BILL NUMBER: SB 1418AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 21, 2010 AMENDED IN SENATE APRIL 26, 2010 INTRODUCED BY Senator Wiggins FEBRUARY 19, 2010 An act to amend Sections 2550, 2551, 2555, and 2557 of the Streets and Highways Code, relating to highways. LEGISLATIVE COUNSEL'S DIGEST SB 1418, as amended, Wiggins. Transportation: motorist aid services. Existing law authorizes the establishment of a service authority for freeway emergencies in any county if the board of supervisors of the county and the city councils of a majority of the cities within the county adopt resolutions providing for the establishment of the service authority. Existing law authorizes the Metropolitan Transportation Commission to function as the service authority for freeway emergencies in the San Francisco Bay area counties upon adoption of a resolution, as specified. Existing law authorizes a service authority to impose a fee of $1 per year on vehicles registered in the counties served by the service authority. Existing law requires moneys received by a service authority to be used for the implementation, maintenance, and operation of a motorist aid system of call boxes and authorizes moneys received by a service authority in excess of what is needed for that system to be used for additional motorist aid services, including, among other things, changeable message signs and lighting for call boxes. Existing law requires any plan or amendment to a plan for a motorist aid system of call boxes for any state highway route to be approved by the Department of Transportation and the Department of the California Highway Patrol. This bill would authorize those service authorities to be established for freeway and expressway services, instead of only freeway emergencies, and would revise the provisions authorizing excess moneys to be used for additional motorist aid services to authorize those moneys to be used for the implementation, maintenance, and operation of systems, projects, and programs to aid and assist motorists, including, among other things, freeway service patrol, mobile roadside assistance systems, intelligent transportation systems, and traveler information systems. The bill would authorize the Metropolitan Transportation Commission to place call boxes to assist motorists in specified parking or roadway areas in mutually agreed upon state and federal parks and would require the agreement for the placement of those call boxes to contain specified terms relative to responsibilities for the installation and maintenance of call boxes and for call handling . The bill would authorize a service authority to impose a fee of up to $2 per year on vehicles registered in the counties served by the service authority. The bill would provide that any amendment to an existing plan for a motorist aid network of call boxes adopted by a service authority shall be deemed to be approved by the Department of Transportation and the Department of the California Highway Patrol unless rejected within12060 days of receipt of the amendment. 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. Section 2550 of the Streets and Highways Code is amended to read: 2550. The Legislature declares that its intent in enacting this chapter is to encourage the placement of call boxes and the provision of services that directly aid motorists along the California freeway and expressway system. However, it is not intended that any services provided be considered an emergency system. SEC. 2. Section 2551 of the Streets and Highways Code is amended to read: 2551. (a) A service authority for freeways and expressways may be established in any county if the board of supervisors of the county and the city councils of a majority of the cities within the county having a majority of the population of cities within the county adopt resolutions providing for the establishment of the authority. (b) The resolutions may designate the county transportation commission for the county, created pursuant to Division 12 (commencing with Section 130000) of the Public Utilities Code or council of governments formed pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, as the service authority for freeways and expressways. The powers of a commission or council of governments so designated are limited to those of the service authority. (c) (1) The Metropolitan Transportation Commission may function as the service authority for freeways and expressways in any or all of the Counties of Santa Clara, San Mateo, Alameda, Contra Costa, Marin, Solano, Sonoma, Napa, and the City and County of San Francisco upon adoption of a resolution by the commission to act as a service authority and upon ratification of the commission's resolution in a particular county by the board of supervisors of the city and county or by the board of supervisors of the county and by the city councils of the cities within the county having a majority of the population of the cities within the county. (2) The Metropolitan Transportation Commission may also exercise, as the service authority in any of those counties, the power to strategically place call boxes to assist motorists in parking or roadway areas in mutually agreed upon state and federal parks where telecommunication services are not available. Where an agreement is reached for the installation of call boxes in parking or roadway areas in