5457-S.E AMH TR H2419.4

ESSB 5457  - H COMM AMD
     By Committee on Transportation

NOT ADOPTED 04/12/2011

     Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1   The legislature recognizes that public transportation provides many benefits to the citizens of the state and the environment, including through public transportation's ability to alleviate congestion and offset the burdens placed by general vehicular traffic on the state's transportation infrastructure. In these challenging economic times, many transit agencies find themselves struggling to continue to provide a level of service that reduces congestion.
     The legislature further recognizes that King county conducted a regional transit task force in 2010 that considered a policy framework for the potential future growth and, if necessary, contraction of King county's transit system. The task force members were selected to represent a broad diversity of interests and perspectives. The task force recommendations, which were unanimously accepted, addressed key elements, such as the adoption of performance measures, controlling operating costs, developing policy guidance for making service reductions, and clear and transparent guidelines for service allocation. As a result of the work done by the task force and King county's commitment to comply with the recommendations, it is the intent of the legislature that King county be provided the opportunity to impose a temporary congestion reduction charge, which is separate and distinct from the base motor vehicle license fee, that can help address its revenue shortfalls during this economic crisis and allow it to continue reducing congestion and the corresponding burdens placed on the highway system on some of the state's most crowded corridors.
     The legislature further recognizes the cuts, downsizing, and reductions in service that community transit has undertaken to date, including the suspension of service on Sundays and holidays. Community transit has also completed a six-year transit development plan for 2008-2013, and on March 3, 2011, adopted its first long-range transit plan setting strategic service, capital, and policy direction for the agency over the next twenty years through 2030. These efforts have been integrated with the Puget Sound regional council's transportation 2040 plan, sound transit's long-range plan, and Snohomish county's multimodal transportation vision. The long-range transit plan was developed through months of work with local jurisdictions; Snohomish county; other transit agencies; the Puget Sound regional council; the Washington state department of transportation; and workshops, forums, and focus groups with business leaders, riders, and local citizens. The long-range transit plan includes performance quidelines that set targets for each community transit route; informs local jurisdictions about the population densities, development patterns, and infrastructure that support effective transit service; and emphasizes the partnerships and coordinated planning needed to ensure that all agencies are working efficiently toward a common transportation vision. As a result of the work done by community transit to date, in contemplation of the creation of the congestion reduction and connectivity plan required by this act, and due to community transit's commitment to comply with the recommendations and requirements of the congestion reduction and connectivity plan, it is the intent of the legislature that community transit also be provided the opportunity to impose a temporary congestion reduction charge, which is separate and distinct from the base motor vehicle license fee, that can help address its revenue shortfalls during this economic crisis and allow it to continue reducing congestion and the corresponding burdens placed on the highway system on some of the state's most crowded corridors.

