AB 2865: High-occupancy toll lanes: Santa Clara Valley Transportation Authority.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-09-18
Existing law provides that the Department of Transportation has full possession and control of the state highway system. Existing law authorizes a regional transportation agency or the department to apply to the California Transportation Commission to develop and operate high-occupancy toll (HOT) lanes or other toll facilities. Existing law provides for the review and approval by the commission of each proposed toll facility pursuant to eligibility criteria set forth in guidelines established by the commission and requires a toll facility approved by the commission to be subject to specified minimum requirements. Existing law requires revenue remaining after certain expenses are subtracted to be used in the corridor from which the revenue was generated pursuant to an expenditure plan developed by the sponsoring agency. With regard to a facility sponsored by a regional transportation agency, existing law requires the regional transportation agency to develop an expenditure plan in consultation with the department and the governing board of the regional transportation agency to review and approve the expenditure plan and any updates.
This bill would authorize the Santa Clara Transportation Valley Transportation Authority (VTA) to apply to the commission pursuant to the above-described provisions to conduct, administer, and operate HOT lanes or other toll facilities on State Highway Route 101 and a specified portion of State Highway Route 280 in the City and County of San Francisco if the San Francisco County Transportation Authority (SFCTA) approves the facilities before VTA submits an application to the commission for approval. The bill would require VTA to conduct, administer, and operate the facility in coordination with SFCTA. The bill would require SFCTA, in collaboration with the department and VTA, to develop the expenditure plan and would require the governing board of SFCTA to review and approve the expenditure plan and any updates.
Existing law authorizes 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. For the value pricing program authorized on State Highway Route 101 in the County of San Mateo, existing law requires all remaining revenue generated by the program after specified expenditures are made to be used in the corridor from which the revenues were generated exclusively for certain purposes.
This bill would provide that those remaining revenues may also be used for projects that benefit the corridor, as specified. The bill would make other nonsubstantive and minor substantive changes.
Existing law provides that the Department of Transportation has full possession and control of the state highway system. Existing law authorizes a regional transportation agency or the department to apply to the California Transportation Commission to develop and operate high-occupancy toll (HOT) lanes or other toll facilities. Existing law provides for the review and approval by the commission of each proposed toll facility pursuant to eligibility criteria set forth in guidelines established by the commission and requires a toll facility approved by the commission to be subject to specified minimum requirements. Existing law requires revenue remaining after certain expenses are subtracted to be used in the corridor from which the revenue was generated pursuant to an expenditure plan developed by the sponsoring agency. With regard to a facility sponsored by a regional transportation agency, existing law requires the regional transportation agency to develop an expenditure plan in consultation with the department and the governing board of the regional transportation agency to review and approve the expenditure plan and any updates.
This bill would authorize the Santa Clara Transportation Valley Transportation Authority (VTA) to apply to the commission pursuant to the above-described provisions to conduct, administer, and operate HOT lanes or other toll facilities on State Highway Route 101 and a specified portion of State Highway Route 280 in the City and County of San Francisco if the San Francisco County Transportation Authority (SFCTA) approves the facilities before VTA submits an application to the commission for approval. The bill would require VTA to conduct, administer, and operate the facility in coordination with SFCTA. The bill would require SFCTA, in collaboration with the department and VTA, to develop the expenditure plan and would require the governing board of SFCTA to review and approve the expenditure plan and any updates.
Existing law authorizes 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. For the value pricing program authorized on State Highway Route 101 in the County of San Mateo, existing law requires all remaining revenue generated by the program after specified expenditures are made to be used in the corridor from which the revenues were generated exclusively for certain purposes.
This bill would provide that those remaining revenues may also be used for projects that benefit the corridor, as specified. The bill would make other nonsubstantive and minor substantive changes.
Existing law provides that the Department of Transportation has full possession and control of the state highway system. Existing law authorizes a regional transportation agency or the department to apply to the California Transportation Commission to develop and operate high-occupancy toll (HOT) lanes or other toll facilities. Existing law provides for the review and approval by the commission of each proposed toll facility pursuant to eligibility criteria set forth in guidelines established by the commission and requires a toll facility approved by the commission to be subject to specified minimum requirements. Existing law requires revenue remaining after certain expenses are subtracted to be used in the corridor from which the revenue was generated pursuant to an expenditure plan developed by the sponsoring agency. With regard to a facility sponsored by a regional transportation agency, existing law requires the regional transportation agency to develop an expenditure plan in consultation with the department and the governing board of the regional transportation agency to review and approve the expenditure plan and any updates.
This bill would authorize the Santa Clara Transportation Valley Transportation Authority (VTA) to apply to the commission pursuant to the above-described provisions to conduct, administer, and operate HOT lanes or other toll facilities on State Highway Route 101 and a specified portion of State Highway Route 280 in the City and County of San Francisco if the San Francisco County Transportation Authority (SFCTA) approves the facilities before VTA submits an application to the commission for approval. The bill would require VTA to conduct, administer, and operate the facility in coordination with SFCTA. The bill would require SFCTA, in collaboration with the department and VTA, to develop the expenditure plan and would require the governing board of SFCTA to review and approve the expenditure plan and any updates.
Existing law authorizes the Santa Clara Valley Transportation Authority (VTA) 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. For the value pricing program authorized on State Highway Route 101 in the County of San Mateo, existing law requires all remaining revenue generated by the program after specified expenditures are made to be used in the corridor from which the revenues were generated exclusively for certain purposes.
This bill would authorize the San Francisco County Transportation Authority to authorize VTA or the Bay Area Infrastructure Financing Authority to 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. provide that those remaining revenues may also be used for projects that benefit the corridor, as specified. The bill would make other nonsubstantive and minor substantive changes.
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.
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 VTA to conduct, administer, 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.
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 make nonsubstantive changes to these provisions. authorize VTA to conduct, administer, 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.
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 make nonsubstantive changes to these provisions.
(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 San Mateo County 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)(1)VTA, under the circumstances described in subdivisions (a) and (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 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.
(d)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.
(e)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 and San Mateo County 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.
(f)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. An agreement 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.
(g)(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 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. VTAs 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 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.
(h)(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) or (b) and construction and construction-related expenditures that are provided for in an expenditure plan adopted pursuant to paragraph (3) of subdivision (g), 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.
(i)Not later than three years after VTA first collects revenues from any of the projects described in paragraph (1) of subdivision (c) 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)VTA may apply to the commission pursuant to Section 149.7 to conduct, administer, and operate any facility or program described in subdivision (a) of that section to be located 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 if SFCTA approves the facility or program before VTA submits an application to approve the facility or program to the commission pursuant to Section 149.7.
(b)If the commission approves VTAs application to conduct, administer, and operate a facility or program located on any portion of state highway described in subdivision (a), all of the following shall apply:
(1)The facility or program approved by the commission shall be subject to all of the provisions of Section 149.7 except to the extent that those provisions are inconsistent with paragraphs (2) to (5), inclusive.
(2)VTA shall conduct, administer, and operate the program in coordination with SFCTA.
(3)SFCTA shall develop the expenditure plan described in paragraph (5) of subdivision (e) of Section 149.7 in collaboration with the department and VTA.
(4)The governing board of SFCTA shall review and approve the expenditure plan described in paragraph (5) of subdivision (e) of Section 149.7 and any updates.
(5)The remaining revenue shall be used to benefit the corridor from which it was generated pursuant to the expenditure plan.
(c)For purposes of this section, the following terms shall apply:
(1)SFCTA means the San Francisco County Transportation Authority.
(2)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).
(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 San Mateo County 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)(1)VTA, under the circumstances described in subdivisions (a) and (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 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.
