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ENGROSSED SUBSTITUTE HOUSE BILL 2190
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State of Washington62nd Legislature2012 Regular Session

By House Transportation (originally sponsored by Representatives Clibborn, Armstrong, Billig, and Hargrove; by request of Governor Gregoire)

READ FIRST TIME 02/21/12.   



     AN ACT Relating to transportation funding and appropriations; amending RCW 43.19.642 and 46.44.0915; amending 2011 c 367 ss 101, 103, 105, 106, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 401, 402, 403, 404, 405, 406, 407, 502, 503, 505, 601, and 603 (uncodified); adding new sections to 2011 c 367 (uncodified); repealing 2011 1st sp.s. c 50 ss 718, 719, 720, and 721 (uncodified); making appropriations and authorizing expenditures for capital improvements; and declaring an emergency.

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

2011-2013 FISCAL BIENNIUM
GENERAL GOVERNMENT AGENCIES -- OPERATING

Sec. 101   2011 c 367 s 101 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . (($430,000))
       $415,000

     The appropriation in this section is subject to the following conditions and limitations: The entire appropriation is provided solely for staffing costs to be dedicated to state transportation activities. Staff hired to support transportation activities must have practical experience with complex construction projects.

Sec. 102   2011 c 367 s 103 (uncodified) is amended to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($2,216,000))
       $1,727,000
Puget Sound Ferry Operations Account -- State
     Appropriation . . . . . . . . . . . . (($4,624,000))
       $1,260,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($6,840,000))
       $2,987,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) The office of financial management, in consultation with the transportation committees of the legislature, shall conduct a budget evaluation study for the new traffic management center proposed by the department of transportation. The study must consider data resulting from the plan identified in section 604 of this act. The budget evaluation study team approach using value engineering techniques must be utilized by the office of financial management in conducting the study. The office of financial management shall select the budget evaluation study team members, contract for the study, and report the results to the transportation committees of the legislature and the department of transportation in a timely manner following the study. Options reviewed must include use of existing facilities, including the Wheeler building data center in Olympia. Funds allocated for the new traffic management center must be used by the office of financial management through an interagency agreement with the department of transportation to cover the cost of the study.
     (2) (($4,480,000 of the Puget Sound ferry operations account--state appropriation is provided solely for marine insurance. The appropriation is intended to fully fund a two-year policy, and the office of financial management shall increase the deductible to $10,000,000 and reduce components of the policy in order to keep the total cost of the two-year policy at or below the appropriation in this subsection.
     (5)
)) $1,116,000 of the Puget Sound ferry operations account--state appropriation is provided solely for marine insurance. The amount in this subsection as well as the amount in section 103(2) of this act is intended to fully fund a two-year policy. For fiscal year 2012, the office of financial management shall increase the deductible to ten million dollars and reduce components of the policy in order to keep the total cost of the two-year policy at or below the appropriation in this subsection and section 103(2) of this act.
     (3)
$840,000 of the motor vehicle account--state appropriation is provided out of funds set aside out of statewide fuel taxes distributed to counties according to RCW 46.68.120(3) solely for the office of financial management to contract with the Washington state association of counties to identify, evaluate, and implement performance measures associated with county transportation activities. The performance measures must include, at a minimum, those related to safety, system preservation, mobility, environmental protection, and project completion. A report on the county transportation performance implementation project must be provided to the transportation committees of the legislature by December 31, 2012.
     (((6))) (4) $169,000 of the motor vehicle account--state appropriation is provided solely for the office of regulatory assistance integrated permitting project.
     (((7))) (5) $40,000 of the Puget Sound ferry operations account--state appropriation is provided solely for the state's share of the marine salary survey.
     (((8))) (6) The office of financial management shall study the available data regarding statewide transit, bicycle, and pedestrian trips and recommend additional performance measures that will effectively measure the state's performance in increasing transit ridership and bicycle and pedestrian trips. The office of financial management shall report its findings and recommendations to the transportation committees of the legislature by November 15, 2011, and integrate the new performance measures into the report prepared by the office of financial management pursuant to RCW 47.04.280 regarding progress towards achieving Washington state's transportation system policy goals.

NEW SECTION.  Sec. 103   A new section is added to 2011 c 367 (uncodified) to read as follows:
FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . $462,000
Puget Sound Ferry Operations Account--State
     Appropriation . . . . . . . . . . . . $3,360,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $3,822,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $462,000 of the motor vehicle account--state appropriation is provided solely for the transportation executive management system.
     (2) $3,360,000 of the Puget Sound ferry operations account--state appropriation is provided solely for marine insurance. The amount in this subsection as well as the amount in section 102(2) of this act is intended to fully fund a two-year policy. For fiscal year 2013, the department of enterprise services shall increase the deductible to ten million dollars and reduce components of the policy in order to keep the total cost of the two-year policy at or below the appropriation in this subsection and section 102(2) of this act.

NEW SECTION.  Sec. 104   A new section is added to 2011 c 367 (uncodified) to read as follows:
FOR THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
Puget Sound Ferry Operations Account -- State
     Appropriation . . . . . . . . . . . . $75,000

     The appropriation in this section is subject to the following conditions and limitations: $75,000 of the Puget Sound ferry operations account--state appropriation is provided solely for implementing chapter 16, Laws of 2011 1st sp. sess. (Washington state ferry system). $43,200 of the appropriation is provided solely for closing out the marine employees' commission lease agreement in fiscal year 2012, and the remainder of the appropriation is provided solely for costs associated with marine employees' commission commissioner payments and travel.

Sec. 105   2011 c 367 s 105 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF AGRICULTURE
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($1,210,000))
       $1,183,000

     The appropriation in this section is subject to the following conditions and limitations:
     (1) $351,000 of the motor vehicle account -- state appropriation is provided solely for costs associated with the motor fuel quality program.
     (2) $686,000 of the motor vehicle account--state appropriation is provided solely to test the quality of biofuel. The department must test fuel quality at the biofuel manufacturer, distributor, and retailer.

Sec. 106   2011 c 367 s 106 (uncodified) is amended to read as follows:
FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($513,000))
       $492,000

TRANSPORTATION AGENCIES -- OPERATING

Sec. 201   2011 c 367 s 201 (uncodified) is amended to read as follows:
FOR THE WASHINGTON TRAFFIC SAFETY COMMISSION
Highway Safety Account -- State Appropriation . . . . . . . . . . . . (($3,003,000))
       $2,982,000
Highway Safety Account -- Federal Appropriation . . . . . . . . . . . . (($42,625,000))
       $42,502,000
Highway Safety Account--Private/Local Appropriation . . . . . . . . . . . . $50,000
School Zone Safety Account -- State Appropriation . . . . . . . . . . . . $3,340,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($49,018,000))
       $48,874,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $1,673,900 of the highway safety account--federal appropriation is provided solely for the conclusion of the target zero trooper pilot program, which the commission has developed and implemented in collaboration with the Washington state patrol. The pilot program must continue to demonstrate the effectiveness of intense, high visibility, driving under the influence enforcement in Washington. The commission shall continue to apply to the national highway traffic safety administration for federal highway safety grants to cover the cost of the pilot program. State funding is provided in section 207 of this act for the state patrol to continue the target zero trooper program in fiscal year 2013.
     (2) The commission may oversee pilot projects implementing the use of automated traffic safety cameras to detect speed violations within cities west of the Cascade mountains that have a population over one hundred ninety-five thousand. For the purposes of pilot projects in this subsection, no more than one automated traffic safety camera may be used to detect speed violations within any one jurisdiction.
     (a) The commission shall comply with RCW 46.63.170 in administering the pilot projects.
     (b) In order to ensure adequate time in the 2011-2013 fiscal biennium to evaluate the effectiveness of the pilot projects, any projects authorized by the commission must be authorized by December 31, 2011.
     (c) By January 1, 2013, the commission shall provide a report to the legislature regarding the use, public acceptance, outcomes, and other relevant issues regarding automated traffic safety cameras demonstrated by the pilot projects.
     (3) $460,000 of the highway safety account--state appropriation is provided solely for the implementation of chapter ... (Engrossed Second Substitute House Bill No. 1789), Laws of 2011 (addressing DUI accountability). If chapter ... (Engrossed Second Substitute House Bill No. 1789), Laws of 2011 is not enacted by June 30, 2011, the amount provided in this subsection lapses.
     (4) The commission shall conduct a review of the literature on potential safety benefits realized from drivers using their headlights and windshield wipers simultaneously and shall report to the transportation committees of the legislature by December 1, 2011.
     (5) $22,000,000 of the highway safety account--federal appropriation is provided solely for federal funds that may be obligated to the commission pursuant to 23 U.S.C. Sec. 164 during the 2011-2013 fiscal biennium.

Sec. 202   2011 c 367 s 202 (uncodified) is amended to read as follows:
FOR THE COUNTY ROAD ADMINISTRATION BOARD
Rural Arterial Trust Account -- State Appropriation . . . . . . . . . . . . (($948,000))
       $914,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($2,161,000))
       $2,086,000
County Arterial Preservation Account -- State
     Appropriation . . . . . . . . . . . . (($1,480,000))
       $1,426,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($4,589,000))
       $4,426,000

     The appropriations in this section are subject to the following conditions and limitations: The county road administration board shall submit a report to the transportation committees of the legislature by December 1, 2011, on the implementation of the recommendations that resulted from the evaluation of efficiencies in the delivery of transportation funding and services to local governments that was required under section 204(8), chapter 247, Laws of 2010. The report must include a description of how recommendations were implemented, what efficiencies were achieved, and an explanation of any recommendations that were not implemented.

Sec. 203   2011 c 367 s 203 (uncodified) is amended to read as follows:
FOR THE TRANSPORTATION IMPROVEMENT BOARD
Transportation Improvement Account -- State
     Appropriation . . . . . . . . . . . . (($3,707,000))
       $3,621,000

     The appropriation in this section is subject to the following conditions and limitations: The transportation improvement board shall submit a report to the transportation committees of the legislature by December 1, 2011, on the implementation of the recommendations that resulted from the evaluation of efficiencies in the delivery of transportation funding and services to local governments that was required under section 204(8), chapter 247, Laws of 2010. The report must include a description of how recommendations were implemented, what efficiencies were achieved, and an explanation of any recommendations that were not implemented.

Sec. 204   2011 c 367 s 204 (uncodified) is amended to read as follows:
FOR THE JOINT TRANSPORTATION COMMITTEE
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($2,060,000))
       $1,978,000

     The appropriation in this section is subject to the following conditions and limitations:
     (1) $200,000 of the motor vehicle account--state appropriation is for a study of Washington state ferries fares that recommends the most appropriate fare media for use with the reservation system and the implementation of demand management pricing and interoperability with other payment methods. The study must include direct collaboration with transportation commission members.
     (((3))) (2) $200,000 of the motor vehicle account--state appropriation is from the cities statewide fuel tax distributions under RCW 46.68.110(2) for the joint transportation committee to study and make recommendations on RCW 90.03.525. The study must include: (a) An inventory of state highways subject to the federal clean water act (40 C.F.R. Parts 122 through 124) (national pollutant discharge elimination system) that are within city boundaries; (b) a survey of cities that impose storm water fees or charges to the department of transportation, or otherwise manage storm water runoff from state highways within their jurisdiction; (c) case studies from a representative cross-section of cities on how the department and cities have used RCW 90.03.525; and (d) recommendations on how to achieve efficiencies in the cost and management of state highway storm water runoff within cities under RCW 90.03.525.
     (((4))) (3) $425,000 of the motor vehicle account--state appropriation is for the joint transportation committee to conduct a study to evaluate the potential for financing state transportation projects using public-private partnerships. The study must compare the costs, advantages, and disadvantages of various forms of public-private partnerships with conventional financing. Projects to be evaluated include Interstate 405, state route number 509, state route number 167, the Columbia River crossing, and the Monroe bypass. At a minimum, the study must identify the public interest in the financing and construction of transportation projects, the public interest in the operation of transportation projects, and the provisions in public-private partnership agreements that best protect the public interest. To the extent possible, the study must identify the lowest-cost and best-value model for each project that best protects the public interest. In addition, the study must evaluate whether public-private partnerships serve the defined public interest including, but not limited to, the advantage and disadvantage of risk allocation, the effects of private versus public financing on the state's bonding capacity, the state's ability to retain public ownership of the asset, the process that would allow for the most transparency during the negotiation of terms of a public-private partnership agreement, and the state's ability to oversee the private entity's management of the asset. The study must identify any barriers to the implementation of funding models that best protect the public interest, including statutory and constitutional barriers. The committee shall issue a report of its evaluation to the house of representatives and senate transportation committees by December 16, 2011.
     (((5))) (4) $100,000 of the motor vehicle account--state appropriation is for an investigation of the use of liquid natural gas on existing Washington state ferry vessels as well as the 144-car class vessels and report to the legislature by December 31, 2011.
     (5) The Columbia River Crossing bridge project is a major initiative to address congestion problems on I-5 between Portland, Oregon and Vancouver, Washington that requires support by not only the governors of both states but the legislatures as well. The joint transportation committee must convene a subcommittee for legislative oversight of the I-5/Columbia River Crossing bridge replacement project. The Columbia River Crossing legislative oversight subcommittee will be made up of six members, two appointed by the chair and ranking member of the senate transportation committee, two appointed by the chair and ranking member of the house of representatives transportation committee, one designee of the governor, and one citizen jointly appointed by the four members of the joint transportation executive committee. The citizen appointee must be a Washington state resident of the area served by the bridge. At least two of the legislative members must be from the legislative districts served by the bridge. In addition to reviewing project and financing information, the subcommittee must also coordinate with the Oregon legislative oversight committee for the Columbia River Crossing bridge.

Sec. 205   2011 c 367 s 205 (uncodified) is amended to read as follows:
FOR THE TRANSPORTATION COMMISSION
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($2,142,000))
       $2,866,000
Multimodal Transportation Account -- State Appropriation . . . . . . . . . . . . $112,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($2,254,000))
       $2,978,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) Consistent with RCW 43.135.055, 47.60.290, and 47.60.315, during the 2011-2013 fiscal biennium, the legislature authorizes the transportation commission to periodically review and, if necessary, adjust the schedule of fares for the Washington state ferry system only in amounts not greater than those sufficient to generate the amount of revenue required by the biennial transportation budget. When adjusting ferry fares, the commission must consider input from affected ferry users by public hearing and by review with the affected ferry advisory committees, in addition to the data gathered from the current ferry user survey.
     (2) Consistent with RCW 43.135.055 and 47.46.100, during the 2011-2013 fiscal biennium, the legislature authorizes the transportation commission to periodically review and, if necessary, adjust the schedule of toll charges applicable to the Tacoma Narrows bridge only in amounts not greater than those sufficient to support (a) any required costs for operating and maintaining the toll bridge, including the cost of insurance, (b) any amount required by law to meet the redemption of bonds and applicable interest payments, and (c) repayment of the motor vehicle fund.
     (((4))) (3) Consistent with its authority in RCW 47.56.840, the transportation commission shall consider the need for a citizen advisory group that provides oversight on new tolled facilities.
     (4) $775,000 of the motor vehicle account--state appropriation is provided solely to determine the feasibility of transitioning from the gas tax to a road user assessment system of paying for transportation.
     (a) The transportation commission, with direction from the steering committee created in (b) of this subsection, must: Review relevant reports and data related to models of road user assessments and methods of transitioning to a road user assessment system; analyze the research to identify issues for policy decisions in Washington; make recommendations for the design of systemwide trials; develop a plan to assess public perspectives and educate the public on the current transportation funding system and options for a new system; and perform other tasks as deemed necessary by the steering committee.
     (b) The transportation commission must convene a steering committee to provide direction to and guide the transportation commission's work. Membership of the steering committee must include, but is not limited to, members representing the following interests: The trucking industry; business; cities and counties; public transportation; environmental; user fee technology; auto and light truck manufacturers; and the motoring public. In addition, a member from each of the two largest caucuses of the senate, appointed by the president of the senate, and a member from each of the two largest caucuses of the house of representatives, appointed by the speaker of the house of representatives, must serve on the steering committee.
     (c) The transportation commission must update the governor and the legislature on this work by January 1, 2013. In addition, this update must include a plan and budget request for work to be completed during the 2013-2015 fiscal biennium.
     (5) Within the amounts provided pursuant to section 305(17)(c) of this act, the commission shall retain appropriate independent experts and conduct an investment-grade traffic and revenue analysis for the Columbia river crossing project, including origin and destination and stated preferences studies.
     (a) The commission's analysis must include the assessment and review of the following variables within the project:
     (i) Exemptions from tolls for vehicles with two, three, or more occupants;
     (ii) A variable toll where the tolls vary by time of day and day of the week; and
     (iii) A toll of one dollar per day for individuals who use the bridge ten times or more in a seven day time period.
     (b) The analysis must also assess the following:
     (i) The impact light rail service in the corridor will have on estimated toll revenues;
     (ii) The level of diversion from the Interstate 5 corridor and the impact on estimated toll revenues; and
     (iii) The estimated toll revenues from vehicle trips originating within the region, within the two states, and outside the two states, by vehicle type.
     (c) The commission must submit its final report of findings and recommendations to the transportation committees of the legislature on or before July 1, 2014.

Sec. 206   2011 c 367 s 206 (uncodified) is amended to read as follows:
FOR THE FREIGHT MOBILITY STRATEGIC INVESTMENT BOARD
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($702,000))
       $780,000

     The appropriation in this section is subject to the following conditions and limitations:
     (1) $100,000 of the motor vehicle account--state appropriation is provided solely for an additional staff person for the freight mobility strategic investment board.
     (2)
The freight mobility strategic investment board shall submit a report to the transportation committees of the legislature by December 1, 2011, on the implementation of the recommendations that resulted from the evaluation of efficiencies in the delivery of transportation funding and services to local governments that was required under section 204(8), chapter 247, Laws of 2010. The report must include a description of how recommendations were implemented, what efficiencies were achieved, and an explanation of any recommendations that were not implemented.

