72-6-206.  Commission approval and legislative review of tollway development agreement provisions.

(1)  Prior to the department entering into a tollway development agreement under Section 72-6-203, the department shall submit to the commission for approval the tollway development agreement, including:

Terms Used In Utah Code 72-6-206

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Commission: means the Transportation Commission created under Section 72-1-301. See Utah Code 72-1-102
  • Construction: means the construction, reconstruction, replacement, and improvement of the highways, including the acquisition of rights-of-way and material sites. See Utah Code 72-1-102
  • Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
  • Tollway development agreement: means a contractual agreement with a public or private entity that provides for any predevelopment activities, design, construction, reconstruction, financing, acquisition, maintenance, or operation of a tollway or any or all of them. See Utah Code 72-6-202
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
(a)  a description of the tollway facility, including the conceptual design of the facility and all proposed interconnections with other transportation facilities;

(b)  the proposed date for development, operation, or both of the tollway facility;

(c)  the proposed term of the tollway development agreement;

(d)  the proposed method to determine toll rates or user fees, including:

(i)  identification of vehicle or user classifications, or both, for toll rates;

(ii)  the original proposed toll rate or user fee for the tollway facility;

(iii)  proposed toll rate or user fee increases; and

(iv)  a maximum toll rate or user fee for the tollway facility; and

(e)  any proposed revenue, public or private, or proposed debt or equity investment that will be used for the design, construction, financing, acquisition, maintenance, or operation of the tollway facility.

(2)  Prior to amending or modifying a tollway development agreement, the department shall submit the proposed amendment or modification to the commission for approval.

(3)  The department shall report to the Transportation Interim Committee or another committee designated by the Legislative Management Committee on the status and progress of a tollway subject to a tollway development agreement under Section 72-6-203.

Amended by Chapter 222, 2016 General Session