(d)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.
(e)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 and San Mateo County 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.
(f)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. An agreement 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.
(g)(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 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. VTAs 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 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.
(h)(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) or (b) and construction and construction-related expenditures that are provided for in an expenditure plan adopted pursuant to paragraph (3) of subdivision (g), 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.
(i)Not later than three years after VTA first collects revenues from any of the projects described in paragraph (1) of subdivision (c) 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)VTA may apply to the commission pursuant to Section 149.7 to conduct, administer, and operate any facility or program described in subdivision (a) of that section to be located 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 if SFCTA approves the facility or program before VTA submits an application to approve the facility or program to the commission pursuant to Section 149.7.
(b)If the commission approves VTAs application to conduct, administer, and operate a facility or program located on any portion of state highway described in subdivision (a), all of the following shall apply:
(1)The facility or program approved by the commission shall be subject to all of the provisions of Section 149.7 except to the extent that those provisions are inconsistent with paragraphs (2) to (5), inclusive.
(2)VTA shall conduct, administer, and operate the program in coordination with SFCTA.
(3)SFCTA shall develop the expenditure plan described in paragraph (5) of subdivision (e) of Section 149.7 in collaboration with the department and VTA.
(4)The governing board of SFCTA shall review and approve the expenditure plan described in paragraph (5) of subdivision (e) of Section 149.7 and any updates.
(5)The remaining revenue shall be used to benefit the corridor from which it was generated pursuant to the expenditure plan.
(c)For purposes of this section, the following terms shall apply:
(1)SFCTA means the San Francisco County Transportation Authority.
(2)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).
(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 County 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, 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)(c)(1)VTA, under the circumstances described in subdivisions (a), (b), and (c), (a) and (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 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)(d)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)(e)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 Clara and San Mateo County 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)(f)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. An agreement 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.
(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)(g)(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 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. VTAs 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 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 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)(h)(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) (a) or (b) and construction and construction-related expenditures that are provided for in an expenditure plan adopted pursuant to paragraph (3) of subdivision (h), (g), 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)(i)Not later than three years after VTA first collects revenues from any of the projects described in paragraph (1) of subdivision (d), (c) 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)VTA may apply to the commission pursuant to Section 149.7 to conduct, administer, and operate any facility or program described in subdivision (a) of that section to be located 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 if SFCTA approves the facility or program before VTA submits an application to approve the facility or program to the commission pursuant to Section 149.7.
(b)If the commission approves VTAs application to conduct, administer, and operate a facility or program located on any portion of state highway described in subdivision (a), all of the following shall apply:
(1)The facility or program approved by the commission shall be subject to all of the provisions of Section 149.7 except to the extent that those provisions are inconsistent with paragraphs (2) to (5), inclusive.
(2)VTA shall conduct, administer, and operate the program in coordination with SFCTA.
(3)SFCTA shall develop the expenditure plan described in paragraph (5) of subdivision (e) of Section 149.7 in collaboration with the department and VTA.
(4)The governing board of SFCTA shall review and approve the expenditure plan described in paragraph (5) of subdivision (e) of Section 149.7 and any updates.
(5)The remaining revenue shall be used to benefit the corridor from which it was generated pursuant to the expenditure plan.
(c)For purposes of this section, the following terms shall apply:
(1)SFCTA means the San Francisco County Transportation Authority.
(2)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).
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).(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. VTAs 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).
(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, the 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, the 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 in the City and County of San Francisco in coordination with 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 the authority. 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 the authority 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 the authority 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.
(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 VTAs 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 the 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 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 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)The 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 the authority. 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.
(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, the 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, the 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 in the City and County of San Francisco in coordination with the San Francisco County Transportation Authority and consistent with Section 21655.6 of the Vehicle Code.
(c)(d)(1)VTA, under the circumstances described in subdivisions (a) and (b), (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 the authority. 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.
(d)(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.
(e)(f)Single-occupant vehicles that are certified or authorized by the authority for entry into, and use of, the high-occupancy vehicle lanes in the County of Santa Clara and the Clara, the County of San Mateo 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.
(f)(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. An
(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.
(g)(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 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 VTAs 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 the 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 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 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.
(h)(i)(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 a value pricing program established pursuant to subdivision (a) or (b) (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 (g), (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 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.
(i)(j)Not later than three years after VTA first collects revenues from any of the projects described in paragraph (1) of subdivision (c), (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.
(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 Part the Santa Clara Valley Transportation Authority Act (Part 12 (commencing with Section 100000) of Division 10 of the Public Utilities Code 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 County 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, the VTA may conduct, administer, and operate a value pricing program on State Highway Route 101 in the County of San Mateo County 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)(1)VTA, under the circumstances described in subdivisions (a) and (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 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.
(d)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.
(e)Single-occupant vehicles that are certified or authorized by the authority for entry into, and use of, the high-occupancy vehicle lanes in the County of Santa Clara County and the County of San Mateo County 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.
(f)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. An agreement 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.
(g)(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 operation, including collection and enforcement), enforcement, maintenance, construction, and administration of the program. The VTAs 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 the 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 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.
(h)(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 a value pricing program established pursuant to subdivision (a) or (b) and construction and construction-related expenditures that are provided for in an expenditure plan adopted pursuant to paragraph (3) of subdivision (e), (g), 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.
(i)Not later than three years after VTA first collects revenues from any of the projects described in paragraph (1) of subdivision (c), 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.
|
Date
|
Status
|
|---|---|
| Sep 18, 2018 | Chaptered by Secretary of State - Chapter 501, Statutes of 2018. |
| Sep 18, 2018 | Approved by the Governor. |
| Sep 11, 2018 | Enrolled and presented to the Governor at 4:30 p.m. |
| Aug 30, 2018 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 29, 2018 | In Assembly. Concurrence in Senate amendments pending. |
| Aug 29, 2018 | Read third time. Passed. Ordered to the Assembly. |
| Aug 27, 2018 | Read second time. Ordered to third reading. |
| Aug 24, 2018 | Read third time and amended. Ordered to second reading. |
| Aug 17, 2018 | From committee: Do pass. (Ayes 5. Noes 2.) (August 16). |
| Aug 13, 2018 | In committee: Referred to APPR. suspense file. |
| Aug 6, 2018 | In committee: Hearing postponed by committee. |
| Jun 27, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 5.) (June 26). Re-referred to Com. on APPR. |
| Jun 20, 2018 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on T. & H. |
| Jun 13, 2018 | In committee: Hearing postponed by committee. |
| Jun 7, 2018 | Referred to Com. on T. & H. |
| May 31, 2018 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 30, 2018 | Read third time. Passed. Ordered to the Senate. |
| May 25, 2018 | From committee: Do pass. (Ayes 12. Noes 4.) (May 25). |
| May 2, 2018 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 24, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 4.) (April 23). Re-referred to Com. on APPR. |
| Apr 17, 2018 | Re-referred to Com. on TRANS. |
| Apr 16, 2018 | From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended. |
| Mar 20, 2018 | Re-referred to Com. on TRANS. |
| Mar 19, 2018 | From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended. |
| Mar 19, 2018 | Referred to Com. on TRANS. |
| Feb 17, 2018 | From printer. May be heard in committee March 19. |
| Feb 16, 2018 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 30, 2018 | AB 2865 CHIU Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 29, 2018 | Assembly 3rd Reading AB2865 Chiu By Wiener | Senate Floor |
Passed |
|
| Aug 16, 2018 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 13, 2018 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 26, 2018 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Transportation and Housing |
Passed |
|
| May 30, 2018 | AB 2865 CHIU Assembly Third Reading | Assembly Floor |
Passed |
|
| May 25, 2018 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 23, 2018 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Transportation |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Bay Area Council | ** Support | Aug 27, 2018 |
| Natural Resources Defense Council | ** Support | Aug 27, 2018 |
| San Francisco County Transportation Authority | ** Support | Aug 27, 2018 |
| SPUR | ** Support | Aug 27, 2018 |
| Transform | ** Support | Aug 27, 2018 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2865
Author:(Chiu)
As Amended Ver:August 24, 2018
Majority vote
ASSEMBLY: | 49-28 | (May 30, 2018) | SENATE: | 26-12 | (August 29, 2018) |
Original Committee Reference: TRANS.
