DAR File No. 43841

Transportation Commission, Administration

Rule R940-1

Establishment of Toll Rates

Notice of Proposed Rule

(Amendment)

DAR File No.: 43841
Filed: 06/28/2019 04:11:03 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

These proposed rule changes update the existing rule to align it with changes to the Transportation Code. The Legislature delegated authority for setting toll rates and ranges to the Transportation Commission (Commission) in S.B. 72, passed during the 2019 General Session (2019 Utah Laws Ch. 479).

Summary of the rule or change:

These proposed rule changes set the maximum toll rate at $4 per payment zone for roads in Utah. However, the actual toll rate for payment zone is set by the Commission according to a schedule of optimal toll rates on its Internet web site, which will be accessible by the public at: http//www.udot.utah.gov/Payment Zone Toll Schedule. The Legislature delegated authority for setting toll rates and ranges to the Transportation Commission in S.B. 72 (2019).

Statutory or constitutional authorization for this rule:

• Section 72-6-118

Anticipated cost or savings to:

the state budget:

These proposed rule changes will not lead to fiscal impact to the state's budget. These proposed changes do not increase or decrease tolls.

local governments:

These proposed rule changes will not lead to a fiscal impact for local governments. Local governments are exempt from tolls.

small businesses:

As Rule R940-1 provides the procedure by which the Transportation Commission sets toll rates, and sets toll rates for using toll roads and lanes in Utah, it may potentially affect every business, small and non-small, and every individual who drives on Utah roads. However, these proposed rule changes should have no fiscal impact on individuals, businesses, or governments in Utah. They do not increase or decrease tolls for using Utah roads.

persons other than small businesses, businesses, or local governmental entities:

These proposed rule changes will not lead to any fiscal impact or increased compliance costs for any businesses or individuals. They do not increase or decrease tolls for using Utah roads.

Compliance costs for affected persons:

These proposed rule changes will not lead to any fiscal impact or increased compliance costs for any businesses or individuals. They do not increase or decrease tolls for using Utah roads.

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

These proposed rule changes will not have a fiscal impact on businesses.

Carlos Braceras, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Christine Newman at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov
• James Palmer at the above address, by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov
• Linda Hull at the above address, by phone at 801-965-4253, by FAX at , or by Internet E-mail at lhull@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:

08/14/2019

This rule may become effective on:

08/21/2019

Authorized by:

Carlos Braceras, Executive Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2020	FY 2021	FY 2022
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

1) These proposed rule changes update the existing rule to align it with changes to the Transportation Code by the Legislature with passage of S.B. 72 in the 2019 General Session.

 

2) The Department of Workforce Services Firm Find database lists 105,145 companies doing business in Utah. Of these, 99,626 (95%) are small businesses by definition (fewer than 50 employees) and 5,519 are non-small businesses. As Rule R940-1 provides the procedure by which the Transportation Commission sets toll rates and sets toll rates for using toll roads and lanes in Utah, it may potentially affect every business, small and non-small, and every individual who drives on Utah roads. However, these proposed rule changes should have no fiscal impact on individuals, businesses, or governments in Utah.

 

3) This rule sets the maximum toll rate at $4 per payment zone for roads in Utah. However, the actual toll rate for payment zone is set by the Commission according to a schedule of optimal toll rates on its Internet web site, which will be accessible by the public at: http//www.udot.utah.gov/Payment Zone Toll Schedule.

 

4) Presently, the Commission has set the maximum optimal toll rate at $2. These proposed rule changes do not change that maximum optimal toll rate. These proposed rule changes will not lead to any fiscal impact or increased compliance costs for any business or individual.

 

5) The executive director of the Department has reviewed and approves this analysis.

 

 

R940. Transportation Commission, Administration.

R940-1. Establishment of Toll Rates.

R940-1-1. Purpose and Authority.

The purpose of this rule is to establish procedures for the setting of toll rates. This rule is authorized by Utah Code Section 72-6-118.

 

R940-1-2. 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, which is created in Section 72-1-101;

[(3) "HOT Lane" means a High Occupancy Vehicle Lane as designated pursuant to Section 41-6a-702 and R926-9.]

[(4)](3) "Toll" means the toll or user fees 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]high occupancy toll [L]lane.

[(5)](4) "Tollway" has the meaning described in Section 72-6-118.

[(6)](5) "Tollway development agreement" has the meaning described in Utah Code Section 72-6-202.

 

R940-1-3. Setting Toll Rates.

(1) The Commission shall be responsible for setting toll rates on state highways as specified in this rule.

(2) Toll rates for facilities included in a tollway development agreement shall be set in accordance with the terms and conditions of the tollway development agreement. Terms and conditions relating to toll rates are required to be presented to the Commission in connection with award of the tollway development agreement, and any modifications to such terms and conditions will be considered a substantial modification or amendment requiring Commission approval under Section R940-1-3.

(3) The Commission may, in its sole discretion, increase the toll rates for a facility subject to a tollway development agreement above the amount allowed under the tollway development agreement.

 

R940-1-4. [Base ]Toll Rates [ and Range for HOT Lanes].

(1) [In deciding what Toll is appropriate for HOT Lanes that are not subject to tollway development agreements, the Commission balances the need to obtain revenue against the effect that a certain Toll amount will have on demand. The goal is to set a price that encourages optimal use of the HOT Lane.

(2) For HOT Lanes the toll is $0.25 to $1.00 per payment zone. The Department will manage the amount of the toll necessary to keep the lane freely flowing.]The Commission will set tolls at a rate designed to keep traffic freely flowing in each payment zone. The Department will calculate the optimal toll rate for each payment zone and create a schedule of optimal toll rates. The Department will submit the schedule of optimal toll rates to the Commission for prior approval. The Department will review the schedule of optimal toll rates as often as necessary to maintain the optimal traffic flow in each payment zone, but at least every 6 months. The Department will post the schedule of optimal toll rates on its Internet web site, which will be accessible by the public at: http//www.udot.utah.gov/Payment Zone Toll Schedule/. The toll rate in effect shall be posted on variable message signs at each payment zone.

(2) The maximum toll rate is $4.00 per payment zone.

(3) Toll rates [for HOT Lanes]for roads that are subject to a tollway development agreement shall be set in the tollway development agreement.

 

R940-1-5. Tollway Restricted Special Revenue Fund.

(1) 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 Special Revenue Fund established in Section 72-2-120.

(2) Monies from the fund may be used [to establish and operate tollways and related facilities, including design, construction, reconstruction, operation, maintenance, enforcement, impacts from tollways, and acquisition of right-of-way, ]pursuant to Section 72-2-120.

 

KEY: transportation, tolls, [ HOT ] high occupancy toll [ L ]lanes, tollways

Date of Enactment or Last Substantive Amendment: [April 21, 2011]2019

Notice of Continuation: June 2, 2016

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