No. 33369 (Emergency Rule): Section R940-1-3. Base Toll Rate and Range for HOT Lanes

DAR File No.: 33369
Filed: 02/10/2010 09:57:50 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the change is to establish toll rates for the dynamically priced electronic payment system currently in development for the High Occupancy Toll (HOT) Lanes on I-15.

Summary of the rule or change:

The change establishes a toll rate of $0.25 to $1 per payment zone under a dynamically priced electronic payment system. As the High Occupancy Toll (HOT) Lane is converted from the monthly sticker program to an electronic payment system, the Utah Department of Transportation will manage the amount of the toll necessary to keep the HOT lane freely flowing. (DAR NOTE: A corresponding amendment is under DAR No. 33386 in this issue, March 1, 2010, of the Bulletin.)

Emergency rule reason and justification:

Regular rulemaking procedures would place the agency in violation of federal or state law.

Regular rulemaking procedures would place the agency in violation of federal and state law. Federal law (23 USC 166(b)(4)) requires that HOT Lane programs be variably priced to manage the demand to use the facility. Therefore, the state must make the conversion from a monthly sticker program to an electronic payment system. State law requires that the Transportation Commission establish toll rates through rulemaking.

State statutory or constitutional authorization for this rule:

• Section 72-6-118
• 23 USC 166(b)(4)

Anticipated cost or savings to:

the state budget:

No impact to state budget--A contract has already been awarded to convert the HOT lane to a dynamically priced electronic payment system. Only persons choosing to access the HOT lane with a single occupant in the vehicle will be required to pay a toll. The amount of the toll will vary by the number of payment zones accessed and the level of congestion in the HOT lane. If government agencies provide money for their drivers to pay tolls, then they may be affected; otherwise they will not.

local governments:

Only persons choosing to access the HOT lane with a single occupant in the vehicle will be required to pay a toll. The amount of the toll will vary by the number of payment zones accessed and the level of congestion in the HOT lane. If local governments provide money for their drivers to pay tolls, then they may be affected; otherwise they will not.

small businesses:

Only persons choosing to access the HOT lane with a single occupant in the vehicle will be required to pay a toll. The amount of the toll will vary by the number of payment zones accessed and the level of congestion in the HOT lane. If small businesses provide money for their drivers to pay tolls, then they may be affected; otherwise they will not.

persons other than small businesses, businesses, or local governmental entities:

Only persons choosing to access the HOT lane with a single occupant in the vehicle will be required to pay a toll. The amount of the toll will vary by the number of payment zones accessed and the level of congestion in the HOT lane.

Compliance costs for affected persons:

Compliance costs will vary for persons driving single occupant vehicles who choose to access the HOT lane, depending on the number of zones accessed and the level of traffic congestion.

Comments by the department head on the fiscal impact the rule may have on businesses:

The Department does not believe the rule change will have a substantial fiscal impact on businesses.

John Njord, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Transportation Commission
Administration
4501 S 2700 W
SALT LAKE CITY, UT 84119

Direct questions regarding this rule to:

• Maureen Short at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at [e-mail]

This rule is effective on:

02/10/2010

Authorized by:

John Njord, Executive Director

RULE TEXT

R940. Transportation Commission, Administration.

R940-1. Establishment of Toll Rates.

R940-1-3. Base Toll Rate and Range for HOT Lanes.

(1) In deciding what Toll is appropriate for HOT Lanes that are not subject to tollway development agreements, the Commission balances the need to obtain revenue against the effect that a certain Toll amount will have on demand. The goal is to set a price that encourages optimal use of the HOT Lane.

(2) For HOT Lanes under a monthly sticker program that are not subject to a tollway development agreement, the initial toll for the HOT Lane is $50 per month.

([3]a) With the Commission's approval, the Department may increase the toll described in subsection (2) from $50 per month if it finds that demand on the HOT Lane is too high and needs to be reduced in order to keep the lane freely flowing. Evidence of demand can be shown by traffic counts and evidence of traffic congestion.

(3) For HOT lanes under a dynamically priced electronic payment system that are not subject to a tollway development agreement, the toll is $0.25 to $1.00 per payment zone. The Department will manage the amount of the toll necessary to keep the lane freely flowing.

(4) Toll rates for HOT Lanes that are subject to a tollway development agreement shall be set in the tollway development agreement.

 

KEY: transportation, tolls, HOT Lanes, tollways

Date of Enactment or Last Substantive Amendment: February 10, 2010

Authorizing, and Implemented or Interpreted Law: 72-2-120; 72-6-118

 

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