BILL NUMBER: AB 2620AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 28, 2010 AMENDED IN ASSEMBLY MAY 6, 2010 AMENDED IN ASSEMBLY APRIL 26, 2010 AMENDED IN ASSEMBLY APRIL 8, 2010 INTRODUCED BY Assembly Member Eng FEBRUARY 19, 2010 An act to add Section 149.05 to the Streets and Highways Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGEST AB 2620, as amended, Eng. Transportation: toll facilities. Existing law provides that the Department of Transportation shall have full possession and control of the state highway system and associated property. Existing law provides for the development of high-occupancy toll lanes on the state highway system by regional transportation agencies under specified circumstances and specifies the use of toll revenues generated from these facilities. This bill would requirean unspecified percentageup to 15 percent of net toll revenues , as specified, generated by certain toll facilities on the state highway systemdeveloped on and after January 1, 2011,to be dedicated tomaintenance, preservation, and rehabilitation of the state highway system, includingfundingofprojects in the state highway operation and protection program (SHOPP) . The bill would make legislative findings and declarations in that regard. The bill would require those revenuesdedicated to the state highway operation and protection programto be used for SHOPP projects in the transportation corridor in which the revenues are generatedand, but would also authorize the department, in consultation with a regional transportation authority,to apply jointly with the public agency implementing the toll facility to the California Transportation Commission to direct those revenues to other projects on the state highway system within the county in whicha high-occupancythe tolllanefacility is located and the revenue is generated , including non-SHOPP projects. This bill would not apply to toll facilities authorized in statute on or before January 1, 2010 . Vote: majority. Appropriation: no. Fiscal committee: 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) The level of funding available for maintenance, preservation, and rehabilitation of the state highway system is straining the ability to meet rehabilitation and preservation needs of the system. (b) Rehabilitation and reconstruction needs on the state highway system are increasing as the infrastructure ages. (c) The continued increase in vehicle travel and goods movement contributes to an increased rate of pavement and bridge deterioration, new accident concentration locations, and increasing hours of traffic congestion. (d) Continued underfunding of maintenance, preservation, and rehabilitation needs delays projects and increases the cost when the work is eventually undertaken. (e) Transportation agencies are increasingly interested in developing tolled facilities on the state highway system, a state-owned asset. (f) At least a portion of the proceeds from tolled facilities should be directed to maintenance, preservation, and rehabilitation of the state highway system, which serves as a backbone to those facilities. SEC. 2. Section 149.05 is added to the Streets and Highways Code, to read: 149.05. (a) Notwithstanding any other provision of law,____up to 15 percent of net toll revenues generated by a toll facility on the state highway system shall be dedicated tomaintenance, preservation, and rehabilitation of the state highway system, includingfundingofprojects in the state highway operation and protection program and as otherwise provided in subdivision (c) .This section shall apply to toll facilities developed on and after January 1, 2011, that are the subject of a cooperative agreement between the department and another public agency entered into on and after that date, but shall not apply to toll facilities developed pursuant to Sections 149.1, 149.3, 149.4, 149.5, 149.6, 149.8, or 149.9.For the purposes of this section, net toll revenue shall include total revenues generated by the facility after subtracting direct expenses related to the operation of the facility, including collection and enforcement, maintenance, and adm inistration. Administrative costs shall not exceed 3 percent of total revenues. This section shall not apply to toll facilities authorized in statute on or before January 1, 2010. (b) Toll facilities subject to this section shall be developed in accordance with a cooperative agreement between the department and the public agency that is developing the toll facility. The cooperative agreement shall determine the appropriate percentage of net toll revenues to be dedicated to projects in the state highway operation and protection program pursuant to subdivision (a). Factors to be considered in determining the appropriate percentage shall include debt service and facility administration, operation, and maintenance costs. The cooperative agreement between the department and the other public agency shall provide for the payment ofthesethose revenues to the department for deposit in the State Highway Account. Those revenues shall be subject to appropriation by the Legislature for purposes consistent with this section and shall not be subject to borrowing or diversion for any other purpose .(b)(c) Toll revenues described in subdivision (a) that are dedicated to the state highway operation and protection program shall be used for projects in the corridor in which the revenues are generated. The department, in consultation with the regional transportation authority,and the affected public agency jointly may also apply to the commission to directthesethose revenues to other projects on the state highway system within the county in which thehigh-occupancy toll lanetoll facility is located and in which the revenues are generated , including projects in capital programs other than the state highway operation and protection program . ____ CORRECTIONS Text--Page 3. ____