Bill Text: CA AB2090 | 2013-2014 | Regular Session | Chaptered
Bill Title: High-occupancy toll lanes: San Diego County and Santa
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2014-09-21 - Chaptered by Secretary of State - Chapter 528, Statutes of 2014. [AB2090 Detail]
Download: California-2013-AB2090-Chaptered.html
BILL NUMBER: AB 2090 CHAPTERED
BILL TEXT
CHAPTER 528
FILED WITH SECRETARY OF STATE SEPTEMBER 21, 2014
APPROVED BY GOVERNOR SEPTEMBER 21, 2014
PASSED THE SENATE AUGUST 11, 2014
PASSED THE ASSEMBLY AUGUST 18, 2014
AMENDED IN SENATE AUGUST 4, 2014
AMENDED IN SENATE JUNE 5, 2014
AMENDED IN ASSEMBLY MARCH 27, 2014
AMENDED IN ASSEMBLY MARCH 19, 2014
INTRODUCED BY Assembly Member Fong
(Coauthor: Assembly Member Gordon)
FEBRUARY 20, 2014
An act to amend Sections 149.1, 149.4, and 149.6 of the Streets
and Highways Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2090, Fong. High-occupancy toll lanes: San Diego County and
Santa Clara County.
Existing 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 law similarly authorizes the
Santa Clara Valley Transportation Authority (VTA) to administer and
operate HOT lanes 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. Existing law requires SANDAG and
VTA to establish, with the assistance of the Department of
Transportation, appropriate traffic flow guidelines for the purpose
of ensuring optimal use of the HOT lanes by high-occupancy vehicles
without adversely affecting other traffic in the state highway
system.
This bill would delete the reference to Level of Service C or D,
and instead would require SANDAG and 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
that optimal use of the HOT lanes. The bill would provide that
high-occupancy vehicles using these HOT lanes may be required to have
an electronic transponder or other electronic device for enforcement
purposes.
Existing law, with respect to the above-referenced HOT lane
corridors, specifies the authorized uses of toll revenues generated
from those lanes, including costs associated with operation of the
HOT lanes, transit service improvements, and high-occupancy vehicle
facilities within the affected corridor.
This bill would additionally authorize the use of the toll
revenues for transportation corridor improvements within the affected
corridor.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 149.1 of the Streets and Highways Code is
amended to read:
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 to
implement high-occupancy toll (HOT) lanes, 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.
(b) 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. Unrestricted access to the lanes by
high-occupancy vehicles shall be available at all times, except that
those 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
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.
(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, (B)
transportation corridor improvements, and (C) 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.
SEC. 2. Section 149.4 of the Streets and Highways Code is amended
to read:
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.
(b) 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. Unrestricted access to the lanes by
high-occupancy vehicles shall be available at all times, except that
those 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
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 an 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.
(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, transportation corridor
improvements, 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.
SEC. 3. 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
those 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, transportation corridor
improvements, 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.