NEW SECTION.  Sec. 2   A new section is added to chapter 82.80 RCW to read as follows:
     (1)(a) Except as provided in subsection (2) of this section, the governing body of a county that has assumed the rights, powers, functions, and obligations of a metropolitan municipal corporation under chapter 36.56 RCW and is operating a public transportation system and the governing body of a public transportation benefit area located in a county with a population of more than six hundred thousand but fewer than seven hundred fifty thousand may impose, if approved by a majority of the voters within that county or a two-thirds majority of the governing body, an annual congestion reduction charge of up to twenty dollars per vehicle registered in the boundaries of the county for each vehicle subject to vehicle license fees under RCW 46.17.350(1) (a), (c), (d), (e), (g), (h), (j), (n), (o), (p), or (q) and for each vehicle subject to gross weight license fees under RCW 46.17.355 with an unladen weight of six thousand pounds or less.
     (b) Prior to the imposition of a congestion reduction charge authorized under (a) of this subsection, a governing body must complete a congestion reduction plan indicating the proposed expenditures of the proceeds of the congestion reduction charge.
     (c) If a governing body that imposes a congestion reduction charge authorized under (a) of this subsection completed a regional transit task force evaluating system improvements and efficiencies within two years prior to the imposition of the charge, the proceeds from the charge must be expended in a manner consistent with the recommendations of the regional transit task force.
     (d) If a governing body that imposes a congestion reduction charge authorized under (a) of this subsection did not complete a regional transit task force, prior to collecting the congestion reduction charge the governing body must:
     (i) Complete a congestion reduction and connectivity plan designed to reduce congestion on major transportation corridors and better connect the public transportation benefit area, state ferry terminals, and any other transit agencies located in the same county;
     (ii) Ensure that the congestion reduction and connectivity plan is consistent with the public transportation benefit area's existing transit development plan and long-range transit plan;
     (iii) Consult with the Washington state ferries, affected ferry riders, and any other transit agencies in the same county on the development of the congestion reduction and connectivity plan; and
     (iv) Convene a regional transit task force composed of citizens, elected officials, and community leaders to advise on the creation of the congestion reduction and connectivity plan.
     (e) A governing body required to complete a congestion reduction and connectivity plan pursuant to (d) of this subsection may not expend any of the revenue generated by the congestion reduction charge imposed under (a) of this subsection until after the congestion reduction and connectivity plan is completed and approved by the governing body and the director of the public transportation division of the Washington state department of transportation.
     (f) A governing body required to complete a congestion reduction and connectivity plan pursuant to (d) of this subsection must expend at least ten percent of the revenue generated by the congestion reduction charge imposed under (a) of this subsection to improve connectivity between the public transportation benefit area, state ferry terminals, and any other transit agencies located in the same county in a manner consistent with the congestion reduction and connectivity plan.
     (g) A governing body that imposes a congestion reduction charge authorized under (a) of this subsection must complete a report by July 1, 2012, detailing the expenditures of the proceeds of the congestion reduction charge through June 1, 2012.
     (h) A governing body that imposes a congestion reduction charge authorized under (a) of this subsection must complete a report by June 1, 2014, detailing the expenditures of the proceeds of the congestion reduction charge.
     (2) The governing body of a county that has assumed the rights, powers, functions, and obligations of a metropolitan municipal corporation under chapter 36.56 RCW and is operating a public transportation system and the governing body of a public transportation benefit area located in a county with a population of more than six hundred thousand but fewer than seven hundred fifty thousand may not impose a congestion reduction charge authorized under subsection (1)(a) of this section for a passenger-only ferry transportation improvement, unless the charge is first approved by a majority of the voters within that county.
     (3) The governing body of a county that has assumed the rights, powers, functions, and obligations of a metropolitan municipal corporation under chapter 36.56 RCW and is operating a public transportation system and the governing body of a public transportation benefit area located in a county with a population of more than six hundred thousand but fewer than seven hundred fifty thousand shall contract with the department of licensing as provided under section 3 of this act for the collection of the congestion reduction charge.
     (4) A congestion reduction charge imposed under this section may not be assessed until six months after approval.
     (5) A congestion reduction charge imposed under this section applies only for vehicle registration renewals and is effective upon the registration renewal date as provided by the department of licensing.
     (6) The following vehicles are exempt from the congestion reduction charge imposed under this section:
     (a) Farm tractors or farm vehicles as defined in RCW 46.04.180 and 46.04.181;
     (b) Off-road vehicles as defined in RCW 46.04.365;
     (c) Nonhighway vehicles as defined in RCW 46.09.310;
     (d) Vehicles registered under chapter 46.87 RCW and the international registration plan; and
     (e) Snowmobiles as defined in RCW 46.04.546.
     (7) The authority to impose a congestion reduction charge authorized in subsection (1)(a) of this section expires with vehicle registrations that expire two years after the imposition of the charge or no later than June 30, 2014, whichever comes first.
     (8) A congestion reduction charge authorized under subsection (1)(a) of this section may only be imposed after June 30, 2014, if approved by a majority of the voters within a county that has assumed the rights, powers, functions, and obligations of a metropolitan municipal corporation under chapter 36.56 RCW and is operating a public transportation system or a county with a population of more than six hundred thousand but fewer than seven hundred fifty thousand.
     (9) This section expires December 31, 2014.

NEW SECTION.  Sec. 3   A new section is added to chapter 46.68 RCW to read as follows:
     Whenever the department enters into a contract with the governing body of a county that has assumed the rights, powers, functions, and obligations of a metropolitan municipal corporation under chapter 36.56 RCW and is operating a public transportation system and the governing body of a public transportation benefit area located in a county with a population of more than six hundred thousand but fewer than seven hundred fifty thousand for the collection of congestion reduction charges authorized under section 2 of this act:
     (1) The contract must require that the governing body provide any information specified by the department to identify the vehicle owners who owe the congestion reduction charges, and must specify that it is the responsibility of the governing body to ensure that the congestion reduction charges are appropriately applied;
     (2) The department is not responsible for the collection of congestion reduction charges until a date agreed to by both parties as specified in the contract;
     (3) The department shall deduct a percentage amount as provided in the contract, not to exceed three percent of the charges collected, necessary to reimburse the department for the costs incurred for the collection of the congestion reduction charges; and
     (4) The department shall remit remaining proceeds to the custody of the state treasurer. The state treasurer shall distribute the proceeds to the governing body on a monthly basis.

NEW SECTION.  Sec. 4   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."

     Correct the title.

EFFECT:  Adds public transportation benefit areas in counties with a population of more than 600,000 and fewer than 750,000 to the entities allowed to impose a congestion reduction charge.
     Requires the governing body of a public transportation benefit area in such counties to: (1) Complete a congestion reduction and connectivity plan; (2) ensure that the congestion reduction and connectivity plan is consistent with the public transportation benefit area's existing transit development plan and long-range transit plan; (3) convene a regional task force to advise on the creation of the congestion reduction and connectivity plan; and (4) expend at least 10% of the proceeds of the congestion reduction charge in a manner consistent with the congestion reduction and connectivity plan.
     Prevents the expenditure of the proceeds of the congestion reduction charge until after the congestion reduction and connectivity plan is completed and approved by the governing body of the public transportation benefit area and the director of the public transportation division of the Washington State Department of Transportation.
     Adds an emergency clause to require the act to take effect immediately.

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