2005 Arizona Revised Statutes - Revised Statutes §28-7747  Board approval; inspection agreement

A. An operator who applies for authority to construct, operate or enlarge a roadway pursuant to this article shall first obtain conditional approval of the board for the project, the project construction costs, the location and design of the roadway and the roadway's connection with any road under the jurisdiction of the board at proper and convenient places in order to provide for the convenience of the public. The board may conditionally approve the project and its interconnections with other roads if its interconnections are compatible with the existing road network.

B. The board's approval is conditioned on the federal government's approval of any interconnection, if interconnections with any interstate highway or other federal facility are contemplated and if federal approval is required and has not been obtained at the time the board acts.

C. If the board conditionally approves the project, project design and connections of the roadway, the department shall negotiate an agreement with the operator providing that, on a reimbursable basis, the department shall, except as provided in subsection D of this section:

1. Review plans and specifications for the roadway and approve them if they conform to state practices.

2. Inspect and approve construction of the roadway if it conforms to the plans and specifications and to state construction and engineering standards.

3. Throughout the life of the roadway project, monitor the maintenance practices of the operator and take action as appropriate to ensure the performance of maintenance obligations.

4. Perform other necessary services that the private entity is unable to perform, including project development and environmental impact statements.

D. The agreement prescribed in subsection C of this section may also provide for any one or a combination of the following, excluding functional roadway segments owned, acquired or being constructed by the department:

1. Pursuant to section 28-7094, leasing to the operator rights-of-way and other property that are owned, acquired or constructed by the department and that are necessary for the operator's project.

2. On a reimbursable basis, exercising the power of eminent domain to acquire rights-of-way or other property necessary for use by the operator in connection with the project.

3. Notwithstanding sections 28-7048 and 28-7094, licensing the operator to use rights-of-way and other property that are owned, acquired or constructed by the department and that are necessary for the operator's project in consideration of the operator's agreement to transfer and dedicate to the department on acquisition any rights-of-way acquired by the operator for the project and to transfer and dedicate to the department the completed project at the termination of the certificate of authority as provided in section 28-7758 in addition to any other consideration that may be required by the department.

E. The agreement prescribed in subsection C of this section may also provide for the department's expenditure of monies to construct, modify or maintain traffic interchanges, overpasses, bridges, tunnels and other similar facilities that complement the operator's project if tolls or other charges are not imposed by or payable to the operator for use of those facilities except any facilities leased to or licensed by the operator pursuant to subsection D of this section.

F. The agreement prescribed in subsection C of this section shall require the operator to establish and fund accounts to ensure that monies are available to meet the obligations of the operator, including reasonable reserves for contingencies and maintenance replacement activities.

G. The approval of plans, specifications and construction may be undertaken in phases, but construction shall not begin until the approval of plans including that phase of construction.

H. Costs incurred by the department before the written agreement with the operator is finalized are not reimbursable.

I. On negotiation of an agreement pursuant to subsection C of this section, the department shall make a copy of the agreement available at a public hearing at a location convenient to the operator's project and for at least fifteen days before the public hearing. The notice of the public hearing shall be published in a newspaper that has a circulation of at least fifty thousand copies and that is regularly distributed in the county or counties in which the operator's project is located. The notice of the public hearing shall announce the availability of the agreement and where a copy of the agreement may be obtained or reviewed and shall state that comments may be submitted in writing to the department within thirty days of the availability of the agreement. The department may revise or renegotiate the agreement based on the public comments it receives.

J. After compliance with subsection I of this section, the board may give final approval to the project, project design, connections of the roadway and agreement prescribed in subsection C of this section and may authorize the director to execute the agreement. The department shall make the agreement submitted for the board's final approval available to the public and shall give public notice of the availability of the agreement at least fifteen days before the meeting of the board at which the approval will be considered. The public notice shall be published in a newspaper that has a circulation of at least fifty thousand copies and that is regularly distributed in the county or counties in which the operator's project is located and shall specify where a copy of the agreement may be obtained or reviewed.

K. The board shall not approve more than two applicants under this article.

L. Nothing in this article shall be construed to grant any person any exemption from or immunity under antitrust laws.