SHB 2326 -
By Representative Clibborn
NOT CONSIDERED 04/26/2009
On page 1, line 9, after "Washington" insert "first payable from toll revenue and excise taxes on motor vehicle and special fuels in accordance with section 5 of this act"
On page 3, line 34, after "bonds." insert "Any excise taxes on motor vehicle and special fuels required for bond retirement or interest on the bonds authorized by this section and sections 1, 5, and 7 of this act shall be reimbursed to the motor vehicle fund from toll revenue in the manner and with the priority specified in the bond proceedings."
On page 4, beginning on line 6, strike all of section 8 and insert the following:
"Sec. 8 RCW 47.56.850 and 2008 c 122 s 7 are each amended to read
as follows:
(1) Unless these powers are otherwise delegated by the legislature,
the transportation commission is the tolling authority for the state.
The tolling authority shall:
(a) Set toll rates, establish appropriate exemptions, if any, and
make adjustments as conditions warrant on eligible toll facilities;
(b) Review toll collection policies, toll operations policies, and
toll revenue expenditures on the eligible toll facilities and report
annually on this review to the legislature.
(2) The tolling authority, in determining toll rates, shall
consider the policy guidelines established in RCW 47.56.830.
(3) Unless otherwise directed by the legislature, in setting and
periodically adjusting toll rates, the tolling authority must ensure
that toll rates will generate revenue sufficient to:
(a) Meet the operating costs of the eligible toll facilities,
including necessary maintenance, preservation, renewal, replacement,
administration, and toll enforcement by public law enforcement;
(b) Meet obligations for the ((repayment)) timely payment of debt
((and interest on the)) service on bonds issued for eligible toll
facilities, and any other associated financing costs including, but not
limited to, required reserves, minimum debt coverage or other
appropriate contingency funding, ((and)) insurance, and compliance with
all other financial and other covenants made by the state in the bond
proceedings; ((and))
(c) Meet obligations to reimburse the motor vehicle fund for excise
taxes on motor vehicle and special fuels applied to the payment of
bonds issued for eligible toll facilities; and
(d) Meet any other obligations of the tolling authority to provide
its proportionate share of funding contributions for any projects or
operations of the eligible toll facilities.
(4) The established toll rates may include variable pricing, and
should be set to optimize system performance, recognizing necessary
trade-offs to generate revenue for the purposes specified in subsection
(3) of this section. Tolls may vary for type of vehicle, time of day,
traffic conditions, or other factors designed to improve performance of
the system.
(5) In fixing and adjusting toll rates under this section, the only
toll revenue to be taken into account must be toll revenue pledged to
bonds that includes toll receipts, and the only debt service
requirements to be taken into account must be debt service on bonds
payable from and secured by toll revenue that includes toll receipts.
(6) The legislature pledges to appropriate toll revenue as
necessary to carry out the purposes of this section. When the
legislature has specifically identified and designated an eligible toll
facility and authorized the issuance of bonds for the financing of the
eligible toll facility that are payable from and secured by a pledge of
toll revenue, the legislature further agrees for the benefit of the
owners of outstanding bonds issued by the state for eligible toll
facilities to continue in effect and not to impair or withdraw the
authorization of the tolling authority to fix and adjust tolls as
provided in this section. The state finance committee shall pledge the
state's obligation to impose and maintain tolls, together with the
application of toll revenue as described in this section, to the owners
of any bonds."
On page 6, line 33, after "through" insert "7 and 9 through"
Correct the title.
EFFECT: (1) Requires that in the event that motor vehicle fuel or
special fuel excise taxes are used to make payments on bonds issued
pursuant to this act, toll revenues will be used to reimburse these
amounts as required by the bond contract.
(2) Clarifies the legislature's obligation to appropriate the toll
revenue necessary to meet the operating costs and debt service on bonds
issued for eligible toll facilities.
(3) Provides a pledge on the part of the legislature to not impair
or withdraw the authorization of the tolling authority to fix and
adjust tolls as necessary to meet the tolling authority's statutory
obligations.