Existing law provides for the exemption of authorized emergency vehicles, as defined, from the payment of a toll or charge on a vehicular crossing, toll highway, or high-occupancy toll (HOT) lane and any related fines, when the authorized emergency vehicle is being driven under specified conditions, including, among others, the vehicle is displaying public agency identification and driven while responding to or returning from an urgent or emergency call. Existing law provides procedures for an operator of a toll facility and a public agency to resolve certain disputes relating to the nonpayment of tolls. Existing law allows for agreements between the owner or operator of a toll facility and a local emergency service provider that establish terms for the use of the toll facility by the emergency service provider. Existing law prohibits a person from operating a privately owned emergency ambulance unless licensed by the Department of the California Highway Patrol.

This bill would generally modify the exemption to apply to the use of a toll facility, as defined, and would expand the exemption, dispute resolution procedures, and agreement provisions to include a privately owned emergency ambulance licensed by the Department of the California Highway Patrol. The bill would also make technical changes to these provisions.

Existing law provides for the exemption of authorized emergency vehicles, as defined, from the payment of a toll or charge on a vehicular crossing, toll highway, or high-occupancy toll (HOT) lane and any related fines, when the authorized emergency vehicle is being driven under specified conditions, including, among others, the vehicle is displaying public agency identification and driven while responding to or returning from an urgent or emergency call. Existing law provides procedures for an operator of a toll facility and a public agency to resolve certain disputes relating to the nonpayment of tolls. Existing law allows for agreements between the owner or operator of a toll facility and a local emergency service provider that establish terms for the use of the toll facility by the emergency service provider. Existing law prohibits a person from operating a privately owned emergency ambulance unless licensed by the Department of the California Highway Patrol.

This bill would generally modify the exemption to be for apply to the use of a toll facility, as defined, and would expand the exemption and exemption, dispute resolution procedures procedures, and agreement provisions to include a privately owned emergency ambulance licensed by the Department of the California Highway Patrol. The bill would also make technical changes to these provisions.

Existing law provides for the exemption of authorized emergency vehicles, as defined, from the payment of a toll or charge on a vehicular crossing, toll highway, or high-occupancy toll (HOT) lane and any related fines, when the authorized emergency vehicle is being driven under specified conditions, including, among others, the vehicle is displaying public agency identification and driven while responding to or returning from an urgent or emergency call, engaged in an urgent or emergency response, or engaging in a fire station coverage assignment directly related to an emergency response. Existing law requires a toll operator to accept, in lieu of payment of a bill for an authorized emergency vehicle using a toll facility, a letter from a fire chief, police chief, county sheriff, head of a public agency, or his or her designee certifying that the use of the authorized emergency vehicle was exempt from the payment of the toll or other charge. Existing law further requires, upon written request and information and belief of the toll operator that the use of an authorized emergency vehicle was not in compliance with this section, a fire chief, police chief, county sheriff, head of the public agency, or his or her designee, to provide or otherwise make accessible to the toll operator the dispatch records or log books relevant to the time period when the authorized emergency vehicle was in use on the toll highway, vehicular crossing, or high-occupancy toll (HOT) lane. call. Existing law provides procedures for an operator of a toll facility and a public agency to resolve certain disputes relating to the nonpayment of tolls. Existing law prohibits a person from operating a privately owned emergency ambulance unless licensed by the Department of the California Highway Patrol.

This bill would generally modify the exemption to be for the use of a toll facility, as defined, and expand the exemption from the payment of a toll or charge on a vehicular crossing, toll highway, or high-occupancy toll (HOT) lane and any related fines under these conditions and dispute resolution procedures to include a privately owned emergency ambulance licensed by the Department of the California Highway Patrol. The bill would also make technical changes to these provisions.

Existing law provides for the exemption of authorized emergency vehicles, as defined, from the payment of a toll or charge on a vehicular crossing, toll highway, or high-occupancy toll (HOT) lane and any related fines, when the authorized emergency vehicle is being driven while responding to or returning from an urgent or emergency call, engaged in an urgent or emergency response, or engaging in a fire station coverage assignment directly related to an emergency response. Existing law requires a toll operator to accept, in lieu of payment of a bill for an authorized emergency vehicle using a toll facility, a letter from a fire chief, police chief, county sheriff, head of a public agency, or his or her designee certifying that the use of the authorized emergency vehicle was exempt from the payment of the toll or other charge. Existing law further requires, upon written request and information and belief of the toll operator that the use of an authorized emergency vehicle was not in compliance with this section, a fire chief, police chief, county sheriff, head of the public agency, or his or her designee, to provide or otherwise make accessible to the toll operator the dispatch records or log books relevant to the time period when the authorized emergency vehicle was in use on the toll highway, vehicular crossing, or high-occupancy toll (HOT) lane. Existing law prohibits a person from operating a privately owned emergency ambulance unless licensed by the California Highway Patrol.

