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AB-2865 High-occupancy toll lanes: Santa Clara Valley Transportation Authority: Bay Area Infrastructure Financing Authority.(2017-2018)

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Date Published: 06/21/2018 04:00 AM
AB2865:v96#DOCUMENT

Amended  IN  Senate  June 20, 2018
Amended  IN  Assembly  April 16, 2018
Amended  IN  Assembly  March 19, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2865


Introduced by Assembly Member Chiu

February 16, 2018


An act to amend Section 149.6 of of, and to add Section 149.13 to, the Streets and Highways Code, relating to transportation.


LEGISLATIVE COUNSEL'S DIGEST


AB 2865, as amended, Chiu. High-occupancy toll lanes: Santa Clara Valley Transportation Authority. Authority: Bay Area Infrastructure Financing Authority.
Existing law authorizes the Santa Clara Valley Transportation Authority (VTA) to conduct, administer, and operate a value pricing high-occupancy toll (HOT) lane program on 2 corridors included in the high-occupancy vehicle lane system in the County of Santa Clara and on State Highway Route 101 in the County of San Mateo in coordination with the City/County Association of Governments of San Mateo County and the San Mateo County Transportation Authority, as prescribed.
This bill would authorize the San Francisco County Transportation Authority to authorize VTA or the Bay Area Infrastructure Financing Authority to conduct, administer, develop and operate a value pricing high-occupancy toll lane program on State Highway Route 101 and a specified portion of State Highway Route 280 in the City and County of San Francisco in coordination with the San Francisco County Transportation Authority, as prescribed.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 149.6 of the Streets and Highways Code is amended to read:

149.6.
 (a) Notwithstanding Sections 149, 149.7, and 30800, and Section 21655.5 of the Vehicle Code, the Santa Clara Valley Transportation Authority (VTA) created by the Santa Clara Valley Transportation Authority Act (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 the County of Santa Clara in coordination with the Metropolitan Transportation Commission and consistent with Section 21655.6 of the Vehicle Code.
(b) Notwithstanding Sections 149, 149.7 and 30800, and Section 21655.5 of the Vehicle Code, VTA may conduct, administer, and operate a value pricing program on State Highway Route 101 in the County of San Mateo in coordination with the City/County Association of Governments of San Mateo County and with the San Mateo County Transportation Authority and consistent with Section 21655.6 of the Vehicle Code.
(c) Notwithstanding Sections 149, 149.7, and 30800, and Section 21655.5 of the Vehicle Code, and except as provided in Section 149.13, VTA may conduct, administer, and operate a value pricing program on State Highway Route 101 and the portion of State Highway Route 280 north of its junction with State Highway Route 101 101, or any portion thereof, in the City and County of San Francisco in coordination with and subject to the approval of the San Francisco County Transportation Authority and consistent with Section 21655.6 of the Vehicle Code.
(d) (1) VTA, under the circumstances described in subdivisions (a), (b), and (c), 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 VTA. 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.
(2) VTA shall enter into a cooperative agreement with the Bay Area Toll Authority to operate and manage the electronic toll collection system.
(e) 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.
(f) Single-occupant vehicles that are certified or authorized by VTA for entry into, and use of, the high-occupancy vehicle lanes in the County of Santa Clara, the County of San Mateo, and the City and County of San Francisco 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.
(g) (1) VTA shall carry out a value pricing program established pursuant to this section 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.
(2) An agreement described in paragraph (1) to carry out the program authorized pursuant to subdivision (b) shall be subject to the review and approval by the City/County Association of Governments of San Mateo County and the San Mateo County Transportation Authority.
(3) An agreement described in paragraph (1) to carry out the program authorized pursuant to subdivision (c) shall be subject to the review and approval by the San Francisco County Transportation Authority.
(h) (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 VTA 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. the department and the Department of the California Highway Patrol for their costs related to the toll facility.
(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. VTA’s administrative costs in the operation of the program shall not exceed 3 percent of the revenues.
(3) (A) For a value pricing program established pursuant to subdivision (a), all remaining revenue generated by the program after expenditures made pursuant to paragraph (2) 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 VTA.
(B) For a value pricing program established pursuant to subdivision (b), all remaining revenue generated by the program after expenditures made pursuant to paragraph (2) shall be used in the corridor from which the revenues were generated exclusively or used for projects that benefit the corridor 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 City/County Association of Governments of San Mateo County and the San Mateo County Transportation Authority.
(C) For a value pricing program established pursuant to subdivision (c), all remaining revenue generated by the program after expenditures made pursuant to paragraph (2) shall be used in the corridor from which the revenues were generated exclusively or used for projects that benefit the corridor 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 San Francisco County Transportation Authority. For purposes of this section, the portion of State Highway Route 101 and the portion of State Highway Route 280 north of its junction with State Highway Route 101 in the City and County of San Francisco shall be considered one corridor.
(i) (1) VTA may issue bonds, refunding bonds, or bond anticipation notes, at any time to finance construction and construction-related expenditures necessary to implement a value pricing program established pursuant to subdivision (a), (b), or (c) and construction and construction-related expenditures that are provided for in an expenditure plan adopted pursuant to paragraph (3) of subdivision (h), 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 VTA.
(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.
(j) Not later than three years after VTA first collects revenues from any of the projects described in paragraph (1) of subdivision (d), 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.

