This bill generally changes the approval process for user fee facility projects. Current law requires the department of transportation ("department") to first submit the proposed user fee facility project to the transportation modernization board ("board") before submitting the proposed user fee facility project to the general assembly. The department must submit the proposed user fee facility project to the general assembly if any state agency proposes to assist in funding the user fee facility project with state or federal-aid funds.
This bill requires, instead, that the department first submit the proposed user fee facility project, for approval, to the governing body of any municipality or county, including a county with a metropolitan form of government ("local government") in which the proposed user fee facility is to be located, either wholly or partly. If the department receives approval from the local government, then the department may submit the proposed user free facility project to the board for approval. Further development of the user fee facility project must not occur until the user fee facility project has been approved by the local governing body or bodies, by the board, and, if applicable, by the general assembly in accordance with these provisions.
FUNDING FOR USER FEE FACILITY PROJECTS
Current law allows the department to expend funds from the transportation modernization fund for user fee facility projects. This bill removes this funding option.
WHEN THE BOARD MAY DESIGNATE HIGHWAY LANES AS USER FEE FACILITIES
Present law allows the department to designate one or more lanes of a highway, or portion of a highway, within the state as a user fee facility, subject to board approval. This bill requires the department to seek the approval of the local government in which the proposed user fee facility is to be located.
PROCESS FOR ESTABLISHING A NEW USER FEE FACILITY
Present law requires the department to submit a proposal to the board to establish a new user fee facility or to add a user fee facility on an existing facility. This bill requires the department to first submit a proposal to the governing body of each local government in which the proposed user fee facility is to be located, either wholly or partly.
REQUIREMENTS FOR PROPOSAL
Under current law, the department must submit to the board a proposal for a user fee facility, which must include plans, feasibility analyses, and other such information as may be available to describe the proposed project and the need for such project, including:
(1) Projected traffic on the user fee facility;
(2) The anticipated amount of the user fee to be charged, or the method for setting variable user fees;
(3) Projected user fee revenue; and
(4) If applicable, the proposed use of a franchise agreement, concession agreement, or a combination of those agreements, to design, construct, finance, operate, or maintain the user fee facility.
This bill requires the department to submit the project proposal first to the local government and receive its approval before proceeding with submitting the project proposal to the board.

Statutes affected:
Introduced: 54-3-103, 54-3-102(c), 54-3-102, 54-3-104(a), 54-3-104, 54-3-104(c), 54-3-104(d)