Sec. 207   2011 c 367 s 207 (uncodified) is amended to read as follows:
FOR THE WASHINGTON STATE PATROL
((Vehicle Licensing Fraud Account--State Appropriation . . . . . . . . . . . . $100,000))
State Patrol Highway Account -- State
     Appropriation . . . . . . . . . . . . (($349,812,000))
       $355,048,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . $6,432,000
State Patrol Highway Account -- Federal
     Appropriation . . . . . . . . . . . . $10,903,000
State Patrol Highway Account -- Private/Local
     Appropriation . . . . . . . . . . . . (($3,369,000))
       $3,494,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($364,184,000))
       $375,877,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) Washington state patrol officers engaged in off-duty uniformed employment providing traffic control services to the department of transportation or other state agencies may use state patrol vehicles for the purpose of that employment, subject to guidelines adopted by the chief of the Washington state patrol. The Washington state patrol must be reimbursed for the use of the vehicle at the prevailing state employee rate for mileage and hours of usage, subject to guidelines developed by the chief of the Washington state patrol. Cessna pilots funded from the state patrol highway account who are certified to fly the King Airs may pilot those aircraft for general fund purposes with the general fund reimbursing the state patrol highway account an hourly rate to cover the costs incurred during the flights since the aviation section is no longer part of the Washington state patrol cost allocation system as of July 1, 2009.
     (2) The Washington state patrol shall continue to collaborate with the Washington traffic safety commission on the target zero trooper pilot program referenced in section 201(1) of this act.
     (3) $370,000 of the state patrol highway account--state appropriation is provided solely for costs associated with the pilot program described under section 216(5) of this act. The Washington state patrol may incur costs related only to the assignment of cadets and necessary computer equipment and to the reimbursement of the Washington state department of transportation for contract costs. The appropriation in this subsection must be funded from the portion of the automated traffic safety camera fines deposited into the state patrol highway account; however, if the fines deposited into the state patrol highway account from automated traffic safety camera infractions do not reach three hundred seventy thousand dollars, the department of transportation shall remit funds necessary to the Washington state patrol to ensure the completion of the pilot program. The Washington state patrol may not incur overtime as a result of this pilot program. The Washington state patrol shall not assign troopers to operate or deploy the pilot program equipment used in the roadway construction zones.
     (4) (($12,655,000)) $12,178,000 of the total appropriation is provided solely for automobile fuel in the 2011-2013 fiscal biennium. The Washington state patrol shall analyze their fuel consumption and submit a report to the legislative transportation committees by December 31, 2011, on fuel conservation methods that could be used to minimize costs and ensure that the Washington state patrol is managing fuel consumption effectively.
     (5) (($7,421,000)) $7,672,000 of the total appropriation is provided solely for the purchase of pursuit vehicles.
     (6) (($6,611,000)) $6,695,000 of the total appropriation is provided solely for vehicle repair and maintenance costs of vehicles used for highway purposes.
     (7) (($1,724,000)) $1,865,000 of the total appropriation is provided solely for the purchase of mission vehicles used for highway purposes in the commercial vehicle and traffic investigation sections of the Washington state patrol.
     (8) $1,200,000 of the total appropriation is provided solely for outfitting officers. The Washington state patrol shall prepare a cost-benefit analysis of the standard trooper uniform as compared to a battle dress uniform and uniforms used by other states and jurisdictions. The Washington state patrol shall report the results of the analysis to the transportation committees of the legislature by December 1, 2011.
     (9) The Washington state patrol shall not account for or record locally provided DUI cost reimbursement payments as expenditure credits to the state patrol highway account. The patrol shall report the amount of expected locally provided DUI cost reimbursements to the office of financial management and transportation committees of the legislature by September 30th of each year.
     (10) During the 2011-2013 fiscal biennium, the Washington state patrol shall continue to perform traffic accident investigations on Thurston county roads, and shall work with Thurston county to transition the traffic accident investigations on Thurston county roads to Thurston county by July 1, 2013.
     (11) (($100,000 of the vehicle licensing fraud account--state appropriation is provided solely to support the transportation portion of the vehicle license fraud program during the 2011-2013 fiscal biennium.)) $2,187,000 of the state patrol highway account--state appropriation is provided solely for mobile office platforms.
     (12) $1,500,000 of the state patrol highway account--state appropriation is provided solely for the auto theft investigation units in King county, the city of Spokane, and the city of Tacoma. If chapter ... (Engrossed Substitute Senate Bill No. 6455), Laws of 2012 is not enacted by June 30, 2012, the amount provided in this subsection lapses.
     (13) $3,500,000 of the highway safety account--state appropriation is provided solely for equipment acquisition, installation, integration, and financing needs associated with the conversion of the existing communication system to narrowbanding as required by the federal communications commission, but the $3,500,000 must be placed in escrow and not allotted until the review of the Washington state patrol's narrowbanding project has been completed and approved. If chapter ... (Engrossed Substitute Senate Bill No. 6455), Laws of 2012 is not enacted by June 30, 2012, the amount provided in this subsection lapses.
     (14) $900,000 of the highway safety account--state appropriation is provided solely for: The cadet detachment used to manage traffic and augment security at the Seattle ferry terminals; contracts for additional traffic control personnel for the Edmonds and Seattle ferry terminals; and K-9 explosives dogs. If chapter ... (Engrossed Substitute Senate Bill No. 6455), Laws of 2012 is not enacted by June 30, 2012, the amount provided in this subsection lapses.
     (15) $3,500,000 of the state patrol highway account--state appropriation and $1,600,000 of the highway safety account--state appropriation are provided solely for the ongoing operations of the Washington state patrol. If chapter ... (Engrossed Substitute Senate Bill No. 6455), Laws of 2012 is not enacted by June 30, 2012, the amount provided in this subsection lapses.
     (16) $432,000 of the highway safety account--state appropriation is provided solely for implementation of chapter . . . (Second Substitute House Bill No. 2443), Laws of 2012 (persons who drive impaired). If chapter . . . (Second Substitute House Bill No. 2443), Laws of 2012 is not enacted by June 30, 2012, the amount provided in this subsection lapses.

Sec. 208   2011 c 367 s 208 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF LICENSING
Marine Fuel Tax Refund Account -- State Appropriation . . . . . . . . . . . . $32,000
License Plate Technology Account--State
     Appropriation . . . . . . . . . . . . $1,250,000

Motorcycle Safety Education Account -- State
     Appropriation . . . . . . . . . . . . (($4,411,000))
       $4,365,000
Wildlife Account -- State Appropriation . . . . . . . . . . . . (($859,000))
       $825,000
Highway Safety Account -- State Appropriation . . . . . . . . . . . . (($149,904,000))
       $146,889,000
Highway Safety Account -- Federal Appropriation . . . . . . . . . . . . (($2,884,000))
       $4,299,000
Highway Safety Account--Private/Local Appropriation . . . . . . . . . . . . $200,000

Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($78,586,000))
       $76,250,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . (($1,721,000))
       $1,714,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($242,000))
       $380,000
Department of Licensing Services Account -- State
     Appropriation . . . . . . . . . . . . (($5,815,000))
       $6,095,000
Ignition Interlock Device Revolving Account--State
     Appropriation . . . . . . . . . . . . (($1,315,000))
       $2,027,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($245,769,000))
       $244,326,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) (($62,000 of the motor vehicle account--state appropriation is provided solely for the implementation of chapter ... (Engrossed Substitute Senate Bill No. 5251), Laws of 2011 (electric vehicle fee). If chapter ... (Engrossed Substitute Senate Bill No. 5251), Laws of 2011 is not enacted by June 30, 2011, the amount provided in this subsection lapses.
     (2)
)) $231,000 of the motor vehicle account--state appropriation is provided solely for the implementation of chapter ... (Substitute Senate Bill No. 5800), Laws of 2011 (off-road motorcycles). If chapter ... (Substitute Senate Bill No. 5800), Laws of 2011 is not enacted by June 30, 2011, the amount provided in this subsection lapses.
     (((3))) (2) $193,000 of the department of licensing services account--state appropriation is provided solely for a phased implementation of chapter ... (Substitute House Bill No. 1046), Laws of 2011 (vehicle and vessel quick titles). Funding is contingent upon revenues associated with the vehicle and vessel quick title program paying all direct and indirect expenditures associated with the department's implementation of this subsection. If chapter ... (Substitute House Bill No. 1046), Laws of 2011 is not enacted by June 30, 2011, the amount provided in this subsection lapses.
     (((4) The department may seek federal funds to implement a driver's license and identicard biometric matching system pilot program to verify the identity of applicants for, and holders of, drivers' licenses and identicards if applicants are provided the opportunity to opt out of participating in the program, which meets the requirement of RCW 46.20.037 that such a program be voluntary. If funds are received, the department shall report any benefits or problems identified during the course of the pilot program to the transportation committees of the legislature upon the completion of the program.
     (5) $1,938,000
)) (3) The department may seek federal funds to implement a facial recognition matching system for drivers' licenses, permits, and identicards, consistent with Substitute House Bill No. 2433 (facial recognition matching system).
     (4) $4,299,000
of the highway safety account--federal appropriation is for federal funds that may be received during the 2011-2013 fiscal biennium. Upon receipt of the funds, the department shall provide a report on the use of the funds to the transportation committees of the legislature and the office of financial management.
     (((6))) (5) By December 31, 2011, the department shall submit to the office of financial management and the transportation committees of the legislature draft legislation that rewrites the tow truck statutes (chapter 46.55 RCW) in plain language and is revenue and policy neutral.
     (((7))) (6) $128,000 of the highway safety account--state appropriation is provided solely for the implementation of chapter ... (Engrossed Substitute House Bill No. 1635), Laws of 2011 (driver's license exams). If chapter ... (Engrossed Substitute House Bill No. 1635), Laws of 2011 is not enacted by June 30, 2011, the amount provided in this subsection lapses.
     (((8))) (7) $68,000 of the highway safety account--state appropriation is provided solely for the implementation of chapter ... (Engrossed Second Substitute House Bill No. 1789), Laws of 2011 (((driving under the influence))) (addressing DUI accountability). If chapter ... (Engrossed Second Substitute House Bill No. 1789), Laws of 2011 is not enacted by June 30, 2011, the amount provided in this subsection lapses.
     (((9))) (8) $63,000 of the highway safety account--state appropriation is provided solely for the implementation of chapter ... (Substitute House Bill No. 1237), Laws of 2011 (selective service system). If chapter ... (Substitute House Bill No. 1237), Laws of 2011 is not enacted by June 30, 2011, the amount provided in this subsection lapses.
     (((10))) (9) $340,000 of the motor vehicle account--private/local appropriation is provided solely for the implementation of chapter ... (Engrossed Substitute Senate Bill No. 5457), Laws of 2011 (congestion reduction charge). If chapter ... (Engrossed Substitute Senate Bill No. 5457), Laws of 2011 is not enacted by June 30, 2011, the amount provided in this subsection lapses.
     (((12))) (10) $1,738,000 of the department of licensing services account--state appropriation is provided solely for purchasing equipment for field licensing service offices and subagent offices.
     (11) $176,000 of the highway safety account--state appropriation is provided solely for the implementation of Substitute House Bill No. 2234 (notifying employers of commercial driver's license suspension). If Substitute House Bill No. 2234 is not enacted by June 30, 2012, the amount provided in this subsection lapses.
     (12) $34,000 of the motor vehicle account--state appropriation is provided solely for the implementation of Substitute House Bill No. 2299 (4-H special license plates). If Substitute House Bill No. 2299 is not enacted by June 30, 2012, the amount provided in this subsection lapses.
     (13) $69,000 of the motor vehicle account--state appropriation is provided solely for the implementation of Substitute House Bill No. 2312 (military service award emblems). If Substitute House Bill No. 2312 is not enacted by June 30, 2012, the amount provided in this subsection lapses.
     (14) $275,000 of the motor vehicle account--state appropriation is provided solely for the implementation of Engrossed Substitute Senate Bill No. 6582 (local transportation revenue options). If Engrossed Substitute Senate Bill No. 6582 is not enacted by June 30, 2012, the amount provided in this subsection lapses.
     (15) $712,000 of the ignition interlock device revolving account--state appropriation is provided solely for the implementation of Second Substitute House Bill No. 2443 (DUI accountability). If Second Substitute House Bill No. 2443 is not enacted by June 30, 2012, the amount provided in this subsection lapses.
     (16) $420,000 of the highway safety account--state appropriation is provided solely for the implementation of chapter ... (Engrossed Substitute Senate Bill No. 6150), Laws of 2012 and chapter ... (Engrossed Substitute Senate Bill No. 6455), Laws of 2012. If chapter ... (Engrossed Substitute Senate Bill No. 6150), Laws of 2012 or chapter ... (Engrossed Substitute Senate Bill No. 6455), Laws of 2012 are not enacted by June 30, 2012, the amount provided in this subsection lapses.
     (17) Consistent with RCW 43.135.055 and 43.24.086, during the 2011-2013 fiscal biennium, the legislature authorizes the department to adjust the business and vehicle fees for the for hire licensing program in amounts sufficient to recover the costs of administering the for hire licensing program.
     (18) $216,000 of the motor vehicle account--state appropriation is provided solely for regulating the use of off-road vehicles in certain areas. If chapter . . . (Engrossed Second Substitute Senate Bill No. 5366), Laws of 2012 is not enacted by June 30, 2012, the amount provided in this subsection lapses.
     (19) The legislature intends to establish a veteran designation for drivers' licenses and identicards issued under chapter 46.20 RCW, as proposed under House Bill No. 2378, during the 2013 legislative session. The designation would serve to establish a person's service in the armed forces and be granted to a person who provides a United States department of defense discharge document, DD Form 214, that shows a discharge status of "honorable" or "general under honorable conditions." The department shall report to the transportation committees of the legislature by December 1, 2012, with a plan to implement the designation. The plan must include the most cost-effective options for implementation, a proposed fee amount to cover the costs of the designation, and any other recommendations on the implementation of the designation.

Sec. 209   2011 c 367 s 209 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TOLL OPERATIONS AND MAINTENANCE -- PROGRAM B
High Occupancy Toll Lanes Operations Account -- State
     Appropriation . . . . . . . . . . . . (($1,295,000))
       $1,274,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($550,000))
       $537,000
Tacoma Narrows Toll Bridge Account -- State
     Appropriation . . . . . . . . . . . . (($23,429,000))
       $23,361,000
State Route Number 520 Corridor Account--State
     Appropriation . . . . . . . . . . . . $27,295,000
State Route Number 520 Civil Penalties
     Account--State Appropriation . . . . . . . . . . . . (($4,622,000))
       $3,622,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($57,191,000))
       $56,089,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) The department shall make detailed quarterly expenditure reports available to the transportation commission and to the public on the department's web site using current department resources. The reports must include a summary of toll revenue by facility on all operating toll facilities and high occupancy toll lane systems, and an itemized depiction of the use of that revenue.
     (2) (($4,622,000)) $3,622,000 of the state route number 520 civil penalties account--state appropriation and $1,458,000 of the Tacoma Narrows toll bridge account--state appropriation are provided solely for expenditures related to the toll adjudication process. All costs associated with the toll adjudication process are anticipated to be covered by revenue collected from the toll adjudication process. The department shall report quarterly on the civil penalty process to the office of financial management and the house of representatives and senate transportation committees beginning September 30, 2011. The reports must include a summary table for each toll facility that includes: The number of notices of civil penalty issued; the number of recipients who pay before the notice becomes a penalty; the number of recipients who request a hearing and the number who do not respond; workload costs related to hearings; the cost and effectiveness of debt collection activities; and revenues generated from notices of civil penalty.
     (3) It is the intent of the legislature that transitioning to a statewide tolling operations center and preparing for all-electronic tolling on certain toll facilities will have no adverse revenue or expenditure impact on the Tacoma Narrows toll bridge account. Any increased costs related to this transition shall not be allocated to the Tacoma Narrows toll bridge account. ((All costs associated with the toll adjudication process are anticipated to be covered by revenue collected from the toll adjudication process.))
     (4) The department shall ensure that, at no cost to the Tacoma Narrows toll bridge account, new electronic tolling tag readers are installed on the Tacoma Narrows bridge as soon as practicable that are able to read existing and new electronic tolling tags.
     (5) $17,786,000 of the state route number 520 corridor account--state appropriation is provided solely for nonvendor costs associated with tolling the state route number 520 bridge. Funds from the state route number 520 corridor account--state appropriation shall not be used to pay for items prohibited by Executive Order No. 1057, including subscriptions to technical publications, employee educational expenses, professional membership dues and fees, employee recognition and safety awards, meeting meals and light refreshments, commute trip reduction incentives, and employee travel.

Sec. 210   2011 c 367 s 210 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- INFORMATION TECHNOLOGY -- PROGRAM C
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($69,107,000))
       $67,327,000
Transportation Partnership Account--State
     Appropriation . . . . . . . . . . . . $1,460,000
Multimodal Transportation Account -- State
     Appropriation . . . . . . . . . . . . $363,000
Transportation 2003 Account (Nickel Account)--State
     Appropriation . . . . . . . . . . . . $1,460,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($72,390,000))
       $70,610,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) The department shall consult with the office of financial management and the department of ((information)) enterprise services to: (a) Ensure that the department's current and future system development is consistent with the overall direction of other key state systems; and (b) when possible, use or develop common statewide information systems to encourage coordination and integration of information used by the department and other state agencies and to avoid duplication.
     (2) $1,460,000 of the transportation partnership account--state appropriation and $1,460,000 of the transportation 2003 account (nickel account)--state appropriation are provided solely for maintaining the department's project management reporting system.
     (3) $210,000 of the motor vehicle account--state appropriation is provided solely for the department's compliance with its national pollution discharge elimination system permit.
     (((5))) (4) $502,000 of the motor vehicle account--state appropriation is provided solely to provide support for the transportation executive information system.

Sec. 211   2011 c 367 s 211 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- FACILITY MAINTENANCE, OPERATIONS AND CONSTRUCTION -- PROGRAM D -- OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($25,851,000))
       $25,440,000

     The appropriation in this section is subject to the following conditions and limitations:
     (1) The department shall submit a predesign proposal for a new traffic management center to the office of financial management consistent with the process followed by nontransportation capital construction projects. The department shall not award a contract for construction of a new traffic management center until the predesign proposal has been submitted and the office of financial management has completed a budget evaluation study that indicates a new building is the recommended option for accommodating additional traffic management operations.
     (2) $850,000 of the motor vehicle account--state appropriation is provided solely for the department's compliance with its national pollution discharge elimination system permit.

Sec. 212   2011 c 367 s 212 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- AVIATION -- PROGRAM F
Aeronautics Account -- State Appropriation . . . . . . . . . . . . (($6,066,000))
       $5,999,000
Aeronautics Account -- Federal Appropriation . . . . . . . . . . . . $2,150,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($8,216,000))
       $8,149,000

     The appropriations in this section are subject to the following conditions and limitations: $200,000 of the aeronautics account--state appropriation is a reappropriation provided solely to complete runway preservation projects.

