Effective Date of Rule: Contingent upon legislative action regarding toll rates and fees, these WAC rules take effect immediately upon the certification by the secretary of transportation that the new statewide tolling operations center and the photo toll system are fully operational.

     Purpose: To adopt proposed amendments to the existing chapter 468-270 WAC that will establish toll rates and vehicle exemptions for the proposed 520 Bridge, and statewide fees in consideration of public comments and commission review.

     Citation of Existing Rules Affected by this Order: Amending WAC 468-270-030, 468-270-040, 468-270-050, 468-270-075, 468-270-080, and 468-270-100.

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

      Adopted under notice filed as WSR 10-24-001 on January 5, 2011 [November 17, 2010].

     Changes Other than Editing from Proposed to Adopted Version: 1. WAC 468-270-030 Definitions, the following terms: "Customer-Initiated Payment," "Good To Go!^TM Pass," "Pass" and "Photo toll" were amended to clarify their meaning and to be consistent with the use of the same terms by the Washington state department of transportation.

     2. WAC 468-270-071 What are the toll rates on the SR 520 Bridge?, footnote 3 added to Tables 2 through 6 to include toll rates for travel on six holidays which will be the same as weekend rates.

     3. WAC 468-270-091 What vehicles are exempt from paying tolls on the SR 520 Bridge?, proposed language amended to clarify the process for obtaining toll exemptions and adding tow trucks as qualified vehicles for toll exemptions.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 1, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 3, Amended 4, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 3, Amended 5, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 3, Amended 5, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 3, Amended 5, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: January 5, 2011.

Reema Griffith

Executive Director

OTS-3779.5

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 regular toll account and the customer initiates payment no later than three days after the toll transaction.

     "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 transponder device used to pay a toll by a customer who has a prepaid toll account.

     "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" see Good To Go!™ Pass.

     "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.

     "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) 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; 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; and

     (8) Tow trucks authorized by Washington state patrol responding to clear blocking vehicles from the toll facility.

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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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