30100-30113

STREETS AND HIGHWAYS CODE
SECTION 30100-30113




30100.  Whenever, in the opinion of the commission and of the
department, it is necessary or desirable to do so, the commission
shall authorize and direct the department to build or acquire for,
and in the name of, the state any or all of the following:
   (a) Toll bridges, tubes, or other toll highway crossings across
water, bays, arms of bays, straits, rivers, and streams in
California, both navigable and unnavigable, or across any stream that
is a boundary line between California and any other state, or toll
tunnels through mountains in California.
   (b) Transportation facilities of any toll bridges or toll highway
crossings constructed or acquired, or to be constructed or acquired,
pursuant to this chapter.
   (c) Additional transportation facilities connecting or coordinated
with any such toll bridge or other highway crossing or the
transportation facilities thereon.
   The commission may authorize and direct the department to pay for
any such construction or acquisition out of any funds provided or
made available by this chapter. Whenever a project consists of a tube
or tunnel which will accommodate traffic served by a privately owned
ferry, the commission may acquire such ferry.




30100.1.  Notwithstanding any other provision of law, the commission
may include, in any issue of revenue bonds, funds sufficient to
finance the establishment of a ferry system as authorized by Section
30356, including the purchase or construction of ferry boats,
wharves, docks, ferry slips, and other facilities necessary to the
operation and maintenance of a ferry system. Upon determining that it
is feasible to do so, the commission shall take all steps necessary
to finance the establishment of ferry systems. Revenues derived from
the operation of any ferry system shall be pledged as security for
the payment of the bonds issued to finance the establishment of the
system.


30100.5.  Notwithstanding Section 30100 or any other provision of
law, no bridge or other highway crossing shall be constructed across
San Francisco Bay by the commission, the department, or the Golden
Gate Bridge, Highway and Transportation District, except to replace
bridges or highway crossings on a one-for-one basis.




30101.  Except as otherwise provided by statute for the commission
and the Bay Area Toll Authority, the commission shall fix the rates
of toll and other charges for all toll bridges, tubes, or other toll
highway crossings acquired or built pursuant to this chapter.
Notwithstanding this section or any other provision of law, neither
the commission nor the Bay Area Toll Authority may change the seismic
retrofit surcharge described in Section 31010.



30101.5.  The commission may permit authorized emergency vehicles,
as defined in Section 165 of the Vehicle Code, responding to or
returning from mutual aid calls or other emergencies, and other
vehicles owned by any public agency when called upon to perform
emergency work on the property of any toll bridge, tube, or other
toll highway crossing, to cross toll bridges, tubes, or other toll
highway crossings without paying a toll.



30101.6.  The commission shall grant toll-free passage on all toll
bridges, tubes, and other toll highway crossings under its
jurisdiction to members of the California Highway Patrol on duty.
   Members of the California Highway Patrol, in all cases while on
duty, are persons directly connected with the operation of toll
bridges, tubes, and other toll highway crossings as such persons are
designated in all of the bond resolutions adopted by the commission
to authorize the issuance of bonds to finance the construction of
toll structures.


30101.7.  (a) The commission shall grant toll free passage on all
toll bridges, tubes, and other toll highway crossings under its
jurisdiction to vehicles in a funeral procession of a person who died
while on active duty with the armed services of the United States.
   (b) The commission shall submit a claim for the loss in revenues
resulting from subdivision (a) to the State Controller, who shall
reimburse the commission in the amount submitted in the claim from
funds appropriated by the Legislature to him for such purposes.
   (c) The State Controller, in consultation with the commission,
shall adopt such rules and regulations as are necessary to implement
this section.



30101.8.  (a) The commission may grant toll-free and reduced-rate
passage on all toll bridges under its jurisdiction to class I
vehicles occupied by three or more persons, including the driver, and
to buses. For bridges within the area under the jurisdiction of the
Metropolitan Transportation Commission, the Bay Area Toll Authority
may grant toll-free and reduced-rate passage.
   (b) Notwithstanding subdivision (a), tolls on the bridges shall be
maintained at rates sufficient to meet any obligation to the holders
of bonds secured by a pledge of bridge toll revenues, as set forth
in any bond resolution, indenture, or covenants, and the commission
shall revise or eliminate any toll-free or reduced-rate toll schedule
adopted pursuant to subdivision (a) as necessary to ensure
compliance with those obligations.
   (c) If the commission grants toll-free and reduced-rate passage
pursuant to subdivision (a), the commission shall also grant the same
toll-free and reduced-rate passage to class I vehicles designed by
the manufacturer to be occupied by no more than two persons,
including the driver, if these vehicles are occupied by two persons,
including the driver.


30102.  Except as provided in Section 30102.5, the commission, in
establishing toll charges, shall give consideration to the cost of
operating and maintaining any particular toll bridge or other toll
highway crossing, including the cost of insurance, the cost of
operating and maintaining any ferry established and operated pursuant
to Section 30356, and the amount required annually to meet the
redemption of bonds and interest payments thereon. At all times, the
tolls and charges shall be fixed at rates to yield annual revenue
equal to the annual operating and maintenance expenses, including
insurance costs, the cost of operating and maintaining any ferry
established and operated pursuant to Section 30356, and all
redemption payments and interest charges of the bonds issued for any
particular toll bridge or other toll highway as they fall due.



30102.5.  Consistent with Section 30918, the Bay Area Toll Authority
shall fix the rates of the toll charge, except as provided in
Section 30921, and may grant reduced-rate and toll-free passage on
the state-owned toll bridges within the jurisdiction of the
Metropolitan Transportation Commission.



