BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                              UNFINISHED BUSINESS


          Bill No:  SB 463
          Author:   Ducheny (D)
          Amended:  8/22/06
          Vote:     21

           
           SENATE TRANSPORTATION COMMITTEE  :  12-1, 4/5/05
          AYES:  Torlakson, Ashburn, Cedillo, Ducheny Kehoe,  
            Lowenthal, Machado, Maldonado Murray, Runner, Simitian,  
            Soto
          NOES:  McClintock
          NO VOTE RECORDED:  Margett

           SENATE FLOOR :  37-1, 4/21/05
          AYES:  Aanestad, Ackerman, Alarcon, Alquist, Ashburn,  
            Battin, Bowen, Campbell, Cedillo, Chesbro, Cox, Denham,  
            Ducheny, Dutton, Escutia, Figueroa, Florez,  
            Hollingsworth, Kehoe, Kuehl, Lowenthal, Machado,  
            Maldonado, Margett, Migden, Morrow, Ortiz, Perata,  
            Poochigian, Romero, Runner, Scott, Simitian, Soto,  
            Speier, Torlakson, Vincent
          NOES:  McClintock
          NO VOTE RECORDED:  Dunn, Murray

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  68-4, 8/30/06 - See last page for vote


           SUBJECT  :    State Route 125 toll road:  franchise agreement  
          extension

           SOURCE  :     California Transportation Ventures
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           DIGEST  :    This bill provides a 10-year extension (45 years  
          total) to the franchise agreement between the state and the  
          private entity constructing and operating the State Route  
          125 toll road in San Diego, if specified conditions are  
          met.

           Assembly Amendments  add the terms and conditions related to  
          the extension.

           ANALYSIS  :    AB 680 (Baker), Chapter 107, Statutes of 1989,  
          authorized the Department of Transportation (Department) to  
          enter into agreements with private entities for the  
          construction by, and lease to, private entities of four  
          transportation demonstration projects (toll roads).  The  
          bill authorized the department to lease rights of way,  
          grant easements, and take related actions to enable private  
          entities to construct transportation facilities  
          supplemental to existing state-owned transportation  
          facilities and lease those facilities to the private  
          entities for up to 35 years.  Toll roads constructed under  
          these provisions are owned by the state while operated by  
          the private entities under a franchise agreement, and the  
          facilities revert to the state at the end of the lease  
          period.

          The private entities are allowed by the law to earn a  
          "reasonable return" on their capital investment, the amount  
          of which return is stipulated in the franchise agreement.   
          During the term of the franchise agreement, the private  
          entity pays local property taxes as well as the operational  
          costs of the toll road, including the department's  
          maintenance costs and the California Highway Patrol's  
          enforcement costs.

          This bill provides for a 45-year lease period, rather than  
          35-year, for the State Route (SR) 125 toll road franchise  
          lease agreement in San Diego County under the following  
          conditions:

          1.Requires the franchise agreement to be amended to provide  
            for a lease period of up to 45 years, if that term is  
            agreed to by the private toll road operator and the  

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            Department of Transportation (Caltrans), with the  
            concurrence of the San Diego Association of Governments  
            (SANDAG), the County of San Diego, the City of San Diego,  
            and the City of Chula Vista. 

          2.Allows the tolls collected during any extension period to  
            reimburse the private operator for project costs it  
            incurred on behalf of Caltrans or SANDAG; to compensate  
            or reimburse the private operator for project costs or  
            other impacts for which it is entitled to compensation  
            under existing agreements; to reimburse Caltrans or  
            SANDAG for project development costs under the existing  
            franchise agreement; for the private operator's capital  
            outlay, operational, toll collection, or administrative  
            costs; for reimbursement of the state's police or  
            maintenance costs; and for a reasonable return on the  
            private operator's investment. The franchise agreement  
            under these circumstances must require excess revenue to  
            be applied to the repayment of the private operator's  
            indebtedness, or paid into the State Highway Account for  
            the benefit of the San Diego region, or both. 

          3.Allows Caltrans and SANDAG, in the event no franchise  
            amendment is executed by January 31, 2010, or if a  
            franchise agreement extends the lease period for less  
            than 10 additional years, to operate and maintain the  
            toll road for any additional period up to 10 years  
            following the expiration of the agreement. This would  
            have to be concurred with by the County of San Diego, the  
            City of San Diego, and the City of Chula Vista. Resulting  
            toll revenues would be used to reimburse Caltrans or  
            SANDAG for project costs under the existing franchise  
            agreement.

          4.Requires the franchise agreement to remain in full force  
            unless amended pursuant to this bill and declares that  
            this bill does not modify any rights or obligations of  
            the parties to the agreement. 

          5.Allows SANDAG to operate the SR 125 project and collect  
            tolls upon expiration of the franchise agreement, or the  
            extended private toll franchise, if approved by a 2/3  
            vote of the SANDAG board, pursuant to an expenditure plan  
            to fund projects in the corridor which extends along  

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            State Route 125 to the California-Mexico border. These  
            projects would be limited to highway and street projects,  
            truck-only lanes, and transit services and facilities.  
            Changes to the expenditure plan would also require a 2/3  
            vote of the SANDAG board. 

