WSR 18-17-164
PROPOSED RULES
TRANSPORTATION COMMISSION
[Filed August 21, 2018, 3:13 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-06-073.
Title of Rule and Other Identifying Information: For purposes of setting State Route 99 Tunnel toll rates, fees, and policies, amending chapter 468-270 WAC, Setting toll amounts for toll facilities in Washington state.
Hearing Location(s): On October 16, 2018, at 11:00 a.m., at the Washington State Department of Transportation Headquarters Building, Nisqually Conference Room, 310 Maple Park Avenue S.E., Olympia, WA 98501.
Date of Intended Adoption: October 16, 2018.
Submit Written Comments to: Transportation Commission, P.O. Box 47308, Olympia, WA 98504-7308, email transc@wsdot.wa.gov, fax 360-705-6802, by October 11, 2018.
Assistance for Persons with Disabilities: Contact Cece Zenker, phone 360-705-7070, fax 360-705-6802, email zenkerc@wstc.wa.gov, by October 11, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Per RCW
47.56.862 State route number 99, deep bore tunnel—Tolls authorized—Eligible toll facility—Toll revenue—Toll rate schedule, the tolling authority (commission) shall set a variable schedule of toll rates to maintain travel time, speed, and reliability on the SR 99 Tunnel, and to generate the necessary revenue sufficient to meet the redemption of bonds, to meet the obligations of the tolling authority under RCW
47.56.850, and interest payments on bonds and for those costs that are eligible under RCW
47.56.820. Therefore, in order to meet these requirements in state law, the commission will establish SR 99 Tunnel toll rates, fees and policies.
Reasons Supporting Proposal: The commission is proposing a variable schedule of toll rates for the SR 99 Tunnel that ensures funding requirements are met, supports reliable travel times and speed on the facility, and that minimizes traffic impacts on the downtown Seattle street network. The gradual toll rate escalation plan supports lower toll rates initially as other construction limits capacity on the downtown Seattle street network, and provides for steady net revenues as tunnel costs are repaid. In addition, exemptions for the SR 99 Tunnel shall be the same as non-HOV exemptions for the state's other tolled facilities, providing for a more consistent customer experience, and support for a safe and reliable facility.
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: Carl See, 2404 Chandler Court S.W., Olympia, WA 98504, 360-705-7070; Implementation and Enforcement: Reema Griffith, 2404 Chandler Court S.W., Olympia, WA 98504, 360-705-7070.
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. Not required per subsection (5)(b)(vi), as 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.
August 21, 2018
Reema Griffith
Executive Director
AMENDATORY SECTION(Amending WSR 16-11-091, filed 5/18/16, effective 7/1/16)
WAC 468-270-040How 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. 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.
(3) SR 99 Tunnel.
(a) The commission must consider toll rates that will help maintain travel time, speed, and reliability on the tunnel 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) Effective July 1, 2022, and every three years thereafter, subject to review and potential adjustment by the commission, toll rates shall be set as follows:
(i) All two-axle Good To Go!™ toll rates shall increase by three percent, rounded to the nearest five cent interval.
(ii) All two-axle Pay By Mail toll rates shall be set to two dollars more than the revised two-axle Good To Go!™ toll rates.
(iii) All multi-axle Good To Go!™ and Pay By Mail toll rates shall be set equal to one-half the revised two-axle rates, multiplied by the number of axles up to a maximum of six axles, and rounded to the nearest five cent interval.
(4) 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 15-08-038, filed 3/25/15, effective 4/25/15)
WAC 468-270-050What toll facilities are currently subject to this chapter?
Currently, the Tacoma Narrows Bridge, SR 167 HOT lanes, SR 520 Bridge, the SR 99 Tunnel, and the I-405 express toll lanes.
NEW SECTION
WAC 468-270-073What are the toll rates on the SR 99 Tunnel?
(1) Tables 7 through 11 show the applicable toll rates by vehicle axles, day and time of travel, and method of payment.
(2) Effective July 1, 2022, and every three years thereafter, subject to review and potential adjustment by the commission, toll rates shall be increased as described in WAC 468-270-040 (3)(b).
