BILL NUMBER: AB 2620	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 6, 2010
	AMENDED IN ASSEMBLY  APRIL 26, 2010
	AMENDED IN ASSEMBLY  APRIL 8, 2010

INTRODUCED BY   Assembly Member Eng

                        FEBRUARY 19, 2010

   An act to add Section 149.05 to the Streets and Highways Code,
relating to transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2620, as amended, Eng. Transportation: toll facilities.
   Existing law provides that the Department of Transportation shall
have full possession and control of the state highway system and
associated property. Existing law provides for the development of
high-occupancy toll lanes on the state highway system by regional
transportation agencies under specified circumstances and specifies
the use of toll revenues generated from these facilities.
   This bill would require an unspecified percentage of net toll
revenues generated by certain toll facilities on the state highway
system developed on and after January 1, 2011, to be dedicated to
maintenance, preservation, and rehabilitation of the state highway
system, including funding of projects in the state highway operation
and protection program. The bill would  also  make
legislative findings and declarations in that regard.  The bill
would require revenues dedicated to the state highway operation and
protection program to be used for projects in the transportation
corridor in which the revenues are generated and would also authorize
the department, in consultation with a regional transportation
authority, to apply to the California Transportation Commission to
direct those revenues to other projects within the county in which a
high-occupancy toll lane is located and the revenue is generated.

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


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) The level of funding available for maintenance, preservation,
and rehabilitation of the state highway system is straining the
ability to meet rehabilitation and preservation needs of the system.
   (b) Rehabilitation and reconstruction needs on the state highway
system are increasing as the infrastructure ages.
   (c) The continued increase in vehicle travel and goods movement
contributes to an increased rate of pavement and bridge
deterioration, new accident concentration locations, and increasing
hours of traffic congestion.
   (d) Continued underfunding of maintenance, preservation, and
rehabilitation needs delays projects and increases the cost when the
work is eventually undertaken.
   (e) Transportation agencies are increasingly interested in
developing tolled facilities on the state highway system, a
state-owned asset.
   (f) At least a portion of the proceeds from tolled facilities
should be directed to maintenance, preservation, and rehabilitation
of the state highway system, which serves as a backbone to those
facilities.
  SEC. 2.  Section 149.05 is added to the Streets and Highways Code,
to read:
   149.05.   (a)    Notwithstanding any other
provision of law, ____ percent of net toll revenues generated by a
toll facility on the state highway system shall be dedicated to
maintenance, preservation, and rehabilitation of the state highway
system, including funding of projects in the state highway operation
and protection program. This section shall apply to toll facilities
developed on and after January 1, 2011, that are the subject of a
cooperative agreement between the department and another public
agency entered into on and after that date, but shall not apply to
toll facilities developed pursuant to Sections 149.1, 149.3, 149.4,
149.5, 149.6, 149.8, or 149.9. The cooperative agreement between the
department and the other public agency shall provide for the payment
of these revenues to the department for deposit in the State Highway
Account. Those revenues shall be subject to appropriation by the
Legislature for purposes consistent with this section. 
   (b) Toll revenues described in subdivision (a) that are dedicated
to the state highway operation and protection program shall be used
for projects in the corridor in which the revenues are generated. The
department, in consultation with the regional transportation
authority, may also apply to the commission to direct these revenues
to other projects within the county in which the high-occupancy toll
lane is located and in which the revenues are generated.