1382 AMH ARMS H2056.1

HB 1382  - H AMD164
     By Representative Armstrong

FAILED 03/05/2011

     Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1   It is the intent of the legislature to improve mobility for people and goods by maximizing the effectiveness of the freeway system. The ability of the state to provide an efficient transportation system will be enhanced by a public-private partnership in which private entities undertake the study, planning, design, development, acquisition, installation, construction, or improvement of existing transportation systems. A public-private partnership using toll lanes is one approach for generating funds to improve the Interstate 405 and state route number 167 corridor. The legislature acknowledges that as one of the most congested freeway sections in the state, the Interstate 405 and state route number 167 corridor serves as an ideal candidate for the use of a public-private partnership.
     Therefore, it is the intent of the legislature to direct the department of transportation to explore improving the movement of vehicles and people through the use of a public-private partnership on Interstate 405 between the city of Bellevue on the north end and state route number 167 on the south end and to determine the feasibility of financing capacity improvements through tolls.

NEW SECTION.  Sec. 2   A new section is added to chapter 47.56 RCW under the subchapter heading "toll facilities created after July 1, 2008" to read as follows:
     (1) The department shall conduct a traffic and revenue analysis that would be informative to potential partners in a public-private partnership with the goal of completing planned throughput and capacity improvements on state route number 167 and Interstate 405. Information included in the analysis must help evaluate the viability of a public- private partnership model for completing improvements to state route number 167 and Interstate 405 that will most effectively improve congestion and provide reliable travel times. The department shall also develop a corridor-wide project management plan to develop a strategy for phasing the completion of improvements in the Interstate 405 and state route number 167 corridor.
     (2) The department shall use the information from the traffic and revenue analysis and the corridor-wide project management plan to develop a finance plan to fund improvements in the Interstate 405 and state route number 167 corridor. The department must include the following elements in the finance plan:
     (a) Current state and federal funding contributions for projects in the Interstate 405 and state route number 167 corridor;
     (b) A potential future state and federal funding contribution to leverage toll revenues;
     (c) Financing mechanisms to optimize the revenue available for capacity improvements including, but not limited to, using the full faith and credit of the state; and
     (d) Private financing to further state and federal funding contributions.
     (3) The department must consult with a committee consisting of local and state elected officials from the Interstate 405 and state route number 167 corridor and representatives from the transit agencies that operate in the Interstate 405 and state route number 167 corridor while developing the traffic and revenue analysis and finance plan.
     (4) The department must provide the traffic and revenue analysis plan and finance plan to the governor and the legislature by January 2012.

NEW SECTION.  Sec. 3   A new section is added to chapter 46.68 RCW to read as follows:
     (1) The Interstate 405 toll lanes account is created in the motor vehicle fund in the state treasury. Money in the account may be spent only after appropriation. Expenditures from the account must be used only for the improvements specified in a public-private partnership agreement for projects on the Interstate 405 corridor.
     (2) Deposits to the account must include:
     (a) All proceeds of bonds issued for construction of Interstate 405 improvements, including any capitalized interest;
     (b) All of the tolls and other revenues received from the operation of Interstate 405 as a toll facility when authorized by the legislature, to be deposited at least monthly;
     (c) Any interest that may be earned from the deposit or investment of those revenues;
     (d) Notwithstanding RCW 47.12.063, proceeds from the sale of any surplus real property acquired for the Interstate 405 corridor improvement program; and
     (e) All damages, liquidated or otherwise, collected under any contract involving the Interstate 405 corridor improvement program.

