2080-S AMH CAIR H2996.2
SHB 2080 - H AMD TO H AMD (H-2608.3/95) 770 ADOPTED 4/11/95
By Representative Cairnes
On page 42, after line 20 of the amendment, insert the following:
"NEW SECTION. Sec. 509. The following acts or parts of acts are each repealed:
(1) RCW 81.112.010 and 1992 c 101 s 1;
(2) RCW 81.112.020 and 1992 c 101 s 2;
(3) RCW 81.112.030 and 1994 c 44 s 1, 1993 sp.s. c 23 s 62, & 1992 c 101 s 3;
(4) RCW 81.112.040 and 1994 c 109 s 1 & 1992 c 101 s 4;
(5) RCW 81.112.050 and 1992 c 101 s 5;
(6) RCW 81.112.060 and 1992 c 101 s 6;
(7) RCW 81.112.070 and 1992 c 101 s 7;
(8) RCW 81.112.080 and 1992 c 101 s 8;
(9) RCW 81.112.090 and 1992 c 101 s 9;
(10) RCW 81.112.100 and 1992 c 101 s 10;
(11) RCW 81.112.110 and 1992 c 101 s 11;
(12) RCW 81.112.120 and 1992 c 101 s 12;
(13) RCW 81.112.130 and 1992 c 101 s 13;
(14) RCW 81.112.140 and 1992 c 101 s 14;
(15) RCW 81.112.150 and 1992 c 101 s 15;
(16) RCW 81.112.160 and 1992 c 101 s 16;
(17) RCW 81.112.170 and 1992 c 101 s 17;
(18) RCW 81.112.900 and 1992 c 101 s 33;
(19) RCW 81.112.901 and 1992 c 101 s 34; and
(20) RCW 81.112.902 and 1992 c 101 s 35.
Sec. 510. RCW 81.104.015 and 1992 c 101 s 19 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "High capacity transportation system" means a system of public transportation services within an urbanized region operating principally on exclusive rights of way, and the supporting services and facilities necessary to implement such a system, including interim express services and high occupancy vehicle lanes, which taken as a whole, provides a substantially higher level of passenger capacity, speed, and service frequency than traditional public transportation systems operating principally in general purpose roadways.
(2) "Regional
transit system" means a high capacity transportation system under the
jurisdiction of one or more transit agencies ((except where a regional
transit authority created under chapter 81.112 RCW exists, in which case
"regional transit system" means the high capacity transportation
system under the jurisdiction of a regional transit authority)).
(3) "Transit agency" means city-owned transit systems, county transportation authorities, metropolitan municipal corporations, and public transportation benefit areas.
Sec. 511. RCW 81.104.030 and 1993 c 428 s 1 are each amended to read as follows:
(1) In any county ((with
a population of from two hundred ten thousand to less than one million that is
not bordered by a county with a population of one million or more, and in each
county with a population of less than two hundred ten thousand)) that
has a population of one hundred seventy-five thousand or more and has an
interstate highway within its borders, except for any county having a
population of more than one million or a county that has a population more than
four hundred thousand and is adjacent to a county with a population of more
than one million, transit agencies may elect to establish high capacity
transportation service. Such agencies shall form a regional policy committee
with proportional representation based upon population distribution within the
designated service area and a representative of the department of
transportation, or such agencies may use the designated metropolitan planning
organization as the regional policy committee.
Transit agencies participating in joint regional policy committees shall seek voter approval within their own service boundaries of a high capacity transportation system plan and financing plan. For transit agencies in counties adjoining state or international boundaries where the high capacity transportation system plan and financing plan propose a bi-state or international high capacity transportation system, such voter approval shall be required from only those voters residing within the service area in the state of Washington.
(2) Transit agencies in counties adjoining state or international boundaries are authorized to participate in the regional high capacity transportation programs of an adjoining state or Canadian province.