SUMMARY: Authorizes the Santa Clara Valley Transportation Authority (VTA) to apply to the California Transportation Commission (CTC) for the authority to conduct, administer, and operate a value pricing program or high-occupancy toll (HOT) lanes in the City and County San Francisco.
The Senate amendments:
- Recast the bill to authorize VTA to apply to CTC for the authority to conduct, administer, and operate a value pricing program or HOT lanes on State Route (SR) 101 and SR 280 north of its junction with SR 101 in the City and County San Francisco.
- Specify that, if CTC approves VTA's application, the following applies:
- VTA must coordinate the program with the San Francisco County Transportation Authority (SFCTA);
- SFCTA will develop the expenditure plan for excess revenues in collaboration with VTA and the California Department of Transportation (Caltrans) and then approve the plan.
AS PASSED BY THE ASSEMBLY, this bill:
- Authorized VTA, in coordination with SFCTA, to conduct, administer, and operate a value pricing program or HOT lanes in the City and County of San Francisco on SR 101 and SR 280 north of its junction with SR 101.
- Authorized SFCTA to review and approve the agreement between VTA and Caltrans that addresses the design, construction, maintenance, and operation of the HOT lanes in San Francisco.
- Required any excess revenues generated by the HOT lanes in San Francisco to be used in the corridor from which the revenues were generated, and dedicates those revenues to:
- The pre-construction, construction, and related costs of high-occupancy vehicle facilities;
- Improvements to the transportation corridor; and,
- Transit service improvement including, but not limited to, support for transit operations in the corridor.
FISCAL EFFECT: Unknown
COMMENTS: Current law authorizes a number of public agencies to operate toll facilities in this state. These facilities include state-owned toll bridges, local toll bridge districts, public toll roads, and HOT or "managed" lanes. Specifically, AB 2032 (Dutra), Chapter 418, Statutes of 2004, authorized VTA and a number of other regional agencies to construct high-occupancy vehicle lanes and convert them to HOT lanes. HOT lanes are high-occupancy vehicle lanes in which the administering agency sells any extra capacity to toll-paying single-occupant vehicles.
HOT lanes typically employ a pricing method known as value pricing or congestion pricing. Under this scheme, the amount of the toll varies in accordance with the level of congestion in that particular lane. When congestion increases, so too will the toll amount. As the price to use the lane goes up, fewer people presumably will choose to use it, thereby reducing demand for the facility and maintaining free-flow travel conditions. With this mechanism, an agency can attempt to ensure that operation of the toll facility does not undermine the intended benefits of promoting carpooling with access to the faster high-occupancy vehicle lane.
In 2011, AB 1105 (Gordon), Chapter 114, Statutes of 2011, authorized VTA to extend its HOT lane on SR 101 into San Mateo County, subject to an agreement with the City/County Association of Governments in that county. Seeking a solution to the congestion along this corridor, both counties agreed that implementing HOT lanes could ensure a smooth, efficient transition for traffic at both ends of the existing high-occupancy vehicle lanes.
In 2015, AB 194 (Frazier), Chapter 687, Statutes of 2015, enabled CTC to authorize regional transportation agencies to develop and operate HOT lanes, removing the need for these agencies to come to the Legislature for the authority. This bill clarifies that VTA can apply to CTC for the authority to operate HOT lanes in a county outside of its own, as well as places basic oversight requirements on VTA's effort to ensure San Francisco is involved in the process.
Seeking to identify solutions to its own congestion woes, SFCTA developed a freeway corridor management study in 2013 for SRs 101 and 280. Through this study, SFCTA has concluded that a comprehensive solution may involve connecting to the HOT lane corridor in the counties to the south. This bill creates the opportunity to enable this connection.
According to the author, a unified corridor congestion management program could provide a regional tool to achieve a balanced transportation system that gives buses, carpoolers, and other vehicles in the lane improved travel times and reliability between the housing and job centers in San Francisco and the South Bay.
Analysis Prepared by: Eric Thronson / TRANS. / (916) 319-2093 FN: 0004929
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2865
:
SENATE TRANS. & HOUSING COMMITTEE: 7-5, 6/26/18
AYES: Beall, Allen, Dodd, Galgiani, McGuire, Skinner, Wiener
NOES: Cannella, Gaines, Morrell, Roth, Vidak
NO VOTE RECORDED: Wieckowski
SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/16/18
AYES: Portantino, Beall, Bradford, Hill, Wiener
NOES: Bates, Nielsen
ASSEMBLY FLOOR: 49-28, 5/30/18 - See last page for vote
DIGEST:
This bill authorizes the Santa Clara Valley Transportation Authority (VTA) to manage high-occupancy toll lanes (HOT) on certain State Routes in the City and County of San Francisco, as specified.
Senate Floor Amendments of 8/24/18 make various changes to the authorization framework provided that allows VTA to manage HOT lanes on U.S. highway 101 and State Route 280 in the City and County of San Francisco if constructed. The amendments also remove the authorization of the Bay Area Infrastructure Financing Authority from managing the abovementioned toll/express lanes if selected by San Francisco County Transportation Authority (SFCTA).
Existing law:
- Authorizes VTA to operate HOT lanes on two transportation corridors in Santa Clara County with high-occupancy vehicle (HOV) lanes.
- Authorizes VTA, in coordination with the City/County Association of Governments of San Mateo County, to operate HOT lanes in San Mateo County on U.S. 101.
- Specifies that revenues generated by the HOT lanes are available to VTA for the direct expenses related to the operation, maintenance, construction, and administration of the HOT lanes. VTA’s administrative costs are limited to 3% of the revenues.
- Requires any excess revenues generated by the HOT lanes in San Mateo County to be used in the corridor from which the revenues were generated, and dedicates those revenues to:
- The preconstruction, construction, and other related costs of HOV facilities;
- Improvements to the transportation corridor; and,
- Transit service improvement including, but not limited to, support for transit operations in the corridor.
- Authorizes the California Transportation Commission (CTC) to approve applications from regional transportation agencies to develop and operate HOT lanes and other toll facilities.
- Provides for the review and approval by CTC of each proposed toll facility pursuant to eligibility criteria set forth in the guidelines established by CTC.
This bill:
- Authorizes VTA to apply to the CTC pursuant to the application process established in AB 194 (Chapter 687, Statutes of 2015) to manage HOT lanes or other toll facilities on U.S. highway 101 and State Route (SR) 280 in the City and County of San Francisco, as specified.
- Specifies that the abovementioned authorization shall only take effect if SFCTA approves a toll facility before VTA submits an application to CTC for approval.
- Requires VTA to manage the approved toll facility in coordination with SFCTA.
- Requires SFCTA to develop an expenditure plan in collaboration with Caltrans and VTA and further requires SFCTA’s governing board approve the plan and any associated updates.
- Requires that remaining toll revenue is to be used to benefit the corridor that generated the revenue pursuant to the expenditure plan.
- Provides various definitions for entities identified in this bill.