Sec. 4   RCW 43.84.092 and 2010 1st sp.s. c 30 s 20, 2010 1st sp.s. c 9 s 7, 2010 c 248 s 6, 2010 c 222 s 5, 2010 c 162 s 6, and 2010 c 145 s 11 are each reenacted and amended to read as follows:
     (1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.
     (2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act. The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection. Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.
     (3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.
     (4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:
     (a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period: The aeronautics account, the aircraft search and rescue account, the budget stabilization account, the capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the cleanup settlement account, the Columbia river basin water supply development account, the common school construction fund, the county arterial preservation account, the county criminal justice assistance account, the county sales and use tax equalization account, the deferred compensation administrative account, the deferred compensation principal account, the department of licensing services account, the department of retirement systems expense account, the developmental disabilities community trust account, the drinking water assistance account, the drinking water assistance administrative account, the drinking water assistance repayment account, the Eastern Washington University capital projects account, the education construction fund, the education legacy trust account, the election account, the energy freedom account, the energy recovery act account, the essential rail assistance account, The Evergreen State College capital projects account, the federal forest revolving account, the ferry bond retirement fund, the freight congestion relief account, the freight mobility investment account, the freight mobility multimodal account, the grade crossing protective fund, the public health services account, the health system capacity account, the high capacity transportation account, the state higher education construction account, the higher education construction account, the highway bond retirement fund, the highway infrastructure account, the highway safety account, the high occupancy toll lanes operations account, the hospital safety net assessment fund, the industrial insurance premium refund account, the Interstate 405 toll lanes account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the marine resources stewardship trust account, the medical aid account, the mobile home park relocation fund, the motor vehicle fund, the motorcycle safety education account, the multiagency permitting team account, the multimodal transportation account, the municipal criminal justice assistance account, the municipal sales and use tax equalization account, the natural resources deposit account, the oyster reserve land account, the pension funding stabilization account, the perpetual surveillance and maintenance account, the public employees' retirement system plan 1 account, the public employees' retirement system combined plan 2 and plan 3 account, the public facilities construction loan revolving account beginning July 1, 2004, the public health supplemental account, the public transportation systems account, the public works assistance account, the Puget Sound capital construction account, the Puget Sound ferry operations account, the Puyallup tribal settlement account, the real estate appraiser commission account, the recreational vehicle account, the regional mobility grant program account, the resource management cost account, the rural arterial trust account, the rural Washington loan fund, the site closure account, the small city pavement and sidewalk account, the special category C account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the state patrol highway account, the state route number 520 civil penalties account, the state route number 520 corridor account, the supplemental pension account, the Tacoma Narrows toll bridge account, the teachers' retirement system plan 1 account, the teachers' retirement system combined plan 2 and plan 3 account, the tobacco prevention and control account, the tobacco settlement account, the transportation 2003 account (nickel account), the transportation equipment fund, the transportation fund, the transportation improvement account, the transportation improvement board bond retirement account, the transportation infrastructure account, the transportation partnership account, the traumatic brain injury account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the urban arterial trust account, the volunteer firefighters' and reserve officers' relief and pension principal fund, the volunteer firefighters' and reserve officers' administrative fund, the Washington judicial retirement system account, the Washington law enforcement officers' and firefighters' system plan 1 retirement account, the Washington law enforcement officers' and firefighters' system plan 2 retirement account, the Washington public safety employees' plan 2 retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington state health insurance pool account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving fund, and the Western Washington University capital projects account. Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts.
     (b) Any state agency that has independent authority over accounts or funds not statutorily required to be held in the state treasury that deposits funds into a fund or account in the state treasury pursuant to an agreement with the office of the state treasurer shall receive its proportionate share of earnings based upon each account's or fund's average daily balance for the period.
     (5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section."

     Correct the title.

EFFECT:  (1) Replaces the intent section with a revised intent section.
     (2) Removes the authorization for tolling on a certain section of Interstate 405 and removes the authorization for the Department of Transportation to construct and operate express toll lanes on a certain section of Interstate 405.
     (3) Removes all criteria and requirements related to setting tolls on the express toll lanes, monitoring the express toll lanes project, the definition for the express toll lanes, and the penalty for violation of the lane restrictions on the express toll lanes.
     (4) Revises the traffic and revenue analysis and the project management plan required of the Department of Transportation from analysis on a forty-mile continuous express toll lane system that includes SR 167 and Interstate 405 to an analysis on capacity improvements on SR 167 and Interstate 405 that would be informative to potential partners in a public-private partnership.
     (5) Revises the finance plan required of the Department of Transportation and requires the plan to include private financing to further state and federal funding contributions.
     (6) Removes the eastside corridor express toll lanes operations account and creates the Interstate 405 toll lanes account in the motor vehicle fund.

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