Bill Text: CA AB620 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: High-occupancy toll lanes: exemptions from tolls.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-09-28 - Chaptered by Secretary of State - Chapter 738, Statutes of 2016. [AB620 Detail]

Download: California-2015-AB620-Amended.html

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BILL NUMBER: AB 620	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 27, 2016
	AMENDED IN ASSEMBLY  JANUARY 5, 2016

INTRODUCED BY   Assembly Member Roger Hernández

                        FEBRUARY 24, 2015

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 620, as amended, Roger Hernández. High-occupancy toll lanes:
exemptions from tolls.
   Existing law authorizes a value-pricing and transit development
program involving high-occupancy toll (HOT) lanes to be conducted,
administered, developed, and operated on State Highway Routes 10 and
110 in the County of Los Angeles by the Los Angeles County
Metropolitan Transportation Authority (LACMTA) under certain
conditions.
   Existing law requires LACMTA, in implementing the program, to
continue to work with the affected communities in the respective
corridors and provide mitigation measures for commuters and transit
users of low income, including reduced toll charges and toll credits.
Existing law requires eligible commuters and transit users to meet
the eligibility requirements for specified assistance programs.
   This bill would  instead require LACMTA, in implementing
the program, to provide mitigation measures for commuters and transit
users of low income and would also require LACMTA, until January 1,
2022, to provide hardship exemptions from the payment of toll charges
for commuters who meet the eligibility requirements for specified
assistance programs. The bill would authorize LACMTA to discontinue
issuing hardship exemptions if it determines at a public hearing that
issuing additional exemptions would significantly jeopardize the
amount of toll revenues necessary to operate and maintain the
program. The bill would require LACMTA to report to the Legislature
by January 31, 2019, the number of hardship exemptions provided
during the time period from January 1, 2017, to December 31, 2018,
inclusive, to commuters in total and to commuters residing in the San
Gabriel Valley.   require LACMTA to take additional
steps, beyond the previous implementation of a low-income assistance
program, to increase enrollment and participation in the low-income
assistance program, as specified, through advertising and work with
community organizations and s   ocial service agencies. The
bill would also require LACMTA and the Department of Transportation
to report to the Legislature by December 31, 2018, on efforts to
improve the HOT lane   program, including efforts to
increase participation in the low-income assistance program. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The Legislature finds and declares all
of the following:  
   (a) Section 149.9 of the Streets and Highways Code, the statute
authorizing the Los Angeles County Metropolitan Transportation
Authority (LACMTA) and the Department of Transportation to pursue the
implementation of high-occupancy toll (HOT) lanes on State Highway
Routes 10 and 110, requires LACMTA to develop a program to offset the
impact on tolls on certain income groups in Los Angeles County.
 
   (b) LACMTA has implemented a low-income assistance program in this
regard and has developed other ways to respond to this requirement.
 
   (c) LACMTA's report to the Legislature and subsequent information
provided by LACMTA identified the progress of the HOT lanes overall
and the level of participation in the low-income assistance program.
 
   (d) While the HOT lanes have met their stated objectives, and
while participation in the low-income assistance program has grown
over time, improvements can be made.  
   (e) LACMTA and the department should continue to improve the
overall performance of the HOT lanes, including identifying ways to
improve travel speeds in both corridors.  
   (f) LACMTA and the department should continue to work to improve
awareness of the low-income assistance program through advertising
and working with local community groups and social service agencies
to distribute information about the program.  
   (g) LACMTA should consider offering greater incentives in the
low-income assistance program in order to incentivize participation
in the program. 
   SECTION 1.   SEC. 2.   Section 149.9 of
the Streets and Highways Code is amended to read:
   149.9.  (a) Notwithstanding Sections 149 and 30800 of this code,
and Section 21655.5 of the Vehicle Code, the Los Angeles County
Metropolitan Transportation Authority (LACMTA) may conduct,
administer, and operate a value-pricing and transit development
program involving high-occupancy toll (HOT) lanes on State Highway
Routes 10 and 110 in the County of Los Angeles. LACMTA, with the
consent of the department, may direct and authorize the entry and use
of the State Highway Routes 10 and 110 high-occupancy vehicle lanes
by single-occupant vehicles and those vehicles that do not meet
minimum occupancy requirements, as defined by LACMTA, for a fee. The
amount of the fee shall be established by, and collected in a manner
to be determined by, LACMTA. LACMTA may continue to require
high-occupancy vehicles to have an electronic transponder or other
electronic device for enforcement purposes.
   (b) LACMTA shall implement the program in cooperation with the
department, and with the active participation of the Department of
the California Highway Patrol, pursuant to an agreement that
addresses all matters related to design, construction, maintenance,
and operation of state highway system facilities in connection with
the program. With the consent of the department, LACMTA shall
establish appropriate performance measures, such as speed or travel
times, for the purpose of ensuring optimal use of the HOT lanes by
high-occupancy vehicles without adversely affecting other traffic on
the state highway system.
   (1) Agreements between LACMTA, the department, and the Department
of the California Highway Patrol shall identify the respective
obligations and liabilities of each party to the agreement and assign
them responsibilities relating to the program. The agreements
entered into pursuant to this section shall be consistent with
agreements between the department and the United States Department of
Transportation relating to programs of this nature. The agreements
entered into pursuant to this section shall include clear and concise
procedures for enforcement by the Department of the California
Highway Patrol of laws prohibiting the unauthorized use of the HOT
lanes. The agreements shall provide for reimbursement of state
agencies, from revenues generated by the program or other funding
sources that are not otherwise available to state agencies for
transportation-related projects, for costs incurred in connection
with the implementation or operation of the program, as well as
maintenance of state highway system facilities in connection with the
program.
   (2) All remaining revenue generated by the program shall be used
in the corridor from which the revenue was generated exclusively for
preconstruction, construction, and other related costs of
high-occupancy vehicle facilities, transportation corridor
improvements, and the improvement of transit service in the corridor,
including, but not limited to, support for transit operations
pursuant to an expenditure plan adopted by LACMTA. LACMTA's
administrative expenses related to the operation of the program shall
not exceed 3 percent of the revenues.
   (c) Single-occupant vehicles and those vehicles that do not meet
minimum occupancy requirements that are certified or authorized by
LACMTA for entry into, and use of, the State Highway Routes 10 and
110 high-occupancy vehicle lanes are exempt from Section 21655.5 of
the Vehicle Code, and the driver shall not be in violation of the
Vehicle Code because of that entry and use.
   (d) (1) In implementing the program, LACMTA shall continue to work
with the affected communities in the respective corridors and
provide mitigation measures for commuters  and transit users
 of low income, including reduced toll charges and toll
credits for transit  users, if they do not qualify under
paragraph (2) for a hardship exemption as long as paragraph (2)
remains operative.   users. Eligible commuters for
reduced toll charges or toll credits for transit users shall meet the
eligibility requirements for assistance programs under Chapter 2
(commencing with Section 11200) or Chapter 3 (commencing with Section
12000) of Part 3 of, Part 5 (commencing with Section 17000) of, or
Chapter 10 (commencing with Section 18900), Chapter 10.1 (commencing
with Section 18930), or Chapter 10.3 (commencing with Section 18937)
of Part 6 of, Division 9 of the Welfare and Institutions Code. 

