Amended in Assembly January 5, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 620

Introduced by Assembly Member Roger Hernández

February 24, 2015

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

LEGISLATIVE COUNSEL’S DIGEST

AB 620, as amended, Roger Hernández. High-occupancy toll lanes: exemptions from tolls.

Existing law authorizes a value-pricing and transit development program involving 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.

Existing law requires LACMTA, in implementing the program, to continue to work with the affected communities in the respective corridors and provide mitigation measures for commuters and transit users of low income, including reduced toll charges and toll credits. Existing law requires eligible commuters and transit users to meet the eligibility requirements for specified assistance programs.

This bill would instead require LACMTA, in implementing the program, to begin delete adopt eligibility requirements for end delete begin insert provide end insert mitigation measures for commuters and transit users of low begin delete and moderate income, as defined, end delete begin insert income end insert and would also require LACMTA begin insert , until January 1, 2022, end insert to provide hardship exemptions from the payment of toll charges for commuters who meet the eligibility requirements for specified assistance programs. begin insert The bill would authorize LACMTA to discontinue issuing hardship exemptions if it determines at a public hearing that issuing additional exemptions would significantly jeopardize the amount of toll revenues necessary to operate and maintain the program. The bill would require LACMTA to report to the Legislature by January 31, 2019, the number of hardship exemptions provided during the time period from January 1, 2017, to December 31, 2018, inclusive, to commuters in total and to commuters residing in the San Gabriel Valley. end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

SECTION 1.  

Section 149.9 of the Streets and Highways Code
is amended 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 program involving high-occupancy toll (HOT) lanes
on State Highway Routes 10 and 110 in the County of Los Angeles.
LACMTA, with the consent of the department, may direct and
authorize the entry and use of the State Highway Routes 10 and
110 high-occupancy vehicle lanes by single-occupant vehicles 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) 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 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 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.

(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 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) (1) In implementing the program, LACMTA shall continue
to work with the affected communities in the respective corridors
and provide mitigation measures for commuters and transit users
of low begin delete and moderate income, within the meaning of Section 50093
of the Health and Safety Code, end delete begin insert income, end insert including reduced toll
charges and toll credits for transit users, if they do not qualify
under paragraph (2) for a hardship begin delete exemption. end delete begin insert exemption as long
as paragraph (2) remains operative. end insert

(2)  begin delete LACMTA end delete begin insert (A) end insert begin insert   end insert begin insert Except as provided in subparagraph (B),
LACMTA end insert shall also provide hardship exemptions from the payment
of toll charges for commuters who 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.

begin insert

(B) LACMTA may discontinue issuing hardship exemptions
pursuant to subparagraph (A) if it determines at a public hearing
that issuing additional hardship exemptions would significantly
jeopardize the amount of toll revenues necessary to operate and
maintain the program. In making that determination, LACMTA
shall not consider the cost of providing the mitigation measures
required by paragraph (1) as part of the costs necessary to operate
and maintain the program.

end insert begin insert

(C) This paragraph shall become inoperative on January 1,
2022.

end insert begin insert

(3) LACMTA shall report to the Legislature by January 31,
2019, the number of hardship exemptions provided pursuant to
paragraph (2) during the time period from January 1, 2017, to
December 31, 2018, inclusive, to commuters in total and to
commuters residing in the San Gabriel Valley. The report shall be
submitted in compliance with Section 9795 of the Government
Code. This paragraph shall become inoperative on January 31,
2023, pursuant to Section 10231.5 of the Government Code.

end insert

(e) 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 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 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 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 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
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 with this section and to finance any
expenditures payable from the revenues generated from the
program.