WSR 22-15-116

PROPOSED RULES

TRANSPORTATION COMMISSION

[Filed July 20, 2022, 9:44 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 22-11-071.

Title of Rule and Other Identifying Information: State Route (SR) 16 Tacoma Narrows Bridge (TNB) toll rates, fees, and policies.

Hearing Location(s): On August 23, 2022, at 10-11 a.m., virtual. To attend, please register at https://us02web.zoom.us/webinar/register/WN_4Yec9sn2Q26YlDUsqm1yTAl. The Washington state transportation commission (WSTC) will hold this hearing virtually in an effort to minimize the spread of COVID-19 and protect the safety of the citizens of Washington state. Doing so will enable citizens to attend from any computer using internet access. For more information, please visit 2022 Tacoma Narrows Bridge Rate Reduction - Washington State Transportation Commission.

Date of Intended Adoption: August 23, 2022.

Submit Written Comments to: WSTC, P.O. Box 47308, Olympia, WA 98504-7308, email transc@wsdot.wa.gov, fax 360-705-6802, by August 15, 2022.

Assistance for Persons with Disabilities: Contact Doreen Maasjo, phone 360-705-7070, fax 360-705-6802, TTY 711, connect to 360-705-7070, email transc@wstc.wa.gov, by August 15, 2022.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In 2022, the state legislature provided $130,000,000, as referenced under RCW 47.56.165 (see SSB 5488 for amendments). It is the intent of the legislature that WSTC will adjust tolls on the State Route (SR) 16 TNB accordingly (RCW 47.46.190(4)) in consideration of annual contributions from nontoll sources and the costs required to be covered under RCW 47.46.100. The purpose of this rule is therefore to decrease toll rates for the TNB in an amount which maintains financial sufficiency.

The anticipated effects of this proposal are that toll rates for the TNB will decrease $0.75 for two-axle vehicles, and between $1.15 for three-axle vehicles to $2.25 for six plus axle vehicles, effective October 1, 2022.

Reasons Supporting Proposal: Pursuant to RCW 47.56.165 (SSB 5488 for amendments), RCW 47.46.190 (see SSB 5488 for amendments), and 47.46.100, these rules establish adjusted toll rates for the TNB, reducing the tolls based upon funding provided by the legislature. Additionally, pursuant to RCW 47.46.100(3), WSTC must set toll rates to be sufficient to meet maintenance and operations costs, insurance costs, make repayments to the motor vehicle fund, and make principal and interest payments on the debt.

Statutory Authority for Adoption: RCW 47.56.165, 47.46.190, 47.46.100, 47.56.030.

Statute Being Implemented: RCW 47.46.100, 47.46.190, 47.56.165.

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

Name of Proponent: WSTC, governmental.

Name of Agency Personnel Responsible for Drafting: Carl See, 2404 Chandler Court S.W., Olympia, WA 98504, 360-705-7070; Implementation and Enforcement: Ed Barry, 2901 Third Avenue, Suite 500, Seattle, WA 98121, 206-464-1217.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. Pursuant to RCW 34.05.328 (5)(b)(vi), a cost-benefit analysis is not required, as this is setting or adjusting fees or rates pursuant to legislative standards established in RCW 47.56.850.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rules set or adjust fees under the authority of RCW 19.02.075 or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW 19.80.045.

July 20, 2022

Reema Griffith

Executive Director

OTS-3909.2