TABLE 7
SR 99 TUNNEL
TWO-AXLE VEHICLE TOLL RATES
| | | | | | |
Mondays through Fridays | Good To Go!™ Pass1 | Pay By Mail1 | Good To Go!™ Pay By Plate2 |
Midnight to 6 a.m. | $1.00 | | $3.00 | | $1.25 | |
6 a.m. to 7 a.m. | $1.25 | | $3.25 | | $1.50 | |
7 a.m. to 9 a.m. | $1.50 | | $3.50 | | $1.75 | |
9 a.m. to 3 p.m. | $1.25 | | $3.25 | | $1.50 | |
3 p.m. to 6 p.m. | $2.25 | | $4.25 | | $2.50 | |
6 p.m. to 11 p.m. | $1.25 | | $3.25 | | $1.50 | |
11 p.m. to midnight | $1.00 | | $3.00 | | $1.25 | |
| | | | | | |
Saturdays and Sundays3 | Good To Go!™ Pass1 | Pay By Mail1 | Good To Go!™ Pay By Plate2 |
Midnight to Midnight | $1.00 | | $3.00 | | $1.25 | |
| |
Notes: | 1The rate for electronic tolls 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. |
| 3The weekend rates will be assessed on the days on which holidays are observed: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. |
TABLE 8
SR 99 TUNNEL
THREE-AXLE VEHICLE TOLL RATES
| | | | | | |
Mondays through Fridays | Good To Go!™ Pass1 | Pay By Mail1 | Good To Go!™ Pay By Plate2 |
Midnight to 6 a.m. | $1.50 | | $4.50 | | $1.75 | |
6 a.m. to 7 a.m. | $1.90 | | $4.90 | | $2.15 | |
7 a.m. to 9 a.m. | $2.25 | | $5.25 | | $2.50 | |
9 a.m. to 3 p.m. | $1.90 | | $4.90 | | $2.15 | |
3 p.m. to 6 p.m. | $3.40 | | $6.40 | | $3.65 | |
6 p.m. to 11 p.m. | $1.90 | | $4.90 | | $2.15 | |
11 p.m. to midnight | $1.50 | | $4.50 | | $1.75 | |
| | | | | | |
Saturdays and Sundays3 | Good To Go!™ Pass1 | Pay By Mail1 | Good To Go!™ Pay By Plate2 |
Midnight to Midnight | $1.50 | | $4.50 | | $1.75 | |
| |
Notes: | 1The rate for electronic tolls 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. |
| 3The weekend rates will be assessed on the days on which holidays are observed: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. |
TABLE 9
SR 99 TUNNEL
FOUR-AXLE VEHICLE TOLL RATES
| | | | | | |
Mondays through Fridays | Good To Go!™ Pass1 | Pay By Mail1 | Good To Go!™ Pay By Plate2 |
Midnight to 6 a.m. | $2.00 | | $6.00 | | $2.25 | |
6 a.m. to 7 a.m. | $2.50 | | $6.50 | | $2.75 | |
7 a.m. to 9 a.m. | $3.00 | | $7.00 | | $3.25 | |
9 a.m. to 3 p.m. | $2.50 | | $6.50 | | $2.75 | |
3 p.m. to 6 p.m. | $4.50 | | $8.50 | | $4.75 | |
6 p.m. to 11 p.m. | $2.50 | | $6.50 | | $2.75 | |
11 p.m. to midnight | $2.00 | | $6.00 | | $2.25 | |
| | | | | | |
Saturdays and Sundays3 | Good To Go!™ Pass1 | Pay By Mail1 | Good To Go!™ Pay By Plate2 |
Midnight to Midnight | $2.00 | | $6.00 | | $2.25 | |
| |
Notes: | 1The rate for electronic tolls 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. |
| 3The weekend rates will be assessed on the days on which holidays are observed: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. |
TABLE 10
SR 99 TUNNEL
FIVE-AXLE VEHICLE TOLL RATES
| | | | | | |
Mondays through Fridays | Good To Go!™ Pass1 | Pay By Mail1 | Good To Go!™ Pay By Plate2 |
Midnight to 6 a.m. | $2.50 | | $7.50 | | $2.75 | |
6 a.m. to 7 a.m. | $3.15 | | $8.15 | | $3.40 | |
7 a.m. to 9 a.m. | $3.75 | | $8.75 | | $4.00 | |
9 a.m. to 3 p.m. | $3.15 | | $8.15 | | $3.40 | |
3 p.m. to 6 p.m. | $5.65 | | $10.65 | | $5.90 | |
6 p.m. to 11 p.m. | $3.15 | | $8.15 | | $3.40 | |
11 p.m. to midnight | $2.50 | | $7.50 | | $2.75 | |
| | | | | | |
Saturdays and Sundays3 | Good To Go!™ Pass1 | Pay By Mail1 | Good To Go!™ Pay By Plate2 |
Midnight to Midnight | $2.50 | | $7.50 | | $2.75 | |
| |
Notes: | 1The rate for electronic tolls 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. |
| 3The weekend rates will be assessed on the days on which holidays are observed: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. |
TABLE 11
SR 99 TUNNEL
SIX-AXLE VEHICLE TOLL RATES
| | | | | | |
Mondays through Fridays | Good To Go!™ Pass1 | Pay By Mail1 | Good To Go!™ Pay By Plate2 |
Midnight to 6 a.m. | $3.00 | | $9.00 | | $3.25 | |
6 a.m. to 7 a.m. | $3.75 | | $9.75 | | $4.00 | |
7 a.m. to 9 a.m. | $4.50 | | $10.50 | | $4.75 | |
9 a.m. to 3 p.m. | $3.75 | | $9.75 | | $4.00 | |
3 p.m. to 6 p.m. | $6.75 | | $12.75 | | $7.00 | |
6 p.m. to 11 p.m. | $3.75 | | $9.75 | | $4.00 | |
11 p.m. to midnight | $3.00 | | $9.00 | | $3.25 | |
| | | | | | |
Saturdays and Sundays3 | Good To Go!™ Pass1 | Pay By Mail1 | Good To Go!™ Pay By Plate2 |
Midnight to Midnight | $3.00 | | $9.00 | | $3.25 | |
| |
Notes: | 1The rate for electronic tolls 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. |
| 3The weekend rates will be assessed on the days on which holidays are observed: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. |
AMENDATORY SECTION(Amending WSR 15-08-038, filed 3/25/15, effective 4/25/15)
WAC 468-270-080When 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.
(5) For the SR 99 Tunnel, the toll rate schedule will remain in effect until changed by the commission.