SECTION 27.73. Commission Approval of County Toll Project

(a) Purpose. Transportation Code, Chapter 284, authorizes a county to construct a toll road project. Transportation Code, §362.051 provides that a governmental or private entity must obtain the commission's approval before beginning construction of a toll project that is to be a part of the state highway system. Transportation Code, §284.008(c) specifies that a county's toll road project will become a part of the state highway system when all the bonds and interest on the bonds of the project are paid, thereby requiring commission approval of a county toll road project under Transportation Code, §362.051. This section prescribes the procedure by which a county may obtain commission approval under Transportation Code, §362.051. This section does not apply to a county toll project for which the commission has adopted an order under Transportation Code, §284.008(d), stating that the project will not become a part of the state highway system under §284.008(c). This section also does not apply to a county with a population of more than two million.

(b) Request. To secure approval of a toll road project under this section, a county shall submit a written request for approval to the executive director. The request must be accompanied by:

(1) a summary of the anticipated financing plan for purposes of seeking the approval described in subsection (e)(2) of this section;

(2) traffic and revenue forecasts;

(3) a detailed schematic indicating the location of interchanges and mainlanes;

(4) a report identifying relocations or reconstruction to state highway system facilities anticipated in connection with the proposed toll road project;

(5) an evaluation of the toll road project's integration into the state highway system;

(6) documentation demonstrating that the environmental review and public involvement for the project have been conducted in the manner prescribed by Chapter 2, Subchapter C of this title (relating to Environmental Review and Public Involvement for Transportation Projects); and

(7) a written commitment to comply with the design and construction standards prescribed in §27.74 of this subchapter (relating to Design and Construction Standards for Toll Road Projects) when developing the toll road project.

(c) Environmental review and public involvement.

(1) When a county proposes to develop a toll road project under this section, the county shall conduct a study of the social and environmental impacts of the project in accordance with Chapter 2, Subchapter C, of this title.

(2) The county shall provide for public involvement by complying with §2.43(c) of this title (relating to Non Federal-Aid Transportation Projects).

(3) When a county proposes to develop a toll road project under this section and requests federal-aid or federal-aid and state highway funds to assist with the project, the project shall be developed in accordance with §2.50 of this title (relating to Financial Assistance for Toll Facilities and Pass-Through Toll Projects).

(4) When a county proposes a toll road project under this section and no federal-aid or state highway funds are used, the county shall complete environmental studies and public involvement in accordance with all applicable federal and state requirements and in accordance with Chapter 2, Subchapter C, of this title.

(d) Respective roles and responsibilities. The county shall request that the department make a determination of the respective roles and responsibilities of the county and the department under Chapter 2, Subchapter C, of this title. The county shall comply with the department's directives. The directives will specify who will conduct the following work, either by the county or by the department:

(1) preparation and completion of environmental studies;

(2) submission of appropriate environmental documentation for department review;

(3) preparation of any document revisions;

(4) submission of copies of the environmental studies and documentation adequate for distribution;

(5) preparation of legal and public notices for department review and use;

(6) arrangements for appropriate public involvement, including court reporters and accommodations if requested for persons with special communication or physical needs related to the public hearing;

(7) preparation of public meeting and hearing materials;

(8) preparation of any responses to comments;

(9) preparation of public meeting and public hearing summary and analysis, the comment and response reports, and submission of a verbatim transcript of any public hearing and a signed certification that the hearing has been held in accordance with §2.43(c) of this title (relating to Non Federal-Aid Transportation Projects), the Civil Rights Act of 1964, and the Civil Rights Restoration Act of 1987; and

(10) submission of documentation showing that all EPIC have been or will be completed, including copies of permits or other approvals required prior to construction.

(e) Approval. In deciding whether to approve a county toll road project, the commission will consider whether:

(1) the toll road project may be effectively integrated into the state highway system;

(2) the department is able to construct any connecting roads necessary for the toll road project to generate sufficient revenue to pay the debt incurred for its construction; and

(3) the environmental review and public involvement for the toll road project have been conducted in the manner prescribed by Chapter 2, Subchapter C of this title.

Source Note: The provisions of this §27.73 adopted to be effective March 18, 2004, 29 TexReg 2746; amended to be effective January 5, 2006, 30 TexReg 9005; amended to be effective January 5, 2012, 36 TexReg 9352