S-2998.1

SUBSTITUTE SENATE BILL 5482

State of Washington
67th Legislature
2021 Regular Session
BySenate Transportation (originally sponsored by Senators Hobbs, Cleveland, Das, Keiser, Kuderer, Padden, Randall, Sheldon, and Wilson, C.)
READ FIRST TIME 04/15/21.
AN ACT Relating to additive transportation funding and appropriations; creating new sections; making appropriations; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION.  Sec. 1. (1) An additive omnibus transportation budget of the state is hereby adopted and, subject to the provisions set forth, the several amounts specified, or as much thereof as may be necessary to accomplish the purposes designated, are hereby appropriated from the several accounts and funds named to the designated state agencies and offices for employee compensation and other expenses, for capital projects, and for other specified purposes, including the payment of any final judgments arising out of such activities, for the period ending June 30, 2023.
(2) It is the intent of the legislature that the funding levels specified in LEAP Transportation Document 2021 NL-2 as developed April 8, 2021, represents a commitment to provide appropriations to the agencies, programs, and activities at the amounts identified therein through fiscal year 2037.
(3) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this act.
(a) "Fiscal year 2022" or "FY 2022" means the fiscal year ending June 30, 2022.
(b) "Fiscal year 2023" or "FY 2023" means the fiscal year ending June 30, 2023.
(c) "FTE" means full-time equivalent.
(d) "Lapse" or "revert" means the amount shall return to an unappropriated status.
(e) "Provided solely" means the specified amount may be spent only for the specified purpose. Unless otherwise specifically authorized in this act, any portion of an amount provided solely for a specified purpose that is not expended subject to the specified conditions and limitations to fulfill the specified purpose shall lapse.
(f) "Reappropriation" means appropriation and, unless the context clearly provides otherwise, is subject to the relevant conditions and limitations applicable to appropriations.
(g) "LEAP" means the legislative evaluation and accountability program committee.
2021-2023 FISCAL BIENNIUM
GENERAL GOVERNMENT AGENCIESOPERATING
NEW SECTION.  Sec. 101. FOR THE OFFICE OF FINANCIAL MANAGEMENTREVENUE IMPLEMENTATION COSTS
Forward Flexible AccountState Appropriation
. . . .
$3,000,000
The appropriations in this section are subject to the following conditions and limitations: The entire forward flexible account—state appropriation is provided solely for agency administrative costs in implementing the revenue items in the forward Washington transportation proposal. To the extent needed for actual revenue implementation costs, the office of financial management may allocate the funding to the department of licensing, the department of revenue, the transportation commission, and the department of transportation.
NEW SECTION.  Sec. 102. FOR THE DEPARTMENT OF COMMERCE
Forward Flexible AccountState Appropriation
. . . .
$22,750,000
The appropriation in this section is subject to the following conditions and limitations: $22,750,000 of the forward flexible accountstate appropriation is provided solely for transportation grid electrification and alternative fuel infrastructure grants. The purpose of the grant program is to aid public entities in funding projects that improve the connectivity and efficiency of our transportation system. The department shall identify cost-effective projects and submit a prioritized list of all projects requesting funding to the legislature by December 1st of each year.
TRANSPORTATION AGENCIESOPERATING
NEW SECTION.  Sec. 201. FOR THE DEPARTMENT OF LICENSING
Forward Flexible AccountState Appropriation
. . . .
$1,875,000
The appropriations in this section are subject to the following conditions and limitations: The entire forward flexible account—state appropriation is provided solely for an interagency transfer to the department of children, youth, and families to provide driver's license support to a larger population of foster youth than is currently being served. Support services include reimbursement of driver's license issuance costs, fees for driver training education, and motor vehicle liability insurance costs.
NEW SECTION.  Sec. 202. FOR THE DEPARTMENT OF TRANSPORTATIONFACILITY MAINTENANCE, OPERATIONS AND CONSTRUCTIONPROGRAM D
Forward Washington AccountState Appropriation
. . . .
$2,000,000
NEW SECTION.  Sec. 203. FOR THE DEPARTMENT OF TRANSPORTATION—HIGHWAY MAINTENANCE—PROGRAM M
Forward Washington Account—State Appropriation
. . . .
$58,000,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $1,060,000 of the forward Washingtonstate account is provided solely for the department to purchase and maintain one tow truck per operating region in order to optimize fleet operations and more efficiently respond to highway system emergencies.
(2) $5,784,000 of the forward Washingtonstate account is provided solely for the department to purchase and maintain one underbridge inspection truck per operating region in order to better maintain and preserve bridges on the highway system.
