BILL ANALYSIS
AB 1381
Page 1
Date of Hearing: April 13, 2009
ASSEMBLY COMMITTEE ON TRANSPORTATION
Mike Eng, Chair
AB 1381 (John Perez) - As Introduced: February 27, 2009
SUBJECT : High-occupancy toll lanes: Los Angeles County
Metropolitan Transportation Authority
SUMMARY : Makes technical corrections to provisions granting
authority to the Los Angeles County Metropolitan Transportation
Authority (Metro) to operate a congestion-pricing demonstration
project (demonstration project). Specifically, this bill :
1)Authorizes the congestion-pricing demonstration program on
State Route (SR) 10, in addition to SR 110.
2)Directs, rather than allows, Metro to work with the Department
of the California Highway Patrol (CHP) to implement the
demonstration project.
3)Requires, rather than allows, development of performance
measures for operation of the high-occupancy toll (HOT) lanes
without adverse impacts on other traffic on the state highway
system.
4)Explicitly provides that provisions granting the authority for
the demonstration project do not prevent the California
Department of Transportation (Caltrans) or any local agency
from constructing other facilities in the SR 10 or SR 110
corridors that compete with the demonstration program.
5)Declares that Metro is not entitled to compensation for
adverse impacts on toll revenue in the advent a competing
facility in the SR 10 or SR 110 corridors is built.
EXISTING LAW: Authorizes Metro, until January 15, 2013, to
operate a value-pricing and transit development demonstration
program involving HOT lanes. Specifically, existing law:
1)Makes legislative findings and declarations regarding traffic
congestion and air pollution in the Los Angeles region; states
the Legislature's intent that Caltrans consider taking
measures to increase capacity on SR 10, such as re-striping
the existing highway to add an additional lane in each
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direction.
2)Also states legislative intent that Metro use a portion of
toll revenue collected on SR 10 to fund a bus maintenance
facility in El Monte.
3)Stipulates that these provisions are not to be construed to
require Caltrans to take any action contrary to federal law.
4)Provides, pursuant to existing authority and to a memorandum
of understanding (MOU) between Metro, the United States
Department of Transportation, and Caltrans, that Metro may
operate a value-pricing and transit development demonstration
program involving HOT lanes on SR 10 and SR 110 in Los Angeles
County, under the following conditions:
a) Metro and Caltrans must enter into a cooperative
agreement to address all matters related to design,
construction, maintenance, and operation of state highway
facilities in connection with the demonstration program;
b) Vehicles not meeting high-occupancy vehicles (HOV)
occupancy requirements may be authorized to use the HOT
lane facility under conditions set forth by Metro.
c) Metro is prohibited from changing the vehicle occupancy
requirement for access to HOV lanes in these two corridors
for the duration of the demonstration program.
d) Each proposed HOT lane shall have non-tolled alternative
lanes available for public use in the same corridor;
e) Metro must initiate a public outreach program to solicit
public input regarding the demonstration program;
f) Metro must work with impact communities to develop
mitigation measures;
g) Metro will set and/or adjust the toll rate but only
after a 30-day public review period;
h) Metro must provide some form of mitigation, such as
reduced tolls, to low-income commuters; and,
i) Toll paying commuters must have the option to purchase
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any necessary toll paying equipment and the ability to
prepay tolls and renew toll payments by cash or by using a
credit card.
5)Requires Metro and Caltrans to submit a report to the
Legislature by December 31, 2012, summarizing the
demonstration program and addressing specific elements of the
program.
6)Authorizes operation of the demonstration program until
January 15, 2013, and prohibits Metro from issuing bonds for
the demonstration program during this time.
7)Provides that revenue generated from the demonstration program
may be available to Metro for direct expenses related to
maintenance, administration, and operation of the lanes,
including toll collection, enforcement, and administration.
FISCAL EFFECT : Unknown
COMMENTS : The demonstration project, referred to as FastLanes,
is being made possible through a $210 million United States
Department of Transportation (USDOT) grant. The project is
intended to test innovated strategies to alleviate congestion,
maximize freeway capacity usage, and fund additional transit
alternatives on HOV lanes on SR 10 and SR 110. The project
involves the conversion of HOV lanes on these corridors to HOT
lanes. Additionally, the federal grant will provide for
expanded and upgraded transit improvements along these same two
corridors.
In a statement issued last year upon signing the a memorandum of
understanding approving the project, USDOT Secretary, Mary
Peters, issued a statement citing, "I am announcing that Los
Angeles has been selected to receive $210.6 million in federal
Congestion Reduction funds. This money will make commuting
faster, air cleaner, and transit better. These funds will
provide the financial leverage this region needs to begin
converting up to eighty-five miles of local HOV lanes into new,
more reliable high occupancy toll - or HOT - lanes." According
to Secretary Peters, the Los Angeles region had until October
15, 2008, to obtain the legislative authority needed to
participate in the program.
According to the author, this need for quick legislative
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sanctioning precluded the ability to make technical changes or
incorporate recommended amendments to enabling legislation. AB
1381 provides those changes.
Committee concern : This bill provides that Caltrans or local
agencies can construct facilities within the SR 10 and SR 110
corridors without fear of having to compensate Metro for any
adverse impacts that the improvement may have on toll revenue.
Given the number of freeways that course through Los Angeles
County, improvements on any one of a number of them could, in
theory, impact the toll facility on SR 10 and SR 110.
Improvements on these other corridors should also not result in
compensation to Metro for resultant impacts on toll revenue. As
a result, the committee is recommending the following amendment
that has been agreed to by the author and sponsor:
On page 4, line 24, strike "within the State Highway Route 10 or
110 corridors"
REGISTERED SUPPORT / OPPOSITION :
Support
Caltrans (sponsor)
Los Angeles County Metropolitan Transportation Authority (Metro)
(sponsor)
Professional Engineers in California Government (PECG)
Opposition
None on file
Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093