Sec. 213   2011 c 367 s 213 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- PROGRAM DELIVERY MANAGEMENT AND SUPPORT -- PROGRAM H
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($47,418,000))
       $45,725,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($500,000))
       $1,796,000
Multimodal Transportation Account -- State
     Appropriation . . . . . . . . . . . . $250,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($48,168,000))
       $47,771,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) ((The department shall provide updated information on six project milestones for all active projects, funded in part or in whole with 2005 transportation partnership account funds or 2003 nickel account funds, on a quarterly basis in the transportation executive information system. The department shall also provide updated information on six project milestones for projects funded with preexisting funds and that are agreed to by the legislature, office of financial management, and the department, on a quarterly basis.
     (2)
)) $3,754,000 of the motor vehicle account--state appropriation is provided solely for the department's compliance with its national pollution discharge elimination system permit.
     (((3))) (2) It is the intent of the legislature that the real estate services division of the department will recover the cost of its efforts from future sale proceeds.
     (((4))) (3) The legislature recognizes that the Dryden pit site (WSDOT Inventory Control (IC) No. 2-04-00103) is unused state-owned real property under the jurisdiction of the department of transportation, and that the public would benefit significantly from the complete enjoyment of the natural scenic beauty and recreational opportunities available at the site. Therefore, pursuant to RCW 47.12.080, the legislature declares that transferring the property to the department of fish and wildlife for recreational use and fish and wildlife restoration efforts is consistent with the public interest in order to preserve the area for the use of the public and the betterment of the natural environment. The department of transportation shall work with the department of fish and wildlife, and shall transfer and convey the Dryden pit site to the department of fish and wildlife as is for an adjusted fair market value reflecting site conditions, the proceeds of which must be deposited in the motor vehicle fund. The department of transportation is not responsible for any costs associated with the cleanup or transfer of this property. By July 1, 2011, and annually thereafter until the entire Dryden pit property has been transferred, the department shall submit a status report regarding the transaction to the chairs of the legislative transportation committees.
     (4) The legislature recognizes that the trail known as the Apple Capital Loop, and its extensions, serve to separate motor vehicle traffic from pedestrians and bicyclists, increasing motor vehicle safety on existing state route number 28. Consistent with chapter 47.30 RCW and pursuant to RCW 47.12.080, the legislature declares that transferring portions of WSDOT Inventory Control (IC) Nos. 2-09-04537 and 2-09-04569 to Douglas county and the city of East Wenatchee is consistent with the public interest. The legislature directs the department to transfer the property to Douglas county and the city of East Wenatchee. The department must be paid fair market value for any portions of the transferred real property that is later abandoned, vacated, or ceases to be publicly maintained for trail purposes. Douglas county and the city of East Wenatchee must agree to accept responsibility for trail segments within their respective jurisdictions and sign an agreement with the state that the transfer of these parcels to their respective jurisdictions extinguishes any state obligations to improve, maintain, or be in any way responsible for these assets. The department shall report to the transportation committees of the legislature by June 30, 2013, and annually thereafter, on the status of the transfer until complete.
     (5) If the department determines that all or portion of real property or an interest in real property that was acquired through condemnation within the previous ten years is no longer necessary for a transportation purpose, the former owner has a right of repurchase as described in this subsection. For the purposes of this subsection, "former owner" means the person or entity from whom the department acquired title. At least ninety days prior to the date on which the property is intended to be sold by the department, the department must mail notice of the planned sale to the former owner of the property at the former owner's last known address or to a forwarding address if that owner has provided the department with a forwarding address. If the former owner of the property's last known address, or forwarding address if a forwarding address has been provided, is no longer the former owner of the property's address, the right of repurchase is extinguished. If the former owner notifies the department within thirty days of the date of the notice that the former owner intends to repurchase the property, the department shall proceed with the sale of the property to the former owner for fair market value and shall not list the property for sale to other owners. If the former owner does not provide timely written notice to the department of the intent to exercise a repurchase right, or if the sale to the former owner is not completed within seven months of the date of notice that the former owner intends to repurchase the property, the right of repurchase is extinguished.

Sec. 214   2011 c 367 s 214 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- ECONOMIC PARTNERSHIPS -- PROGRAM K
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($622,000))
       $826,000
Multimodal Transportation Account--State Appropriation . . . . . . . . . . . . $110,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($732,000))
       $936,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1)(a) $225,000 of the motor vehicle account--state appropriation is provided solely to carry out work related to assessing the operational feasibility of a road user assessment, including technology, agency administration, multistate and federal standards, and other necessary elements. This work must be carried out under the guidance of the steering committee and in coordination with the transportation commission's policy assessment and public outreach planning authorized in section 205(4)(a) of this act.
     (b) If subsequent appropriations are provided, the department may conduct a limited scope pilot project to test the feasibility of a road user assessment system to be applied to electric vehicles. The pilot project must be carried out under the guidance of the steering committee described under section 205(4)(a) of this act and in coordination with the transportation commission.
     (2)
The department shall conduct a study on the potential to generate revenue from off-premise outdoor advertising signs that are erected or maintained adjacent and visible to the interstate system highways, primary system highways, or scenic system highways. The study must provide an evaluation of the market for outdoor advertising signs, including an evaluation of the number of potential advertisers and the amount charged by other jurisdictions for sign permits, and must provide a recommendation for a revised fee structure that recognizes the market value for off-premise signs and considers charging differential fees based on the size, type, and location of the sign.

Sec. 215   2011 c 367 s 215 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- HIGHWAY MAINTENANCE -- PROGRAM M
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($380,327,000))
       $373,209,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $7,000,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . $4,000,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($387,327,000))
       $384,209,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) The department shall request an unanticipated receipt for any federal moneys received for emergency snow and ice removal and shall place an equal amount of the motor vehicle account--state appropriation into unallotted status. This exchange shall not affect the amount of funding available for snow and ice removal.
     (2) $7,000,000 of the motor vehicle account--state appropriation is provided solely for third-party damages to the highway system where the responsible party is known and reimbursement is anticipated. The department shall request additional appropriation authority for any funds received for reimbursements of third-party damages that are in excess of this appropriation.
     (3) $7,000,000 of the motor vehicle account--federal appropriation is for unanticipated federal funds that may be received during the 2011-2013 fiscal biennium. Upon receipt of the funds, the department shall provide a report on the use of the funds to the transportation committees of the legislature and the office of financial management.
     (4) The department may work with the department of corrections to utilize corrections crews for the purposes of litter pickup on state highways.
     (5) $4,530,000 of the motor vehicle account--state appropriation is provided solely for the department's compliance with its national pollution discharge elimination system permit.
     (6) The department shall continue to report maintenance accountability process (MAP) targets and achievements on an annual basis. The department shall use available funding to target and deliver a minimum MAP grade of C for the activity of roadway striping.
     (7) $6,884,000 of the motor vehicle account--state appropriation is provided solely for the high priority maintenance backlog. Addressing the maintenance backlog must result in increased levels of service. If chapter ... (Engrossed Substitute Senate Bill No. 5251), Laws of 2011 (electric vehicle fee) is not enacted by June 30, 2011, $500,000 of the appropriation provided in this subsection lapses.
     (8) $317,000 of the motor vehicle account--state appropriation is provided solely for maintaining a new active traffic management system on Interstate 5, Interstate 90, and state route number 520. The department shall track the costs associated with these systems on a corridor basis and report to the transportation committees of the legislature on the costs and benefits of the systems by December 1, ((2011)) 2012.
     (9) $4,000,000 of the highway safety account--state appropriation is provided solely to further reduce the highway maintenance backlog in order to maintain or increase levels of service. If chapter ... (Engrossed Substitute Senate Bill No. 6150), Laws of 2012 is not enacted by June 30, 2012, the amount provided in this subsection lapses.

Sec. 216   2011 c 367 s 216 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRAFFIC OPERATIONS -- PROGRAM Q -- OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($50,166,000))
       $48,741,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $2,050,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . (($127,000))
       $250,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($52,343,000))
       $51,041,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $6,000,000 of the motor vehicle account--state appropriation is provided solely for low-cost enhancements. The department shall give priority to low-cost enhancement projects that improve safety or provide congestion relief. The department shall prioritize low-cost enhancement projects on a statewide rather than regional basis. By September 1st of each even-numbered year, the department shall provide a report to the legislature listing all low-cost enhancement projects prioritized on a statewide rather than regional basis completed in the prior year.
     (2) $145,000 of the motor vehicle account--state appropriation is provided solely for the department to continue a pilot tow truck incentive program and to expand the program to other areas of the state. The department may provide incentive payments to towing companies that meet clearance goals on accidents that involve heavy trucks.
     (3) During the 2011-2013 fiscal biennium, the department shall implement a pilot program that expands private transportation providers' access to high occupancy vehicle lanes. Under the pilot program, when the department reserves a portion of a highway based on the number of passengers in a vehicle, the following vehicles must be authorized to use the reserved portion of the highway if the vehicle has the capacity to carry eight or more passengers, regardless of the number of passengers in the vehicle: (a) Auto transportation company vehicles regulated under chapter 81.68 RCW; (b) passenger charter carrier vehicles regulated under chapter 81.70 RCW, except marked or unmarked stretch limousines and stretch sport utility vehicles as defined under department of licensing rules; (c) private nonprofit transportation provider vehicles regulated under chapter 81.66 RCW; and (d) private employer transportation service vehicles. For purposes of this subsection, "private employer transportation service" means regularly scheduled, fixed-route transportation service that is offered by an employer for the benefit of its employees. By June 30, 2013, the department shall report to the transportation committees of the legislature on whether private transportation provider use of high occupancy vehicle lanes under the pilot program reduces the speeds of high occupancy vehicle lanes. Nothing in this subsection is intended to authorize the conversion of public infrastructure to private, for-profit purposes or to otherwise create an entitlement or other claim by private users to public infrastructure. If chapter ... (Substitute Senate Bill No. 5836), Laws of 2011 is enacted by June 30, 2011, this subsection is null and void.
     (4) $9,000,000 of the motor vehicle account--state appropriation is provided solely for the department's incident response program.
     (5) The department, in consultation with the Washington state patrol, must continue a pilot program for the patrol to issue infractions based on information from automated traffic safety cameras in roadway construction zones on state highways. The department must report to the joint transportation committee by January 1, 2012, and January 1, 2013, on the status of this pilot program. For the purpose of this pilot program, during the 2011-2013 fiscal biennium, a roadway construction zone includes areas where public employees or private contractors may be present or where a driving condition exists that would make it unsafe to drive at higher speeds, such as, when the department is redirecting or realigning lanes on any public roadway pursuant to ongoing construction. The department shall use the following guidelines to administer the program:
     (a) Automated traffic safety cameras may only take pictures of the vehicle and vehicle license plate and only while an infraction is occurring. The picture must not reveal the face of the driver or of passengers in the vehicle;
     (b) The department shall plainly mark the locations where the automated traffic safety cameras are used by placing signs on locations that clearly indicate to a driver that he or she is entering a roadway construction zone where traffic laws are enforced by an automated traffic safety camera;
     (c) Notices of infractions must be mailed to the registered owner of a vehicle within fourteen days of the infraction occurring;
     (d) The owner of the vehicle is not responsible for the violation if the owner of the vehicle, within fourteen days of receiving notification of the violation, mails to the patrol, a declaration under penalty of perjury, stating that the vehicle involved was, at the time, stolen or in the care, custody, or control of some person other than the registered owner, or any other extenuating circumstances;
     (e) For purposes of the 2011-2013 fiscal biennium pilot program, infractions detected through the use of automated traffic safety cameras are not part of the registered owner's driving record under RCW 46.52.101 and 46.52.120. Additionally, infractions generated by the use of automated traffic safety cameras must be processed in the same manner as parking infractions for the purposes of RCW 3.50.100, 35.20.220, 46.16A.120, and 46.20.270(3). However, the amount of the fine issued under this subsection (5) for an infraction generated through the use of an automated traffic safety camera is one hundred thirty-seven dollars. The court shall remit thirty-two dollars of the fine to the state treasurer for deposit into the state patrol highway account; and
     (f) If a notice of infraction is sent to the registered owner and the registered owner is a rental car business, the infraction must be dismissed against the business if it mails to the patrol, within fourteen days of receiving the notice, a declaration under penalty of perjury of the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred. If the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred, the business must sign a declaration under penalty of perjury to this effect. The declaration must be mailed to the patrol within fourteen days of receiving the notice of traffic infraction. Timely mailing of this declaration to the issuing agency relieves a rental car business of any liability under this section for the notice of infraction. A declaration form suitable for this purpose must be included with each automated traffic infraction notice issued, along with instructions for its completion and use.
     (6) The department shall track the costs associated with active traffic management systems on a corridor basis and report to the transportation committees of the legislature on the cost and benefits of the systems by December 1, 2011.

Sec. 217   2011 c 367 s 217 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRANSPORTATION MANAGEMENT AND SUPPORT -- PROGRAM S
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($28,430,000))
       $27,335,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $30,000
Multimodal Transportation Account -- State
     Appropriation . . . . . . . . . . . . $973,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($29,433,000))
       $28,338,000

     The appropriations in this section are subject to the following conditions and limitations: The department shall utilize existing resources and customer service staff to develop and implement new policies and procedures to ensure compliance with new federal passenger vessel Americans with disabilities act requirements.

Sec. 218   2011 c 367 s 218 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRANSPORTATION PLANNING, DATA, AND RESEARCH -- PROGRAM T
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($23,394,000))
       $22,055,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $21,885,000
Multimodal Transportation Account -- State
     Appropriation . . . . . . . . . . . . $662,000
Multimodal Transportation Account -- Federal
     Appropriation . . . . . . . . . . . . $3,559,000
Multimodal Transportation Account -- Private/Local
     Appropriation . . . . . . . . . . . . $100,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($49,600,000))
       $48,261,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $70,000 of the motor vehicle account--state appropriation is a reappropriation provided solely for a corridor study of state route number 516 from the eastern border of Maple Valley to state route number 167 to determine whether improvements are needed and the costs of any needed improvements.
     (2) $200,000 of the motor vehicle account--state appropriation is provided solely for extending the freight database pilot project that began in 2009. Global positioning system (GPS) data is intended to help guide freight investment decisions and track highway project effectiveness as it relates to freight traffic.
     (3) Within available resources, the department must collaborate with the affected metropolitan planning organizations, regional transportation planning organizations, transit agencies, and private transportation providers to develop a plan to reduce vehicle demand, increase public transportation options, and reduce vehicle miles traveled on corridors affected by growth at Joint Base Lewis-McChord.
     (4) As part of their ongoing regional transportation planning, the regional transportation planning organizations across the state shall work together to provide a comprehensive framework for sources and uses of next-stage investments in transportation needed to improve structural conditions and ongoing operations and lay the groundwork for the transportation systems to support the long-term economic vitality of the state. This planning must include all forms of transportation to reflect the state's interests, including: Highways, streets, and roads; ferries; public transportation; systems for freight; and walking and biking systems. The department shall support this planning by providing information on potential state transportation uses and an analysis of potential sources of revenue to implement investments. In carrying out this planning, regional transportation planning organizations must be broadly inclusive of business, civic, labor, governmental, and environmental interests in regional communities across the state.
     (5) Within existing resources, the department shall develop a statewide policy regarding the curation of artifacts and the use of museums and information centers as potential mitigation under the national environmental policy act. This policy must address the following issues: How to minimize costs associated with information centers and museums; when to use existing facilities to preserve and display artifacts; how to minimize the time that stand-alone facilities are needed; and how to transfer artifacts and other items to facilities that are not owned or rented by the department. A report regarding this policy must be submitted to the joint transportation committee by September 1, 2012.

Sec. 219   2011 c 367 s 219 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- CHARGES FROM OTHER AGENCIES -- PROGRAM U
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . (($85,209,000))
       $74,734,000
Motor Vehicle Account--Federal Appropriation . . . . . . . . . . . . $400,000
Multimodal Transportation Account--State
     Appropriation . . . . . . . . . . . . (($3,320,000))
       $1,798,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($88,929,000))
       $76,932,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) The ((office of financial management)) department of enterprise services must provide a detailed accounting of the revenues and expenditures of the self-insurance fund to the transportation committees of the legislature on December 31st and June 30th of each year.
     (2) Payments in this section represent charges from other state agencies to the department of transportation.
     (((a) FOR PAYMENT OF OFFICE OF FINANCIAL MANAGEMENT
DIVISION OF RISK MANAGEMENT FEES . . . . . . . . . . . . $1,639,000
     (b) FOR PAYMENT OF COSTS OF THE OFFICE OF THE
STATE AUDITOR . . . . . . . . . . . . $937,000
     (c) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF
GENERAL ADMINISTRATION . . . . . . . . . . . . $6,060,000
     (d) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF
PERSONNEL . . . . . . . . . . . . $6,347,000
     (e) FOR PAYMENT OF SELF-INSURANCE LIABILITY
PREMIUMS AND ADMINISTRATION . . . . . . . . . . . . $44,418,000
     (f) FOR ARCHIVES AND RECORDS MANAGEMENT . . . . . . . . . . . . $623,000
     (g) FOR OFFICE OF MINORITIES AND WOMEN BUSINESS
ENTERPRISES . . . . . . . . . . . . $1,008,000
     (h) FOR USE OF FINANCIAL AND REPORTING SYSTEMS
PROVIDED BY THE OFFICE OF FINANCIAL MANAGEMENT . . . . . . . . . . . . $1,143,000
     (i) FOR POLICY AND SYSTEM ASSISTANCE FROM THE
DEPARTMENT OF INFORMATION SERVICES . . . . . . . . . . . . $1,980,000
     (j) FOR LEGAL SERVICE PROVIDED BY THE ATTORNEY
GENERAL'S OFFICE . . . . . . . . . . . . $8,526,000
     (k) FOR LEGAL SERVICE PROVIDED BY THE ATTORNEY
GENERAL'S OFFICE FOR THE SECOND PHASE OF THE BOLDT
LITIGATION . . . . . . . . . . . . $672,000
))
     (a) TO THE SECRETARY OF STATE--ARCHIVES AND
RECORDS MANAGEMENT . . . . . . . . . . . . $512,000
     (b) TO THE OFFICE OF THE STATE AUDITOR--AUDITOR
SERVICES . . . . . . . . . . . . $488,000
     (c) TO THE OFFICE OF THE ATTORNEY
GENERAL--ATTORNEY GENERAL SERVICES . . . . . . . . . . . . $7,127,000
     (d) TO THE OFFICE OF FINANCIAL MANAGEMENT--LABOR
RELATIONS SERVICES . . . . . . . . . . . . $266,000
     (e) TO THE OFFICE OF FINANCIAL
MANAGEMENT--OFFICE OF CHIEF INFORMATION OFFICER . . . . . . . . . . . . $473,000
     (f) TO THE OFFICE OF MINORITY AND WOMEN'S
BUSINESS ENTERPRISES . . . . . . . . . . . . $840,000
     (g) TO CONSOLIDATED TECHNICAL SERVICES . . . . . . . . . . . . $182,000
     (h) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--HUMAN RESOURCE MANAGEMENT SYSTEM . . . . . . . . . . . . $3,495,000
     (i) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--PRODUCTION SUPPORT . . . . . . . . . . . . $974,000
     (j) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--REAL ESTATE SERVICES . . . . . . . . . . . . $108,000
     (k) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--PUBLICATIONS AND HISTORICAL SERVICES . . . . . . . . . . . . $691,000
     (l) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--CAMPUS RENT . . . . . . . . . . . . $3,293,000
     (m) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--CAPITAL PROJECT SURCHARGE . . . . . . . . . . . . $879,000
     (n) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--PERSONAL SERVICE CONTRACTS . . . . . . . . . . . . $100,000
     (o) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--SECURE FILE TRANSFER SERVICES . . . . . . . . . . . . $39,000
     (p) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--ACCESS SERVICES . . . . . . . . . . . . $179,000
     (q) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--RISK MANAGEMENT SERVICES . . . . . . . . . . . . $1,290,000
     (r) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--INFORMATION TECHNOLOGY SERVICES . . . . . . . . . . . . $1,557,000

