Dave Ross: I-405 express toll lanes debate could be determined by a single word

The Washington State Department of Transportation confirmed Tuesday that it has asked the state Attorney General’s office to clarify the law regarding the I-405 express toll lanes.

RELATED: ‘Debate brewing’ around I-405 toll lane benchmarks

Here’s the wording in question:

If after two years of operation of the express toll lanes on Interstate 405 performance measures listed in subsection (4)(a) and (e) of this section are not being met, the express toll lanes project must be terminated as soon as practicable.

“Practicable” may be what keeps the Legislature from ending tolling on I-405. As KIRO Radio’s Dave Ross pointed out, maybe lawmakers will just say that it’s not practicable to terminate the tolls because the infrastructure is already in place and the system is making money.

The toll lanes have generated more than $38 million. They have far exceeded even the state’s expectations and are generating enough money to cover operation and maintenance fees. However, that is only part of the equation. The lanes must also provide a 45-mile-per-hour trip 90 percent of the time during peak commute periods. That is not happening.

According to Rep. Mark Harmsworth, there are some within the state that believe they only need to meet one of the two major benchmarks.

But with the amount of money the toll lanes are making, it’s hard to believe the state would be willing to give them up.

Or, the state could let drivers decide.

“This is the perfect chance for us to break new ground and have a special referendum of people who use them,” Dave Ross said. “They have all the license plate numbers.

“Lift the tolls for a month and then turn them on for a month. Then send out ballots to everyone in the system and have a vote.”

The Legislature will debate the future of the toll lanes in January.

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