(a) An authority shall reimburse the commission for the cost of a transferred ferry unless the commission determines that the transfer will result in a substantial net benefit to the state, the department, and the traveling public that equals or exceeds the cost.     
      (b) In computing the cost of the ferry, the commission will:      
        (1) include the total amount spent by the department for the original construction of the ferry, including the costs associated with the preliminary engineering and design engineering for plans, specifications, and estimates, the acquisition of necessary rights-of-way, and actual construction of the ferry and all necessary appurtenant facilities; and       
        (2) consider the anticipated future costs of expanding, improving, maintaining, operating, or extending the ferry to be incurred by the RMA and not by the department if the ferry is transferred.       
     Source Note:        The provisions of this §26.45 adopted to be effective March 18, 2004, 29 TexReg 2722; amended to be effective January 5, 2006, 30 TexReg 8999