an annual budget and to fix the compensation of
40its officers, board members, and employees.

P6    1(12) To establish and enforce rules and regulations for the
2administration, operation, and maintenance of facilities and
3services.

4(13) To enter into joint powers arrangements with other entities.

5(14) To provide insurance.

6(15) To issue bonds and incur other obligations.

7(16) To advance funds from any sources towards a project in
8anticipation of future funding sources or contributions from other
9agencies in order to maximize the efficient delivery of projects
10undertaken by the authority.

11(17) To loan moneys from any of the funds or accounts held by
12the authority to any other fund or account held by the authority, if
13all of the following occur:

14(A) The loan is authorized pursuant to a resolution of the
15governing board of the authority.

16(B) The authority determines that the loan serves the purposes
17of the authority.

18(C) All moneys loaned to the borrowing fund or account are
19expended for any of the lawful purposes for which the borrowing
20account was established.

21(18) To do any other things necessary or desirable to carry out
22the purposes of a county transportation commission, a local
23transportation authority, a service authority for freeway
24emergencies, or a local congestion management agency.

25

130812.  

The authority may bring an action to determine the
26validity of its bonds, warrants, contracts, obligations, or evidences
27of indebtedness issued on or after January 1, 2017, pursuant to
28Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of
29the Code of Civil Procedure.

30

130815.  

(a) The governing body of the authority shall consist
31of the following members:

32(1) Five members of the San Bernardino County Board of
33Supervisors.

34(2) One member from each County of San Bernardino
35incorporated city, who shall be a mayor or a city council member.

36(3) One nonvoting member appointed by the Governor.

37(b) Each County of San Bernardino incorporated city may
38appoint an alternate member to represent it at a meeting, but only
39if the regular member cannot attend the meeting. The alternate
40member shall either be a mayor or a city council member.

P7    1

130818.  

(a) Any reference to the San Bernardino County
2Transportation Commission or to a County of San Bernardino
3transportation commission, local transportation authority, service
4authority for freeway emergencies, or local congestion management
5agency, shall be deemed to refer to the authority.

6(b) By operation of law, the authority shall act as and assume
7the rights, obligations, assets, and liabilities of the San Bernardino
8County Consolidated Agencies, as established by operation of law
9or under any contract to which any of them is a party and that was
10entered into before January 1, 2017. All real and personal property
11owned by any of the San Bernardino County Consolidated
12Agencies shall be transferred to the authority by operation of law.

13(c) The respective legally enforceable debts and liabilities of
14the San Bernardino County Consolidated Agencies shall transfer
15to the authority and exist as debts and liabilities of the authority
16in the same manner as if the authority had itself incurred them.

17(d) The respective rights of creditors and all liens upon the
18property of the San Bernardino County Consolidated Agencies
19transferred to the authority, including, without limitation, any
20pledge of revenues or other collateral securing the repayment of
21bonds, as those terms are defined in Section 5450 of the
22Government Code, and the other responsibilities of the San
23Bernardino County Consolidated Agencies transferred to the
24authority, shall be preserved unimpaired, and those bonds are the
25valid obligations of the authority, in each case limited in lien or
26pledge to the property affected by the liens or pledges immediately
27prior to the transfer of related responsibilities and obligations.

28(e) All powers, duties, debts, obligations, liabilities, or claims
29arising out of or related to the powers, duties, debts, obligations,
30and liabilities transferred to the authority under this chapter by
31operation of law shall be transferred to the authority without further
32recourse to the San Bernardino Associated Governments or its
33member agencies, as applicable, and the authority may be
34proceeded against or substituted in the place of any of the San
35Bernardino County Consolidated Agencies if the action or
36proceeding pertains to a transferred power, duty, revenue, debt,
37obligation, liability, or claim.

38(f) In order to protect the holders of outstanding, unmatured
39bonds and other evidences of indebtedness of the San Bernardino
40County Consolidated Agencies pertaining to the responsibilities
P8    1and obligations transferred to the authority, the authority shall have
2the power to take all actions and do all things necessary or required
3for the protection of those holders and for compliance with the
4terms of those bonds and other evidences of indebtedness. The
5authority shall have the power to continue all services that the San
6Bernardino County Consolidated Agencies, on the date of the
7transfer, was furnishing and that pertained to the responsibilities
8and obligations transferred to the authority.

9

130821.  

Chapter 1 (commencing with Section 180000), Chapter
105 (commencing with Section 180200), and Chapter 6 (commencing
11with Section 180250) of Division 19 (commencing with Section
12180000) shall be equally applicable to the authority as if set forth
13herein and shall be in addition to the powers and functions of the
14authority set forth in this division.

