SB 983, as amended, Hernandez. High-occupancy toll lanes.
begin insertExisting law provides that the Department of Transportation has full possession and control of the state highway system. Existing law authorizes the department to construct exclusive or preferential lanes for buses only or for buses and other high-occupancy vehicles.
end insertExisting law authorizes a regional transportation agency, as defined, in cooperation with thebegin delete Department of Transportation,end deletebegin insert departmentend insert to apply to the California Transportation Commission to develop and operate high-occupancy toll
(HOT) lanes, including administration and operation of a value-pricing program and exclusive or preferential lane facilities for publicbegin delete transit.end deletebegin insert transit consistent with established standards, requirements, and limitations that apply to specified facilities.end insert Existing law limits the number of approved facilities to not more than 4, 2 in northern California and 2 in southern California, and provides that no applications may be approved on or after January 1, 2012.
This bill wouldbegin insert delete the requirement that the above-described facilities be consistent with the established standards, requirements, and limitations that apply to specified facilities and would instead require the commission to establish guidelines for the development and operation of the facilities subject to specified minimum requirements. The bill wouldend insert additionally authorize specified local transportation authorities and the Santa Clara Valley Transportation Authority to apply to the commission for purposes of the above-described provisions. The bill would remove the limitations on the number of approved facilities and would delete the January 1, 2012, deadline for HOT lane applications. The bill would provide that each application is subject to the review and approval of the commission and would require a regional transportation agency that applies to the commission to reimburse the commission for all of the commission’s cost and expense incurred in processing the application.
begin insertThis bill would additionally authorize the department to apply to the commission to develop and operate HOT lanes and associated facilities.
end insertVote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 149.2 is added to the end insertbegin insertStreets and
2Highways Codeend insertbegin insert, to read:end insert
(a) The department may apply to the commission to
4develop and operate high-occupancy toll lanes, including the
5administration and operation of a value pricing program and
6exclusive or preferential lane facilities for public transit.
7(b) Each application for the development and operation of the
8facilities described in subdivision (a) shall be subject to review
9and approval by the commission pursuant to eligibility criteria
10established by the commission. For each eligible application, the
11commission shall conduct at least one public hearing in northern
12California and one in southern California.
13(c) The department shall reimburse the commission for all of
14the commission’s costs and
expenses incurred in processing the
15application.
16(d) The commission shall establish guidelines for the
17development and operation of facilities described in subdivision
18(a) and approved by the commission pursuant to this section,
19subject to the following minimum requirements:
20(1) The department shall develop and operate the facilities in
21cooperation with regional transportation agencies, as applicable,
P3 1and with the active participation of the Department of the
2California Highway Patrol.
3(2) The department shall be responsible for establishing,
4collecting, and administering tolls.
5(3) The department shall be responsible for paying for the
6maintenance of the facilities from net toll revenue.
7(4) The revenue generated from the operation of the facilities
8shall be available to the department for the direct expenses related
9to the
maintenance, administration, and operation, including
10collection and enforcement, of the facilities.
11(5) All remaining revenue generated by the facilities shall be
12used in the corridor from which the revenue was generated
13pursuant to an expenditure plan developed by the department and
14approved by the commission.
15(6) This section shall not prevent any local agency from
16constructing facilities that compete with the facilities approved by
17the commission and the department shall not be entitled to
18compensation for the adverse effects on toll revenue due to those
19competing facilities.
20(e) The department shall provide any information or data
21requested by the commission or the Legislative Analyst relating
22to a facility that the department develops or operates pursuant to
23this section. The commission, in cooperation with the Legislative
24Analyst, shall annually prepare a report on the progress of the
25development and operation of a
facility authorized under this
26section. The commission may submit this report as a section in its
27annual report to the Legislature required pursuant to Section
2814535 of the Government Code.
Section 149.7 of the Streets and Highways Code is
31amended to read:
(a) A regional transportation agency, as defined in
33subdivisionbegin delete (e),end deletebegin insert (f),end insert in cooperation with the department, may apply
34to the commission to develop and operate high-occupancy toll
35lanes, including the administration and operation of a value pricing
36program and exclusive or preferential lane facilities for public
37begin delete transit, consistent with the established standards, requirements, begin insert
transit.end insert
38and limitations that apply to those facilities in Sections 149, 149.1,
39149.3, 149.4, 149.5, and 149.6.end delete
P4 1(b) Each application for the development and operation of the
2facilities described in subdivision (a) shall be subject to review
3and approval by the commission pursuant to eligibility criteria
4established by the commission. For each eligible application, the
5commission shall conduct at least one public hearing in northern
6California and one in southern California.
7(c) A regional transportation agency that applies to the
8commission to develop and operate facilities described in
9subdivision (a) shall reimburse the commission for all of the
10commission’s cost and expense incurred in processing the
11application.
12(d) The commission shall establish guidelines for the
13development and operation of facilities described in subdivision
14(a) and approved by the commission pursuant to this section,
15subject to the following minimum requirements:
16(1) The regional transportation agency shall develop and
17operate the facilities in cooperation with the department, and the
18active participation of the Department of the California Highway
19Patrol, pursuant to an agreement that addresses all matters related
20to design, construction, maintenance, and operation of state
21highway system facilities in connection with the facilities.
22(2) The regional transportation agency shall be responsible for
23establishing, collecting, and administering tolls.
24(3) The regional transportation agency shall be
responsible for
25paying for the maintenance of the facilities from net toll revenue,
26pursuant to an agreement between the department and the regional
27transportation agency.
28(4) The revenue generated from the operation of the facilities
29shall be available to the regional transportation agency for the
30direct expenses related to the maintenance, administration, and
31operation, including collection and enforcement, of the facilities.
32(5) All remaining revenue generated by the facilities shall be
33used in the corridor from which the revenue was generated
34pursuant to an expenditure plan adopted by the regional
35transportation agency.
36(6) This section shall not prevent the department or any local
37agency from constructing facilities that compete with the facilities
38approved by the commission and the regional transportation
39
agency shall not be entitled to compensation for the adverse effects
40on toll revenue due to those competing facilities.
P5 1(d)
end delete
2begin insert(e)end insert A regional transportation agency that develops or operates
3a facility, or facilities, described in subdivision (a) shall provide
4any information or data requested by the commission or the
5Legislative Analyst. The commission, in cooperation with the
6Legislative Analyst, shall annually prepare a report on the progress
7of the development and operation of a facility authorized under
8this section. The commission may submit this report as a section
9in its annual
report to the Legislature required pursuant to Section
1014535 of the Government Code.
11(e)
end delete
12begin insert(f)end insert Notwithstanding Section 143, for purposes of this section,
13“regional transportation agency” means any of the following:
14(1) A transportation planning agency described in Section 29532
15or 29532.1 of the Government Code.
16(2) A county transportation commission established under
17Section
130050, 130050.1, or 130050.2 of the Public Utilities
18Code.
19(3) Any other local or regional transportation entity that is
20designated by statute as a regional transportation agency.
21(4) A joint exercise of powers authority established pursuant to
22Chapter 5 (commencing with Section 6500) of Division 7 of Title
231 of the Government Code, with the consent of a transportation
24planning agency or a county transportation commission for the
25jurisdiction in which the transportation project will be developed.
26(5) A local transportation authority designated pursuant to
27Division
12.5 (commencing with Section 131000) or Division 19
28(commencing with Section 180000) of the Public Utilities Code.
29(6) The Santa Clara Valley Transportation Authority established
30pursuant to Part 12 (commencing with Section 100000) of Division
3110 of the Public Utilities Code.
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