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The Oregon Administrative Rules contain OARs filed through July 15, 2014
 
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DEPARTMENT OF TRANSPORTATION

 

DIVISION 40

TOLLWAY PROJECTS

731-040-0010

Purpose

(1) OAR 731-040-0010 though 731-040-0064 describe the process for initiating, evaluating, authorizing and administering tollway projects on state right of way proposed by private entities, local or regional governments and the Oregon Department of Transportation, and the establishment of tolling and toll rates. They include requirements for submitting project proposals; guidelines for considering financial and other issues; and requirements for consistency with other local, state and federal policies and processes. OAR 731-040-0010 through 731-040-0064 shall be cited as the Tollway Rules.

(2) Public-Private Partnerships as defined in OAR 731-070-0005 and proposed under the Oregon Innovative Partnerships Program (ORS 367.800 through 367.826) are subject to rules established in chapter 731, division 70, in addition to these rules as applicable.

Stat. Auth.: ORS 184.616, 184.619, 383.004 & 383.015
Stats. Implemented: ORS 383
Hist.: DOT 3-1997, f. & cert. ef. 12-29-97; DOT 5-2012, f. & cert. ef. 7-19-12

731-040-0020

Definitions

As used in OAR 731-040-0020 through 731-040-0064:

(1) “Commission” means the Oregon Transportation Commission.

(2) “Department” means the Department of Transportation.

(3) “Director” means the Director of the Oregon Department of Transportation or the designee thereof.

(4) “Interstate bridge” means a bridge over both a waterway that contains a boundary line with another state and the boundary line.

(5) “Private entity” has the meaning given in ORS 383.003.

(6) “Related facility” has the meaning given in ORS 383.003.

(7) “State Tollway Account” has the meaning given in ORS 383.009.

(8) “Toll” has the meaning given in ORS 383.003.

(9) “Tollway” has the meaning given in ORS 383.003.

(10) “Tollway project” has the meaning given in ORS 383.003.

(11) “Toll rate” means either a specific amount charged for the use of a tollway by a specific category of vehicle, or the specific formula for calculating an amount charged for the use of a tollway by a specific category of vehicle.

(12) “Unit of government” has the meaning given in ORS 383.003.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 184.616, 184.619, 383.003, 383.004, 383.014 & 383.015
Stats. Implemented: ORS 383
Hist.: DOT 3-1997, f. & cert. ef. 12-29-97; DOT 5-2012, f. & cert. ef. 7-19-12

731-040-0030

Initiation by Public and Private Entities and Administrative Fee

(1) A unit of government may propose a tollway project at any time. The department shall not assess an administrative fee to evaluate proposals from a unit of government.

(2) Private entities may propose tollway projects at any time. The department shall charge an administrative fee of $40,000 to review tollway projects proposed by private entities.

(3) The department shall consider and authorize tollway project proposals according to the criteria in OAR 731-040-0050.

(4) Fees charged for review of proposals will be deposited in the State Tollway Account.

(5) The department may utilize a competitive process in soliciting or evaluating proposals from private entities.

Stat. Auth.: ORS 184.616, 184.619 & 383.015
Stats. Implemented: ORS 383
Hist.: DOT 3-1997, f. & cert. ef. 12-29-97; DOT 5-2012, f. & cert. ef. 7-19-12

731-040-0050

Evaluation and Authorization

(1) Tollway project proposals submitted for consideration under the Oregon Innovative Partnerships Program (ORS 367.800- 367.826) are not subject to OAR 731-040-0050.

