Old | New | Differences | |
---|---|---|---|
1 | - | Amended IN Assembly June | |
1 | + | Amended IN Assembly June 20, 2022 Amended IN Senate April 18, 2022 Amended IN Senate March 15, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1169Introduced by Senator HuesoFebruary 17, 2022 An act to add Section 143.2 to, and to repeal Section 143.1 of, to the Streets and Highways Code, relating to transportation.LEGISLATIVE COUNSEL'S DIGESTSB 1169, as amended, Hueso. State Route 125 toll road project. Toll road projects: study.Existing law establishes the Transportation Agency, which consists of various departments and state entities, including the California Transportation Commission and the Department of Transportation.This bill would require the commission to conduct a study on state toll road projects, including, at a minimum, State Route 125 and State Route 73, regarding their impacts on toll users and nearby communities, as specified. The bill would require the study to be conducted in consultation with the authorized regional transportation agency and impacted local agencies. The bill would require the study to be submitted to the Senate Transportation Committee and the Assembly Transportation Committee on or before January 1, 2024.Existing law authorizes the Department of Transportation, until January 1, 2017, to enter into comprehensive development lease agreements with public and private entities, or consortia of those entities, for certain transportation projects that may charge certain users of those projects tolls and user fees, subject to various terms and requirements. Under prior statutory authority, the department entered into an agreement with the San Diego Association of Governments (SANDAG) for a toll road project on State Route 125 in San Diego County that includes a lease of the State Route 125 facility.This bill, with respect to the agreement entered into by the department and SANDAG, would authorize SANDAG to terminate the agreement for the project and its lease of the State Route 125 facility on January 1, 2027, or upon the repayment of all of the bond debt incurred for the toll road project, whichever is later. Upon the termination of the agreement and lease, the bill would provide that State Route 125 shall no longer be subject to tolls and would require the department to be responsible for the maintenance and improvement of State Route 125.The bill would also repeal a provision that authorizes the agreement to be amended, subject to specified terms and conditions, to extend the length of period that a toll may be imposed from 35 to 45 years. The bill would also repeal a provision that authorizes SANDAG to continue the collection of tolls under certain circumstances.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 143.2 is added to the Streets and Highways Code, to read:143.2. (a) The California Transportation Commission shall conduct a study on state toll road projects, including, at a minimum, State Route 125 and State Route 73, regarding their impacts on toll users and nearby communities.(b) The study shall be conducted in consultation with the authorized regional transportation agency and impacted local agencies and evaluate, at minimum, all of the following:(1) The total public cost and timeframe to complete toll roads for public use compared to similar state delivered highways.(2) The effect of tolls imposed on cars to nontoll road networks and the impact on diverting traffic to underserved communities while leaving excess trip capacity on the toll roads.(3) The potential that tolls impose an undue burden on a particular community to fund regional serving facilities.(4) The potential that tolls are a barrier to economic opportunities for businesses and underserved communities.(5) The negative effects of toll roads on regional and international transportation of goods and services.(c) On or before January 1, 2024, the commission shall submit a report to the Senate Transportation Committee and the Assembly Transportation Committee that includes the results of the study.(d) (1) The requirement for submitting a report imposed under subdivision (c) is inoperative on January 1, 2028, pursuant to Section 10231.5 of the Government Code.(2) A report to be submitted pursuant to subdivision (c) shall be submitted in compliance with Section 9795 of the Government Code.SECTION 1.The Legislature finds and declares all of the following:(a)State Route 125, also known as the South Bay Expressway, is the only operating toll road in the County of San Diego.(b)The toll on the South Bay Expressway places an undue burden on South Bay users.(c)The toll on the South Bay Expressway hinders the regions economic development activity by reducing business attraction and retention due to the daily cost of use borne by employees of businesses that may seek to locate in the South Bay area in the County of San Diego.