Bill Text: CA SB1298 | 2013-2014 | Regular Session | Amended

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 2-0)

Status: (Passed) 2014-09-21 - Chaptered by Secretary of State. Chapter 531, Statutes of 2014. [SB1298 Detail]

Download: California-2013-SB1298-Amended.html

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BILL NUMBER: SB 1298	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 17, 2014
	AMENDED IN SENATE  MAY 7, 2014

INTRODUCED BY   Senator Hernandez
    (   Coauthor:   Assembly Member  
Chau   ) 

                        FEBRUARY 21, 2014

   An act to  amend Section 149.7 of, and to  repeal
and add Section 149.9  of,   of  the
Streets and Highways Code, relating to transportation.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1298, as amended, Hernandez. High-occupancy toll lanes.

   (1) 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 requires the commission to conduct at least one
public hearing in northern California and one in southern California
for each application and limits the number of approved facilities to
not more than 4, 2 in northern California and 2 in southern
California. Existing law provides that no applications may be
approved on or after January 1, 2012.  
   This bill would remove the limitations on the number of HOT lanes
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 that
resources necessary in that regard be included in the Governor's
proposed annual budget.  
   (2) Existing 
    Existing  law, until January 15, 2015, specifically
authorizes a value-pricing and transit development demonstration
program involving  HOT   high-occupancy toll
  (HOT)  lanes to be conducted, administered,
developed, and operated on State Highway Routes 10 and 110 in the
County of Los Angeles by the Los Angeles County Metropolitan
Transportation Authority (LACMTA) under certain conditions.
   This bill would enact new provisions revising and recasting these
provisions and would repeal the existing provisions, thereby
extending the program indefinitely. The bill would specify additional
requirements for agreements between LACMTA, the Department of
Transportation, and the Department of the California Highway Patrol
that identify the respective obligations and liabilities of each
party relating to the  program. The bill would require
LACMTA, with the assistance of the department, to establish
appropriate traffic flow guidelines for the purpose of ensuring the
optimal use of the HOT lanes by high-occupancy vehicles. 
 program and clear and concise procedures for law enforcement.

