BP BHEAD INT H [atlas:bill]

AN ACT Relating to transportation congestion reduction; amending RCW 43.17.020, 47.01.021, 47.01.031, 47.01.041, 47.01.071, and 47.01.250; reenacting and amending RCW 47.01.101; adding a new chapter to Title 47 RCW; creating a new section; repealing RCW 47.01.051, 47.01.061, 47.05.010, 47.05.021, 47.05.030, 47.05.035, 47.05.051, and 47.05.090; and providing effective dates.

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

NEW SECTION. Sec. 1. The legislature recognizes that the people of the state rank traffic congestion as one of their greatest concerns and rightfully expect the state to seek realistic, implementable solutions. Recent studies for Puget Sound have indicated that the annual cost of congestion exceeds two billion dollars a year with a national study ranking the region as third worse in the nation. Congestion symptoms are becoming evident in parts of Eastern Washington and Southwest Washington as well. As a result, the legislature declares that reducing traffic congestion while increasing mobility is the primary objective for state and local surface transportation programs.

Nevertheless, the state's priority programming for highway development has arguably been retarded by conflicting goals, with the result that financial resources have been allocated in a manner that has allowed congestion to reach unacceptable levels. Congestion has raised not only the accident and injury potential but also dramatically impacted freight movement and service vehicle accessibility. While planners had hoped that concentrated alternatives such as transit would have had a far greater impact, these solutions at best will have less than five percent of total daily trips by 2010 in Puget Sound, even with the Sound Transit proposal.

The legislature refocuses the state-wide responsibilities under this title to a unified goal of reducing congestion while increasing mobility by twenty-five percent by the year 2010 for areas outlined under this chapter that exceed the Texas Transportation Institute index or such other congestion index approved by the legislature. The plan will devote resources to reducing the index to a level that occurred in the early 1980's for those noncompliance areas while focusing on preemptive projects for other regions of the state.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter.

(1) "Congestion index" means measures of performance as developed by the Texas Transportation Institute using, but not limited to, delay-based measures of performance (delay per driver), travel rate index (TRI), roadway congestion index (RCI), or such other criteria as approved by the legislature. The congestion index must be set at the level that occurred in the early 1980's. If the index uses a measure of performance based on the roadway congestion index (RCI), the index must be set at 0.95 or lower for the highway/principal arterial system.

(2) "Freeway/expressway" means a state or county road so designated in accordance with criteria established by state and federal agencies.

(3) "Guidelines" means the criteria developed jointly by the congestion reduction board and the legislature to replace chapter 47.05 RCW and such other statutes in order to accomplish the goals of section 1 of this act.

(4) "Principal arterial" means a county road or city street so designated in accordance with criteria established by state and federal agencies.

(5) "Urban monitoring area" means every area in this state designated as an urban monitoring area by the congestion reduction board.

NEW SECTION. Sec. 3. (1) The congestion reduction board is created, consisting of twenty-five members appointed by the governor and confirmed by the senate as follows:

(a) Seven county members, one each from each region comprising the seven regions in section 5(2) of this act;

(b) Seven city members, one each from each region comprising the seven regions in section 5(2) of this act;

(c) Five general members as follows: Two from the Washington state department of transportation, one from the office of financial management, one from the Public Ports Association, and one from a public transit agency; and

(d) Six members from the private sector.

(2) The board shall review plans developed by the state, county, and city governments to identify urban monitoring areas and determine compliance with congestion reduction goals of this chapter. The board may order changes in plans adopted by metropolitan planning organizations (MPO) and regional transportation planning organizations (RTPO) and a reallocation of funds distributed to MPOs and RTPOs by the federal government. A jurisdiction deemed not to be in compliance will have funds withheld from state and federal sources until the jurisdiction complies with the requirements of this chapter.

NEW SECTION. Sec. 4. On June 30, 2001, the transportation commission is abolished and control and administration of the department of transportation are placed under the governor as an executive agency. The appropriations and expenditure powers of the department are transferred to the congestion reduction board for surface transportation programs, and in respect to surface transportation programs, the department shall function as a planning and preservation and maintenance department. The surface transportation programs of the transportation improvement board, county road administration board, and freight mobility strategic investment board are consolidated within the congestion reduction board, and those powers are transferred to the congestion reduction board. Control of dedicated funding sources from the transportation improvement board and the county road administration board are transferred to the congestion reduction board.