Sec. 220   2011 c 367 s 220 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- PUBLIC TRANSPORTATION -- PROGRAM V
State Vehicle Parking Account--State Appropriation . . . . . . . . . . . . $452,000
Regional Mobility Grant Program Account -- State
     Appropriation . . . . . . . . . . . . $48,942,000
Multimodal Transportation Account -- State
     Appropriation . . . . . . . . . . . . (($41,706,000))
       $51,857,000
Multimodal Transportation Account -- Federal
     Appropriation . . . . . . . . . . . . $2,582,000
Multimodal Transportation Account -- Private/Local
     Appropriation . . . . . . . . . . . . $1,027,000
Rural Mobility Grant Program Account--State
     Appropriation . . . . . . . . . . . . $17,000,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($111,709,000))
       $121,860,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $25,000,000 of the multimodal transportation account--state appropriation is provided solely for a grant program for special needs transportation provided by transit agencies and nonprofit providers of transportation.
     (a) $5,500,000 of the amount provided in this subsection is provided solely for grants to nonprofit providers of special needs transportation. Grants for nonprofit providers must be based on need, including the availability of other providers of service in the area, efforts to coordinate trips among providers and riders, and the cost effectiveness of trips provided.
     (b) $19,500,000 of the amount provided in this subsection is provided solely for grants to transit agencies to transport persons with special transportation needs. To receive a grant, the transit agency must have a maintenance of effort for special needs transportation that is no less than the previous year's maintenance of effort for special needs transportation. Grants for transit agencies must be prorated based on the amount expended for demand response service and route deviated service in calendar year 2009 as reported in the "Summary of Public Transportation - 2009" published by the department of transportation. No transit agency may receive more than thirty percent of these distributions.
     (2) $395,000 of the multimodal transportation account--state appropriation is provided solely for administration costs of the regional and rural mobility grant programs.
     (3)
Funds are provided for the rural mobility grant program as follows:
     (a) $8,500,000 of the rural mobility grant program account--state appropriation is provided solely for grants for those transit systems serving small cities and rural areas as identified in the "Summary of Public Transportation - 2009" published by the department of transportation. Noncompetitive grants must be distributed to the transit systems serving small cities and rural areas in a manner similar to past disparity equalization programs. If the funding provided in this subsection (((2))) (3)(a) exceeds the amount required for recipient counties to reach eighty percent of the average per capita sales tax, funds in excess of that amount may be used for the competitive grant process established in (b) of this subsection.
     (b) $8,500,000 of the rural mobility grant program account--state appropriation is provided solely to providers of rural mobility service in areas not served or underserved by transit agencies through a competitive grant process.
     (((3))) (4)(a) $6,000,000 of the multimodal transportation account--state appropriation is provided solely for a vanpool grant program for: (a) Public transit agencies to add vanpools or replace vans; and (b) incentives for employers to increase employee vanpool use. The grant program for public transit agencies will cover capital costs only; operating costs for public transit agencies are not eligible for funding under this grant program. Additional employees may not be hired from the funds provided in this section for the vanpool grant program, and supplanting of transit funds currently funding vanpools is not allowed. The department shall encourage grant applicants and recipients to leverage funds other than state funds.
     (b) At least $1,600,000 of the amount provided in this subsection must be used for vanpool grants in congested corridors.
     (c) $520,000 of the amount provided in this subsection is provided solely for the purchase of additional vans for use by vanpools serving soldiers and civilian employees at Joint Base Lewis-McChord.
     (((4))) (5) $8,942,000 of the regional mobility grant program account--state appropriation is reappropriated and provided solely for the regional mobility grant projects identified in LEAP Transportation Document 2007-B, as developed April 20, 2007, or LEAP Transportation Document 2009-B, as developed April 24, 2009. The department shall continue to review all projects receiving grant awards under this program at least semiannually to determine whether the projects are making satisfactory progress. The department shall promptly close out grants when projects have been completed, and any remaining funds must be used only to fund projects identified in: LEAP Transportation Document 2007-B, as developed April 20, 2007; LEAP Transportation Document 2009-B, as developed April 24, 2009; or LEAP Transportation Document 2011-B, as developed April 19, 2011. It is the intent of the legislature to appropriate funds through the regional mobility grant program only for projects that will be completed on schedule and that all funds in the regional mobility grant program be used as soon as practicable to advance eligible projects.
     (((5))) (6)(a) $40,000,000 of the regional mobility grant program account--state appropriation is provided solely for the regional mobility grant projects identified in LEAP Transportation Document 2011-B, as developed April 19, 2011. The department shall review all projects receiving grant awards under this program at least semiannually to determine whether the projects are making satisfactory progress. Any project that has been awarded funds, but does not report activity on the project within one year of the grant award, must be reviewed by the department to determine whether the grant should be terminated. The department shall promptly close out grants when projects have been completed, and any remaining funds must be used only to fund projects identified in LEAP Transportation Document 2011-B, as developed April 19, 2011. The department shall provide annual status reports on December 15, 2011, and December 15, 2012, to the office of financial management and the transportation committees of the legislature regarding the projects receiving the grants. It is the intent of the legislature to appropriate funds through the regional mobility grant program only for projects that will be completed on schedule.
     (b) In order to be eligible to receive a grant under (a) of this subsection during the 2011-2013 fiscal biennium, a transit agency must establish a process for private transportation providers to apply for the use of park and ride facilities. For purposes of this subsection, (i) "private transportation provider" means: An auto transportation company regulated under chapter 81.68 RCW; a passenger charter carrier regulated under chapter 81.70 RCW, except marked or unmarked stretch limousines and stretch sport utility vehicles as defined under department of licensing rules; a private nonprofit transportation provider regulated under chapter 81.66 RCW; or a private employer transportation service provider; and (ii) "private employer transportation service" means regularly scheduled, fixed-route transportation service that is offered by an employer for the benefit of its employees.
     (((6))) (7) $2,309,000 of the multimodal transportation account--state appropriation is provided solely for the tri-county connection service for Island, Skagit, and Whatcom transit agencies.
     (((7))) (8) $200,000 of the multimodal transportation account-- state appropriation is contingent on the timely development of an annual report summarizing the status of public transportation systems as identified under RCW 35.58.2796.
     (((8))) (9) Funds provided for the commute trip reduction program may also be used for the growth and transportation efficiency center program.
     (((9))) (10) An affected urban growth area that has not previously implemented a commute trip reduction program is exempt from the requirements in RCW 70.94.527 if a solution to address the state highway deficiency that exceeds the person hours of delay threshold has been funded and is in progress during the 2011-2013 fiscal biennium.
     (11) $10,000,000 of the multimodal transportation account--state appropriation is provided solely for a grant program for transit authorities. The funding provided in this subsection must be distributed statewide to transit authorities according to the distribution formula in (a) of this subsection. Funding must be used for operations.
     (a) Of the amounts provided in this subsection:
     (i) One-third must be distributed based on vehicle miles of service provided;
     (ii) One-third must be distributed based on the number of vehicle hours of service provided; and
     (iii) One-third must be distributed based on the number of passenger trips.
     (b) For the purposes of this subsection:
     (i) "Transit authorities" has the same meaning as in RCW 9.91.025(2).
     (ii) "Vehicle miles of service," "vehicle hours of service," and "passenger trips" are transit service metrics as reported by the public transportation program of the department of transportation in the annual report required in RCW 35.58.2796 for calendar year 2010.
     (c) If chapter ... (Engrossed Substitute Senate Bill No. 6455), Laws of 2012 is not enacted by June 30, 2012, the amount provided in this subsection lapses.

Sec. 221   2011 c 367 s 221 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- MARINE -- PROGRAM X
Puget Sound Ferry Operations Account -- State
     Appropriation . . . . . . . . . . . . (($467,773,000))
       $475,654,000

     The appropriation in this section is subject to the following conditions and limitations:
     (1) The office of financial management budget instructions require agencies to recast enacted budgets into activities. The Washington state ferries shall include a greater level of detail in its 2011-2013 supplemental and 2013-2015 omnibus transportation appropriations act requests, as determined jointly by the office of financial management, the Washington state ferries, and the transportation committees of the legislature. This level of detail must include the administrative functions in the operating as well as capital programs.
     (2) When purchasing uniforms that are required by collective bargaining agreements, the department shall contract with the lowest cost provider.
     (((5))) (3) Until a reservation system is operational on the San Juan islands inner-island route, the department shall provide the same priority loading benefits on the San Juan islands inner-island route to home health care workers as are currently provided to patients traveling for purposes of receiving medical treatment.
     (((6))) (4) The department shall request from the United States coast guard variable minimum staffing levels on all of its vessels by December 31, 2011.
     (((10))) (5) The department shall continue to provide service to Sidney, British Columbia and shall explore the option of purchasing a foreign built vehicle and passenger ferry vessel either with safety of life at sea (SOLAS) certification or the ability to be retrofitted for SOLAS certification to operate solely on the Anacortes to Sidney, British Columbia route currently served by vessels of the Washington state ferries fleet. The vessel should have the capability of carrying at least one hundred standard vehicles and approximately four hundred to five hundred passengers. Further, the department shall explore the possibilities of contracting a commercial company to operate the vessel exclusively on this route so long as the contractor's employees assigned to the vessel are represented by the same employee organizations as the Washington state ferries. The department shall report back to the transportation committees of the legislature regarding: The availability of a vessel; the cost of the vessel, including transport to the Puget Sound region; and the need for any statutory changes for the operation of the Sydney, British Columbia service by a private company.
     (((11))) (6) For the 2011-2013 fiscal biennium, the department of transportation may enter into a distributor controlled fuel hedging program and other methods of hedging approved by the fuel hedging committee.
     (((12) The department shall target service reductions totaling $4,000,000, such that the shortening of shoulder seasons and eliminations of off-peak runs on all routes are considered. Prior to implementing the reductions, the department shall consult with ferry employees and ferry advisory committees to determine which reductions would impact the fewest number of riders. The reductions must be identified and implementation must begin no later than the fall 2011 schedule.
     (13) $135,248,000
)) (7) It is the intent of the legislature to appropriate funding to the Washington state ferries division in the 2013-2015 biennium at a level sufficient to maintain current ferry routes and schedules at existing levels. The Washington state ferries division must conduct any public outreach consistent with the policy direction provided in this subsection to maintain current ferry routes and schedules at existing levels.
     (8) $136,648,000
of the Puget Sound ferry operations account--state appropriation is provided solely for auto ferry vessel operating fuel in the 2011-2013 fiscal biennium. The amount provided in this appropriation represents the fuel budget for purposes of calculating any ferry fare fuel surcharge.
     (((14))) (9) $8,000,000 of the Puget Sound ferry operations account--state appropriation is provided solely for the purchase of fuel for marine operations. If chapter ... (Engrossed Substitute Senate Bill No. 6150), Laws of 2012 is not enacted by June 30, 2012, the amount provided in this subsection lapses.
     (10)
$150,000 of the Puget Sound ferry operations account--state appropriation is provided solely for the department to increase recreation and tourist ridership by entering into agreements for marketing and outreach strategies with local economic development agencies. The department shall identify the number of tourist and recreation riders on the applicable ferry routes both before and after implementation of marketing and outreach strategies developed through the agreements. The department shall report results of the marketing and outreach strategies to the transportation committees of the legislature by October 15, 2012.
     (((15))) (11) The Washington state ferries shall participate in the facilities plan included in section 604 of this act and shall include an investigation and identification of less costly relocation options for the Seattle headquarters office. The department shall include relocation options for the Washington state ferries Seattle headquarters office in the facilities plan. Until September 1, 2012, the department may not enter into a lease renewal for the Seattle headquarters office.
     (((16))) (12) The department, office of financial management, and transportation committees of the legislature shall make recommendations regarding an appropriate budget structure for the Washington state ferries. The recommendation may include a potential restructuring of the Washington state ferries budget. The recommendation must facilitate transparency in reporting and budgeting as well as provide the opportunity to link revenue sources with expenditures. Findings and recommendations must be reported to the office of financial management and the joint transportation committee by September 1, 2011.
     (((17))) (13) Two Kwa-di-tabil class ferry vessels must be placed on the Port Townsend/Coupeville (Keystone) route to provide service at the same levels provided when the steel electric vessels were in service. After the vessels as funded under section 308(((7))) (6) of this act are in service, the two most appropriate of these vessels for the Port Townsend/Coupeville (Keystone) route must be placed on the route. $100,000 of the Puget Sound ferry operations account--state appropriation is provided solely for the additional staffing required to maintain a reservation system at this route when the second vessel is in service.
     (((19))) (14) $706,000 of the Puget Sound ferry operations account--state appropriation is provided solely for terminal operations to implement new federal passenger vessel Americans with disabilities act requirements.
     (((20))) (15) $152,000 of the Puget Sound ferry operations account--state appropriation is provided solely for the department's compliance with its national pollution discharge elimination system permit.
     (((21) If chapter ... (Substitute House Bill No. 2053), Laws of 2011 (additive transportation funding) is not enacted by June 30, 2011, the $4,000,000 in service reductions identified in subsection (12) of this section must be restored and an identical amount must be reduced from the amount provided for the second 144-car vessel identified in section 308(8) of this act.))

Sec. 222   2011 c 367 s 222 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- RAIL -- PROGRAM Y--OPERATING
Multimodal Transportation Account -- State
     Appropriation . . . . . . . . . . . . (($29,688,000))
       $33,339,000
Multimodal Transportation Account--Federal
     Appropriation . . . . . . . . . . . . (($300,000))
       $400,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($29,988,000))
       $33,739,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) (($24,091,000)) $27,816,000 of the multimodal transportation account--state appropriation is provided solely for the Amtrak service contract and Talgo maintenance contract associated with providing and maintaining state-supported passenger rail service. The department is directed to continue to pursue efforts to reduce costs, increase ridership, and review fares or fare schedules. Within thirty days of each annual cost/revenue reconciliation under the Amtrak service contract, the department shall report annual credits to the office of financial management and the legislative transportation committees. Annual credits from Amtrak to the department including, but not limited to, credits for increased revenue due to higher ridership, and fare or fare schedule adjustments, must be used to offset corresponding amounts of the multimodal transportation account--state appropriation, which must be placed in reserve. Upon completion of the rail platform project in the city of Stanwood, the department shall continue to provide daily Amtrak Cascades service to the city.
     (2) Amtrak Cascade runs may not be eliminated.
     (3) The department shall plan for a third roundtrip Cascades train between Seattle and Vancouver, B.C.
     (4) The department shall conduct a pilot program by partnering with the travel industry on the Amtrak Cascades service between Vancouver, British Columbia, and Seattle to test opportunities for increasing ridership, maximizing farebox recovery, and stimulating private investment. The pilot program must run from July 1, 2011, to June 30, 2012. The department shall report on the results of the pilot program to the office of financial management and the legislature by September 30, 2012.

Sec. 223   2011 c 367 s 223 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- LOCAL PROGRAMS -- PROGRAM Z -- OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($8,853,000))
       $8,505,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $2,567,000
Multiuse Roadway Safety Account--State Appropriation . . . . . . . . . . . . $30,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($11,420,000))
       $11,102,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $30,000 of the multiuse roadway safety account--state appropriation is provided solely for regulating the use of off-road vehicles in certain areas. If chapter . . . (Engrossed Second Substitute Senate Bill No. 5366), Laws of 2012 is not enacted by June 30, 2012, the amount provided in this subsection lapses.
     (2)
The department shall submit a report to the transportation committees of the legislature by December 1, 2011, on the implementation of the recommendations that resulted from the evaluation of efficiencies in the delivery of transportation funding and services to local governments that was required under section 204(8), chapter 247, Laws of 2010. The report must include a description of how recommendations were implemented, what efficiencies were achieved, and an explanation of any recommendations that were not implemented.

TRANSPORTATION AGENCIES -- CAPITAL

Sec. 301   2011 c 367 s 301 (uncodified) is amended to read as follows:
FOR THE WASHINGTON STATE PATROL
State Patrol Highway Account--State Appropriation . . . . . . . . . . . . (($6,487,000))
       $2,875,000

     The appropriation in this section is subject to the following conditions and limitations:
     (1) (($653,000)) $1,357,000 of the state patrol highway account--state appropriation is provided solely for the following minor works projects: $200,000 for emergency infrastructure repairs; $75,000 for water and sewer upgrades; $210,000 for emergency backup system replacement; $85,000 for chiller replacement; ((and)) $83,000 for roof replacements; $128,000 for septic system repairs; and $576,000 for HVAC replacements and energy upgrades.
     (2) (($3,226,000)) $1,097,000 of the state patrol highway account--state appropriation is provided solely for the Shelton academy of the Washington state patrol for the new waste water treatment lines, waste water plants, reclaimed water lines, and water systems. ((However, $2,129,000 of this amount is contingent on the department of corrections receiving funding for its portion of the regional water project in the 2011-2013 omnibus capital appropriations act. If this funding is not provided by June 30, 2011, $2,129,000 of the appropriation provided in this subsection lapses.))
     (3) $421,000 of the state patrol highway account--state appropriation is provided solely for the reappropriation of the Shelton regional water project.
     (4) (($2,187,000 of the total appropriation is provided solely for mobile office platforms.
     (5)
)) It is the intent of the legislature that the omnibus operating appropriations act provide funding for the portion of any applicable debt service payments, resulting from financial contracts identified under section 601 of this act, that are attributable to the general fund as identified in the Washington state patrol's cost allocation model.

Sec. 302   2011 c 367 s 302 (uncodified) is amended to read as follows:
FOR THE COUNTY ROAD ADMINISTRATION BOARD
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $874,000
Rural Arterial Trust Account -- State Appropriation . . . . . . . . . . . . (($37,417,000))
       $62,510,000
County Arterial Preservation Account -- State
     Appropriation . . . . . . . . . . . . $29,360,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . $4,000,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($67,651,000))
       $96,744,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $874,000 of the motor vehicle account--state appropriation may be used for county ferry projects as developed pursuant to RCW 47.56.725(4).
     (2) (($37,417,000)) $62,510,000 of the rural arterial trust account--state appropriation is provided solely for county road preservation grant projects as approved by the county road administration board. These funds may be used to assist counties recovering from federally declared emergencies by providing capitalization advances and local match for federal emergency funding, and may only be made using existing fund balances. It is the intent of the legislature that the rural arterial trust account be managed based on cash flow. The county road administration board shall specifically identify any of the selected projects and shall include information concerning the selected projects in its next annual report to the legislature.
     (3) $4,000,000 of the highway safety account--state appropriation is provided solely for the county arterial preservation program to help counties meet urgent preservation needs. If chapter ... (Engrossed Substitute Senate Bill No. 6150), Laws of 2012 is not enacted by June 30, 2012, the amount provided in this subsection lapses.

Sec. 303   2011 c 367 s 303 (uncodified) is amended to read as follows:
FOR THE TRANSPORTATION IMPROVEMENT BOARD
Small City Pavement and Sidewalk Account -- State
     Appropriation . . . . . . . . . . . . (($3,812,000))
       $5,270,000
Transportation Improvement Account -- State
     Appropriation . . . . . . . . . . . . (($201,050,000))
       $237,545,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . $4,000,000

          TOTAL APPROPRIATION . . . . . . . . . . . . (($204,862,000))
       $246,815,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) The transportation improvement account--state appropriation includes up to $22,143,000 in proceeds from the sale of bonds authorized in RCW 47.26.500.
     (2) $4,000,000 of the highway safety account--state appropriation is provided solely to help cities meet urgent preservation and storm water needs.
     (a) $3,600,000 of the amount provided in this subsection is provided solely for the urban arterial program.
     (b) $400,000 of the amount provided in this subsection is provided solely for the small city pavement program.
     (c) If chapter ... (Engrossed Substitute Senate Bill No. 6150), Laws of 2012 is not enacted by June 30, 2012, the amount provided in this subsection lapses.

