BILL ANALYSIS
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THIRD READING
Bill No: SB 1245
Author: Simitian (D)
Amended: 4/22/10
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 8-0, 4/20/10
AYES: Lowenthal, Huff, Ashburn, DeSaulnier, Kehoe,
Oropeza, Pavley, Simitian
NO VOTE RECORDED: Harman
SUBJECT : High-occupancy vehicles: tolls
SOURCE : Author
DIGEST : This bill prohibits charging a toll on a vehicle
that meets the applicable occupancy level for a
high-occupancy vehicle (HOV) for use of an HOV lane, not
including toll bridges. In addition, this bill requires
the Department of Transportation, prior to implementing an
increase in the vehicle occupancy level for HOV lanes under
its jurisdiction, to determine that the change will
maximize person throughput with respect to the affected
highway.
ANALYSIS : Existing law permits the Department of
Transportation (Caltrans) and local agencies to permit
exclusive or preferential use of highway lanes for
high-occupancy vehicle lanes. Prior to establishing these
lanes, existing law requires that engineering estimates be
prepared to assess the effect of the lanes on safety,
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congestion, and highway capacity.
Existing law also provides authority to develop a specified
number of high-occupancy toll (HOT) lanes, which are HOV
lanes that allow single-occupant vehicles to access the
lane for a fee. In total, 13 HOT lane projects are
currently authorized in statute for projects that are or
will be located in Alameda, Orange, Los Angeles, Riverside,
San Diego, and Santa Clara counties.
Existing law establishes the Metropolitan Transportation
Commission (MTC) as a local area planning agency to provide
comprehensive regional transportation planning for the
nine-county Bay Area region. Existing law establishes the
Bay Area Toll Authority (BATA) as a public instrumentality
governed by the same board as that governing MTC, although
BATA is a separate legal entity from MTC. BATA is
responsible for the programming, administration, and
allocation of all toll revenues, except revenues from the
seismic retrofit surcharge, from the seven state-owned toll
bridges within the geographic jurisdiction of MTC.
This bill:
1. Prohibits charging a toll on a vehicle that meets the
applicable occupancy level for an HOV for use of an HOV
lane, not including toll bridges.
2. Requires Caltrans, prior to implementing an increase in
the vehicle occupancy level for HOV lanes under its
jurisdiction, to determine that the change will maximize
person throughput with respect to the affected highway.
3. Requires Caltrans, 30 days prior to the effective date
of the change, to report to the relevant policy and
fiscal committees of the Legislature the basis for
making the change.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
ARGUMENTS IN SUPPORT : According to the author's office,
the intent of the bill is to ensure that vehicles that meet
the occupancy threshold to access an HOV lane will be able
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to continue to use those lanes for free. The author's
office asserts that there may be pressure to increase the
occupancy standards for HOV lanes because of plans to
convert existing lanes to or construct new HOT lanes.
Under current law, nothing regulates occupancy standards
once an HOV lane has been established. The author's office
is concerned that an increase in occupancy standards would
constitute a de facto toll on an HOV in a HOT lane.
JJA:mw 4/23/10 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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