(3) $1,074,000 of the forward Washingtonstate account is provided solely for the department to add one mechanic per operating region in order to better maintain the maintenance vehicle fleet.
(4)(a) $4,000,000 of the forward Washington accountstate appropriation is provided solely for safety improvements and debris clean up on department-owned rights-of-way in the city of Seattle at levels above that being implemented as of January 1, 2019.
(i) Of the amount provided in this subsection, $1,500,000 of the forward Washington accountstate appropriation is provided solely for the department's costs in implementing safety improvements and debris clean up on department-owned rights-of-way in the city of Seattle. The department must maintain at least two crews dedicated solely to collecting and disposing of garbage, clearing debris or hazardous material, and implementing safety improvements where hazards exist to the traveling public, department employees, or people encamped upon department-owned rights-of-way.
(ii) Of the amount provided in this subsection, $2,000,000 of the forward Washington accountstate appropriation is provided solely for the security costs associated with the clean up on department-owned rights-of-way in the city of Seattle. The department may use the funds provided in this subsection to either reimburse local law enforcement costs if they are fully participating as part of a strategic agreement to implement safety improvements and debris clean up on department-owned rights-of-way in the city of Seattle, or to reimburse security costs of the Washington state patrol.
(iii) Of the amount provided in this subsection, $500,000 of the forward Washington accountstate appropriation is provided solely for the city of Seattle or the department to contract with local nonprofit organizations providing outreach assistance necessary to implement safety improvements and debris clean up on department-owned rights-of-way in the city of Seattle.
(b) Beginning October 1, 2021, and quarterly thereafter, the Washington state patrol, jointly with the department of transportation, must report to the governor and the house and senate transportation committees of the legislature on the status of these efforts including:
(i) A detailed breakout of the size, location, risk level categorization, and number of encampments on or near department-owned rights-of-way in the Seattle area as of January 1, 2019, compared to the levels during the quarter being reported;
(ii) A summary of the activities in that quarter related to addressing these encampments, including information on arrangements with local governments or other entities related to these activities;
(iii) A description of the planned activities in the ensuing quarter to further address the emergency hazards and risks along state highway rights-of-way; and
(iv) Recommendations for executive branch or legislative action to achieve the desired outcome of reduced emergency hazards and risks along state highway rights-of-way.
NEW SECTION.  Sec. 204. FOR THE DEPARTMENT OF TRANSPORTATIONTRAFFIC OPERATIONSPROGRAM Q
Forward Washington AccountState Appropriation
. . . .
$5,000,000
The appropriation in this section is subject to the following conditions and limitations: At least $3,600,000 of the amount provided in this section must be used to modify existing HOV on-ramp lanes in the central Puget Sound region to use ramp metering in order to improve the operational efficiency of the highway system.
NEW SECTION.  Sec. 205. FOR THE DEPARTMENT OF TRANSPORTATIONTRANSPORTATION MANAGEMENT AND SUPPORTPROGRAM S
Forward Flexible AccountState Appropriation
. . . .
$6,250,000
NEW SECTION.  Sec. 206. FOR THE DEPARTMENT OF TRANSPORTATIONTRANSPORTATION PLANNING, DATA, AND RESEARCHPROGRAM T
Forward Flexible AccountState Appropriation
. . . .
$7,350,000
The appropriation in this section is subject to the following conditions and limitations:
(1) $450,000 of the forward flexible accountstate appropriation is provided solely for the department to continue to develop a performance-based project evaluation model based on the initial work done for section 218(7), chapter 219, Laws of 2020, in a way that operationalizes the six transportation policy goals in RCW 47.04.280. This work should first include clarification of the transportation policy goals through development of objectives and criteria that reflect system priorities. The department's objectives and criteria should be consistent with the objectives and performance measures established by the office of financial management under RCW 47.04.280. After a framework is established by which goals can be more directly related to outcomes, the project evaluation model should leverage the department's existing experts and best practices used for prioritizing programmatic funds to develop standard criteria by which evaluators could consistently score and rank all types of projects. The department must issue a report by June 30, 2022, summarizing the new project evaluation model, and a recommended timeline for how this process could be implemented in coordination with the legislative work cycle.
(2) $6,000,000 of the forward flexible accountstate appropriation is provided solely for an Interstate 5 planning and environmental linkage study. This study will serve as a next step toward a statewide Interstate 5 master plan, building upon existing work underway in the corridor. It is the intent of the legislature to direct $40,000,000 to complete the planning and environmental linkage study over the course of this funding package.