This bill would expand the exemption from the payment of a toll or charge on a vehicular crossing, toll highway, or high-occupancy toll (HOT) lane and any related fines under these conditions to include a privately owned emergency ambulance licensed by the California Highway Patrol.

GOVERNOR'S VETO

GV Bill Id:AB 697

Author:(Fong)

As Enrolled Ver:September 4, 2018

2/3 vote

Original Committee Reference: TRANS.

SUMMARY: Exempts privately owned emergency ambulances, as defined, from requirements to pay tolls, under conditions similar to exemptions already granted for authorized emergency vehicles; defines "private ambulance" to mean a privately owned emergency ambulance licensed by the California Highway Patrol (CHP).

The Senate amendments restructure provisions of the bill without altering the effect - that is, to grant privately owned emergency ambulances access to toll facilities free of charge, under certain circumstances.

EXISTING LAW:

1. Makes it unlawful for any person to refuse to pay tolls or other charges on any vehicular crossing or toll highway. Entering any vehicular crossing without either lawful money or other electronic toll payment device associated with a valid automatic vehicle identification account (and a balance sufficient to pay the tolls) is prima facie evidence of a toll evasion violation.
2. Exempts authorized emergency vehicles from requirements to pay tolls, under certain conditions, including:
   1. The authorized emergency vehicle is properly displaying an exempt California license plate, and is properly identified or marked as an authorized emergency vehicle, including, but not limited to, displaying an external surface-mounted red warning light, blue warning light, or both, and displaying public agency identification, including, but not limited to, "Fire Department," "Sheriff," or "Police;" and,
   2. The vehicle is being driven while responding to or returning from an urgent or emergency call (as defined), engaging in an urgent or emergency response, or engaging in a fire station coverage assignment directly related to an emergency response. However, authorized emergency vehicles are not exempt from paying tolls on high-occupancy toll lanes when returning from an urgent or emergency call.
3. Prescribes a process whereby heads of public agencies can satisfy a toll bill or invoice by justifying an urgent or emergency response.
4. Specifically stipulates that an authorized emergency vehicle is not exempt from the requirement to pay tolls if it does not comply with the prescribed conditions warranting an exemption.
5. Authorizes toll facility operators to enter into agreements with emergency service providers to set forth mutually agreed upon terms for the providers' use of the toll facility.
6. Prohibits any person from operating a privately owned emergency ambulance until licensed by the CHP.

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

COMMENTS: AB 254 (Jeffries), Chapter 425, Statutes of 2009, originally exempted authorized emergency vehicles from requirements to pay tolls. AB 254 addressed a situation that arose when fire fighters from across the state traveled to Southern California to battle wildfires and were charged tolls. Local fire departments generally had agreements with the toll operators that alleviated the need for them to pay tolls but the agreements did not apply to fire departments from other areas of the state.

The author introduced this bill, on behalf of the California Ambulance Association (CAA), to provide uniformity in the way both public agency ambulances and privately owned ambulances are subject to toll charges. The author asserts that most ambulances in California are owned and operated by private companies that offer life-saving service at far less cost than government entities. Consequently, he believes privately owned ambulances should receive the same exemptions from toll charges so they can continue to use the most effective routes without being penalized. Furthermore, while toll operators already have the authority to enter into agreements with local ambulance companies, these agreements do not generally apply to ambulance companies from outside the area.

Writing in support of this bill, CAA asserts that this bill will ensure private ambulance companies are not encumbered with the toll costs when using the most efficient routes on emergency calls.

The manner in which toll operators in California address the use of their facilities by privately owned ambulances varies. For example, the Transportation Corridor Agencies, the operator of an expansive network of toll roads in Orange County, suggests that this bill would not have any impact on its operations because it already applies the existing exemption for emergency vehicles to privately owned ambulances. The Riverside County Transportation Commission, on the other hand, only grants exemptions to California Highway Patrol and local fire departments.

