BP BHEAD INT S [atlas:bill]

AN ACT Relating to mobility enhancement; amending RCW 47.01.071, 47.05.010, 47.05.030, and 47.05.051; adding a new section to chapter 47.05 RCW; and adding a new chapter to Title 47 RCW.

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 worst 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/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 hereby refocuses the state-wide responsibilities under this chapter to a unified goal of reducing congestion by keying on the nature of delay. The plan devotes resources to reducing the index to a level that occurred circa 1980 for those noncompliance areas. For the Puget Sound area, this would equate to a congestion reduction of twenty-five percent from current levels and would reduce delay per person by approximately seventy percent. If measured by the current Texas transportation institute's delay per capita statistic, this act would require projects in Puget Sound that would reduce the fifty-four annual hours of delay per person in 1997 to approximately seventeen hours of delay per person.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Guidelines" means the criteria developed jointly by the respective state agencies and the legislature to accomplish the goals of this chapter.

(2) "Urban monitoring area" means every area in this state designated as an urban monitoring area by the transportation commission, transportation improvement board, county road administration board, freight mobility strategic investment board, or other state or local agency having jurisdiction over surface transportation projects.

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

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

(5) "Congestion index" means measures of performance as developed by the Texas transportation institute, or successor institution, using delay-based measures of performance (delay per driver) as specified below:

(a) Delay should be limited to automobiles and trucks on the system of freeways, expressways, and principal arterial; transit delay should be excluded since such measurement represents only a difference between scheduled times and actual times;

(b) Total delay should be a composite for all modes of travel using a base, for comparison, of automobile trip times under free flow conditions, as defined by the Texas transportation institute or successor institution;

(c) Delay should include both the daily, recurring delay resulting from congestion and incident delay resulting from accidents, temporary road closures, and other events;

(d) Delay should be measured on a per capita or per driver basis; and

(e) Delay should consider whole twenty-four hour daily periods.

NEW SECTION. Sec. 3. Prior to the 2001 legislative session, the transportation commission, transportation improvement board, county road administration board, and freight mobility strategic investment board shall apply formulae using the congestion index on a state-wide basis in respective transportation networks in order to determine traffic delay. In the case of urban monitoring areas, the formulae will place them in a noncompliance mode when the delay per driver reaches fifteen hours per person per year. For all other areas, any highway/expressway/principal arterial network carrying more than forty thousand vehicles per day would also become a noncompliance area when the delay per driver reaches fifteen hours per person per year. For succeeding biennia, state and local agencies shall monitor and update the plan as necessary.

NEW SECTION. Sec. 4. Upon a determination of noncompliance, state and local agencies shall develop plans to reduce the delay per driver to compliance levels. Such plans must be the first priority of existing federal, state, and local revenue sources.

NEW SECTION. Sec. 5. For the purposes of this chapter, urban monitoring areas of the state are classified as follows:

(1) Puget Sound including areas within King, Pierce, Snohomish, and Kitsap counties;

(2) Olympic region including Clallam, Jefferson, Grays Harbor, Mason, and Thurston counties;

(3) Northwest region including Whatcom, Skagit, Island, and San Juan counties;

(4) Southwest region including Clark, Cowlitz, Wahkiakum, Pacific, Lewis, Skamania, and Klickitat counties;

(5) North central region including Okanogan, Chelan, Douglas, Grant, and Ferry counties;

(6) South central region including Kittitas, Yakima, Benton, Franklin, Walla Walla, Columbia, Garfield, and Asotin counties; and

(7) Eastern region including Stevens, Pend Oreille, Lincoln, Spokane, Adams, and Whitman counties.

NEW SECTION. Sec. 6. Funds available for expenditure by state and local government pursuant to this chapter and apportioned to the seven regions of the state must be budgeted and expended, pursuant to proper appropriation, for specific highway/road improvement projects within the urban monitoring areas of each region in accordance with the guidelines. Such expenditures in urban monitoring areas may be additional to expenditures from all other construction funds regularly programmed prior to the effective date of this act for highway improvements throughout the state pursuant to chapter 47.05 RCW.

NEW SECTION. Sec. 7. Pursuant to the guidelines, funds available for expenditure must be apportioned to the seven regions for expenditure upon highways/expressways, principal arterial, and local roads in the seven regions in a manner that accomplishes the overall objectives of this chapter. Necessary funds must be expended to achieve congestion reduction under the congestion index approach as defined in this chapter regardless of the overall distribution of projected expenditures state-wide.

NEW SECTION. Sec. 8. A new section is added to chapter 47.05 RCW to read as follows:

The transportation improvement board, county road administration board, and freight mobility strategic investment board shall prepare plans of implementation and remediation by reviewing local surface transportation plans where noncompliance under section 3 of this act has occurred.

Sec. 9. RCW 47.01.071 and 1981 c 59 s 2 are each amended to read as follows:

The transportation commission shall have 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 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, 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 comply with chapter 47.-- RCW (sections 1 through 7 of this act) and be based on the transportation policy adopted by the legislature and applicable state and federal laws. After public notice and hearings, the commission shall adopt the plan and submit it to the legislative transportation committee and to the house and senate standing committees on transportation before January 1, 1980, for consideration in the 1980 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) To review and authorize all departmental requests for legislation;

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

Sec. 10. RCW 47.05.010 and 1993 c 490 s 1 are each amended to read as follows:

The legislature finds that solutions to state highway deficiencies have become increasingly complex and diverse and that anticipated transportation revenues will fall substantially short of the amount required to satisfy all transportation needs. Difficult investment trade-offs will be required.

