91 Express Lanes Toll Policy

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Adopted July 14, 2003

Goals

The goals for the 91 Express Lanes toll policy are to:

• Provide a safe, reliable, predictable commute for 91 Express Lanes customers.
• Optimize vehicle throughput at free flow speeds.
• Pay debt service and maintain debt service coverage.
• Increase average vehicle occupancy.
• Balance capacity and demand to serve customers who pay tolls as well as carpoolers with three or more persons who are offered discounted tolls.
• Generate sufficient revenue to sustain the financial viability of the 91 Express Lanes.
• Ensure all bond covenants are met.
• Repay the Orange County Transportation Authority's (OCTA) internal borrowing and provide net revenues for Riverside Freeway/State Route 91 corridor improvements.¹

¹ As allowable under Assembly Bill 1010.

Definitions

Exhibit I, "Definitions", clarifies terms used in this 91 Express Lanes Toll Policy.

Super Peak Hours

The toll adjustment goals are to: a) reduce the likelihood of congestion by diverting traffic to other hours with available capacity; b) maintain free flow travel speed in the 91 Express Lanes; c) maintain travel time savings; d) accommodate projected growth in travel demand and; e) ensure that the toll road generates sufficient revenue to effectively operate the toll lanes and maintain a strong debt service position.

The toll for use of the 91 Express Lanes during a Super Peak hour shall be determined as follows:

1. Hourly, day, and directional traffic volumes will be continually monitored on a rolling 12 consecutive week period basis.

2. Hourly, day, and directional traffic volumes of 3,128 or more will be flagged for further review.

3. If the hourly, day, and directional traffic volume is Consistently at a level of Super Peak then the toll rate for that hour, day and direction may be increased.

4. The toll for that hour, day, and direction shall be increased, based on the average vehicle volume of the flagged hour, day, and direction identified per Section 2 above, as follows:

   1. if the average flagged vehicle volume is 3,300 or more, then the toll shall be increased by $1.00.
   2. if the average flagged vehicle volume is between 3,200 and 3,299, then the toll shall be increased by $0.75.
   3. if the average flagged vehicle volume is less than 3,200, then the toll shall not be changed.

Six months after a toll increase, the most recent 12 consecutive weeks (excluding weeks with a Holiday or a major traffic anomaly caused by an accident or incident) shall be reviewed for the hour, day and direction that the toll was increased. If the traffic volume is less than 2720 vehicles per hour, day, and direction in six or more of the weeks then the traffic volumes for that hour, day and direction for the 12 consecutive weeks shall be averaged. If the average traffic volume is less than 2720 then the toll shall be reduced by $0.50 to stimulate demand and encourage 91 Express Lanes use.

OCTA's Board of Directors and customers will be informed of a toll adjustment 10 or more days prior to that toll adjustment becoming effective.

Non-Super Peak Hours

All Non-Super Peak tolls shall remain fixed at November 2001 levels except for an annual adjustment for inflation (see Exhibit IV). The Inflation Factor shall be identified and applied beginning July 1, 2004 and at the beginning of each fiscal year thereafter to all Non-Super Peak and Super Peak hours that were not adjusted in the previous 12 months. All tolls shall be rounded up or down to the nearest 5-cent increment.

Discounts

Vehicles with three or more persons (HOV3+), zero emission vehicles (ZEVs), motorcycles, disabled plates and disabled veterans are permitted to ride free in the 91 Express Lanes during most hours. The exception is Monday through Friday 4:00 p.m. to 6:00 p.m. in the eastbound direction when these users pay 50 percent of the toll. The exception that these users pay 50 percent remains in effect until such time as the Debt Service Coverage Ratio - inclusive of senior and subordinated debt - is projected to be 1.2 or greater for a six month period. At that time, HOV3+ users will ride free all day, every day.

Financing Requirements

OCTA shall charge and collect tolls that generate enough revenue to maintain the Debt Service Coverage Ratio to be at least 1.30 to 1.00. OCTA recognizes that it must maintain a strong debt service position in order to satisfy the existing taxable bond covenants as well as the bond covenants in the proposed taxexempt refinancing documents.

Holiday Toll Schedules

All existing holiday toll schedules shall apply. Existing holiday toll schedules are identified on Exhibit V and shall be adjusted by the inflation factor at the beginning of each fiscal year beginning July 1, 2004 in a similar fashion as with Non-Super Peak Hours.