Sec. 304   2011 c 367 s 304 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- PROGRAM D -- (DEPARTMENT OF TRANSPORTATION-ONLY PROJECTS) -- CAPITAL
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . (($5,433,000))
       $5,545,000

     The appropriation in this section is subject to the following conditions and limitations:
     (1) $1,364,000 of the motor vehicle account--state appropriation is provided solely for the Olympic region site acquisition debt service payments and administrative costs associated with capital improvement and preservation project and financial management.
     (2) (($3,669,000)) $3,781,000 of the motor vehicle account--state appropriation is provided solely for high priority safety projects that are directly linked to employee safety, environmental risk, or minor works that prevent facility deterioration.
     (3) $400,000 of the motor vehicle account--state appropriation is provided solely for the department's compliance with its national pollution discharge elimination system permit.

Sec. 305   2011 c 367 s 305 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- IMPROVEMENTS -- PROGRAM I
((Multimodal Transportation Account--State
     Appropriation . . . . . . . . . . . . $1,000
))
Transportation Partnership Account -- State
     Appropriation . . . . . . . . . . . . (($1,991,547,000))
       $1,621,875,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($86,139,000))
       $111,459,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($450,691,000))
       $849,944,000
Motor Vehicle Account -- Private/Local
     Appropriation . . . . . . . . . . . . (($50,485,000))
       $129,115,000
Transportation 2003 Account (Nickel Account) -- State
     Appropriation . . . . . . . . . . . . (($436,005,000))
       $416,125,000
State Route Number 520 Corridor Account--State
     Appropriation . . . . . . . . . . . . (($1,019,460,000))
       $1,779,000,000
Special Category C Account--State Appropriation . . . . . . . . . . . . $124,000
Tacoma Narrows Toll Bridge Account--State
     Appropriation . . . . . . . . . . . . $5,791,000

          TOTAL APPROPRIATION . . . . . . . . . . . . (($4,034,328,000))
       $4,913,433,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) Except as provided otherwise in this section, the entire transportation 2003 account (nickel account) appropriation and the entire transportation partnership account appropriation are provided solely for the projects and activities as listed by fund, project, and amount in ((LEAP Transportation Document 2011-1 as developed April 19, 2011, Program - Highway Improvement Program (I))) LEAP Transportation Document 2012-1 as developed February 16, 2012, Program - Highway Improvement Program (I). However, limited transfers of specific line-item project appropriations may occur between projects for those amounts listed subject to the conditions and limitations in section 603 of this act.
     (2) ((The department shall, on a quarterly basis beginning July 1, 2011, provide to the office of financial management and the legislature reports providing the status on each active project funded in part or whole by the transportation 2003 account (nickel account) or the transportation partnership account. Funding provided at a programmatic level for transportation partnership account and transportation 2003 account (nickel account) projects relating to bridge rail, guard rail, fish passage barrier removal, and roadside safety projects must be reported on a programmatic basis. Projects within this programmatic level funding must be completed on a priority basis and scoped to be completed within the current programmatic budget. Report formatting and elements must be consistent with the October 2009 quarterly project report. The department shall also provide the information required under this subsection on a quarterly basis.
     (3)
)) Within the motor vehicle account--state appropriation and motor vehicle account--federal appropriation, the department may transfer funds between programs I and P, except for funds that are otherwise restricted in this act.
     (((4))) (3) The department shall apply for surface transportation program enhancement funds to be expended in lieu of or in addition to state funds for eligible costs of projects in programs I and P including, but not limited to, the state route number 518, state route number 520, Columbia river crossing, and Alaskan Way viaduct projects.
     (((5))) (4) The department shall apply for the competitive portion of federal transit administration funds for eligible transit-related costs of the state route number 520 bridge replacement and HOV project and the Columbia river crossing project. The federal funds described in this subsection must not include those federal transit administration funds distributed by formula. The department shall provide a report regarding this effort to the legislature by October 1, 2011.
     (((7))) (5) The department shall work with the department of archaeology and historic preservation to ensure that the cultural resources investigation is properly conducted on all mega-highway projects and large ferry terminal projects. These projects must be conducted with active archaeological management. Additionally, the department shall establish a scientific peer review of independent archaeologists that are knowledgeable about the region and its cultural resources.
     (((8))) (6) For highway construction projects where the department considers agricultural lands of long-term commercial significance, as defined in RCW 36.70A.030, in reviewing and selecting sites to meet environmental mitigation requirements under the national environmental policy act (42 U.S.C. Sec. 4321 et seq.) and the state environmental policy act (chapter 43.21C RCW), the department shall, to the greatest extent possible, consider using public land first. If public lands are not available that meet the required environmental mitigation needs, the department may use other sites while making every effort to avoid any net loss of agricultural lands that have a designation of long-term commercial significance.
     (((9) $361,000)) (7) $561,000 of the transportation partnership account--state appropriation and (($1,245,000)) $1,176,000 of the transportation 2003 account (nickel account)--state appropriation are provided solely for project 0BI4ENV, Environmental Mitigation Reserve -Nickel/TPA project, as indicated in the LEAP transportation document referenced in subsection (1) of this section. Funds may be used only for environmental mitigation work that is required by permits that were issued for projects funded by the transportation partnership account or transportation 2003 account (nickel account). ((As part of the 2012 budget submittal, the department shall provide a list of all projects and associated amounts that are being charged to project OBI4ENV during the 2011-2013 fiscal biennium.
     (10)
)) (8) The transportation 2003 account (nickel account)--state appropriation includes up to (($361,005,000)) $378,105,000 in proceeds from the sale of bonds authorized by RCW 47.10.861.
     (((11))) (9) The transportation partnership account--state appropriation includes up to (($1,427,696,000)) $869,365,000 in proceeds from the sale of bonds authorized in RCW 47.10.873.
     (((12))) (10) The motor vehicle account--state appropriation includes up to (($66,373,000)) $48,354,000 in proceeds from the sale of bonds authorized in RCW 47.10.843.
     (((13))) (11) The state route number 520 corridor account--state appropriation includes up to (($987,717,000)) $1,779,000,000 in proceeds from the sale of bonds authorized in RCW 47.10.879.
     (((14) $391,000)) (12) $767,000 of the motor vehicle account--state appropriation and (($4,027,000)) $3,736,000 of the motor vehicle account--federal appropriation are provided solely for the US 2 High Priority Safety project (100224I). Expenditure of these funds is for safety projects on state route number 2 between Monroe and Gold Bar, which may include median rumble strips, traffic cameras, and electronic message signs.
     (((15) $687,000)) (13) $820,000 of the motor vehicle account--federal appropriation, $16,308,000 of the motor vehicle account--private/local appropriation, and (($22,000)) $48,000 of the motor vehicle account--state appropriation are provided solely for the US 2/Bickford Avenue - Intersection Safety Improvements project (100210E).
     (((16) $435,000)) (14) $595,000 of the motor vehicle account--state appropriation is provided solely for environmental work on the Belfair Bypass project (300344C).
     (((17) $108,000)) (15) $372,000 of the motor vehicle account--federal appropriation and (($3,000)) $9,000 of the motor vehicle account--state appropriation are provided solely for the I-5/Vicinity of Joint Base Lewis-McChord - Install Ramp Meters project (300596M).
     (((18) $253,444,000)) (16) $202,863,000 of the transportation partnership account--state appropriation and (($66,034,000)) $51,138,000 of the transportation 2003 account (nickel account)--state appropriation are provided solely for the I-5/Tacoma HOV Improvements (Nickel/TPA) project (300504A). The use of funds in this subsection to renovate any buildings is subject to the requirements of section 604 of this act. The department shall report to the legislature and the office of financial management on any costs associated with building renovations funded in this subsection.
     (((19))) (17)(a) (($8,321,000)) $7,423,000 of the transportation partnership account--state appropriation ((and $31,380,000)), $62,779,000 of the motor vehicle account--federal appropriation, and $29,548,000 of the motor vehicle account--private/local appropriation are provided solely for the I-5/Columbia River Crossing project (400506A). Of this amount, $200,000 of the transportation partnership account--state appropriation is provided solely for the department to work with the department of archaeology and historic preservation to ensure that the cultural resources investigation is properly conducted on the Columbia river crossing project. This project must be conducted with active archaeological management and result in one report that spans the single cultural area in Oregon and Washington. Additionally, the department shall establish a scientific peer review of independent archaeologists that are knowledgeable about the region and its cultural resources. No funding from any account may be expended until written confirmation has been received by the department that the state of Oregon is providing an equal amount of additional funding to the project.
     (b) Consistent with the draft environmental impact statement and the Columbia river crossing project's independent review panel report, the Columbia river crossing project's financial plan must include recognition of state transportation funding contributions from both Washington and Oregon, federal transportation funding, and a funding contribution from toll bond proceeds. Following the refinement of the finance plan as recommended by the independent review panel, the department may seek authorization from the legislature to collect tolls on the existing Columbia river crossing or on a replacement crossing over Interstate 5.
     (c) Of the amounts provided in this subsection (17), $1,800,000 of the motor vehicle account--federal appropriation is provided solely for the investment-grade traffic and revenue analysis described in section 205(5) of this act, and this is the maximum amount the department may expend for this purpose. The department shall enter into an interagency agreement with the transportation commission to cover the costs of the investment-grade traffic and revenue analysis described in section 205(5) of this act.
     (d) The Washington state department of transportation budget includes resources to continue work on solutions that advance the Columbia River Crossing project to completion of the required environmental impact statement. The department must report to the Columbia River Crossing legislative oversight subcommittee of the joint transportation committee, established in section 204(5) of this act, on the progress made on the Columbia River Crossing project at each meeting of the oversight subcommittee. Reporting must include updated information on cost estimates, rights-of-way purchases and procurement schedules, and financing plans for the Columbia River Crossing project, including projected traffic volumes, fuel and gas price assumptions, toll rates, costs of toll collections, as well as potential need for general transportation funding. By January 1, 2013, the department shall provide to the oversight subcommittee of the joint transportation committee a phased master plan for the Columbia River Crossing project.

     (((20) $107,000)) (18) $309,000 of the motor vehicle account--federal appropriation and (($27,000)) $78,000 of the motor vehicle account--state appropriation are provided solely for the SR 9/SR 204 Intersection Improvement project (L2000040).
     (((21) $2,134,000)) (19) $3,385,000 of the motor vehicle account--federal appropriation and (($47,000)) $50,000 of the motor vehicle account--state appropriation are provided solely for the US 12/Nine Mile Hill to Woodward Canyon Vic - Build New Highway project (501210T).
     (((22) $294,000)) (20) $391,000 of the motor vehicle account--federal appropriation and (($13,000)) $16,000 of the motor vehicle account--state appropriation are provided solely for the SR 16/Rosedale Street NW Vicinity - Frontage Road project (301639C). The frontage road must be built for driving speeds of no more than thirty-five miles per hour.
     (((23) $1,000,000)) (21) $621,000 of the motor vehicle account--federal appropriation is provided solely for the SR 20/Race Road to Jacob's Road safety project (L2200042).
     (((24) $24,002,000)) (22) $32,162,000 of the transportation partnership account--state appropriation is provided solely for the SR 28/ US 2 and US 97 Eastmont Avenue Extension project (202800D).
     (((25) $569,000)) (23) $1,227,000 of the motor vehicle account--federal appropriation and (($9,000)) $38,000 of the motor vehicle account--state appropriation are provided solely for design and right-of-way work on the I-82/Red Mountain Vicinity project (508208M). The department shall continue to work with the local partners in developing transportation solutions necessary for the economic growth in the Red Mountain American viticulture area of Benton county.
     (((26))) (24) $1,500,000 of the motor vehicle account--federal appropriation is provided solely for the I-90 Comprehensive Tolling Study and Environmental Review project (100067T). The department shall undertake a comprehensive environmental review of tolling Interstate 90 between Interstate 5 and Interstate 405 for the purposes of both managing traffic and providing funding for construction of the unfunded state route number 520 from Interstate 5 to Medina project. The environmental review must include significant outreach to potentially affected communities. The department may consider traffic management options that extend as far east as Issaquah.
     (((27) $9,422,000)) (25) $12,149,000 of the motor vehicle account--federal appropriation and (($193,000)) $362,000 of the motor vehicle account--state appropriation are provided solely for the I-90/Sullivan Road to Barker Road - Additional Lanes project (609049N).
     (((28))) (26) Up to $8,000,000 in savings realized on the I-90/Snoqualmie Pass East - Hyak to Keechelus Dam - Corridor project (509009B) may be used for design work on the next two-mile segment of the corridor. Any additional savings on this project must remain on the corridor. (($590,000 of the funds appropriated for this project may be used to purchase land currently owned by the state parks department.)) Project funds may not be used to build or improve buildings until the plan described in section 604 of this act is complete.
     (((29) $932,000)) (27) $657,000 of the motor vehicle account--federal appropriation is provided solely for the US 97A/North of Wenatchee - Wildlife Fence project (209790B).
     (((30))) (28) The department shall reconvene an expert review panel of no more than three members as described under RCW 47.01.400 for the purpose of updating the work that was previously completed by the panel on the Alaskan Way viaduct replacement project and to ensure that an appropriate and viable financial plan is created and regularly reviewed. The expert review panel must be selected cooperatively by the chairs of the senate and house of representatives transportation committees, the secretary of transportation, and the governor. The expert review panel must report findings and recommendations to the transportation committees of the legislature, the governor's Alaskan Way viaduct project oversight committee, and the transportation commission by October 2011, and annually thereafter until the project is operationally complete.
     (((31))) (29) It is important that the public and policymakers have accurate and timely access to information related to the Alaskan Way viaduct replacement project as it proceeds to, and during, the construction of all aspects of the project including, but not limited to, information regarding costs, schedules, contracts, project status, and neighborhood impacts. Therefore, it is the intent of the legislature that the state, city, and county departments of transportation establish a single source of accountability for integration, coordination, tracking, and information of all requisite components of the replacement project, which must include, at a minimum:
     (a) A master schedule of all subprojects included in the full replacement project or program; and
     (b) A single point of contact for the public, media, stakeholders, and other interested parties.
     (((32))) (30) Within the amounts provided in this section, $20,000 of the motor vehicle account--state appropriation and $980,000 of the motor vehicle account--federal appropriation are provided solely for the department to continue work on a comprehensive tolling study of the state route number 167 corridor (project 316718S). As funding allows, the department shall also continue work on a comprehensive tolling study of the state route number 509 corridor.
     (((33))) (31)(a) (($131,303,000)) $137,022,000 of the transportation partnership account--state appropriation((, $51,410,000)) and $50,623,000 of the transportation 2003 account (nickel account)--state appropriation((, and $10,000,000 of the motor vehicle account--federal appropriation)) are provided solely for the I-405/Kirkland Vicinity Stage 2 - Widening project (8BI1002). This project must be completed as soon as practicable as a design-build project and must be constructed with a footprint that would accommodate potential future express toll lanes.
     (b) As part of the project, the department shall conduct a traffic and revenue analysis and complete a financial plan to provide additional information on the revenues, expenditures, and financing options available for active traffic management and congestion relief in the Interstate 405 and state route number 167 corridors. A report must be provided to the transportation committees of the legislature and the office of financial management by January 2012. However, this subsection (((33))) (31)(b) is null and void if chapter . . . (Engrossed House Bill No. 1382), Laws of 2011 (I-405 express toll lanes) is enacted by June 30, 2011.
     (c) Within the amounts provided for this project, funding is provided solely for tolling equipment, such as gantries, barriers, or cameras, on Interstate 405, consistent with chapter 369, Laws of 2011. The department shall place amounts for tolling equipment into unallotted status until the traffic and revenue analysis required in RCW 47.56.886 is submitted to the governor and the legislature. Once the report has been submitted, the office of financial management may approve the allotment of funds for tolling equipment only after consultation with the joint transportation committee.
     (32) $40,000,000 in savings realized on the I-405/Kirkland Vicinity Stage 2--Widening project (8BI1002) shall be used for preliminary engineering, construction, and rights-of-way purchase on the Interstate 405/state route number 167 direct connector.

     (((34))) (33) Funding for a signal at state route number 507 and Yew Street is included in the appropriation for intersection and spot improvements (0BI2002).
     (((35) $226,809,000)) (34) $226,167,000 of the transportation partnership account--state appropriation ((and $1,019,460,000)), $898,286,000 of the state route number 520 corridor account--state appropriation, and $63,003,000 of the motor vehicle account--federal appropriation are provided solely for the state route number 520 bridge replacement and HOV program (8BI1003). When developing the financial plan for the program, the department shall assume that all maintenance and operation costs for the new facility are to be covered by tolls collected on the toll facility, and not by the motor vehicle account.
     (((36) $650,000 of the motor vehicle account--federal appropriation is provided solely for the SR 522 Improvements/61st Avenue NE and NE 181st Street project (L1000055).
     (37)
)) (35) $500,000 of the motor vehicle account--state appropriation is provided solely for a multimodal corridor plan on state route number 520 between Interstate 405 and Avondale Road in Redmond (L1000054).
     (36)
$300,000 of the motor vehicle account--federal appropriation is provided solely for the SR 523 Corridor study (L1000059).
     (((38))) (37) The department shall consider using the city of Mukilteo's off-site mitigation program in the event any projects on state route number 525 or 526 require environmental mitigation.
     (((39))) (38) Any savings on projects on the state route number 532 corridor must be used within the corridor to begin work on flood prevention and raising portions of the highway above flood and storm influences.
     (39) $5,791,000 of the Tacoma Narrows toll bridge account--state appropriation is provided solely for deferred sales tax expenses on the construction of the new Tacoma Narrows bridge (L1000054).
     (40) Construction of a new traffic management center may not commence until the budget evaluation study in section 102(1) of this act is complete and the office of financial management has determined that a new traffic management center is the preferred option and has approved this project.
     (41) $8,000,000 of the motor vehicle account--state appropriation is provided solely for the design and preliminary engineering of projects and for rights-of-way acquisition, as provided in LEAP Transportation Document 2012-3 and referenced as project (L110040) on LEAP Transportation Document 2012-2 ALL PROJECTS as developed February 16, 2012, except that the following interchanges are added to the JBLM Corridor project: Martin Way and Marvin Road. The department shall work collaboratively with the south sound military and communities partnership on the JBLM Corridor project. Funds must be used to promote the initial development of these projects for the purpose of expediting the delivery of the associated major investments when funding for such investments becomes available. Funding may be reallocated between projects to maximize the accomplishment of design and preliminary engineering work and rights-of-way acquisition, provided that all projects are addressed. It is the intent of the legislature that, while seeking to maximize the outcomes sought in this section, the department use an approach to retain core agency competencies of its workforce while strategically utilizing private sector involvement to avoid growth in the state workforce. If chapter ... (Engrossed Substitute Senate Bill No. 6455), Laws of 2012 is not enacted by June 30, 2012, the amount provided in this subsection lapses.

