Or. Admin. Code § 731-040-0056

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

Section 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.

Or. Admin. Code § 731-040-0056

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

Stat. Auth.: ORS 184.616, 184.619 & 383.004

Stats. Implemented: ORS 383