According to the CHP, it licenses about 4,000 ambulances (operated by 148 privately owned ambulance companies) in California. CAA reports that, collectively, tolls costs these companies about $2.5 million annually.

Please see the policy committee analysis for full discussion of this bill.

GOVERNOR'S VETO MESSAGE:

This bill exempts privately owned emergency ambulances from tolls when engaged in an urgent or emergency response.

Under existing law, the exemption sought by this bill can be granted by toll facility authorities and no evidence has been presented to show why the state should now step in.

Analysis Prepared by: Eric Thronson / TRANS. / (916) 319-2093 FN: 0005232

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 697

Author:(Fong)

As Amended Ver:June 12, 2017

Majority vote

Original Committee Reference: TRANS.

SUMMARY: Exempts privately owned emergency ambulances, as defined, from requirements to pay tolls, under conditions similar to exemptions already granted for authorized emergency vehicles; defines "private ambulance" to mean a privately owned emergency ambulance licensed by the California Highway Patrol (CHP).

The Senate amendments restructure provisions of the bill without altering the effect - that is, to grant privately owned emergency ambulances access to toll facilities free of charge, under certain circumstances.

EXISTING LAW:

1. Makes it unlawful for any person to refuse to pay tolls or other charges on any vehicular crossing or toll highway. Entering any vehicular crossing without either lawful money or other electronic toll payment device associated with a valid automatic vehicle identification account (and a balance sufficient to pay the tolls) is prima facie evidence of a toll evasion violation.
2. Exempts authorized emergency vehicles from requirements to pay tolls, under certain conditions, including:
   1. The authorized emergency vehicle is properly displaying an exempt California license plate, and is properly identified or marked as an authorized emergency vehicle, including, but not limited to, displaying an external surface-mounted red warning light, blue warning light, or both, and displaying public agency identification, including, but not limited to, "Fire Department," "Sheriff," or "Police;" and,
   2. The vehicle is being driven while responding to or returning from an urgent or emergency call (as defined), engaging in an urgent or emergency response, or engaging in a fire station coverage assignment directly related to an emergency response. However, authorized emergency vehicles are not exempt from paying tolls on high-occupancy toll lanes when returning from an urgent or emergency call.
3. Prescribes a process whereby heads of public agencies can satisfy a toll bill or invoice by justifying an urgent or emergency response.
4. Specifically stipulates that an authorized emergency vehicle is not exempt from the requirement to pay tolls if it does not comply with the prescribed conditions warranting an exemption.
5. Authorizes toll facility operators to enter into agreements with emergency service providers to set forth mutually agreed upon terms for the providers' use of the toll facility.
6. Prohibits any person from operating a privately owned emergency ambulance until licensed by the CHP.

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

COMMENTS: AB 254 (Jeffries), Chapter 425, Statutes of 2009, originally exempted authorized emergency vehicles from requirements to pay tolls. AB 254 addressed a situation that arose when fire fighters from across the state traveled to Southern California to battle wildfires and were charged tolls. Local fire departments generally had agreements with the toll operators that alleviated the need for them to pay tolls but the agreements did not apply to fire departments from other areas of the state.

The author introduced this bill, on behalf of the California Ambulance Association (CAA), to provide uniformity in the way both public agency ambulances and privately owned ambulances are subject to toll charges. The author asserts that most ambulances in California are owned and operated by private companies that offer life-saving service at far less cost than government entities. Consequently, he believes privately owned ambulances should receive the same exemptions from toll charges so they can continue to use the most effective routes without being penalized. Furthermore, while toll operators already have the authority to enter into agreements with local ambulance companies, these agreements do not generally apply to ambulance companies from outside the area.

Writing in support of this bill, CAA asserts that AB 697 will ensure private ambulance companies are not encumbered with the toll costs when using the most efficient routes on emergency calls.

The manner in which toll operators in California address the use of their facilities by privately owned ambulances varies. For example, the Transportation Corridor Agencies, the operator of an expansive network of toll roads in Orange County, suggests that this bill would not have any impact on its operations because it already applies the existing exemption for emergency vehicles to privately owned ambulances. The Riverside County Transportation Commission, on the other hand, only grants exemptions to California Highway Patrol and local fire departments.