(d)The toll on the South Bay Expressway deters northbound and southbound travelers from fully using an existing, undercapacity road segment and instead encourages them to use existing, already congested Interstate 5 and 805 freeways, thereby increasing vehicle miles traveled and greenhouse gas emissions.(e)The toll on the South Bay Expressway could hamper efficient vehicle and goods movement when the new border crossing between the United States and Mexico in Otay Mesa connecting to State Route 125 opens in 2024.SEC. 2.Section 143.1 of the Streets and Highways Code is repealed.SEC. 3.Section 143.2 is added to the Streets and Highways Code, to read:143.2.(a)For purposes of this section, the following definitions apply:(1)Development franchise agreement means the amended development franchise agreement between SANDAG and the department for the State Route 125 toll road project, dated December 21, 2011.(2)SANDAG means the San Diego Association of Governments.(3)State Route 125 toll road project means the State Route 125 demonstration toll road project in the County of San Diego authorized pursuant to authority granted to the department by Chapter 107 of the Statutes of 1989, as subsequently amended by Chapter 1115 of the Statutes of 1990 and Chapter 688 of the Statutes of 2002.(b)Notwithstanding any other law or any condition in the development franchise agreement, SANDAG may terminate the development franchise agreement for the State Route 125 toll road project and the lease of the State Route 125 facility on January 1, 2027, or upon the repayment of all of the bond debt incurred for the State Route 125 toll road project, whichever is later.(c)Upon the termination of the development franchise agreement and the lease pursuant to subdivision (b), both of the following shall apply:(1)State Route 125 shall no longer be subject to tolls imposed pursuant to Section 143.(2)The department shall be responsible for the maintenance and improvement of State Route 125. | |
2 | 2 | ||
3 | - | ||
3 | + | Amended IN Assembly June 20, 2022 Amended IN Senate April 18, 2022 Amended IN Senate March 15, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1169Introduced by Senator HuesoFebruary 17, 2022 An act to add Section 143.2 to, and to repeal Section 143.1 of, to the Streets and Highways Code, relating to transportation.LEGISLATIVE COUNSEL'S DIGESTSB 1169, as amended, Hueso. State Route 125 toll road project. Toll road projects: study.Existing law establishes the Transportation Agency, which consists of various departments and state entities, including the California Transportation Commission and the Department of Transportation.This bill would require the commission to conduct a study on state toll road projects, including, at a minimum, State Route 125 and State Route 73, regarding their impacts on toll users and nearby communities, as specified. The bill would require the study to be conducted in consultation with the authorized regional transportation agency and impacted local agencies. The bill would require the study to be submitted to the Senate Transportation Committee and the Assembly Transportation Committee on or before January 1, 2024.Existing law authorizes the Department of Transportation, until January 1, 2017, to enter into comprehensive development lease agreements with public and private entities, or consortia of those entities, for certain transportation projects that may charge certain users of those projects tolls and user fees, subject to various terms and requirements. Under prior statutory authority, the department entered into an agreement with the San Diego Association of Governments (SANDAG) for a toll road project on State Route 125 in San Diego County that includes a lease of the State Route 125 facility.This bill, with respect to the agreement entered into by the department and SANDAG, would authorize SANDAG to terminate the agreement for the project and its lease of the State Route 125 facility on January 1, 2027, or upon the repayment of all of the bond debt incurred for the toll road project, whichever is later. Upon the termination of the agreement and lease, the bill would provide that State Route 125 shall no longer be subject to tolls and would require the department to be responsible for the maintenance and improvement of State Route 125.The bill would also repeal a provision that authorizes the agreement to be amended, subject to specified terms and conditions, to extend the length of period that a toll may be imposed from 35 to 45 years. The bill would also repeal a provision that authorizes SANDAG to continue the collection of tolls under certain circumstances.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