Sec. 512. RCW 81.104.040 and 1992 c 101 s 21 are each amended to read as follows:
Transit agencies in
each county with a population of one million or more, and in each county with a
population of from ((two)) four hundred ((ten)) thousand
to less than one million bordering a county with a population of one million or
more ((that are authorized on January 1, 1991, to provide high capacity
transportation planning and operating services must)) may establish
through interlocal agreements a ((joint regional policy committee with
proportional representation based upon the population distribution within each
agency's designated service area, as determined by the parties to the
agreement.
(1) The membership
of the joint regional policy committee shall consist of locally elected
officials who serve on the legislative authority of the existing transit
systems and a representative from the department of transportation. Nonvoting
membership for elected officials from adjoining counties may be allowed at the
committee's discretion.
(2) The joint
regional policy committee shall be responsible for the preparation and adoption
of)) process to jointly
prepare a regional high capacity transportation implementation program,
which shall include the system plan, project plans, and a financing plan. This
program shall be in conformance with the regional transportation planning
organization's regional transportation plan and consistent with RCW 81.104.080.
(((3) The joint
regional policy committee shall present an adopted high capacity transportation
system plan and financing plan to the boards of directors of the transit
agencies within the service area or to the regional transit authority, if such
authority has been formed. The authority shall proceed as prescribed in RCW
81.112.030)).
Transit agencies are encouraged to utilize this process and the process in section 518 of this act in order to better coordinate high-capacity transit services and to provide for more effective utilization of transportation resources.
Sec. 513. RCW 81.104.050 and 1992 c 101 s 22 are each amended to read as follows:
Regional high capacity
transportation service may be expanded beyond the established district
boundaries through interlocal agreements among the transit agencies ((and
any regional transit authorities in existence)).
Sec. 514. RCW 81.104.120 and 1993 c 428 s 2 are each amended to read as follows:
(1) Transit agencies ((and
regional transit authorities)) may operate or contract for commuter rail
service where it is deemed to be a reasonable alternative transit mode. A
reasonable alternative is one whose ((passenger)) costs per passenger
mile, including costs of trackage, equipment, maintenance, operations, and
administration are equal to or less than comparable bus, entrained bus,
trolley, or personal rapid transit systems.
(2) A county may use
funds collected under RCW 81.100.030 or 81.100.060 to contract with one or more
transit agencies ((or regional transit authorities)) for planning,
operation, and maintenance of commuter rail projects which: (a) Are consistent
with the regional transportation plan; (b) have met the project planning and
oversight requirements of RCW 81.104.100 and 81.104.110; and (c) have been
approved by the voters within the service area of each transit agency ((or
regional transit authority)) participating in the project. For transit
agencies in counties adjoining state or international boundaries where the high
capacity transportation system plan and financing plan propose a bi-state or
international high capacity transportation system, such voter approval shall be
required from only those voters residing within the service area in the state
of Washington. The phrase "approved by the voters" includes specific
funding authorization for the commuter rail project.
(3) The utilities and transportation commission shall maintain safety responsibility for passenger rail service operating on freight rail lines. Agencies providing passenger rail service on lines other than freight rail lines shall maintain safety responsibility for that service.
Sec. 515. RCW 81.104.140 and 1992 c 101 s 25 are each amended to read as follows:
(1) Transit agencies
authorized to provide high capacity transportation service((, including
transit agencies and regional transit authorities,)) are hereby granted
dedicated funding sources for such systems. These dedicated funding sources,
as set forth in RCW 81.104.150, 81.104.160, and 81.104.170, are authorized only
for agencies located in (((a) each county with a population of two hundred
ten thousand or more and (b) each county with a population of from one hundred
twenty‑five thousand to less than two hundred ten thousand except for
those counties that do not border a county with a population as described under
(a) of this subsection)) any county that has a population of one hundred
seventy-five thousand or more and has an interstate highway within its borders.
In any county with a population of one million or more or in any county having
a population of four hundred thousand or more bordering a county with a
population of one million or more, these funding sources may be ((imposed only
by a regional transit authority)) placed before the voters for approval
only after specific legislative approval by a recorded majority vote of the
house of representatives and of the senate.
(2) Agencies planning to construct and operate a high capacity transportation system should also seek other funds, including federal, state, local, and private sector assistance.
