Or. Admin. Code § 731-040-0052

Current through Register Vol. 63, No. 12, December 1, 2024

Section 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.

Or. Admin. Code § 731-040-0052

DOT 5-2012, f. & cert. ef. 7-19-12

Stat. Auth.: ORS 184.616, 184.619 & 383.004

Stats. Implemented: ORS 383