SECTIONS 30100-30113

30100.  Whenever, in the opinion of the commission and of thedepartment, it is necessary or desirable to do so, the commissionshall 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 acrosswater, bays, arms of bays, straits, rivers, and streams inCalifornia, both navigable and unnavigable, or across any stream thatis a boundary line between California and any other state, or tolltunnels through mountains in California. (b) Transportation facilities of any toll bridges or toll highwaycrossings constructed or acquired, or to be constructed or acquired,pursuant to this chapter. (c) Additional transportation facilities connecting or coordinatedwith any such toll bridge or other highway crossing or thetransportation facilities thereon. The commission may authorize and direct the department to pay forany such construction or acquisition out of any funds provided ormade available by this chapter. Whenever a project consists of a tubeor tunnel which will accommodate traffic served by a privately ownedferry, the commission may acquire such ferry.30100.1.  Notwithstanding any other provision of law, the commissionmay include, in any issue of revenue bonds, funds sufficient tofinance the establishment of a ferry system as authorized by Section30356, including the purchase or construction of ferry boats,wharves, docks, ferry slips, and other facilities necessary to theoperation and maintenance of a ferry system. Upon determining that itis feasible to do so, the commission shall take all steps necessaryto finance the establishment of ferry systems. Revenues derived fromthe operation of any ferry system shall be pledged as security forthe payment of the bonds issued to finance the establishment of thesystem.30100.5.  Notwithstanding Section 30100 or any other provision oflaw, no bridge or other highway crossing shall be constructed acrossSan Francisco Bay by the commission, the department, or the GoldenGate Bridge, Highway and Transportation District, except to replacebridges or highway crossings on a one-for-one basis.30101.  Except as otherwise provided by statute for the commissionand the Bay Area Toll Authority, the commission shall fix the ratesof toll and other charges for all toll bridges, tubes, or other tollhighway crossings acquired or built pursuant to this chapter.Notwithstanding this section or any other provision of law, neitherthe commission nor the Bay Area Toll Authority may change the seismicretrofit 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 orreturning from mutual aid calls or other emergencies, and othervehicles owned by any public agency when called upon to performemergency work on the property of any toll bridge, tube, or othertoll highway crossing, to cross toll bridges, tubes, or other tollhighway crossings without paying a toll.30101.6.  The commission shall grant toll-free passage on all tollbridges, tubes, and other toll highway crossings under itsjurisdiction to members of the California Highway Patrol on duty. Members of the California Highway Patrol, in all cases while onduty, are persons directly connected with the operation of tollbridges, tubes, and other toll highway crossings as such persons aredesignated in all of the bond resolutions adopted by the commissionto authorize the issuance of bonds to finance the construction oftoll structures.30101.7.  (a) The commission shall grant toll free passage on alltoll bridges, tubes, and other toll highway crossings under itsjurisdiction to vehicles in a funeral procession of a person who diedwhile on active duty with the armed services of the United States. (b) The commission shall submit a claim for the loss in revenuesresulting from subdivision (a) to the State Controller, who shallreimburse the commission in the amount submitted in the claim fromfunds 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 implementthis section.30101.8.  (a) The commission may grant toll-free and reduced-ratepassage on all toll bridges under its jurisdiction to class Ivehicles occupied by three or more persons, including the driver, andto buses. For bridges within the area under the jurisdiction of theMetropolitan Transportation Commission, the Bay Area Toll Authoritymay grant toll-free and reduced-rate passage. (b) Notwithstanding subdivision (a), tolls on the bridges shall bemaintained at rates sufficient to meet any obligation to the holdersof bonds secured by a pledge of bridge toll revenues, as set forthin any bond resolution, indenture, or covenants, and the commissionshall revise or eliminate any toll-free or reduced-rate toll scheduleadopted pursuant to subdivision (a) as necessary to ensurecompliance with those obligations. (c) If the commission grants toll-free and reduced-rate passagepursuant to subdivision (a), the commission shall also grant the sametoll-free and reduced-rate passage to class I vehicles designed bythe 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, inestablishing toll charges, shall give consideration to the cost ofoperating and maintaining any particular toll bridge or other tollhighway crossing, including the cost of insurance, the cost ofoperating and maintaining any ferry established and operated pursuantto Section 30356, and the amount required annually to meet theredemption of bonds and interest payments thereon. At all times, thetolls and charges shall be fixed at rates to yield annual revenueequal to the annual operating and maintenance expenses, includinginsurance costs, the cost of operating and maintaining any ferryestablished and operated pursuant to Section 30356, and allredemption payments and interest charges of the bonds issued for anyparticular toll bridge or other toll highway as they fall due.30102.5.  Consistent with Section 30918, the Bay Area Toll Authorityshall fix the rates of the toll charge, except as provided inSection 30921, and may grant reduced-rate and toll-free passage onthe state-owned toll bridges within the jurisdiction of theMetropolitan Transportation Commission.30103.  Toll charges so fixed may be changed from time to time asconditions warrant.30104.  The commission shall prescribe the terms and conditions uponwhich any person, or private, public, or municipal corporation, orany district or political subdivision may do any of the following: (a) Transport any person or property over any toll bridge or othertoll highway crossing acquired or constructed, or to be acquired orconstructed, or in course of construction pursuant to this chapter. (b) Operate any transportation facilities thereon. (c) Transport any person or property over any additionaltransportation facilities, constructed or acquired pursuant to thischapter, or use or operate such additional transportation facilities. No person, or private, public, or municipal corporation, ordistrict or political subdivision shall do any of the acts specifiedin subdivisions (a), (b), and (c) of this section, except inaccordance with authorization or permission to do so from thecommission.30105.  