(3) Funding sources should satisfy each of the following criteria to the greatest extent possible:
(a) Acceptability;
(b) Ease of administration;
(c) Equity;
(d) Implementation feasibility;
(e) Revenue reliability; and
(f) Revenue yield.
(4) Agencies participating in regional high capacity transportation system development are authorized to levy and collect the following voter‑approved local option funding sources:
(a) Employer tax as provided in RCW 81.104.150;
(b) Special motor vehicle excise tax as provided in RCW 81.104.160; and
(c) Sales and use tax as provided in RCW 81.104.170.
Revenues from these
taxes may be used only to support those purposes prescribed in subsection (((10)))
(9) of this section. Before the date of an election authorizing an
agency to impose any of the taxes enumerated in this section and authorized in
RCW 81.104.150, 81.104.160, and 81.104.170, the agency must comply with the
process prescribed in RCW 81.104.100 (1) and (2) and 81.104.110. No
construction on exclusive right of way may occur before the requirements of RCW
81.104.100(3) are met.
(5) Authorization in
subsection (4) of this section shall not adversely affect the funding authority
of transit agencies not provided for in this chapter. Local option funds may
be used to support implementation of interlocal agreements with respect to the
establishment of regional high capacity transportation service. ((Except
when a regional transit authority exists,)) Local jurisdictions
shall retain control over moneys generated within their boundaries, although
funds may be commingled with those generated in other areas for planning,
construction, and operation of high capacity transportation systems as set
forth in the agreements.
(6) Agencies planning to construct and operate high capacity transportation systems may contract with the state for collection and transference of voter‑approved local option revenue.
(7) Dedicated high
capacity transportation funding sources authorized in RCW 81.104.150,
81.104.160, and 81.104.170 shall be subject to voter approval by a simple
majority. A single ballot proposition may seek approval for one or more of the
authorized taxing sources. ((The ballot title shall reference the document
identified in subsection (8) of this section.))
(8) ((Agencies shall
provide to the registered voters in the area a document describing the systems
plan and the financing plan set forth in RCW 81.104.100. It shall also
describe the relationship of the system to regional issues such as development
density at station locations and activity centers, and the interrelationship of
the system to adopted land use and transportation demand management goals
within the region. This document shall be provided to the voters at least
twenty days prior to the date of the election.
(9))) For any election in which voter approval is
sought for a high capacity transportation system plan and financing plan
pursuant to RCW 81.104.040, a local voter's pamphlet shall be produced as
provided in chapter 29.81A RCW.
(((10))) (9)
Agencies providing high capacity transportation service shall retain
responsibility for revenue encumbrance, disbursement, and bonding. Funds may
be used for any purpose relating to planning, construction, and operation of
high capacity transportation systems and commuter rail systems, personal rapid
transit, busways, bus sets, and entrained and linked buses.
Sec. 516. RCW 81.104.150 and 1992 c 101 s 26 are each amended to read as follows:
Cities that operate
transit systems, county transportation authorities, metropolitan municipal
corporations, and public transportation benefit areas((, and regional
transit authorities)) may submit an authorizing proposition to the voters
and if approved may impose an excise tax of up to two dollars per month per
employee on all employers located within the agency's jurisdiction, measured by
the number of full‑time equivalent employees, solely for the purpose of
providing high capacity transportation service. The rate of tax shall be
approved by the voters. This tax may not be imposed by((: (1))) a
transit agency when the county within which it is located is imposing an excise
tax pursuant to RCW 81.100.030((; or (2) a regional transit authority when
any county within the authority's boundaries is imposing an excise tax pursuant
to RCW 81.100.030)). The agency imposing the tax authorized in this
section may provide for exemptions from the tax to such educational, cultural,
health, charitable, or religious organizations as it deems appropriate.
