SB 983, as amended, Hernandez. High-occupancy toll lanes.
Existing 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.
Existing law authorizes a regional transportation agency, as defined, in cooperation with the department 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 public transit consistent with established standards, requirements, and limitations that apply to specified facilities. 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 would 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 facilitiesbegin insert approved by the commission on or after January 1, 2015,end insert subject to specified minimum requirements.begin insert The bill would provide that these provisions do not authorize the conversion of any existing nontoll or nonuser-fee lanes into tolled or user-fee lanes, except that a high-occupancy vehicle lane may be converted into a high-occupancy toll lane pursuant to its
provisions. The bill would authorize a regional transportation agency to issue bonds, refunding bonds, or bond anticipation notes backed by revenues generated from the facilities.end insert The bill would additionally authorizebegin delete specified local transportation authorities andend delete 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.
This bill would additionally authorize the department to apply to the commission to develop and operate HOT lanes and associated facilities.begin insert The bill would also authorize the department to issue bonds, refunding bonds, or bond anticipation notes backed by revenues generated from the facilities.end insert
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 149.2 is added to the Streets and
2Highways Code, to read:
(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
P3 1commission shall conduct at least one public hearing in northern
2California and one in southern California.
3(c) The department shall reimburse the commission for all of
4the commission’s costs and
expenses incurred in processing the
5application.
6(d)
end delete
7begin insert(c)end insert The commission shall establish guidelines for the
8development and operation of facilities described in subdivision
9(a) and approved by the commission pursuant to this section,
10subject to the following minimum requirements:
11(1) The department shall develop and operate the facilities in
12cooperation with regional transportation agencies, as applicable,
13and with the active participation of the Department of the California
14Highway Patrol.
15(2) The department shall
be responsible for establishing,
16collecting, and administering tolls.
17(3) The department shall be responsible for paying for the
18maintenance of the facilities from net toll revenue.
19(4) The revenue generated from the operation of the facilities
20shall be available to the department for the direct expenses related
21to the maintenance, administration, and operation, including
22collection and enforcement, of the facilities.
23(5) All remaining revenue generated by the facilities shall be
24used in the corridor from which the revenue was generated pursuant
25to an expenditure plan developed by the department and approved
26by the commission.
27(6) This section shall not prevent anybegin insert
regional transportation
28agency orend insert local agency from constructing facilities that compete
29with the facilities approved by the commission and the department
30shall not be entitled to compensation for the adverse effects on toll
31revenue due to those competing facilities.
32(e)
end delete
33begin insert(d)end insert The department shall provide any information or data
34requested by the commission or the Legislative Analyst relating
35to a facility that the department develops or operates pursuant to
36this section. The commission, in cooperation with the Legislative
37Analyst, shall annually prepare a
report on the progress of the
38development and operation of a facility authorized under this
39section. The commission may submit this report as a section in its
P4 1annual report to the Legislature required pursuant to Section 14535
2of the Government Code.
3(e) (1) The department may issue bonds, refunding bonds, or
4bond anticipation notes, at any time, to finance construction of,
5and construction-related expenditures for, facilities approved
6pursuant to this section, and construction and construction-related
7expenditures that are included in the expenditure plan adopted
8pursuant to paragraph (5) of subdivision (c), payable from the
9revenues generated from the respective facilities.
10(2) Any bond issued pursuant to this subdivision shall contain
11on its face a statement to the following effect:
13“Neither the full faith and credit nor the taxing power of the
14State of California is pledged to the payment of principal of, or
15the interest on, this bond.”
17(f) Nothing in this section shall authorize the conversion of any
18existing nontoll or nonuser-fee lanes into tolled or user-fee lanes,
19except that a high-occupancy vehicle lane may be converted into
20a high-occupancy toll lane.
Section 149.7 of the Streets and Highways Code is
22amended to read:
(a) A regional transportation agency, as defined in
24subdivisionbegin delete (f),end deletebegin insert (g),end insert in cooperation with the department, may apply
25to the commission to develop and operate high-occupancy toll
26lanes, including the administration and operation of a value pricing
27program and exclusive or preferential lane facilities for public
28
transit.
