The following rules and rule amendments relating to the Transportation Alternative Program, Right of Way and Toll Roads were proposed by the Texas Department of Transportation (TxDOT) in the July 11 Texas Register.
The proposed new subchapter F & amendments to §16.153 and §16.154, concerning Transportation Funding are being made to the Transportation Alternatives Program (TAP). TAP was created by the Moving Ahead for Progress in the 21st Century Act (also known as MAP-21). The TAP provides federal funding for a variety of alternative transportation projects, many of which were previously eligible for funding under separate programs. The TAP is contained in 23 U.S.C. §213. Many of the concepts contained in the new sections are carried forward from the department's administrative rules concerning the Transportation Enhancement (TE) Program, the predecessor to the TAP, and will be familiar to interested parties.
The proposes amendments and new sections concerning the implementation of Senate Bill 514, 83rd Legislature, Regular Session, 2013, which adds Subchapter T of the Natural Resources Code §§91.901 – 91.905, and authorizes a saltwater pipeline operator to install, maintain, and operate a pipeline through, under, along, across, or over a public road, by lease agreement and other conditions set forth by the Texas Transportation Commission. The goal of the bill is to encourage the use of state right of way and the construction of saltwater pipelines as a mechanism of transport for this wastewater from drill sites to disposal injection wells. These rule proposals add new Subchapter R to 43 TAC Chapter 21 (§§21.961 – 21.972) that sets forth the leasing requirements. Additionally, the rule proposals make minor and non-substantive changes to §§21.31 – 21.40 in Chapter 21, Subchapter C, Utility Accommodations, to modify definitions and terms of relocation for saltwater pipeline facilities in conformance with Senate Bill 514.
TxDOT is constructing managed lane projects where dynamic pricing will be used to set the amount of the toll charges for the use of the tolled managed lanes. During the dynamic pricing phase, tolls are continually adjusted according to traffic conditions to maintain a free-flowing level of traffic, generally based on a prescribed algorithm. The amendments to §27.80 and §27.82 define the term executive director and authorize the executive director to establish toll rates for the use of a toll project where dynamic pricing is in effect. In setting the toll rates, the executive director will consider vehicle classifications, type and location of the facility, regional policies, and similar criteria that apply to a specific project. The toll rates may be established through the approval of an algorithm or other methodology designed to maintain a free-flowing level of traffic on one or more lanes of the toll project.
TAP, Right of Way and Toll Projects Rules Proposed in July 11 Texas Register
