INITIATIVE MEASURE NO. 1125 Filed January 20, 2011

PROTECT GAS-TAXES AND TOLL-REVENUES ACT

PROTECT THE 18

AMENDMENT TO WASHINGTON’S CONSTITITUTION

AN ACT Relating to transportation; amending RCW 47.56.030,

47.56.810, 47.56.820, 47.56.830, and 47.56.790; adding new sections

to chapter 46.68; and creating new sections.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON:

POLICIES AND PURPOSES

NEW SECTION. Sec. 1. The 18

Amendment to the Washington

Constitution protects gas taxes and toll revenues. But politicians

and special interest groups have been working for years to sidestep

the 18

Amendment’s protections and divert those revenues to non-

transportation purposes. This measure protects our gas taxes and

toll revenues from a legislative raid by giving voters the chance to

reaffirm their support for the 18

Amendment to the Washington

Constitution. This measure would:

(1) Prohibit state government from diverting gas taxes and toll

revenues in the motor vehicle fund or other funds to the general

fund or other funds and used for non-transportation purposes;

(2) Prohibit state government from transferring or using gas-

tax-funded or toll-revenue-funded lanes on state highways for non-

highway purposes; and

(3) Require tolls to be dedicated to the project they’re paying

for, ending such tolls when the project is completed, and only

allowing tolls to be used for purposes consistent with the 18th

Amendment to the Washington Constitution. Tolls on a project must

be spent on that project and may not be diverted and spent on other

things (allowing tolls to be imposed on anyone and spent on anything

stops them from being tolls and makes them into de facto taxes).

GAS TAXES AND TOLL REVENUES CANNOT BE DIVERTED TO THE GENERAL FUND

OR OTHER FUNDS AND USED FOR NON-TRANSPORTATION PURPOSES

NEW SECTION. Sec. 2. State government, the department of

transportation, and other agencies may not transfer revenues in the

motor vehicle fund or any toll fund to the general fund or other

funds and used for non-transportation purposes.

GAS-TAX-FUNDED OR TOLL-REVENUE-FUNDED LANES ON STATE HIGHWAYS CANNOT

BE TRANSFERRED OR USED FOR NON-HIGHWAY PURPOSES

NEW SECTION. Sec. 3. State government, the department of

transportation, and other agencies may not transfer or use gas-tax-

funded or toll-funded lanes on state highways for non-highway

purposes.

TOLLS ON A PROJECT MUST BE DEDICATED TO THAT PROJECT, ENDED WHEN

THE PROJECT IS COMPLETED, AND USED ONLY FOR PURPOSES CONSISTENT

WITH THE 18

AMENDMENT TO THE WASHINGTON CONSTITUTION

Sec. 4. RCW 47.56.030 and 2008 c 122 s 8 are each amended to

read as follows:

(1) Except as permitted under chapter 47.29 or 47.46 RCW:

(a) Unless otherwise delegated, and subject to RCW 47.56.820,

the department of transportation shall have full charge of the

planning, analysis, and construction of all toll bridges and other

toll facilities including the Washington state ferries, and the

operation and maintenance thereof.

(b) The ((transportation commission)) legislature, subject to

the requirements of RCW 43.135.055 as amended by Initiative Measure

No. 1053, shall determine and establish the tolls and charges

thereon. Except for Washington state ferries toll facilities,

revenue from tolls or charges on a highway, freeway, road, bridge,

or street may only be used for the cost of construction and capital

improvements to that particular highway, freeway, road, bridge, or

street and all revenues from such tolls may only be used for

purposes consistent with the eighteenth amendment to the Washington

Constitution.

the department shall have full charge of planning, analysis, and

design of all toll facilities. The department may conduct the

planning, analysis, and design of toll facilities as necessary to

support the legislature's consideration of tolls ((authorization)).

(d) The department shall utilize and administer toll collection

systems that are simple, unified, and interoperable. To the extent

practicable, the department shall avoid the use of toll booths. The

department shall set the statewide standards and protocols for all

toll facilities within the state, including those authorized by

local authorities.