Sec. 306   2011 c 367 s 306 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- PRESERVATION -- PROGRAM P
Transportation Partnership Account -- State
     Appropriation . . . . . . . . . . . . (($34,182,000))
       $44,463,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($67,790,000))
       $85,241,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($632,489,000))
       $540,306,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . (($19,253,000))
       $21,585,000
Tacoma Narrows Toll Bridge Account--State
     Appropriation . . . . . . . . . . . . $259,000
Transportation 2003 Account (Nickel Account)--State
     Appropriation . . . . . . . . . . . . $23,000
State Transportation Operations and Maintenance
     Account--State Appropriation . . . . . . . . . . . . $43,000,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . $4,000,000

          TOTAL APPROPRIATION . . . . . . . . . . . . (($753,714,000))
       $738,877,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) Except as provided otherwise in this section, the entire transportation 2003 account (nickel account) appropriation and the entire transportation partnership account appropriation are provided solely for the projects and activities as listed by fund, project, and amount in ((LEAP Transportation Document 2011-1 as developed April 19, 2011, Program - Highway Preservation Program (P))) LEAP Transportation Document 2012-1 as developed February 16, 2012, Program - Highway Preservation Program (P). However, limited transfers of specific line-item project appropriations may occur between projects for those amounts listed subject to the conditions and limitations in section 603 of this act.
     (2) ((The department shall, on a quarterly basis beginning July 1, 2011, provide to the office of financial management and the legislature reports providing the status on each active project funded in part or whole by the transportation 2003 account (nickel account) or the transportation partnership account. Funding provided at a programmatic level for transportation partnership account projects relating to seismic bridges must be reported on a programmatic basis. Projects within this programmatic level funding must be completed on a priority basis and scoped to be completed within the current programmatic budget. The department shall work with the office of financial management and the transportation committees of the legislature to agree on report formatting and elements. Elements must include, but not be limited to, project scope, schedule, and costs. The department shall also provide the information required under this subsection on a quarterly basis.
     (3)
)) The department of transportation shall continue to implement the lowest life-cycle cost planning approach to pavement management throughout the state to encourage the most effective and efficient use of pavement preservation funds. Emphasis should be placed on increasing the number of roads addressed on time and reducing the number of roads past due.
     (((5))) (3) Within the motor vehicle account--state appropriation and motor vehicle account--federal appropriation, the department may transfer funds between programs I and P, except for funds that are otherwise restricted in this act.
     (((6))) (4) The department shall apply for surface transportation program enhancement funds to be expended in lieu of or in addition to state funds for eligible costs of projects in programs I and P.
     (((7) The motor vehicle account--state appropriation includes up to $17,652,000 in proceeds from the sale of bonds authorized in RCW 47.10.843.
     (8)
)) (5) The department must work with cities and counties to develop a comparison of direct and indirect labor costs, overhead rates, and other costs for high-cost bridge inspections charged by the state, counties, and other entities. The comparison is due to the transportation committees of the legislature on September 1, 2011.
     (((9) $277,000)) (6) $789,000 of the motor vehicle account--federal appropriation and (($10,000)) $6,000 of the motor vehicle account--state appropriation are provided solely for the environmental impact statement and preliminary planning for the replacement of the state route number 9 Snohomish river bridge (project L2000018).
     (((10) $9,641,000)) (7) $10,843,000 of the motor vehicle account--federal appropriation, (($2,000,000)) $1,992,000 of the motor vehicle account--private/local appropriation, and (($361,000)) $390,000 of the motor vehicle account--state appropriation are provided solely for the SR 21/Keller Ferry - Replace Boat project (602110J).
     (((11) $3,093,000)) (8) $165,000 of the motor vehicle account--federal appropriation is provided solely for the I-90/Ritzville to Tokio - Paving of Outside Lanes project (609041G).
     (((12) $2,733,000)) (9) $5,565,000 of the motor vehicle account--federal appropriation and (($114,000)) $232,000 of the motor vehicle account--state appropriation are provided solely for the SR 167/Puyallup River Bridge Replacement project (316725A). This project must be completed as a design-build project. The department must work with local jurisdictions and the community during the environmental review process to develop appropriate esthetic design elements, at no additional cost to the department, and traffic management plans pertaining to this project. The department must report to the transportation committees of the legislature on estimated cost and/or time savings realized as a result of using the design-build process.
     (((13) $295,000)) (10) $507,000 of the motor vehicle account--federal appropriation and (($5,000)) $13,000 of the motor vehicle account--state appropriation are provided solely for the SR 906/Travelers Rest - Building Renovation project (090600A).
     (11) $43,000,000 of the state transportation operations and maintenance account--state appropriation is provided solely for asphalt and concrete preservation. If Substitute House Bill No. 2660 (petroleum product barrel fee) is not enacted by June 30, 2012, the amount provided in this subsection lapses.
     (12) $4,000,000 of the highway safety account--state appropriation is provided solely for urgent preservation needs on the state highway system (L110041). If chapter ... (Engrossed Substitute Senate Bill No. 6150), Laws of 2012 is not enacted by June 30, 2012, the amount provided in this subsection lapses.

Sec. 307   2011 c 367 s 307 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRAFFIC OPERATIONS -- PROGRAM Q -- CAPITAL
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($6,439,000))
       $8,779,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($5,600,000))
       $7,283,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($12,039,000))
       $16,062,000

     The appropriations in this section are subject to the following conditions and limitations: (($1,000,000)) $835,000 of the motor vehicle account--state appropriation for project 000005Q is provided solely for state matching funds for federally selected competitive grants or congressional earmark projects. These moneys must be placed into reserve status until such time as federal funds are secured that require a state match.

Sec. 308   2011 c 367 s 308 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--WASHINGTON STATE FERRIES CONSTRUCTION--PROGRAM W
Puget Sound Capital Construction Account--State
     Appropriation . . . . . . . . . . . . (($68,013,000))
       $70,381,000
Puget Sound Capital Construction Account--Federal
     Appropriation . . . . . . . . . . . . (($41,500,000))
       $53,802,000
Puget Sound Capital Construction Account--Private/Local
     Appropriation . . . . . . . . . . . . $200,000

Transportation 2003 Account (Nickel Account)--State
     Appropriation . . . . . . . . . . . . (($118,027,000))
       $158,376,000
Transportation Partnership Account--State
     Appropriation . . . . . . . . . . . . (($12,536,000))
       $12,838,000
Multimodal Transportation Account--State
     Appropriation . . . . . . . . . . . . (($43,265,000))
       $35,054,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($283,341,000))
       $330,651,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) (($68,013,000)) $70,381,000 of the Puget Sound capital construction account--state appropriation, (($41,500,000)) $53,802,000 of the Puget Sound capital construction account--federal appropriation, (($12,536,000)) $12,838,000 of the transportation partnership account--state appropriation, (($118,027,000)) $158,376,000 of the transportation 2003 account (nickel account)--state appropriation, ((and $43,265,000)) $35,054,000 of the multimodal transportation account--state appropriation, and $200,000 of the Puget Sound capital construction account--private/local appropriation are provided solely for ferry projects, as listed in LEAP Transportation Document ((2011)) 2012-2 ALL PROJECTS as developed ((April 19, 2011)) February 16, 2012, Program - Washington State Ferries Capital Program (W).
     (2) The department shall work with the department of archaeology and historic preservation to ensure that the cultural resources investigation is properly conducted on all large ferry terminal projects. These projects must be conducted with active archaeological management.
     (3) The multimodal transportation account--state appropriation includes up to (($43,265,000)) $35,054,000 in proceeds from the sale of bonds authorized in RCW 47.10.867.
     (4) The transportation 2003 account (nickel account)--state appropriation includes up to (($82,143,000)) $43,447,000 in proceeds from the sale of bonds authorized in RCW 47.10.861.
     (5) The Puget Sound capital construction account--state appropriation includes up to (($52,516,000)) $48,615,000 in proceeds from the sale of bonds authorized in RCW 47.10.843.
     (((7) $20,906,000)) (6) $17,970,000 of the transportation 2003 account (nickel account)--state appropriation((, $9,711,000 of the multimodal transportation account--state appropriation, and $1,537,000 of the Puget Sound capital construction account--state appropriation are)) is provided solely for the acquisition of new Kwa-di-tabil class ferry vessels subject to the conditions of RCW 47.56.780 (944470A).
     (((8) $33,404,000)) (7) $30,404,000 of the multimodal transportation account--state appropriation, (($2,000,000)) $1,000,000 of the Puget Sound capital construction account--((state)) federal appropriation, $11,500,000 of the transportation partnership account--state appropriation, and (($81,085,000)) $80,924,057 of the transportation 2003 account (nickel account)--state appropriation are provided solely for the acquisition of ((two)) one 144-car vessel((s contingent upon new and sufficient resources. Of these amounts, $123,828,000 is provided solely for the first 144-car vessel)) L2200038. The department shall use as much already procured equipment as practicable on the 144-car vessel. The vendor must present to the joint transportation committee and the office of financial management, by August 15, 2011, a list of options that will result in significant cost savings changes in terms of construction or the long-term maintenance and operations of the vessel. The vendor must allow for exercising the options without a penalty. If neither chapter ... (Engrossed Substitute Senate Bill No. 5742), Laws of 2011 nor chapter ... (House Bill No. 2083), Laws of 2011 is enacted by June 30, 2011, $75,000,000 of the transportation 2003 account (nickel account)--state appropriation in this subsection lapses.
     (((9))) (7) $43,447,000 of the transportation 2003 account (nickel account)--state appropriation and $2,500,000 of the Puget Sound capital construction account--federal appropriation are provided solely for a second 144-car diesel vessel. If chapter ... (Engrossed Substitute House Bill No. 6455), Laws of 2012 is not enacted by June 30, 2012, the amount provided in this subsection lapses.
     (8)
The department shall provide to the office of financial management and the legislature quarterly reports providing the status on each project listed in this section and in the project lists submitted pursuant to this act and on any additional projects for which the department has expended funds during the 2011-2013 fiscal biennium. Elements must include, but not be limited to, project scope, schedule, and costs. The department shall also provide the information required under this subsection via the transportation executive information system. ((The quarterly report regarding the status of projects identified on the list referenced in subsection (1) of this section must be developed according to an earned value method of project monitoring.)) The earned value method of project monitoring must be used for the following projects while in the design phase: Seattle Terminal Building Replacement project; Seattle Slip 3 Transfer Span and OHL Replacement project; Mukilteo Multimodal project; Vashon Trestle Replacement project; and Southworth Trestle Replacement project.
     (((11) $3,932,000)) (9) $7,048,000 of the total appropriation is provided solely for continued permitting work on the Mukilteo ferry terminal (project 952515P). The department shall seek additional federal funding for this project. Prior to beginning terminal improvements, the department shall report to the legislature on the final environmental impact statement by December 31, 2012. The report must include an overview of the costs and benefits of each of the alternatives considered, as well as an identification of costs and a funding plan for the preferred alternative.
     (10) The state shall take the necessary steps to expedite the environmental review and design processes to replace the Mukilteo ferry terminal with an alternative that relocates the terminal to the Mukilteo tank farm as part of an integrated multimodal center.
     (((13))) (11) The department shall review all terminal project cost estimates to identify projects where similar design requirements could result in reduced preliminary engineering or miscellaneous items costs. The department shall report to the legislature by September 1, 2011. The report must use programmatic design and include estimated cost savings by reducing repetitive design costs or miscellaneous costs, or both, applied to projects.
     (((14) $2,000,000)) (12) $3,000,000 of the Puget Sound capital construction account--state appropriation is provided solely for emergency capital repair costs (999901K). Funds may be spent only after approval from the office of financial management.
     (((15) $7,167,000)) (13) $4,851,000 of the Puget Sound capital construction account--state appropriation is provided solely for the reservation (L2000041) and communications (L2000042) system project.
     (14) Consistent with RCW 47.60.662, which requires the Washington state ferry system to collaborate with passenger-only ferry and transit providers to provide service at existing terminals, the department shall ensure that multimodal access, including for passenger-only ferries and transit service providers, is maintained at the Seattle terminal and included in any future modifications at the terminal.
     (15) $641,500 of the Puget Sound capital construction account--state appropriation is provided solely for the department to work with the United States coast guard and other relevant agencies to conduct security and operational planning, and public outreach, in order to provide additional information for decision-making regarding the use of liquefied natural gas-powered vessels in the Washington state ferry fleet. The department shall invite representatives of Alaska and Canada to participate in this process.
     (16) For any projects for which state ferry vessels are to be retrofitted for liquefied natural gas use, the department shall use an alternative procurement procedure, such as design-build or design-build-operate. The department may not use full-time equivalent staff for aspects of such projects other than for conceptual design or performance specification definition.

Sec. 309   2011 c 367 s 309 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- RAIL -- PROGRAM Y -- CAPITAL
Essential Rail Assistance Account--State
     Appropriation . . . . . . . . . . . . (($1,000,000))
       $1,064,000
Transportation Infrastructure Account -- State
     Appropriation . . . . . . . . . . . . (($5,838,000))
       $5,693,000
Multimodal Transportation Account--State
     Appropriation . . . . . . . . . . . . (($52,000,000))
       $58,779,000
Multimodal Transportation Account -- Federal
     Appropriation . . . . . . . . . . . . (($366,314,000))
       $236,597,000
Multimodal Transportation Account--Private/Local
     Appropriation . . . . . . . . . . . . (($1,292,000))
       $1,010,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($426,444,000))
       $303,143,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1)(a) Except as provided otherwise in this section, the entire appropriations in this section are provided solely for the projects and activities as listed by project and amount in LEAP Transportation Document ((2011)) 2012-2 ALL PROJECTS as developed ((April 19, 2011)) February 16, 2012, Program-Rail Capital Program (Y).
     (b) Within the amounts provided in this section, (($2,903,000)) $3,180,000 of the transportation infrastructure account--state appropriation is for low-interest loans through the freight rail investment bank program for specific projects listed as recipients of these loans in the LEAP transportation document identified in (a) of this subsection. The department shall issue freight rail investment bank program loans with a repayment period of no more than ten years, and only so much interest as is necessary to recoup the department's costs to administer the loans.
     (((c) Within the amounts provided in this section, $1,754,000 of the multimodal transportation account--state appropriation and $1,000,000 of the essential rail assistance account--state appropriation are for statewide emergent freight rail assistance projects identified in the LEAP transportation document identified in (a) of this subsection.))
     (2)(a) If any funds remain in the program reserves (F01001A & F01000A) for the program and projects listed in subsection (1)(b) ((and (c))) of this section, the department shall issue a call for projects for the freight rail investment bank (FRIB) loan program and the emergent freight rail assistance program (FRAP) grants, and shall evaluate the applications according to the cost-benefit methodology developed during the 2008 interim using the legislative priorities specified in (c) of this subsection. Unsuccessful FRAP grant applicants should be encouraged to apply to the FRIB loan program, if eligible. By November 1, 2011, the department shall submit a prioritized list of recommended projects to the office of financial management and the transportation committees of the legislature.
     (b) When the department identifies a prospective rail project that may have strategic significance for the state, or at the request of a proponent of a prospective rail project or a member of the legislature, the department shall evaluate the prospective project according to the cost-benefit methodology developed during the 2008 interim using the legislative priorities specified in (c) of this subsection. The department shall report its cost-benefit evaluation of the prospective rail project, as well as the department's best estimate of an appropriate construction schedule and total project costs, to the office of financial management and the transportation committees of the legislature.
     (c) The legislative priorities to be used in the cost-benefit methodology are, in order of relative importance:
     (i) Economic, safety, or environmental advantages of freight movement by rail compared to alternative modes;
     (ii) Self-sustaining economic development that creates family-wage jobs;
     (iii) Preservation of transportation corridors that would otherwise be lost;
     (iv) Increased access to efficient and cost-effective transport to market for Washington's agricultural and industrial products;
     (v) Better integration and cooperation within the regional, national, and international systems of freight distribution; and
     (vi) Mitigation of impacts of increased rail traffic on communities.
     (3) The department is directed to expend unallocated federal rail crossing funds in lieu of or in addition to state funds for eligible costs of projects in program Y.
     (4) The department shall provide quarterly reports to the office of financial management and the transportation committees of the legislature regarding applications that the department submits for federal funds and the status of such applications.
     (5) The department shall, on a quarterly basis, provide to the office of financial management and the legislature reports providing the status on active projects identified in the LEAP transportation document described in subsection (1)(a) of this section. Report formatting and elements must be consistent with the October 2009 quarterly project report.
     (6) The multimodal transportation account--state appropriation includes up to (($19,684,000)) $2,946,000 in proceeds from the sale of bonds authorized in RCW 47.10.867.
     (7) ((When the balance of that portion of the miscellaneous program account apportioned to the department for the grain train program reaches $1,180,000, the department shall acquire additional grain train railcars.
     (8) $1,087,000 of the multimodal transportation account--state appropriation is provided solely as state matching funds for successful grant applications to either the federal rail line relocation and improvement program (project 798999D) or new federal high-speed rail grants.
     (9)
)) Revenues from the grain train railcar program must be used to support grain train railcar maintenance and program costs accrued by ports. Upon legislative approval, excess grain train railcar revenues may be used for maintenance of state-owned railroads and future purchases of grain train railcars.
     (8)
The Burlington Northern Santa Fe Skagit river bridge is an integral part of the rail system. Constructed in 1916, the bridge does not meet current design standards and is at risk during flood events that occur on the Skagit river. The department shall work with Burlington Northern Santa Fe and local jurisdictions to secure federal funding for the Skagit river bridge and to develop an appropriate replacement plan and schedule.
     (((10) $339,139,000)) (9) $155,572,000 of the multimodal transportation account--federal appropriation and (($5,099,000)) $2,697,000 of the multimodal transportation account--state appropriation are provided solely for expenditures related to passenger high-speed rail grants. At one and one-half percent of the total project funds, the multimodal transportation account--state funds are provided solely for expenditures that are not federally reimbursable. Funding in this subsection is the initial portion of multiyear high-speed rail program grants awarded to Washington state for high-speed intercity passenger rail investments. Funding will allow for two additional round trips between Seattle and Portland and other rail improvements.
     (((11))) (10) $750,000 of the multimodal transportation account--state appropriation is provided solely for the Port of Royal Slope rehabilitation project (L1000053). Funding is contingent upon the project completing the rail cost-benefit methodology process developed during the 2008 interim using the legislative priorities outlined in subsection (2)(c) of this section.