Comments
- Purpose. According to the author, “In 2013, San Francisco County noted the growing congestion issues along Interstate 280 and Highway 101, and developed the Freeway Corridor Management Study (FCMS) to examine potential improvements. The study extensively evaluated strategies and identified freeway management projects that could prepare the region for an additional 100,000 daily trips on the corridor, including managed express lanes. A unified corridor congestion management program that incorporates these lanes could provide a regional tool to achieve a balanced transportation system that gives buses, carpoolers, and other vehicles improved travel times and reliability between the housing and job centers in San Francisco and the South Bay.”
- Initial HOT Lanes. AB 2032 (Dutra, Chapter 418, Statutes of 2004) authorized VTA to establish HOT lanes on two of the HOV corridors in Santa Clara County in coordination with the Metropolitan Transportation Commission (MTC), the regional transportation planning agency and metropolitan planning organization for the nine-county San Francisco Bay Area, which includes Santa Clara and San Mateo Counties. AB 2032 was introduced and enacted as a result of the positive HOT lane demonstration program implemented on Interstate 15 (I-15) in San Diego County in the late 1990’s. At the time AB 2032 was introduced, the bill was intended to build off of the I-15 project by authorizing several counties to construct HOT lanes in order to continue evaluating the effectiveness of HOT lanes in urban areas. VTA constructed and operates HOT lanes on SR 237 and SR 85/U.S. 101 under the authority granted by AB 2032.
- RM3. Enacted in 2017, SB 595 (Beall, Chapter 650, Statutes of 2017) authorized MTC to place a regional measure (RM3) on the ballot in the nine counties in the Bay Area to increase bridge tolls for a specific set of transportation infrastructure projects. SB 595 also included a provision that authorized VTA to enter into a cooperative agreement with the San Mateo County Association of Governments and the San Mateo County Transportation Authority to administer and operate HOT lanes on U.S. 101 in San Mateo County.
This bill further authorizes VTA to conduct, administer, and operate HOT lanes and/or a toll program on specific State Routes in the City and County of San Francisco if certain conditions are met.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee:
- Unknown Caltrans costs to support the development and maintenance of the specified HOT lanes. Caltrans would be reimbursed for its direct costs related to the toll facilities. (State Highway Account)
- Unknown, significant toll revenue gains for Caltrans and regional transportation agencies related to the operation of HOT lanes and other toll facilities. Excess revenues must be used within the corridor from which it was generated or projects that benefit the corridor.
- Unknown, potential costs for the future repair, rehabilitation, or reconstruction of the toll facilities, to the extent the agreement between Caltrans and the sponsoring entity does not provide for reimbursement for those Caltrans expenses.
Bay Area Council
Natural Resources Defense Council
San Francisco County Transportation Authority
SPUR
TransForm
OPPOSITION: (Verified 8/24/18)
None received
ASSEMBLY FLOOR: 49-28, 5/30/18
AYES: Aguiar-Curry, Arambula, Berman, Bloom, Bonta, Burke, Caballero, Calderon, Carrillo, Chau, Chiu, Chu, Cooley, Cooper, Daly, Eggman, Frazier, Friedman, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Levine, Limón, Low, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Santiago, Mark Stone, Thurmond, Ting, Wood, Rendon
NOES: Acosta, Travis Allen, Baker, Bigelow, Brough, Cervantes, Chávez, Chen, Choi, Cunningham, Dahle, Flora, Fong, Gallagher, Gray, Harper, Kiley, Lackey, Maienschein, Mathis, Mayes, Melendez, Obernolte, Patterson, Salas, Steinorth, Voepel, Waldron
NO VOTE RECORDED: Weber
8/27/18 19:50:39
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2865
:
SENATE TRANS. & HOUSING COMMITTEE: 7-5, 6/26/18
AYES: Beall, Allen, Dodd, Galgiani, McGuire, Skinner, Wiener
NOES: Cannella, Gaines, Morrell, Roth, Vidak
NO VOTE RECORDED: Wieckowski
SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/16/18
AYES: Portantino, Beall, Bradford, Hill, Wiener
NOES: Bates, Nielsen
ASSEMBLY FLOOR: 49-28, 5/30/18 - See last page for vote
DIGEST:
This bill authorizes San Francisco County Transportation Authority (SFCTA) to enter into a cooperative agreement with either the Santa Clara Valley Transportation Authority (VTA) or Bay Area Infrastructure Financing Authority (BAIFA) to conduct, administer, and operate a value pricing high-occupancy toll (HOT) lane program in the City and County San Francisco, as specified.
Existing law:
- Authorizes VTA to operate HOT lanes on two transportation corridors in Santa Clara County with high-occupancy vehicle (HOV) lanes.
- Authorizes VTA, in coordination with the City/County Association of Governments of San Mateo County, to operate HOT lanes in San Mateo County on U.S. 101.
- Specifies that revenues generated by the HOT lanes are available to VTA for the direct expenses related to the operation, maintenance, construction, and administration of the HOT lanes. VTA’s administrative costs are limited to 3% of the revenues.
- Requires any excess revenues generated by the HOT lanes in San Mateo County to be used in the corridor from which the revenues were generated, and dedicates those revenues to:
- The preconstruction, construction, and other related costs of HOV facilities;
- Improvements to the transportation corridor; and,
- Transit service improvement including, but not limited to, support for transit operations in the corridor.
- Authorizes the California Transportation Commission to approve applications from regional transportation agencies to develop and operate HOT lanes and other toll facilities.
- Establishes the Joint Exercise of Powers Act which generally allows two or more public agencies to jointly use their powers in common if they sign a joint powers agreement. Many times, a joint powers agreement creates a new, separate government entity called a joint powers authority.
- Specifies that BAIFA is a joint powers authority created by the Metropolitan Transportation Commission and the Bay Area Toll Authority which is a six-member committee that oversees the planning, financing, construction and operation of freeway express lanes and related transportation projects in the Bay Area.
This bill:
- Authorizes SFCTA, to choose either the BAIFA or VTA to develop, conduct, administer, and operate a value pricing HOT lane program on U.S. 101 and a specified portion of State Route (SR) 280 in the City and County of San Francisco, as prescribed.
- Authorizes SFCTA to review and approve the agreement between VTA and the California Department of Transportation (Caltrans) that addresses the design, construction, maintenance, and operation of the HOT lanes in San Francisco.
- Requires any excess revenues generated by the HOT lanes in San Francisco to be used in the corridor from which the revenues were generated, and dedicates those revenues to:
- The pre-construction, construction, and other related costs of high-occupancy vehicle facilities;
- Improvements to the transportation corridor; and,
- Transit service improvement including, but not limited to, support for transit operations in the corridor.
- Authorizes BAIFA to develop and operate a value pricing program on U.S. 101 and a specified portion of SR 280 in the City and County of San Francisco.
- Provides that if SFCTA selects BAIFA to develop and operate a value pricing HOT lane program, BAIFA is required to coordinate with SFCTA and is subject to final approval of the program by SFCTA, as specified.
- Requires that if BAIFA is to administer a value pricing HOT program on the abovementioned highways, the HOT lanes are to be incorporated into the Bay Area Express Lane facility administered by BAIFA and subject to the program’s requirements, as applicable.
- Requires SFCTA and BAIFA in consultation with Caltrans to develop an expenditure plan for excess revenues if BAIFA is selected to administer a value pricing HOT lane program, as specified.
- Requires, further, excess revenue to be used to benefit the corridor where the revenue is generated pursuant to the approved expenditure plan.
- Provides various definitions for entities identified in this bill.
