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