(a) The study must meet planning and environmental linkages requirements to assess strategies and actions to address preservation and safety needs; climate change; improve corridor efficiency and person-throughput; and operate managed lanes effectively in the long-term. The study must include a robust public engagement program; and must assess multimodal transportation system impacts as well as economic, revenue and equity considerations. The outcome of this work will provide a basis for preliminary project planning, design and environmental work.
(b) The department shall submit a final report on the Interstate 5 planning and environmental linkage study to the joint transportation committee by June 30, 2023.
(c) As an initial element of the study, the department must identify and prepare an implementation plan for near-term actions to improve HOV lane system-wide performance until a long-term solution is in place, including steps required to convert HOV lanes to a different managed lane operating concept such as express toll lanes. The implementation plan must include the planning, design, environmental review, equity considerations, community engagement, traffic and revenue analysis, rate setting, and related engineering considerations necessary for a full I-5 HOV system conversion. The department shall submit an interim report on a recommended near-term implementation plan to the legislative transportation committees by December 31, 2022.
(3) $650,000 of the forward flexible accountstate appropriation is provided solely to conduct the I-90/Rainier Avenue South Interchange Access Revision Feasibility Study within a two-year schedule in coordination with agency partners and through robust community engagement, to identify cost-effective strategies to provide a safe, sustainable, integrated multimodal access system at the interchange ramp area.
NEW SECTION.  Sec. 207. FOR THE DEPARTMENT OF TRANSPORTATION—CHARGES FROM OTHER AGENCIES—PROGRAM U
Forward Flexible AccountState Appropriation
. . . .
$3,000,000
The appropriations in this section are subject to the following conditions and limitations: The entire forward flexible account—state appropriation is provided solely for increasing the number of certified women and minority-owned contractors in the transportation sector and for supporting these contractors to successfully compete and earn more transportation contracting opportunities. This shall be done through various programs including, but not limited to: (1) Outreach to women and minority business communities and individuals; (2) technical assistance as needed in areas such as financing, accounting, contracting, procurement and resolution of disputes and grievances; (3) language access programs for those with limited English proficiency; and (4) other programs that aim to increase the number of women and minority contractors that are successful in obtaining contracts in the transportation sector either directly with state agencies such as the department, with local jurisdictions, or as subcontractors for prime contractors.
NEW SECTION.  Sec. 208. FOR THE DEPARTMENT OF TRANSPORTATIONPUBLIC TRANSPORTATIONPROGRAM V
Rural Mobility Grant Program AccountState
Appropriation
. . . .
$11,000,000
Regional Mobility Grant Program AccountState
Appropriation
. . . .
$5,000,000
Forward Flexible AccountState Appropriation
. . . .
$58,750,000
TOTAL APPROPRIATION
. . . .
$74,750,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $22,750,000 of the forward flexible account—state appropriation is provided solely for a grant program for special needs transportation provided by transit agencies and nonprofit providers of transportation.
(2) $11,000,000 of the rural mobility grant program accountstate appropriation is provided solely for grants to aid small cities in rural areas as prescribed in RCW 47.66.100.
(3) $3,000,000 of the forward flexible accountstate appropriation is provided solely for a vanpool grant program for: (a) Public transit agencies to add vanpools or replace vans; and (b) incentives for employers to increase employee vanpool use. The grant program for public transit agencies must cover capital costs only. Operating costs for public transit agencies are not eligible for funding under this grant program.
(4) $10,000,000 of the forward flexible accountstate appropriation is provided solely for bus and bus facility grants.
(5) $3,000,000 of the forward flexible accountstate appropriation is provided solely for expanded transportation demand management. The department shall employ strategies to incentivize the use of transportation demand management at the local level. The department may partner with public, private, and nonprofit groups whose missions include topical areas such as social equity, public health, land use planning, transit oriented development, and active transportation.
(6) $5,000,000 of the regional mobility grant program account—state appropriation is provided solely for regional mobility grants.
(7) $5,000,000 of the forward flexible accountstate appropriation is provided solely for the green transportation capital grant program established in chapter 287, Laws of 2019 (advancing green transportation adoption).
(8) $5,000,000 of the forward flexible accountstate appropriation is provided solely for transit fare access grants.
(9) $10,000,000 of the forward flexible account appropriation is provided solely for the projects and activities as listed in LEAP Transportation Document 2021 NL-1 as developed April 8, 2021, Public Transportation Program (V) Projects.
NEW SECTION.  Sec. 209. FOR THE DEPARTMENT OF TRANSPORTATION—MARINE—PROGRAM X
Forward Flexible AccountState Appropriation
. . . .