(2) When reviewing a proposal from private entities, local or regional governments, the department, or other units of government having an interest in the installation of a tollway to authorize a tollway project, the commission will consider:

(a) The opinions and interests of units of government encompassing or adjacent to the path of the proposed tollway project in having the tollway installed;

(b) The probable impact of the proposed tollway project on local environmental, aesthetic and economic conditions and on the economy of the state in general, considered in a manner similar to the way these factors are considered for other highway projects;

(c) The extent to which funding other than state funding is available for the proposed tollway project, considered in a manner similar to the way other funds are considered for other highway projects;

(d) The likelihood that the estimated use of the tollway project will provide sufficient revenues to independently finance the costs related to the construction and future maintenance, repair and reconstruction of the tollway project, including the repayment of any loans to be made from moneys in the State Tollway Account;

(e) With respect to tollway projects, any portion of which will be financed with state funds or department loans or grants:

(A) The relative importance of the proposed tollway project compared to other proposed tollways; and

(B) Traffic congestion and economic conditions in the communities that will be affected by competing tollway projects, and the extent to which these conditions are diminished or improved;

(f) The effects of tollway implementation on community and local street traffic, their magnitude, and expected impacts on community livability as estimated by the department;

(g) The purpose and goals of the proposal and their consistency with the other factors considered here;

(h) The use of toll revenue in addition to toll revenue used to pay tollway costs, including but not limited to debt service and costs connected with the issuance or administration of bonds or other financial obligations, acquisition, design, construction, reconstruction, improvement, installation, maintenance, operation and repair; consistent with Oregon statutes and the Oregon Constitution;

(i) The extent of business and public support;

(j) Whether the tollway facility can be operated as proposed;

(k) Whether the proposal is well enough developed to be included in the current or a future Statewide Transportation Improvement Program;

(L) The effect on funding for other projects in the current or a future Statewide Transportation Improvement Program; and

(m) Whether implementation of the proposal would violate Federal rules or statutes.

(3) Proposers shall address all of the above criteria in each proposal. Proposals shall be submitted to the department, and the department will review each proposal to determine if the proposal is complete. Within 45 days from when the department determines that the proposal is complete, the director will submit the proposal and department comments, if any, to the commission for review.

(4) No tollway project shall be authorized unless the commission finds that either:

(a) Based on the department’s estimate of present and future traffic patterns, the revenues generated by the tollway project will be sufficient, after payment of all obligations incurred in connection with the acquisition, construction and operation of such tollway project, to ensure the continued maintenance, repair and reconstruction of the tollway project without the contribution of additional public funds; or

(b) The revenues generated by the tollway project will be at least sufficient to pay its operational expenses and a portion of the costs of its construction, maintenance, repair and reconstruction, and the importance of the tollway project to the welfare or economy of the state is great enough, as determined by the commission, to justify the use of public funding for a portion of its construction, maintenance, repair and reconstruction.

(5) After consideration of all of the above factors, the commission, in a duly noticed meeting, may authorize a proposed tollway project for further study, may authorize a proposal for further study subject to conditions that must be met by the proposer, or may refuse to authorize the proposal. The commission’s authorization for further study shall not include an application of the state land use goals and shall not be a land use decision.

(6) For a tollway project proposal authorized for further study by the commission under this section, the commission may conduct or cause to be conducted any geological, environmental, land use, engineering or other studies required by law as a condition of construction.

(7) The commission shall not consider authorizing a proposed tollway project for construction until the tollway project has been included as a tollway in the local or regional transportation system plan of jurisdictions in which the project would be located. In addition, the commission must find the proposed project to be consistent with the policies and actions adopted in the Oregon Transportation Plan and the Oregon Highway Plan as of July 19, 2012.

(8) After consideration of the results of any studies undertaken under OAR 731-040-0050(5) and (6) as well as the other factors listed in this rule, the commission, in a duly noticed meeting, may authorize the proposed tollway project for construction, may conditionally authorize the proposed tollway project for construction, or may refuse to authorize the proposed tollway project for construction. After a tollway project is authorized or conditionally authorized for construction, it will be added to the Statewide Transportation Improvement Program.

(9) The commission may refer the proposal or specific components of the proposal to the department for analysis and recommendations at any time before it issues findings;

(10) The commission will issue findings to support its decision to authorize, conditionally authorize or not authorize a tollway project for either further study or construction.

