BILL NUMBER: AB 2620 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 28, 2010
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
up to 15 percent of net toll revenues , as
specified, 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 (SHOPP) . The bill would make
legislative findings and declarations in that regard. The bill would
require those revenues dedicated to the state
highway operation and protection program to be used for
SHOPP projects in the transportation corridor in which the
revenues are generated and , but would
also authorize the department , in consultation with a
regional transportation authority, to apply jointly
with the public agency implementing the toll facility to the
California Transportation Commission to direct those revenues to
other projects on the state highway system within the
county in which a high-occupancy the
toll lane facility is located and the
revenue is generated , including non-SHOPP projects. This bill
would not apply to toll facilities authorized in statute
on or before January 1, 2010 .
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,
____ up to 15 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 and as otherwise provided in subdivision (c)
. 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. For the purposes of
this section, net toll revenue shall include total revenues generated
by the facility after subtracting direct expenses related to the
operation of the facility, including collection and enforcement,
maintenance, and adm inistration. Administrative costs
shall not exceed 3 percent of total revenues. This section shall not
apply to toll facilities authorized in statute on or before January
1, 2010.
(b) Toll facilities subject to this
section shall be developed in accordance with a cooperative agreement
between the department and the public agency that is developing the
toll facility. The cooperative agreement shall determine the
appropriate percentage of net toll revenues to be dedicated to
projects in the state highway operation and protection program
pursuant to subdivision (a). Factors to be considered in determining
the appropriate percentage shall include debt service and facility
administration, operation, and maintenance costs. The
cooperative agreement between the department and the other public
agency shall provide for the payment of these
those 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 and
shall not be subject to borrowing or diversion for any other purpose
.
(b)
(c) 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, and the affected
public agency jointly may also apply to the commission to
direct these those revenues to other
projects on the state highway system within the county in
which the high-occupancy toll lane toll
facility is located and in which the revenues are generated
, including projects in capital programs other than the state
highway operation and protection program .
____ CORRECTIONS Text--Page
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