Cash Available for Debt Service - for any Period, the excess, if any, computed on a cash basis, of:

1. the amount of 91 Express Lanes cash receipts during such Period from whatever source, including, without limitation, toll receipts, transponder revenues, amounts paid to OCTA under the Facility Agreements, and investment earnings, excluding:

   • proceeds of insurance,

   • proceeds of the debt service letter of credit or other amounts held in or disbursed from the payment account, the debt service reserve account, the coverage account and the major maintenance reserve account, and

   • the proceeds of any Additional Senior Bonds or Subordinated Bonds, over

2. All Operating and Maintenance Costs incurred during such Period and not deducted in the computation of Cash Available for Debt Service in a prior Period. In computing Operating and Maintenance Costs for any Period, an appropriate prorating will be made for expenditures such as insurance premiums and taxes that would be prorated if the computation were to be made in accordance with GAAP

Consistently - Any six weeks of twelve consecutive weeks, excluding any week that includes a Holiday or major traffic pattern anomaly caused by an accident or incident.

Debt Service - for any Period, all payments of principal, interest, premiums (if any), fees and other amounts made (including by way of prepayment) or required to be made by OCTA during such Period under the Bond Documents (debt service payments related to OCTA's internal subordinated debt borrowings are to be excluded from these calculations). In computing Debt Service for any Period prior to the issuance of the new bonds, OCTA will give pro forma effect to the transactions contemplated by the Bond Documents and the use of proceeds of the new bonds. In computing Debt Service for any prospective Period, OCTA will estimate in good faith such payments on the basis of reasonable assumptions. Such assumptions will include the absence of any waivers of or amendments to any agreements and the absence of any optional or extraordinary mandatory redemption of the bonds.

Debt Service Coverage Ratio - for any Period, the ratio of Cash Available for Debt Service for such Period to Debt Service for such Period.

Fiscal Year - July 1 to June 30

Holiday - Any of the following holidays that occur or are recognized any day between Monday through Friday: New Year's Day, Memorial Day, 4th of July, Labor Day, Thanksgiving and Christmas.

Inflation Factor² (Included in the present 91 Express Lanes Operating Agreement and subject to change with any new contractor agreement):

² The inflation factor shall be the same as in the OCTA - Cofiroute Global Mobility 91 Express Lanes Operating Agreement dated November 15, 2002 and effective January 3, 2003 or as in successor operating agreements.

1. 0.75 times the product of (A) the hourly toll for the immediately preceding fiscal year, times (B) a fraction, the numerator of which shall be the Labor Index Adjuster for June of the prior fiscal year and the denominator of which shall be the Labor Index Adjuster for June of the year immediately preceding such fiscal year, plus

2. 0.25 times the product of (A) the hourly toll for the immediately preceding fiscal year, times (B) a fraction, the numerator of which shall be the CPI Index Adjuster for June of the prior fiscal year and the denominator of which shall be the CPI Index Adjuster for June of the year immediately preceding such fiscal year.

Maximum Optimal Capacity - 3,400 vehicles per hour, per day, per direction in the 91 Express Lanes facility Non-Super Peak - Hourly period that is not Super Peak.

Operating and Maintenance Costs - all reasonable and necessary expenses of administering, managing, maintaining and operating the 91 Express Lanes and in accordance with the Bond Documents and the Facility Agreements.

Period - the most recent twelve complete months.

Super Peak - Hourly period, per day, and per direction with traffic volume use which meets or exceeds the Trigger Point.

Trigger Point - 92 percent or more of Maximum Optimal Capacity (3,128+ vehicles per hour, per day, and per direction).

Week - 12:00 a.m. Sunday to 11:59 p.m. the following Saturday.

Some of the financial definitions will be modified to reflect the bond covenants in the tax-exempt refinancing documents.

The charts below identify the base toll structure in effect as of November 2001. In addition to the posted tolls, the 91 Express Lane toll policy was amended May 19, 2003 to allow carpoolers with three or more persons (HOV3+), zero emission vehicles (ZEVs), motorcycles, disabled plates and disabled veterans to ride free during most hours. The exception is Monday through Friday 4:00 p.m. to 6:00 p.m. in the eastbound direction when they pay 50 percent of the posted toll.

*The intent of the holiday schedule is to offer tolls that reflect holiday traffic patterns. If Christmas, New Years or Fourth of July falls on a Tuesday, Wednesday, Thursday, or Friday, the regular Friday toll schedule will be used the day before the holiday. If the day after Christmas, New Years or Fourth of July is a Friday or Monday, it is assumed these are traditionally light traffic days, therefore, a reduced rate applies (Friday after Thanksgiving rate will be used). If Christmas, New Years or Fourth of July fall on Saturday, it is assumed the Friday before is a traditionally light traffic day; therefore the stated Christmas, New Years or Fourth of July holiday toll schedule applies. It is also assumed that the Thursday before is a heavy traffic day, therefore the regular Friday schedule applies. When reduced rates apply, the weekend HOV 3+ policy will be in effect.

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