SEC. 2.

 Section 149.13 is added to the Streets and Highways Code, to read:

149.13.
 (a) SFCTA may authorize the development of a value pricing program on State Highway Route 101 and the portion of State Highway Route 280 north of its junction with State Highway Route 101, or any portion thereof, in the City and County of San Francisco, by authorizing BAIFA to develop and operate a value pricing program pursuant to this section or by authorizing VTA to develop and operate a value pricing program pursuant to Section 149.6.
(b) Notwithstanding Sections 149 and 30800 and Section 21655.5 of the Vehicle Code, BAIFA may develop and operate a value pricing program on State Highway Route 101 and the portion of State Highway Route 280 north of its junction with State Highway Route 101, or any portion thereof, in the City and County of San Francisco, in coordination with and subject to the approval of SFCTA, as part of the Bay Area Express Lane facility administered by BAIFA and consistent with Section 21655.6 of the Vehicle Code.
(c) If SFCTA approves the value pricing program pursuant to subdivision (b), State Highway Route 101 and the portion of State Highway Route 280 north of its junction with State Highway Route 101 in the City and County of San Francisco subject to the value pricing program shall be incorporated into the Bay Area Express Lane facility administered by BAIFA and shall be subject to the same requirements that are applicable to the Bay Area Express Lane facility administered by BAIFA.
(d) (1) If SFCTA approves the value pricing program pursuant to subdivision (b), consistent with paragraph (5) of subdivision (e) of Section 149.7, SFCTA, in consultation with the department and BAIFA, shall develop an expenditure plan for the use of express lane revenue generated in the corridor described in subdivision (b) that is remaining after taking into account the direct expenses, as described in paragraph (4) of subdivision (e) of Section 149.7. SFCTA and BAIFA shall approve the expenditure plan prior to the allocation of funds.
(2) The remaining revenue shall be used to benefit the corridor in which it was generated pursuant to the expenditure plan.
(e) For purposes of this section, the following terms have the following meanings:
(1) “BAIFA” means the Bay Area Infrastructure Financing Authority, a joint powers authority established pursuant to a joint exercise of powers agreement between the Metropolitan Transportation Commission and the Bay Area Toll Authority.
(2) “Bay Area Express Lane facility” means the high-occupancy toll lane facilities proposed by the Metropolitan Transportation Commission and approved by the California Transportation Commission on October 26, 2011, pursuant to Section 149.7.
(3) “SFCTA” means the San Francisco County Transportation Authority.
(4) “VTA” means the Santa Clara Valley Transportation Authority created by the Santa Clara Valley Transportation Authority Act (Part 12 (commencing with Section 100000) of Division 10 of the Public Utilities Code).