   (2) (A) Except as provided in subparagraph (B), LACMTA shall also
provide hardship exemptions from the payment of toll charges for
commuters who meet the eligibility requirements for assistance
programs under Chapter 2 (commencing with Section 11200) or Chapter 3
(commencing with Section 12000) of Part 3 of, Part 5 (commencing
with Section 17000) of, or Chapter 10 (commencing with Section
18900), Chapter 10.1 (commencing with Section 18930), or Chapter 10.3
(commencing with Section 18937) of Part 6 of, Division 9 of the
Welfare and Institutions Code.  
   (B) LACMTA may discontinue issuing hardship exemptions pursuant to
subparagraph (A) if it determines at a public hearing that issuing
additional hardship exemptions would significantly jeopardize the
amount of toll revenues necessary to operate and maintain the
program. In making that determination, LACMTA shall not consider the
cost of providing the mitigation measures required by paragraph (1)
as part of the costs necessary to operate and maintain the program.
 
   (C) This paragraph shall become inoperative on January 1, 2022.
 
   (3) LACMTA shall report to the Legislature by January 31, 2019,
the number of hardship exemptions provided pursuant to paragraph (2)
during the time period from January 1, 2017, to December 31, 2018,
inclusive, to commuters in total and to commuters residing in the San
Gabriel Valley. The report shall be submitted in compliance with
Section 9795 of the Government Code. This paragraph shall become
inoperative on January 31, 2023, pursuant to Section 10231.5 of the
Government Code.  
   (2) Beyond the measures already implemented to create a low-income
assistance program, LACMTA shall take additional steps to increase
enrollment and participation in the low-income assistance program.
LACMTA, in that regard, shall improve awareness of the low-income
assistance program through advertising and by working with local
community groups and social service agencies to distribute
information about the low-income assistance program. In addition,
LACMTA shall consider offering greater incentives to encourage
participation in the low-income assistance program. 
   (e)  (1)    LACMTA and the department shall
report to the Legislature by January 31, 2015. The report shall
include, but not be limited to, a summary of the program, a survey of
its users, the impact on carpoolers, revenues generated, how transit
service or alternative modes of transportation were impacted, any
potential effect on traffic congestion in the high-occupancy vehicle
lanes and in the neighboring lanes, the number of toll-paying
vehicles that utilized the HOT lanes, any potential reductions in the
greenhouse gas emissions that are attributable to congestion
reduction resulting from the HOT lane program, any comments submitted
by the Department of the California Highway Patrol regarding
operation of the lanes, and a description of the mitigation measures
on the affected communities and commuters in the program. The report
shall be submitted in compliance with Section 9795 of the Government
Code. This subdivision shall become inoperative on January 31, 2019,
pursuant to Section 10231.5 of the Government Code. 
   (2) LACMTA and the department shall report to the policy
committees of the Legislature with responsibility for transportation
matters by December 31, 2018, on the efforts to improve the program
authorized by this section. The report shall address efforts by
LACMTA to increase participation in the low-income participation
program, any additional incentives that have been developed to
encourage participation in the low-income participation program, and
the performance of the HOT lanes overall in improving congestion in
the affected corridors and offsetting the impact to low-income
commuters. This paragraph shall become inoperative on January 1,
2021, pursuant to Section 10231.5 of the Government Code. 
   (f) Toll paying commuters shall have the option to purchase any
necessary toll paying equipment, prepay tolls, and renew toll
payments by cash or by using a credit card.
   (g) This section shall not prevent the department or any local
agency from constructing facilities that compete with a HOT lane
program, and LACMTA shall not be entitled to compensation for adverse
effects on toll revenue due to those facilities.
   (h) LACMTA may issue bonds, as set forth in Chapter 5 (commencing
with Section 130500) of Division 12 of the Public Utilities Code, at
any time to finance any costs necessary to implement a value-pricing
and transit development program established in accordance with this
section and to finance any expenditures payable from the revenues
generated from the program.