Stat. Auth.: ORS 184.616, 184.619 & 383.015
Stats. Implemented: ORS 383
Hist.: DOT 3-1997, f. & cert. ef. 12-29-97; DOT 5-2012, f. & cert. ef. 7-19-12

731-040-0052

Process for Reviewing and Approving the Establishment of Tolling and Toll Rates; Generally

(1) When reviewing a proposal from private entities, local or regional governments, or the department to establish tolls and set toll rates on either a project authorized under OAR 731-40-0050, including tolls on an existing non-tolled state transportation facility; or a project that has a detailed proposal approved by the commission under OAR 731-070-0170; the commission will consider:

(a) The amount and classification of the traffic using, or anticipated to use, the tollway;

(b) The amount of the toll proposed to be established for each class or category of tollway user and, if applicable, the different amounts of the toll depending on time and day of use;

(c) The extent of the tollway, including improvements necessary for tollway operation and improvements necessary to support the flow of traffic onto or off of the tollway;

(d) The location of toll plazas or toll collection devices to collect the toll for the tollway;

(e) The cost of constructing, reconstructing, improving, installing, maintaining, repairing and operating the tollway;

(f) The amount of indebtedness incurred for the construction of the tollway and debt service requirements, if any;

(g) The value of assets, equipment and services required for the operation of the tollway;

(h) The period of time during which the toll will be in effect;

(i) The process for altering the amount of the toll during the period of operation of the tollway;

(j) The methods of collecting the toll;

(k) The rate of return that would be fair and reasonable for a private equity holder, if any, in the tollway;

(L) Whether the department concurs that the tollway can be operated as proposed;

(m) The purpose and goals of the proposal, and their consistency with the other factors considered here;

(n) The use of tollway revenue;

(o) Consistency with Oregon statutes and the Oregon Constitution; and

(p) Whether implementation of the proposal would violate Federal rules or statutes.

(2) The commission may approve, conditionally approve, or disapprove proposals, and the proposals may be revised and re-submitted for consideration. Commission decisions and findings will be issued in writing.

(3) This rule applies to all proposals to establish tolls on a state highway or highways, including those submitted by the department and those submitted jointly with the department under ORS 367.800 – 367.826.

Stat. Auth.: ORS 184.616, 184.619 & 383.004
Stats. Implemented: ORS 383
Hist.: DOT 5-2012, f. & cert. ef. 7-19-12

731-040-0053

Proposals for Establishment of Tolling under OAR 731-040-0052

(1) Proposers shall address all of the criteria in OAR 731-040-0052 in each proposal. Proposals shall be submitted to the director, and the department will review the proposal to determine if the proposal is complete.

(2) Within 45 days from when the department determines that the proposal is complete, the director will submit the proposal, any accompanying documents, and department comments, if any, to the commission for review.

Stat. Auth.: ORS 184.616, 184.619 & 383.004
Stats. Implemented: ORS 383
Hist.: DOT 5-2012, f. & cert. ef. 7-19-12

731-040-0054

Additional Process for Reviewing and Approving the Establishment of Tolling and Toll Rates on Interstate Bridges

(1) When reviewing a proposal to establish tolling and set toll rates on an interstate bridge that is or will be a state highway, the commission will consider:

(a) Each of the considerations established in OAR 731-40-0052;

(b) Whether another state has any authority over the bridge;

(c) Whether the proposal has been authorized or is expected to be authorized, by the governing body with jurisdiction over the proposal in the other state linked to Oregon by the bridge;

(d) Whether the proposal is consistent with conditions imposed by the governing body with jurisdiction over the proposal in the other state, if any;

(e) Whether the proposer has legal authority to implement the project in the other state, and if not, the level of coordination between the proposer and the entity having such authority; and

(f) Existing bi-state agreements on tolls and tollway projects.

(2) The commission may approve, conditionally approve, or disapprove proposals, and the proposals may be revised and re-submitted for consideration. Commission decisions and findings will be issued in writing.

