Original Notice.

     Preproposal statement of inquiry was filed as WSR 10-15-096.

     Title of Rule and Other Identifying Information: Toll and fee setting for toll facilities in Washington state.

     Hearing Location(s): Sound Transit Board Room, Union Station, 401 South Jackson Street, Seattle, WA, on January 5, 2011, at 6:30 p.m.

     Date of Intended Adoption: January 5, 2011.

     Submit Written Comments to: Reema Griffith, P.O. Box 47308, Olympia, WA 98504-7308, e-mail transc@wstc.wa.gov, fax (360) 705-6802, by December 30, 2010.

     Assistance for Persons with Disabilities: Contact Reema Griffith, P.O. Box 47308, Olympia, WA 98504-7308, e-mail transc@wstc.wa.gov, fax (360) 705-6802, by December 30, 2010.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The commission is required to establish toll rates and fees for vehicles using the proposed 520 Toll Bridge. The rates and fees must be adequate to cover the debt, operations and maintenance of the facility. The purpose of the proposed rules is to amend the transportation commission administrative codes to:

     (1) Amend WAC 468-270-030 Definitions, to amend definitions and include new definitions relative to photo tolling.

     (2) Amend WAC 468-270-050 What toll facilities are currently subject to this chapter?, to add the SR 520 Bridge.

     (3) Create new section WAC 468-270-071 What are the toll rates and applicable fees for the SR 520 Bridge?, to establish what will be charged to use the SR 520 Bridge.

     (4) Amend WAC 468-270-075 What are the toll rates for the SR 167 HOT lanes pilot project?, to remove effective date.

     (5) Create new section WAC 468-270-091 What vehicles are exempt from paying tolls on the SR 520 Bridge?, to define vehicles eligible for toll exemption.

     (6) Create new section WAC 468-270-300 What administrative fees may apply to toll customers?, to establish new fees and requirements as authorized by law.

     Reasons Supporting Proposal: The transportation commission's proposed toll rates establish charges for vehicles using the SR 520 Bridge.

     Statutory Authority for Adoption: RCW 47.56.030, 47.56.785, 47.56.795, 47.56.830, 47.56.850, 47.56.870.

     Statute Being Implemented: RCW 47.56.870, 47.56.785, 47.56.795, 47.56.830, 47.56.850.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Washington state transportation commission, governmental.

     Name of Agency Personnel Responsible for Drafting and Enforcement: Reema Griffith, Olympia, Washington, (360) 705-7070; and Implementation: Craig Stone, Seattle, Washington, (206) 464-1220.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules do not apply to "business in an industry," as described in RCW 19.85.030 (1)(a).

     A cost-benefit analysis is not required under RCW 34.05.328. Pursuant to subsection (5) of RCW 34.05.328, RCW 34.05.328 does not apply to the transportation commission and it is not required to develop a cost-benefit analysis.

November 17, 2010

Reema Griffith

Executive Director

OTS-3779.3

AMENDATORY SECTION(Amending WSR 07-13-010, filed 6/8/07, effective 7/9/07)

WAC 468-270-030   Definitions.   "Authorized emergency vehicle" includes but is not limited to a vehicle of any fire department, police department, sheriff's office, coroner, prosecuting attorney, Washington state patrol, ambulance service, public or private or any other emergency vehicle as defined in RCW 46.04.040.

     "Bona fide emergency" occurs when an authorized emergency vehicle, as defined herein, responds to or returns from an emergency call.

     "Cash customer" means a toll customer who ((is heading eastbound and is paying)) pays the toll on the Tacoma Narrows Bridge in cash ((on a trip-by-trip basis)).

     "Citizens advisory committee" means the citizens committee established by RCW 47.46.090 that advises the transportation commission on Tacoma Narrows Bridge toll rates.

     "Customer-initiated payment" means the method used to pay a photo toll when there is no prepaid toll account and the customer initiates payment prior to the issuance of a toll bill.

     "Department" means the Washington state department of transportation (WSDOT).

     (("Electronic toll collection (ETC) lane" means a lane in which the electronic toll collection system will read the transponder of each vehicle and automatically collect the toll without requiring the vehicle to slow its speed or stop.))

     "Good To Go!™" is the name of the department's ((electronic)) toll collection system.

     ((""Good To Go!™" customer" means a toll customer who participates in the department's "Good To Go!™" toll collection system.)) "Good To Go!™ Pass" means the method used to pay a toll by a customer who has a prepaid toll account through the use of a Pass (transponder).

     "High-occupancy toll (HOT) lanes" means one or more lanes of a highway that charges tolls as a means of regulating access to or the use of the lanes in order to maintain travel speed and reliability. HOT lane supporting facilities include, but are not limited to, approaches, enforcement areas, improvements, buildings, and equipment.

     "Pass" means the transponder device used for electronic toll collection on the department's toll facilities.