According to the CHP, it licenses about 4,000 ambulances (operated by 148 privately owned ambulance companies) in California. CAA reports that, collectively, tolls costs these companies about $2.5 million annually.

Please see the policy committee analysis for full discussion of this bill.

Analysis Prepared by: Janet Dawson / TRANS. / (916) 319-2093 FN: 0002376

 THIRD READING  

Bill No: AB 697

Author:

:

Vote:

SENATE TRANS. & HOUSING COMMITTEE: 11-0, 6/27/17

AYES: Beall, Cannella, Allen, Atkins, Bates, Gaines, Mendoza, Morrell, Roth, Skinner, Wiener

NO VOTE RECORDED: McGuire, Wieckowski

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 76-0, 5/4/17 (Consent) - See last page for vote

SUBJECT:

SOURCE: California Ambulance Association

DIGEST:

This bill exempts privately owned emergency ambulances from tolls.

ANALYSIS:

Existing law:

1. Exempts an authorized emergency vehicle from any requirement to pay a toll or other charge on a toll bridge, toll highway, or high-occupancy toll (HOT) lane, if all the following conditions are satisfied:
   1. The vehicle properly displays an exempt California license plate and is properly identified or marked as an authorized emergency vehicle, including but not limited to display of an external surface-mounted red warning light, blue warning light, or both, and display of public agency identification including but not limited to “Fire Department,” “Sheriff,” or “Police.”
   2. The vehicle is being driven while responding to or returning from an urgent or emergency call, engaging in an urgent or emergency response, or engaging in a fire station coverage assignment directly related to an emergency response.
2. Provides that an authorized emergency vehicle being used for personal use, training, or administrative purposes, is not exempt from any tolls.
3. Prescribes a process whereby heads of public agencies can satisfy a toll bill or invoice by justifying an urgent or emergency response.
4. Authorizes toll facility operators to enter into agreements with emergency services providers in relation to providers’ use of the toll facility.

This bill includes privately owned emergency ambulances in the toll exemption for authorized emergency vehicles.

Comments

1. Purpose. The author states that existing law, which requires ambulances operated by private companies to pay tolls, increases the cost of emergency response. This bill will provide uniform applicability of toll exemptions for all emergency response vehicles, including ambulances operated by private companies. The author states that ultimately, this bill is about helping to save lives and what is best for the public. All emergency responders, whether public or private, should be able to use the best and most efficient route to serve the public during emergencies.
2. Existing HOV and HOT lane exemptions. Existing law allows authorized emergency vehicles to use high-occupancy vehicle (HOV) lanes (e.g., carpool lanes) when responding to or returning from an emergency call. Privately owned ambulances that are licensed by the California Highway Patrol (CHP) to operate as authorized emergency vehicles are included in this exemption, but privately owned ambulances that simply transport patients to facilities and treatment are not.

Existing law exempts authorized emergency vehicles from toll bridges, toll highways, and HOT lanes; however, no private ambulances are included in this exemption. Although this bill expands the toll exemption only to private ambulances that are responding to or returning from an emergency call, it does not explicitly exclude private ambulances that are not licensed by the CHP as authorized emergency vehicles. Because it could be difficult for an officer or toll authority to know whether a vehicle is responding to or returning from an emergency without actually pulling them over to ask, this bill would likely result in all private ambulances being exempted from tolls.

1. Why aren’t private ambulances already exempted from tolls? AB 254 (Jeffries, Chapter 425, Statutes of 2009) established toll exemptions for authorized emergency vehicles. The intent of this bill was to help firefighters who traveled to Southern California to battle wildfires and were charged tolls. Although local fire departments generally had agreements with toll operators that exempted them from tolls, the agreements did not apply to fire departments from other parts of the state. The California Ambulance Association (CAA), sponsor of this bill, states that similarly, local toll agreements do not tend to include privately owned ambulances.
2. Who pays? The CAA states that if this bill passes, “private ambulance companies will not be encumbered with toll costs that are unreimbursed.” CAA further states that “granting toll exemptions to emergency responding private ambulances is an insignificant impact on the toll facilities,” reporting that tolls cost these companies a total of about $2.5 million annually. Different toll agencies treat private ambulances differently. The Transportation Corridor Agencies (TCA), operator of the toll road network in Orange County, already exempts privately owned ambulances from tolls, so this bill would not impact TCA’s toll revenues. The Riverside County Transportation Commission (RCTC), on the other hand, only exempts CHP and local fire department from its tolls and therefore would be impacted by this bill. RCTC was initially opposed to this bill, but removed its opposition based on the June 12^th amendments, which provide more flexibility to toll operators in how to communicate with private ambulance operators.

