Agency to Study Option of Buying Toll Lanes on Riverside Freeway

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, a private venture that has an agreement with the state preventing major improvements to the Riverside Freeway.

“A privately owned toll road has no business running down that freeway,” said transportation authority board member Todd Spitzer, who also is 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 tollway, 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 the Orange County Transportation Authority’s blessing, was built for $130 million down the spine of the freeway from Anaheim to the Riverside County border.

Authority board members approved the study at their regular meeting Monday, saying the tollway company filled a void in the early 1990s when there was little public money to fund major highway projects in California.

But, board members agreed, they have grown increasingly concerned about an agreement between the tollway operator and Caltrans that has complicated attempts to substantially increase the Riverside Freeway’s capacity.

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

Rush-Hour Crunch Expected to Worsen

If trends continue, the number of vehicles from Riverside and San Bernardino counties is expected to increase from 270,000 vehicles 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 Orange County Transportation Authority 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 authority’s study, which is due in 60 days, will evaluate costs, funding sources and the benefits of buying out either the clause that bars freeway improvements or the entire tollway operation. It will include a list of improvements that could be done to the freeway if there is a partial or total buyout.

Authority board members cautioned Monday that the study is not an indication they favor or endorse buying out the 91 Express Lanes, only a willingness to explore the possibility.

The board noted a transportation authority public opinion poll in July showing a majority of Orange County voters consider improving the Riverside Freeway a top priority. The poll also indicated the public wants the freeway fixed before it is willing to talk about building a new highway through the Cleveland National Forest. Riverside County had advanced the idea of tunneling or cutting through the forest to reach Orange County.

Greg Hulsizer, general manager of the tollway operation, said the lanes are not for sale at this time nor is the company contemplating a sale in the future. 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 tollway. 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 a buyout of the tollway operation 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 the Orange County Transportation Authority approved purchasing 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 the transit agency’s overture to address the so-called non-compete 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. Among other things, the dispute 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. “This is a step in the right direction.”