An act to amend Section 31475 of the Streets and Highways Code, relating to transportation. Sections 71152, 71341, and 71361 of the Public Resources Code, relating to climate change.
Summary
SB 10 would expand the authorized uses of toll revenues collected for the Otay Mesa East Toll Facility in San Diego County. Under existing law, those revenues may be used for project costs tied to the State Highway Route 11 corridor and related border-crossing facilities. This bill would add a new permitted use: assisting with maintenance of the South Bay International Boundary and Water Commission sewage treatment facility and funding additional sanitation infrastructure projects related to the Tijuana River, so long as the spending is consistent with federal and state law and carried out under an agreement with the federal government.
The bill also makes clear that toll revenue used for these sanitation purposes would remain subordinate to bond repayment. In other words, obligations tied to bonds, bond insurance, letters of credit, and similar financing instruments must be paid before any other allocation of toll revenues. SB 10 further includes legislative findings describing the Tijuana River sewage crisis, the environmental and public health impacts in Imperial Beach and surrounding communities, and the need for a dedicated funding source to support wastewater treatment operations and related infrastructure.
Impact
SB 10 would amend Section 31475 of the Streets and Highways Code to broaden the list of allowable uses for SANDAG toll revenues from the Otay Mesa East project. The practical effect is to give SANDAG another funding stream that could be directed, by agreement, toward maintenance of the South Bay International Boundary and Water Commission sewage treatment facility and related Tijuana River sanitation projects. The bill does not create a new tax or appropriation, but it does authorize a new category of spending from existing toll receipts and preserves priority for bond obligations over those new uses.
Sentiment
The overall sentiment reflected in the bill text and voting history appears generally supportive, with the measure advancing through committee and receiving majority support on the Senate floor. The bill’s findings frame the issue as an urgent public health and environmental crisis affecting border communities, which likely contributed to favorable consideration. At the same time, the bill’s placement on the suspense file indicates that fiscal concerns were significant enough to warrant additional review before final advancement.
Contention
The main point of contention is likely the diversion of toll revenues that would otherwise support transportation-related project costs toward wastewater and sanitation infrastructure. Supporters appear to view this as a necessary and targeted response to the Tijuana River sewage crisis, while opponents or fiscal skeptics may question whether toll revenues from a transportation facility should be used for non-transportation purposes, even if related to the same region. Another likely issue is the bill’s reliance on a federal agreement and the need to ensure compatibility with federal and state law, as well as the explicit protection of bondholders’ repayment rights before any other use of revenues.
An act to add and repeal Section 98 of the Streets and Highways Code, relating to state highways. An act to amend Section 21104 of the Vehicle Code, relating to vehicles.
An act to amend Section 14526.4 of the Government Code, and to amend Sections 158.1 and 158.5 of the Streets and Highways Code, relating to transportation.
An act to amend Section 21080.25 of the Public Resources Code, and to add Sections 992, 993, 994, 1814, 1815, and 1816 to, and to add Part 2 (commencing with Section 12000) to Division 13 of, to the Streets and Highways Code, relating to streets and highways.