2560. This chapter shall be known and may be cited as the Freeway
Service Patrol Act.
2560.5. (a) The purpose of this chapter is to provide for the
implementation of a freeway service patrol system using a
formula-based allocation, referred to as baseline funding allocation,
to all eligible regional and local agencies for traffic-congested
urban freeways throughout the state, involving a cooperative effort
between state and local agencies. All regional or local agency
programs that meet the minimum eligibility requirements set forth in
this section and Section 2562.1 shall receive initial funding from
the baseline funding allocation.
(b) In addition to the formula-based allocation program
established, subject to funds being appropriated in the annual Budget
Act, in subdivision (a), there is hereby established a Competitive
Freeway Service Patrol Grant Program to provide funding of a freeway
service patrol system to reduce traffic congestion.
2561. As used in this chapter, each of the following terms has the
following meaning:
(a) "Emergency roadside assistance" has the same meaning as
defined in Section 2436 of the Vehicle Code.
(b) "Employer" has the same meaning as defined in Section 2430.1
of the Vehicle Code.
(c) "Freeway service patrol" means a program managed by the
Department of the California Highway Patrol, the department, and a
regional or local entity which provides emergency roadside assistance
on a freeway in an urban area.
(d) "Regional or local entity" has the same meaning as defined in
Section 2430.1 of the Vehicle Code.
(e) "Tow truck driver" has the same meaning as defined in Section
2430.1 of the Vehicle Code.
2561.3. The freeway service patrol in any particular area shall be
operated pursuant to an agreement between the Department of the
California Highway Patrol, the department, and the appropriate
regional or local entity.
2561.5. (a) Funding for the freeway service patrols established
pursuant to this chapter shall be provided, upon appropriation in the
annual Budget Act, from the State Highway Account in the State
Transportation Fund. In addition, the appropriate regional or local
entity shall ensure that local resources are expended on freeway
service patrols in an amount not less than 25 percent of the amount
provided from the State Highway Account.
(b) In locations where a freeway service patrol exists, the
department shall coordinate and integrate the funds appropriated
pursuant to this section into the existing program. In the allocation
of these funds, no local entity may be penalized for having an
existing freeway service patrol program.
(c) No state funding may be released prior to the execution of the
agreement developed under Section 2561.3.
(d) No program funded under this chapter may supplant emergency
response towing services provided by the department as of January 1,
1992.
(e) It is the intent of the Legislature that funding provided
under subdivision (a) of Section 2560.5 be consistent from year to
year in order to facilitate the awarding of multiyear contracts
between participating regional and local entities and providers of
freeway patrol services. The department shall only recognize
multiyear contract commitments equal to or less than three years. If
new freeway service patrol regional or local entity programs are
added to the baseline funding allocation, as described in Section
2560.5, those programs shall be phased in so as not to impact the
multiyear contract commitments. However, once a new application from
an eligible regional or local entity is submitted and approved, the
share of the baseline funding allocation to the regional or local
agency shall be phased in within three years of the date the
application is approved.
2562.1. (a) Funding for the program established in subdivision (a)
of Section 2560.5 in a participating area shall be based 25 percent
on the number of urban freeway lane miles in the participating area
to the total number of freeway lane miles in all the participating
areas, 50 percent on the basis of the ratio of the population of the
participating area to the total population of all the participating
areas, and 25 percent on the basis of traffic congestion as
ascertained by the department pursuant to the most recent Statewide
Highway Traffic Congestion Monitoring Program. A regional or local
agency submitting an application after July 1, 2003, for funding
shall demonstrate in the application an overall benefit-cost ratio of
3 to 1. The department shall determine the benefit-cost ratio
methodology.
(b) If a regional or local agency submits an application for
funding that is approved by the department before December 31 of any
year and additional funding is not provided to the baseline funding
allocation, the department shall allocate the funding allocation at a
maximum over three years as follows:
(1) Thirty-three and three-tenths percent of the total amount of
the allocation during the immediately following fiscal year.
(2) Sixty-six and six-tenths percent of the total amount of the
allocation during the fiscal year that immediately follows the fiscal
year described in paragraph (1).
(3) One hundred percent of the total amount of the allocation
during the fiscal year that immediately follows the fiscal year
described in paragraph (2).