Comments
- Purpose. According to the author, “In 2013, San Francisco County noted the growing congestion issues along Interstate 280 and Highway 101, and developed the Freeway Corridor Management Study (FCMS) to examine potential improvements. The study extensively evaluated strategies and identified freeway management projects that could prepare the region for an additional 100,000 daily trips on the corridor, including managed express lanes. A unified corridor congestion management program that incorporates these lanes could provide a regional tool to achieve a balanced transportation system that gives buses, carpoolers, and other vehicles improved travel times and reliability between the housing and job centers in San Francisco and the South Bay.”
- Initial HOT Lanes. AB 2032 (Dutra, Chapter 418, Statutes of 2004) authorized VTA to establish HOT lanes on two of the HOV corridors in Santa Clara County in coordination with the Metropolitan Transportation Commission (MTC), the regional transportation planning agency and metropolitan planning organization for the nine-county San Francisco Bay Area, which includes Santa Clara and San Mateo Counties. AB 2032 was introduced and enacted as a result of the positive HOT lane demonstration program implemented on Interstate 15 (I-15) in San Diego County in the late 1990’s. At the time AB 2032 was introduced, the bill was intended to build off of the I-15 project by authorizing several counties to construct HOT lanes in order to continue evaluating the effectiveness of HOT lanes in urban areas. VTA constructed and operates HOT lanes on SR 237 and SR 85/U.S. 101 under the authority granted by AB 2032.
- RM3. Enacted in 2017, SB 595 (Beall, Chapter 650, Statutes of 2017) authorized MTC to place a regional measure (RM3) on the ballot in the nine counties in the Bay Area to increase bridge tolls for a specific set of transportation infrastructure projects. SB 595 also included a provision that authorized VTA to enter into a cooperative agreement with the San Mateo County Association of Governments and the San Mateo County Transportation Authority to administer and operate HOT lanes on U.S. 101 in San Mateo County.
This bill will extend the authority granted in SB 595 by allowing SFCTA to enter into a cooperative agreement with VTA or BAIFA to administer and operate HOT lanes on SR 280 and U.S. 101 in San Francisco County.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee:
- Unknown Caltrans costs to support the development and maintenance of the specified HOT lanes. Caltrans would be reimbursed for its direct costs related to the toll facilities. (State Highway Account)
- Unknown, significant toll revenue gains for Caltrans and regional transportation agencies related to the operation of HOT lanes and other toll facilities. Excess revenues must be used within the corridor from which it was generated or projects that benefit the corridor.
- Unknown, potential costs for the future repair, rehabilitation, or reconstruction of the toll facilities, to the extent the agreement between Caltrans and the sponsoring entity does not provide for reimbursement for those Caltrans expenses.
Bay Area Council
Natural Resources Defense Council
San Francisco County Transportation Authority
SPUR
TransForm
OPPOSITION: (Verified 8/16/18)
None received
ASSEMBLY FLOOR: 49-28, 5/30/18
AYES: Aguiar-Curry, Arambula, Berman, Bloom, Bonta, Burke, Caballero, Calderon, Carrillo, Chau, Chiu, Chu, Cooley, Cooper, Daly, Eggman, Frazier, Friedman, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Levine, Limón, Low, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Santiago, Mark Stone, Thurmond, Ting, Wood, Rendon
NOES: Acosta, Travis Allen, Baker, Bigelow, Brough, Cervantes, Chávez, Chen, Choi, Cunningham, Dahle, Flora, Fong, Gallagher, Gray, Harper, Kiley, Lackey, Maienschein, Mathis, Mayes, Melendez, Obernolte, Patterson, Salas, Steinorth, Voepel, Waldron
NO VOTE RECORDED: Weber
8/18/18 13:55:32
**** END ****
SENATE COMMITTEE ON
Senator Anthony Portantino, Chair
2017 - 2018 Regular Session
AB 2865 (Chiu) - High-occupancy toll lanes: Santa Clara Valley Transportation Authority: Bay Area Infrastructure Financing Authority
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 2865 would authorize the San Francisco County Transportation Authority (SFCTA) to enter into an agreement with either the Santa Clara Valley Transportation Authority (VTA) or the Bay Area Infrastructure Financing Authority (BAIFA) to conduct, administer, and operate a value pricing program on State Highway Route (SR) 101 and SR 280 in the City and County of San Francisco, as specified.
Fiscal Impact:
- Unknown Department of Transportation (Caltrans) costs to support the development and maintenance of the specified high-occupancy-toll (HOT) lanes. Caltrans would be reimbursed for its direct costs related to the toll facilities. (State Highway Account)
- Unknown, significant toll revenue gains for Caltrans and regional transportation agencies related to the operation of HOT lanes and other toll facilities. Excess revenues must be used within the corridor from which it was generated or projects that benefit the corridor.
- Unknown, potential costs for the future repair, rehabilitation, or reconstruction of the toll facilities, to the extent the agreement between Caltrans and the sponsoring entity does not provide for reimbursement for those Caltrans expenses. (See staff comments)
Background:
HOT lanes allow single-occupancy vehicles to use designated High-Occupancy Vehicle (HOV) lanes at certain times of the day for a fee. They are designed to accomplish four main goals: (1) increase the use of HOV lanes; (2) relieve traffic congestion in other lanes; (3) fund new transportation projects; and (4) test the concept of “value pricing programs,” whereby the toll varies depending on the time of day and level of congestion. Another value-pricing model is express lanes, which are toll roads that may allow high-occupancy vehicles to access the lanes for free or at a reduced toll.
Existing law authorizes VTA to operate HOT lanes on two transportation corridors in Santa Clara County with high-occupancy vehicle (HOV) lanes, and also authorizes VTA, in coordination with the City/County Association of Governments of San Mateo County, to operate HOT lanes in San Mateo County on U.S. 101. Revenues generated by these HOT lanes are available to VTA for the direct expenses related to the operation, maintenance, construction, and administration of the HOT lanes. VTA’s administrative costs are limited to 3% of the revenues.
Existing law establishes BAIFA as a joint powers authority, created by the Metropolitan Transportation Commission and the Bay Area Toll Authority, with a six-member committee that oversees the planning, financing, construction and operation of freeway express lanes and related transportation projects in the Bay Area.
Existing law, as enacted by AB 194 (Frazier), Chap. 687/2015, provides general authority for Caltrans and regional transportation agencies to develop and operate HOT lanes or other toll facilities, including value pricing programs and exclusive or preferential lane facilities for public transit or freight, subject to review and approval by the California Transportation Commission (CTC). Each application for the development and operation of toll facilities is subject to review and approval by the CTC after conducting a public hearing, and the proposed project must meet minimum specified eligibility criteria. Toll facilities approved by the CTC must meet other minimum requirements, including an agreement between the sponsoring entity and CHP for all law enforcement matters, and Caltrans that addresses all matters related to design, construction, maintenance, and operation of the toll facility, including liability, financing, repair, rehabilitation, and reconstruction. The sponsoring agency must reimburse Caltrans and CHP for their costs related to the toll facility. Revenues generated by the toll facility would be available to the sponsoring entity for specified direct expenditures, and all remaining “excess” revenues must be used in the corridor from which the revenue was generated pursuant to an expenditure plan developed by the sponsoring agency in consultation with Caltrans.
Proposed Law:
AB 2865 would authorize VTA to conduct, administer, and operate a value pricing program on SR 101 and SR 280 in San Francisco, as specified, in coordination with and subject to approval of the SFCTA. A specified cooperative agreement between VTA and Caltrans regarding the design, construction, maintenance, and operation of the facilities would be subject to review and approval by SFCTA. The agreement must provide for reimbursement to Caltrans and the California Highway Patrol for their costs related to the toll facility.