4 | 4 | ||
5 | - | ||
5 | + | Amended IN Assembly June 20, 2022 Amended IN Senate April 18, 2022 Amended IN Senate March 15, 2022 | |
6 | 6 | ||
7 | - | Amended IN Assembly June 29, 2022 | |
8 | 7 | Amended IN Assembly June 20, 2022 | |
9 | 8 | Amended IN Senate April 18, 2022 | |
10 | 9 | Amended IN Senate March 15, 2022 | |
11 | 10 | ||
12 | 11 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
13 | 12 | ||
14 | 13 | Senate Bill | |
15 | 14 | ||
16 | 15 | No. 1169 | |
17 | 16 | ||
18 | 17 | Introduced by Senator HuesoFebruary 17, 2022 | |
19 | 18 | ||
20 | 19 | Introduced by Senator Hueso | |
21 | 20 | February 17, 2022 | |
22 | 21 | ||
23 | - | An act to add Section 143.2 to the Streets and Highways Code, relating to transportation. | |
22 | + | An act to add Section 143.2 to, and to repeal Section 143.1 of, to the Streets and Highways Code, relating to transportation. | |
24 | 23 | ||
25 | 24 | LEGISLATIVE COUNSEL'S DIGEST | |
26 | 25 | ||
27 | 26 | ## LEGISLATIVE COUNSEL'S DIGEST | |
28 | 27 | ||
29 | - | SB 1169, as amended, Hueso. Toll road projects: study. | |
28 | + | SB 1169, as amended, Hueso. State Route 125 toll road project. Toll road projects: study. | |
30 | 29 | ||
31 | - | Existing law establishes the Transportation Agency, which consists of various departments and state entities, including the California Transportation Commission and the Department of Transportation.This bill would require the commission to conduct a study on state toll road projects, including, at a minimum, State Route 125 and State Route 73, | |
30 | + | Existing law establishes the Transportation Agency, which consists of various departments and state entities, including the California Transportation Commission and the Department of Transportation.This bill would require the commission to conduct a study on state toll road projects, including, at a minimum, State Route 125 and State Route 73, regarding their impacts on toll users and nearby communities, as specified. The bill would require the study to be conducted in consultation with the authorized regional transportation agency and impacted local agencies. The bill would require the study to be submitted to the Senate Transportation Committee and the Assembly Transportation Committee on or before January 1, 2024.Existing law authorizes the Department of Transportation, until January 1, 2017, to enter into comprehensive development lease agreements with public and private entities, or consortia of those entities, for certain transportation projects that may charge certain users of those projects tolls and user fees, subject to various terms and requirements. Under prior statutory authority, the department entered into an agreement with the San Diego Association of Governments (SANDAG) for a toll road project on State Route 125 in San Diego County that includes a lease of the State Route 125 facility.This bill, with respect to the agreement entered into by the department and SANDAG, would authorize SANDAG to terminate the agreement for the project and its lease of the State Route 125 facility on January 1, 2027, or upon the repayment of all of the bond debt incurred for the toll road project, whichever is later. Upon the termination of the agreement and lease, the bill would provide that State Route 125 shall no longer be subject to tolls and would require the department to be responsible for the maintenance and improvement of State Route 125.The bill would also repeal a provision that authorizes the agreement to be amended, subject to specified terms and conditions, to extend the length of period that a toll may be imposed from 35 to 45 years. The bill would also repeal a provision that authorizes SANDAG to continue the collection of tolls under certain circumstances. | |
32 | 31 | ||
33 | 32 | Existing law establishes the Transportation Agency, which consists of various departments and state entities, including the California Transportation Commission and the Department of Transportation. | |
34 | 33 | ||
35 | - | This bill would require the commission to conduct a study on state toll road projects, including, at a minimum, State Route 125 and State Route 73, the states toll roads regarding their impacts on toll users and nearby communities, as specified. The bill would require the study to be conducted in consultation with the authorized regional transportation agency and impacted local agencies. The bill would require the study to be submitted to the Senate Transportation Committee and the Assembly Transportation Committee on or before January 1, 2024. 2025. | |