NEW SECTION. Sec. 5. (1) Before the 2001 legislative session, the congestion reduction board will evaluate the state transportation plan and other plans as adopted by the transportation commission and department of transportation, local plans submitted through the transportation improvement board, the county road administration board, and the freight mobility strategic investment board, and transportation plans developed by metropolitan planning organizations and regional transportation planning organizations. The congestion reduction board will distinguish between those urban monitoring areas exceeding an established standard of congestion or delay and those not exceeding the standard. If the standard is based on the Texas Transportation Institute's travel rate index, the standard will be 1.15 (peak period travel times exceeding off-peak times by fifteen percent or more). If the congestion reduction board uses a delay per driver approach, the standard will be thirty annual hours of delay per driver. If the congestion reduction board uses the roadway congestion index, the standard will be an index of 1.0. Those urban monitoring areas exceeding the standard will be designated as "congested," and the congestion reduction board will submit an action plan to the legislature advocating solutions. For those urban monitoring areas not exceeding the standard, the congestion reduction board will highlight freeway/expressway and principal arterials that might exceed the standard by 2010 unless preemptive action is taken by state or local governments. For succeeding biennia, the congestion reduction board will monitor and update the plan as necessary.

(2) For the purpose of analysis, the urban monitoring areas of the state are classified as follows: (a) Puget Sound including areas within King, Pierce, Snohomish, and Kitsap counties; (b) Olympic region including Clallam, Jefferson, Grays Harbor, Mason, and Thurston counties; (c) Northwest region including Whatcom, Skagit, Island, and San Juan counties; (d) Southwest region including Clark, Cowlitz, Wahkiakum, Pacific, Lewis, Skamania, and Klickitat counties; (e) North central region including Okanogan, Chelan, Douglas, Grant, and Ferry counties; (f) South central region including Kittitas, Yakima, Benton, Franklin, Walla Walla, Columbia, Garfield, and Asotin counties; (g) Eastern region including Stevens, Pend Oreille, Lincoln, Spokane, Adams, and Whitman counties.

NEW SECTION. Sec. 6. Funds available for expenditure by the congestion reduction board under this chapter and apportioned to the seven regions of the state must be budgeted and spent, under proper appropriations, for specific highway or road improvement projects within the urban monitoring areas of each region in accordance with the guidelines. These expenditures in urban monitoring areas are in addition to expenditures from all other construction funds regularly programmed before the effective date of this section for highway improvements throughout the state under chapter 47.05 RCW.

NEW SECTION. Sec. 7. Funds available for expenditure by the congestion reduction board must be apportioned to the seven regions for expenditure upon freeways/expressways and local roads in the seven regions in a manner that accomplishes the overall objective of section 1 of this act. Necessary funds must be spent to achieve congestion reduction under the standard index regardless of the overall distribution of projected expenditures state-wide.

NEW SECTION. Sec. 8. Under this chapter, city and county governments shall dedicate required levels of expenditures to achieve congestion reduction on principal arterials, arterials, roads, and local highways under their jurisdiction in order to receive funds from state and federal sources for surface transportation programs including, but not limited to, transit, ferries, rail, bicycle, or any activity using state and local highway and road systems. In addition, metropolitan planning organizations distributing federal or other funds to city or county governments may not do so unless the congestion reduction board has declared the city or county government is in compliance with this chapter.

Sec. 9. RCW 43.17.020 and 1995 1st sp.s. c 2 s 2 are each amended to read as follows:

There shall be a chief executive officer of each department to be known as: (1) The secretary of social and health services, (2) the director of ecology, (3) the director of labor and industries, (4) the director of agriculture, (5) the director of fish and wildlife, (6) the secretary of transportation, (7) the director of licensing, (8) the director of general administration, (9) the director of community, trade, and economic development, (10) the director of veterans affairs, (11) the director of revenue, (12) the director of retirement systems, (13) the secretary of corrections, ((~~and~~)) (14) the secretary of health, and (15) the director of financial institutions.

