Bill Text: CA AB1381 | 2009-2010 | Regular Session | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: High-occupancy toll lanes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 289, Statutes of 2009. [AB1381 Detail]

Download: California-2009-AB1381-Enrolled.html

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BILL NUMBER: AB 1381	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 24, 2009
	PASSED THE ASSEMBLY  MAY 14, 2009
	AMENDED IN ASSEMBLY  APRIL 15, 2009

INTRODUCED BY   Assembly Member John A. Perez

                        FEBRUARY 27, 2009

   An act to amend Section 149.9 of the Streets and Highways Code,
relating to transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1381, John A. Perez. High-occupancy toll lanes.
   Existing law authorizes a regional transportation agency, in
cooperation with the Department of Transportation, 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.
   Existing law specifically authorizes a value-pricing and transit
development demonstration program involving HOT lanes to be
conducted, administered, developed, and operated on State Highway
Routes 10 and 110 in Los Angeles County by the Los Angeles County
Metropolitan Transportation Authority (LACMTA) under certain
conditions.
   This bill would require the LACMTA program to be implemented with
the active participation of the Department of the California Highway
Patrol. The bill would require LACMTA, with the consent of the
department, to establish appropriate performance measures for the
purpose of ensuring optimal use of the HOT lanes without adversely
affecting other traffic on the state highway system. The bill would
also state that the authorization for this project shall not prevent
the construction of competing facilities, and that LACMTA is not
entitled to compensation for the adverse effects on toll revenue due
to those facilities.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 149.9 of the Streets and Highways Code is
amended to read:
   149.9.  (a) Pursuant to Section 149.7 and the memorandum of
understanding between the Los Angeles County Metropolitan
Transportation Authority (LACMTA), the United States Department of
Transportation, and the department, as adopted on July 24, 2008, and
any subsequent, mutually agreed upon changes to that memorandum, the
LACMTA may operate a value-pricing and transit development
demonstration program involving high-occupancy toll (HOT) lanes to be
conducted, administered, developed, and operated on State Highway
Routes 10 and 110 in Los Angeles County by the LACMTA.
   (b) The LACMTA shall implement the program in cooperation with the
department, and the active participation of the Department of the
California Highway Patrol, 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 and transit program. With the consent of the
department, the board of the LACMTA shall establish appropriate
performance measures, such as speed or travel times, for the purpose
of ensuring optimal use of the HOT lanes without adversely affecting
other traffic on the state highway system.
   (c) The LACMTA and the department may implement the demonstration
program under the following conditions:
   (1) The value-pricing program may be operated on State Highway
Routes 10 and 110 in Los Angeles County on designated high-occupancy
vehicle (HOV) lanes.
   (2) (A) Single-occupant vehicles, or those vehicles that do not
meet minimum occupancy requirements, may be authorized to enter and
use the HOV lanes in the identified corridors, under conditions as
determined by the LACMTA.
   (B) The LACMTA may not change the vehicle occupancy requirement
for access to the HOV lanes in the identified corridors during the
demonstration period that is authorized under this section.
   (3) As part of the demonstration program, each proposed HOT lane
shall have nontolled alternative lanes available for public use in
the same corridor as the proposed HOT lanes.
   (4) The LACMTA shall implement a public outreach and
communications plan in order to solicit public input into the
development of the demonstration program.
   (5) In implementing the program, the LACMTA shall identify the
affected communities in the respective corridors and work with those
communities to identify impacts and develop mitigation measures.
   (6) The amount of the toll shall be established by the LACMTA, and
collected and administered in a manner determined by the LACMTA. The
LACMTA shall conduct a public hearing 30 days prior to setting or
increasing the toll.
   (7) The LACMTA shall assess the impacts of the program on
commuters of low income and shall provide mitigation to those
impacted commuters. Mitigation measures may include, but are not
limited to, reduced toll charges and toll credits for transit users.
Eligible commuters for reduced toll charges or toll credits for
transit users shall meet the eligibility requirements for assistance
programs under Chapter 2 (commencing with Section 11200) or Chapter 3
(commencing with Section 12000) of Part 3 of, Part 5 (commencing
with Section 17000) of, or Chapter 10 (commencing with Section
18900), Chapter 10.1 (commencing with Section 18930), or Chapter 10.3
(commencing with Section 18937) of Part 6 of, Division 9 of the
Welfare and Institutions Code.
   (8) Toll paying commuters shall have the option to purchase any
necessary toll paying equipment, prepay tolls, and renew toll
payments by cash or by using a credit card.
   (9) The LACMTA may operate the demonstration program until January
15, 2013, during which time it may not issue bonds for the
demonstration program.
   (10) The LACMTA and the department shall report to the Legislature
by December 31, 2012. The report shall include, but not be limited
to, a summary of the demonstration program, a survey of its users,
the impact on carpoolers, revenues generated, how transit service or
alternative modes of transportation were impacted, any potential
effect on traffic congestion in the HOV lane and in the neighboring
lanes, the number of toll paying vehicles that utilized the HOT
lanes, any potential reductions in the greenhouse gas emissions that
are attributable to congestion reduction resulting from the HOT lane
demonstration project, and a description of the mitigation measures
on the affected communities and commuters in this demonstration
program.
   (11) Pursuant to Section 149.7, the revenue generated from the
program may be available to the LACMTA for the direct expenses
related to the maintenance, administration, and operation, including
collection and enforcement, of the demonstration program.
Administrative expenses shall not exceed 3 percent of the revenues.
   (12) 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 in the corridor, including, but not limited to,
support for transit operations pursuant to an expenditure plan
adopted by the LACMTA.
   (13) This section shall not prevent the department or any local
agency from constructing facilities that compete with the HOT lane
demonstration project, and the LACMTA shall not be entitled to
compensation for adverse effects on toll revenue due to those
facilities.