(3) This rule applies to all proposals to establish tolls on an interstate bridge that is or will be a state highway, including those submitted by the department, those submitted jointly with the department under the authority of ORS 381.010 or ORS 381.098, and those submitted jointly with the department under ORS 367.800 - 367.826.

Stat. Auth.: ORS 184.616, 184.619, 381.010, 381.098 & 383.004
Stats. Implemented: ORS 383
Hist.: DOT 5-2012, f. & cert. ef. 7-19-12

731-040-0055

Proposals for OAR 731-040-0054, Interstate Bridges

(1) Proposers shall address all of the criteria in OAR 731-040-0052 and 731-040-0054. Proposals shall be submitted to the director and the department will review the proposal to determine if the proposal is complete.

(2) Within 45 days from when the department determines that the proposal is complete, the director will submit the proposal, any accompanying documents, and department comments, if any, to the commission for review.

(3) If a proposal is submitted under this section, no proposal needs to be submitted under OAR 731-040-0053.

Stat. Auth.: ORS 184.616, 184.619, 381.010, 381.098 & 383.004
Stats. Implemented: ORS 383
Hist.: DOT 5-2012, f. & cert. ef. 7-19-12

731-040-0056

Process for Reviewing and Approving Revised Toll Rates, Generally

(1) Toll rates previously approved through the process in OAR 731-040-0052 or OAR 731-0040-0054, including anticipated formulaic changes in rates, are not subject to this rule.

(2) When reviewing a proposal from private entities, local or regional governments, public-private partnership created pursuant to ORS 367.806, or the department to revise toll rates on existing tollways, the commission will consider:

(a) The amount and classification of the traffic using, or anticipated to use, the tollway;

(b) The amount of the toll proposed to be established for each class or category of tollway user and, if applicable, the different amounts of the toll depending on time and day of use;

(c) The location of toll plazas or toll collection devices to collect the toll for the tollway;

(d) The cost of reconstructing, improving, maintaining, repairing and operating the tollway;

(e) The amount of indebtedness incurred for the construction of the tollway and debt service requirements, if any;

(f) The value of assets, equipment and services required for the operation of the tollway;

(g) The period of time during which the toll will be in effect;

(h) The process for altering the amount of the toll during the period of operation of the tollway;

(i) The methods of collecting the toll;

(j) The rate of return that would be fair and reasonable for a private equity holder, if any, in the tollway;

(k) The purpose and goals of the proposal, and their consistency with the other factors considered here;

(L) The use of tollway revenue;

(m) The characteristics and status of the financial plan for the project, and the consistency of the proposed, new toll schedule with the financial plan;

(n) The financial condition of the project;

(o) Department estimates of the effects traffic diverted as a result of the new toll schedule, if any, will have on other highways and communities;

(p) Consistency with Oregon statutes and the Oregon Constitution; and

(q) Whether implementation of the proposal would violate Federal rules or statutes.

(3) The commission may approve, conditionally approve, or disapprove proposals, and the proposals may be revised and re-submitted for consideration. Commission decisions and findings will be issued in writing.

(4) This rule applies to all proposals to revise toll rates on a state highway or highways, including those submitted by the department and those submitted by a public-private partnership created pursuant to ORS 367.806 jointly with the department.

Stat. Auth.: ORS 184.616, 184.619 & 383.004
Stats. Implemented: ORS 383
Hist.: DOT 5-2012, f. & cert. ef. 7-19-12

731-040-0057

Proposals for OAR 731-040-0056, Revised Toll Rates

(1) Proposers shall address all of the criteria in OAR 731-040-0056. Proposals shall be submitted to the director, and the department will review the proposal to determine if the proposal is complete.

(2) Within 45 days from when the department determines that the proposal is complete, the director will submit the proposal, any accompanying documents, and department comments, if any, to the commission for review.

Stat. Auth.: ORS 184.616, 184.619 & 383.004
Stats. Implemented: ORS 383
Hist.: DOT 5-2012, f. & cert. ef. 7-19-12

731-040-0058

Additional Process for Reviewing and Approving Revised Toll Rates on Interstate Bridges

(1) Toll rates previously approved through the process in OAR 731-040-0052 or OAR 731-040-0054, including anticipated formulaic changes in rates, are not subject to this rule.

