I-80 tolling.

WORKING DRAFT
2013
STATE OF
WYOMING
13LSO-0432

SENATE FILE
NO.

SF0102

I-80 tolling.

Sponsored by:
Senator(s) Case

A BILL

for

AN ACT relating to highways; granting powers to the transportation commission; defining duties of the transportation commission and the department of transportation; creating a program for the planning and implementation of tolling on
I
nterstate 80; providing for the review of tolling plans; providing rulemaking authority; allowing assistance between state agencies; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1
.

W.S. 24
‑
16
‑
101 through 24
‑
16
‑
106
are created to read:

CHAPTER 16
INTERSTATE 80 TOLLING

24
‑
16
‑
101.

Purpose
.

In order to finance, construct, operate and maintain
I
nterstate 80 and accommodate the needs of the traveling public through safe, efficient, convenient and modern vehicular traffic, tolling
of Interstate 80 in Wyoming may
become necessary. For this purpose, the legislature directs the Wyoming transportation commission to prepare for a tolling program for Interstate 80. This act is intended to direct the commission to investigate
all options by which I
nterstate 80 could
be converted into a toll highway and to work towards a safe interstate which consists of three
(3)
lanes in each direction where commercial
vehicles are
restricted to two (2)
lanes and tolls are based upon
a

vehicle's impact on the roadway. This act is intended to provide the commission with the authority to work with the federal government to obtain all necessary authorizations
to meet this act's tolling purpose. This act is intended to prepare the state for tolling on Interstate 80. However, further legislative approval is necessary before tolling is authorized.

24
‑
16
‑
102
.

Definitions
.

(a)

As used in this act:

(
i
)

"Alternative design and construction delivery methods" means design and construction services as defined in W.S. 16
‑
6
‑
701;

(ii)

"Commercial vehicle" means as defined by W.S. 31
‑
18
‑
101(a)(iii);

(i
i
i
)

"Commission" means the
Wyoming
transportation commission;

(i
v
)

"Construct" or "construction" means the planning, designing, engineering, right-of-way acquisition, installation, con
struction or reconstruction of I
nterstate 80;

(v
)

"Department" means the department of transportation;

(vi
)

"Interstate
80" means the entire length of I
nterstate 80 in Wyoming, or as specifically designated in the project master plan;

(vi
i
)

"Local government" means a municipal or county government;

(
viii
)

"Project" means an existing highway or additional
lane capacity that is part of I
nterstate 80 and related highway improvements, maintenance and services and all matters related to the imposition and collect
ion of tolls on I
nterstate 80
;

(
i
x
)

"Project master plan" means a comprehensive plan for the project as required by this act and which must be presented to the legislature for approval;

(x
)

"Toll" means co
mpensation paid for the use of I
nterstate 80, or any part thereof, by vehicular or other traffic;

(x
i
)

"Toll revenues" means all revenues generated by the project;

(x
i
i
)

"This act" means
W.S. 24
‑
16
‑
101 through 24
‑
16
‑
106
.

24
‑
16
‑
103
.

Toll highway project master plan; review.

(a)

The
commission
shall develop a project master plan for the project that describes, but is not limited to:

(
i
)

The goals for the project;

(ii)

The physical project description;

(iii)

The construction phasing and estimated capital costs;

(iv)

Due to the potential size and complexity of the project, alternative design and construction delivery methods if the chief engineer of the department determines that using such methods is advisable;

(
v)

The tolling approach and toll rate structure
based to the extent
possible and
reasonable on the impact of each vehicle type on the roadway
;

(v
i
)

The options for providing reduced-cost and cost-free access for resident drivers and drivers who drive
less than thirty (30) miles on I
nterstate 80 in any twenty-four (24) hour period;

(vii)

The options for restricting commercial vehicles to the use of only two
(2) lanes in each direction of I
nterstate 80;

(v
i
i
i
)

The operations and maintenance plans;

(ix
)

The toll revenue projections and financial plans;

(
x
)

A plan for using toll revenues to construct a new lane of roadway in each direction
across the entire length of I
nterstate 80, including plans that would assume that only two
(2)
lanes would be available for commercial vehicles;

(x
i
)

Identification of persons or entities exempt from toll fees or toll requirements;

(
x
i
i
)

The option of establishing a program which would provide impact assistance to local governments neg
atively impacted by tolling on I
nterstate 80;

(xi
i
i
)

An outreach program utilizing the department's public consultative policy for public outreach;

(xiv
)

Any other f
ederally required information.

(b)

The commission shall submit the project master plan to the joint transportation, highways and military affairs interim committee on or before December 1, 2013
. On or before December 1 of each year thereafter, the commission shall submit a report to the joint transportation, highways and military affairs interim committee detailing progress in implementing the project master plan.

24
‑
16
‑
104
.

Powers and duties of the commission.

(a)

In addition to their existing powers, t
he commission shall have the following powers and duties regarding the project:

(
i
)

To
direct and
advise the department;

(ii)

To develop and present for approval the project master plan as required by this act;

(iii
)

To employ or contract for the services of consultants for the rendering of professional, financial and technical assistance and advice;

(
i
v)

To set and adopt
a budget for the project;

(
v)

To contract for and accept any gifts or grants or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from any other source;

(vi)

To apply for auth
orization or otherwise take any
action necessary to obtain authorization to toll
I
nterstate 80 consistent with the project master plan.

24
‑
16
‑
10
5
.

Rulemaking
authority.

The commission and the department shall have the authority to promulgate rules and regulations necessary for the project and to carry out their obligations and duties under this act.

23
‑
16
‑
106
.

Assistance by state agencies.

Upon request of the commission, any state agency may lend technical assistance, render advice and attend meetings with the directors and
employees of the commission,
the department
or private persons
as the commission requires in carrying out its functions and duties under this act.

Section 2
.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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SF0102