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(continued) use
of that entry and use.
(d) The administering agency shall carry out the program in
cooperation with the department pursuant to a cooperative agreement
that addresses all matters related to design, construction,
maintenance, and operation of state highway system facilities in
connection with the value pricing high-occupancy vehicle program.
With the assistance of the department, the administering agency shall
establish appropriate traffic flow guidelines for the purpose of
ensuring optimal use of the express lanes by high-occupancy vehicles
without adversely affecting other traffic on the state highway
system.
(e) (1) Agreements between the administering agency, the
department, and the Department of the California Highway Patrol shall
identify the respective obligations and liabilities of those
entities 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 shall include clear and concise procedures
for enforcement by the Department of the California Highway Patrol of
laws prohibiting the unauthorized use of the high-occupancy vehicle
lanes, which may include the use of video enforcement. 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.
(2) The revenue generated from the program shall be available to
the administering agency for the direct expenses related to the
operation (including collection and enforcement), maintenance, and
administration of the demonstration program. Administrative expenses
shall not exceed 3 percent of the revenues.
(3) All net revenue generated by the program that remains after
payment of direct expenses pursuant to paragraph (2) shall be
allocated pursuant to an expenditure plan adopted biennially by the
administering agency for transportation purposes within the program
area. The expenditure plan may include funding for the following:
(A) The construction of high-occupancy vehicle facilities,
including the design, preconstruction, construction, and other
related costs of the northbound Interstate 680 Sunol Smart Carpool
Lane project.
(B) Transit capital and operations that directly serve the
authorized corridors.
(f) Not later than three years after the administering agency
first collects revenues from the program authorized by this section,
the administering agency shall submit a report to the Legislature on
its findings, conclusions, and recommendations concerning the
demonstration program authorized by this section. The report shall
include an analysis of the effect of the HOT lanes on the adjacent
mixed-flow lanes and any comments submitted by the department and the
Department of the California Highway Patrol regarding operation of
the lane.
(g) The authority of the administering agency to conduct,
administer, and operate a value pricing high-occupancy vehicle
program pursuant to this section shall terminate on that corridor
four years after the administering agency first collects revenues
from the HOT lane project on that corridor. The administering agency
shall notify the department by letter of the date that revenues are
first collected on that corridor.



