SB 985 — Otay Mesa East Toll Facility Act.

Summary

(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 SANDAG's 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 SANDAG's 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 SANDAG's 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 state's interest.

Bill Text

• Chaptered 09/18/22 - Chaptered Current pdf September 18, 2022
• Enrolled 09/01/22 - Enrolled pdf September 01, 2022
• Amended 08/23/22 - Amended Assembly pdf August 23, 2022
• Amended 08/15/22 - Amended Assembly pdf August 15, 2022
• Amended 06/15/22 - Amended Assembly pdf June 15, 2022
• Amended 04/18/22 - Amended Senate pdf April 18, 2022
• Amended 03/16/22 - Amended Senate pdf March 16, 2022
• Introduced 02/14/22 - Introduced pdf February 14, 2022
• SB985 View text html

Action History

1. September 18, 2022

   Chaptered by Secretary of State. Chapter 422, Statutes of 2022.

2. September 18, 2022

   Approved by the Governor.

3. September 06, 2022

   Enrolled and presented to the Governor at 3:30 p.m.

4. August 30, 2022

   Assembly amendments concurred in. (Ayes 40. Noes 0. Page 5327.) Ordered to engrossing and enrolling.

5. August 30, 2022

   In Senate. Concurrence in Assembly amendments pending.

6. August 30, 2022

   Read third time. Passed. Ordered to the Senate.

7. August 23, 2022

   Ordered to third reading.

8. August 23, 2022

   Read third time and amended.

9. August 16, 2022

   Read second time. Ordered to third reading.

10. August 15, 2022

    Read second time and amended. Ordered to second reading.

11. August 11, 2022

    From committee: Do pass as amended. (Ayes 12. Noes 0.) (August 11).

12. August 03, 2022

    August 3 set for first hearing. Placed on suspense file.

13. June 21, 2022

    From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 14. Noes 0.) (June 20). Re-referred to Com. on APPR.

14. June 15, 2022

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on TRANS.

15. May 19, 2022

    Referred to Com. on TRANS.

16. May 12, 2022

    In Assembly. Read first time. Held at Desk.

17. May 12, 2022

    Read third time. Passed. (Ayes 35. Noes 0. Page 3671.) Ordered to the Assembly.

18. May 10, 2022

    Read second time. Ordered to consent calendar.

19. May 09, 2022

    From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.

20. April 29, 2022

    Set for hearing May 9.

21. April 27, 2022

    From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 16. Noes 0. Page 3520.) (April 26). Re-referred to Com. on APPR.

22. April 18, 2022

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on TRANS.

23. April 07, 2022

    Set for hearing April 26.

24. March 23, 2022

    Re-referred to Com. on TRANS.

25. March 16, 2022

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

26. February 23, 2022

    Referred to Com. on RLS.

27. February 15, 2022

    From printer.

28. February 14, 2022

    Article IV Section 8(a) of the Constitution and Joint Rule 55 dispensed with February 7, 2022, suspending the 30 calendar day requirement.

29. February 14, 2022

    Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

• Hueso · Primary
• David Alvarez · Cosponsor

Votes

Subjects