34 | + | This bill would require the commission to conduct a study on state toll road projects, including, at a minimum, State Route 125 and State Route 73, regarding their impacts on toll users and nearby communities, as specified. The bill would require the study to be conducted in consultation with the authorized regional transportation agency and impacted local agencies. The bill would require the study to be submitted to the Senate Transportation Committee and the Assembly Transportation Committee on or before January 1, 2024. | |
35 | + | ||
36 | + | Existing law authorizes the Department of Transportation, until January 1, 2017, to enter into comprehensive development lease agreements with public and private entities, or consortia of those entities, for certain transportation projects that may charge certain users of those projects tolls and user fees, subject to various terms and requirements. Under prior statutory authority, the department entered into an agreement with the San Diego Association of Governments (SANDAG) for a toll road project on State Route 125 in San Diego County that includes a lease of the State Route 125 facility. | |
37 | + | ||
38 | + | ||
39 | + | ||
40 | + | This bill, with respect to the agreement entered into by the department and SANDAG, would authorize SANDAG to terminate the agreement for the project and its lease of the State Route 125 facility on January 1, 2027, or upon the repayment of all of the bond debt incurred for the toll road project, whichever is later. Upon the termination of the agreement and lease, the bill would provide that State Route 125 shall no longer be subject to tolls and would require the department to be responsible for the maintenance and improvement of State Route 125. | |
41 | + | ||
42 | + | ||
43 | + | ||
44 | + | The bill would also repeal a provision that authorizes the agreement to be amended, subject to specified terms and conditions, to extend the length of period that a toll may be imposed from 35 to 45 years. The bill would also repeal a provision that authorizes SANDAG to continue the collection of tolls under certain circumstances. | |
45 | + | ||
46 | + | ||
36 | 47 | ||
37 | 48 | ## Digest Key | |
38 | 49 | ||
39 | 50 | ## Bill Text | |
40 | 51 | ||
41 | - | The people of the State of California do enact as follows:SECTION 1. Section 143.2 is added to the Streets and Highways Code, to read:143.2. (a) The California Transportation Commission shall conduct a study on state | |
52 | + | The people of the State of California do enact as follows:SECTION 1. Section 143.2 is added to the Streets and Highways Code, to read:143.2. (a) The California Transportation Commission shall conduct a study on state toll road projects, including, at a minimum, State Route 125 and State Route 73, regarding their impacts on toll users and nearby communities.(b) The study shall be conducted in consultation with the authorized regional transportation agency and impacted local agencies and evaluate, at minimum, all of the following:(1) The total public cost and timeframe to complete toll roads for public use compared to similar state delivered highways.(2) The effect of tolls imposed on cars to nontoll road networks and the impact on diverting traffic to underserved communities while leaving excess trip capacity on the toll roads.(3) The potential that tolls impose an undue burden on a particular community to fund regional serving facilities.(4) The potential that tolls are a barrier to economic opportunities for businesses and underserved communities.(5) The negative effects of toll roads on regional and international transportation of goods and services.(c) On or before January 1, 2024, the commission shall submit a report to the Senate Transportation Committee and the Assembly Transportation Committee that includes the results of the study.(d) (1) The requirement for submitting a report imposed under subdivision (c) is inoperative on January 1, 2028, pursuant to Section 10231.5 of the Government Code.(2) A report to be submitted pursuant to subdivision (c) shall be submitted in compliance with Section 9795 of the Government Code.SECTION 1.The Legislature finds and declares all of the following:(a)State Route 125, also known as the South Bay Expressway, is the only operating toll road in the County of San Diego.(b)The toll on the South Bay Expressway places an undue burden on South Bay users.(c)The toll on the South Bay Expressway hinders the regions economic development activity by reducing business attraction and retention due to the daily cost of use borne by employees of businesses that may seek to locate in the South Bay area in the County of San Diego.(d)The toll on the South Bay Expressway deters northbound and southbound travelers from fully using an existing, undercapacity road segment and instead encourages them to use existing, already congested Interstate 5 and 805 freeways, thereby increasing vehicle miles traveled and greenhouse gas emissions.