BILL REQ. #:  H-1528.2 

Read first time 02/10/09.   Referred to Committee on Transportation.

     AN ACT Relating to improving access to facilities for persons with special transportation needs; amending RCW 47.06B.040 and 47.80.023; adding new sections to chapter 47.06B RCW; creating a new section; and providing a contingent effective date.

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

NEW SECTION.  Sec. 1   It is the intent of the legislature to provide more effective and efficient access to facilities and services that primarily serve clients with special transportation needs. The legislature recognizes that an important step in improving access is strengthening the link between facility siting determinations and decisions regarding transportation services provided to those facilities. It is the intent of the legislature to establish a coordinated effort, and to develop guidelines for both private and public entities, which results in improved access to medical, social, and human services facilities for persons with special transportation needs.

NEW SECTION.  Sec. 2   A new section is added to chapter 47.06B RCW to read as follows:
     (1) By January 1, 2010, the agency council on coordinated transportation must appoint a work group, chaired by the office of financial management, to develop criteria and guidelines described under section 3 of this act to ensure better coordination between the siting of state funded facilities, whether funded in part or in full, which employ or provide services to a high proportion of persons with special transportation needs, and access to those facilities by patrons of special needs transportation providers. For purposes of this section and section 3 of this act, "special needs transportation providers" includes public transportation agencies, private for-profit entities, private nonprofit entities, and civic and community-based organizations.
     (2) Membership of the work group includes, but is not limited to, one or more representatives from:
     (a) The departments of social and health services, health, general administration, employment security, transportation, and community, trade, and economic development;
     (b) The office of financial management;
     (c) The office of the superintendent of public instruction;
     (d) Public transit agencies;
     (e) Medicaid nonemergency medical transportation brokers;
     (f) Patrons of special needs transportation;
     (g) Appropriate care facility associations;
     (h) Counties and cities;
     (i) Regional transportation planning organizations; and
     (j) The agency council on coordinated transportation.
     (3) The work group must also consult with other persons who directly provide services to special needs transportation patrons, including drivers of special needs transportation vehicles and personal attendants.

NEW SECTION.  Sec. 3   A new section is added to chapter 47.06B RCW to read as follows:
     (1) In developing criteria and guidelines described under section 2 of this act, the work group established in section 2 of this act must consider, at minimum:
     (a) Transportation for persons with special needs as an element of facility predesign and modified predesign phases, as described under chapters 43.88 and 43.82 RCW, including whether this element should be included in the life-cycle cost analysis of such facilities;
     (b) The dependence of certain client populations and staff on special needs transportation services to access the facilities;
     (c) How the costs and convenience of transportation services for facility users is or should be taken into account when facilities are:
     (i) Established, contracted for, or are otherwise acquired or located; and
     (ii) Closed or divested;
     (d) Existing and planned public and private transportation options that provide service to such facilities;
     (e) Transportation options that compensate for a lack of public transportation to facilities, and costs related to those options;
     (f) Cost reduction strategies that address facilities sited outside of a public transit agency's service area;
     (g) The impact of statutory parking requirements for housing that primarily serves persons with special transportation needs on facility siting decisions;
     (h) The feasibility of allowing providers of special needs transportation services an opportunity to comment on the siting of such facilities in advance of siting determinations; and
     (i) When applicable, the available transportation resources that are part of the programs or services provided by a facility's occupant, lessee, or contracting party.
     (2) The work group must also identify, to the greatest extent possible, improvements to medical, social, and human services facilities that primarily serve persons with special transportation needs that would enhance accessibility to transportation services. Improvements may include, but are not limited to, accessible path of travel improvements.
     (3) By December 1, 2010, the work group must submit a report to the agency council on coordinated transportation, the governor, and appropriate committees of the legislature on the results of its efforts. The submission must be made electronically. Appropriate committees of the legislature include the transportation and human services committees of the house of representatives and the senate, the senate ways and means committee, and the capital budget and ways and means committees of the house of representatives. The report must explain the criteria and guidelines developed by the work group, and must include specific recommendations to improve access to facilities for persons with special transportation needs.