30103.  Toll charges so fixed may be changed from time to time as
conditions warrant.



30104.  The commission shall prescribe the terms and conditions upon
which any person, or private, public, or municipal corporation, or
any district or political subdivision may do any of the following:
   (a) Transport any person or property over any toll bridge or other
toll highway crossing acquired or constructed, or to be acquired or
constructed, or in course of construction pursuant to this chapter.
   (b) Operate any transportation facilities thereon.
   (c) Transport any person or property over any additional
transportation facilities, constructed or acquired pursuant to this
chapter, or use or operate such additional transportation facilities.
   No person, or private, public, or municipal corporation, or
district or political subdivision shall do any of the acts specified
in subdivisions (a), (b), and (c) of this section, except in
accordance with authorization or permission to do so from the
commission.


30105.  The commission may also grant permits to and enter into
contracts with steam, electric, bus, railroad, and other
transportation companies, public or private, and with any municipal
or public corporation, public utility district, or political
subdivision for the use of any toll bridge or other toll highway
crossing, and for the use of the transportation facilities and the
additional transportation facilities thereof, upon such terms and
conditions as are mutually agreed upon if, prior to the granting of
the permit or the execution of the contract, the commission first
determines that the permit or contract is advisable or necessary for
the financing of the bridge or other toll highway crossing or for the
proper, necessary, or safe use of the bridge and for the best
interests of the state.



30106.  The grant of any such permit or the execution of any such
contract by the California Transportation Commission shall not
relieve any transportation company or corporation subject to the
jurisdiction of the Public Utilities Commission from the duty of
obtaining any certificate of public convenience and necessity for the
conduct of a transportation service over any toll bridge or other
highway crossing as required by law, or from the duty of complying
with every lawful order, rule, or regulation of the Public Utilities
Commission respecting such transportation service.



30107.  In any such contract or permit, the commission may authorize
the transportation company or corporation, district, or political
subdivision providing transportation to use the transportation
facilities and additional transportation facilities of the commission
upon such terms and in such manner as the commission deems proper.
Such use may be authorized without restriction to the particular toll
bridge or other highway crossing to which the transportation
facilities and additional transportation facilities relate, but the
use authorized shall be for or in aid of the transportation of
persons or property over that bridge or other highway crossing or the
approaches thereto.



30108.  Every contract which the commission enters into with, and
every permit which it grants to, any person, or private, public, or
municipal corporation, any district or political subdivision, for the
transportation of persons or property by such person, or private,
public, or municipal corporation, or district or political
subdivision over any toll bridge or other toll highway crossing, or
over the additional transportation facilities of any toll bridge or
other toll highway crossing, shall contain a provision that no
privilege or contract rights acquired by such person, private,
public, or municipal corporation, district, or political subdivision,
with regard to the transport of persons or property over any such
toll bridge or with regard to additional transportation facilities,
shall be an element of value in any subsequent condemnation
proceeding against any such person, private, public, or municipal
corporation, district, or political subdivision.




30109.  No privilege, permit, or contract right acquired by any such
person, private, public, or municipal corporation, district, or
political subdivision, with regard to the transport of persons or
property over any such toll bridge or other toll highway crossing or
with regard to use of or passage over any additional transportation
facilities shall constitute an element of value in any condemnation
proceeding.



30110.  The commission, in behalf of the State, by itself or its
agents or assigns, or through the department or its agents or
assigns, may operate the transportation facilities of any toll bridge
or other highway crossing constructed or acquired pursuant to this
chapter and the additional transportation facilities authorized to be
constructed or acquired pursuant to this chapter. This power may be
exercised upon default of any party contracting under Section 30104
or 30105 with the commission for the transportation of persons or
property for hire over any toll bridge or other toll highway
crossing, or upon the termination or cessation of any such contract
or agreement, or in the absence of such contract or agreement.
   Prior to the operation of any such transportation facilities by
the commission or its agents or assigns or by the department or its
agents or assigns, the commission shall first determine that the
operation thereof is advisable or necessary for the financing of the
bridge or other toll highway crossing, or for the proper or necessary
use of the bridge or other toll highway crossing, and is for the
best interests of the State.



30111.  The commission, the officials thereof, and all state
officials may do such acts and make such agreements not inconsistent
with law as are necessary or desirable in connection with the duties
and powers conferred upon them respectively by law regarding the
construction, maintenance, operation, and insurance of toll bridges
or other highway crossings, and the transportation facilities thereof
or thereto, or the safeguarding of the funds and revenues required
for such purposes and the payment of the indebtedness incurred
therefor.


30112.  The department and commission shall consider the inclusion
of bicycle and pedestrian facilities on each new toll bridge designed
and constructed pursuant to this division, including appropriate
connections thereto. Such facilities shall be included on each such
new bridge if the commission finds that they are economically and
physically feasible. If the commission finds such facilities are not
feasible, it shall report its findings to the Legislature at least
one year prior to commencement of construction, including the facts
on which the commission based its decision.
   The cost of the bicycle and pedestrian facilities on the
approaches to the toll bridge shall be paid by the commission as a
part of the cost of construction of the toll bridge, unless the cost
of such facilities is to be paid by a governmental agency other than
a state agency. The feasibility study for such facilities shall
reflect whether the commission or a governmental agency other than a
state agency shall pay the cost of such facilities.
   The Legislature finds that the increased use of the bicycle is a
desirable activity which should be encouraged by the improvement of
access available to that mode of transportation. It is the intent of
the Legislature, in enacting this section, to provide for the use of
toll bridges by both pedestrians and bicycles, wherever this is
economically and physically feasible.



30113.  (a) The commission may utilize net revenues from toll
bridges in order to finance research on high technology motion
control devices to be used on the bridges.
   (b) If the Metropolitan Transportation Commission allocates toll
bridge net revenues as defined in Section 30884, it may utilize net
revenues from the bridges under its jurisdiction to finance the
research referred to in subdivision (a).