(a) The Legislature finds and declares both of the following:

(1) Cooperative tolling arrangements can further reduce congestion and wait times at the border and thereby reduce commercial and noncommercial vehicle emissions.

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(2) Streamlined cross-border tolling arrangements will preserve public revenues for both the north side and the south side of the Otay Mesa East Port of Entry by providing for a more efficient border region transportation system.

(b) SANDAG shall have and may exercise all rights and powers, expressed or implied, that are necessary to carry out the purposes and intent of this chapter, including the power to do both of the following:

(1) By agreement, exercise one or more of SANDAG’s powers to impose and collect tolls, acquire, operate, and maintain tolling facilities, and related powers under this chapter jointly with the tolling powers of one or more of the federal government of Mexico or a governmental agency or unit thereof.

(2) 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.

(c) Any agreement authorized pursuant subdivision (b) may include provisions to limit or restrict all of the following:

(1) Toll collection to one side of the Otay Mesa East Port of Entry.

(2) Equitable allocation of toll revenues collected by a party to another party or make payments from toll revenues in consideration of covenants made or other value contributed.

(3) Equitable allocation and financing of the operating, maintenance, and capital costs, including financing costs.

(4) Sharing of information regarding toll collections and revenues and information regarding traffic at or near the Otay Mesa East Port of Entry and approaching roadways.

(5) Investment of funds.

(6) Establishment of policies and procedures for toll rate setting in accordance with this chapter.

(7) The time and manner of termination, unwinding, and distribution of property upon termination.

(8) Allocation of liabilities and indemnity.

(9) The adjudication of disputes or disagreements.

(10) The manner that strict accountability of funds will be provided for and auditing.

(11) Other provisions that would enhance the efficiency border crossings at the Otay Mesa East Port of Entry or tolling as well as any other necessary and proper matters agreed upon by the parties.

(d) Toll revenues paid or allocated to a party other than SANDAG under an agreement pursuant this section shall not be subject to the restrictions of this chapter upon transfer to the other party in accordance with the agreement.

(e) This section may only be implemented consistent with federal law, including obtaining any required federal approvals.

(Added by Stats. 2022, Ch. 422, Sec. 11. (SB 985) Effective January 1, 2023.)