2562.2. (a) Not later than 90 days after the effective date of this
section, the department shall prepare guidelines for the
implementation of a Competitive Freeway Service Patrol Grant Program
and shall submit those guidelines to each regional or local agency
operating a freeway service patrol. Not later than 30 days after
receipt of the guidelines, the regional or local agency shall submit
its written comments to the department.
(b) Not later than 150 days after the effective date of this
section, the department shall publish the final guidelines for the
Competitive Freeway Service Patrol Grant Program and commence
implementation of the program. The guidelines shall not constitute a
regulation for the purposes of Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(c) The guidelines prepared pursuant to this section shall comply
with the following requirements:
(1) Grants to be awarded to a regional or local agency applicant
on a competitive basis for contracting with an employer for the
provision of a new or expanded freeway service patrol service and for
contracting with the Department of the California Highway Patrol for
the provision of only direct supervisory services warranted by
workload standards to reduce traffic congestion.
(2) The grant to require a matching share by the regional or local
agency equaling not less than 25 percent of the amount provided from
the State Highway Account.
(3) The grant to be awarded on the basis of project need and
effectiveness calculated on a cost benefit analysis.
(4) The amount of a grant to be made to a regional or local agency
shall not exceed 35 percent of the total amount of the available
grant funds.
(5) The regional or local agency demonstrates that the services it
proposes to fund with the grant are new freeway service patrol
services that were not previously provided in its jurisdiction.
(6) The regional or local agency demonstrates its ability to
support and supervise the new or expanded services provided by the
Department of the California Highway Patrol.
(d) This section shall be operative only if funds are appropriated
for its purposes in the annual Budget Act.
2562.3. In determining the baseline annual funding allocation,
regional or local entities shall apply to the department in
accordance with operational standards as outlined in the program
guidelines and in accordance with the eligibility requirements
described in Sections 2561.5 and 2562.1. A regional or local entity
that meets the eligibility requirements may not be denied its fair
share of the baseline annual allocation made by the department.
2562.5. Each tow truck participating in a freeway service patrol
shall bear a logo comprised of, at a minimum, a circle, a triangle,
and a tow truck silhouette, with the words "Freeway Service Patrol,"
which identifies the Department of the California Highway Patrol and
the department, and, at the option of the entity, the participating
regional or local entity. Participating regional or local entities
may place an approved logo on participating tow trucks.
2563. Tow truck drivers and employers participating in a freeway
service patrol pursuant to this chapter are subject to the standards
and qualifications established under Article 3.3 (commencing with
Section 2430) of Chapter 2 of Division 2 of the Vehicle Code.
2564. Not more than 2 percent of the state funds appropriated for
purposes of this chapter shall be used for administrative overhead
expenses or purposes by state agencies. No state funds shall be used
for administrative purposes by the participating local and regional
entities.
2565. The department, the Department of the California Highway
Patrol, and participating and eligible regional and local entities
shall develop and periodically update guidelines for program
operations, as those guidelines and updates may be required. The
guidelines shall address operational requirements only and may not
prevent a regional or local entity from entering the program.
2560. This chapter shall be known and may be cited as the Freeway
Service Patrol Act.
2560.5. (a) The purpose of this chapter is to provide for the
implementation of a freeway service patrol system using a
formula-based allocation, referred to as baseline funding allocation,
to all eligible regional and local agencies for traffic-congested
urban freeways throughout the state, involving a cooperative effort
between state and local agencies. All regional or local agency
programs that meet the minimum eligibility requirements set forth in
this section and Section 2562.1 shall receive initial funding from
the baseline funding allocation.
(b) In addition to the formula-based allocation program
established, subject to funds being appropriated in the annual Budget
Act, in subdivision (a), there is hereby established a Competitive
Freeway Service Patrol Grant Program to provide funding of a freeway
service patrol system to reduce traffic congestion.
2561. As used in this chapter, each of the following terms has the
following meaning:
(a) "Emergency roadside assistance" has the same meaning as
defined in Section 2436 of the Vehicle Code.
(b) "Employer" has the same meaning as defined in Section 2430.1
of the Vehicle Code.
(c) "Freeway service patrol" means a program managed by the
Department of the California Highway Patrol, the department, and a
regional or local entity which provides emergency roadside assistance
on a freeway in an urban area.
(d) "Regional or local entity" has the same meaning as defined in
Section 2430.1 of the Vehicle Code.
(e) "Tow truck driver" has the same meaning as defined in Section
2430.1 of the Vehicle Code.
