OAR 731-040-0051: Process for Approving Initial Rates on Tollways on Interstate Bridges

(1) This rule applies to a proposal to approve initial toll rates on an interstate bridge that is or will be a state highway under the Department’s jurisdiction, including proposals submitted by the Department, or jointly with the Department under ORS 381.010 (Columbia River bridges), or ORS 381.098 (Snake River bridges). Approval of tolls on interstate bridges is also subject to the requirements of OAR 731-040-0050. (2) The proposal must be submitted to the Department for review. The Department will consider the factors identified in OAR 731-040-0050 in evaluating the initial toll rate proposal and provide a recommendation to the Commission. (3) The Commission will consider the Department’s recommendation, the factors identified in OAR 731-040-0050, and all 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 approve, conditionally approve, or disapprove a proposal to establish initial toll rates. A Commission decision is issued in writing.