$5,000,000
The appropriations in this section are subject to the following conditions and limitations: $300,000 of the forward flexible account—state appropriation is provided solely for the department to contract with uniformed officers for SR 104 highway traffic control in Kingston during overloaded ferry travel times, with a particular focus on Sundays, Mondays, and holiday/festival weekends. Traffic control methods should include issuing boarding passes, holding traffic on the shoulder at Lindvog Road until space opens for cars at the tollbooths and dock, and management of traffic on SR 104 in order to ensure Kingston area residents and business owners have access to businesses, roads, and driveways.
TRANSPORTATION AGENCIESCAPITAL
NEW SECTION.  Sec. 301. FOR THE FREIGHT MOBILITY STRATEGIC INVESTMENT BOARD
Freight Mobility Investment AccountState Appropriation
. . . .
$2,500,000
Freight Mobility Multimodal AccountState Appropriation
. . . .
$2,500,000
TOTAL APPROPRIATION
. . . .
$5,000,000
The appropriations in this section are subject to the following conditions and limitations: The entire freight mobility investment accountstate appropriation and the entire freight mobility multimodal accountstate appropriation are provided solely to enhance the grant and allocation programs administered by the freight mobility investment board.
NEW SECTION.  Sec. 302. FOR THE TRANSPORTATION IMPROVEMENT BOARD
Transportation Improvement AccountState Appropriation
. . . .
$5,000,000
Forward Flexible AccountState Appropriation
. . . .
$9,000,000
TOTAL APPROPRIATION
. . . .
$14,000,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The entire forward flexible account—state appropriation is provided solely to enhance the complete streets program.
(2) The entire transportation improvement account—state appropriation is to enhance the existing city grant and allocation programs administered by the transportation improvement board.
NEW SECTION.  Sec. 303. FOR THE COUNTY ROAD ADMINISTRATION BOARD
Rural Arterial Trust AccountState Appropriation
. . . .
$3,500,000
County Arterial Preservation AccountState Appropriation
. . . .
$3,500,000
TOTAL APPROPRIATION
. . . .
$7,000,000
The appropriations in this section are subject to the following conditions and limitations: $3,500,000 of the rural arterial trust accountstate appropriation and $3,500,000 of the county arterial preservation accountstate appropriation are provided solely to enhance the rural arterial and the county arterial preservation programs.
NEW SECTION.  Sec. 304. FOR THE DEPARTMENT OF TRANSPORTATION—IMPROVEMENTS—PROGRAM I
Forward Washington Account—State Appropriation
. . . .
$150,000,000
Forward Flexible Account—State Appropriation
. . . .
$15,000,000
TOTAL APPROPRIATION
. . . .
$165,000,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The entire forward Washington account appropriation is provided solely for the projects and activities as listed by fund, project, and amount in LEAP Transportation Document 2021 NL-1 as developed April 8, 2021, Highway Improvements Program (I) Projects.
(2) $15,000,000 of the forward flexible accountstate appropriation is provided solely for storm water retrofits and improvements.
NEW SECTION.  Sec. 305. FOR THE DEPARTMENT OF TRANSPORTATION—PRESERVATION—PROGRAM P
Forward Washington Account—State Appropriation
. . . .
$200,000,000
The appropriation in this section is subject to the following conditions and limitations:
(1) The entire forward Washington account appropriation is provided solely for the projects and activities as listed by fund, project, and amount in LEAP Transportation Document 2021 NL-1 as developed April 8, 2021, Highway Preservation Program (P) Projects.
(2) It is the intent of the legislature that $12,000,000 of the amounts provided for highway preservation over the 16-year new forward Washington investment program be provided for the SR 243 Pavement Preservation and Shoulder Rebuild project.
NEW SECTION.  Sec. 306. FOR THE DEPARTMENT OF TRANSPORTATION—WASHINGTON STATE FERRIES CONSTRUCTION—PROGRAM W
Forward Flexible Account—State Appropriation
. . . .
$50,000,000
The appropriation in this section is subject to the following conditions and limitations: The entire forward flexible account appropriation in this section is provided solely for the projects and activities as listed in LEAP Transportation Document 2021 NL-1 as developed April 8, 2021, Washington State Ferries Capital Program (W) Projects.
NEW SECTION.  Sec. 307. FOR THE DEPARTMENT OF TRANSPORTATION—RAIL—PROGRAM Y
Forward Flexible Account—State Appropriation
. . . .
$25,000,000
The appropriation in this section is subject to the following conditions and limitations: The entire appropriation in this section is provided solely for the projects and activities as listed in LEAP Transportation Document 2021 NL-1 as developed April 8, 2021, Rail Capital Program (Y) Projects.
NEW SECTION.  Sec. 308. FOR THE DEPARTMENT OF TRANSPORTATIONLOCAL PROGRAMSPROGRAM Z
Aeronautics AccountState Appropriation
. . . .