Related/Prior Legislation

SB 406 (Leyva, 2017) allows blood transport vehicles to use HOV lanes, regardless of occupancy, while in the process of transporting blood products. The bill is pending on the Assembly Floor.

AB 497 (Block, 2009) would have allowed physicians, when traveling in response to an emergency call, to access HOV lanes, regardless of occupancy. The bill failed passage in the Senate Transportation and Housing Committee.

AB 670 (B. Berryhill, 2009) would have permitted a veteran or active duty member of the United States Armed Forces to use HOV lanes, regardless of occupancy. The bill failed passage in the Assembly Transportation Committee.

AB 254 (Jeffries, Chapter 425, Statutes of 2009) exempted authorized emergency vehicles from requirements to pay tolls.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 7/10/17)

California Ambulance Association (source)

American Medical Response

Transportation Corridors Agencies

OPPOSITION: (Verified 7/10/17)

California Professional Firefighters

ARGUMENTS IN SUPPORT: The California Ambulance Association, sponsor of this bill, states that the private ambulance industry is unfairly burdened with additional and unreimbursed costs of using certain roadways in the course of providing essential life-saving first responder services, and that this bill will provide uniform applicability of exemptions from toll roads, bridges, and HOT lanes for all emergency responder vehicles.

ARGUMENTS IN OPPOSITION: The California Professional Firefighters, writing in opposition to this bill, states that the current toll exemption is extended under limited circumstances to authorized public agency personnel who are ultimately accountable to the taxpayer, and that this bill looks past the public interest in favor of a privatized ambulance company’s bottom financial line.

ASSEMBLY FLOOR: 76-0, 5/4/17

AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Travis Allen, Bigelow, Cristina Garcia, Patterson

Prepared by:

7/12/17 11:12:07

**** END ****

SENATE COMMITTEE ON TRANSPORTATION AND HOUSING

Senator Jim Beall, Chair

2017 - 2018 Regular

Bill No: AB 697 Hearing Date: 6/27/2017

SUBJECT: Tolls: exemption for privately owned emergency ambulances.

DIGEST: This bill exempts privately owned emergency ambulances from tolls.

ANALYSIS:

Existing law:

1. Exempts an authorized emergency vehicle from any requirement to pay a toll or other charge on a toll bridge, toll highway, or high-occupancy toll (HOT) lane, if all the following conditions are satisfied:
   1. The vehicle properly displays an exempt California license plate and is properly identified or marked as an authorized emergency vehicle, including but not limited to display of an external surface-mounted red warning light, blue warning light, or both, and display of public agency identification including but not limited to “Fire Department,” “Sheriff,” or “Police.”
   2. The vehicle is being driven while responding to or returning from an urgent or emergency call, engaging in an urgent or emergency response, or engaging in a fire station coverage assignment directly related to an emergency response.
2. Provides that an authorized emergency vehicle being used for personal use, training, or administrative purposes, is not exempt from any tolls.
3. Prescribes a process whereby heads of public agencies can satisfy a toll bill or invoice by justifying an urgent or emergency response.
4. Authorizes toll facility operators to enter into agreements with emergency services providers in relation to providers’ use of the toll facility.

This bill includes privately owned emergency ambulances in the toll exemption for authorized emergency vehicles.

COMMENTS:

1. Purpose. The author states that existing law, which requires ambulances operated by private companies to pay tolls, increases the cost of emergency response. This bill will provide uniform applicability of toll exemptions for all emergency response vehicles, including ambulances operated by private companies. The author states that ultimately, this bill is about helping to save lives and what is best for the public. All emergency responders, whether public or private, should be able to use the best and most efficient route to serve the public during emergencies.
2. Existing HOV and HOT lane exemptions. Existing law allows authorized emergency vehicles to use high-occupancy vehicle (HOV) lanes (e.g., carpool lanes) when responding to or returning from an emergency call. Privately owned ambulances that are licensed by the California Highway Patrol (CHP) to operate as authorized emergency vehicles are included in this exemption, but privately owned ambulances that simply transport patients to facilities and treatment are not.