(e) Except as provided in this section, the department shall

proceed with the construction of such toll bridges and other

facilities and the approaches thereto by contract in the manner of

state highway construction immediately upon there being made

available funds for such work and shall prosecute such work to

completion as rapidly as practicable. The department is authorized

to negotiate contracts for any amount without bid under (e)(i) and

(ii) of this subsection:

(i) Emergency contracts, in order to make repairs to ferries or

ferry terminal facilities or removal of such facilities whenever

continued use of ferries or ferry terminal facilities constitutes a

real or immediate danger to the traveling public or precludes

prudent use of such ferries or facilities; and

(ii) Single source contracts for vessel dry dockings, when

there is clearly and legitimately only one available bidder to

conduct dry dock-related work for a specific class or classes of

vessels. The contracts may be entered into for a single vessel dry

docking or for multiple vessel dry dockings for a period not to

exceed two years.

(2) The department shall proceed with the procurement of

materials, supplies, services, and equipment needed for the support,

maintenance, and use of a ferry, ferry terminal, or other facility

operated by Washington state ferries, in accordance with chapter

43.19 RCW except as follows:

(a) When the secretary of the department of transportation

determines in writing that the use of invitation for bid is either

not practicable or not advantageous to the state and it may be

necessary to make competitive evaluations, including technical or

performance evaluations among acceptable proposals to complete the

contract award, a contract may be entered into by use of a

competitive sealed proposals method, and a formal request for

proposals solicitation. Such formal request for proposals

solicitation shall include a functional description of the needs and

requirements of the state and the significant factors.

(b) When purchases are made through a formal request for

proposals solicitation the contract shall be awarded to the

responsible proposer whose competitive sealed proposal is determined

in writing to be the most advantageous to the state taking into

consideration price and other evaluation factors set forth in the

request for proposals. No significant factors may be used in

evaluating a proposal that are not specified in the request for

proposals. Factors that may be considered in evaluating proposals

include but are not limited to: Price; maintainability; reliability;

commonality; performance levels; life cycle cost if applicable under

this section; cost of transportation or delivery; delivery schedule

offered; installation cost; cost of spare parts; availability of

parts and service offered; and the following:

(i) The ability, capacity, and skill of the proposer to perform

the contract or provide the service required;

(ii) The character, integrity, reputation, judgment,

experience, and efficiency of the proposer;

(iii) Whether the proposer can perform the contract within the

time specified;

(iv) The quality of performance of previous contracts or

services;

(v) The previous and existing compliance by the proposer with

laws relating to the contract or services;

(vi) Objective, measurable criteria defined in the request for

proposal. These criteria may include but are not limited to items

such as discounts, delivery costs, maintenance services costs,

installation costs, and transportation costs; and

(vii) Such other information as may be secured having a bearing

on the decision to award the contract.

process, proposals received shall be evaluated based on the

evaluation factors set forth in the request for proposal. When

issuing a request for proposal for the procurement of propulsion

equipment or systems that include an engine, the request for

proposal must specify the use of a life cycle cost analysis that

includes an evaluation of fuel efficiency. When a life cycle cost

analysis is used, the life cycle cost of a proposal shall be given

at least the same relative importance as the initial price element

specified in the request of proposal documents. The department may

reject any and all proposals received. If the proposals are not

rejected, the award shall be made to the proposer whose proposal is

most advantageous to the department, considering price and the other

evaluation factors set forth in the request for proposal.

Sec. 5. RCW 47.56.810 and 2008 c 122 s 3 are each amended to

read as follows:

The definitions in this section apply throughout this

subchapter unless the context clearly requires otherwise:

(1) "Tolling authority" means the governing body that is

legally empowered to review and adjust toll rates. ((Unless

otherwise delegated, the transportation commission)) As required by

RCW 43.135.055 as amended by Initiative Measure No. 1053, the

legislature is the tolling authority for all state highways.

(2) "Eligible toll facility" or "eligible toll facilities"

means portions of the state highway system specifically identified

by the legislature including, but not limited to, transportation

corridors, bridges, crossings, interchanges, on-ramps, off-ramps,

approaches, bistate facilities, and interconnections between

highways.

(3) "Toll revenue" or "revenue from an eligible toll facility"

means toll receipts, all interest income derived from the investment

of toll receipts, and any gifts, grants, or other funds received for

the benefit of the eligible toll facility that may only be used for

purposes consistent with the eighteenth amendment to the Washington

Constitution.