2561.3. The freeway service patrol in any particular area shall be
operated pursuant to an agreement between the Department of the
California Highway Patrol, the department, and the appropriate
regional or local entity.
2561.5. (a) Funding for the freeway service patrols established
pursuant to this chapter shall be provided, upon appropriation in the
annual Budget Act, from the State Highway Account in the State
Transportation Fund. In addition, the appropriate regional or local
entity shall ensure that local resources are expended on freeway
service patrols in an amount not less than 25 percent of the amount
provided from the State Highway Account.
(b) In locations where a freeway service patrol exists, the
department shall coordinate and integrate the funds appropriated
pursuant to this section into the existing program. In the allocation
of these funds, no local entity may be penalized for having an
existing freeway service patrol program.
(c) No state funding may be released prior to the execution of the
agreement developed under Section 2561.3.
(d) No program funded under this chapter may supplant emergency
response towing services provided by the department as of January 1,
1992.
(e) It is the intent of the Legislature that funding provided
under subdivision (a) of Section 2560.5 be consistent from year to
year in order to facilitate the awarding of multiyear contracts
between participating regional and local entities and providers of
freeway patrol services. The department shall only recognize
multiyear contract commitments equal to or less than three years. If
new freeway service patrol regional or local entity programs are
added to the baseline funding allocation, as described in Section
2560.5, those programs shall be phased in so as not to impact the
multiyear contract commitments. However, once a new application from
an eligible regional or local entity is submitted and approved, the
share of the baseline funding allocation to the regional or local
agency shall be phased in within three years of the date the
application is approved.
2562.1. (a) Funding for the program established in subdivision (a)
of Section 2560.5 in a participating area shall be based 25 percent
on the number of urban freeway lane miles in the participating area
to the total number of freeway lane miles in all the participating
areas, 50 percent on the basis of the ratio of the population of the
participating area to the total population of all the participating
areas, and 25 percent on the basis of traffic congestion as
ascertained by the department pursuant to the most recent Statewide
Highway Traffic Congestion Monitoring Program. A regional or local
agency submitting an application after July 1, 2003, for funding
shall demonstrate in the application an overall benefit-cost ratio of
3 to 1. The department shall determine the benefit-cost ratio
methodology.
(b) If a regional or local agency submits an application for
funding that is approved by the department before December 31 of any
year and additional funding is not provided to the baseline funding
allocation, the department shall allocate the funding allocation at a
maximum over three years as follows:
(1) Thirty-three and three-tenths percent of the total amount of
the allocation during the immediately following fiscal year.
(2) Sixty-six and six-tenths percent of the total amount of the
allocation during the fiscal year that immediately follows the fiscal
year described in paragraph (1).
(3) One hundred percent of the total amount of the allocation
during the fiscal year that immediately follows the fiscal year
described in paragraph (2).
2562.2. (a) Not later than 90 days after the effective date of this
section, the department shall prepare guidelines for the
implementation of a Competitive Freeway Service Patrol Grant Program
and shall submit those guidelines to each regional or local agency
operating a freeway service patrol. Not later than 30 days after
receipt of the guidelines, the regional or local agency shall submit
its written comments to the department.
(b) Not later than 150 days after the effective date of this
section, the department shall publish the final guidelines for the
Competitive Freeway Service Patrol Grant Program and commence
implementation of the program. The guidelines shall not constitute a
regulation for the purposes of Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(c) The guidelines prepared pursuant to this section shall comply
with the following requirements:
(1) Grants to be awarded to a regional or local agency applicant
on a competitive basis for contracting with an employer for the
provision of a new or expanded freeway service patrol service and for
contracting with the Department of the California Highway Patrol for
the provision of only direct supervisory services warranted by
workload standards to reduce traffic congestion.
(2) The grant to require a matching share by the regional or local
agency equaling not less than 25 percent of the amount provided from
the State Highway Account.
(3) The grant to be awarded on the basis of project need and
effectiveness calculated on a cost benefit analysis.
(4) The amount of a grant to be made to a regional or local agency
shall not exceed 35 percent of the total amount of the available
grant funds.
(5) The regional or local agency demonstrates that the services it
proposes to fund with the grant are new freeway service patrol
services that were not previously provided in its jurisdiction.
(6) The regional or local agency demonstrates its ability to
support and supervise the new or expanded services provided by the
Department of the California Highway Patrol.
(d) This section shall be operative only if funds are appropriated
for its purposes in the annual Budget Act.
