Article 1. Franchises of California Streets And Highways Code >> Division 17. >> Chapter 3. >> Article 1.
The department has exclusive jurisdiction and, except as
provided in this article, may grant upon the terms, limitations,
conditions, and restrictions and under the supervision as in its
judgment are necessary or proper, franchises, privileges, or licenses
for the construction or operation of toll bridges, toll roads, and
toll ferries and for the taking and keeping of tolls from the
bridges, roads, and ferries situated wholly or in part within the
state. "Toll ferries" do not include vessels operated by common
carriers providing transportation service subject to the jurisdiction
of the Public Utilities Commission.
The department shall require the grantee of any such
franchise, privilege, or license to pay a license tax or fee of not
less than ten dollars ($10) or more than one hundred dollars ($100) a
month, the amount of which shall be fixed in the franchise.
The department may fix the rate of tolls, and from time to
time regulate, modify, and change any such tolls which may be
collected on any toll bridge, toll roads, or toll ferries which are
built, constructed, or established pursuant to this article.
The rate of toll fixed, regulated, modified, or changed
shall be determined by the department after hearing has been had
thereon and a written finding rendered. Findings rendered by the
department are conclusive as to the facts recited therein.
The department may provide as a condition or limitation in
any franchise granted pursuant to this article for the purchase or
retaking of any toll bridge, toll road, or toll ferry constructed or
established by virtue of a franchise issued pursuant to this article,
upon such terms and conditions as are determined by the department
at the time of the execution of the franchise. The conditions and
limitations upon which any franchise is granted shall be set forth in
full in the instrument executed evidencing the granting of the
franchise.
Every person operating any toll road, toll bridge, or toll
ferry within the State under any franchise granted pursuant to this
article shall keep an accurate account showing the following:
(a) The cost of construction thereof and the amount expended in
keeping such toll road, toll bridge, or toll ferry in repair.
(b) The cost for operation and maintenance thereof.
(c) A record of the true financial condition of such person. On or
before March 15th of each year, he shall file with the department a
statement for the preceding calendar year setting forth such
information, verified by himself, or if a firm, association, or
corporation by some member or officer thereof having knowledge of the
facts.
The department shall prescribe:
(a) A uniform system of accounts for all such toll roads, toll
bridges, and toll ferries:
(b) The manner in which the account of costs of construction,
repair, operation, and maintenance thereof and the annual statement
of expenditures and revenues shall be kept.
(c) The forms of the statements required by this article.
The department may make orders and prescribe rules and
regulations with respect to toll roads, and toll bridges, or toll
ferries in conformity with this article.
All money received from any franchise granted by the
department pursuant to this article shall be deposited in the State
Highway Account.
The enforcement and administration of this article is
declared to be a part of the highway program of the state, and all
necessary expenditures of the department therefor are payable out of
the State Highway Account.
Private entities shall reimburse the Department of the
California Highway Patrol for the actual costs incurred by that
department for traffic enforcement services rendered pursuant to
subdivision (a) of Section 23251 of the Vehicle Code on toll highways
which are publicly owned and privately operated. All funds collected
by the Department of the California Highway Patrol shall be
deposited in the Motor Vehicle Account in the State Transportation
Fund.
The board of supervisors shall not grant franchises and
licenses for the construction, taking, and keeping of tolls on roads,
bridges, and ferries in its county.
This article does not apply to any of the following:
(a) Any person who on August 14, 1929, held a franchise for a toll
bridge or toll road or operated a toll bridge or toll road under
such a franchise, or to any toll road or toll bridge franchise
existing on that date.
(b) Any person who on August 21, 1933, held a franchise for a toll
ferry or operated a toll ferry under such a franchise, or to any
toll ferry franchise existing on that date.
(c) Any toll ferry operated or to be operated by a municipality.
This article does not prevent the State, or any city,
county, incorporated bridge and highway district, or joint highway
district from acquiring or constructing toll roads, toll bridges, and
toll ferries under the restrictions imposed by any law authorizing
the construction, acquisition, or condemnation of toll roads, or toll
bridges through the use of revenue bonds.
This article does not conflict in any manner with any law
authorizing the construction, acquisition, or condemnation of toll
roads or toll bridges through the use of revenue bonds.
(a) No toll shall be imposed on the passage of a pedestrian
or bicycle over any bridge that is part of the state highway system,
on which the travel of pedestrians and bicycles is otherwise
authorized, and on which tolls are imposed on the passage of motor
vehicles, including any bridge constructed pursuant to a franchise
granted under this article.
(b) This section shall remain in effect only until January 1,
2021, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2021, deletes or extends
that date.