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Commission staff outlines plan to streamline toll rate-setting and adopt new WAC procedures
Summary
Staff presented a plan to restructure toll-rate rules in WAC, citing a new RCW exemption from the Administrative Procedure Act and proposing a minimum 30-day public-notice and outreach process; staff said the new process could shrink a typical 4–5 month rule timeline to about a month and action to publish a proposal is expected next month.
Commission staff presented a proposed overhaul of toll rate-setting procedures that would move most of the details into the Washington Administrative Code (WAC) and — under new statutory direction — exempt toll rate-setting from some Administrative Procedure Act filing requirements. The presenter said the statutory change (RCW) requires adopting WAC provisions that set minimum public-notice and outreach requirements and allows for expedited, emergency action when a statute directs it.
Staff emphasized the intent is not to eliminate public engagement but to "front-load" outreach so the public's input can meaningfully inform the commission's decision. The presenter described the present rulemaking timeline as typically taking "a good 4 to 5 months at a minimum" under the full Administrative Procedure Act schedule and said the new WAC structure could allow adoption in a much shorter timeframe: "we could theoretically do within about a month," the presenter said.
Key proposed steps include issuing a written public notice at least 30 days before proposed rates would take effect, carrying out facility- or change-specific outreach (surveys, online open houses, community meetings as appropriate), returning to a public meeting for adoption, and posting adopted rates and policies to the department website within one week of adoption. Staff said they will distribute draft WAC language ahead of next month's meeting and aim to take action to publish a public proposal (CR-102 point) at that meeting, hold a public hearing in March, and have the new procedures take effect about a month after adoption (approx. May 1).
Commissioners asked how much time the process would save; staff explained the prior timeline included built-in waiting periods intended to allow public comment but often meant the commission's selected rate could not be implemented promptly to meet legal or financial needs. Under the proposed WAC structure, the same public engagement work would be done earlier in the process so action and implementation timelines could be shortened while preserving notice and comment requirements. Staff noted coordination with the attorney general's office, affected agencies and website changes will be needed before implementation.