Sec. 310   2011 c 367 s 310 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- LOCAL PROGRAMS -- PROGRAM Z -- CAPITAL
Highway Infrastructure Account -- State Appropriation . . . . . . . . . . . . $207,000
Highway Infrastructure Account -- Federal
     Appropriation . . . . . . . . . . . . $1,602,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($3,754,000))
       $4,179,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($31,856,000))
       $30,430,000
Freight Mobility Investment Account -- State
     Appropriation . . . . . . . . . . . . $11,278,000
Transportation Partnership Account -- State
     Appropriation . . . . . . . . . . . . (($6,035,000))
       $7,181,000
Freight Mobility Multimodal Account -- State
     Appropriation . . . . . . . . . . . . (($15,117,000))
       $15,668,000
Freight Mobility Multimodal Account -- Local
     Appropriation . . . . . . . . . . . . (($4,752,000))
       $2,834,000
Multimodal Transportation Account -- State
     Appropriation . . . . . . . . . . . . (($18,453,000))
       $22,475,000
Passenger Ferry Account--State Appropriation . . . . . . . . . . . . $1,115,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . $3,500,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($94,169,000))
       $100,469,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) ((The department shall, on a quarterly basis beginning July 1, 2011, provide to the office of financial management and the legislature reports providing the status on each active project funded in part or whole by the transportation 2003 account (nickel account) or the transportation partnership account. Report formatting and elements must be consistent with the October 2009 quarterly project report. The department shall also provide the information required under this subsection on a quarterly basis via the transportation executive information system.
     (2)
)) $1,115,000 of the passenger ferry account--state appropriation is provided solely for near and long-term costs of capital improvements and operating expenses that are consistent with the business plan approved by the governor for passenger ferry service.
     (((3))) (2) The department shall apply for surface transportation program enhancement funds to be expended in lieu of or in addition to state funds for eligible costs of projects in local programs, program Z--capital.
     (((4) Federal funds may be transferred from program Z to programs I and P and state funds must be transferred from programs I and P to program Z to replace those federal funds in a dollar-for-dollar match. Fund transfers authorized under this subsection shall not affect project prioritization status. Appropriations must initially be allotted as appropriated in this act. The department may not transfer funds as authorized under this subsection without approval of the office of financial management. The department shall submit a report on those projects receiving fund transfers to the office of financial management and the transportation committees of the legislature by December 1, 2011, and December 1, 2012.
     (5)
)) (3) The city of Winthrop may utilize a design-build process for the Winthrop bike path project.
     (((6) $11,557,000)) (4) $14,813,000 of the multimodal transportation account--state appropriation, (($12,136,000)) $12,804,000 of the motor vehicle account--federal appropriation, and (($5,195,000)) $6,241,000 of the transportation partnership account--state appropriation are provided solely for the pedestrian and bicycle safety program projects and safe routes to schools program projects identified in: LEAP Transportation Document 2011-A, pedestrian and bicycle safety program projects and safe routes to schools program projects, as developed April 19, 2011; LEAP Transportation Document 2009-A, pedestrian and bicycle safety program projects and safe routes to schools program projects, as developed March 30, 2009; LEAP Transportation Document 2007-A, pedestrian and bicycle safety program projects and safe routes to schools program projects, as developed April 20, 2007; and LEAP Transportation Document 2006-B, pedestrian and bicycle safety program projects and safe routes to schools program projects, as developed March 8, 2006. Projects must be allocated funding based on order of priority. The department shall review all projects receiving grant awards under this program at least semiannually to determine whether the projects are making satisfactory progress. Any project that has been awarded funds, but does not report activity on the project within one year of the grant award must be reviewed by the department to determine whether the grant should be terminated. The department shall promptly close out grants when projects have been completed, and identify where unused grant funds remain because actual project costs were lower than estimated in the grant award.
     (((7))) (5) Except as provided otherwise in this section, the entire appropriations in this section are provided solely for the projects and activities as listed by project and amount in ((LEAP Transportation Document 2011-2 ALL PROJECTS as developed April 19, 2011, Program - Local Program (Z))) LEAP Transportation Document 2012-2 ALL PROJECTS as developed February 16, 2012.
     (((8))) (6) For the 2011-2013 project appropriations, unless otherwise provided in this act, the director of the office of financial management may authorize a transfer of appropriation authority between projects managed by the freight mobility strategic investment board and may also advance projects in future biennia, as identified in LEAP Transportation Document 2012-2 ALL PROJECTS as developed February 16, 2012, into the current biennium in order for the board to manage project spending and efficiently deliver all projects in the respective program.
     (((9))) (7) With each department budget submittal, the department shall provide an update on the status of the repayment of the twenty million dollars of unobligated federal funds authority advanced by the department in September 2010 to the city of Tacoma for the Murray Morgan/11th Street bridge project.
     (((10))) (8) The department shall prepare a list of main street projects, consistent with chapter ... (Engrossed Substitute House Bill No. 1071), Laws of 2011, for approval in the 2013-2015 fiscal biennium. In order to ensure that any proposed list of projects is consistent with legislative intent, the department shall provide a report to the joint transportation committee by December 1, 2011. The report must identify the eligible segments of main streets highways, the department's proposed project selection and ranking method, criteria to be considered, and a plan for soliciting project proposals. The call for projects for the main streets highways program must be suspended until funding for the program is identified.
     (((11))) (9) $267,000 of the motor vehicle account--state appropriation and $2,859,000 of the motor vehicle account--federal appropriation are provided solely for completion of the US 101 northeast peninsula safety rest area and associated roadway improvements east of Port Angeles at the Deer Park scenic view point (3LP187A). The department must surplus any right-of-way previously purchased for this project near Sequim. Approval to proceed with construction is contingent on surplus of previously purchased right-of-way.
     (((12))) (10) Up to (($3,650,000)) $3,702,000 of the motor vehicle account--federal appropriation and (($23,000)) $75,000 of the motor vehicle account--state appropriation are provided solely to reimburse the cities of Kirkland and Redmond for pavement and bridge deck rehabilitation on state route number 908 (1LP611A). These funds may not be expended unless the cities sign an agreement stating that the cities agree to take ownership of state route number 908 in its entirety and agree that the payment of these funds represents the entire state commitment to the cities for state route number 908 expenditures.
     (((13))) (11) $225,000 of the multimodal transportation account--state appropriation is provided solely for the Shell Valley emergency road and bicycle/pedestrian path (L1000036).
     (((14) $150,000)) (12) $188,000 of the motor vehicle account--state appropriation is provided solely for flood reduction solutions on state route number 522 caused by the lower McAleer and Lyon creek basins (L1000041).
     (((15))) (13) $896,000 of the multimodal transportation account--state appropriation is provided solely for realignment of Parker Road and construction of secondary access off of state route number 20 (L2200040).
     (((16))) (14) An additional (($2,500,000)) $2,623,000 of the motor vehicle account--federal appropriation is provided solely for the Strander Blvd/SW 27th St Connection project (1LP902F), which amount is reflected in the LEAP transportation document identified in subsection (((7))) (5) of this section. These funds may only be committed if needed, may not be used to supplant any other committed project partnership funding, and must be the last funds expended.
     (((17))) (15) $500,000 of the motor vehicle account--federal appropriation is provided solely for safety improvements at the intersection of South Wapato and McDonald Road (L1000052).
     (((18))) (16) $2,000,000 of the multimodal transportation account--state appropriation is provided solely for the state route number 432 rail realignment and highway improvements project (L1000056).
     (((19) $500,000 of the multimodal transportation account--state appropriation is provided solely for a multimodal corridor plan on state route number 520 between Interstate 405 and Avondale Road in Redmond (L1000054).
     (20)
)) (17) $100,000 of the motor vehicle account--federal appropriation is provided solely for state route number 164 and Auburn Way South pedestrian improvements (L1000057).
     (((21))) (18) $115,000 of the motor vehicle account--federal appropriation is provided solely for median street lighting on state route number 410 (L1000058).
     (((22))) (19) $60,000 of the multimodal transportation account--state appropriation is provided solely for a cross docking study for the port of Douglas county (L1000060).
     (((23))) (20) $100,000 of the motor vehicle account--federal appropriation is provided solely for city of Auburn - 8th and R Street NE intersection improvements (L2200043).
     (((24))) (21) $65,000 of the multimodal transportation account--state appropriation is provided solely for the Puget Sound regional council to further the implementation of multimodal concurrency practice through a transit service overlay zone implemented at the local level (L1000061). This approach will improve the linkage of land use and transportation investment decisions, improve the efficiency of transit service by encouraging transit-supportive development, provide incentives for developers, and support integrated regional growth, economic development, and transportation plans. In carrying out this work, the council shall involve representatives from cities and counties, developers, transit agencies, and other interested stakeholders, and shall consult with other regional transportation planning organizations across the state. The council shall report the results of their work and recommendations to the joint transportation committee by December 2011, with a final report to the transportation committees of the legislature by January 31, 2012.
     (22) $650,000 of the motor vehicle account--federal appropriation is provided solely for the SR 522 Improvements/61st Avenue NE and NE 181st Street project (L1000055).
     (23) The department shall implement an invitational call for projects eligible for the bicycle and pedestrian grant program similar to the call for projects conducted in 2010, although the department may adjust the criteria to include mobility and connectivity. The department shall include a list of prioritized bicycle and pedestrian grant projects for approval in the 2013-2015 biennial transportation budget.
     (24)(a) $3,500,000 of the highway safety account--state appropriation is provided solely for the following purposes:
     (i) $1,000,000 of the amount provided in this subsection is provided solely for the freight mobility strategic investment board for grants to meet urgent freight corridor improvement and preservation needs (L1100042).
     (ii) $2,500,000 of the amount provided in this subsection is provided solely for safe routes to schools program projects, in rank order, and identified as contingency projects in the LEAP Transportation Document 2011-A, pedestrian and bicycle safety program projects and safe routes to school program projects, referenced in chapter 367, Laws of 2011 (the omnibus transportation appropriations act).
     (b) If chapter ... (Engrossed Substitute Senate Bill No. 6150), Laws of 2012 is not enacted by June 30, 2012, the amount provided in this subsection lapses.

NEW SECTION.  Sec. 311   A new section is added to 2011 c 367 (uncodified) to read as follows:
REPORTING REQUIREMENTS FOR CAPITAL PROGRAM
     (1) On a monthly basis, the department of transportation shall provide to the office of financial management and the legislative transportation committees:
     (a) A TEIS version containing actual capital expenditures consistent with the structure of the most recently enacted budget; and
     (b) An update on awarded highway construction projects and associated savings or increases.
     (2) On a quarterly basis, the department of transportation shall provide to the office of financial management and the legislative transportation committees a status report on each active project funded in part or in whole by the transportation 2003 account (nickel account) or the transportation partnership act revenue packages. The department of transportation shall also provide updated information for projects funded with preexisting funds and agreed to by the legislature, office of financial management, and the department. Funding provided at a programmatic level for projects relating to bridge rail, guard rail, fish passage barrier removal, roadside safety projects, and seismic bridges must be reported on a programmatic basis; detail that shows which projects comprise each project reported on a programmatic basis must be provided separately. Projects within this programmatic level funding must be completed on a priority basis and scoped to be completed within the current programmatic budget. The quarterly report must:
     (a) Compare the original project cost estimates approved in the transportation 2003 and 2005 transportation partnership project lists to the completed cost of the project, or the most recent legislatively approved budget and total project costs for projects not yet completed;
     (b) Identify highway projects that may be reduced in scope and still achieve a functional benefit;
     (c) Identify highway projects that have experienced scope increases and that can be reduced in scope;
     (d) Identify highway projects that have lost significant local or regional contributions that were essential to completing the project;
     (e) Identify contingency amounts allocated to projects; and
     (f) Identify updated information on the six major project milestones.
     (3) On an annual basis, the department of transportation shall provide to the office of financial management and the legislative transportation committees reports that:
     (a) Identify, for all capital projects, the amount of cost savings or increases in funding that have been identified as compared to the most recently enacted transportation budget;
     (b) Identify the financial status and schedule for mega-projects, which are defined as individual or groups of related projects that cost one billion dollars or more. These projects include, but are not limited to: Alaskan Way viaduct, SR 520, SR 167, I-405, North Spokane corridor, I-5 Tacoma HOV, I-90 Snoqualmie Pass, and the Columbia river crossing; and
     (c) List all projects and associated amounts that are being charged to project OBI4ENV during the current fiscal biennium.

TRANSFERS AND DISTRIBUTIONS

Sec. 401   2011 c 367 s 401 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER -- BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALES DISCOUNTS AND DEBT TO BE PAID BY MOTOR VEHICLE ACCOUNT AND TRANSPORTATION FUND REVENUE
Highway Bond Retirement Account--State
     Appropriation . . . . . . . . . . . . (($920,560,000))
       $797,062,000
Ferry Bond Retirement Account--State Appropriation . . . . . . . . . . . . $31,801,000
State Route Number 520 Corridor Account--State
     Appropriation . . . . . . . . . . . . $1,075,000
Transportation Improvement Board Bond Retirement
     Account--State Appropriation . . . . . . . . . . . . (($16,544,000))
       $16,504,000
Nondebt-Limit Reimbursable Account Appropriation . . . . . . . . . . . . (($25,200,000))
       $19,843,000
Transportation Partnership Account--State
     Appropriation . . . . . . . . . . . . (($3,142,000))
       $2,807,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . (($333,000))
       $331,000
Transportation 2003 Account (Nickel Account)--State
     Appropriation . . . . . . . . . . . . (($1,140,000))
       $1,240,000
Transportation Improvement Account--State
     Appropriation . . . . . . . . . . . . $29,000
Multimodal Transportation Account--State
     Appropriation . . . . . . . . . . . . (($138,000))
       $125,000
Toll Facility Bond Retirement Account--State
     Appropriation . . . . . . . . . . . . (($33,792,000))
       $48,807,000
Toll Facility Bond Retirement Account--Federal
     Appropriation . . . . . . . . . . . . (($14,649,000))
       $7,500,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($1,048,403,000))
       $927,124,000

     ((The appropriations in this section are subject to the following conditions and limitations:
     (1) $4,610,000 of the highway bond retirement account--state appropriation is provided solely for debt service on bonds issued to construct a ferry boat vessel with a carrying capacity of one hundred forty-four cars. If neither chapter ... (House Bill No. 2083), Laws of 2011 nor chapter ... (Engrossed Substitute Senate Bill No. 5742) is enacted by June 30, 2011, the amount provided in this subsection lapses.
     (2) $165,000 of the transportation 2003 account (nickel account)--state appropriation is provided solely for discounts on bonds sold to construct a ferry boat vessel with a carrying capacity of one hundred forty-four cars. If neither chapter ... (House Bill No. 2083), Laws of 2011 nor chapter ... (Engrossed Substitute Senate Bill No. 5742) is enacted by June 30, 2011, the amount provided in this subsection lapses.
))

Sec. 402   2011 c 367 s 402 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER -- BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALE EXPENSES AND FISCAL AGENT CHARGES
State Route Number 520 Corridor Account--State
     Appropriation . . . . . . . . . . . . $68,000
Transportation Partnership Account--State
     Appropriation . . . . . . . . . . . . (($608,000))
       $472,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . (($60,000))
       $52,000
Transportation 2003 Account (Nickel Account)--State
     Appropriation . . . . . . . . . . . . (($219,000))
       $192,000
Transportation Improvement Account--State Appropriation . . . . . . . . . . . . $5,000
Multimodal Transportation Account--State
     Appropriation . . . . . . . . . . . . (($26,000))
       $19,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($986,000))
       $808,000

     ((The appropriations in this section are subject to the following conditions and limitations: $30,000 of the transportation 2003 account (nickel account)--state appropriation is provided solely for expenses associated with bonds sold to construct a ferry boat vessel with a carrying capacity of one hundred forty-four cars. If neither chapter ... (House Bill No. 2083), Laws of 2011 nor chapter ... (Engrossed Substitute Senate Bill No. 5742) is enacted by June 30, 2011, the amount provided in this subsection lapses.))

Sec. 403   2011 c 367 s 403 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER -- BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR MVFT BONDS AND TRANSFERS
Motor Vehicle Account -- State Appropriation: For
     transfer to the Puget Sound Capital Construction
     Account . . . . . . . . . . . . $52,516,000

     The department of transportation is authorized to sell up to $52,516,000 in bonds authorized by RCW 47.10.843 for vessel and terminal acquisition, major and minor improvements, and long lead-time materials acquisition for the Washington state ferries. ((Of the authorized amounts, $14,500,000 is provided solely for expenditures made during the fiscal biennium ending June 30, 2011.))

Sec. 404   2011 c 367 s 404 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER -- STATE REVENUES FOR DISTRIBUTION
Motor Vehicle Account--State Appropriation for motor
     vehicle fuel tax distributions to cities and
     counties . . . . . . . . . . . . (($478,155,000))
       $470,701,000

Sec. 405   2011 c 367 s 405 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER -- TRANSFERS
Motor Vehicle Account -- State Appropriation: For
     motor vehicle fuel tax refunds and statutory
     transfers . . . . . . . . . . . . (($1,246,357,000))
       $1,242,659,000

Sec. 406   2011 c 367 s 406 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF LICENSING -- TRANSFERS
Motor Vehicle Account -- State Appropriation: For
     motor vehicle fuel tax refunds and transfers . . . . . . . . . . . . (($127,984,000))
       $151,890,000

Sec. 407   2011 c 367 s 407 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER -- ADMINISTRATIVE TRANSFERS
     (1) Tacoma Narrows Toll Bridge Account--State
Appropriation: For transfer to the Motor Vehicle
Account--State . . . . . . . . . . . . $543,000
     (2) Motor Vehicle Account--State Appropriation:
For transfer to the Puget Sound Ferry Operations
Account--State . . . . . . . . . . . . (($46,500,000))
       $54,500,000
     (3) Recreational Vehicle Account--State
Appropriation: For transfer to the Motor Vehicle
Account--State . . . . . . . . . . . . (($1,450,000))
       $1,150,000
     (4) License Plate Technology Account--State
Appropriation: For transfer to the Highway Safety
Account--State . . . . . . . . . . . . (($3,200,000))
       $1,200,000
     (5) Multimodal Transportation Account--State
Appropriation: For transfer to the Puget Sound
Ferry Operations Account--State . . . . . . . . . . . . (($43,000,000))
       $38,000,000
     (6) Highway Safety Account--State Appropriation:
For transfer to the Motor Vehicle Account--State . . . . . . . . . . . . (($23,000,000))
       $31,000,000
     (7) ((Department of Licensing Services Account
-State Appropriation: For transfer to the Motor Vehicle
Account--State . . . . . . . . . . . . $400,000
     (8)
)) Advanced Right-of-Way Revolving Fund: For
transfer to the Motor Vehicle Account--State . . . . . . . . . . . . $5,000,000
     (((9) State Route Number 520 Civil Penalties
Account--State Appropriation: For transfer to the
State Route Number 520 Corridor Account--State . . . . . . . . . . . . $754,000
     (10)
)) (8) Rural Mobility Grant Program Account--State
Appropriation: For transfer to the Multimodal
Transportation Account--State . . . . . . . . . . . . $3,000,000
     (((11))) (9) Motor Vehicle Account--State
Appropriation: For transfer to the State Patrol
Highway Account--State . . . . . . . . . . . . $14,000,000
     (((12) State Route Number 520 Corridor
Account--State Appropriation: For transfer to the
Motor Vehicle Account--State, in an amount equal to
funds dispersed during the 2009-2011 fiscal biennium
authorized under section 805(7) of this act.
     (13)
)) (10) Motor Vehicle Account--State
Appropriation: For transfer to the Special Category C
Account--State . . . . . . . . . . . . (($1,500,000))
       $2,500,000
     (((14))) (11) Regional Mobility Grant Program
Account--State Appropriation: For transfer to the
Multimodal Transportation Account--State . . . . . . . . . . . . $1,000,000
     (((15))) (12) State Patrol Highway Account--State
Appropriation: For transfer to the Vehicle
Licensing Fraud Account . . . . . . . . . . . . $100,000
     (((16))) (13) State Route Number 520 Corridor Account--State
Appropriation: For transfer to the Motor Vehicle
Account . . . . . . . . . . . . (($2,435,000))
       $58,000
     (14) Capital Vessel Replacement Account--State
Appropriation: For transfer to the Transportation 2003
Account (Nickel Account)--State . . . . . . . . . . . . $6,362,000

     (((17))) (15) The transfers identified in this section are subject to the following conditions and limitations:
     (a) The amount transferred in subsection (1) of this section shall not exceed the amount put forth in RCW 46.63.160 and represents a partial repayment of the operating loan((s)) and reserve payment((s)) provided to the Tacoma Narrows toll bridge account ((from the motor vehicle account in the 2005-2007 fiscal biennium)) in the 2005-2007 fiscal biennium. The remaining operating loan and reserve payment shall be paid in future biennia.
     (b) ((The transfer in subsection (9) of this section represents toll revenue collected from toll violations)) The amount transferred in subsection (3) of this section shall not exceed the expenditures incurred from the motor vehicle account--state for the recreational vehicle sanitary disposal systems program.
     (c) The amount transferred in subsection (14) of this section may not exceed the funds available in the capital vessel replacement account--state.