The commission may also grant permits to and enter intocontracts with steam, electric, bus, railroad, and othertransportation companies, public or private, and with any municipalor public corporation, public utility district, or politicalsubdivision for the use of any toll bridge or other toll highwaycrossing, and for the use of the transportation facilities and theadditional transportation facilities thereof, upon such terms andconditions as are mutually agreed upon if, prior to the granting ofthe permit or the execution of the contract, the commission firstdetermines that the permit or contract is advisable or necessary forthe financing of the bridge or other toll highway crossing or for theproper, necessary, or safe use of the bridge and for the bestinterests of the state.30106.  The grant of any such permit or the execution of any suchcontract by the California Transportation Commission shall notrelieve any transportation company or corporation subject to thejurisdiction of the Public Utilities Commission from the duty ofobtaining any certificate of public convenience and necessity for theconduct of a transportation service over any toll bridge or otherhighway crossing as required by law, or from the duty of complyingwith every lawful order, rule, or regulation of the Public UtilitiesCommission respecting such transportation service.30107.  In any such contract or permit, the commission may authorizethe transportation company or corporation, district, or politicalsubdivision providing transportation to use the transportationfacilities and additional transportation facilities of the commissionupon such terms and in such manner as the commission deems proper.Such use may be authorized without restriction to the particular tollbridge or other highway crossing to which the transportationfacilities and additional transportation facilities relate, but theuse authorized shall be for or in aid of the transportation ofpersons or property over that bridge or other highway crossing or theapproaches thereto.30108.  Every contract which the commission enters into with, andevery permit which it grants to, any person, or private, public, ormunicipal corporation, any district or political subdivision, for thetransportation of persons or property by such person, or private,public, or municipal corporation, or district or politicalsubdivision over any toll bridge or other toll highway crossing, orover the additional transportation facilities of any toll bridge orother toll highway crossing, shall contain a provision that noprivilege 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 suchtoll bridge or with regard to additional transportation facilities,shall be an element of value in any subsequent condemnationproceeding against any such person, private, public, or municipalcorporation, district, or political subdivision.30109.  No privilege, permit, or contract right acquired by any suchperson, private, public, or municipal corporation, district, orpolitical subdivision, with regard to the transport of persons orproperty over any such toll bridge or other toll highway crossing orwith regard to use of or passage over any additional transportationfacilities shall constitute an element of value in any condemnationproceeding.30110.  The commission, in behalf of the State, by itself or itsagents or assigns, or through the department or its agents orassigns, may operate the transportation facilities of any toll bridgeor other highway crossing constructed or acquired pursuant to thischapter and the additional transportation facilities authorized to beconstructed or acquired pursuant to this chapter. This power may beexercised upon default of any party contracting under Section 30104or 30105 with the commission for the transportation of persons orproperty for hire over any toll bridge or other toll highwaycrossing, or upon the termination or cessation of any such contractor agreement, or in the absence of such contract or agreement. Prior to the operation of any such transportation facilities bythe commission or its agents or assigns or by the department or itsagents or assigns, the commission shall first determine that theoperation thereof is advisable or necessary for the financing of thebridge or other toll highway crossing, or for the proper or necessaryuse of the bridge or other toll highway crossing, and is for thebest interests of the State.30111.  The commission, the officials thereof, and all stateofficials may do such acts and make such agreements not inconsistentwith law as are necessary or desirable in connection with the dutiesand powers conferred upon them respectively by law regarding theconstruction, maintenance, operation, and insurance of toll bridgesor other highway crossings, and the transportation facilities thereofor thereto, or the safeguarding of the funds and revenues requiredfor such purposes and the payment of the indebtedness incurredtherefor.30112.  The department and commission shall consider the inclusionof bicycle and pedestrian facilities on each new toll bridge designedand constructed pursuant to this division, including appropriateconnections thereto. Such facilities shall be included on each suchnew bridge if the commission finds that they are economically andphysically feasible. If the commission finds such facilities are notfeasible, it shall report its findings to the Legislature at leastone year prior to commencement of construction, including the factson which the commission based its decision. The cost of the bicycle and pedestrian facilities on theapproaches to the toll bridge shall be paid by the commission as apart of the cost of construction of the toll bridge, unless the costof such facilities is to be paid by a governmental agency other thana state agency. The feasibility study for such facilities shallreflect whether the commission or a governmental agency other than astate agency shall pay the cost of such facilities. The Legislature finds that the increased use of the bicycle is adesirable activity which should be encouraged by the improvement ofaccess available to that mode of transportation. It is the intent ofthe Legislature, in enacting this section, to provide for the use oftoll bridges by both pedestrians and bicycles, wherever this iseconomically and physically feasible.30113.  (a) The commission may utilize net revenues from tollbridges in order to finance research on high technology motioncontrol devices to be used on the bridges. (b) If the Metropolitan Transportation Commission allocates tollbridge net revenues as defined in Section 30884, it may utilize netrevenues from the bridges under its jurisdiction to finance theresearch referred to in subdivision (a).