Current through Register Vol. 63, No. 9, September 1, 2024
(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
