Amended in Senate June 5, 2014

Amended in Assembly March 27, 2014

Amended in Assembly March 19, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2090

Introduced by Assembly Member Fong

(Coauthor: Assembly Member Gordon)

February 20, 2014

An act to amend begin delete Section end delete begin insert Sections 149.1, 149.4, and end insert 149.6 of the Streets and Highways Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

AB 2090, as amended, Fong. High-occupancy toll lanes: begin insert San Diego County and end insert Santa Clara County.

Existing begin insert law authorizes the San Diego Association of Governments (SANDAG) to administer and operate high-occupancy toll (HOT) lanes on Interstate 15 and on 2 other transportation corridors within the county, under which single-occupancy vehicles may use high-occupancy vehicle lanes by paying a toll. Existing end insert law begin insert similarly end insert authorizes the Santa Clara Valley Transportation Authority (VTA) to begin delete conduct, end delete administer begin delete , end delete and operate begin delete high-occupancy toll (HOT) end delete begin insert HOT end insert lanes begin delete , under which single-occupancy vehicles may use high-occupancy vehicle lanes by paying a toll, end delete on 2 state highway corridors within the county. Existing law requires that implementation of the HOT lanes ensure that specified levels of service, described as Level of Service C or D, as specified, be maintained at all times in the high-occupancy lanes and that unrestricted access to the lanes by high-occupancy vehicles be available at all times.

This bill would delete the reference to Level of Service C or D, and instead would require begin insert SANDAG and end insert VTA to establish, with the consent of the Department of Transportation, appropriate performance measures, such as speed or travel times, for the purpose of ensuring optimal use of the HOT lanes by high-occupancy vehicles without adversely affecting other traffic on the state highway system. The bill would provide that high-occupancy vehicles begin insert using these HOT lanes end insert may be required to have an electronic transponder or other electronic device for enforcement purposes.

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 149.1 of the end insert begin insert Streets and Highways Code end insert
begin insert is amended to read: end insert

149.1.  

(a) Notwithstanding Sections 149 and 30800 of this
code, and Section 21655.5 of the Vehicle Code, the San Diego
Association of Governments (SANDAG) may conduct, administer,
and operate a value pricing and transit development program on
the Interstate Highway Route 15 (I-15) high-occupancy vehicle
expressway. The program begin insert to implement high-occupancy toll (HOT)
lanes end insert , under the circumstances described in subdivision (b), may
direct and authorize the entry and use of the I-15 high-occupancy
vehicle lanes by single-occupant vehicles during peak periods, as
defined by SANDAG, for a fee. The amount of the fee shall be
established from time to time by SANDAG, and collected in a
manner determined by SANDAG.

begin delete

(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 SANDAG 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 SANDAG shall evaluate the
impacts of these levels of service of 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
SANDAG

end delete

begin insert (b) end insert begin insert   end insert begin insert With the consent of the department, SANDAG shall establish
appropriate performance measures, such as speed or travel times,
for the purpose of ensuring optimal use of the HOT lanes by
high-occupancy vehicles without adversely affecting other traffic
on the state highway system end insert . Unrestricted access to the lanes by
high-occupancy vehicles shall be available at all times begin insert , except that
those high-occupancy vehicles may be required to have an
electronic transponder or other electronic device for enforcement
purposes end insert . At least annually, the department shall audit the begin delete level
of service end delete begin insert performance end insert during peak traffic hours and report the
results of that audit at meetings of the program management team.

(c) Single-occupant vehicles that are certified or authorized by
SANDAG for entry into, and use of, the I-15 high-occupancy
vehicle lanes 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) SANDAG shall carry out the program in cooperation with
the department, and shall consult the department in the operation
of the project and on matters related to highway design and
construction. begin delete With the assistance of the department, SANDAG
shall establish appropriate traffic flow guidelines for the purpose
of ensuring optimal use of the express lanes by high-occupancy
vehicles. end delete

(e) (1) Agreements between SANDAG, 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 this program and 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. The
agreements shall provide for reimbursement of state agencies, from
revenues generated by the program, federal funds specifically
allocated to SANDAG for the program by the federal government,
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.
Reimbursement for SANDAG’s program-related planning and
administrative costs in the operation of the program shall not
exceed 3 percent of the revenues.