Such officers, except ((~~the secretary of transportation and~~)) the director of fish and wildlife, shall be appointed by the governor, with the consent of the senate, and hold office at the pleasure of the governor. ((~~The secretary of transportation shall be appointed by the transportation commission as prescribed by RCW 47.01.041.~~)) The director of fish and wildlife shall be appointed by the fish and wildlife commission as prescribed by RCW 77.04.055.

Sec. 10. RCW 47.01.021 and 1977 ex.s. c 151 s 2 are each amended to read as follows:

As used in this title unless the context indicates otherwise:

(1) "Department" means the department of transportation created in RCW 47.01.031((;)).

(2) "Commission" means the secretary of transportation ((~~commission created in RCW 47.01.051;~~)) as provided for in RCW 47.01.041.

(3) "Secretary" means the secretary of transportation as provided for in RCW 47.01.041.

Sec. 11. RCW 47.01.031 and 1988 c 167 s 11 are each amended to read as follows:

(1) There is created a department of state government to be known as the department of transportation.

(2) All powers, duties, and functions vested by law in the department of highways, the state highway commission, the director of highways, the Washington toll bridge authority, the aeronautics commission, the director of aeronautics, and the canal commission, and the transportation related powers, duties, and functions of the planning and community affairs agency, are transferred to the jurisdiction of the department, except those powers, duties, and functions which are expressly directed elsewhere in this or in any other act of the 1977 legislature.

(3) The board of pilotage commissioners is transferred to the jurisdiction of the department for its staff support and administration: PROVIDED, That nothing in this section shall be construed as transferring any policy making powers of the board of pilotage commissioners to the ((~~transportation commission or the~~)) department of transportation.

Sec. 12. RCW 47.01.041 and 1983 1st ex.s. c 53 s 28 are each amended to read as follows:

The executive head of the department of transportation shall be the secretary of transportation, who shall be appointed by the ((~~transportation commission~~)) governor, and shall be paid a salary to be fixed by the governor in accordance with the provisions of RCW 43.03.040. ((The secretary shall be an ex officio member of the commission without a vote. The secretary shall be the chief executive officer of the commission and be responsible to it, and shall be guided by policies established by it.)) The secretary shall serve ((until removed by the commission, but only for incapacity, incompetence, neglect of duty, malfeasance in office, or failure to carry out the commission's policies. Before a motion for dismissal shall be acted on by the commission, the secretary shall be granted a hearing on formal written charges before the full commission. An action by the commission to remove the secretary shall be final)) at the pleasure of the governor.

Sec. 13. RCW 47.01.071 and 1981 c 59 s 2 are each amended to read as follows:

The ((~~transportation commission shall have~~)) secretary has the following functions, powers, and duties:

(1) To propose policies to be adopted by the legislature designed to assure the development and maintenance of a comprehensive and balanced state-wide transportation system which will meet the needs of the people of this state for safe and efficient transportation services. Wherever appropriate the policies shall provide for the use of integrated, intermodal transportation systems to implement the social, economic, and environmental policies, goals, and objectives of the people of the state, and especially to conserve nonrenewable natural resources including land and energy. To this end the ((~~commission~~)) secretary shall:

(a) Develop transportation policies which are based on the policies, goals, and objectives expressed and inherent in existing state laws;

(b) Inventory the adopted policies, goals, and objectives of the local and area-wide governmental bodies of the state and define the role of the state, regional, and local governments in determining transportation policies, in transportation planning, and in implementing the state transportation plan;

(c) Propose a transportation policy for the state, and after notice and public hearings, submit the proposal to the legislative transportation committee and the senate and house transportation committees by January 1, ((~~1978~~)) 2001, for consideration in the next legislative session;

(d) Establish a procedure for review and revision of the state transportation policy and for submission of proposed changes to the legislature;

(e) To integrate the state-wide transportation plan with the needs of the elderly and handicapped, and to coordinate federal and state programs directed at assisting local governments to answer such needs;

(2) To establish the policy of the department ((~~to be followed by the secretary~~)) on each of the following items:

(a) To provide for the effective coordination of state transportation planning with national transportation policy, state and local land use policies, and local and regional transportation plans and programs;

(b) To provide for public involvement in transportation designed to elicit the public's views both with respect to adequate transportation services and appropriate means of minimizing adverse social, economic, environmental, and energy impact of transportation programs;

(c) To provide for the administration of grants in aid and other financial assistance to counties and municipal corporations for transportation purposes;

(d) To provide for the management, sale, and lease of property or property rights owned by the department which are not required for transportation purposes;

(3) To ((~~direct the secretary to~~)) prepare ((~~and submit to the commission~~)) a comprehensive and balanced state-wide transportation plan which shall be based on the transportation policy adopted by the legislature and applicable state and federal laws. After public notice and hearings, the ((~~commission~~)) secretary shall adopt the plan and submit it to the legislative transportation committee and to the house and senate ((~~standing~~)) transportation committees ((~~on transportation~~)) before January 1, ((~~1980~~)) 2001, for consideration in the ((~~1980~~)) 2001 regular legislative session. The plan shall be reviewed and revised prior to each regular session of the legislature during an even-numbered year thereafter. ((~~A preliminary plan shall be submitted to such committees by January 1, 1979.~~))

The plan shall take into account federal law and regulations relating to the planning, construction, and operation of transportation facilities;

(4) ((To propose to the governor and the legislature prior to the convening of each regular session held in an odd-numbered year a recommended budget for the operations of the commission as required by RCW 47.01.061;

~~(5)~~)) To approve and propose to the governor and to the legislature prior to the convening of each regular session during an odd-numbered year a recommended budget for the operation of the department and for carrying out the program of the department for the ensuing biennium. The proposed budget shall separately state the appropriations to be made from the motor vehicle fund for highway purposes in accordance with constitutional limitations and appropriations and expenditures to be made from the general fund, or accounts thereof, and other available sources for other operations and programs of the department;

((~~(6)~~)) (5) To review and authorize all departmental requests for legislation;

((~~(7)~~)) (6) To approve the issuance and sale of all bonds authorized by the legislature for capital construction of state highways, toll facilities, Columbia Basin county roads (for which reimbursement to the motor vehicle fund has been provided), urban arterial projects, and aviation facilities;

((~~(8)~~)) (7) To adopt such rules((~~, regulations,~~)) and policy directives as may be necessary to carry out reasonably and properly those functions expressly vested in the ((~~commission~~)) secretary by statute;

((~~(9) To delegate any of its powers to the secretary of transportation whenever it deems it desirable for the efficient administration of the department and consistent with the purposes of this title;~~

~~(10)~~)) (8) To exercise such other specific powers and duties as may be vested in the ((~~transportation commission~~)) secretary by this or any other provision of law.

Sec. 14. RCW 47.01.101 and 1987 c 505 s 48 and 1987 c 179 s 1 are each reenacted and amended to read as follows:

The secretary shall ((~~have the authority and it shall be his or her duty~~)), subject to policy guidance from the ((~~commission~~)) congestion reduction board:

(1) ((To)) Serve as chief executive officer of the department with full administrative authority to direct all its activities;

(2) ((To)) Organize the department as he or she may deem necessary to carry out the work and responsibilities of the department effectively;

(3) ((To)) Designate and establish such transportation district or branch offices as may be necessary or convenient, and ((to)) appoint assistants and delegate any powers, duties, and functions to them or any officer or employee of the department as deemed necessary to administer the department efficiently;

(4) ((To)) Direct and coordinate the programs of the various divisions of the department to assure that they achieve the greatest possible mutual benefit, produce a balanced overall effort, and eliminate unnecessary duplication of activity;

(5) ((To)) Adopt all department rules that are subject to the adoption procedures contained in the state Administrative Procedure Act((~~, except rules subject to adoption by the commission pursuant to statute~~));

(6) ((To)) Maintain and safeguard the official records of the department((~~, including the commission's recorded resolutions and orders~~));

(7) ((~~To provide full staff support to the commission to assist it in carrying out its functions, powers, and duties and to~~)) Execute the policy established by the ((~~commission pursuant to its legislative authority~~)) congestion reduction board;

(8) ((To)) Execute and implement the biennial operating budget for the operation of the department in accordance with chapter 43.88 RCW and with legislative appropriation and, in such manner as prescribed therein, ((to)) make and report to the ((~~commission~~)) congestion reduction board and the chairs of the transportation committees of the senate and house of representatives, including one copy to the staff of each of the committees, deviations from the planned biennial category A and H highway construction programs necessary to adjust to unexpected delays or other unanticipated circumstances((.)); and

(9) ((To)) Exercise all other powers and perform all other duties as are now or hereafter provided by law.