15

130824.  

(a) After the creation of the authority and on the
16effective date of a resolution of the Board of Retirement of the
17San Bernardino County Employees’ Retirement Association
18consenting to membership of the authority’s employees pursuant
19to subdivision (b) of Section 31557 of the Government Code, all
20then-current employees of the San Bernardino Associated
21Governments shall be deemed to be employees of the authority
22and all duties and obligations of the employment relationship shall
23be assumed by the authority. The status of each employee deemed
24to have become an employee of the authority by operation of this
25section, with respect to membership in the retirement system, shall,
26in all respects, be as if the employee had remained a member of
27the retirement system without any break in service or change of
28 employer. The authority shall be deemed a “district” as defined
29by the Countybegin delete Employees’end deletebegin insert Employeesend insert Retirement Law of 1937
30(Chapter 3 (commencing with Section 31450) of Part 3 of Division
314 of Title 3 of the Governmentbegin delete Code),end deletebegin insert Code)end insert and shall in all
32respects assume all of the rights, obligations, and status previously
33occupied by the San Bernardino Associated Governments as a
34participating district in the retirement system, including, but not
35limited to, the payment of employer contributions, the payment of
36unfunded actuarial liability, the withholding of employee
37contributions, the reporting of compensation earnable and
38pensionable compensation, record retention and audit compliance,
39the enrollment of eligible employees in membership, compliance
40with restrictions on the employment of retired persons, and the
P9    1pickup of employee contributions pursuant to Section 414(h)(2)
2of the Internal Revenue Code (26 U.S.C. 414(h)(2)) and any
3agreement or resolution implementing the same.

4(b) The termination of the San Bernardino Associated
5Governments’ status as a participating district in the retirement
6system shall not trigger withdrawal liability pursuant to Section
731564.2 of the Government Code. The authority shall assume the
8prior obligations of the San Bernardino Associated Governments
9for the payment of unfunded actuarial liability, which shall continue
10to be included in contribution rates calculated and approved
11pursuant to the Countybegin delete Employees’end deletebegin insert Employeesend insert Retirement Law
12of 1937, including, but not limited to, Sections 31453, 31453.5,
1331454, 31581, and 31585 of the Government Code, as if no change
14in the participating employer had occurred.

15(c) The authority shall succeed to the rights, duties, and
16obligations of the San Bernardino Associated Governments with
17respect to its replacement benefits program pursuant to Chapter
183.9 (commencing with Section 31899) of Part 3 of Division 4 of
19Title 3 of the Government Code. The rights of each retirement
20system member to participate in the replacement benefits program,
21as those rights exist at the time of the transfer of rights, duties, and
22obligations to the authority, whether the member is actively
23employed, deferred, or retired, shall continue as if there had been
24no change in the status of the employer. The transfer of rights,
25duties, and responsibilities shall not be deemed the creation of a
26new replacement benefit program, and the continuation of
27employees’ rights pursuant to the operation of this section shall
28not be deemed the offering of a new plan to any employee, for
29purposes of Section 7522.43 and subdivision (c) of Section 31899
30of the Government Code.

31

130827.  

The authority shall have the power to contract to
32provide the services of its employees to San Bernardino Associated
33Governments upon lawful terms and conditions agreed to by the
34authority and San Bernardino Associated Governments.

35

SEC. 8.  

Section 180260 of the Public Utilities Code is amended
36to read:

37

180260.  

(a) All accrued interest and premiums received on
38the sale of the bonds shall be placed in the fund to be used for the
39payment of the principal of, and interest on, the bonds, and the
40remainder of the proceeds of the bonds shall be placed in the
P10   1treasury of the authority and applied to secure the bonds or for the
2purposes for which the debt was incurred. However, when the
3purposes have been accomplished, any money remaining shall be
4eitherbegin delete (a)end deletebegin insert (1)end insert transferred to the fund to be used for the payment of
5principal of, and interest on, the bonds orbegin delete (b)end deletebegin insert (2)end insert placed in a fund
6to be used for the purchase of the outstanding bonds in the open
7market at prices and in the manner, either at public or private sale
8or otherwise, as determined by the authority. Bonds so purchased
9shall be canceled immediately.

10(b) Notwithstanding subdivision (a), all proceeds of the San
11Bernardino County Transportation Authority’s bonds shall be
12applied to secure the bonds or for the purposes for which the debt
13was incurred. However, when the purposes have been
14accomplished, any moneys remaining shall be either transferred
15to the fund used for the payment of principal of, and interest on,
16the bonds, or placed in a fund to be used for the purchase of the
17outstanding bonds in the open market at prices and in the manner,
18either at public or private sale or otherwise, as determined by the
19San Bernardino County Transportation Authority. Bonds so
20purchased shall be canceled immediately.