(e)The toll on the South Bay Expressway could hamper efficient vehicle and goods movement when the new border crossing between the United States and Mexico in Otay Mesa connecting to State Route 125 opens in 2024.SEC. 2.Section 143.1 of the Streets and Highways Code is repealed.SEC. 3.Section 143.2 is added to the Streets and Highways Code, to read:143.2.(a)For purposes of this section, the following definitions apply:(1)Development franchise agreement means the amended development franchise agreement between SANDAG and the department for the State Route 125 toll road project, dated December 21, 2011.(2)SANDAG means the San Diego Association of Governments.(3)State Route 125 toll road project means the State Route 125 demonstration toll road project in the County of San Diego authorized pursuant to authority granted to the department by Chapter 107 of the Statutes of 1989, as subsequently amended by Chapter 1115 of the Statutes of 1990 and Chapter 688 of the Statutes of 2002.(b)Notwithstanding any other law or any condition in the development franchise agreement, SANDAG may terminate the development franchise agreement for the State Route 125 toll road project and the lease of the State Route 125 facility on January 1, 2027, or upon the repayment of all of the bond debt incurred for the State Route 125 toll road project, whichever is later.(c)Upon the termination of the development franchise agreement and the lease pursuant to subdivision (b), both of the following shall apply:(1)State Route 125 shall no longer be subject to tolls imposed pursuant to Section 143.(2)The department shall be responsible for the maintenance and improvement of State Route 125. | |
42 | 53 | ||
43 | 54 | The people of the State of California do enact as follows: | |
44 | 55 | ||
45 | 56 | ## The people of the State of California do enact as follows: | |
46 | 57 | ||
47 | - | SECTION 1. Section 143.2 is added to the Streets and Highways Code, to read:143.2. (a) The California Transportation Commission shall conduct a study on state | |
58 | + | SECTION 1. Section 143.2 is added to the Streets and Highways Code, to read:143.2. (a) The California Transportation Commission shall conduct a study on state toll road projects, including, at a minimum, State Route 125 and State Route 73, regarding their impacts on toll users and nearby communities.(b) The study shall be conducted in consultation with the authorized regional transportation agency and impacted local agencies and evaluate, at minimum, all of the following:(1) The total public cost and timeframe to complete toll roads for public use compared to similar state delivered highways.(2) The effect of tolls imposed on cars to nontoll road networks and the impact on diverting traffic to underserved communities while leaving excess trip capacity on the toll roads.(3) The potential that tolls impose an undue burden on a particular community to fund regional serving facilities.(4) The potential that tolls are a barrier to economic opportunities for businesses and underserved communities.(5) The negative effects of toll roads on regional and international transportation of goods and services.(c) On or before January 1, 2024, the commission shall submit a report to the Senate Transportation Committee and the Assembly Transportation Committee that includes the results of the study.(d) (1) The requirement for submitting a report imposed under subdivision (c) is inoperative on January 1, 2028, pursuant to Section 10231.5 of the Government Code.(2) A report to be submitted pursuant to subdivision (c) shall be submitted in compliance with Section 9795 of the Government Code. | |
48 | 59 | ||
49 | 60 | SECTION 1. Section 143.2 is added to the Streets and Highways Code, to read: | |
50 | 61 | ||
51 | 62 | ### SECTION 1. | |
52 | 63 | ||
53 | - | 143.2. (a) The California Transportation Commission shall conduct a study on state | |
64 | + | 143.2. (a) The California Transportation Commission shall conduct a study on state toll road projects, including, at a minimum, State Route 125 and State Route 73, regarding their impacts on toll users and nearby communities.(b) The study shall be conducted in consultation with the authorized regional transportation agency and impacted local agencies and evaluate, at minimum, all of the following:(1) The total public cost and timeframe to complete toll roads for public use compared to similar state delivered highways.(2) The effect of tolls imposed on cars to nontoll road networks and the impact on diverting traffic to underserved communities while leaving excess trip capacity on the toll roads.(3) The potential that tolls impose an undue burden on a particular community to fund regional serving facilities.(4) The potential that tolls are a barrier to economic opportunities for businesses and underserved communities.(5) The negative effects of toll roads on regional and international transportation of goods and services.(c) On or before January 1, 2024, the commission shall submit a report to the Senate Transportation Committee and the Assembly Transportation Committee that includes the results of the study.(d) (1) The requirement for submitting a report imposed under subdivision (c) is inoperative on January 1, 2028, pursuant to Section 10231.5 of the Government Code.(2) A report to be submitted pursuant to subdivision (c) shall be submitted in compliance with Section 9795 of the Government Code. | |
