H-1141.1          _______________________________________________

 

                                  HOUSE BILL 1522

                  _______________________________________________

 

State of Washington              52nd Legislature             1991 Regular Session

 

By Representatives Vance, Appelwick, Forner, Mitchell, Holland, Roland, Brough, Silver, Padden, Wynne, Betrozoff and Winsley.

 

Read first time January 31, 1991.  Referred to Committee on Transportation.Expediting litigation and appeals concerning certain transportation projects.


     AN ACT Relating to certain transportation projects; adding new sections to chapter 47.05 RCW; adding a new section to chapter 43.21C RCW; adding a new section to chapter 90.58 RCW; and creating a new section.

 

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

 

     NEW SECTION.  Sec. 1.      The legislature found in 1990 the need to create special category C projects to address certain vitally needed safety improvements in our state transportation system.  In section 16, chapter 298, Laws of 1990 (uncodified) the legislature identified the First Avenue South bridge in Seattle, SR 18 from Auburn to I-90, and the north/south corridor in Spokane as being the three special category C projects.  The legislature is concerned that litigation and appeals regarding proposed improvements on any of the special category C projects may cause unconscionable delays and result in the loss of lives.  It is the intent of this act to provide for expedited hearings of cases involving special category C projects.

 

     NEW SECTION.  Sec. 2.  A new section is added to chapter 47.05 RCW to read as follows:

     The special category C projects to which this section and sections 3, 4, and 5 of this act apply are the First Avenue South bridge in Seattle, SR 18 from Auburn to I-90, and the north/south corridor in Spokane.

 

     NEW SECTION.  Sec. 3.  A new section is added to chapter 47.05 RCW to read as follows:

     Any action or appeal, whether judicial or administrative, filed with respect to the authorization or permitting of any special category C project shall be filed in the Thurston county superior court within ten days of when the cause of action or right of appeal arose.  The court shall consider these actions on a priority basis and shall determine the merits of the actions within ninety days of filing.

 

     NEW SECTION.  Sec. 4.  A new section is added to chapter 43.21C RCW to read as follows:

     Decisions pertaining to special category C projects within the state department of transportation shall be subject to the requirements of RCW 43.21C.030(2)(c) except that the department of transportation shall be presumed to have filed an adequate statement of environmental impact.  Appeals pertaining to special category C projects shall be filed in the Thurston county superior court as provided in chapter 47.05 RCW.

 

     NEW SECTION.  Sec. 5.  A new section is added to chapter 90.58 RCW to read as follows:

     Decisions pertaining to special category C projects within the state department of transportation shall be subject to the requirements of RCW 90.58.140 except that construction may begin after thirty days from the date of issuance of a permit by the local agency and such permits shall be valid until December 31, 2010.  Appeals from the issuance of permits by local agencies pertaining to special category C projects shall be filed in the Thurston county superior court as provided in chapter 47.05 RCW.