Bill
SB 5765
Authorizes tolls for the I-5 Columbia River bridge replacement; creates WA-OR tolling pact, sets rate caps, bans WA 205 tolls, and funds the project via a dedicated account.
Status and key dates
- Enacted by the 68th Legislature (passed Senate and House April 2023), approved by the Governor May 9, 2023.
- Filed as Chapter 377, 2023 Laws. Effective date: July 23, 2023 (the act contains multiple effective dates; see law for details).
Purpose
- To authorize and govern the collection and use of toll revenue for the Interstate 5 (I‑5) Columbia River bridge replacement project (the IBR Project), a bistate, multimodal corridor improvement between SR‑500 in Vancouver, WA and Victory Boulevard in Portland, OR, and to align Washington’s tolling authorization with Oregon’s existing authorizations.
Main provisions
- Tolling authorization
- Designates the IBR Project as an “eligible toll facility” and authorizes tolls to be imposed.
- Tolls may be charged only for travel on the existing and replacement I‑5 Columbia River bridges. Tolling on the Washington portion of I‑205 is explicitly prohibited.
- Preconditions before toll collection
- Tolls cannot be collected until: (1) the Secretary of Transportation certifies to the Governor that WSDOT has satisfactory evidence of a sufficient federal funding plan and sufficient state/local funds to complete the project; and (2) a bistate tolling agreement between the Washington State Transportation Commission (WSTC) and the Oregon Transportation Commission (OTC) is in effect.
- Bistate agreement and toll-rate limits
- Authorizes the WSTC to enter a bistate agreement with the OTC on joint setting, adjustment, and review of toll rates and exemptions.
- Adopted amendments limit toll rates set under that agreement: they may not exceed the highest toll charged on any other tolled facility in Washington (unless the Legislature directs otherwise), and they may not be set to fund all of Oregon’s tolling system administrative/operational costs or subsidize other Oregon tolled facilities.
- Dedicated project account and allowable deposits/expenditures
- Creates the “Interstate 5 bridge replacement project account” in the State Treasury.
- Deposits include bond/loan proceeds issued on Washington’s behalf, net tolls and revenues, Washington’s share of interest earned, proceeds from sale of surplus project real property (Washington share), and other Washington shares of contract damages.
- Toll revenue and account moneys may be spent only after appropriation and only for project-related purposes consistent with RCW 47.56.820 (e.g., facility operations/maintenance, debt service, financing costs, project improvements).
- Repeals prior provisions
- Repeals statutory provisions related to bistate agreements for the earlier Columbia River Crossing project.
Who is affected
- Motorists using the I‑5 Columbia River bridges (including Washington and Oregon residents and interstate freight).
- Washington State Transportation Commission (tolling authority), WSDOT, and Oregon transportation authorities (OTC/ODOT) — for toll operations, agreement negotiation, and revenue management.
- Local/state financing and bondholders for project funding.
Potential impacts
- Provides an explicit statutory framework enabling toll revenue as part of the financing package for an estimated $5–7.5 billion replacement and multimodal improvement project (including light rail, interchange improvements, and pedestrian/bicycle facilities).
- Aims to improve prospects for federal funding by aligning Washington law with Oregon tolling and by creating a clear revenue/accounting mechanism.
- Protects Washington drivers from (1) tolling on I‑205 in Washington, (2) toll rates higher than other Washington toll facilities (absent legislative direction), and (3) cross-subsidization of Oregon’s statewide tolling administrative costs.
Other notes
- No direct appropriation in the bill; a fiscal note was prepared.
- Several proposed amendments (voter approval, bond‑retirement triggers, tax credits/exemptions, civil‑penalties account, operational responsibility) were considered during floor action; the final enacted version includes limits on toll‑rate setting and the dedicated project account described above.
Compiled from official sources — confirm details with the bill’s official record.
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