(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department and the commission shall make rules establishing minimum guidelines for tollway development agreement proposals.

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Terms Used In Utah Code 72-6-204

  • 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
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • 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
(2) The guidelines under Subsection (1) shall require the proposal to include:

     (2)(a) a map indicating the location of the tollway facility;
     (2)(b) a description of the tollway facility;
     (2)(c) a list of the major permits and approvals required for developing or operating improvements to the tollway facility from local, state, or federal agencies and a projected schedule for obtaining the permits and approvals;
     (2)(d) a description of the types of public utility facilities, if any, that will be crossed by the tollway facility and a statement of the plans to accommodate the crossing;
     (2)(e) an estimate of the design and construction costs of the tollway facility;
     (2)(f) a statement setting forth the private entity’s general plans for developing or operating the tollway facility, including identification of any revenue, public or private, or proposed debt or equity investment proposed by the private entity;
     (2)(g) a statement of the estimated level of funding, if any, required to be provided by the state;
     (2)(h) the name and addresses of the persons who may be contacted for further information concerning the tollway development agreement proposal; and
     (2)(i) any other material or information that the department requires by rules made under this section.
(3) The department is not required to review a tollway development agreement proposal if it determines that the proposal does not meet the guidelines established under this section.