The bill would require all excess toll revenues (after covering direct expenses related to the operation, enforcement, maintenance, construction, and administration of the program) must be used in the corridor from which the revenues were generated. The revenues could also be used for projects that benefit the corridor for the preconstruction, construction, and other related costs of HOV facilities, transportation corridor improvements, and the improvement of transit service, including support for transit operations pursuant to an expenditure plan adopted by SFCTA.
The bill would also authorize BAIFA to develop and operate a value pricing program on SR 101 and SR 280 in San Francisco, in coordination with SFCTA, as part of the Bay Area Express Lance facility administered by BAIFA. SFCTA must develop an expenditure plan, in consultation with Caltrans and BAIFA, for the use of express lane revenue generated in the corridor, after taking into account direct expenses. Remaining revenues must be used to benefit the corridor in which it was generated pursuant to the expenditure plan.
Related Legislation:
AB 194 (Frazier), Chap. 687/2015, provided general authority for Caltrans and regional transportation agencies to develop and operate HOT lanes or other toll facilities, including value pricing programs and exclusive or preferential lane facilities, subject to review and approval by the CTC.
Staff Comments:
Existing law, through the process specified by AB 194, authorizes specified regional transportation agencies to apply to the CTC for the development and operation of HOT lanes and other toll facilities. This bill would bypass the existing administrative process, and would instead provide explicit statutory authorization for SFCTA to enter into an agreement with either VTA or BAIFA to conduct, administer, and operate a value pricing program on specified corridors in San Francisco.
Staff notes that the process specified in this bill is similar to the AB 194 process, but does not provide for explicit eligibility criteria or a public review and CTC oversight. In addition, this bill does not explicitly require that the agreement between the sponsoring entity and Caltrans include provisions related to liability, financing, repair, rehabilitation, and reconstruction of the toll facility. In addition, this bill allow excess toll revenues to be used for projects that benefit the corridor from which the revenues were generated, including support for transit operations, rather than explicitly requiring the funds be used in the corridor itself. Although the bill requires that the agreement with Caltrans provide for reimbursement for costs related to the toll facility, the department may not be able to fully recover future costs related to repairs, rehabilitation, or reconstruction of the HOT lanes.
Recommended Amendments:
Staff recommends that the bill be amended to require the agreement between Caltrans and the sponsoring entity to explicitly provide for liability, financing, repair, rehabilitation, and reconstruction of the toll facility.
-- END --
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2017 - 2018 Regular
Bill No: AB 2865 Hearing Date: 6/26/2018
Author: | Chiu | ||
Version: | 6/20/2018 Amended | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Manny Leon | ||
SUBJECT: High-occupancy toll lanes: Santa Clara Valley Transportation Authority
DIGEST: This bill authorizes San Francisco County Transportation Authority (SFCTA) to enter into a cooperative agreement with either the Santa Clara Valley Transportation Authority (VTA) or Bay Area Infrastructure Financing Authority (BAIFA) to conduct, administer, and operate a value pricing high-occupancy toll (HOT) lane program in the City and County San Francisco, as specified.
ANALYSIS:
VTA is an independent special district that provides sustainable, accessible, community-focused transportation options that are innovative, environmentally responsible, and promote economic vitality within region.
VTA provides bus, light rail, and paratransit services, as well as participates as a funding partner in regional rail service including Caltrain, Capital Corridor, and the Altamont Corridor Express. As the county’s congestion management agency, VTA is responsible for countywide transportation planning, including congestion management, design and construction of specific highway, pedestrian, and bicycle improvement projects, as well as promotion of transit oriented development.
VTA provides these services throughout the county, including the municipalities of Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Palo Alto, San Jose, Santa Clara, Saratoga and Sunnyvale. Furthermore, VTA continually builds partnerships to deliver transportation solutions that meet the evolving mobility needs of Santa Clara County.
Existing law:
- Authorizes VTA to operate HOT lanes on two transportation corridors in Santa Clara County with high-occupancy vehicle (HOV) lanes.
- Authorizes VTA, in coordination with the City/County Association of Governments of San Mateo County, to operate HOT lanes in San Mateo County on U.S. 101.
- Specifies that revenues generated by the HOT lanes are available to VTA for the direct expenses related to the operation, maintenance, construction, and administration of the HOT lanes. VTA’s administrative costs are limited to 3% of the revenues.
- Requires any excess revenues generated by the HOT lanes in San Mateo County to be used in the corridor from which the revenues were generated, and dedicates those revenues to:
- The preconstruction, construction, and other related costs of HOV facilities;
- Improvements to the transportation corridor; and,
- Transit service improvement including, but not limited to, support for transit operations in the corridor.
- The preconstruction, construction, and other related costs of HOV facilities;
- Authorizes the California Transportation Commission (CTC) to approve applications from regional transportation agencies to develop and operate HOT lanes and other toll facilities.
- Establishes the Joint Exercise of Powers Act which generally allows two or more public agencies to jointly use their powers in common if they sign a joint powers agreement. Many times, a joint powers agreement creates a new, separate government entity called a joint powers authority.
- BAIFA is a joint powers authority created by the Metropolitan Transportation Commission and the Bay Area Toll Authority which is a six-member committee that oversees the planning, financing, construction and operation of freeway express lanes and related transportation projects in the Bay Area.
This bill:
- Authorizes SFCTA, to choose either the BAIFA or VTA to develop, conduct, administer, and operate a value pricing HOT lane program on U.S. 101 and a specified portion of State Route (SR) 280 in the City and County of San Francisco, as prescribed.
- Authorizes SFCTA to review and approve the agreement between VTA and the California Department of Transportation (Caltrans) that addresses the design, construction, maintenance, and operation of the HOT lanes in San Francisco.
- Requires any excess revenues generated by the HOT lanes in San Francisco to be used in the corridor from which the revenues were generated, and dedicates those revenues to:
- The pre-construction, construction, and other related costs of high-occupancy vehicle facilities;
- Improvements to the transportation corridor; and,
- Transit service improvement including, but not limited to, support for transit operations in the corridor.
- Authorizes BAIFA to develop and operate a value pricing program on U.S. 101 and a specified portion of SR 280 in the City and County of San Francisco.
- Provides that if SFCTA selects BAIFA to develop and operate a value pricing HOT lane program, BAIFA is required to coordinate with SFCTA and is subject to final approval of the program by SFCTA, as specified.
- Requires that if BAIFA is to administer a value pricing HOT program on the abovementioned highways, the HOT lanes are to be incorporated into the Bay Area Express Lane facility administered by BAIFA and subject to the program’s requirements, as applicable.
- Requires SFCTA and BAIFA in consultation with Caltrans to develop an expenditure plan for excess revenues if BAIFA is selected to administer a value pricing HOT lane program, as specified.
- Further requires excess revenue to be used to benefit the corridor where the revenue is generated pursuant to the approved expenditure plan.
- Provides various definitions for entities identified in this bill.
COMMENTS
- Purpose. According to the author, “In 2013, San Francisco County noted the growing congestion issues along Interstate 280 and Highway 101, and developed the Freeway Corridor Management Study (FCMS) to examine potential improvements. The study extensively evaluated strategies and identified freeway management projects that could prepare the region for an additional 100,000 daily trips on the corridor, including managed express lanes. A unified corridor congestion management program that incorporates these lanes could provide a regional tool to achieve a balanced transportation system that gives buses, carpoolers, and other vehicles improved travel times and reliability between the housing and job centers in San Francisco and the South Bay.”
