WSR 13-07-080

PROPOSED RULES

TRANSPORTATION COMMISSION


[ Filed March 20, 2013, 10:51 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 13-03-123.

     Title of Rule and Other Identifying Information: Tacoma Narrows Bridge (TNB) toll rate and policy setting.

     Hearing Location(s): Gig Harbor Civic Center, 3510 Grandview Street, Gig Harbor, WA, on May 20, 2013, at 6:00 p.m.

     Date of Intended Adoption: May 20, 2013.

     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 May 13, 2013.

     Assistance for Persons with Disabilities: Contact Reema Griffith by May 13, 2013, at (360) 705-6802.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The commission is required to establish toll rates and fees for the TNB that are adequate to cover debt, operations, insurance and maintenance costs. The purpose of the proposed rules is to amend WAC 468-270-070 establishing new toll rates on the TNB and WAC 468-270-030 and 468-270-300 renaming "Customer Initiated Payment" as "Short Term Account."

     Reasons Supporting Proposal: State statute requires rates be sufficient to meet maintenance and operational costs, insurance costs, and make principal and interest payments on the debt. In order to meet the requirements in state law, TNB toll rates need to be adjusted.

     Statutory Authority for Adoption: Chapter 47.46 RCW and RCW 47.56.165.

     Statute Being Implemented: RCW 47.46.100.

     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. 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 TNB.

     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.

March 20, 2013

Reema Griffith

Executive Director

OTS-5354.1


AMENDATORY SECTION(Amending WSR 11-04-007, filed 1/20/11, effective 12/3/11)

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.

     (("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).

     "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" means the Washington state transportation commission whose duties and composition are set out in chapter 47.01 RCW.

[Statutory Authority: RCW 47.56.870, 47.56.785, 47.56.795, 47.56.830, and 47.56.850. 11-04-007, § 468-270-030, filed 1/20/11, effective 12/3/11 at 12:00 a.m. per WSR 11-24-042. Statutory Authority: RCW 47.56.030, 47.46.100. 07-13-010, § 468-270-030, filed 6/8/07, effective 7/9/07.]


AMENDATORY SECTION(Amending WSR 12-12-036, filed 5/30/12, effective 7/1/12)

WAC 468-270-070   What are the toll rates on the Tacoma Narrows Bridge?   Subject to the legislature's redelegation of authority, the toll charges for the Tacoma Narrows Bridge are shown in Tables 1 and 2.


Table 1, Effective July 1, 2013

Tacoma Narrows Bridge Toll Rates


Vehicle Axles Good to Go!™ Pass1 Cash1 Pay By Mail1 Pay by Plate((1)) 2 ((Customer-Initiated Payment2)) Short Term Account3
2 $((4.00)) 4.25 $((5.00)) 5.25 $((6.00)) 6.25 $((4.25)) 4.50 $((5.50))

5.75
3 $((6.00)) 6.40 $((7.50)) 7.90 $((9.00)) 9.40 $((6.25)) 6.65 $((8.50))

8.90
4 $((8.00)) 8.50 $((10.00)) 10.50 $((12.00)) 12.50 $((8.25)) 8.75 $((11.50)) 12.00
5 $((10.00)) 10.65 $((12.50)) 13.15 $((15.00)) 15.65 $((10.25)) 10.90 $((14.50)) 15.15
6 $((12.00)) 12.75 $((15.00)) 15.75 $((18.00)) 18.75 $((12.25)) 13.00 $((17.50)) 18.25

Notes: 1The rate has been rounded to the nearest five cents, as needed.
2For this type of payment method, the customer is charged the Good to Go!™ Pass toll rate plus a $0.25 fee as provided in WAC 468-270-300.
((2)) 3For this type of payment method, the customer is given a $0.50 discount off the Pay By Mail toll rate as provided in WAC 468-270-300.

Table 2, Effective July 1, 2014

Tacoma Narrows Bridge Toll Rates


Vehicle Axles Good to Go!™ Pass1 Cash1 Pay By Mail1 Pay by Plate2 Short Term Account3
2 $4.50 $5.50 $6.50 $4.75 $6.00
3 $6.75 $8.25 $9.75 $7.00 $9.25
4 $9.00 $11.00 $13.00 $9.25 $12.50
5 $11.25 $13.75 $16.25 $11.50 $15.75
6 $13.50 $16.50 $19.50 $13.75 $19.00

Notes: 1The rate has been rounded to the nearest five cents, as needed.
2For this type of payment method, the customer is charged the Good to Go!™ Pass toll rate plus a $0.25 fee as provided in WAC 468-270-300.
3For this type of payment method, the customer is given a $0.50 discount off the Pay By Mail toll rate as provided in WAC 468-270-300.

[Statutory Authority: Chapter 47.46 RCW and RCW 47.56.165. 12-12-036, § 468-270-070, filed 5/30/12, effective 7/1/12. Statutory Authority: RCW 47.46.100 (1) and (2), 47.46.105(1), 47.56.030 (1)(b), 47.56.795(6), and 47.56.165(4). 11-04-070, § 468-270-070, filed 1/28/11, effective 12/3/11. 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 11-04-007, filed 1/20/11, effective 12/3/11)

WAC 468-270-300   What other fees and discounts may apply to toll customers?   The commission is authorized to adopt rules to assess administrative fees as appropriate for toll collection processes. Additionally, a toll customer may be required to pay fees set forth by state law for attempts to collect funds due to a state agency. The following table lists and explains the types and amount of administrative fees that a toll customer may be required to pay.


Table ((7)) 8

Customer Fees and Discounts



Fee and Discount Type When is the administrative fee      charged? What is the fee amount?
Paper Statements and Reprinting Fee Upon each mailing of a paper statement at the account holder's request. $0.50 per page (with a minimum fee of $1.50)
Inactive Account Fee After 24 months of no transactions on the account, this one-time fee will be assessed. $5.00
Reprocessing Fee This fee will be assessed when the department sends a reminder notice of unpaid tolls. The reminder notice to pay may be a summary or itemization of amounts owed and included as part of a toll bill or in any other correspondence to collect tolls. $5.00 per reminder notice to pay unpaid tolls
Pay By Plate Fee A customer who establishes a prepaid toll account but passes through a toll facility without a pass will be assessed this fee in addition to the Good To Go!™ Pass toll rate. $0.25 per transaction
((Customer-Initiated Payment)) Short Term Account A customer will receive a discount off the Pay By Mail toll rate, if the customer pays for the transaction not later than 72 hours after driving on the toll facility. $0.50 per transaction credit off the Pay By Mail toll rate

[Statutory Authority: RCW 47.56.870, 47.56.785, 47.56.795, 47.56.830, and 47.56.850. 11-04-007, § 468-270-300, filed 1/20/11, effective 12/3/11 at 12:00 a.m. per WSR 11-24-042.]