WSR 16-09-082 PROPOSED RULES TRANSPORTATION COMMISSION [Filed April 19, 2016, 8:24 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-06-020.
Title of Rule and Other Identifying Information: I-405 express toll lane tolling policies.
Hearing Location(s): WSDOT Headquarters Building, Nisqually Conference Room, 310 Maple Park Avenue S.E., Olympia, WA 98501, on July 19, 2016, at 1:00 p.m.
Date of Intended Adoption: July 19, 2016.
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 July 12, 2016.
Assistance for Persons with Disabilities: Contact Reema Griffith by July 12, 2016, at (360) 705-7070.
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 468-270-077 What are the toll rates for the I-405 express toll lanes?, reflects the revised hours when tolling is in effect and procedure for when dynamic toll rates cannot be displayed due to a power outage, etc.
2. Create WAC 468-270-078 What are the hours that tolling will be in effect on the I-405 express toll lanes?, reduces the hours when tolling is in effect to weekdays only, 5 a.m. to 7 p.m., excluding six major federal holidays.
3. Amend WAC 468-270-110 What vehicles are exempt from paying tolls on the I-405 express toll lanes?, reflects the revised hours when tolling is in effect.
4. Amend WAC 468-270-120 How many occupants are required to be considered an eligible carpool for toll exemption on I-405 express toll lanes?, reflects the revised hours when tolling is in effect.
Reasons Supporting Proposal: The transportation commission's proposed revised hours when tolling is in effect for vehicles using the I-405 express toll lanes.
Statutory Authority for Adoption: RCW 47.56.850.
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: Patty Rubstello, Seattle, Washington, (206) 464-1299.
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), but rather the rules apply to vehicles using the I-405 express toll lanes.
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.
April 19, 2016
Reema Griffith
Executive Director
AMENDATORY SECTION (Amending WSR 15-08-038, filed 3/25/15, effective 4/25/15)
WAC 468-270-077 What are the toll rates for the I-405 express toll lanes?
When tolling is in effect on 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 during peak hours. In the event there is a disruption in the ability to set tolls dynamically, the department may, on a temporary basis, adjust toll rates by time of day and level of traffic congestion within the range set forth in this section.
The commission shall periodically review the Good To Go!™ toll rate schedule against traffic performance of all lanes in the I-405 express toll lanes corridor, as outlined in RCW 47.56.880 to determine if the Good To Go!™ toll rates are effectively maintaining travel time, speed, and reliability((, and)) for all lanes. Based on this review, the commission 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.
NEW SECTION
WAC 468-270-078 What are the hours that tolling will be in effect on the I-405 express toll lanes?
Tolling will be in effect on the I-405 express toll lanes weekdays, Monday through Friday, from 5:00 a.m. to 7:00 p.m. (excluding the weekdays on which holidaysi are observed).
When tolling is not in effect on the I-405 express toll lanes, including on weekends and holidaysi, the lanes are open to all vehicles regardless of occupancy, and a transponder is not needed to travel toll-free.
AMENDATORY SECTION (Amending WSR 15-08-038, filed 3/25/15, effective 4/25/15)
WAC 468-270-110 What vehicles are exempt from paying tolls on the I-405 express toll lanes?
((Except)) When tolling is in effect on the I-405 express toll lanes, 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.
AMENDATORY SECTION (Amending WSR 15-08-038, filed 3/25/15, effective 4/25/15)
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)) weekdays 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 when tolling is in effect on the I-405 express toll lanes, 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.
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