54 | 65 | ||
55 | - | 143.2. (a) The California Transportation Commission shall conduct a study on state | |
66 | + | 143.2. (a) The California Transportation Commission shall conduct a study on state toll road projects, including, at a minimum, State Route 125 and State Route 73, regarding their impacts on toll users and nearby communities.(b) The study shall be conducted in consultation with the authorized regional transportation agency and impacted local agencies and evaluate, at minimum, all of the following:(1) The total public cost and timeframe to complete toll roads for public use compared to similar state delivered highways.(2) The effect of tolls imposed on cars to nontoll road networks and the impact on diverting traffic to underserved communities while leaving excess trip capacity on the toll roads.(3) The potential that tolls impose an undue burden on a particular community to fund regional serving facilities.(4) The potential that tolls are a barrier to economic opportunities for businesses and underserved communities.(5) The negative effects of toll roads on regional and international transportation of goods and services.(c) On or before January 1, 2024, the commission shall submit a report to the Senate Transportation Committee and the Assembly Transportation Committee that includes the results of the study.(d) (1) The requirement for submitting a report imposed under subdivision (c) is inoperative on January 1, 2028, pursuant to Section 10231.5 of the Government Code.(2) A report to be submitted pursuant to subdivision (c) shall be submitted in compliance with Section 9795 of the Government Code. | |
56 | 67 | ||
57 | - | 143.2. (a) The California Transportation Commission shall conduct a study on state | |
68 | + | 143.2. (a) The California Transportation Commission shall conduct a study on state toll road projects, including, at a minimum, State Route 125 and State Route 73, regarding their impacts on toll users and nearby communities.(b) The study shall be conducted in consultation with the authorized regional transportation agency and impacted local agencies and evaluate, at minimum, all of the following:(1) The total public cost and timeframe to complete toll roads for public use compared to similar state delivered highways.(2) The effect of tolls imposed on cars to nontoll road networks and the impact on diverting traffic to underserved communities while leaving excess trip capacity on the toll roads.(3) The potential that tolls impose an undue burden on a particular community to fund regional serving facilities.(4) The potential that tolls are a barrier to economic opportunities for businesses and underserved communities.(5) The negative effects of toll roads on regional and international transportation of goods and services.(c) On or before January 1, 2024, the commission shall submit a report to the Senate Transportation Committee and the Assembly Transportation Committee that includes the results of the study.(d) (1) The requirement for submitting a report imposed under subdivision (c) is inoperative on January 1, 2028, pursuant to Section 10231.5 of the Government Code.(2) A report to be submitted pursuant to subdivision (c) shall be submitted in compliance with Section 9795 of the Government Code. | |
58 | 69 | ||
59 | 70 | ||
60 | 71 | ||
61 | - | 143.2. (a) The California Transportation Commission shall conduct a study on state | |
72 | + | 143.2. (a) The California Transportation Commission shall conduct a study on state toll road projects, including, at a minimum, State Route 125 and State Route 73, regarding their impacts on toll users and nearby communities. | |
62 | 73 | ||
63 | 74 | (b) The study shall be conducted in consultation with the authorized regional transportation agency and impacted local agencies and evaluate, at minimum, all of the following: | |
64 | 75 | ||
65 | 76 | (1) The total public cost and timeframe to complete toll roads for public use compared to similar state delivered highways. | |
66 | 77 | ||
67 | - | (2) The effect | |
78 | + | (2) The effect of tolls imposed on cars to nontoll road networks and the impact on diverting traffic to underserved communities while leaving excess trip capacity on the toll roads. | |
