Bill Text: CA AB1459 | 2015-2016 | Regular Session | Introduced

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

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Bill Title: Toll lanes: County of Orange.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1459 Detail]

Download: California-2015-AB1459-Introduced.html

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BILL NUMBER: AB 1459	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Kim
   (Coauthor: Assembly Member Harper)

                        FEBRUARY 27, 2015

   An act to add Chapter 9 (commencing with Section 31495) to
Division 17 of the Streets and Highways Code, relating to
transportation.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1459, as introduced, Kim. Toll facilities: County of Orange.
   Existing law authorizes certain toll facilities on public
highways.
   This bill would prohibit a toll facility, as defined, to be
implemented and constructed on a public highway within the boundaries
of the County of Orange unless approved by a 2/3 vote of the
electorate in the county.
   This bill would make legislative findings and declarations as to
the necessity for special legislation.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) In the State of California, traffic congestion management is
critical and the congestion management process is a systematic
approach, developed to provide for the safe and effective management
and operation of our local, state, and federal transportation
facilities.
   (b) There are many ways to manage traffic congestion, including
toll facilities and high-occupancy toll lanes.
   (c) In Orange County, for more than 20 years, Measure M, the
one-half cent sales tax for transportation improvements, has been the
major funding source for traffic congestion relief. Measure M was
first approved by Orange County voters in 1990, and renewed by voters
as Measure M2 for a 30-year extension in 2006. The measure raises
the sales tax in Orange County by one-half cent through 2041. By the
year 2041, the M2 program plans to deliver approximately $15.8
billion worth of transportation improvements to Orange County.
   (d) When Orange County voters approved Measure M2, there was no
mention in the ballot language of "high-occupancy toll lanes" or
"toll lanes" as an eligible project to receive funding. In fact,
while "toll lane" language was once considered to be included, it was
removed for fear that Measure M2 would not pass.
   (e) In December of 2013, the Orange County Transportation
Authority (OCTA) approved a plan to widen the I-405 freeway between
Euclid Street and Interstate 605 with one lane in each direction.
This plan was sent to the Department of Transportation for its
approval. In July 2014, the department released its decision to
leverage this construction, paid for with Measure M2 dollars, to
build one toll lane in each direction that will combine with the
existing high-occupancy vehicle (HOV) lane to operate as a new toll
lane facility. The existing HOV lane will be combined with the
high-occupancy toll (HOT) lane so that there will be two HOT/express
lanes in each direction between SR-73 and the I-605. The toll at peak
usage is estimated to be $9.91, in 2013 dollars, for a one-way trip.

   (f) It is the intent of the Legislature to protect the will of the
voters of Orange County and to require a vote of the residents of
Orange County to approve the construction of a toll lane on a public
highway in that county.
  SEC. 2.  Chapter 9 (commencing with Section 31495) is added to
Division 17 of the Streets and Highways Code, to read:
      CHAPTER 9.  ORANGE COUNTY TOLL FACILITIES


   31495.  (a) Notwithstanding any other provision of this division,
Article 3 (commencing with Section 90) of Chapter 1 of Division 1, or
any other law, a toll facility shall not be implemented and
constructed on a public highway within the boundaries of the County
of Orange unless approved by a two-thirds vote of the electorate in
the county.
   (b) "Public highway" means a state or local agency highway, road,
or street and includes a bridge.
   (c) "Toll facility" means a toll road, toll bridge, toll lane, or
any other facility on a public highway within boundaries of the
County of Orange for which a toll is to be charged, and includes the
entire length of the portion of the public highway that is subject to
the toll. "Toll facility" includes a high-occupancy toll lane.
   (d) Nothing in this section prohibits charges imposed for parking
associated with a public highway.
  SEC. 3.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances in the County of Orange, where a
new toll facility would have significant access and economic impacts
on the various communities along highway routes within the county.