     "Pay By Mail" means the method used to pay a photo toll when a toll bill is mailed to the vehicle's registered owner.

     "Pay By Plate" means the method used to pay a photo toll by a customer who has a prepaid toll account through the use of a photo toll system.

     "Photo toll" means a charge associated with a particular vehicle that is identified by its license plate and includes Pay By Mail, Pay By Plate and customer-initiated payment. A photo toll may be paid through one of the following methods:

     (a) A customer-initiated account that is prepaid (Pay By Plate) or postpaid (Customer-Initiated Payment); or

     (b) In response to a toll bill that is sent to the registered owner of the vehicle incurring the photo toll charge (Pay By Mail).

     "Toll account" means a prepaid account that is linked to a Pass (transponder) or license plates in order to pay a toll by automatic debit.

     "Transponder (Pass)" means a ((radio frequency identification (RFID) unit)) device attached to a toll customer's vehicle that ((transmits a radio signal to a reader mounted in the toll facility. The purpose of the transponder is to)) automatically ((identify)) identifies the toll customer's vehicle as it passes through the toll facility. ((You will receive a transponder when you open a "Good to Go!™" account.))

     "Transportation commission" means the Washington state transportation commission whose duties and composition are set out in chapter 47.01 RCW.

[Statutory Authority: RCW 47.56.030, 47.46.100. 07-13-010, § 468-270-030, filed 6/8/07, effective 7/9/07.]

     ((For the)) (1) Tacoma Narrows Bridge ((only,)). In accordance with chapter 47.46 RCW, the commission must consider the toll rate advice of the citizen advisory committee and must set toll amounts that cover the debt and operations and maintenance until the indebtedness is repaid as required by law.

     (2) SR 520 Bridge.

     (a) The commission must consider toll rates that will help maintain travel time, speed, and reliability on the corridor and must set and adjust toll rates to generate revenue sufficient and necessary to cover costs and obligations described in RCW 47.56.830 and 47.56.850.

     (b) Starting July 1, 2012, the toll rates will increase two and one-half percent annually, subject to review and potential adjustment by the commission, in order to generate toll revenue sufficient to meet the costs and obligations listed in RCW 47.56.830 through 47.56.850.

[Statutory Authority: RCW 47.56.030, 47.46.100. 07-13-010, § 468-270-040, filed 6/8/07, effective 7/9/07.]

[Statutory Authority: RCW 47.56.030, 47.46.100. 07-13-010, § 468-270-050, filed 6/8/07, effective 7/9/07.]

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     When the SR 167 HOT lanes are in operation, the minimum toll rate is $0.50 and the maximum toll rate is $9.00.

[Statutory Authority: RCW 47.56.403. 08-06-032, § 468-270-075, filed 2/26/08, effective 4/7/08.]

     (1) For the Tacoma Narrows Bridge toll rates will remain in effect until changed by the commission or removed due to final repayment of the project as provided by law.

     (2) For the SR 167 HOT lanes, the tolls will remain in effect until changed by the commission.

     (3) For the SR 520 Bridge, the tolls will take effect upon certification by the secretary of transportation that the new statewide tolling operations center and photo toll system are fully operational as described in the note following RCW 47.56.795.

[Statutory Authority: RCW 47.56.030, 47.46.100. 07-13-010, § 468-270-080, filed 6/8/07, effective 7/9/07.]

     (1) The department maintenance vehicles directly involved in bridge and roadway maintenance on the SR 520 Bridge, including the department's incident response vehicles responding to incidents and WSDOT tow trucks stationed on the bridge;

     (2) Washington state patrol vehicles directly providing service to the SR 520 Bridge corridor;

     (3) Publicly owned or operated transit buses;

     (4) Passenger motor vehicles used as ride-sharing as defined in RCW 46.74.010, and that are compliant with RCW 46.16.023 and 82.12.0282;

     (5) Privately owned and operated passenger buses with a carrying capacity of sixteen or more persons, including the operator, as defined in WAC 468-510-010(2), all of which must be similarly marked or identified to display the business name and/or logo on the driver and passenger sides of the vehicle, and operate on a fixed schedule and fixed route, and meet the annual certification requirements of the department;

     (6) Vehicles owned by foreign governments and international organizations. A vehicle transponder is not required for this exemption;

     (7) Authorized emergency vehicles on bona fide emergencies. The vehicle must be equipped with a transponder associated with an authorized prepaid account or an authorized representative may apply for a toll credit for each emergency trip. The credit must be applied for within six months of the trip date. The department will establish and oversee the procedure for emergency vehicle toll credits.

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[Statutory Authority: RCW 47.56.403. 08-06-032, § 468-270-100, filed 2/26/08, effective 4/7/08. Statutory Authority: RCW 47.56.030, 47.46.100. 07-13-010, § 468-270-100, filed 6/8/07, effective 7/9/07.]

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