Sec. 517. RCW 81.104.160 and 1992 c 194 s 13 and 1992 c 101 s 27 are each reenacted and amended to read as follows:
(1) Cities that operate
transit systems, county transportation authorities, metropolitan municipal
corporations, and public transportation benefit areas((, and regional
transit authorities)) may submit an authorizing proposition to the voters,
and if approved, may levy and collect an excise tax, at a rate approved by the
voters, but not exceeding eighty one-hundredths of one percent on the value,
under chapter 82.44 RCW, of every motor vehicle owned by a resident of the
taxing district, solely for the purpose of providing high capacity
transportation service. In any county imposing a motor vehicle excise tax
surcharge pursuant to RCW 81.100.060, the maximum tax rate under this section
shall be reduced to a rate equal to eighty one-hundredths of one percent on the
value less the equivalent motor vehicle excise tax rate of the surcharge
imposed pursuant to RCW 81.100.060. This rate shall not apply to vehicles
licensed under RCW 46.16.070 except vehicles with an unladen weight of six
thousand pounds or less, RCW 46.16.079, ((46.16.080,)) 46.16.085, or
46.16.090.
(2) An agency imposing a tax under subsection (1) of this section may also impose a sales and use tax solely for the purpose of providing high capacity transportation service, in addition to the tax authorized by RCW 82.14.030, upon retail car rentals within the agency's jurisdiction that are taxable by the state under chapters 82.08 and 82.12 RCW. The rate of tax shall bear the same ratio to the rate imposed under RCW 82.08.020(2) as the excise tax rate imposed under subsection (1) of this section bears to the excise tax rate imposed under RCW 82.44.020 (1) and (2). The base of the tax shall be the selling price in the case of a sales tax or the rental value of the vehicle used in the case of a use tax. The revenue collected under this subsection shall be used in the same manner as excise taxes under subsection (1) of this section.
Sec. 518. RCW 81.104.170 and 1992 c 101 s 28 are each amended to read as follows:
Cities that operate
transit systems, county transportation authorities, metropolitan municipal
corporations, and public transportation benefit areas((, and regional
transit authorities)) may submit an authorizing proposition to the voters
and if approved by a majority of persons voting, fix and impose a sales and use
tax in accordance with the terms of this chapter, solely for the purpose of
providing high capacity transportation service.
The tax authorized
pursuant to this section shall be in addition to the tax authorized by RCW
82.14.030 and shall be collected from those persons who are taxable by the
state pursuant to chapters 82.08 and 82.12 RCW upon the occurrence of any
taxable event within the taxing district. The maximum rate of such tax shall
be approved by the voters and shall not exceed one percent of the selling price
(in the case of a sales tax) or value of the article used (in the case of a use
tax). The maximum rate of such tax that may be imposed shall not exceed nine‑tenths
of one percent in any county that imposes a tax under RCW 82.14.340((, or
within a regional transit authority if any county within the authority imposes
a tax under RCW 82.14.340)).
Sec. 519. RCW 81.104.180 and 1992 c 101 s 29 are each amended to read as follows:
Cities that operate
transit systems, county transportation authorities, metropolitan municipal
corporations, and public transportation benefit areas((, and regional
transit authorities)) are authorized to pledge revenues from the employer
tax authorized by RCW 81.104.150, the special motor vehicle excise tax
authorized by RCW 81.104.160, and the sales and use tax authorized by RCW
81.104.170, to retire bonds issued solely for the purpose of providing high
capacity transportation service.
Sec. 520. RCW 81.104.190 and 1992 c 101 s 30 are each amended to read as follows:
Cities that operate
transit systems, county transportation authorities, metropolitan municipal
corporations, and public transportation benefit areas((, and regional
transit systems)) may contract with the state department of revenue or
other appropriate entities for administration and collection of any tax
authorized by RCW 81.104.150, 81.104.160, and 81.104.170.
Sec. 521. RCW 35.58.2795 and 1994 c 158 s 6 are each amended to read as follows:
By April 1st of each
year, the legislative authority of each municipality, as defined in RCW
35.58.272, ((and each regional transit authority)) shall prepare a
six-year transit development plan for that calendar year and the ensuing five
years. The program shall be consistent with the comprehensive plans adopted by
counties, cities, and towns, pursuant to chapter 35.63, 35A.63, or 36.70 RCW,
the inherent authority of a first class city or charter county derived from its
charter, or chapter 36.70A RCW. The program shall contain information as to
how the municipality intends to meet state and local long-range priorities for
public transportation, capital improvements, significant operating changes
planned for the system, and how the municipality intends to fund program
needs. The six-year plan for each municipality ((and regional transit
authority)) shall specifically set forth those projects of regional
significance for inclusion in the transportation improvement program within
that region. Each municipality ((and regional transit authority)) shall
file the six-year program with the state department of transportation, the
transportation improvement board, and cities, counties, and regional planning
councils within which the municipality is located.