COMPENSATION

Sec. 501   2011 c 367 s 502 (uncodified) is amended to read as follows:
COLLECTIVE BARGAINING AGREEMENTS--WSP TROOPERS ASSOCIATION
     (1) No agreement has been reached between the governor and the Washington state patrol trooper's association under chapter 41.56 RCW for ((the 2011-2013 fiscal biennium)) fiscal year 2012. Appropriations for the Washington state patrol in this act are sufficient to fund the provisions of the 2009-2011 agreement.
     (2) An agreement has been reached between the governor and the Washington state patrol troopers association under chapter 41.56 RCW for fiscal year 2013. Appropriations for the Washington state patrol in this act provide funding to implement the fiscal year 2013 agreement. The fiscal year 2013 agreement contains no change in compensation from the 2009-2011 agreement; therefore, no additional funding is appropriated.

Sec. 502   2011 c 367 s 503 (uncodified) is amended to read as follows:
COLLECTIVE BARGAINING AGREEMENTS--WSP LIEUTENANTS ASSOCIATION
     (1) No agreement has been reached between the governor and the Washington state patrol lieutenant's association under chapter 41.56 RCW for ((the 2011-2013 fiscal biennium)) fiscal year 2012. Appropriations for the Washington state patrol in this act are sufficient to fund the provisions of the 2009-2011 agreement.
     (2) An agreement has been reached between the governor and the Washington state patrol lieutenants association under chapter 41.56 RCW for fiscal year 2013. Appropriations for the Washington state patrol in this act provide funding to implement the fiscal year 2013 agreement. The fiscal year 2013 agreement contains no change in compensation from the 2009-2011 agreement; therefore, no additional funding is appropriated.

Sec. 503   2011 c 367 s 505 (uncodified) is amended to read as follows:
DEPARTMENT OF TRANSPORTATION MARINE DIVISION COLLECTIVE BARGAINING AGREEMENTS--TERMS AND CONDITIONS
     No agreement has been reached between the governor and the masters, mates, and pilots marine operations watch supervisors under chapter 47.64 RCW for the 2011-2013 fiscal biennium. Appropriations in this act reflect funding to maintain the provisions or terms and conditions of the 2009-2011 agreements for fiscal year 2012. Fiscal year 2013 appropriations are reduced to reflect: A 6.0 percent temporary salary reduction effective July 1, 2012, through June 29, 2013; a reduction to overtime calculations; a reduction to vacation leave accruals; and other management priorities in collective bargaining. Effective June 30, 2013, the salary schedules effective July 1, 2009, through June 30, 2011, will be reinstated.

NEW SECTION.  Sec. 504   TRANSPORTATION EMPLOYEES--COMPENSATION
     The following acts or parts of acts are each repealed:
     (1) 2011 1st sp.s. c 50 s 718 (uncodified) (FOR THE OFFICE OF FINANCIAL MANAGEMENT--TRANSPORTATION EMPLOYEES--RETIREMENT SYSTEM CONTRIBUTIONS);
     (2) 2011 1st sp.s. c 50 s 719 (uncodified) (FOR THE OFFICE OF FINANCIAL MANAGEMENT--TRANSPORTATION EMPLOYEES--RETIREMENT SYSTEM CONTRIBUTIONS);
     (3) 2011 1st sp.s. c 50 s 720 (uncodified) (FOR THE OFFICE OF FINANCIAL MANAGEMENT--TRANSPORTATION EMPLOYEE SALARY REDUCTIONS); and
     (4) 2011 1st sp.s. c 50 s 721 (uncodified) (FOR THE OFFICE OF FINANCIAL MANAGEMENT--TRANSPORTATION EMPLOYEES RETIREMENT SYSTEM CONTRIBUTIONS).

IMPLEMENTING PROVISIONS

Sec. 601   2011 c 367 s 601 (uncodified) is amended to read as follows:
ACQUISITION OF PROPERTIES AND FACILITIES THROUGH FINANCIAL CONTRACTS
     (1) The following agencies may enter into financial contracts, paid from any funds of an agency, appropriated or nonappropriated, for the purposes indicated and in not more than the principal amounts indicated, plus financing expenses and required reserves pursuant to chapter 39.94 RCW. When securing properties under this section, agencies shall use the most economical financial contract option available, including long-term leases, lease-purchase agreements, lease-development with option to purchase agreements, or financial contracts using certificates of participation. Expenditures made by an agency for one of the indicated purposes before the issue date of the authorized financial contract and any certificates of participation therein are intended to be reimbursed from proceeds of the financial contract and any certificates of participation therein to the extent provided in the agency's financing plan approved by the state finance committee.
     (2) State agencies may enter into agreements with the department of general administration and the state treasurer's office to develop requests to the legislature for the acquisition of properties and facilities through financial contracts. The agreements may include charges for services rendered.
     (a) Department of transportation: Enter into a financing contract for up to $10,824,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for the acquisition and implementation of a time, leave, and labor distribution system that is integrated with the state's accounting and human resource management systems.
     (b) Department of licensing: Enter into a financing contract for up to $7,414,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for the purchase of a prorate and fuel tax system.
     (c) Washington state patrol: (i) Enter into a financing contract for up to $8,241,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to purchase and install mobile office platforms in state patrol and pursuit vehicles.
     (ii) Enter into a financing contract for up to $40,100,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to purchase equipment and engineering services to convert to a narrowband digital system, which is contingent upon the completion of an independent financial, technical, and compliance review that must include the review of the utilization of the United States department of justice's integrated wireless network, which includes a risk mitigation strategy and plans, age and platform of the communication equipment's technology, and contractual services and obligations, to be completed and approved by the office of financial management by July 31, 2012, before any financial contracts using certificates of participation can be executed. The office of financial management must request from the federal communications commission an extension of ninety days for meeting the January 1, 2013, narrowbanding mandate to allow the time required to perform the review.

Sec. 602   2011 c 367 s 603 (uncodified) is amended to read as follows:
FUND TRANSFERS
     (1) The transportation 2003 projects or improvements and the 2005 transportation partnership projects or improvements are listed in LEAP Transportation Document ((2011)) 2012-1 as developed ((April 19, 2011)) February 16, 2012, which consists of a list of specific projects by fund source and amount over a sixteen-year period. Current fiscal biennium funding for each project is a line-item appropriation, while the outer year funding allocations represent a sixteen-year plan. The department is expected to use the flexibility provided in this section to assist in the delivery and completion of all transportation partnership account and transportation 2003 account (nickel account) projects on the LEAP transportation documents referenced in this act. For the 2009-2011 and 2011-2013 project appropriations, unless otherwise provided in this act, the director of financial management may authorize a transfer of appropriation authority between projects funded with transportation 2003 account (nickel account) appropriations, or transportation partnership account appropriations, in order to manage project spending and efficiently deliver all projects in the respective program under the following conditions and limitations:
     (a) Transfers may only be made within each specific fund source referenced on the respective project list;
     (b) Transfers from a project may not be made as a result of the reduction of the scope of a project or be made to support increases in the scope of a project;
     (c) Each transfer between projects may only occur if the director of financial management finds that any resulting change will not hinder the completion of the projects as approved by the legislature. Until the legislature reconvenes to consider the 2012 supplemental transportation budget, any unexpended 2009-2011 appropriation balance as approved by the office of financial management, in consultation with the legislative staff of the house of representatives and senate transportation committees, may be considered when transferring funds between projects;
     (d) Transfers from a project may be made if the funds appropriated to the project are in excess of the amount needed to complete the project;
     (e) Transfers may not occur for projects not identified on the applicable project list;
     (f) Transfers may not be made while the legislature is in session; and
     (g) Transfers between projects may be made by the department of transportation until the transfer amount by project exceeds two hundred fifty thousand dollars, or ten percent of the total project, whichever is less. These transfers must be reported quarterly to the director of financial management and the chairs of the house of representatives and senate transportation committees.
     (2) At the time the department submits a request to transfer funds under this section, a copy of the request must be submitted to the transportation committees of the legislature.
     (3) The office of financial management shall work with legislative staff of the house of representatives and senate transportation committees to review the requested transfers in a timely manner.
     (4) The office of financial management shall document approved transfers and schedule changes in the transportation executive information system, compare changes to the legislative baseline funding and schedules identified by project identification number identified in the LEAP transportation documents referenced in this act, and transmit revised project lists to chairs of the transportation committees of the legislature on a quarterly basis.

NEW SECTION.  Sec. 603   A new section is added to 2011 c 367 (uncodified) to read as follows:
     The department of transportation is given the authority to provide up to $163,000 in toll credits to the Port of Kingston for its role in the new passenger-only ferry service and ferry corridor-related projects. The number of toll credits provided to the Port of Kingston must be equal to, but no more than, the number sufficient to meet federal match requirements for grant funding for passenger-only ferry service, but shall not exceed the amount authorized in this section.

MISCELLANEOUS 2011-2013 FISCAL BIENNIUM

Sec. 701   RCW 43.19.642 and 2010 c 247 s 701 are each amended to read as follows:
     (1) Effective June 1, 2006, for agencies complying with the ultra-low sulfur diesel mandate of the United States environmental protection agency for on-highway diesel fuel, agencies shall use biodiesel as an additive to ultra-low sulfur diesel for lubricity, provided that the use of a lubricity additive is warranted and that the use of biodiesel is comparable in performance and cost with other available lubricity additives. The amount of biodiesel added to the ultra-low sulfur diesel fuel shall be not less than two percent.
     (2) Except as provided in subsection (5) of this section, effective June 1, 2009, state agencies are required to use a minimum of twenty percent biodiesel as compared to total volume of all diesel purchases made by the agencies for the operation of the agencies' diesel-powered vessels, vehicles, and construction equipment.
     (3) All state agencies using biodiesel fuel shall, beginning on July 1, 2006, file biannual reports with the department of ((general administration)) enterprise services documenting the use of the fuel and a description of how any problems encountered were resolved.
     (4) ((For the 2009-2011 fiscal biennium, all fuel purchased by the Washington state ferries at Harbor Island for the operation of the Washington state ferries diesel-powered vessels must be a minimum of five percent biodiesel blend so long as the per gallon price of diesel containing a five percent biodiesel blend level does not exceed the per gallon price of diesel by more than five percent. If the per gallon price of diesel containing a five percent biodiesel blend level exceeds the per gallon price of diesel by more than five percent, the requirements of this section do not apply to vessel fuel purchases by the Washington state ferries.
     (5)
)) By December 1, 2009, the department of ((general administration)) enterprise services shall:
     (a) Report to the legislature on the average true price differential for biodiesel by blend and location; and
     (b) Examine alternative fuel procurement methods that work to address potential market barriers for in-state biodiesel producers and report these findings to the legislature.
     (5) During the 2011-2013 fiscal biennium, the Washington state ferries is required to use a minimum of five percent biodiesel as compared to total volume of all diesel purchased made by the Washington state ferries for the operation of the Washington state ferries diesel-powered vessels, as long as the price of a B5 biodiesel blend does not exceed the price of conventional diesel fuel by five percent or more.

Sec. 702   RCW 46.44.0915 and 2011 c 115 s 1 are each amended to read as follows:
     (1)(a) Except as provided in (b) of this subsection, the department of transportation, with respect to state highways maintained within port district property, may, at the request of a port commission, make and enter into agreements with port districts and adjacent jurisdictions or agencies of the districts, for the purpose of identifying, managing, and maintaining short heavy haul industrial corridors within port district property for the movement of overweight sealed containers used in international trade.
     (b) The department of transportation shall designate that portion of state route number 97 from the Canadian border to milepost 331.12 as a heavy haul industrial corridor for the movement of overweight vehicles to and from the Oroville railhead. The department may issue special permits to vehicles operating in the heavy haul industrial corridor to carry weight in excess of weight limits established in RCW 46.44.041, but not to exceed a gross vehicle weight of 139,994 pounds.
     (2) Except as provided in subsection (1)(b) of this section, the department may issue special permits to vehicles operating in a heavy haul industrial corridor to carry weight in excess of weight limits established in RCW 46.44.041. However, the excess weight on a single axle, tandem axle, or any axle group must not exceed that allowed by RCW 46.44.091 (1) and (2), weight per tire must not exceed six hundred pounds per inch width of tire, and gross vehicle weight must not exceed one hundred five thousand five hundred pounds.
     (3) The entity operating or hiring vehicles under subsection (1)(b) of this section or moving overweight sealed containers used in international trade must pay a fee for each special permit of one hundred dollars per month or one thousand dollars annually, beginning from the date of issue, for all movements under the special permit made on state highways within a heavy haul industrial corridor. Within a port district property, under no circumstances are the for hire carriers or rail customers responsible for the purchase or cost of the permits. All funds collected, except the amount retained by authorized agents of the department under RCW 46.44.096, must be forwarded to the state treasurer and deposited in the motor vehicle fund.
     (4) For purposes of this section, an overweight sealed container used in international trade, including its contents, is considered nondivisible when transported within a heavy haul industrial corridor defined by the department.
     (5) Any agreement entered into by the department as authorized under this section with a port district adjacent to Puget Sound and located within a county that has a population of more than seven hundred thousand, but less than one million, must limit the applicability of any established heavy haul corridor to that portion of state route no. 509 beginning at milepost 0.25 in the vicinity of East 'D' Street and ending at milepost 3.88 in the vicinity of Taylor Way. For the 2011-2013 fiscal biennium, the limit for any established heavy haul corridor established pursuant to this subsection (5) must be within that portion of state route number 509 beginning at milepost 0.25 in the vicinity of East 'D' Street and ending at milepost 5.7 in the vicinity of Norpoint Way Northeast.
     (6) The department of transportation may adopt reasonable rules to implement this section.

MISCELLANEOUS

NEW SECTION.  Sec. 801   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 802   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.


     INDEX       PAGE #


ACQUISITION OF PROPERTIES AND FACILITIES THROUGH FINANCIAL CONTRACTS . . . . . . . . . . . . 84
COLLECTIVE BARGAINING AGREEMENTS
     WSP LIEUTENANTS ASSOCIATION . . . . . . . . . . . . 83
     WSP TROOPERS ASSOCIATION . . . . . . . . . . . . 82
COUNTY ROAD ADMINISTRATION BOARD . . . . . . . . . . . . 7, 47
DEPARTMENT OF AGRICULTURE . . . . . . . . . . . . 5
DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION . . . . . . . . . . . . 1
DEPARTMENT OF ENTERPRISE SERVICES . . . . . . . . . . . . 4
DEPARTMENT OF LICENSING . . . . . . . . . . . . 16
     TRANSFERS . . . . . . . . . . . . 80
DEPARTMENT OF TRANSPORTATION MARINE DIVISION COLLECTIVE BARGAINING AGREEMENTS
     TERMS AND CONDITIONS . . . . . . . . . . . . 83
DEPARTMENT OF TRANSPORTATION
     AVIATION -- PROGRAM F . . . . . . . . . . . . 23
     CHARGES FROM OTHER AGENCIES -- PROGRAM U . . . . . . . . . . . . 34
     ECONOMIC PARTNERSHIPS -- PROGRAM K . . . . . . . . . . . . 26
     FACILITIES -- PROGRAM D -- OPERATING . . . . . . . . . . . . 23
     HIGHWAY MAINTENANCE -- PROGRAM M . . . . . . . . . . . . 27
     IMPROVEMENTS -- PROGRAM I . . . . . . . . . . . . 49
     INFORMATION TECHNOLOGY -- PROGRAM C . . . . . . . . . . . . 22
     LOCAL PROGRAMS -- PROGRAM Z -- CAPITAL . . . . . . . . . . . . 70
     LOCAL PROGRAMS -- PROGRAM Z -- OPERATING . . . . . . . . . . . . 45
     MARINE -- PROGRAM X . . . . . . . . . . . . 41
     PRESERVATION -- PROGRAM P . . . . . . . . . . . . 59
     PROGRAM D -- (DEPARTMENT OF TRANSPORTATION-ONLY PROJECTS) -- CAPITAL . . . . . . . . . . . . 48
     PROGRAM DELIVERY MANAGEMENT AND SUPPORT -- PROGRAM H . . . . . . . . . . . . 24
     PUBLIC TRANSPORTATION -- PROGRAM V . . . . . . . . . . . . 36
     RAIL -- PROGRAM Y--OPERATING . . . . . . . . . . . . 44
     RAIL -- PROGRAM Y -- CAPITAL . . . . . . . . . . . . 66
     TOLL OPERATIONS AND MAINTENANCE -- PROGRAM B . . . . . . . . . . . . 20
     TRAFFIC OPERATIONS -- PROGRAM Q -- CAPITAL . . . . . . . . . . . . 62
     TRAFFIC OPERATIONS -- PROGRAM Q -- OPERATING . . . . . . . . . . . . 29
     TRANSPORTATION MANAGEMENT AND SUPPORT -- PROGRAM S . . . . . . . . . . . . 32
     TRANSPORTATION PLANNING, DATA, AND RESEARCH -- PROGRAM T . . . . . . . . . . . . 32
     WSF CONSTRUCTION--PROGRAM W . . . . . . . . . . . . 62
FREIGHT MOBILITY STRATEGIC INVESTMENT BOARD . . . . . . . . . . . . 12
FUND TRANSFERS . . . . . . . . . . . . 86
JOINT TRANSPORTATION COMMITTEE . . . . . . . . . . . . 8
LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE . . . . . . . . . . . . 5
OFFICE OF FINANCIAL MANAGEMENT . . . . . . . . . . . . 2
PUBLIC EMPLOYMENT RELATIONS COMMISSION . . . . . . . . . . . . 4
REPORTING REQUIREMENTS FOR CAPITAL PROGRAM . . . . . . . . . . . . 75
STATE TREASURER
     ADMINISTRATIVE TRANSFERS . . . . . . . . . . . . 80
     BOND RETIREMENT AND INTEREST . . . . . . . . . . . . 77, 78, 79
     STATE REVENUES FOR DISTRIBUTION . . . . . . . . . . . . 80
     TRANSFERS . . . . . . . . . . . . 80
TRANSPORTATION COMMISSION . . . . . . . . . . . . 10
TRANSPORTATION EMPLOYEES
     COMPENSATION . . . . . . . . . . . . 84
TRANSPORTATION IMPROVEMENT BOARD . . . . . . . . . . . . 7, 48
WASHINGTON STATE PATROL . . . . . . . . . . . . 13, 46
WASHINGTON TRAFFIC SAFETY COMMISSION . . . . . . . . . . . . 5

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