WSR 11-04-070

PERMANENT RULES

TRANSPORTATION COMMISSION


[ Filed January 28, 2011, 4:17 p.m., see below ]


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.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The secretary of transportation must certify that the new statewide tolling operations center and photo toll system are fully operational.

Purpose: To adopt proposed amendments to the existing chapter 486-270 WAC, in consideration of public comments and commission review, that will establish toll rates and vehicle exemptions, requirements for vehicle exemptions and allowable use of funds for the Tacoma Narrows Bridge.

Citation of Existing Rules Affected by this Order: Amending WAC 468-270-010, 468-270-070, and 468-270-090.

Statutory Authority for Adoption: RCW 47.46.100 (1) and (2), 47.46.105(1), 47.56.030 (1)(b), 47.56.795(6), 47.56.165(4).

Adopted under notice filed as WSR 11-01-127 on January 25, 2011 [December 20, 2010].

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 2, Amended 3, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 3, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, Amended 3, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 2, Amended 3, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 25, 2011.

Reema Griffith

Executive Director

OTS-3821.1


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

WAC 468-270-010   Who sets the toll rates and exemptions?   The Washington state transportation commission determines and establishes toll rates and exemptions for state toll facilities in Washington ((pursuant to RCW 47.56.030; 47.46.100 (Tacoma Narrows Bridge); and RCW 47.56.403 (SR 167 HOT lanes))).

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


NEW SECTION
WAC 468-270-045   Which Tacoma Narrows Bridge costs may be paid with toll revenues?   Costs that may be paid with toll revenues must directly relate to the Tacoma Narrows Bridge and may include costs related to debt service, operations, maintenance, insurance and management. The commission will review detailed financial information including quarterly reports on toll expenditures as provided by the department to determine the appropriate costs to be paid with toll revenues. Determinations will, at a minimum, be based upon the costs allowed under current law, including RCW 47.46.100, 47.46.110, 47.46.140, 47.56.165, and 47.56.245 which include:

(1) Maintenance, operations, repairs, insurance, and management;

(2) Debt service payments on bonds issued, financing, and costs associated with complying with all financial and other covenants made by the state in the bond proceedings; and

(3) Obligations to reimburse the motor vehicle fund for excise taxes on motor vehicle and special fuels applied to the payment of bonds issued for eligible toll facilities.

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AMENDATORY SECTION(Amending WSR 09-13-038, filed 6/10/09, effective 7/11/09)

WAC 468-270-070   What ((will)) are the toll rates ((be for)) on the Tacoma Narrows Bridge?   The toll charges for the Tacoma Narrows Bridge are shown in Table 1.


((Tacoma Narrows Bridge
Proposed Toll Rates1 for All Vehicles 2

Vehicle Type Axles Cash Electronic3
Passenger vehicle/Motorcycle 2 $4.00 $2.75
Passenger vehicle with small trailer 3 $6.00 $4.15
Tractor trailer rig/Passenger vehicle with trailer 4 $8.00 $5.50
Tractor trailer with big trailer 5 $10.00 $6.90
Tractor trailer with bigger trailer (6 or more axles) 6 $12.00 $8.25))

Note:
1The toll rates are in effect until changed by the commission.
2The base toll rate per axle. It is only used to calculate multi-axle rates, which are calculated as a multiplier of the base toll rate ($2.00 for cash and $1.375 for electronic toll rates).
3The rate for the electronic tolls has been rounded up to the nearest five cents where appropriate.))

Table 1
Tacoma Narrows Bridge Toll Rates

Vehicle Axles Good To Go! Pass Cash Pay By Mail
2 $2.75 $4.00 $5.50
3 $4.15 $6.00 $8.25
4 $5.50 $8.00 $11.00
5 $6.90 $10.00 $13.75
6 or more $8.25 $12.00 $16.50

[Statutory Authority: RCW 47.56.240. 09-13-038, 468-270-070, filed 6/10/09, effective 7/11/09. Statutory Authority: RCW 47.56.030, 47.46.100. 08-12-054, 468-270-070, filed 6/2/08, effective 7/3/08. Statutory Authority: RCW 47.56.403. 08-06-032, 468-270-070, filed 2/26/08, effective 4/7/08. Statutory Authority: RCW 47.56.030, 47.46.100. 07-13-010, 468-270-070, filed 6/8/07, effective 7/9/07.]


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

WAC 468-270-090   What vehicles are exempt from paying tolls on the Tacoma Narrows Bridge?   Except as provided herein, all vehicles crossing the Tacoma Narrows Bridge in an eastbound direction must pay the required toll. ((All vehicles that use the ETC lanes on the Tacoma Narrows Bridge must have a transponder and a valid "Good To Go!" account. Emergency vehicles not equipped with transponders must pay cash as a cash customer.)) Only qualified vehicles may be exempted from paying tolls. The registered owner and operator of the qualified vehicle must comply with the requirements of the department in order to maintain the exemption. The following vehicles shall qualify for exemptions:

(1) ((Only the following vehicles providing service directly to the Tacoma Narrows Bridge are exempt from paying tolls, but must be equipped with transponders:

(a) Washington state department of transportation (WSDOT))) Department maintenance vehicles directly involved in bridge and roadway maintenance on the Tacoma Narrows Bridge;

(((b))) (2) Washington state patrol vehicles directly providing service to the SR 16 corridor in the vicinity of the Tacoma Narrows Bridge; (((c) Vehicles under the Tacoma Narrows Bridge design build contract that must cross the bridge as part of their construction duties to complete the requirements of the design build contract. This exemption status will expire on July 1, 2008, or upon completion of their construction duties, whichever comes first.

(2))) and

(3) Authorized emergency vehicles on bona fide emergencies ((as defined herein may apply for credit for their emergency trips and for the return trip from an emergency call.

(a) To be eligible for a credit, an authorized emergency vehicle must be equipped with a transponder and have an authorized prepaid account.

(b) Emergency vehicles that use the ETC lanes on a bona fide emergency may apply for a 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)).

[Statutory Authority: RCW 47.56.030, 47.46.100. 07-13-010, 468-270-090, filed 6/8/07, effective 7/9/07.]


NEW SECTION
WAC 468-270-095   What is required to claim an exemption on the Tacoma Narrows Bridge and the SR 520 Bridge?   Unless otherwise provided in this chapter and described in chapter 468-305 WAC, in order to receive the exemption and to maintain eligibility for toll exemptions, the department may require that the registered owner of the qualified vehicle or an authorized representative of the owner:

(1) Open and maintain in good standing a "Good To Go!" toll account;

(2) Equip the vehicle with a pass;

(3) Equip the vehicle with identification signage; and/or

(4) Submit a certification that the vehicle meets the exemption requirements.

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Washington State Code Reviser's Office