- Initial HOT Lanes. AB 2032 (Dutra) Chapter 418, Statutes of 2004, authorized VTA to establish HOT lanes on two of the HOV corridors in Santa Clara County in coordination with the Metropolitan Transportation Commission (MTC), the regional transportation planning agency and metropolitan planning organization for the nine-county San Francisco Bay Area, which includes Santa Clara and San Mateo Counties. AB 2032 was introduced and enacted as a result of the positive HOT lane demonstration program implemented on Interstate 15 (I-15) in San Diego County in the late 1990’s. At the time AB 2032 was introduced, the bill was intended to build off of the I-15 project by authorizing several counties to construct HOT lanes in order to continue evaluating the effectiveness of HOT lanes in urban areas. VTA constructed and operates HOT lanes on State Route 237 and State Route 85/U.S. 101 under the authority granted by AB 2032.
- RM3. Enacted in 2017, SB 595 (Beall) Chapter 650, Statutes of 2017, authorized MTC to place a regional measure (RM3) on the ballot in the nine counties in the Bay Area to increase bridge tolls for a specific set of transportation infrastructure projects. SB 595 also included a provision that authorized VTA to enter into a cooperative agreement with the San Mateo County Association of Governments and the San Mateo County Transportation Authority to administer and operate HOT lanes on U.S. 101 in San Mateo County.
This bill will extend the authority granted in SB 595 by allowing SFCTA to enter into a cooperative agreement with VTA or BAIFA to administer and operate HOT lanes on State Route 280 and U.S. 101 in San Francisco County.
Related Legislation:
SB 595 (Beall, Chapter 650, Statutes of 2017) — required the City and County of San Francisco and the other eight Bay Area counties to conduct a special election to increase the toll rate charged on state-owned bridges within the region, otherwise known as RM3.
AB 2032 (Dutra, Chapter 418, Statutes of 2004) — established a demonstration program and authorized several counties within the state to construct and operate HOT lanes on certain highways.
Assembly votes:
Floor: 49-28
Approps: 12-4
Trans: 10-4
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
POSITIONS: (Communicated to the committee before noon on Wednesday,
June 20, 2018.)
SUPPORT:
Natural Resources Defense Council
San Francisco County Transportation Authority
SPUR
TransForm
OPPOSITION:
None received.
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 2865
Author:(Chiu)
As Amended Ver:April 16, 2018
Majority vote
Committee | Votes | Ayes | Noes |
Transportation | 10-4 | Frazier, Aguiar-Curry, Berman, Chu, Daly, Friedman, Gipson, Medina, Nazarian, O'Donnell | Fong, Baker, Harper, Mathis |
Appropriations | 12-4 | Gonzalez Fletcher, Bloom, Bonta, Calderon, Carrillo, Chau, Eggman, Friedman, Eduardo Garcia, Nazarian, Quirk, Reyes | Bigelow, Fong, Gallagher, Obernolte |
SUMMARY: Authorizes the Santa Clara Valley Transportation Authority (VTA) to conduct, administer, and operate a value pricing program or high-occupancy toll (HOT) lanes in the City and County San Francisco. Specifically, this bill:
- Authorizes VTA, in coordination with the San Francisco County Transportation Authority (SFCTA), to conduct, administer, and operate a value pricing program or HOT lanes in the City and County of San Francisco on State Route (SR) 101 and SR 280 north of its junction with SR 101.
- Authorizes SFCTA to review and approve the agreement between VTA and the California Department of Transportation that addresses the design, construction, maintenance, and operation of the HOT lanes in San Francisco.
- Requires any excess revenues generated by the HOT lanes in San Francisco to be used in the corridor from which the revenues were generated, and dedicates those revenues to:
- The pre-construction, construction, and other related costs of high-occupancy vehicle facilities;
- Improvements to the transportation corridor; and,
- Transit service improvement including, but not limited to, support for transit operations in the corridor.
FISCAL EFFECT: According to the Assembly Appropriations Committee, unknown costs to the California Department of Transportation (Caltrans), likely in the tens of millions of dollars, for work that is required or requested related to the construction of the extended HOT lanes. These costs would be reimbursed, either partially or fully by VTA with local funds. The extent of the reimbursement depends on project-specific funding agreements negotiated between Caltrans and VTA.
COMMENTS: Current law authorizes a number of public agencies to operate toll facilities in this state. These facilities include state-owned toll bridges, local toll bridge districts, public toll roads, and HOT or "managed" lanes. Specifically, AB 2032 (Dutra), Chapter 418, Statutes of 2004, authorized VTA and a number of other regional agencies to construct high-occupancy vehicle lanes and convert them to HOT lanes. HOT lanes are high-occupancy vehicle lanes in which the administering agency sells any extra capacity to toll-paying single-occupant vehicles. AB 2032 declared the Legislature's intent that these HOT lanes increase efficiency of the transportation system by taking advantage of existing capacity without forfeiting the congestion mitigation and air quality benefits provided by high-occupancy vehicle lanes.
HOT lanes typically employ a pricing method known as value pricing or congestion pricing. Under this scheme, the amount of the toll varies in accordance with the level of congestion in that particular lane. When congestion increases, so too will the toll amount. As the price to use the lane goes up, fewer people presumably will choose to use it, thereby reducing demand for the facility and maintaining free-flow travel conditions. With this mechanism, an agency can attempt to ensure that operation of the toll facility does not undermine the intended benefits of promoting carpooling with access to the faster high-occupancy vehicle lane.
In 2011, AB 1105 (Gordon), Chapter 114, Statutes of 2011, authorized VTA to extend its HOT lane on SR 101 into San Mateo County, subject to an agreement with the City/County Association of Governments in that county. Seeking a solution to the congestion along this corridor, both counties agreed that implementing HOT lanes could ensure a smooth, efficient transition for traffic at both ends of the existing high-occupancy vehicle lanes.
This bill continues with this logic, as SR 101 does not end at the San Mateo County line but continues north into San Francisco. Seeking to identify solutions to its own congestion woes, SFCTA developed a freeway corridor management study in 2013 for SRs 101 and 280. Through this study, SFCTA has concluded that a comprehensive solution may involve connecting to the HOT lane corridor in the counties to the south. This bill creates the opportunity to enable this connection by sharing the existing authority with VTA to operate HOT lanes along these highways.
According to the author, a unified corridor congestion management program could provide a regional tool to achieve a balanced transportation system that gives buses, carpoolers, and other vehicles in the lane improved travel times and reliability between the housing and job centers in San Francisco and the South Bay.
Committee Comment: For many years, regions came to the Legislature for the express authority to operate toll facilities, typically one bill at a time, and through this process created a patchwork of rules applying to various locales. AB 194 (Frazier), Chapter 687, Statutes of 2015, expanded the potential for toll facilities in California by granting the California Transportation Commission (CTC) broad, indefinite authority to review and approve toll facility applications submitted by regional transportation agencies, and thereby eliminated the need for legislation to authorizes the operation of HOT lanes. AB 194 built on the authority previously granted to regional transportation agencies and is consistent with protocols that have evolved to guide development of HOT lane programs.
Given the streamlined process created by AB 194, it seems that SFCTA could approach the CTC for its own tolling authority instead of pursuing the authority in this bill. It makes some sense, however, for SFCTA to rely on VTA to construct and operate the HOT lane facility on their behalf given VTA's existing experience with the process and the corridor.
Please see the policy committee analysis for full discussion of this bill.
Analysis Prepared by: Eric Thronson / TRANS. / (916) 319-2093 FN: 0003072
Date of Hearing: May 2, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 2865
Author:(Chiu) – As Amended Ver:April 16, 2018
Policy Committee: | Transportation | Vote: | 10 - 4 |
|
| ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill authorizes the Santa Clara Valley Transportation Authority (VTA) to extend value pricing high-occupancy toll (HOT) lanes into the City and County San Francisco on State Route (SR) 101 and SR 280. This bill allows VTA to administer and operate those HOT lanes after they are constructed.