68 | 79 | ||
69 | - | (3) The potential that tolls impose an undue burden on a particular community to fund regional serving facilities. | |
80 | + | (3) The potential that tolls impose an undue burden on a particular community to fund regional serving facilities. | |
70 | 81 | ||
71 | - | (4) The potential that tolls are a barrier to | |
82 | + | (4) The potential that tolls are a barrier to economic opportunities for businesses and underserved communities. | |
72 | 83 | ||
73 | - | (5) The | |
84 | + | (5) The negative effects of toll roads on regional and international transportation of goods and services. | |
74 | 85 | ||
75 | - | (c) On or before January 1, 2024 | |
86 | + | (c) On or before January 1, 2024, the commission shall submit a report to the Senate Transportation Committee and the Assembly Transportation Committee that includes the results of the study. | |
76 | 87 | ||
77 | 88 | (d) (1) The requirement for submitting a report imposed under subdivision (c) is inoperative on January 1, 2028, pursuant to Section 10231.5 of the Government Code. | |
78 | 89 | ||
79 | 90 | (2) A report to be submitted pursuant to subdivision (c) shall be submitted in compliance with Section 9795 of the Government Code. | |
80 | 91 | ||
81 | - | (e) As used in this section, toll road means a publicly owned road open to public use for purposes of vehicular travel which use requires the payment of a fee. Toll road does not include any road which use does not exclusively require payment of a fee. Toll road does not include a high-occupancy toll lane. | |
92 | + | ||
93 | + | ||
94 | + | The Legislature finds and declares all of the following: | |
95 | + | ||
96 | + | ||
97 | + | ||
98 | + | (a)State Route 125, also known as the South Bay Expressway, is the only operating toll road in the County of San Diego. | |
99 | + | ||
100 | + | ||
101 | + | ||
102 | + | (b)The toll on the South Bay Expressway places an undue burden on South Bay users. | |
103 | + | ||
104 | + | ||
105 | + | ||
106 | + | (c)The toll on the South Bay Expressway hinders the regions economic development activity by reducing business attraction and retention due to the daily cost of use borne by employees of businesses that may seek to locate in the South Bay area in the County of San Diego. | |
107 | + | ||
108 | + | ||
109 | + | ||
110 | + | (d)The toll on the South Bay Expressway deters northbound and southbound travelers from fully using an existing, undercapacity road segment and instead encourages them to use existing, already congested Interstate 5 and 805 freeways, thereby increasing vehicle miles traveled and greenhouse gas emissions. | |
111 | + | ||
112 | + | ||
113 | + | ||
114 | + | (e)The toll on the South Bay Expressway could hamper efficient vehicle and goods movement when the new border crossing between the United States and Mexico in Otay Mesa connecting to State Route 125 opens in 2024. | |
115 | + | ||
116 | + | ||
117 | + | ||
118 | + | ||
119 | + | ||
120 | + | ||
121 | + | ||
122 | + | ||
123 | + | ||
124 | + | (a)For purposes of this section, the following definitions apply: | |
125 | + | ||
126 | + | ||
127 | + | ||
128 | + | (1)Development franchise agreement means the amended development franchise agreement between SANDAG and the department for the State Route 125 toll road project, dated December 21, 2011. | |
129 | + | ||
130 | + | ||
131 | + | ||
132 | + | (2)SANDAG means the San Diego Association of Governments. | |
133 | + | ||
134 | + | ||
135 | + | ||
136 | + | (3)State Route 125 toll road project means the State Route 125 demonstration toll road project in the County of San Diego authorized pursuant to authority granted to the department by Chapter 107 of the Statutes of 1989, as subsequently amended by Chapter 1115 of the Statutes of 1990 and Chapter 688 of the Statutes of 2002. | |
137 | + | ||
138 | + | ||
139 | + | ||
140 | + | (b)Notwithstanding any other law or any condition in the development franchise agreement, SANDAG may terminate the development franchise agreement for the State Route 125 toll road project and the lease of the State Route 125 facility on January 1, 2027, or upon the repayment of all of the bond debt incurred for the State Route 125 toll road project, whichever is later. | |
141 | + | ||
142 | + | ||
143 | + | ||
144 | + | (c)Upon the termination of the development franchise agreement and the lease pursuant to subdivision (b), both of the following shall apply: | |
145 | + | ||
146 | + | ||
147 | + | ||
148 | + | (1)State Route 125 shall no longer be subject to tolls imposed pursuant to Section 143. | |
149 | + | ||
150 | + | ||
151 | + | ||
152 | + | (2)The department shall be responsible for the maintenance and improvement of State Route 125. |