21

SEC. 9.  

Division 20 (commencing with Section 190000) of
22the Public Utilities Code is repealed.

23

SEC. 10.  

Section 149.11 of the Streets and Highways Code is
24amended to read:

25

149.11.  

(a) (1) Notwithstanding Sections 149 and 30800 of
26this code, and Section 21655.5 of the Vehicle Code, the San
27Bernardino County Transportation Authority, created pursuant to
28Section 130806 of the Public Utilities Code, may conduct,
29administer, and operate a value-pricing program in the Interstate
3010 and Interstate 15 corridors in the County of San Bernardino.
31The value-pricing program may include high-occupancy toll lanes
32or other toll facilities. The San Bernardino County Transportation
33Authority may also extend the program to include the approaching
34and departing connectors on Interstate 10 extending into the County
35of Los Angeles, as designated by an agreement with the Los
36Angeles County Metropolitan Transportation Authority, and the
37connection to the Interstate 15 express lanes project in the County
38of Riverside, as designated by an agreement with the Riverside
39County Transportation Commission. The San Bernardino County
40Transportation Authority may exercise its existing powers of
P11   1eminent domain pursuant to Section 130220.5 of the Public Utilities
2Code to acquire property necessary to carry out the purposes of
3the value-pricing program.

4(2) The value-pricing program authorized pursuant to paragraph
5(1) may only be implemented upon a determination that the
6program and the resulting facilities will improve the performance
7of the affected corridors. Improved performance may be
8demonstrated by factors that include, but are not limited to,
9increased passenger throughput or improved travel times. The San
10Bernardino County Transportation Authority shall make the
11determination required by this paragraph in a public meeting prior
12to operation of the value-pricing program.

13(3) The San Bernardino County Transportation Authority shall
14have the authority to set, levy, and collect tolls, user fees, or other
15similar charges payable for the use of the toll facilities in the
16County of Sanbegin delete Bernardino,end deletebegin insert Bernardinoend insert and any other incidental
17or related fees or charges, and to collect those revenues, in a
18manner determined by the San Bernardino County Transportation
19Authority, in amounts as required for the following expenditures
20relative to the program and for the purposes of paragraph (4):

21(A) Development, including the costs of design, construction,
22right-of-way acquisition, and utilities adjustment.

23(B) Operations and maintenance, including, but not limited to,
24insurance, collection, and enforcement of tolls, fees, and charges.

25(C) Repair, rehabilitation, and reconstruction.

26(D) Indebtedness incurred and internal loans and advances,
27including related financial costs.

28(E) Administration, which shall not exceed 3 percent of the
29revenues of toll facilities and associated transportation facilities.

30(F) Reserves for the purposes described in subparagraphs (A)
31to (E), inclusive.

32(4) All revenue generated pursuant to paragraph (3) in excess
33of the expenditure needs of that paragraph shall be used exclusively
34for the benefit of the transportation corridors included in the
35value-pricing program created pursuant to this section. These
36excess revenue expenditures shall be described in an excess revenue
37expenditure plan developed in consultation with the department
38and adopted and periodically updated by the board of directors of
39the San Bernardino County Transportation Authority and may
P12   1include, but need not be limited to, the following eligible
2expenditures:

3(A) Expenditures to enhance transit service designed to reduce
4traffic congestion within the transportation corridors included in
5the value-pricing program created pursuant to this section. Eligible
6expenditures include, but are not limited to, transit operating
7assistance, the acquisition of transit vehicles, and transit capital
8improvements otherwise eligible to be funded under the state
9transportation improvement program pursuant to Section 164.

10(B) Expenditures to make operational or capacity improvements
11designed to reduce traffic congestion or improve the flow of traffic
12in the transportation corridors included in the value-pricing
13program created pursuant to this section. Eligible expenditures
14include, but are not limited to, any phase of project delivery to
15make capital improvements to on ramps, off ramps, connector
16roads, roadways, bridges, or other structures that are necessary for
17or related to the tolled or nontolled transportation facilities in the
18transportation corridors included in the value-pricing program
19created pursuant to this section.

20(5) To the extent the San Bernardino County Transportation
21Authority plans to extend the value-pricing program into the
22Counties of Los Angeles or Riverside, it shall enter into an
23agreement with the Los Angeles County Metropolitan
24Transportation Authority or the Riverside County Transportation
25Commission, as applicable, subject to approval of the board of
26directors of the San Bernardino County Transportation Authority
27and the board of directors of the affected entity. If the value-pricing
28program developed and operated by the San Bernardino County
29Transportation Authority connects to, or is near, similar toll
30facilities constructed and operated by the Los Angeles County
31Metropolitan Transportation Authority or the Riverside County
32Transportation Commission, the respective entities shall enter into
33an agreement providing for the coordination of the toll facilities
34operated by each entity.

