WSR 15-04-135
PROPOSED RULES
TRANSPORTATION COMMISSION
[Filed February 4, 2015, 11:19 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-20-114.
Title of Rule and Other Identifying Information: I-405 express toll lanes rate setting.
Hearing Location(s): Kirkland City Hall, 123 5th Avenue, Kirkland, WA 98033, on March 18, 2015, at 6:30 - 8:30 p.m.
Date of Intended Adoption: March 18, 2015.
Submit Written Comments to: Reema Griffith, P.O. Box 47308, Olympia, WA 9804-7308 [98504-7308], e-mail transc@wstc.wa.gov, fax (360) 705-6802, by March 13, 2015.
Assistance for Persons with Disabilities: Contact Reema Griffith by March 13, 2015.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The commission is required to establish toll rates and exemptions for vehicles using the I-405 express toll lanes that are adequate to cover costs and obligations described in RCW 47.56.850 and 47.56.880. The purpose of the proposed rules is to amend transportation commission administrative codes:
1. Amend WAC 468-270-030 Definitions, to amend definitions to include "express toll lanes."
2. Amend WAC 468-270-040 How are the tolls determined and adjusted?, to amend a new section outlining that a schedule of toll rates will be set, including a minimum rate, a maximum rate, and pay by mail increment for the I-405 express toll lanes.
3. Amend WAC 468-270-050 What toll facilities are currently subject to this chapter?, to amend I-405 express toll lanes to the list of subject facilities.
4. Create WAC 468-270-077 What are the toll rates for the I-405 express toll lanes?, to create a new section that states the minimum and maximum toll rates, pay by mail increment, and provides for periodic review of toll rates by the transportation commission.
5. Amend WAC 468-270-080 When are toll rates in effect?, to amend a definition of how long toll rates will remain in effect for I-405.
6. Amend WAC 468-270-095 What is required to claim a noncarpool exemption on the Tacoma Narrows Bridge, the SR 520 Bridge, or the I-405 express toll lanes?, to amend the title to include I-405.
7. Create WAC 468-270-110 What vehicles are exempt from paying tolls on the I-405 express toll lanes?, to create a new section defining vehicles exempt from paying tolls on the I-405 express toll lanes.
8. Create WAC 468-270-120 How many occupants are required to be considered an eligible carpool for toll exemption on I-405 express toll lanes?, to create a new section defining occupancy requirements by time of day to be considered a carpool.
9. Create WAC 468-270-130 How can I use the I-405 express toll lanes as a toll-free carpool?, to create a new section outlining requirements of a toll-free carpool.
10. Create WAC 468-270-140 How can I use the I-405 express toll lanes as a toll-free motorcycle?, to create a new section outlining requirements of a toll-free motorcycle.
Reasons Supporting Proposal: The transportation commission's proposed toll rates, exemptions, and policies for vehicles using the I-405 express toll lanes.
Statutory Authority for Adoption: Chapter 47.46 RCW.
Statute Being Implemented: RCW 47.56.880.
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: Reema Griffith, Olympia, Washington, (360) 705-7070; Implementation and Enforcement: 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 "businesses in an industry," as described in chapter 19.85 RCW but rather the rules apply to ALL vehicles.
A cost-benefit analysis is not required under RCW 34.05.328. The Washington state transportation commission is not a listed agency under RCW 34.05.328.
February 4, 2015
Reema Griffith
Executive Director
AMENDATORY SECTION (Amending WSR 13-12-006, filed 5/23/13, effective 7/1/13)
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 pays the toll on the Tacoma Narrows Bridge in cash.
"Citizens advisory committee" means the citizens committee established by RCW 47.46.090 that advises the transportation commission on Tacoma Narrows Bridge toll rates.
"Department" means the Washington state department of transportation (WSDOT).
"Express toll lanes" means one or more highway lanes that can be used by authorized high-occupancy vehicles, and by toll-paying vehicles, where toll rates are set to maintain travel speed and reliability.
"Good To Go!™" is the name of the department's 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.
"Short Term Account" 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.
"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 device attached to a toll customer's vehicle that automatically identifies the toll customer's vehicle as it passes through the toll facility.
"Transportation commission (commission)" means the Washington state transportation commission whose duties and composition are set out in chapter 47.01 RCW.
AMENDATORY SECTION (Amending WSR 11-04-007, filed 1/20/11, effective 12/3/11)
WAC 468-270-040 How are the tolls determined and adjusted?
In determining toll amounts, the transportation commission considers data and information provided by the department of transportation, public opinion and advice from any required citizen advisory committee.
(1) Tacoma Narrows Bridge. 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.
(3) I-405 express toll lanes.
(a) The commission must consider a schedule of toll rates that will maintain travel time, speed, and reliability on the corridor as described in RCW 47.56.850 and 47.56.880. The schedule adopted by the commission will allow toll rates to vary in amount by time of day, level of traffic congestion within the highway facility, and other criteria.