(2) All remaining revenue shall be used in the I-15 corridor
exclusively for (A) the improvement of transit service, including,
but not limited to, support for transit operations, and (B)
high-occupancy vehicle facilities and shall not be used for any
other purpose.

(f) SANDAG, the San Diego Metropolitan Transit Development
Board, and the department shall cooperatively develop a single
transit capital improvement plan for the I-15 corridor.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 149.4 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

149.4.  

(a) (1) Notwithstanding Sections 149 and 30800 of
this code, and Section 21655.5 of the Vehicle Code, the San Diego
Association of Governments (SANDAG) may conduct, administer,
and operate a value pricing and transit development demonstration
program on a maximum of two transportation corridors in San
Diego County.

(2) The program, under the circumstances described in
subdivision (b), may direct and authorize the entry and use of
high-occupancy vehicle lanes in corridors identified in paragraph
(1) by single-occupant vehicles during peak periods, as defined
by SANDAG, for a fee. The amount of the fee shall be established
from time to time by SANDAG, and collected in a manner
determined by SANDAG. 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.

begin delete

(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 SANDAG 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 SANDAG shall evaluate the
impacts of these levels of service of 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
SANDAG

end delete

begin insert (b) end insert begin insert   end insert begin insert With the consent of the department, SANDAG shall establish
appropriate performance measures, such as speed or travel times,
for the purpose of ensuring optimal use of the HOT lanes by
high-occupancy vehicles without adversely affecting other traffic
on the state highway system end insert . Unrestricted access to the lanes by
high-occupancy vehicles shall be available at all times begin insert , except that
those high-occupancy vehicles may be required to have an
electronic transponder or other electronic device for enforcement
purposes end insert . At least annually, the department shall audit the begin delete level
of service end delete begin insert performance end insert during peak traffic hours and report the
results of that audit at meetings of the program management team.

(c) Single-occupant vehicles that are certified or authorized by
SANDAG 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) SANDAG shall carry out the program in cooperation with
the department pursuant to begin delete a cooperative end delete begin insert an end insert agreement that
addresses all matters related to design, construction, maintenance,
and operation of state highway system facilities in connection with
the value pricing and transit development demonstration program.
begin delete With the assistance of the department, SANDAG shall establish
appropriate traffic flow guidelines for the purpose of ensuring
optimal use of the express lanes by high-occupancy vehicles
without adversely affecting other traffic on the state highway
system. end delete

(e) (1) Agreements between SANDAG, 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 this program and 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. The
agreements shall provide for reimbursement of state agencies, from
revenues generated by the program, federal funds specifically
allocated to SANDAG for the program by the federal government,
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 SANDAG for the direct expenses related to the operation
(including collection and enforcement), maintenance, and
administration of the demonstration program. Administrative
expenses shall not exceed 3 percent of the revenues.

(3) All remaining revenue generated by the demonstration
program shall be used in the corridor from which the revenue was
generated exclusively for preconstruction, construction, and other
related costs of high-occupancy vehicle facilities and the
improvement of transit service, including, but not limited to,
support for transit operations pursuant to an expenditure plan
adopted by SANDAG.

(f) (1) SANDAG may issue bonds at any time to finance any
costs necessary to implement the value pricing program established
pursuant to subdivision (a) and any expenditures as may be
provided for in the expenditure plan adopted pursuant to paragraph
(3) of subdivision (e), payable from the revenues generated from
the program.

(2) The maximum bonded indebtedness that may be outstanding
at any one time shall not exceed an amount that may be serviced
from the estimated revenues generated from the program.

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

(4) 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,
as the interest of this bond.”

(5) Bonds shall be issued pursuant to a resolution of SANDAG
adopted by a two-thirds vote of its governing board. 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 of the bonds and the interest rate.

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

(F) The form of the bonds.

(g) Not later than three years after SANDAG first collects
revenues from any of the projects described in paragraph (1) of
subdivision (a), SANDAG 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.

begin delete SECTION 1. end delete
begin insert SEC. 3. end insert   

Section 149.6 of the Streets and Highways Code is
amended to read:

149.6.  

