Amended in Assembly April 8, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1811

Introduced by Assembly Member Buchanan

February 18, 2014

An act to amend Section 149.5 of the Streets and Highways Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

AB 1811, as amended, Buchanan. High-occupancy vehicle lanes.

Existing law authorizes the Sunol Smart Carpool Lane Joint Powers Authority and the Alameda County Congestion Management Agency to conduct, administer, and operate a value pricing high-occupancy vehicle program, on specified highway corridors, that may authorize the entry and use of high-occupancy vehicle lanes by single-occupant vehicles for a fee. Existing law requires that the implementation of the program ensure that specified levels of service be maintained at all times in the high-occupancy vehicle lanes and that unrestricted access to the lanes by high-occupancy vehicles be available at all times.

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This bill would instead require that access to the lanes by high-occupancy vehicles be available at all times.

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This bill would authorize the program to require a high-occupancy vehicle to have an electronic transponder or other electronic device for law enforcement purposes.

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

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

SECTION 1.  

Section 149.5 of the Streets and Highways Code
is amended to read:

149.5.  

(a) (1) Notwithstanding Sections 149 and 30800 of
this code, and Section 21655.5 of the Vehicle Code, the Sunol
Smart Carpool Lane Joint Powers Authority (SSCLJPA), consisting
of the Alameda County Transportation Commission and the Santa
Clara Valley Transportation Authority, may conduct, administer,
and operate a value pricing high-occupancy vehicle program on
the Sunol Grade segment of State Highway Route 680 (Interstate
680) in Alameda and Santa Clara Counties and the Alameda
County Transportation Commission may conduct, administer, and
operate a program on a corridor within Alameda County for a
maximum of two transportation corridors in Alameda County
pursuant to this section in coordination with the Metropolitan
Transportation Commission and consistent with Section 21655.6
of the Vehicle Code.

(2) The program, under the circumstances described in
subdivision (b), may direct and authorize the entry and use of the
high-occupancy vehicle lanes in the corridors identified in
paragraph (1) by single-occupant vehicles for a fee. The fee
structure for each corridor shall be established from time to time
by the administering agency. A high-occupancy vehicle lane may
only be operated as a high-occupancy toll (HOT) lane during the
hours that the lane is otherwise restricted to use by high-occupancy
vehicles.

(3) The administering agency for each corridor shall enter into
a cooperative agreement with the Bay Area Toll Authority to
operate and manage the electronic toll collection system.

(b) Implementation of the program shall ensure that Level of
Service C, as measured by the most recent issue of the Highway
Capacity Manual, as adopted by the Transportation Research
Board, is maintained at all times in the high-occupancy vehicle
lanes, except that, subject to a written agreement between the
department and the administering agency that is based on operating
conditions of the high-occupancy vehicle lanes, Level of Service
D shall be permitted on the high-occupancy vehicle lanes. If Level
of Service D is permitted, the department and the administering
agency shall evaluate the impacts of these levels of service on the
high-occupancy vehicle lanes, and indicate any effects on the
mixed-flow lanes. Continuance of Level of Service D operating
conditions shall be subject to the written agreement between the
department and the administering agency. begin delete Access end delete begin insert Unrestricted
access end insert to the lanes by high-occupancy vehicles shall be available
at all times begin insert , except that the program may require a high-occupancy
vehicle to have an electronic transponder or other electronic device
for law enforcement purposes end insert . At least annually, the department
shall audit the level of service during peak traffic hours and report
the results of that audit at meetings of the administering agency.

(c) Single-occupant vehicles that are certified or authorized by
the administering agency for entry into, and use of, the
high-occupancy vehicle lanes identified in paragraph (1) of
subdivision (a) are exempt from Section 21655.5 of the Vehicle
Code, and the driver shall not be in violation of the Vehicle Code
because of that entry and use.

(d) The administering agency shall carry out the program in
cooperation with the department pursuant to a cooperative
agreement that addresses all matters related to design, construction,
maintenance, and operation of state highway system facilities in
connection with the value pricing high-occupancy vehicle program.
With the assistance of the department, the administering agency
shall establish appropriate traffic flow guidelines for the purpose
of ensuring optimal use of the high-occupancy toll lanes by
high-occupancy vehicles without adversely affecting other traffic
on the state highway system.

(e) (1) Agreements between the administering agency, the
department, and the Department of the California Highway Patrol
shall identify the respective obligations and liabilities of those
entities and assign them responsibilities relating to the program.
The agreements entered into pursuant to this section shall be
consistent with agreements between the department and the United
States Department of Transportation relating to programs of this
nature. The agreements shall include clear and concise procedures
for enforcement by the Department of the California Highway
Patrol of laws prohibiting the unauthorized use of the
high-occupancy vehicle lanes, which may include the use of video
enforcement. The agreements shall provide for reimbursement of
state agencies, from revenues generated by the program, or other
funding sources that are not otherwise available to state agencies
for transportation-related projects, for costs incurred in connection
with the implementation or operation of the program.

(2) The revenue generated from the program shall be available
to the administering agency for the direct expenses related to the
operation (including collection and enforcement), maintenance,
construction, and administration of the program. Administrative
expenses shall not exceed 3 percent of the revenues.

(3) All net revenue generated by the program that remains after
payment of direct expenses pursuant to paragraph (2) shall be
allocated pursuant to an expenditure plan adopted biennially by
the administering agency for transportation purposes within the
program area. The expenditure plan may include funding for the
following:

(A) The construction of high-occupancy vehicle facilities,
including the design, preconstruction, construction, and other
related costs of the northbound Interstate 680 Sunol Smart Carpool
Lane project.

(B) Transit capital and operations that directly serve the
authorized corridors.

(f) (1) The administering agency may issue bonds, refunding
bonds, or bond anticipation notes, at any time to finance
construction and construction-related expenditures of programs
adopted pursuant to subdivision (a) and construction and
construction-related expenditures that are included in the
expenditure plan adopted pursuant to paragraph (3) of subdivision
(e), payable solely from the revenues generated from the respective
programs.

(2) The maximum bonded indebtedness that may be outstanding
at any one time shall be an amount equal to the sum of the principal
of, and interest on, the bonds, but not to exceed the estimated
revenues generated from the respective programs.

(3) Bonds shall be issued pursuant to a resolution adopted by a
two-thirds vote of the governing board of the administering agency.
The resolution shall state all of the following:

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

(B) The estimated cost of accomplishing those purposes.

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

(D) The maximum term the bonds proposed to be issued shall
run before maturity.

(E) The maximum rate of interest to be paid, which shall not
exceed the maximum allowable by law.

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

(G) The form of the bonds, including, without limitation,
registered bonds and coupon bonds, to the extent permitted by
federal law, the registration, conversion, and exchange privileges,
if any pertaining thereto, and the time when all of, or any part of,
the principal becomes due and payable.

(H) Any other matters authorized by law.

(4) The bonds shall bear interest at a rate or rates not exceeding
the maximum allowable by law, payable at intervals determined
by the administering agency.

(5) The full amount of bonds may be divided into two or more
series and different dates of payment fixed for the bonds of each
series. A bond shall not be required to mature on its anniversary
date.

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

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

(g) Not later than three years after the administering agency
first collects revenues from the program authorized by this section,
the administering agency shall submit a report to the Legislature
on its findings, conclusions, and recommendations concerning the
demonstration program authorized by this section. The report shall
include an analysis of the effect of the HOT lanes on the adjacent
mixed-flow lanes and any comments submitted by the department
and the Department of the California Highway Patrol regarding
operation of the lane.