Or. Admin. Code § 731-040-0041

Current through Register Vol. 64, No. 1, January 1, 2025

Section 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.

Or. Admin. Code § 731-040-0041

DOT 6-2024, adopt filed 12/04/2024, effective 12/5/2024

Statutory/Other Authority: ORS 184.619, 383.004, 383.015 & 383.075

Statutes/Other Implemented: ORS 383