$1,983,000
Forward Flexible AccountState Appropriation
. . . .
$46,625,000
Forward Washington AccountState Appropriation
. . . .
$90,000,000
TOTAL APPROPRIATION
. . . .
$138,608,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $19,625,000 of the forward flexible accountstate appropriation and $90,000,000 of the forward Washington accountstate appropriation are provided solely for the projects and activities as listed by fund, project, and amount in LEAP Transportation Document 2021 NL-1 as developed April 8, 2021, Local Programs (Z) Projects.
(2) $10,000,000 of the forward flexible accountstate appropriation and $1,983,000 of the aeronautics accountstate appropriation are provided solely for a Washington ports grant program. The aeronautics accountstate appropriation is provided solely for airport grants.
(3) $11,000,000 of the forward flexible accountstate appropriation is provided solely for newly selected pedestrian and bicycle safety program projects. It is the intent of the legislature, over the 16-year new forward Washington investment program, that $176,000,000 will be provided for newly selected pedestrian and bicycle safety program projects.
(4) $6,000,000 of the forward flexible accountstate appropriation is provided solely for newly selected safe routes to school projects.
(5) It is the intent of the legislature, over the 16-year new forward Washington investment program, that $30,000,000 will be provided to the Seattle Department of Transportation to implement Aurora Avenue North Safety Improvements. Under this program, the Seattle Department of Transportation (SDOT) will be required to implement strategic transportation investments for the Aurora Ave N Corridor (Roy St. to N 145th St) that ensure walkability, mobility, and safety for residents. A specific focus must be on access management to consolidate driveways and improve safety for vulnerable users. This work must also include installation of full curb and sidewalks to improve safety, mobility, transit ridership, equity, and work towards the goals set forth in Vision Zero. SDOT must ensure the design and implementation of a sidewalk network, installation of raised medians, pedestrian refuge islands, and dedicated center turn lanes that put safety over speed, balances the needs of different modes, provides pedestrian safe zones, and supports the surrounding neighborhoods. SDOT must coordinate with WSDOT and King County Metro in implementing the investments. SDOT must ensure that funds are maximized by limiting the percentage for planning, predesign, design, permitting, and environmental review to ten percent of the total cost of each project.
(6) $27,000,000 of forward flexible account funding for the SR 520 & 148th Avenue NE Bicycle/Pedestrian Crossing project is added to the LEAP list referenced in subsection (1) of this section.
TRANSFERS AND DISTRIBUTIONS
NEW SECTION.  Sec. 401. FOR THE STATE TREASURERADMINISTRATIVE TRANSFERS
(1) Forward Flexible AccountState Appropriation:
For transfer for Forward Flexible projects, programs,
or activities to the Freight Mobility Multimodal
AccountState
. . . .
$2,500,000
(2) Forward Flexible AccountState Appropriation:
For transfer for Forward Flexible projects, programs,
or activities to the Rural Mobility Grant
Program AccountState
. . . .
$11,000,000
(3) Forward Washington AccountState Appropriation:
For transfer for Forward Washington projects
or improvements to the Freight Mobility Investment
AccountState
. . . .
$2,500,000
(4) Forward Washington AccountState Appropriation:
For transfer for Forward Washington projects
or improvements to the Rural Arterial Trust
AccountState
. . . .
$3,500,000
(5) Forward Washington AccountState Appropriation:
For transfer for Forward Washington projects
or improvements to the Transportation Improvement
AccountState
. . . .
$5,000,000
(6) Forward Washington AccountState Appropriation:
For transfer for Forward Washington projects
or improvements to the County Arterial Preservation
AccountState
. . . .
$3,500,000
(7) Forward Flexible AccountState Appropriation:
For transfer for Forward Flexible projects, programs,
or activities to the Regional Mobility Grant Program
AccountState
. . . .
$5,000,000
NEW SECTION.  Sec. 402. FOR THE STATE TREASURERSTATE REVENUES FOR DISTRIBUTION TO CITIES AND COUNTIES
Forward Flexible AccountState Appropriation:
For distribution to cities and counties. . . .$30,000,000
The appropriation in this section is subject to the following conditions and limitations: The amount provided must be allocated between cities and counties using proportionate shares that are consistent with the total amount of fuel tax revenue distributed under RCW 46.68.090 to cities and counties. Funds credited to cities must be allocated under RCW 46.68.110(4). Funds credited to counties must be allocated under RCW 46.68.120(4). Expenditures from these funds may be used only for transportation purposes.
MISCELLANEOUS
NEW SECTION.  Sec. 501. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION.  Sec. 502. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
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