It is the intent of the legislature that investment of state transportation funds to address deficiencies on the state highway system be based on a policy of priority programming having as its basis the rational selection of projects and services according to factual need and an evaluation of life cycle costs and benefits and which are systematically scheduled to carry out defined objectives within available revenue.

The priority programming system shall comply with chapter 47.-- RCW (sections 1 through 7 of this act), ensure preservation of the existing state highway system, provide mobility for people and goods, support the state's economy, and promote environmental protection and energy conservation.

The priority programming system shall implement the state-owned highway component of the state-wide multimodal transportation plan, consistent with local and regional transportation plans, by targeting state transportation investment to appropriate multimodal solutions which address identified state highway system deficiencies.

The priority programming system for improvements shall incorporate a broad range of solutions that are identified in the state-wide multimodal transportation plan as appropriate to address state highway system deficiencies including but not limited to highway expansion, efficiency improvements, nonmotorized transportation facilities, high occupancy vehicle facilities, transit facilities and services, rail facilities and services, and transportation demand management programs.

Sec. 11. RCW 47.05.030 and 1998 c 171 s 6 are each amended to read as follows:

The transportation commission shall adopt a comprehensive six-year investment program specifying program objectives and performance measures for the preservation and improvement programs defined in this section. In the specification of investment program objectives and performance measures, the transportation commission, in consultation with the Washington state department of transportation, shall define and adopt standards for effective programming and prioritization practices including a needs analysis process. The needs analysis process shall ensure compliance with chapter 47.-- RCW (sections 1 through 7 of this act), the identification of problems and deficiencies, the evaluation of alternative solutions and trade-offs, and estimations of the costs and benefits of prospective projects. The investment program shall be revised biennially, effective on July 1st of odd-numbered years. The investment program shall be based upon the needs identified in the state-owned highway component of the state-wide multimodal transportation plan as defined in RCW 47.01.071(3).

(1) The preservation program shall consist of those investments necessary to preserve the existing state highway system and to restore existing safety features, giving consideration to lowest life cycle costing. The comprehensive six-year investment program for preservation shall identify projects for two years and an investment plan for the remaining four years.

(2) The improvement program shall consist of investments needed to address identified deficiencies on the state highway system to improve mobility, safety, support for the economy, and protection of the environment. The six-year investment program for improvements shall identify projects for two years and major deficiencies proposed to be addressed in the six-year period giving consideration to relative benefits and life cycle costing. The transportation commission shall give higher priority for correcting identified deficiencies on those facilities classified as facilities of state-wide significance as defined in RCW 47.06.140.

The transportation commission shall approve and present the comprehensive six-year investment program to the legislature in support of the biennial budget request under RCW 44.40.070 and 44.40.080.

Sec. 12. RCW 47.05.051 and 1998 c 175 s 12 are each amended to read as follows:

The comprehensive six-year investment program shall be based upon the needs identified in the state-owned highway component of the state-wide multimodal transportation plan as defined in RCW 47.01.071(3) and priority selection systems that incorporate the following criteria:

(1) Priority programming for the preservation program shall take into account the following, not necessarily in order of importance:

(a) Extending the service life of the existing highway system;

(b) Ensuring the structural ability to carry loads imposed upon highways and bridges; and

(c) Minimizing life cycle costs. The transportation commission in carrying out the provisions of this section may delegate to the department of transportation the authority to select preservation projects to be included in the six-year program.

(2) Priority programming for the improvement program shall take into account the following:

(a) Support for the state's economy, including job creation and job preservation;

(b) The cost-effective movement of people and goods;

(d) Protection of the state's natural environment;

(e) Continuity and systematic development of the highway transportation network;

(f) Consistency with local comprehensive plans developed under chapter 36.70A RCW;

(g) Consistency with regional transportation plans developed under chapter 47.80 RCW;

(h) Public views concerning proposed improvements;

(i) The conservation of energy resources;

(j) Feasibility of financing the full proposed improvement;

(k) Commitments established in previous legislative sessions;

(l) Relative costs and benefits of candidate programs;

(m) Major projects addressing capacity deficiencies which prioritize allowing for preliminary engineering shall be reprioritized during the succeeding biennium, based upon updated project data. Reprioritized projects may be delayed or canceled by the transportation commission if higher priority projects are awaiting funding; and

(n) Major project approvals which significantly increase a project's scope or cost from original prioritization estimates shall include a review of the project's estimated revised priority rank and the level of funding provided. Projects may be delayed or canceled by the transportation commission if higher priority projects are awaiting funding.

(3) The commission may depart from the priority programming established under subsections (1) and (2) of this section: (a) To comply with chapter 47.-- RCW (sections 1 through 7 of this act); (b) to the extent that otherwise funds cannot be utilized feasibly within the program; ((~~(b)~~)) (c) as may be required by a court judgment, legally binding agreement, or state and federal laws and regulations; ((~~(c)~~)) (d) as may be required to coordinate with federal, local, or other state agency construction projects; ((~~(d)~~)) (e) to take advantage of some substantial financial benefit that may be available; ((~~(e)~~)) (f) for continuity of route development; or ((~~(f)~~)) (g) because of changed financial or physical conditions of an unforeseen or emergent nature. The commission or secretary of transportation shall maintain in its files information sufficient to show the extent to which the commission has departed from the established priority.

(4) The commission shall identify those projects that yield freight mobility benefits or that alleviate the impacts of freight mobility upon affected communities.

NEW SECTION. Sec. 13. Sections 1 through 7 of this act constitute a new chapter in Title 47 RCW.