          6.Allows SANDAG to operate the facility by itself or in  
            cooperation with Caltrans, with toll revenues being  
            available for operations, toll collection,  
            administration, and reimbursement of the state's  
            maintenance and police service costs. 

           Background
           
          The SR 125 project consists of a 3.2-mile non-toll freeway  
          segment and a 9.3-mile toll facility in eastern San Diego  
          County.  A private entity, California Transportation  
          Ventures (CTV), is constructing both segments, including  
          the non-toll segment on behalf of the state, with the  
          entire facility expected to be opened for travel in October  
          2006.

          The extension of SR 125 has been included in the state's  
          freeway plans since 1959, and the route was added to San  
          Diego's 20-year Regional Transportation Plan in 1984.   
          Following the enactment of AB 680 in 1989, plans were  
          initiated for the facility currently under construction.   
          In 1991, a franchise agreement was completed and initial  
          project studies and design concepts were begun.   
          Development and project approval proved lengthy and final  
          environmental clearance was not granted until 2001.  In  
          2003, the project received financing and broke ground.

          Under the franchise agreement with the state, CTV's  
          "reasonable return" on investment is capped at 18.5 percent  
          over the 35-year period of the lease.  CTV's capital and  
          related investment is currently estimated at $635 million,  
          or more than 50 percent higher than the projected $400  
          million project cost in 1990.  CTV states that  
          approximately $40 million of the project's costs are for  
          mitigation expenses, including local parks, playing fields,  
          campgrounds, etc.  In addition, the franchise will pay  
          approximately $5 million/year in property taxes throughout  
          the time period of the agreement, as well as the road  

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          maintenance and enforcement costs.

          The SR 125 project will open as a four-lane freeway with  
          five interchanges (with two more planned), with sufficient  
          right-of-way to permit later expansion as needed.  The  
          facility will operate as a fixed-rate toll road on the  
          9.3-mile leased portion of the route.

          FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  8/28/06)

          California Transportation Ventures (source)
          Associated General Contractors of America, San Diego  
          Chapter
          Chula Vista Chamber of Commerce
          City of Chula Vista
          Greg Cox, San Diego County Board of Supervisors
          Otay Mesa Chamber of Commerce
          San Diego Association of Governments

           OPPOSITION  :    (Verified  8/28/06)

          La Raza Roundtable
          Department of Finance

           ARGUMENTS IN SUPPORT  :    According to the Senate  
          Transportation and Housing Committee analysis, the source  
          of the bill states that since the project was approved,  
          permitting delays, community negotiations, environmental  
          and related mitigation, and financing and construction cost  
          increases together have increased the project's costs  
          substantially.  Because of the 35-year limit on the  
          franchise agreement, CTV states that it will not be able to  
          earn the return on investment necessary to cover the  
          increased costs.  Extending the term of the agreement by 10  
          years will provide enough time to earn a reasonable return  
          on the total investment without changing the terms  
          (percent) or capped return amount.

          The proponents contend that charging higher tolls is not an  
          available option to increase the company's return because  
          the market will not bear substantially higher tolls.  CTV  

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          also notes that during the proposed 10-year franchise  
          extension, it will pay another $50 million or more in  
          property taxes, as well as continue to pay the facility's  
          operational costs for the state.

           ARGUMENTS IN OPPOSITION  :    The Department of Finance  
          opposes this bill, "because there are currently no grounds  
          for the state to agree to an increase in the period of time  
          the public must pay tolls after having negotiated a  
          contract with the franchisee, without receiving any benefit  
          in return.  During this extension the public would  
          potentially pay hundreds of millions of dollars in  
          additional tolls.  Inasmuch as the toll segment is not yet  
          completed, toll rates have not been set, and the vehicular  
          usage for the route is as yet unknown, we believe that it  
          is premature to extend the lease period on this particular  
          route simply to ensure the franchisee a larger return on  
          their investment."  
           

           ASSEMBLY FLOOR  : 
          AYES:  Aghazarian, Arambula, Baca, Bass, Benoit, Berg,  
            Bermudez, Blakeslee, Calderon, Canciamilla, Chavez, Chu,  
            Cohn, Coto, Daucher, De La Torre, DeVore, Dymally,  
            Emmerson, Evans, Frommer, Garcia, Haynes, Jerome Horton,  
            Shirley Horton, Houston, Huff, Jones, Karnette, Keene,  
            Klehs, Koretz, La Malfa, La Suer, Laird, Leno, Leslie,  
            Levine, Lieber, Lieu, Liu, Matthews, McCarthy, Montanez,  
            Mountjoy, Mullin, Nakanishi, Nation, Niello, Parra,  
            Pavley, Plescia, Richman, Ridley-Thomas, Sharon Runner,  
            Ruskin, Salinas, Spitzer, Strickland, Torrico, Tran,  
            Umberg, Villines, Walters, Wolk, Wyland, Yee, Nunez
          NOES:  Maze, Nava, Saldana, Vargas
          NO VOTE RECORDED:  Bogh, Chan, Cogdill, Goldberg, Hancock,  
            Negrete McLeod, Oropeza, Vacancy


          JJA:nl  8/31/06   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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