H.B. 266 Enrolled

UTAH DEPARTMENT OF TRANSPORTATION
AUTHORITY TO CONSTRUCT TOLL ROADS AND LANES
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Brian R. Allen
AN ACT RELATING TO HIGHWAYS; PROVIDING FOR THE ESTABLISHMENT,
OPERATION, AND APPROVAL OF TOLLWAYS; PROVIDING DEFINITIONS;
ESTABLISHING RULEMAKING; AND CREATING THE TOLLWAY RESTRICTED
ACCOUNT WITHIN THE TRANSPORTATION FUND.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
27-12-132.1, Utah Code Annotated 1953
27-12-132.2, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 27-12-132.1 is enacted to read:
27-12-132.1. Definitions -- Establish and operate tollways -- Imposition and collection
of tolls -- Amount of tolls -- Rulemaking -- Tollways.
(1) As used in this section:
(a) "Toll" means any tax, fee, or charge assessed for the specific use of a tollway.
(b) "Tollway" means a highway, highway lane, bridge, path, tunnel, or right-of-way
designed and used as a transportation route that is constructed, operated, or maintained through
the use of toll revenues.
(2) Subject to the provisions of Subsection (3), the department may:
(a) establish and operate tollways and related facilities for the purpose of funding in whole
or in part the acquisition of right-of-way and the design, construction, reconstruction, operation,
and maintenance of or impacts from a transportation route for use by the public;
(b) enter into contracts, agreements, licenses, franchises, or other arrangements to
implement this section; and
(c) impose and collect tolls on any tollway established under this section.

(3) (a) The department or other entity may not establish or operate a tollway on a state
highway, except as approved by the commission and the Legislature.
(b) Between sessions of the Legislature, a state tollway may be designated or deleted if:
(i) approved by the commission in accordance with the standards made under this section;
and
(ii) the tollways are submitted to the Legislature in the next year for legislative approval or
disapproval.
(c) In conjunction with a proposal submitted under Subsection (b)(ii), the department shall
provide a description of the tollway project, projected traffic, the anticipated amount of tolls to be
charged, and projected toll revenue.
(4) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
commission shall set the amount of any toll imposed or collected on a tollway on a state highway.
(5) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
department shall make rules necessary to establish and operate tollways on state highways. The
rules shall include minimum criteria for having a tollway.
(6) The commission may provide funds for public or private tollway pilot projects from
General Fund monies appropriated by the Legislature to the commission for that purpose.
Section 2. Section 27-12-132.2 is enacted to read:
27-12-132.2. Tollway Restricted Account -- revenue -- nonlapsing.
(1) There is created within the Transportation Fund a restricted account known as the
"Tollway Restricted Account."
(2) The account shall be funded from the following sources:
(a) tolls collected under Section 27-12-132.1;
(b) appropriations made to the account by the Legislature;
(c) contributions from other public and private sources for deposit into the account;
(d) interest earnings on cash balances; and
(e) all monies collected for repayments and interest on account monies.
(3) All monies appropriated to the account are nonlapsing.

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(4) (a) Monies shall be appropriated by the Legislature from the restricted account to the
commission for tollway purposes.
(b) The commission may authorize the monies under Subsection (4)(a) to be spent by the
department to establish and operate tollways and related facilities, including design, construction,
reconstruction, operation, maintenance, impacts from tollways, and the acquisition of right-of-way.

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