Sec. 4   RCW 47.06B.040 and 2007 c 421 s 4 are each amended to read as follows:
     (1) The agency council on coordinated transportation shall review and recommend certification of local plans developed by regional transportation planning organizations based on meeting federal requirements. Each regional transportation planning organization must submit to the council an updated plan that includes the elements, consistent with federal planning requirements, identified by the council beginning on July 1, 2007, and every four years thereafter. As part of the updated plan and subject to the legislature's adoption of recommendations described in section 2 of this act, beginning on July 1, 2011, the submission must include an element on the coordination between transportation services for persons with special transportation needs and existing and new locations of facilities serving persons with those special transportation needs.
     (2) Each regional transportation planning organization must submit to the council every two years a prioritized regional human service and transportation project list.

Sec. 5   RCW 47.80.023 and 2007 c 421 s 5 are each amended to read as follows:
     Each regional transportation planning organization shall have the following duties:
     (1) Prepare and periodically update a transportation strategy for the region. The strategy shall address alternative transportation modes and transportation demand management measures in regional corridors and shall recommend preferred transportation policies to implement adopted growth strategies. The strategy shall serve as a guide in preparation of the regional transportation plan.
     (2) Prepare a regional transportation plan as set forth in RCW 47.80.030 that is consistent with county-wide planning policies if such have been adopted pursuant to chapter 36.70A RCW, with county, city, and town comprehensive plans, and state transportation plans.
     (3) Certify by December 31, 1996, that the transportation elements of comprehensive plans adopted by counties, cities, and towns within the region reflect the guidelines and principles developed pursuant to RCW 47.80.026, are consistent with the adopted regional transportation plan, and, where appropriate, conform with the requirements of RCW 36.70A.070.
     (4) Where appropriate, certify that county-wide planning policies adopted under RCW 36.70A.210 and the adopted regional transportation plan are consistent.
     (5) Develop, in cooperation with the department of transportation, operators of public transportation services and local governments within the region, a six-year regional transportation improvement program which proposes regionally significant transportation projects and programs and transportation demand management measures. The regional transportation improvement program shall be based on the programs, projects, and transportation demand management measures of regional significance as identified by transit agencies, cities, and counties pursuant to RCW 35.58.2795, 35.77.010, and 36.81.121, respectively. The program shall include a priority list of projects and programs, project segments and programs, transportation demand management measures, and a specific financial plan that demonstrates how the transportation improvement program can be funded. The program shall be updated at least every two years for the ensuing six-year period.
     (6) Designate a lead planning agency to coordinate preparation of the regional transportation plan and carry out the other responsibilities of the organization. The lead planning agency may be a regional organization, a component county, city, or town agency, or the appropriate Washington state department of transportation district office.
     (7) Review level of service methodologies used by cities and counties planning under chapter 36.70A RCW to promote a consistent regional evaluation of transportation facilities and corridors.
     (8) Work with cities, counties, transit agencies, the department of transportation, and others to develop level of service standards or alternative transportation performance measures.
     (9) Submit to the agency council on coordinated transportation, as provided in chapter 47.06B RCW, beginning on July 1, 2007, and every four years thereafter, an updated plan that includes the elements identified by the council. As part of the updated plan and subject to the legislature's adoption of recommendations described in section 2 of this act, the submission must include an element on the coordination between transportation services for persons with special transportation needs and existing and new locations of facilities serving regional human services and other persons with special transportation needs. This element must take into account a review and comment process for transit agencies and other special needs transportation providers, on proposed locations for those facilities. While developing this element, the regional transportation planning organization must consult with community access managers as established in section 10, chapter . . ., Laws of 2009 (H-1531/09), transit agencies and other special transportation needs providers within the region, the appropriate local coordinating councils established in section 6, chapter . . ., Laws of 2009 (H-1531/09), and others, as appropriate. Each regional transportation planning organization must submit to the council every two years a prioritized regional human service and transportation project list.

NEW SECTION.  Sec. 6   Section 5 of this act takes effect if chapter . . ., Laws of 2009 (H-1531/09) is enacted into law.