No. 34460 (Amendment): Rule R926-9. Establishment Designation and Operation of Tollways

(Amendment)

DAR File No.: 34460
Filed: 02/24/2011 10:59:43 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to add a purpose and authority section, make other stylistic changes, and correct typographical errors.

Summary of the rule or change:

The changes add a purpose and authority section, make other stylistic changes, and correct typographical errors.

State statutory or constitutional authorization for this rule:

• Section 72-6-118
• Section 72-2-120

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget because the changes do not affect how the program is operated, they only clarify the purpose and authority of the rule and make other nonsubstantive changes.

local governments:

There are no anticipated costs or savings to local government because the changes do not affect how the program is operated, they only clarify the purpose and authority of the rule and make other nonsubstantive changes.

small businesses:

There are no anticipated costs or savings to smal businesses because the changes do not affect how the program is operated, they only clarify the purpose and authority of the rule and make other nonsubstantive changes.

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

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities because the changes do not affect how the program is operated, they only clarify the purpose and authority of the rule and make other nonsubstantive changes.

Compliance costs for affected persons:

There are no anticipated compliance costs for affected persons because the changes do not affect how the program is operated, they only clarify the purpose and authority of the rule and make other nonsubstantive changes.

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

There are no anticipated fiscal impacts on businesses because the changes do not affect how the program is operated, they only clarify the purpose and authority of the rule and make other nonsubstantive changes.

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
Program Development
4501 S 2700 W
SALT LAKE CITY, UT 84119-5998

Direct questions regarding this rule to:

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

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

04/14/2011

This rule may become effective on:

04/21/2011

Authorized by:

John Njord, Executive Director

RULE TEXT

R926. Transportation, Program Development.

R926-9. Establishment , Designation and Operation of Tollways.

R926-9-1. Purpose and Authority.

The purpose of this rule is to provide the procedure to establish, designate and operate tollways. This rule is authorized by Section 72-6-118.

 

R926-9-2. Definitions.

(1) "Commission" means the Transportation Commission, which is created in [Utah Code] Section 72-1-301;

(2) "Department" means the Utah Department of Transportation;

(3) "Executive Director" means the Executive Director of the Utah Department of Transportation;

(4) "HOT Lane" has the meaning described in [Utah Code Ann.] Section 72-6-118 for "High occupa ncy toll lane";

(5) "HOV Lane" means a lane that has been designated for the use of high occupancy vehicles pursuant to [Utah Code Ann.] Section 41-6a-702;

(6) "Toll" means the toll or user fees that the operator of a motor vehicle must pay for the privilege of driving on a tollway, including the toll or user fees that the operator of a single occupant motor vehicle must pay for the privilege of driving on a HOT Lane;

(7) "Toll Lane" has the meaning described in [Utah Code Ann.] Section 72-6-118;

(8) "Tollway" has the meaning described in [Utah Code Ann.] Section 72-6-118. Tollways include, but are not limited to, HOT Lanes and Toll Lanes; and

(9) "Tollway development agreement" has the meaning described in [Utah Code Ann.] Section 72-6-202.

 

R926-9-[2]3. Designation of Tollways.

(1) The Department may consider designating tollways including, but not limited to, the designation of existing HOV Lanes as HOT Lanes or may widen existing highways to add one or more Toll Lane(s). In deciding whether to designate a tollway, the Department may evaluate whether:

(a) the tollway would make the specific highway or the highway system more efficient;

(b) the designation or addition would increase available funds, reduce operational costs, or expedite project delivery; and

(c) the project will be consistent with the overall policies, strategies, and actions of the Department, including those strategies that are developed through the regular transportation planning process.

(2) Commission approval is required for designation of HOT Lanes on existing state highways and establishment of tollways on new state highways or additional capacity lanes. Legislative approval is required prior to designation of any other types of tollways provided the Commission may provide interim approvals to establish such tollways, between sessions of the Legislature, subject to approval or disapproval by the Legislature during the subsequent session.

(3) If the Department wishes to designate a tollway, it shall submit its recommendations to the Commission and request approval.

(4) The Commission will evaluate the recommendations and make a final decision.

(5) The Commission will issue its decision in a public meeting.

(6) Tollways shall comply with all design and construction standards and specifications normally applicable to Department projects, except as may be otherwise agreed to by the Department in writing.

(7) Automatic tolling systems used for the collection of tolls shall meet or exceed the minimum criteria established by the United States Department of Transportation pursuant to United States Public Law 10[5]9-59, Section 1604, Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) if procured and deployed after the adoption of such criteria.

(8) The Commission will set Tolls in accordance with [Utah Admin. Code] R940-1 and [Utah Code Ann.] Section 72-6-118.

 

R926-9-[3]4. Tollway Special [Restricted] Revenue Fund - Enforcement.

(1) Pursuant to state law, tolls collected by the Department and certain funds received by the Department through a tollway development agreement are deposited in the Tollway [Restricted] Special Revenue Fund established in [Utah Code Ann.] Section 72-2-120.

(2) Monies from the fund may be used to establish and operate tollways and related facilities, including design, construction, reconstruction, operation (including snow removal), maintenance, enforcement, impacts from tollways, and acquisition of right-of-way, pursuant to [Utah Code Ann.] Section 72-2-120.

 

KEY: transportation, tolls, highways, tollways

Date of Enactment or Last Substantive Amendment: [October 16, 2008]2011

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

 

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