Or. Admin. Code § 731-040-0041 - Authorization of Tollway Projects on Interstate Bridges
(1) This rule applies to all proposed tollway
projects to establish tolls on an interstate bridge that is or will be a state
highway under the Department's jurisdiction, including proposals submitted by
the Department and proposals submitted jointly with the Department under the
authority of ORS 381.010 (Columbia River bridges)
or ORS 381.098 (Snake River bridges).
These tollway projects are also subject to the requirements of OAR
731-040-0039.
(2) The Department
will consider the factors identified in OAR 731-040-0039 in evaluating the
proposal and provide findings and a recommendation to the Commission. The
Department may not recommend authorization of a tollway project unless the
Department makes one of the findings described in ORS
383.004.
(3) The Commission will consider the tollway
project proposal, the Department's findings and recommendations, and all of the
following:
(a) Whether another state has any
authority over the bridge.
(b)
Whether the proposal has been authorized, or is expected to be authorized, by
the governing body with jurisdiction over the proposal in the other state
linked to Oregon by the bridge.
(c)
Whether the proposal is consistent with any conditions imposed by the governing
body with jurisdiction over the proposal in the other state, if any.
(d) Whether the proposer has legal authority
to implement the project in the other state, and if not, the level of
coordination between the proposer and the entity having such
authority.
(4) The
Commission will authorize, authorize with conditions, or reject the proposal. A
Commission decision is issued in writing.
(5) A proposal may be revised and
re-submitted by the proposer for Department reconsideration and recommendation
to the Commission once, unless otherwise directed by the Commission or
Department.
Notes
Statutory/Other Authority: ORS 184.619, 383.004, 383.015 & 383.075
Statutes/Other Implemented: ORS 383
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