(2) When reviewing a proposal to revise toll rates on an interstate bridge that is or will be a state highway, the commission will consider:

(a) All of the considerations established in OAR 731-040-0056;

(b) Whether another state has any authority over the bridge;

(c) Whether the proposed toll schedule has been authorized or is expected to be authorized by the governing body with jurisdiction over the project in the other state linked to Oregon by the bridge;

(d) Whether the proposal is consistent with conditions imposed by the governing body with jurisdiction over the proposed toll schedule in the other state, if any;

(e) Whether the proposer has legal authority to approve the toll schedule in the other state, and if not, the level of coordination between the proposer and the entity having such authority; and

(f) Existing bi-state agreements on tollway projects.

(3) The commission may approve, conditionally approve, or disapprove proposals, and the proposals may be revised and re-submitted for consideration. Commission decisions and findings will be issued in writing.

(4) This rule applies to all proposals to revise toll rates on an interstate bridge that is or will be a state highway, including those submitted by the department, those submitted jointly with the department under the authority of ORS 381.010 or ORS 381.098, and those submitted jointly with the department under ORS 367.800 through 367.824.

Stat. Auth.: ORS 184.616, 184.619, 381.010, 381.098 & 383.004
Stats. Implemented: ORS 383
Hist.: DOT 5-2012, f. & cert. ef. 7-19-12

731-040-0059

Proposals for OAR 731-040-0058, Revised Toll Rates for Interstate Bridges

(1) Proposers shall address all of the criteria in OAR 731-040-0056 and 731-040-0058. Proposals shall be submitted to the director, and the department will review the proposal to determine if the proposal is complete.

(2) Within 45 days from when the department determines that the proposal is complete, the director will submit the proposal, any accompanying documents, and department comments, if any, to the commission for review.

(3) If a proposal is submitted under this section, no proposal needs to be submitted under OAR 731-040-0057.

Stat. Auth.: ORS 184.616, 184.619, 381.010, 381.098 & 383.004
Stats. Implemented: ORS 383
Hist.: DOT 5-2012, f. & cert. ef. 7-19-12

731-040-0062

Tolling System Compatibility with the State of Washington

Toll collection and enforcement systems used on tollways in Oregon shall be inter-operable with toll collection and enforcement systems used in the State of Washington to the extent technology permits.

Stat. Auth.: ORS 184.616, 184.619, 383.014
Stats. Implemented: ORS 383.014
Hist.: DOT 5-2012, f. & cert. ef. 7-19-12

731-040-0064

Civil Penalties for Failure to Pay a Toll

(1) In addition to any other penalty or sanction provided by law, a person who is required to pay a toll as described in ORS 383.035 and fails to pay a toll established pursuant to ORS 383.004, shall pay to the department, for each unpaid toll:

(a) The amount of the toll;

(b) For the first unpaid toll, a civil penalty of $15; and,

(c) For each subsequent unpaid toll: The limit provided in ORS 383.035;

(2) Each time a bill is sent to a person for an unpaid toll, an administrative fee of $2 shall be assessed as reimbursement for labor, materials, printing and postage expenses.

(3) An unpaid toll will be considered a subsequent unpaid toll if the person was assessed a civil penalty for an unpaid toll within three years of the unpaid toll under consideration.

(4) Civil penalties and administrative fees assessed under this rule shall be collected as provided in ORS 183.745 and according to the procedures in OAR 137-003-0501 to 137-003-0700.

(5) The department shall refuse to renew the motor vehicle registration of the motor vehicle owned by a person who at the time of application for registration has unpaid tolls, civil penalties or any administrative fees charged under this section.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 383.035 & 383.055
Stats. Implemented: ORS 383.035 & 383.055
Hist.: DOT 5-2012, f. & cert. ef. 7-19-12

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