(a) Notwithstanding Sections 149 and 30800, and
Section 21655.5 of the Vehicle Code, the Santa Clara Valley
Transportation Authority (VTA) created by Part 12 (commencing
with Section 100000) of Division 10 of the Public Utilities Code
may conduct, administer, and operate a value pricing program on
any two of the transportation corridors included in the
high-occupancy vehicle lane system in Santa Clara County in
coordination with the Metropolitan Transportation Commission
and consistent with Section 21655.6 of the Vehicle Code. A
high-occupancy toll (HOT) lane established on State Highway
Route 101 pursuant to this section may extend into San Mateo
County as far as the high-occupancy vehicle lane in that county
existed as of January 1, 2011, subject to agreement of the
City/County Association of Governments of San Mateo County.

(1) VTA, under the circumstances described in subdivision (b),
may direct and authorize the entry and use of those high-occupancy
vehicle lanes by single-occupant vehicles for a fee. The fee
structure shall be established from time to time by the authority.
A high-occupancy vehicle lane may only be operated as a HOT
lane during the hours that the lane is otherwise restricted to use by
high-occupancy vehicles.

(2) VTA shall enter into a cooperative agreement with the Bay
Area Toll Authority to operate and manage the electronic toll
collection system.

(b) With the consent of the department, VTA shall establish
appropriate performance measures, such as speed or travel times,
for the purpose of ensuring optimal use of the HOT lanes by
high-occupancy vehicles without adversely affecting other traffic
on the state highway system. Unrestricted access to the lanes by
high-occupancy vehicles shall be available at all times, except that
begin insert those end insert high-occupancy vehicles may be required to have an
electronic transponder or other electronic device for enforcement
purposes. At least annually, the department shall audit the
performance during peak traffic hours and report the results of that
audit at meetings of the program management team.

(c) Single-occupant vehicles that are certified or authorized by
the authority for entry into, and use of, the high-occupancy vehicle
lanes in Santa Clara County, and, if applicable, San Mateo County
as provided in 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) VTA shall carry out the program in cooperation with the
department pursuant to an agreement that addresses all matters
related to design, construction, maintenance, and operation of state
highway system facilities in connection with the value pricing
program.

(e) (1) Agreements between VTA, 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 this program. 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, federal funds specifically
allocated to the authority for the program by the federal
government, 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 revenues generated by the program shall be available
to VTA for the direct expenses related to the operation (including
collection and enforcement), maintenance, construction, and
administration of the program. The VTA’s administrative costs in
the operation of the program shall not exceed 3 percent of the
revenues.

(3) All remaining revenue generated by the program shall be
used in the corridor from which the revenues were generated
exclusively for the preconstruction, construction, and other related
costs of high-occupancy vehicle facilities and the improvement of
transit service, including, but not limited to, support for transit
operations pursuant to an expenditure plan adopted by the VTA.
To the extent a corridor extends into San Mateo County pursuant
to subdivision (a), VTA and the City/County Association of
Governments of San Mateo County shall, by agreement, determine
how remaining revenue shall be shared for expenditure in Santa
Clara County and San Mateo County consistent with this paragraph.

(f) (1) The VTA may issue bonds, refunding bonds, or bond
anticipation notes, at any time to finance construction and
construction-related expenditures necessary to implement the value
pricing program established pursuant to subdivision (a) and
construction and construction-related expenditures that are provided
for in the expenditure plan adopted pursuant to paragraph (3) of
subdivision (e), payable from the revenues generated from the
program.

(2) The maximum bonded indebtedness that may be outstanding
at any one time shall not exceed an amount that may be serviced
from the estimated revenues generated from the program.

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

(4) 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.”

(5) Bonds shall be issued pursuant to a resolution of VTA
adopted by a two-thirds vote of its governing board. 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 of the bonds and the interest rate.

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

(F) 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 applicable, and the time when all of, or any part of, the principal
becomes due and payable.

(G) Any other matters authorized by law.

(6) 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.

(g) Not later than three years after VTA first collects revenues
from any of the projects described in paragraph (1) of subdivision
(a), VTA 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 adjacent mixed-flow
lanes and any comments submitted by the department and the
Department of the California Highway Patrol regarding operation
of the lanes.