40269.5. (a) (1) An issuing agency shall make a payment plan option available to a person whose monthly income is 200 percent of the current poverty guidelines, or less, as updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of paragraph (2) of Section 9902 of Title 42 of the United States Code, as determined by the issuing agency or processing agency or their designee.
(2) For purposes of verifying a person’s eligibility an issuing agency or processing agency or their designee shall accept all of the following: (A) unexpired proof of enrollment of participation in the CalFresh program established pursuant to (Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institutions Code), Medi-Cal, or another low-income program with the same or more exacting low-income requirement; or (B) an unexpired county benefit eligibility letter. Other evidence of the persons’ income may also be accepted, as determined to be sufficient by the issuing agency or processing agency or their designee.
(b) The payment plan option for qualifying individuals shall do all of the following:
(1) Apply to toll evasion penalties in excess of one hundred dollars ($100).
(2) Require payment of no more than twenty-five dollars ($25) per month for total outstanding toll evasion penalties of six hundred dollars ($600) or less.
(3) Include no prepayment penalty for paying off the balance prior to the payment period expiring.
(4) Include a process for removal of any registration hold placed pursuant to Section 4770.
(c) Information regarding the issuing agency’s payment plan policy shall be posted on an internet website related to the issuing agency’s electronic toll collection system.
(d) Notwithstanding subdivision (a), the issuing agency shall not be required to offer more than one payment plan to a person at any given time. The issuing agency shall not be required to offer a person more than two payment plans in a six-year period. The issuing agency shall not be required to offer a payment plan if the person has more than two thousand five hundred dollars ($2,500) in outstanding toll evasion penalties.
(e) The requirements of subdivisions (a) and (b) are minimum standards only, and shall not limit the discretion of the issuing agency to establish or provide payment plan options that exceed the minimum requirements in those subdivisions, including, but not limited to, allowing payment plans for a person who owes less than the amount specified in paragraph (1) of subdivision (b), and making a payment plan available to more individuals than those who meet the economic criteria in subdivision (a). For those individuals who exceed the income criteria set forth in subdivision (a), the issuing agency may set payment plan requirements that differ from those established in subdivision (a) or (b), such as requiring higher monthly payments than those specified in paragraph (2) of subdivision (b), or similar requirements.
(f) This section shall become operative on July 1, 2023, for toll bridges. With respect to toll highways, toll roads, and express lanes, this section shall become operative on July 1, 2024.
(Added by Stats. 2022, Ch. 969, Sec. 16. (AB 2594) Effective January 1, 2023.)
Structure California Code