Bill Text: CA SB983 | 2013-2014 | Regular Session | Amended
Bill Title: High-occupancy toll lanes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-08-14 - Set, second hearing. Held under submission. [SB983 Detail]
Download: California-2013-SB983-Amended.html
BILL NUMBER: SB 983 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 4, 2014
AMENDED IN ASSEMBLY JUNE 30, 2014
AMENDED IN ASSEMBLY JUNE 15, 2014
AMENDED IN SENATE MAY 21, 2014
INTRODUCED BY Senator Hernandez
FEBRUARY 11, 2014
An act to amend Section 149.7 of, and to add Section 149.2 to, the
Streets and Highways Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
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 facilities approved by the
commission on or after January 1, 2015, subject to specified
minimum requirements. 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. The bill would additionally
authorize specified local transportation authorities and
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. The bill would also authorize the department to
issue bonds, refunding bonds, or bond anticipation notes backed by
revenues generated from the facilities.
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 149.2 is added to the Streets and Highways
Code, to read:
149.2. (a) 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.
(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 department shall reimburse the commission for all of the
commission's costs and expenses incurred in processing the
application.
(d)
(c) The commission shall establish guidelines for the
development and operation of facilities described in subdivision (a)
and approved by the commission pursuant to this section, subject to
the following minimum requirements:
(1) The department shall develop and operate the facilities in
cooperation with regional transportation agencies, as applicable, and
with the active participation of the Department of the California
Highway Patrol.
(2) The department shall be responsible for establishing,
collecting, and administering tolls.
(3) The department shall be responsible for paying for the
maintenance of the facilities from net toll revenue.
(4) The revenue generated from the operation of the facilities
shall be available to the department for the direct expenses related
to the maintenance, administration, and operation, including
collection and enforcement, of the facilities.
(5) All remaining revenue generated by the facilities shall be
used in the corridor from which the revenue was generated pursuant to
an expenditure plan developed by the department and approved by the
commission.
(6) This section shall not prevent any regional
transportation agency or local agency from constructing
facilities that compete with the facilities approved by the
commission and the department shall not be entitled to compensation
for the adverse effects on toll revenue due to those competing
facilities.
(e)
(d) The department shall provide any information or
data requested by the commission or the Legislative Analyst relating
to a facility that the department develops or operates pursuant to
this section. 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.
(e) (1) The department may issue bonds, refunding bonds, or bond
anticipation notes, at any time, to finance construction of, and
construction-related expenditures for, facilities approved pursuant
to this section, and construction and construction-related
expenditures that are included in the expenditure plan adopted
pursuant to paragraph (5) of subdivision (c), payable from the
revenues generated from the respective facilities.
(2) 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."
(f) Nothing in this section shall 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.
SEC. 2. Section 149.7 of the Streets and Highways Code is amended
to read:
149.7. (a) A regional transportation agency, as defined in
subdivision (f), (g), 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.
(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) A regional transportation agency that applies to the
commission to develop and operate facilities described in subdivision
(a) shall reimburse the commission for all of the commission's cost
and expense incurred in processing the application.
(d) The commission shall establish guidelines for the development
and operation of facilities described in subdivision (a) and approved
by the commission on or after January 1, 2015, pursuant
to this section, subject to the following minimum requirements:
(1) The regional transportation agency shall develop and operate
the facilities in cooperation with the department, and 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 facilities.
(2) The regional transportation agency shall be responsible for
establishing, collecting, and administering tolls.
(3) The regional transportation agency shall be responsible for
paying for the maintenance of the facilities from net toll revenue,
pursuant to an agreement between the department and the regional
transportation agency.
(4) The revenue generated from the operation of the facilities
shall be available to the regional transportation agency for the
direct expenses related to the maintenance, administration, and
operation, including collection and enforcement, of the facilities.
(5) All remaining revenue generated by the facilities shall be
used in the corridor from which the revenue was generated pursuant to
an expenditure plan adopted by the regional transportation agency.
(6) This section shall not prevent the department or any local
agency from constructing facilities that compete with the facilities
approved by the commission and the regional transportation agency
shall not be entitled to compensation for the adverse effects on toll
revenue due to those competing facilities.
(e) 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.
(f) (1) A regional transportation agency may issue bonds,
refunding bonds, or bond anticipation notes, at any time, to finance
construction of, and construction-related expenditures for,
facilities approved pursuant to this section, and construction and
construction-related expenditures that are included in the
expenditure plan adopted pursuant to paragraph (5) of subdivision
(d), payable solely from the revenues generated from the respective
facilities.
(2) 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."
(f)
(g) Notwithstanding Section 143, for purposes of this
section, "regional transportation agency" means any of the following:
(1) A transportation planning agency described in Section 29532 or
29532.1 of the Government Code.
(2) A county transportation commission established under Section
130050, 130050.1, or 130050.2 of the Public Utilities Code.
(3) Any other local or regional transportation entity that is
designated by statute as a regional transportation agency.
(4) A joint exercise of powers authority established pursuant to
Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of
the Government Code, with the consent of a transportation planning
agency or a county transportation commission for the jurisdiction in
which the transportation project will be developed.
(5) A local transportation authority designated pursuant to
Division 12.5 (commencing with Section 131000) or Division 19
(commencing with Section 180000) of the Public Utilities Code.
(6)
(5) The Santa Clara Valley Transportation Authority
established pursuant to Part 12 (commencing with Section 100000) of
Division 10 of the Public Utilities Code.
(h) Nothing in this section shall 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.