2562.3. In determining the baseline annual funding allocation,
regional or local entities shall apply to the department in
accordance with operational standards as outlined in the program
guidelines and in accordance with the eligibility requirements
described in Sections 2561.5 and 2562.1. A regional or local entity
that meets the eligibility requirements may not be denied its fair
share of the baseline annual allocation made by the department.
2562.5. Each tow truck participating in a freeway service patrol
shall bear a logo comprised of, at a minimum, a circle, a triangle,
and a tow truck silhouette, with the words "Freeway Service Patrol,"
which identifies the Department of the California Highway Patrol and
the department, and, at the option of the entity, the participating
regional or local entity. Participating regional or local entities
may place an approved logo on participating tow trucks.
2563. Tow truck drivers and employers participating in a freeway
service patrol pursuant to this chapter are subject to the standards
and qualifications established under Article 3.3 (commencing with
Section 2430) of Chapter 2 of Division 2 of the Vehicle Code.
2564. Not more than 2 percent of the state funds appropriated for
purposes of this chapter shall be used for administrative overhead
expenses or purposes by state agencies. No state funds shall be used
for administrative purposes by the participating local and regional
entities.
2565. The department, the Department of the California Highway
Patrol, and participating and eligible regional and local entities
shall develop and periodically update guidelines for program
operations, as those guidelines and updates may be required. The
guidelines shall address operational requirements only and may not
prevent a regional or local entity from entering the program.
2560. This chapter shall be known and may be cited as the Freeway
Service Patrol Act.
2560.5. (a) The purpose of this chapter is to provide for the
implementation of a freeway service patrol system using a
formula-based allocation, referred to as baseline funding allocation,
to all eligible regional and local agencies for traffic-congested
urban freeways throughout the state, involving a cooperative effort
between state and local agencies. All regional or local agency
programs that meet the minimum eligibility requirements set forth in
this section and Section 2562.1 shall receive initial funding from
the baseline funding allocation.
(b) In addition to the formula-based allocation program
established, subject to funds being appropriated in the annual Budget
Act, in subdivision (a), there is hereby established a Competitive
Freeway Service Patrol Grant Program to provide funding of a freeway
service patrol system to reduce traffic congestion.
2561. As used in this chapter, each of the following terms has the
following meaning:
(a) "Emergency roadside assistance" has the same meaning as
defined in Section 2436 of the Vehicle Code.
(b) "Employer" has the same meaning as defined in Section 2430.1
of the Vehicle Code.
(c) "Freeway service patrol" means a program managed by the
Department of the California Highway Patrol, the department, and a
regional or local entity which provides emergency roadside assistance
on a freeway in an urban area.
(d) "Regional or local entity" has the same meaning as defined in
Section 2430.1 of the Vehicle Code.
(e) "Tow truck driver" has the same meaning as defined in Section
2430.1 of the Vehicle Code.
2561.3. The freeway service patrol in any particular area shall be
operated pursuant to an agreement between the Department of the
California Highway Patrol, the department, and the appropriate
regional or local entity.
2561.5. (a) Funding for the freeway service patrols established
pursuant to this chapter shall be provided, upon appropriation in the
annual Budget Act, from the State Highway Account in the State
Transportation Fund. In addition, the appropriate regional or local
entity shall ensure that local resources are expended on freeway
service patrols in an amount not less than 25 percent of the amount
provided from the State Highway Account.
(b) In locations where a freeway service patrol exists, the
department shall coordinate and integrate the funds appropriated
pursuant to this section into the existing program. In the allocation
of these funds, no local entity may be penalized for having an
existing freeway service patrol program.
(c) No state funding may be released prior to the execution of the
agreement developed under Section 2561.3.
(d) No program funded under this chapter may supplant emergency
response towing services provided by the department as of January 1,
1992.
(e) It is the intent of the Legislature that funding provided
under subdivision (a) of Section 2560.5 be consistent from year to
year in order to facilitate the awarding of multiyear contracts
between participating regional and local entities and providers of
freeway patrol services. The department shall only recognize
multiyear contract commitments equal to or less than three years. If
new freeway service patrol regional or local entity programs are
added to the baseline funding allocation, as described in Section
2560.5, those programs shall be phased in so as not to impact the
multiyear contract commitments. However, once a new application from
an eligible regional or local entity is submitted and approved, the
share of the baseline funding allocation to the regional or local
agency shall be phased in within three years of the date the
application is approved.
