Or. Admin. Code § 731-040-0050 - Evaluation and Authorization
(1)
This rule applies to all proposals to approve initial toll rates on an
authorized tollway project, including proposals submitted jointly with the
Department under an OIPP agreement.
(2) The operator must create a process equity
plan prior to submitting a proposal for initial rates and the rate proposal
must include feedback on the proposed rate obtained by engaging with
communities identified in the process equity plan.
(3) The toll rate proposal must include an
evaluation of how outcome equity has informed the design of the proposal and
plans for how it will inform the implementation and operation of the tolled
facility.
(4) The Department will
evaluate the toll rate proposal and provide a recommendation to the
Commission.
(5) When establishing
initial toll rates, the Commission must consider the Department's
recommendations and the factors described in ORS
383.004 and set rates to address
the following:
(a) The cost of toll operations
and improvements, preservation, and maintenance of the tollway project,
tollway, and related facilities, including paying any debt service issued to
finance tollway projects.
(b)
Management of congestion to desired thresholds, as established for the tollway
and adjacent roadways, including but not limited to, travel times, speeds,
reliability, increasing accessibility, reducing greenhouse gas emissions, and
avoiding, to the extent practicable, the reduction of existing service levels
on the tollway.
(6) In
addition to the factors described in section (5) of this rule, the Commission
may consider:
(a) Authorizing toll reductions
or exemptions. The reduction or exemption may be limited and directly related
to the needs for operation, maintenance, safety, person-carrying capacity of
the roadway, or for emergency response. The Commission may also consider a
reduction or exemption for low-income households or for tribal members and
tribal government vehicles.
(b)
Simplifying the rate structure to help with communication and public
understanding, which may include minimizing the number of different rates,
limiting rate changes throughout the day, or rounding rates to the closest 5
cent increment.
(c) Determining how
or if to apply toll rates for overnight and non-congested periods.
(d) Structuring rates to encourage users to
shift trips to less busy times of day, telecommute, or use other modes of
transportation, such as public transportation, carpools, biking, and
walking.
(e) Setting rates based on
vehicle classification, in accordance with requirements for fairness and
proportionality between classes of vehicles, as provided in Article IX, section
3a(3), of the Oregon Constitution.
(7) The Commission will approve,
conditionally approve, or disapprove a proposal to establish initial toll
rates. A Commission decision is issued in writing.
Notes
Statutory/Other Authority: ORS 184.619 & 383.015
Statutes/Other Implemented: ORS 383
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