Sec. 6. RCW 47.56.820 and 2008 c 122 s 4 are each amended to

read as follows:

(1) ((Unless otherwise delegated)) As required by RCW

43.135.055 as amended by Initiative Measure No. 1053, only the

legislature may authorize the imposition of tolls on eligible toll

facilities.

(2) All revenue from an eligible toll facility must be used

only to construct, improve, preserve, maintain, manage, or operate

the eligible toll facility on or in which the revenue is collected

subject to the limitations in RCW 47.56.830. Expenditures of toll

revenues are subject to appropriation and must be made only for the

following purposes as long as the expenditure is consistent with the

eighteenth amendment to the Washington Constitution:

(a) To cover the operating costs of the eligible toll facility,

including necessary maintenance, preservation, administration, and

toll enforcement by public law enforcement within the boundaries of

the facility;

(b) To meet obligations for the repayment of debt and interest

on the eligible toll facilities, and any other associated financing

costs including, but not limited to, required reserves and

insurance;

contributions for any projects or operations on the eligible toll

facilities;

(d) To provide for the operations of conveyances of people or

goods; or

(e) For any other improvements to the eligible toll facilities.

Sec. 7. RCW 47.56.830 and 2008 c 122 s 5 are each amended to

read as follows:

Any proposal for the establishment of eligible toll facilities

shall consider the following policy guidelines:

(1) Overall direction. Washington should use tolling to

encourage effective use of the transportation system and provide a

source of transportation funding.

(2) When to use tolling. Tolling should be used when it can be

demonstrated to contribute a significant portion of the cost of a

project that cannot be funded solely with existing sources or

optimize the performance of the transportation system. Such tolling

should, in all cases, be fairly and equitably applied in the context

of the statewide transportation system and not have significant

adverse impacts through the diversion of traffic to other routes

that cannot otherwise be reasonably mitigated. Such tolling should

also consider relevant social equity, environmental, and economic

issues, and should be directed at making progress toward the state's

greenhouse gas reduction goals.

(3) Use of toll revenue. All revenue from an eligible toll

facility must be used only to improve, preserve, manage, or operate

the eligible toll facility on or in which the revenue is collected

as long as the revenues are spent on purposes consistent with the

eighteenth amendment to the Washington Constitution. Additionally,

toll revenue should provide for and encourage the inclusion of

recycled and reclaimed construction materials.

(4) Setting toll rates. Toll rates must be set by the

legislature as required by RCW 43.135.055 as amended by Initiative

Measure No. 1053, must be uniform and consistent, ((which)) may not

include variable pricing, and must be set to meet anticipated

funding obligations. To the extent possible, the toll rates should

be set to optimize system performance, recognizing necessary trade-

offs to generate revenue.

(5) Duration of toll collection. ((Because transportation

infrastructure projects have costs and benefits that extend well

beyond those paid for by initial construction funding,)) Tolls on

future toll facilities ((may remain in place to fund additional

capacity, capital rehabilitation, maintenance, management, and

operations, and to optimize performance of the system)) must end

after the cost of the project is paid.

(6) Dedication of tolls. As referenced in RCW 47.56.030, tolls

on a project must be spent on that project and may not be diverted

elsewhere and all revenues from such tolls may only be used for

purposes consistent with the eighteenth amendment to the Washington

Constitution.

Sec. 8. RCW 47.56.790 and 2008 c 270 s 5 are each amended to

read as follows:

The department shall work with the federal highways

administration to determine the necessary actions for receiving

federal authorization to toll the Interstate 90 floating bridge.

The department must periodically report the status of those

discussions to the governor and the joint transportation committee.

Toll revenue imposed and collected on the Interstate 90 floating

bridge must be used exclusively for toll facilities and capital

improvements to Interstate 90 and may only be used for purposes

consistent with the eighteenth amendment to the Washington

Constitution.

MISCELLANEOUS

NEW SECTION. Sec. 9. The provisions of this act are to be

liberally construed to effectuate the intent, policies, and purposes

of this act.

NEW SECTION. Sec. 10. If any provision of this act or its

application to any person or circumstance is held invalid, the

remainder of the act or the application of the provision to other

persons or circumstances is not affected.

NEW SECTION. Sec. 11. This act is called the “Protect Gas-

Taxes and Toll-Revenues Act – Protect the 18

Amendment to

Washington’s Constitution.”

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