O.C. Agency May Seek to Buy 91 Tollway

Seeking to unclog one of the busiest freeways in the state, the Orange County Transportation Authority on Monday agreed to consider buying four privately run toll lanes that some critics blame for the Riverside Freeway’s severe congestion.

The action represents a critical step for Orange County in trying to deal with the 91 Express Lanes. The lanes are owned by a private venture that has an agreement with the state preventing major improvements to the freeway’s public lanes because that could take business from the toll lanes.

“A privately owned toll road has no business running down that freeway,” said OCTA board member Todd Spitzer, who is also a county supervisor. “This is an unequivocal commitment to changing the rules in the 91 corridor.”

Officials with California Private Transportation Co., which owns the toll lanes, recently refinanced their operation and said the lanes are not for sale. They said they would be open to discussions, however.

The 10-mile tollway, which opened in 1995 with OCTA’s blessing, was built for $130 million along the spine of the freeway from Anaheim to the Riverside County line.

OCTA board members approved a study of the options on the toll lanes at their regular meeting Monday. The results are due in 60 days.

Members said the tollway company filled a void in the early 1990s when there was little public funds for major highway projects in California. But they have grown increasingly concerned about an agreement between the toll lane operator and Caltrans that has complicated attempts to substantially increase the capacity of the Riverside Freeway.

The agreement prohibits improvements, such as adding lanes, if they threaten to draw customers away from the tollway. Critics contend that the agreement has been a stumbling block to reducing congestion on the freeway, which is the only major link between the Inland Empire and Orange County.

If trends continue, the number of vehicles on the 91 from Riverside and San Bernardino counties is expected to increase from 270,000 during the morning and evening rush hours to more than 400,000 by 2015.

“We have all observed with growing concern the serious congestion affecting the 91 corridor,” said OCTA board Chairman Michael Ward, who proposed the study. “The degradation and eventual breakdown of this vital transportation link is a threat to our local economy and our quality of life.”

The OCTA study will evaluate costs, funding sources and the benefits of buying out either the clause that bars freeway improvements or the entire toll lane operation. It will include a list of improvements that could be done to the freeway if there is a partial or total buyout.

OCTA board members cautioned Monday that the study is not an indication that they favor or endorse buying out the 91 Express Lanes but that they are exploring the option.

The board noted an OCTA public opinion poll in July showing that most Orange County voters consider improving the Riverside Freeway a priority. The poll also indicated that the public wants the freeway fixed before it would be willing to talk about building a new highway through the Cleveland National Forest. Riverside County has proposed tunneling or cutting through the forest to reach Orange County.

Greg Hulsizer, general manager of the toll lane operation, said the lanes are not for sale at this time, nor is the company contemplating a sale later. The company has just completed a $135-million refinancing, he said, and there is “strong economic potential” for the toll lanes.

“It is premature to say where OCTA is going,” Hulsizer said, “but I will be happy to sit down and talk to them.”

Hulsizer declined to speculate on the worth of the toll lanes. The company valued the lanes at about $230 million when it considered selling the operation three years ago.

Although a decision has not been made to proceed with a purchase, Spitzer estimated that it would cost about $200 million. The cost, he said, could be absorbed by the authority without jeopardizing pending projects, such as carpool lanes for the Garden Grove Freeway or the widening of the Santa Ana Freeway in north Orange County.

Spitzer also said that if OCTA approves buying the private lanes, other funding might come from government agencies affected by congestion on the Riverside Freeway, such as Caltrans and the Riverside County Transportation Commission, which has long opposed the tollway.

Riverside County officials welcomed the study and OCTA’s overture to addressing the so-called noncompete clause, but they said it was premature to discuss whether they would help buy out the toll lanes.

Riverside County is challenging the legality of the agreement between Caltrans and the tollway operator. The issue has repeatedly frustrated talks between Riverside and Orange County officials.

“Things can only improve, and they have been improving,” said Riverside County Supervisor John Tavaglione, whose district is affected by the 91’s congestion. “This is a step in the right direction.”