FISCAL EFFECT:
Unknown costs to the California Department of Transportation (Caltrans), likely in the tens of millions of dollars, for work that is required or requested related to the construction of the extended HOT lanes. These costs would be reimbursed, either partially or fully by VTA with local funds. The extent of the reimbursement depends on project-specific funding agreements negotiated between Caltrans and VTA.
COMMENTS:
- Background. In 2011, AB 1105 (Gordon), Chapter 114, Statutes of 2011, authorized VTA to extend its HOT lane on SR 101 into San Mateo County, subject to an agreement with the City and County Association of Governments in that county.
- Purpose. This bill allows VTA to extend HOT lanes further north into San Francisco. According to the author:
A unified corridor congestion management program could provide a regional tool to achieve a balanced transportation system that gives buses, carpoolers, and other vehicles in the lane improved travel times and reliability between the housing and job centers in San Francisco and the South Bay.
Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081
Date of Hearing: April 23, 2018
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
ABPCA Bill Id:AB 2865 (
Author:Chiu) – As Amended Ver:April 16, 2018
SUBJECT: High-occupancy toll lanes: Santa Clara Valley Transportation Authority
SUMMARY: Authorizes the Santa Clara Valley Transportation Authority (VTA) to conduct, administer, and operate a value pricing program or high-occupancy toll (HOT) lanes in the City and County San Francisco. Specifically, this bill:
- Authorizes VTA, in coordination with the San Francisco County Transportation Authority (SFCTA), to conduct, administer, and operate a value pricing program or HOT lanes in the City and County of San Francisco on State Route (SR) 101 and SR 280 north of its junction with SR 101.
- Authorizes SFCTA to review and approve the agreement between VTA and the California Department of Transportation that addresses the design, construction, maintenance, and operation of the HOT lanes in San Francisco.
- Requires any excess revenues generated by the HOT lanes in San Francisco to be used in the corridor from which the revenues were generated, and dedicates those revenues to:
- The pre-construction, construction, and other related costs of high-occupancy vehicle facilities;
- Improvements to the transportation corridor; and,
- Transit service improvement including, but not limited to, support for transit operations in the corridor.
- The pre-construction, construction, and other related costs of high-occupancy vehicle facilities;
EXISTING LAW:
- Authorizes VTA to operate HOT lanes on either two transportation corridors in Santa Clara County with high-occupancy vehicle lanes.
- Authorizes VTA, in coordination with the City/County Association of Governments of San Mateo County, to operate HOT lanes in San Mateo County on SR 101.
- Specifies that revenues generated by the HOT lanes are available to VTA for the direct expenses related to the operation, maintenance, construction, and administration of the HOT lanes. VTA’s administrative costs are limited to 3% of the revenues.
- Requires any excess revenues generated by the HOT lanes in San Mateo County to be used in the corridor from which the revenues were generated, and dedicates those revenues to:
- The preconstruction, construction, and other related costs of high-occupancy vehicle facilities;
- Improvements to the transportation corridor; and,
- Transit service improvement including, but not limited to, support for transit operations in the corridor.
- The preconstruction, construction, and other related costs of high-occupancy vehicle facilities;
- Authorizes the California Transportation Commission (CTC) to approve applications from regional transportation agencies to develop and operate HOT lanes and other toll facilities.
FISCAL EFFECT: Unknown
COMMENTS: Current law authorizes a number of public agencies to operate toll facilities in this state. These facilities include state-owned toll bridges, local toll bridge districts, public toll roads, and HOT or “managed” lanes. Specifically, AB 2032 (Dutra), Chapter 418, Statutes of 2004, authorized VTA and a number of other regional agencies to construct high-occupancy vehicle lanes and convert them to HOT lanes. HOT lanes are high-occupancy vehicle lanes in which the administering agency sells any extra capacity to toll-paying single-occupant vehicles. AB 2032 declared the Legislature’s intent that these HOT lanes increase efficiency of the transportation system by taking advantage of existing capacity without forfeiting the congestion mitigation and air quality benefits provided by high-occupancy vehicle lanes.
HOT lanes typically employ a pricing method known as value pricing or congestion pricing. Under this scheme, the amount of the toll varies in accordance with the level of congestion in that particular lane. When congestion increases, so too will the toll amount. As the price to use the lane goes up, fewer people presumably will choose to use it, thereby reducing demand for the facility and maintaining free-flow travel conditions. With this mechanism, an agency can attempt to ensure that operation of the toll facility does not undermine the intended benefits of promoting carpooling with access to the faster high-occupancy vehicle lane.
In 2011, AB 1105 (Gordon), Chapter 114, Statutes of 2011, authorized VTA to extend its HOT lane on SR 101 into San Mateo County, subject to an agreement with the City/County Association of Governments in that county. Seeking a solution to the congestion along this corridor, both counties agreed that implementing HOT lanes could ensure a smooth, efficient transition for traffic at both ends of the existing high-occupancy vehicle lanes.
This bill continues with this logic, as SR 101 does not end at the San Mateo County line but continues north into San Francisco. Seeking to identify solutions to its own congestion woes, SFCTA developed a freeway corridor management study in 2013 for SRs 101 and 280. Through this study, SFCTA has concluded that a comprehensive solution may involve connecting to the HOT lane corridor in the counties to the south. This bill creates the opportunity to enable this connection by sharing the existing authority with VTA to operate HOT lanes along these highways.
According to the author, a unified corridor congestion management program could provide a regional tool to achieve a balanced transportation system that gives buses, carpoolers, and other vehicles in the lane improved travel times and reliability between the housing and job centers in San Francisco and the South Bay.
Committee Comment: For many years, regions came to the Legislature for the express authority to operate toll facilities, typically one bill at a time, and through this process created a patchwork of rules applying to various locales. AB 194 (Frazier), Chapter 687, Statutes of 2015, expanded the potential for toll facilities in California by granting the CTC broad, indefinite authority to review and approve toll facility applications submitted by regional transportation agencies, and thereby eliminated the need for legislation to authorizes the operation of HOT lanes. AB 194 built on the authority previously granted to regional transportation agencies and is consistent with protocols that have evolved to guide development of HOT lane programs.
Given the streamlined process created by AB 194, it seems that SFCTA could approach the CTC for its own tolling authority instead of pursuing the authority in this bill. It makes some sense, however, for SFCTA to rely on VTA to construct and operate the HOT lane facility on their behalf given VTA’s existing experience with the process and the corridor.
Previous Legislation: AB 194 (Frazier), Chapter 687, Statutes of 2015, authorized CTC to approve applications from regional transportation agencies to develop and operate HOT lanes and other toll facilities.
AB 1105 (Gordon), Chapter 114, Statutes of 2011, authorized a HOT lane established on SR 101 in Santa Clara County to extend into San Mateo County, under certain conditions.
AB 574 (Torrico), Chapter 498, Statutes of 2007, authorized VTA and other specific agencies to operate HOT lanes indefinitely.
AB 2032 (Dutra), Chapter 418, Statutes of 2004, authorized VTA to construct HOV lanes and convert them to HOT lanes. Other HOT lane facilities were also specifically authorized.
REGISTERED SUPPORT / OPPOSITION:
Support
Natural Resources Defense Council
San Francisco County Transportation Authority
SPUR
TransForm
Opposition
None on file
Analysis Prepared by: Eric Thronson / TRANS. / (916) 319-2093
Bill Author
Bill Co-Author(s):