INITIATIVE MEASURE NO. 1125      Filed January 20, 2011 



PROTECT GAS-TAXES AND TOLL-REVENUES ACT 
PROTECT THE 18TH 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 18th 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 18th Amendment's protections and divert those revenues to nontransportation
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 18th 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 gastax-funded
or toll-revenue-funded lanes on state highways for nonhighway
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-taxfunded
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 18TH 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
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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.
(c) Unless otherwise delegated, and subject to RCW 47.56.820,
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
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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
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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. 
(c) When purchases are made through a request for proposal
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: 

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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
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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; 
(c) To meet any other obligations to provide funding
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
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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 tradeoffs
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. 
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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 18th Amendment to
Washington's Constitution."
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