2562.1. (a) Funding for the program established in subdivision (a)
of Section 2560.5 in a participating area shall be based 25 percent
on the number of urban freeway lane miles in the participating area
to the total number of freeway lane miles in all the participating
areas, 50 percent on the basis of the ratio of the population of the
participating area to the total population of all the participating
areas, and 25 percent on the basis of traffic congestion as
ascertained by the department pursuant to the most recent Statewide
Highway Traffic Congestion Monitoring Program. A regional or local
agency submitting an application after July 1, 2003, for funding
shall demonstrate in the application an overall benefit-cost ratio of
3 to 1. The department shall determine the benefit-cost ratio
methodology.
(b) If a regional or local agency submits an application for
funding that is approved by the department before December 31 of any
year and additional funding is not provided to the baseline funding
allocation, the department shall allocate the funding allocation at a
maximum over three years as follows:
(1) Thirty-three and three-tenths percent of the total amount of
the allocation during the immediately following fiscal year.
(2) Sixty-six and six-tenths percent of the total amount of the
allocation during the fiscal year that immediately follows the fiscal
year described in paragraph (1).
(3) One hundred percent of the total amount of the allocation
during the fiscal year that immediately follows the fiscal year
described in paragraph (2).
2562.2. (a) Not later than 90 days after the effective date of this
section, the department shall prepare guidelines for the
implementation of a Competitive Freeway Service Patrol Grant Program
and shall submit those guidelines to each regional or local agency
operating a freeway service patrol. Not later than 30 days after
receipt of the guidelines, the regional or local agency shall submit
its written comments to the department.
(b) Not later than 150 days after the effective date of this
section, the department shall publish the final guidelines for the
Competitive Freeway Service Patrol Grant Program and commence
implementation of the program. The guidelines shall not constitute a
regulation for the purposes of Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(c) The guidelines prepared pursuant to this section shall comply
with the following requirements:
(1) Grants to be awarded to a regional or local agency applicant
on a competitive basis for contracting with an employer for the
provision of a new or expanded freeway service patrol service and for
contracting with the Department of the California Highway Patrol for
the provision of only direct supervisory services warranted by
workload standards to reduce traffic congestion.
(2) The grant to require a matching share by the regional or local
agency equaling not less than 25 percent of the amount provided from
the State Highway Account.
(3) The grant to be awarded on the basis of project need and
effectiveness calculated on a cost benefit analysis.
(4) The amount of a grant to be made to a regional or local agency
shall not exceed 35 percent of the total amount of the available
grant funds.
(5) The regional or local agency demonstrates that the services it
proposes to fund with the grant are new freeway service patrol
services that were not previously provided in its jurisdiction.
(6) The regional or local agency demonstrates its ability to
support and supervise the new or expanded services provided by the
Department of the California Highway Patrol.
(d) This section shall be operative only if funds are appropriated
for its purposes in the annual Budget Act.
2562.3. In determining the baseline annual funding allocation,
regional or local entities shall apply to the department in
accordance with operational standards as outlined in the program
guidelines and in accordance with the eligibility requirements
described in Sections 2561.5 and 2562.1. A regional or local entity
that meets the eligibility requirements may not be denied its fair
share of the baseline annual allocation made by the department.
2562.5. Each tow truck participating in a freeway service patrol
shall bear a logo comprised of, at a minimum, a circle, a triangle,
and a tow truck silhouette, with the words "Freeway Service Patrol,"
which identifies the Department of the California Highway Patrol and
the department, and, at the option of the entity, the participating
regional or local entity. Participating regional or local entities
may place an approved logo on participating tow trucks.
2563. Tow truck drivers and employers participating in a freeway
service patrol pursuant to this chapter are subject to the standards
and qualifications established under Article 3.3 (commencing with
Section 2430) of Chapter 2 of Division 2 of the Vehicle Code.
2564. Not more than 2 percent of the state funds appropriated for
purposes of this chapter shall be used for administrative overhead
expenses or purposes by state agencies. No state funds shall be used
for administrative purposes by the participating local and regional
entities.
2565. The department, the Department of the California Highway
Patrol, and participating and eligible regional and local entities
shall develop and periodically update guidelines for program
operations, as those guidelines and updates may be required. The
guidelines shall address operational requirements only and may not
prevent a regional or local entity from entering the program.