29(b) Each application for the development and operation of the
30facilities described in subdivision (a) shall be subject to review
31and approval by the commission pursuant to eligibility criteria
32established by the commission. For each eligible application, the
33commission shall conduct at least one public hearing in northern
34California and one in southern California.
35(c) A regional transportation agency that applies to the
36commission to develop and operate facilities described in
37subdivision (a) shall reimburse the commission for all of the
38commission’s cost and expense incurred in processing the
39application.
P5 1(d) The commission shall establish guidelines for the
2development and operation of
facilities described in subdivision
3(a) and approved by the commissionbegin insert on or after January 1, 2015,end insert
4 pursuant to this section, subject to the following minimum
5requirements:
6(1) The regional transportation agency shall develop and operate
7the facilities in cooperation with the department, and the active
8participation of the Department of the California Highway Patrol,
9pursuant to an agreement that addresses all matters related to
10design, construction, maintenance, and operation of state highway
11system facilities in connection with the facilities.
12(2) The regional transportation agency shall be responsible for
13establishing, collecting, and administering tolls.
14(3) The regional transportation agency shall be responsible for
15paying for the maintenance of the facilities from net toll revenue,
16pursuant to an agreement between the department and the regional
17transportation agency.
18(4) The revenue generated from the operation of the facilities
19shall be available to the regional transportation agency for the
20direct expenses related to the maintenance, administration, and
21operation, including collection and enforcement, of the facilities.
22(5) All remaining revenue generated by the facilities shall be
23used in the corridor from which the revenue was generated pursuant
24to an expenditure plan adopted by the regional transportation
25agency.
26(6) This section shall not prevent the department or any local
27agency from constructing facilities that compete with the facilities
28approved by the commission and the regional transportation
agency
29shall not be entitled to compensation for the adverse effects on toll
30revenue due to those competing facilities.
31(e) A regional transportation agency that develops or operates
32a facility, or facilities, described in subdivision (a) shall provide
33any information or data requested by the commission or the
34Legislative Analyst. The commission, in cooperation with the
35Legislative Analyst, shall annually prepare a report on the progress
36of the development and operation of a facility authorized under
37this section. The commission may submit this report as a section
38in its annual report to the Legislature required pursuant to Section
3914535 of the Government Code.
P6 1(f) (1) A regional
transportation agency may issue bonds,
2refunding bonds, or bond anticipation notes, at any time, to finance
3construction of, and construction-related expenditures for, facilities
4approved pursuant to this section, and construction and
5construction-related expenditures that are included in the
6expenditure plan adopted pursuant to paragraph (5) of subdivision
7(d), payable solely from the revenues generated from the respective
8facilities.
9(2) Any bond issued pursuant to this subdivision shall contain
10on its face a statement to the following effect:
12“Neither the full faith and credit nor the taxing power of the
13State of California is pledged to the payment of principal of, or
14the interest on, this bond.”
16(f)
end delete
17begin insert(g)end insert Notwithstanding Section 143, for purposes of this section,
18“regional transportation agency” means any of the following:
19(1) A transportation planning agency described in Section 29532
20or 29532.1 of the Government Code.
21(2) A county transportation commission established under
22Section 130050, 130050.1, or
130050.2 of the Public Utilities
23Code.
24(3) Any other local or regional transportation entity that is
25designated by statute as a regional transportation agency.
26(4) A joint exercise of powers authority established pursuant to
27Chapter 5 (commencing with Section 6500) of Division 7 of Title
281 of the Government Code, with the consent of a transportation
29planning agency or a county transportation commission for the
30jurisdiction in which the transportation project will be developed.
31(5) A local transportation authority designated pursuant to
32Division 12.5 (commencing with Section 131000) or Division 19
33(commencing with Section 180000) of the Public Utilities Code.
34(6)
end delete
35begin insert(5)end insert The Santa Clara Valley Transportation Authority established
36pursuant to Part 12 (commencing with Section 100000) of Division
3710 of the Public Utilities Code.
38(h) Nothing in this section shall authorize the conversion of any
39existing nontoll or nonuser-fee lanes into tolled or user-fee lanes,
P7 1except that a high-occupancy vehicle lane may be converted into
2a high-occupancy toll lane.
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