DAR File No. 31708

Transportation Commission, Administration

R940-2

Approval of Tollway Development Agreements

NOTICE OF PROPOSED RULE

DAR File No.: 31708
Filed: 07/15/2008, 02:16
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule provides the basis for accepting and awarding of tollway proposals and development agreements.

Summary of the rule or change:

This is a new rule that defines tollway development agreements and how the department rejects, approves, or modifies agreements.

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

local governments:

No cost of savings are anticipated with the adoption of this rule. No new requirements are created with this rule that impact local government.

small businesses and persons other than businesses:

No cost or savings are anticipated with the adoption of this rule. No new requirements are created with this rule that impact small businesses or persons other than businesses.

Compliance costs for affected persons:

There are no compliance costs.

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

This rule will not have a 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
CALVIN L RAMPTON COMPLEX
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 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

R940. Transportation Commission, Administration.

R940-2. Approval of Tollway Development Agreements.

R940-2-1. Authority.

(1) The provisions of this rule are authorized by the following grants of rulemaking authority and provions of Utah Codes: Title 63G, Chapter 3; Title 63G, Chapter 6; Title 72, Chapter 2, Section 120; Title 72, Chapter 6, Section 118; and the Public-Private Partnerships for Tollways Act, Utah Code Sections 72-6-201 et seq.

 

R940-2-2. Definitions.

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

(2) "Department" means the Utah Department of Transportation, which is created in Utah Code Ann. Section 72-1-101;

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

(4) "Tollway Development Agreement" has the meaning described in Utah Code Ann. Section 72-6-202 and Utah Admin. Code R926-10, "Tollway Development Agreements."

 

R940-2-3. Proposals for Tollway Development Agreements.

(1) The Department shall report to the Commission regarding any unsolicited proposals received and any solicitations issued for tollway development agreements, and shall provide regular status updates to the Commission regarding any such matters.

(2) The Department shall have authority to act on its own behalf and on behalf o the Commission in using solicitation and procurement documents for tollway development agreements and in reviewing and evaluating submissions received from proposers.

 

R940-2-4. Award of Tollway Development Agreements.

(1) Following receipt of a recommendation from the Director for award of a tollway development agreement accompanied by the information regarding the proposed agreement required under Utah Code Ann. Section 72-6-206, the Commission shall take one of the following actions:

(a) Award the tollway development agreement in accordance with the Director's recommendation;

(b) Reject the Director's recommendation and request that the Department take specified action; or

(c) Reject the Department's recommendation and direct the Department to terminate the procurement.

 

R940-2-5. Amendments to Tollway Development Agreements.

(1) Following receipt of a request from the Department for approval of any substantial modification or amendment to a tollway development agreement, accompanied by information regarding the modification and specifically identifying any changes in the information required to be provided to the Commission in connection with award of the agreement under Utah Code Ann. Section 72-6-206, the Commission shall determine whether to approve the modification or amendment.

 

KEY: development, agreements, tollway

Date of Enactment or Last Substantive Amendment: 2008

Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-6-118