Title of Regulation: 24VAC30-620. Rules, Regulations, and Rates Concerning Toll and Bridge Facilities (amending 24VAC30-620-10, 24VAC30-620-20, 24VAC30-620-30).

Statutory Authority: § 33.2-210 of the Code of Virginia.

Public Hearing Information: No public hearings are currently scheduled.

Public Comment Deadline: April 16, 2021.

Agency Contact: Jo Anne Maxwell, Government and Legislative Affairs Division Administrator, Department of Transportation, 1401 East Broad Street, Richmond, VA 23235, telephone (804) 786-1830, or email joanne.maxwell@vdot.virginia.gov.

Summary:

The proposed amendments (i) specify the toll rates for certain department-owned and department-operated toll facilities; (ii) delegate authority for the suspension of tolls at those facilities from the Commissioner of Highways to the commissioner's designee; (iii) specify the general conditions and criteria under which the suspension of tolls can occur; and (iv) address additional toll facilities covered by the regulation and the change in procedures and criteria to be considered for the suspension of tolls.

24VAC30-620-10. Applicability and effective dates.

This chapter applies to the following facilities: the Dulles Toll Road, located in the Northern Virginia District; the Powhite Parkway Extension Toll Road, located in the Richmond District; and the George P. Coleman Bridge, located in the Hampton Roads District, all administered by the Innovative Finance and Revenue Operations Division all Virginia Department of Transportation (VDOT)-owned and VDOT-operated toll facilities, unless and until, by agreement or law, authority to operate and set tolls is provided to another public or private entity.

24VAC30-620-20. General conditions and criteria concerning suspension of toll collection.

A. Tolls may be temporarily suspended on any toll facility subject to this chapter, under the following conditions:

1. The Commissioner of Highways or his designee has investigated or assessed a threat to public safety on or in the vicinity of the toll facility; and

2. As a result of the investigation or assessment, the Commissioner of Highways or his designee believes that a temporary suspension of toll collection will alleviate an actual or potential threat or risk to the public's safety, or facilitate the flow of traffic on or within the vicinity of the toll facility.

B. Incidents which may justify the temporary suspension of toll collection operations include, but are not limited to, the following: natural disasters, such as hurricanes, tornadoes, fires, and floods; accidental releases of hazardous materials, such as chemical spills; major traffic accidents, such as multi-vehicle collisions; and any other incidents deemed to present a risk to public safety.

C. Any mandatory evacuation during a state of emergency as defined in § 44-146.16 of the Code of Virginia shall require the temporary suspension of toll collection operations in affected evacuation zones on routes designated as mass evacuation routes. The Commissioner of Highways or the commissioner's designee shall reinstate toll collection when the mandatory evacuation period ends.

D. The suspension of tolls and reinstatement of tolls shall be conducted in accordance with internal agency procedures established by the Commissioner of Highways. The Commissioner of Highways may delegate in writing the authority to suspend and reinstate toll collection operations, as a result of the conditions and criteria outlined in this section. This delegation of authority includes following the policies and procedures established by the Commissioner of Highways and specific to each toll facility, governing the investigation and decision-making processes associated with the possible suspension and reinstatement of toll collections.

E. Judicial proceedings arising from any incident resulting in the suspension of toll collection will be conducted as provided for by § 33.2-613 of the Code of Virginia.

24VAC30-620-30. Rates and delegation of authority to suspend toll collection.

A. The Commissioner of Highways delegates the authority to suspend toll collection operations on the Dulles Toll Road to the Dulles Toll Road's Toll Facilities Administrative Director, subject to consultation with the Northern Virginia District Administrator and to the conditions and criteria outlined in 24VAC30-620-20 A and B. At his discretion, the Dulles Toll Road's Toll Facilities Administrative Director may delegate this authority to others within the toll facility's organization. This delegation of authority includes establishing policies and procedures specific to the toll facility governing the investigation and decision-making processes associated with the possible suspension of toll collections. These policies and procedures shall become part of the toll facility's operating plan.

B. The following are the toll rate schedules for the Dulles Toll Road.

C. The Commissioner of Highways delegates the authority to suspend toll collection operations on the Powhite Parkway Extension Toll Road to the Richmond Toll Facilities' Toll Facilities Administrative Director, subject to consultation with the Richmond District Administrator and to the conditions and criteria outlined in 24VAC30-620-20 A and B. At his discretion, the Richmond Toll Facilities' Toll Facilities Administrative Director may delegate this authority to others within the toll facility's organization. This delegation of authority includes establishing policies and procedures specific to the toll facility governing the investigation and decision-making processes associated with the possible suspension of toll collections. These policies and procedures shall become part of the toll facility's operating plan.

D. A. The following are the toll rate schedules for the Powhite Parkway Extension Toll Road.

E. The Commissioner of Highways delegates the authority to suspend toll collection operations on the George P. Coleman Bridge to the George P. Coleman Bridge Facility's Toll Facilities Administrative Director, subject to consultation with the Hampton Roads District Administrator and to the conditions and criteria outlined in 24VAC30-620-20 A and B. At his discretion, the George P. Coleman Bridge Facility's Toll Facilities Administrative Director may delegate this authority to others within the toll facility's organization. This delegation of authority includes establishing policies and procedures specific to the toll facility governing the investigation and decision-making processes associated with the possible suspension of toll collections. These policies and procedures shall become part of the toll facility's operating plan.

F. B. The following are the toll rate schedules for the George P. Coleman Bridge.

C. For all designated high-occupancy toll facilities, the toll rates shall vary as necessary to manage the demand to use the facility in accordance with 23 USC § 166.