state or federal parks, the service authority shall assume responsibility for the installation and maintenance of the call boxes and the agreement shall include provisions requiring the state or federal park to assume responsibi lity for call handling in conjunction with the local public safety answering point. (d) (1) The Sacramento Area Council of Governments may function as the service authority for freeways and expressways in any or all of the Counties of Sacramento, Yolo, Yuba, Sutter, and San Joaquin, or any other county that is not within another multicounty service authority, upon adoption of a resolution by the council to act as a service authority and upon ratification of the resolution in a particular county by the board of supervisors of the county and by the city councils of the cities within the county having a majority of the population of the cities within the county. (2) The Sacramento Area Council of Governments may also exercise, as a service authority, in any of those counties, the powers specified in Section 891.5 pertaining to call boxes on class 1 bikeways. (e) As used in this chapter, "authority" and "service authority" mean a service authority for freeways and expressways created pursuant to this chapter. SEC. 3. Section 2555 of the Streets and Highways Code is amended to read: 2555. An authority may impose a fee of up to two dollars ($2) per year, in one dollar ($1) increments, on vehicles registered in the county pursuant to Section 9250.10 of the Vehicle Code. SEC. 4. Section 2557 of the Streets and Highways Code is amended to read: 2557. (a) Except as provided in subdivision (c), the moneys received by each authority pursuant to subdivision (b) of Section 9250.10 of the Vehicle Code shall be used for the implementation, maintenance, and operation of a motorist aid system of call boxes on the portions of the state freeway and expressway system, the county expressway system, the unincorporated county roads in that county, and the state highway routes that connect segments of these systems, that are located within the county in which the authority is established. Any money received that exceeds the amount needed for full implementation and ongoing costs to maintain and operate the motorist aid system of call boxes may be used for the implementation, maintenance, and operation of systems, projects, and programs to aid and assist motorists, including, but not limited to, freeway service patrol, mobile roadside assistance systems, intelligent transportation systems, incident management programs and coordination, traveler information system programs, and support for traffic operation centers, including the lease or lease-purchase of facilities and equipment for the system, project, or program on the portions of the state freeway and expressway system and a county expressway system, and the unincorporated county roads in that county, and on state highway routes that connect segments of these systems, which are located within the county in which the authority is established. (b) An authority or any other public entity may construct and maintain, and lease or lease-purchase on terms and conditions it deems appropriate, the facilities of a motorist aid system, project, or program or it may contract with a private person or entity to do so. (c) If leases or lease-purchase agreements are entered into pursuant to subdivision (a), or if revenue bonds are issued and sold pursuant to Section 2558, the moneys received by each authority pursuant to subdivision (b) of Section 9250.10 of the Vehicle Code shall be used to the extent necessary to make lease payments or to pay the principal of, and interest on, the amount of bonded indebtedness outstanding, as the case may be. Facilities and equipment acquired through the expenditure of proceeds from the sale of those bonds shall have a useful life at least equal to the term of the bonds. (d) The Department of Transportation and the Department of the California Highway Patrol shall each review and approve plans for implementation of a motorist aid network of call boxes proposed for any state highway route and shall be reimbursed by the service authority for all costs incurred due to review and approval of the plan. Any amendment to an existing plan for a motorist aid network of call boxes adopted by an authority for any state highway route shall, prior to implementation, be submitted to the Department of Transportation and the Department of the California Highway Patrol for review and approval and shall not be implemented until so reviewed and approved. The authority shall reimburse each department for the costs of that review. Any amendment to an existing plan for a motorist aid network of call boxes adopted by an authority shall be deemed to be approved by the Department of Transportation and the Department of the California Highway Patrol unless otherwise rejected within12060 days of receipt of the amendment. (e) An authority may develop policies for the retention of records, including, but not limited to, authority operations, contracts, and programs, and the length of the retention period. (f) A motorist aid system constructed, maintained, or operated pursuant to this section shall meet the applicable standards of Title II of the Americans with Disabilities Act of 1990 (Public Law 101-336) and federal regulations adopted pursuant thereto.