DAR File No. 31636

Transportation, Program Development

R926-9

Establishment Designation and Operation of Hot Lanes or Toll Lanes on State Highways

NOTICE OF PROPOSED RULE

DAR File No.: 31636
Filed: 06/27/2008, 04:41
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment provides the basis to establish tollways in Utah in greater specificity.

Summary of the rule or change:

The changes provides how tollways are designated, how the Utah Department of Transportation (UDOT) and the Transportation Commission work together, and how tollway revenue is handled by UDOT.

State statutory or constitutional authorization for this rule:

Sections 72-1-201 and 72-6-118

Anticipated cost or savings to:

the state budget:

No costs or savings are anticipated with this rule change. No new requirements were created with this rule change that impact the state budget. Any UDOT and/or Transportation Commission responsibilities will be administered by existing staff within existing budget.

local governments:

No costs or savings are anticipated with this rule change. No new requirements were created with this rule change that impact local government.

small businesses and persons other than businesses:

No costs or savings are anticipated with this rule change. No new requirements were created with this rule change that impact small businesses or persons other than businesses.

Compliance costs for affected persons:

There is no compliance cost here.

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

There is no significant 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
Program Development
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY UT 84119-5998

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 maureenshort@utah.gov

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:

09/02/2008

This rule may become effective on:

09/09/2008

Authorized by:

John R. Njord, Executive Director

R926. Transportation, Program Development.

R926-9. Establishment Designation and Operation of [HOT Lanes or Toll Lanes on State High]Tollways.

R926-9-1. 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" [means a High Occupancy Vehicle lane designated under Utah Code Ann. Section 41-6a-702 that may be used by an operator of a vehicle carrying less than the number of persons specified for the high occupancy vehicle lane if the operator of the vehicle pays a toll or fee;]has the meaning described in Utah Code Ann. Section 72-6-118 for "High occupacy 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 [or charge assessed for the use of a HOT Lane or Toll Lane]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" [means a designated new highway or additional lane capacity that is constructed, operated, or maintained for which a toll is charged for its use.]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. [Establishment]Designation of [a HOT Lane]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 [a]one or more Toll Lane(s). In deciding whether to designate a [HOT Lane or add a Toll Lane]tollway, the Department may evaluate whether:

(a) [a HOT Lane or Toll Lane]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 t[T]he Department wishes to designate a tollway, it shall submit its recommendations to the Commission and request approval.

([3]4) The Commission will evaluate the recommendations and make a final [approval]decision.

([4]5) The Commission will issue its decision in a public meeting.

([5]6) [HOT Lanes and ]Tollways[ Lanes] 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.

([6]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 105-59, 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.

([7]8) The Commission will set Tolls in [administrative rule]accordance with Utah Admin. Code R940-1 and [as allowed by ]Utah Code Ann. Section 72-6-118.

 

R926-9-3. [Use of ]Tollway Restricted Revenue Fund - Enforcement.

(1) [Monies collected from tolls shall be deposited in the account established in Utah Code Annotated Section 72-2-120. The Commission may use funds from that account to:

(a) Pay the annual cost of enforcement, operation, maintenance, snow removal, and improvement of the highway where the fund is generated; or

(b) Add capacity or purchase right-of-way within the corridor served by the HOT Lane or Toll Lane where the funds are generated.]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) [The costs of enforcement that are eligible for payment with money from this account include:

(a) costs incurred to enforce compliance on HOT Lanes and Toll Lanes of generally applicable laws and ordinances; and

(b) costs incurred to collect unpaid Tolls from people who drive on a HOT Lane or Toll Lane without having paid.]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: [April 20, 2006]2008

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