149.6. (a) Notwithstanding Sections 149 and 30800, and Section
21655.5 of the Vehicle Code, the Santa Clara Valley Transportation
Authority (VTA) created by Part 12 (commencing with Section 100000)
of the Public Utilities Code may conduct, administer, and operate a
value pricing program on any two of the transportation corridors
included in the high-occupancy vehicle lane system in Santa Clara
County in coordination with the Metropolitan Transportation
Commission and consistent with Section 21655.6 of the Vehicle Code.
(1) VTA, under the circumstances described in subdivision (b), may
direct and authorize the entry and use of those high-occupancy
vehicle lanes by single-occupant vehicles for a fee. The fee
structure shall be established from time to time by the authority.
The fee shall be collected in a manner determined by the authority.
A high-occupancy vehicle lane may only be operated as a
high-occupancy toll (HOT) lane during the hours that the lane is
otherwise restricted to use by high-occupancy vehicles.
(2) VTA shall enter into a cooperative agreement with the Bay Area
Toll Authority to operate and manage the electronic toll collection
system.
(b) Implementation of the program shall ensure that Level of
Service C, as measured by the most recent issue of the Highway
Capacity Manual, as adopted by the Transportation Research Board, is
maintained at all times in the high-occupancy vehicle lanes, except
that subject to a written agreement between the department and VTA
that is based on operating conditions of the high-occupancy vehicle
lanes, Level of Service D shall be permitted on the high-occupancy
vehicle lanes. If Level of Service D is permitted, the department
and VTA shall evaluate the impacts of these levels of service of the
high-occupancy vehicle lanes, and indicate any effects on the
mixed-flow lanes. Continuance of Level of Service D operating
conditions shall be subject to the written agreement between the
department and VTA. Unrestricted access to the lanes by
high-occupancy vehicles shall be available at all times. At least
annually, the department shall audit the level of service during peak
traffic hours and report the results of that audit at meetings of
the program management team.
(c) Single-occupant vehicles that are certified or authorized by
the authority for entry into, and use of, the high-occupancy vehicle
lanes in Santa Clara County 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) VTA shall carry out the program in cooperation with the
department pursuant to a cooperative agreement that addresses all
matters related to design, construction, maintenance, and operation
of state highway system facilities in connection with the value
pricing program. With the assistance of the department, VTA shall
establish appropriate traffic flow guidelines for the purpose of
ensuring optimal use of the express lanes by high-occupancy vehicles
without adversely affecting other traffic on the state highway
system.
(e) (1) Agreements between VTA, the department, and the Department
of the California Highway Patrol shall identify the respective
obligations and liabilities of those entities 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 this program. The agreements shall
include clear and concise procedures for enforcement by the
Department of the California Highway Patrol of laws prohibiting the
unauthorized use of the high-occupancy vehicle lanes, which may
include the use of video enforcement. The agreements shall provide
for reimbursement of state agencies, from revenues generated by the
program, federal funds specifically allocated to the authority for
the program by the federal government, 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.
(2) The revenues generated by the program shall be available to
VTA for the direct expenses related to the operation (including
collection and enforcement), maintenance, and administration of the
program. The VTA's administrative costs in the operation of the
program shall not exceed 3 percent of the revenues.
(3) All remaining revenue generated by the demonstration program
shall be used in the corridor from which the revenues were generated
exclusively for the preconstruction, construction, and other related
costs of high-occupancy vehicle facilities and the improvement of
transit service, including, but not limited to, support for transit
operations pursuant to an expenditure plan adopted by the VTA.
(f) Not later than three years after VTA first collects revenues
from any of the projects described in paragraph (1) of subdivision
(a), VTA shall submit a report to the Legislature on its findings,
conclusions, and recommendations concerning the demonstration program
authorized by this section. The report shall include an analysis of
the effect of the HOT lanes on adjacent mixed-flow lanes and any
comments submitted by the department and the Department of the
California Highway Patrol regarding operation of the lanes.
(g) The authority of VTA to conduct, administer, and operate a
value pricing high-occupancy vehicle program on a transportation
corridor pursuant to this section shall terminate on that corridor
four years after VTA first collects revenues from the HOT lane
project on that corridor. VTA shall notify the department by letter
of the date that revenues are first collected on that corridor.




150. When the department, in cooperation with rapid transit
districts, recommends that mass public transportation facilities
should be located along a proposed freeway corridor in order to
establish a planned balanced transportation system, the commission
shall consider this recommendation in making its decision as to the
location of the freeway.
If the commission determines that the location of mass public
transportation facilities should be located along the proposed
freeway corridor, it may also direct the department to plan, design,
and construct the freeway so as to provide locations for those
facilities, and the cost thereof shall be considered as part of the
cost of constructing the state highway. In making this
determination, the commission shall consider the extent to which the
mass public transportation facilities will reduce the volume of
traffic on the proposed freeway and the impact the joint development
will have on community values. The commission shall also consider
whether the rapid transit district has adopted a general plan for the
development of its mass public transportation facilities and the
likelihood as to whether sufficient funds will be available for the
development of mass public transportation service in those locations.
The commission shall authorize the department to provide those
locations along federal-aid highways only in instances in which it
has received assurances of full federal financial participation in
the cost of providing those locations.
If mass public transportation facilities other than roadways and
other facilities for use of buses are to be constructed and placed in
use in those locations, the department may enter into agreements for
the sale of the locations to transit districts for that use at a
price equal to the market value of the property at the time of sale.
If mass public transportation facilities are not placed in use in
the locations provided within five years of completion of the
freeway, the department may develop those locations for freeway
purposes, or it may lease or otherwise dispose of the locations in
accordance with the provisions of this code.
The department may, in cooperation with rapid transit districts,
develop exclusive or preferential bus lanes in those locations in
accordance with Section 149.



