SB 985: Otay Mesa East Toll Facility Act.

(1)The Otay Mesa East Toll Facility Act authorizes the San Diego Association of Governments (SANDAG) to carry out a construction project for the State Highway Route 11 corridor, including, among other things, highway improvements and international border crossing facilities, to be operated as a toll facility. The act, among other things, authorizes SANDAG to fix and revise from time to time and charge and collect tolls and other charges. The act requires toll revenues to be used to pay for costs in categories with specified priority given to certain categories.

This bill would authorize SANDAG to instead only impose tolls for entrance to or the use of the corridor, except as specified. The bill would place various requirements on SANDAGs authorized toll authority, including, among other things, requiring SANDAG to review the adequacy of the toll rates established to cover the aggregate costs of all projects within 2 years following the opening of an initial project to be supported by toll revenue and at least biennially after the initial review for so long as SANDAG imposes tolls. The bill would eliminate the priority given to certain categories and would authorize other specified costs to be paid by toll revenues. The bill would additionally revise various references from project revenues to toll revenues.

This bill would authorize SANDAG to enter into an agreement in order to impose and collect tolls, acquire, operate, and maintain tolling facilities, and exercise related powers jointly with the tolling powers of one or more of the federal government of Mexico or a governmental agency or unit thereof. The bill would authorize SANDAG to contract with one or more of the federal government of Mexico or a governmental agency or unit thereof to receive from or provide to the other contracting parties toll collection and remittance functions and services. The bill would require an agreement entered into for these purposes by SANDAG to contain specified provisions. The bill would authorize SANDAGs toll structure to include discounts and premiums to encourage efficient use of any project, defined as property and related facilities acquired or constructed to facilitate the movement of goods and people along the corridor or at the Otay Mesa East Port of Entry, not just tolled projects.

The bill would revise other provisions in the act, including changing certain terminology and expressly authorizing the use of alternative bidding and building procedures, authorized in existing law under specified conditions for a project, for components of a project under the same conditions.

(2)Existing law requires highway projects constructed pursuant to the act, at all times following construction, to be owned by the department and requires that international port of entry facilities constructed pursuant to the act, at all times following construction, be owned by a federal agency. The act requires all other property and facilities constructed pursuant to the act to be owned by SANDAG, unless transferred to a state or federal agency upon agreement between SANDAG and the relevant agency.

The bill would require international port of entry facilities constructed pursuant to the act, or the land on which those facilities are constructed, to be owned by either the federal government or by SANDAG, at SANDAGs option, and would require SANDAG, if it chooses to own the land or facilities, to lease the land or facilities to a federal agency. If Department of Transportation property is conveyed to either SANDAG or the federal government under these provisions, the bill would require that it be conveyed free of charge and only upon a finding by the California Transportation Commission that the conveyance is in the states interest.