Existing law exempts authorized emergency vehicles from toll bridges, toll highways, and HOT lanes; however, no private ambulances are included in this exemption. Although this bill expands the toll exemption only to private ambulances that are responding to or returning from an emergency call, it does not explicitly exclude private ambulances that are not licensed by the CHP as authorized emergency vehicles. Because it could be difficult for an officer or toll authority to know whether a vehicle is responding to or returning from an emergency without actually pulling them over to ask, this bill would likely result in all private ambulances being exempted from tolls.

1. Why aren’t private ambulances already exempted from tolls? AB 254 (Jeffries, 2009) established toll exemptions for authorized emergency vehicles. The intent of this bill was to help firefighters who traveled to Southern California to battle wildfires and were charged tolls. Although local fire departments generally had agreements with toll operators that exempted them from tolls, the agreements did not apply to fire departments from other parts of the state. The California Ambulance Association (CAA), sponsor of this bill, states that similarly, local toll agreements do not tend to include privately owned ambulances.
2. Who pays? The CAA states that if this bill passes, “private ambulance companies will not be encumbered with toll costs that are unreimbursed.” CAA further states that “granting toll exemptions to emergency responding private ambulances is an insignificant impact on the toll facilities,” reporting that tolls cost these companies a total of about $2.5 million annually. Different toll agencies treat private ambulances differently. The Transportation Corridor Agencies (TCA), operator of the toll road network in Orange County, already exempts privately owned ambulances from tolls, so this bill would not impact TCA’s toll revenues. The Riverside County Transportation Commission (RCTC), on the other hand, only exempts CHP and local fire department from its tolls and therefore would be impacted by this bill. RCTC was initially opposed to this bill, but removed its opposition based on the June 12^th amendments, which provide more flexibility to toll operators in how to communicate with private ambulance operators.

Related Legislation:

SB 406 (Leyva, 2017) — would allow blood transport vehicles to use HOV lanes, regardless of occupancy, while in the process of transporting blood products. This bill is scheduled to be heard on June 26^th in the Assembly Transportation Committee.

AB 497 (Block, 2009) — would have allowed physicians, when traveling in response to an emergency call, to access HOV lanes, regardless of occupancy. This bill failed passage in the Senate Transportation and Housing Committee.

AB 670 (B. Berryhill, 2009) — would have permitted a veteran or active duty member of the United States Armed Forces to use HOV lanes, regardless of occupancy. This bill failed passage in the Assembly Transportation Committee.

AB 254 (Jeffries, Chapter 425, Statutes of 2009) — exempted authorized emergency vehicles from requirements to pay tolls.

Assembly Votes:

Floor: 76-0

Appr: 16-0

Trans: 12-0

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

POSITIONS: (Communicated to the committee before noon on Wednesday,

June 21, 2017.)

SUPPORT:

California Ambulance Association (sponsor)

American Medical Response

OPPOSITION:

None received.

-- END --

Date of Hearing: April 26, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 697

Author:(Fong) – As Introduced Ver:February 15, 2017

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill exempts privately owned emergency ambulances licensed by the California Highway Patrol from requirements to pay tolls, under conditions similar to exemptions already granted for authorized public agency emergency vehicles.

FISCAL EFFECT:

1. No fiscal effect to the state, because revenue from toll bridges and highways goes to local agencies.
2. Revenue loss to local agencies that operate toll facilities likely in the low millions of dollars annually. For example, the California Ambulance Association reports that private ambulance operators pay about $2.5 million annually in tolls. Depending on the magnitude of the revenue losses, it is possible that toll facility operators would compensate for the loss of revenue by increasing toll rates for other drivers.

COMMENTS:

1. Background. Existing law makes it unlawful for any person to refuse to pay tolls or other charges on any vehicular crossing or toll highway. Existing law also exempts authorized public agency emergency vehicles from the requirement to pay tolls, under certain conditions. However, ambulances operated by private companies are not currently exempted from paying tolls even when they are operating under the same conditions as a public agency emergency vehicle that would qualify for the exemption.
2. Purpose. According to the author, “AB 697 will provide uniform applicability of exemptions from toll roads, bridges, and HOT lanes for all emergency response vehicles, including ambulances operated by private companies.”

Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081

Date of Hearing: March 27, 2017

ASSEMBLY COMMITTEE ON TRANSPORTATION

Jim Frazier, Chair

ABPCA Bill Id:AB 697 (

Author:Fong) – As Introduced Ver:February 15, 2017

SUBJECT: Tolls: exemption for privately owned emergency ambulances

SUMMARY: Exempts privately owned emergency ambulances, as defined, from requirements to pay tolls, under conditions similar to exemptions already granted for authorized emergency vehicles; defines "private ambulance" to mean a privately owned emergency ambulance licensed by the California Highway Patrol (CHP).

EXISTING LAW:

1. Makes it unlawful for any person to refuse to pay tolls or other charges on any vehicular crossing or toll highway. Entering any vehicular crossing without either lawful money or other electronic toll payment device associated with a valid automatic vehicle identification account (and a balance sufficient to pay the tolls) is prima facie evidence of a toll evasion violation.
2. Exempts authorized emergency vehicles from requirements to pay tolls, under certain conditions, including:
   1. The authorized emergency vehicle is properly displaying an exempt California license plate, and is properly identified or marked as an authorized emergency vehicle, including, but not limited to, displaying an external surface-mounted red warning light, blue warning light, or both, and displaying public agency identification, including, but not limited to, “Fire Department,” “Sheriff,” or “Police;” and,
   2. The vehicle is being driven while responding to or returning from an urgent or emergency call (as defined), engaging in an urgent or emergency response, or engaging in a fire station coverage assignment directly related to an emergency response. However, authorized emergency vehicles are not exempt from paying tolls on high-occupancy toll lanes when returning from an urgent or emergency call.
3. Prescribes a process whereby heads of public agencies can satisfy a toll bill or invoice by justifying an urgent or emergency response.
4. Specifically stipulates that an authorized emergency vehicle is not exempt from the requirement to pay tolls if it does not comply with the prescribed conditions warranting an exemption.
5. Authorizes toll facility operators to enter into agreements with emergency service providers to set forth mutually agreed upon terms for the providers' use of the toll facility.
6. Prohibits any person from operating a privately owned emergency ambulance until licensed by the CHP.

FISCAL EFFECT: Unknown

COMMENTS: AB 254 (Jeffries), Chapter 425, Statutes of 2009, originally exempted authorized emergency vehicles from requirements to pay tolls. AB 254 addressed a situation that arose when fire fighters from across the state traveled to Southern California to battle wildfires and were charged tolls. Local fire departments generally had agreements with the toll operators that alleviated the need for them to pay tolls but the agreements did not apply to fire departments from other areas of the state.

The author introduced this bill, on behalf of the California Ambulance Association (CAA), to provide uniformity in the way both public agency ambulances and privately owned ambulances are subject to toll charges. The author asserts that most ambulances in California are owned and operated by private companies that offer life-saving service at far less cost than government entities. Consequently, he believes privately owned ambulances should receive the same exemptions from toll charges so they can continue to use the most effective routes without being penalized. Furthermore, while toll operators already have the authority to enter into agreements with local ambulance companies, these agreements do not generally apply to ambulance companies from outside the area.

Writing in support of this bill, CCA asserts that AB 697 will ensure private ambulance companies are not encumbered with the toll costs when using the most efficient routes on emergency calls.

The manner in which toll operators in California address the use of their facilities by privately owned ambulances varies. For example, the Transportation Corridor Agencies, the operator of an expansive network of toll roads in Orange County, suggests that this bill would not have any impact on its operations because it already applies the existing exemption for emergency vehicles to privately owned ambulances. The Riverside County Transportation Commission, on the other hand, only grants exemptions to California Highway Patrol and local fire departments.

According to the CHP, it licenses about 4,000 ambulances (operated by 148 privately owned ambulance companies) in California. CAA reports that, collectively, tolls costs these companies about $2.5 million annually.

Committee concerns:

1. The burden of providing an exemption for privately owned ambulances will be shifted to other toll paying customers.
2. While this bill could arguably reduce costs for privately owned ambulances, the bill does not require the companies to pass on the savings to customers, for instance, by way of reduced rates.

Previous legislation: AB 254 (Jeffries), Chapter 425, Statutes of 2009, exempted authorized emergency vehicles from requirements to pay tolls.

REGISTERED SUPPORT / OPPOSITION:

Support

California Ambulance Association

Opposition

None on file

Analysis Prepared by: Janet Dawson / TRANS. /