(b) The commission must set a minimum and a maximum toll rate, each subject to review on an annual basis or as needed to maintain performance requirements outlined in RCW 47.56.880.
(c) The commission must set an additional fixed amount to be added to the toll rate for vehicles that are not registered for a Good To Go!™ account who pay the Pay By Mail toll rate.
AMENDATORY SECTION (Amending WSR 11-04-007, filed 1/20/11, effective 12/3/11)
WAC 468-270-050 What toll facilities are currently subject to this chapter?
Currently, the Tacoma Narrows Bridge, SR 167 HOT lanes ((and)), SR 520 Bridge, and the I-405 express toll lanes.
NEW SECTION
WAC 468-270-077 What are the toll rates for the I-405 express toll lanes?
When the I-405 express toll lanes are in operation, the Good To Go!™ toll rate schedule shall be a minimum toll rate of $0.75 and a maximum toll rate of $10.00. Good To Go!™ Pass toll rates shall vary in amount by time of day and level of traffic congestion, and will automatically adjust within the established toll schedule using dynamic tolling to ensure average vehicle speeds in the lanes above forty-five miles per hour at least ninety percent of the time.
The commission shall periodically review the Good To Go!™ toll rate schedule against traffic performance outlined in RCW 47.56.880 to determine if the Good To Go!™ toll rates are effectively maintaining travel time, speed, and reliability, and shall adjust the toll rate schedule as needed to maintain performance standards.
The toll rate for a Pay By Mail transaction is equal to the Good To Go!™ Pass toll rate plus $2.00.
AMENDATORY SECTION (Amending WSR 11-04-007, filed 1/20/11, effective 12/3/11)
WAC 468-270-080 When are toll rates in effect?
The toll rates for each facility take effect upon commencement of the tolling program on each new toll facility. Check the WSDOT web site at wsdot.wa.gov/goodtogo for updated information on the opening dates for the tolling programs. Unless otherwise required by law, the collection of tolls on a facility will remain in effect until changed by the commission.
(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.
(4) For the I-405 express toll lanes, the toll rate schedule will remain in effect until changed by the commission.
AMENDATORY SECTION (Amending WSR 11-04-070, filed 1/28/11, effective 12/3/11)
WAC 468-270-095 What is required to claim ((an)) a noncarpool exemption on the Tacoma Narrows Bridge ((and)), the SR 520 Bridge, or the I-405 express toll lanes?
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.
NEW SECTION
WAC 468-270-110 What vehicles are exempt from paying tolls on the I-405 express toll lanes?
Except as provided herein, all vehicles using the I-405 express toll lanes must pay the required toll. Only qualified vehicles may be exempt from paying tolls. The registered owner and operator of the qualified vehicle must comply with the requirements of the department in order to obtain the exemption. The following vehicles shall qualify for exemption:
(1) Transit buses and vanpools as specified in RCW 47.56.880;
(2) Carpools, as defined for the facility in WAC 468-270-120;
(3) Motorcycles;
(4) Washington state patrol vehicles directly providing service to the express toll lane facility;
(5) Department maintenance vehicles directly involved in roadway maintenance on the I-405 express toll lanes, including the department's incident response vehicles responding to incidents and WSDOT tow trucks;
(6) Authorized emergency vehicles on bona fide emergencies; and
(7) Tow trucks authorized by Washington state patrol responding to clear blocking vehicles from the toll facility.
NEW SECTION
WAC 468-270-120 How many occupants are required to be considered an eligible carpool for toll exemption on I-405 express toll lanes?
Between 5 a.m. to 9 a.m. and 3 p.m. to 7 p.m., Monday through Friday, (excluding the days on which holidaysi are observed) you must have three or more occupants in your vehicle to qualify as a toll-free carpool. At all other times, you must have two or more occupants in your vehicle to qualify as a toll-free carpool. Occupancy requirements do not apply to vehicles that are otherwise exempt from tolls pursuant to WAC 468-270-110 or authorized as an HOV vehicle as defined in chapter 468-510 WAC.
i
New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
NEW SECTION
WAC 468-270-130 How can I use the I-405 express toll lanes as a toll-free carpool?
To use the I-405 express toll lanes as a toll-free carpool your vehicle must have:
(1) The required number of occupants as defined in WAC 468-270-120;
(2) A Good To Go!™ toll account in good standing; and
(3) A Good To Go!™ transponder declared in carpool status or other carpool declaration method as defined by the department.
NEW SECTION
WAC 468-270-140 How can I use the I-405 express toll lanes as a toll-free motorcycle?
To use the I-405 express toll lanes as a toll-free motorcycle your vehicle must have:
(1) A Good To Go!™ toll account in good standing; and
(2) A Good To Go!™ motorcycle transponder.