151. The department may make such regulations as may be required in
the interests of public safety governing the use of any express
highway or additional facilities constructed as provided in this
article for the purpose of loading or unloading of passengers.
Nothing in this article or in this section shall be construed to
authorize the operation of any vehicle in violation of any provision
of the Vehicle Code or to deprive the Public Utilities Commission of
any authority now or hereafter vested in it to regulate public motor
carriers of passengers.



152. The department may permit the placing of, and cooperate in the
planning for, emergency water hydrants on or adjacent to state
freeway rights-of-way wherever a public water system is available.
The placing and maintenance of the hydrants shall be the
responsibility of local agencies.



153. The department may place and maintain or cooperate with local
agencies or others in the placing and maintenance of emergency
telephones or other communication facilities on or adjacent to state
freeway rights-of-way.


154. The department shall encourage the construction and
development by counties of portions of the county highways as
official county scenic highways and may furnish to the counties any
information or other assistance which will aid the counties in the
construction or development of such scenic highways.
Whenever the department determines that any county highway meets
the minimum standards prescribed by the department for official
scenic highways, including the concept of the "complete highway," as
described in Section 261, it may authorize the county in which the
highway is located to designate the highway as an official county
scenic highway and the department shall so indicate the highway in
publications of the department and in any maps which are prepared by
the department for distribution to the public which show the highway.

If the department determines that any county highway which has
been designated as an official county scenic highway no longer meets
the minimum standards prescribed by the department for official
scenic highways, it may, after notice to the county and a hearing on
the matter, if requested by the county, revoke the authority of the
county to designate the highway as an official county scenic highway.



154.1. (a) Notwithstanding Section 154 or any other provision of
law and subject to subdivision (b), if the department determines that
the County of Los Angeles is in compliance with the standards
developed and established pursuant to Section 261 as to the Malibu
Canyon-Las Virgenes Highway (N1), from Route 1 to Lost Hills Road in
Los Angeles County, the department shall designate that portion of
that county highway a county scenic highway.
(b) A designation pursuant to subdivision (a) may only be made by
the department if the County of Los Angeles applies for the
designation, and includes in its application a formally adopted
resolution acknowledging its desire to designate that portion of the
county highway a county scenic highway.



155. The department may accept any gift of money or property from
any person or group for the purpose of acquiring property for, and
establishing and maintaining as a memorial to any person or group, a
place adjacent to any state highway in the state scenic highway
system established by Article 2.5 (commencing with Section 260) of
Chapter 2, Division 1, at a point of special scenic, historical, or
cultural interest, where motorists may stop to appreciate and enjoy
the point of interest.
Any money which is received by the department pursuant to this
section shall be deposited in the Special Interest Stopping Place
Fund, which fund is hereby created in the State Treasury. Any money
in the fund is continuously appropriated to the department without
regard to fiscal years to carry out the purposes for which the money
was received by the department.
The department shall, unless otherwise requested by the person or
group from whom money or property is received for a stopping place,
establish and maintain appropriate signs at the stopping places which
indicate the name of the person or group in whose honor the place
was established.
The right of eminent domain shall not be exercised by the
department to acquire property, or any interest in property, pursuant
to this section and the department may not acquire any real property
for the purposes of this section unless the board of supervisors of
the county in which such real property is located consents to such
acquisition.


155.5. The commission, to the extent constitutionally permitted and
if it determines that such actions constitute a highway purpose, may
allocate funds from the State Highway Account to match on an equal
basis the value of any gifts offered and accepted by the department
for deposit in the Special Interest Stopping Place Fund and may in
such cases, if appropriate, further allocate funds from the State
Highway Account for the maintenance of property acquired pursuant to
such gifts.
The amount matched for each gift shall be used in conjunction with
the gift for the purpose for which the gift was accepted.



155.6. Unless prohibited by federal laws or rules and regulations,
the department may authorize the installation of coin-operated
binocular or telescopic viewing machines at the vista point on the
north end of the Golden Gate Bridge.
Any money received by the state for authorizing the placement of
these viewing machines shall be transferred by the department to the
State Highway Account.