   The bill would delete the requirement that LACMTA may not change
the vehicle occupancy requirement for access to the high-occupancy
vehicle lanes in the identified  corridors and would
authorize LACMTA to define the hours of operation of the HOT lanes.
  corridors.  The bill would  include,
within the reimbursable costs   require reimbursement
 of state agencies from toll  revenues,  
revenue of the cost incurred in the implementation of the program and
 the maintenance of state highway facilities in connection with
the  demonstration program.   program and
authorize remaining revenue to be used for improvements to the
transportation corridor from which the revenue was generated. 
   The bill would require LACMTA and the Department of Transportation
to report to the Legislature by January 31, 2015, on various aspects
and effects of the  demonstration  program. 
The bill would also authorize LACMTA to issue bonds pursuant to the
Los Angeles County Transportation Commission Revenue Bond Act at any
time to finance any costs necessary to implement the program and to
finance any expenditures payable from the revenues generated from the
program. 
   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.    Section 149.7 of the Streets and
Highways Code is amended to read:
   149.7.  (a) A regional transportation agency, as defined in
Section 143, in cooperation with the department, may apply to the
commission to develop and operate high-occupancy toll lanes,
including the administration and operation of a value pricing program
and exclusive or preferential lane facilities for public transit,
consistent with the established standards, requirements, and
limitations that apply to those facilities in Sections 149, 149.1,
149.3, 149.4, 149.5, and 149.6.
   (b)  Each application for the development and operation of the
facilities described in subdivision (a) shall be subject to review
and approval by the commission pursuant to eligibility criteria
established by the commission. For each eligible application, the
commission shall conduct at least one public hearing in northern
California and one in southern California.
   (c) The Governor shall include in each proposed annual budget the
resources necessary for the commission to fulfill the requirements of
this section.
    (d) A regional transportation agency that develops or operates a
facility, or facilities, described in subdivision (a) shall provide
any information or data requested by the commission or the
Legislative Analyst. The commission, in cooperation with the
Legislative Analyst, shall annually prepare a report on the progress
of the development and operation of a facility authorized under this
section. The commission may submit this report as a section in its
annual report to the Legislature required pursuant to Section 14535
of the Government Code. 
   SEC. 2.   SECTION 1.   Section 149.9 of
the Streets and Highways Code is repealed.
   SEC. 3.   SEC. 2.   Section 149.9 is
added to the Streets and Highways Code, to read:
   149.9.  (a) Notwithstanding Sections 149 and 30800 of this code,
and Section 21655.5 of the Vehicle Code, the Los Angeles County
Metropolitan Transportation Authority (LACMTA), may conduct,
administer, and operate a value-pricing and transit development
 demonstration  program involving high-occupancy
toll (HOT) lanes on State Highway Routes 10 and 110 in the County of
Los Angeles. LACMTA may direct and authorize the entry and use of the
State Highway Route 10 and 110 high-occupancy vehicle lanes by
single-occupant vehicles  during peak periods,  
and those vehicles that do not meet minimum occupancy requirements,
 as defined by LACMTA, for a fee. The amount of the fee shall be
established by, and collected in a manner to be determined by,
LACMTA.  LACMTA may continue to require high-occupancy vehicles
to have an electronic transponder or other electronic device for
enforcement purposes. 
   (b)  The  LACMTA shall implement the program in
cooperation with the department, and with the active participation of
the Department of the California Highway Patrol, pursuant to an
agreement that addresses all matters related to design, construction,
maintenance, and operation of state highway system facilities in
connection with the program. With the  assistance 
 consent  of the department, LACMTA 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.
   (1) Agreements between LACMTA, the department, and the Department
of the California Highway Patrol shall identify the respective
obligations and liabilities of each party to the agreement 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 programs of this nature.
 The agreements entered into pursuant to this section shall
include clear and concise procedures for enforcement by the
Department of the California Highway Patrol of laws prohibiting the
unauthorized use of the HOT lanes. The agreements shall provide for
reimbursement of state agencies, from revenues generated by the
 program, federal funds specifically allocated to LACMTA for
the program by the federal government,   program 
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, as
well as maintenance of state highway system facilities in connection
with the program.  Reimbursement for LACMTA'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 generated by the 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 in the
corridor, including, but not limited to, support for transit
operations pursuant to an expenditure plan adopted by  the
 LACMTA.  LACMTA's administrative expenses related to
the operation of the program shall   not exceed 3 percent of
the revenues. 
   (c) Single-occupant vehicles  and those vehicles that do not
meet minimum occupancy requirements  that are certified or
authorized by LACMTA for entry into, and use of, the State Highway
Routes 10 and 110 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) In implementing the program,  the  LACMTA
shall  identify   continue to work with 
the affected communities in the respective corridors and 
work with those communities to identify impacts and develop
mitigation measures. 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,   provide mitigation measures for
commuters of low income, including  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.
   (e)  The  LACMTA and the department shall report
to the Legislature by January 31, 2015. 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   high-occupancy vehicle lanes 
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  program,  any
comments submitted by the Department of the California Highway
Patrol regarding operation of the lanes,  and a description of
the mitigation measures on the affected communities and commuters in
 this demonstration   the  program. The
report shall be submitted in compliance with Section 9795 of the
Government Code. This subdivision shall become inoperative on January
31, 2019, pursuant to Section 10231.5 of the Government Code.
   (f) 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.
   (g) This section shall not prevent the department or any local
agency from constructing facilities that compete with a HOT lane
 demonstration project, and the   program, and
 LACMTA shall not be entitled to compensation for adverse
effects on toll revenue due to those facilities. 
   (h) LACMTA may issue bonds, as set forth in Chapter 5 (commencing
with Section 130500) of Division 12 of the Public Utilities Code, at
any time to finance any costs necessary to implement a value-pricing
and transit development program established in accordance this
section and to finance any expenditures payable from the revenues
generated from the program.