In developing its
program, the municipality ((and the regional transit authority)) shall
consider those policy recommendations affecting public transportation contained
in the state transportation policy plan approved by the state transportation
commission and, where appropriate, adopted by the legislature. The
municipality shall conduct one or more public hearings while developing its
program and for each annual update.
Sec. 522. RCW 47.26.121 and 1994 c 179 s 13 are each amended to read as follows:
(1) There is hereby created a transportation improvement board of eighteen members, six of whom shall be county members and six of whom shall be city members. The remaining members shall be: (a) One representative appointed by the governor who shall be a state employee with responsibility for transportation policy, planning, or funding; (b) the assistant secretary of the department of transportation whose primary responsibilities relate to planning and public transportation; (c) the assistant secretary for local programs of the department of transportation; (d) a representative of a public transit system; (e) a private sector representative; and (f) a public member.
(2) Of the county members of the board, one shall be a county engineer or public works director; one shall be the executive director of the county road administration board; one shall be a county planning director or planning manager; one shall be a county executive, councilmember, or commissioner from a county with a population of one hundred twenty-five thousand or more; one shall be a county executive, councilmember, or commissioner of a county who serves on the board of a public transit system; and one shall be a county executive, councilmember, or commissioner from a county with a population of less than one hundred twenty-five thousand. All county members of the board, except the executive director of the county road administration board, shall be appointed. Not more than one county member of the board shall be from any one county. No more than two of the three county-elected officials may represent counties located in either the eastern or western part of the state as divided north and south by the summit of the Cascade mountains.
(3) Of the city members of the board one shall be a chief city engineer, public works director, or other city employee with responsibility for public works activities, of a city with a population of twenty thousand or more; one shall be a chief city engineer, public works director, or other city employee with responsibility for public works activities, of a city of less than twenty thousand population; one shall be a city planning director or planning manager; one shall be a mayor, commissioner, or city councilmember of a city with a population of twenty thousand or more; one shall be a mayor, commissioner, or city councilmember of a city who serves on the board of a public transit system; and one shall be a mayor, commissioner, or councilmember of a city of less than twenty thousand population. All of the city members shall be appointed. Not more than one city member of the board shall be from any one city. No more than two of the three city-elected officials may represent cities located in either the eastern or western part of the state as divided north and south by the summit of the Cascade mountains.
(4) The transit member shall be a general manager, executive director, or transit director of a public transit system.
(5) The private sector member shall be a citizen with business, management, and transportation related experience and shall be active in a business community-based transportation organization.
(6) The public member shall have professional experience in transportation or land use planning, a demonstrated interest in transportation issues, and involvement with community groups or grass roots organizations.
(7) Appointments of county, city, transit, private sector, and public representatives shall be made by the secretary of the department of transportation. Appointees shall be chosen from a list of two persons for each position nominated by the Washington state association of counties for county members, the association of Washington cities for city members, and the Washington state transit association for the transit member. The private sector and public members shall be sought through classified advertisements in selected newspapers collectively serving all urban areas of the state, and other appropriate means. Persons applying for the private sector or the public member position must provide a letter of interest and a resume to the secretary of the department of transportation. In the case of a vacancy, the appointment shall be only for the remainder of the unexpired term in which the vacancy has occurred. A vacancy shall be deemed to have occurred on the board when any member elected to public office completes that term of office or is removed therefrom for any reason or when any member employed by a political subdivision terminates such employment for whatsoever reason or when a private sector or public member resigns or is unable or unwilling to serve.