Sec. 15. RCW 47.01.250 and 1998 c 245 s 92 are each amended to read as follows:

The chief of the Washington state patrol, the director of the traffic safety commission, the executive director of the county road administration board, and the director of licensing are designated as official consultants to the ((~~transportation commission~~)) secretary so that the goals and activities of their respective agencies which relate to transportation are fully coordinated with other related responsibilities of the department of transportation. In this capacity, the chief of the Washington state patrol, the director of the traffic safety commission, the executive director of the county road administration board, and the director of licensing shall consult with the ((~~transportation commission and the~~)) secretary of transportation on the implications and impacts on the transportation-related functions and duties of their respective agencies of any proposed comprehensive transportation plan, program, or policy.

In order to develop fully integrated, balanced, and coordinated transportation plans, programs, and budgets the chief of the Washington state patrol, the director of the traffic safety commission, the executive director of the county road administration board, and the director of licensing shall consult with the secretary of transportation on the matter of relative priorities during the development of their respective agencies' plans, programs, and budgets as they pertain to transportation activities.

NEW SECTION. Sec. 16. The following acts or parts of acts are each repealed:

(1) RCW 47.01.051 (Commission created--Appointment of members--Terms--Qualifications--Removal) and 1977 ex.s. c 151 s 5; and

(2) RCW 47.01.061 (Commission--Procedures and internal operations) and 1987 c 364 s 2, 1984 c 287 s 94, 1983 1st ex.s. c 53 s 29, 1981 c 59 s 1, & 1977 ex.s. c 151 s 6.

NEW SECTION. Sec. 17. The following acts or parts of acts are each repealed:

(1) RCW 47.05.010 (Declaration of purpose) and 1993 c 490 s 1, 1969 ex.s. c 39 s 1, & 1963 c 173 s 1;

(2) RCW 47.05.021 (Functional classification of highways) and 1998 c 245 s 95, 1998 c 171 s 5, 1993 c 490 s 2, 1987 c 505 s 50, 1979 ex.s. c 122 s 1, & 1977 ex.s. c 130 s 1;

(3) RCW 47.05.030 (Six-year programs--Investments, improvements, preservation) and 1998 c 171 s 6, 1993 c 490 s 3, 1987 c 179 s 2, 1979 ex.s. c 122 s 2, 1977 ex.s. c 151 s 44, 1975 1st ex.s. c 143 s 1, 1973 2nd ex.s. c 12 s 4, 1969 ex.s. c 39 s 3, 1965 ex.s. c 170 s 33, & 1963 c 173 s 3;

(4) RCW 47.05.035 (Allocation of funds, factors) and 1993 c 490 s 4, 1987 c 179 s 3, 1979 ex.s. c 122 s 3, & 1975 1st ex.s. c 143 s 2;

(5) RCW 47.05.051 (Six-year comprehensive investment program--Priority selection criteria--Improvement program criteria--Departure from criteria) and 1998 c 175 s 12, 1993 c 490 s 5, 1987 c 179 s 5, 1979 ex.s. c 122 s 5, & 1975 1st ex.s. c 143 s 4; and

(6) RCW 47.05.090 (Application of 1993 c 490--Deviations) and 1993 c 490 s 6.

NEW SECTION. Sec. 18. Sections 1 through 8 and 17 of this act take effect July 1, 2000. Sections 9 through 16 of this act take effect July 1, 2001.

NEW SECTION. Sec. 19. Sections 1 through 8 of this act constitute a new chapter in Title 47 RCW.

NEW SECTION. Sec. 20. This act may be known and cited as the Congestion Reduction Act of 2000.