35(b) (1) The San Bernardino County Transportation Authority
36shall carry out the program in cooperation with the Department of
37the California Highway Patrol pursuant to an agreement that
38addresses all matters related to enforcement on state highway
39system facilities in connection with the value-pricing program,
40and with the department pursuant to an agreement that addresses
P13   1all matters related to the design, construction, maintenance, and
2operation of state highway system facilities in connection with the
3 value-pricing program, including, but not limited to, financing,
4repair, rehabilitation, and reconstruction.

5(2) The San Bernardino County Transportation Authority shall
6be responsible for reimbursing the department and the Department
7of the California Highway Patrol for costs related to the toll facility
8pursuant to an agreement between the San Bernardino County
9Transportation Authority and the department and between the San
10Bernardino County Transportation Authority and the Department
11of the California Highway Patrol.

12(c) Single-occupant vehicles that are certified or authorized by
13the San Bernardino County Transportation Authority for entry
14into, and use of, the high-occupancy toll lanes implemented
15pursuant to this section are exempt from Section 21655.5 of the
16Vehicle Code, and the driver shall not be in violation of the Vehicle
17Code because of that entry and use.

18(d) (1) The San Bernardino County Transportation Authority
19may issue bonds at any time to finance any costs necessary to
20implement the program established pursuant to this section and
21any expenditures provided for in paragraphs (3) and (4) of
22subdivision (a), payable from the revenues generated from the
23program and any other sources of revenues available to the San
24Bernardino County Transportation Authority that may be used for
25these purposes, including, but not limited to, sales tax revenue,
26development impact fees, or state and federal grants.

27(2) The maximum bonded indebtedness that may be outstanding
28at any one time shall not exceed an amount that may be serviced
29from the projected revenues available as described in paragraph
30(1).

31(3) The bonds shall bear interest at a rate or rates not exceeding
32the maximum allowable by law, payable at intervals determined
33by the San Bernardino County Transportation Authority.

34(4) Any bond issued pursuant to this subdivision shall contain
35on its face a statement to the following effect:

36“Neither the full faith and credit nor the taxing power of the
37State of California is pledged to the payment of principal of, or
38interest on, this bond.”

39(5) Bonds shall be issued pursuant to a resolution of the
40governing board of the San Bernardino County Transportation
P14   1Authority adopted by a majority vote of its governing board. The
2resolution or bond authorizing instrument shall state all of the
3following:

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

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

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

7(D) The maximum term of the bonds and the maximum interest
8rate.

9(E) The denomination or denominations of the bonds, which
10shall not be less than five thousand dollars ($5,000).

11(F) The form of the bonds.

12(e) Not later than three years after either the San Bernardino
13County Transportation Commission or the San Bernardino County
14Transportation Authority first collects revenues from the program
15authorized by this section, the San Bernardino County
16Transportation Authority shall submit a report to the Legislative
17Analyst on its findings, conclusions, and recommendations
18 concerning the program. The report shall include an analysis of
19the effect of the transportation facilities on the adjacent mixed-flow
20lanes and any comments submitted by the department and the
21Department of the California Highway Patrol regarding operation
22of the transportation facilities.

23(f) This section shall not prevent the department or any local
24agency from constructing improvements in the transportation
25corridors that compete with the program, and the San Bernardino
26County Transportation Authority shall not be entitled to
27compensation for the adverse effects on toll revenue due to those
28competing improvements.

29(g) If any provision of this section or the application thereof is
30held invalid, that invalidity shall not affect other provisions or
31applications of this section that can be given effect without the
32invalid provision or application, and to this extent the provisions
33 are severable.

34(h) Nothing in this section shall authorize the conversion of any
35existing nontoll or nonuser-fee lanes into tolled or user-fee lanes,
36except that a high-occupancy vehicle lane may be converted into
37a high-occupancy toll lane.

38

SEC. 11.  

The provisions of this act are severable. If any
39provision of this act or its application is held invalid, that invalidity
P15   1shall not affect other provisions or applications that can be given
2effect without the invalid provision or application.

3

SEC. 12.  

If the Commission on State Mandates determines
4that this act contains costs mandated by the state, reimbursement
5to local agencies and school districts for those costs shall be made
6pursuant to Part 7 (commencing with Section 17500) of Division
74 of Title 2 of the Government Code.



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