(8) Appointments shall be for terms of four years. Terms of all appointed members shall expire on June 30th of even-numbered years. The initial term of appointed members may be for less than four years. No appointed member may serve more than two consecutive four-year terms.
(9) The board shall elect a chair from among its members for a two-year term.
(10) Expenses of the board shall be paid in accordance with RCW 47.26.140.
(11) For purposes of
this section, "public transit system" means a city-owned transit
system, county transportation authority, metropolitan municipal corporation, or
public transportation benefit area((, or regional transit authority)).
Sec. 523. RCW 47.80.060 and 1992 c 101 s 31 are each amended to read as follows:
In order to qualify for
state planning funds available to regional transportation planning
organizations, the regional transportation planning organizations containing
any county with a population in excess of one million shall provide voting
membership on its executive board to the state transportation commission, the
state department of transportation, and the three largest public port districts
within the region as determined by gross operating revenues. It shall further
assure that at least fifty percent of the county and city local elected
officials who serve on the executive board also serve on transit agency boards
((or on a regional transit authority)).
NEW SECTION. Sec. 524. (1) Every regional transit authority created under chapter 81.112 RCW is hereby abolished.
(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of any regional transit authority created under chapter 81.112 RCW shall be delivered to the custody of the transit agencies within the boundaries of the regional transit authority. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by any regional transit authority created under chapter 81.112 RCW shall be made available to the transit agencies within the boundaries of the regional transit authority. All funds, credits, or other assets held by any regional transit authority created under chapter 81.112 RCW shall be assigned to the transit agencies within the boundaries of the regional transit authority.
(b) Any appropriations or grants made to any regional transit authority created under chapter 81.112 RCW and any funds in the custody of any regional transit authority created under chapter 81.112 RCW shall, on the effective date of this section, be transferred and credited to the transit agencies within the boundaries of the regional transit authority.
(c) If any question or dispute arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
(3) All rules and all pending business before any regional transit authority created under chapter 81.112 RCW shall be continued and acted upon by the transit agencies within the boundaries of the regional transit authority. All existing contracts and obligations shall remain in full force and shall be performed by the transit agencies within the boundaries of the regional transit authority.
(4) The transfer of the duties, functions, and personnel of any regional transit authority created under chapter 81.112 RCW shall not affect the validity of any act performed before the effective date of this section.
(5) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
(6) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.
(7) The transit agencies within the boundaries of the regional transit authority shall apportion equitably among themselves any assets or liabilities remaining after the regional transit authority is abolished.
NEW SECTION. Sec. 525. A new section is added to chapter 81.104 RCW to read as follows:
Transit agencies entering into local agreements under RCW 81.104.040 shall include, as part of their process to prepare a high capacity transportation program, a comprehensive treatment of mobility in the entire region which their program addresses. It shall consider existing and future technological alternatives under development demonstrating the capacity for addressing regional transportation problems into the twenty-first century.
The evaluation shall address trips throughout the region including city-to-city, city-to-suburb, and suburb-to-suburb, considering steps necessary to reduce congestion, especially addressing rush hour traffic. The program shall be destination oriented, addressing not only the service needs of urban areas but those of less populated areas throughout the region. It shall include necessary freeway expansion, including the use of special purpose lanes to expedite commerce and for other purposes. It shall also consider programs developed for certain areas such as fare-free programs, and tax incentives for business and individuals designed to reduce traffic congestion and ensure mobility.
The process shall include input from cities and counties, public ports, large employers in the area, the department of transportation, and the legislature.
NEW SECTION. Sec. 526. Section 507, chapter . . ., Laws of 1995 (H-2608.3/95) shall expire on May 31, 1996.
NEW SECTION. Sec. 527. Unless a high capacity transportation system plan, with funding, as authorized under RCW 81.104.140 is approved by a majority of the voters within the boundaries of a regional transit authority, authorized under chapter 81.112 RCW, by May 31, 1996, sections 509 through 526 of this act shall take effect May 31, 1996."
On page 42, line 25 of the amendment, strike "This" and insert "Except for sections 509 through 526 of this act, this"
Renumber the remaining sections consecutively, correct internal references accordingly, and correct the title amendment.
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