S-0001.2
SENATE BILL 5392
State of Washington
65th Legislature
2017 Regular Session
By Senators Rolfes, Sheldon, Ranker, and Bailey
Read first time 01/23/17. Referred to Committee on Transportation.
AN ACT Relating to ferry advisory committees; amending RCW 47.60.286, 47.60.290, 47.60.300, 47.60.310, and 47.60.330; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1.  RCW 47.60.286 and 2007 c 512 s 4 are each amended to read as follows:
(1) The commission shall, with the involvement of the department, conduct a survey to gather data on ferry users to help inform level of service, operational, pricing, planning, and investment decisions. The survey must include, but is not limited to:
(a) Recreational use;
(b) Walk-on customer use;
(c) Vehicle customer use;
(d) Freight and goods movement demand; and
(e) Reactions to potential operational strategies and pricing policies described under RCW 47.60.327 and 47.60.290.
(2) The commission shall develop the survey only after providing an opportunity for ferry advisory committees to offer input on survey topical areas and questions. The commission shall finalize the survey only after providing an opportunity for the ferry advisory committee executive council created in RCW 47.60.310(3) to offer input on proposed survey topics and questions. Ferry advisory committee review must occur early enough in the process to allow feedback and subsequent changes to be made to the survey, and this review process must be clearly documented.
(3) The survey must be updated at least every two years and maintained to support the development and implementation of ((adaptive management of)) ferry services.
Sec. 2.  RCW 47.60.290 and 2007 c 512 s 5 are each amended to read as follows:
(1) The department shall annually review fares and pricing policies applicable to the operation of the Washington state ferries.
(2) Beginning in 2008, the department shall develop fare and pricing policy proposals that must:
(a) Recognize that each travel shed is unique, and might not have the same farebox recovery rate and the same pricing policies;
(b) Use data from the current survey conducted under RCW 47.60.286;
(c) Be developed with input from ferry advisory committee participants as described in subsection (4) of this section, affected ferry users ((by)), and one or more public hearings ((and by review with the affected ferry advisory committees)), in addition to the data gathered from the survey conducted in RCW 47.60.286;
(d) Generate the amount of revenue required by the biennial transportation budget;
(e) Consider the impacts on users, capacity, and local communities; and
(f) Keep fare schedules as simple as possible.
(3) While developing fare and pricing policy proposals, the department must consider the following:
(a) Options for using pricing to level vehicle peak demand; and
(b) Options for using pricing to increase off-peak ridership.
(4) Ferry advisory committees shall designate committee members to participate in the department's review of fares, fare policies, and fare media. The department shall determine the process for the review. Participants must, at a minimum, include members of the ferry advisory committees as specified in this subsection. The department shall provide background information on tariff changes being considered as needed for the conduct of the review to all participants. The members representing the ferry advisory committees in the department's fare review processes must:
(a) Include one member from each ferry advisory committee selected by each ferry advisory committee choosing to participate;
(b) Collaborate with the ferry advisory committee executive council created in RCW 47.60.310(3) on systemwide matters and with individual ferry advisory committees on matters that affect individual routes;
(c) Elect a chair to serve a term of one year or tariff cycle. The chair may call a meeting of the members;
(d) Have at least six ferry advisory committee members present to constitute a quorum; and
(e) Advise the department when it may be appropriate to hold a public hearing on tariff proposals to comply with subsection (2)(c) of this section.
(5) When presenting fare, fare media, and pricing policies to the commission, the department must include any relevant recommendations from the members representing the ferry advisory committees as established under subsection (4) of this section. Any discrepancy between department and ferry advisory committee recommendations must be explained.
(6) When considering a fare or pricing policy proposal, a vote on the proposal is required by the participating ferry advisory committee members established under subsection (4) of this section. The results of the vote and participating ferry advisory committee member comments must be reported along with the department's fare recommendations to the commission.
Sec. 3.  RCW 47.60.300 and 1984 c 7 s 325 are each amended to read as follows:
(1) The review ((shall)) described in RCW 47.60.290(1) must include, but not be limited to, tariffs for automobiles, passengers, trucks, commutation rates, and volume discounts. The review ((shall)) must give proper consideration to time of travel, distance of travel, operating costs, maintenance and repair expenses, and the resultant effect any change in tariff might have on the debt service requirements of the department as specifically provided in existing financing programs. If the review addresses matters affecting rider tariffs, the review must include participation by representatives of the ferry advisory committees as established in RCW 47.60.290(4). The ferry advisory committee executive council created in RCW 47.60.310(3) must be consulted as part of the review if requested by the executive council.
(2) The review ((shall)) must also include the allocation of vessels to particular runs, the scheduling of particular runs, the adequacy and arrangements of docks and dock facilities, ferry-related problems experienced in areas served by Washington state ferries, quality of service, implementation of adaptive management policies affecting riders, and any other subject deemed by the department to be properly within the scope of the review. A review under this subsection (2) must include consultation with the ferry advisory committee executive council, including a review and input on the development of any relevant surveys.
(3) The department ((is further authorized and directed to)) must make ((a like)) written reviews within every three-year period. Ferry advisory committee comments and the subsequent Washington state ferries response must be included in these written reviews.
(4) The department must also conduct such review by soliciting and obtaining expressions from local community groups served by the Washington state ferries. To establish local representation, the department shall give prior notice of the review to the ferry advisory committees and include them in the review process. This review must, to the extent feasible, receive input from various gender, economic status, persons with disabilities, tribe, senior citizen, youth, and race demographic groups.
(5) The ferry advisory committees must have the opportunity to comment on the ferry service aspects of the following Washington state ferries planning components: The statewide multimodal transportation plan as described under RCW 47.06.040; the state-owned facilities component of the statewide multimodal transportation plan as described under RCW 47.06.050; level of service standards for transportation facilities and services of statewide significance as described under RCW 47.06.140; operational strategies for asset utilization as described under RCW 47.60.327; the capital plan as described under RCW 47.60.375; and the vessel rebuild and replacement plan as described under RCW 47.60.377. Any comments must be included in any associated plan reports, but do not preclude other public outreach.
Sec. 4.  RCW 47.60.310 and 2016 c 25 s 1 are each amended to read as follows:
(1) ((The department is further directed to conduct such review by soliciting and obtaining expressions from local community groups in order to be properly informed as to problems being experienced within the area served by the Washington state ferries. In order that local representation may be established, the department shall give prior notice of the review to the ferry advisory committees.
(2) The legislative authorities of San Juan, Skagit, Clallam, and Jefferson counties shall each appoint a committee to consist of five members to serve as an advisory committee to the department or its designated representative in such review. The legislative authorities of other counties that contain ferry terminals shall appoint ferry advisory committees consisting of three members for each terminal area in each county, except for Vashon Island, which shall have one committee, and its members shall be appointed by the Vashon/Maury Island community council. If the Vashon/Maury Island community council fails to appoint a qualified person to fill a vacancy within ninety days of the occurrence of the vacancy, the legislative authority of King county shall appoint a qualified person to fill the vacancy. At least one person appointed to each ferry advisory committee shall be representative of an established ferry user group or of frequent users of the ferry system. Each member shall reside in the vicinity of the terminal that the advisory committee represents.
(3) The members of the San Juan, Clallam, and Jefferson county ferry advisory committees shall be appointed for four-year terms. The initial terms shall commence on July 1, 1982, and end on June 30, 1986. Any vacancy shall be filled for the remainder of the unexpired term by the appointing authority. At least one person appointed to the advisory committee shall be representative of an established ferry-user group or of frequent users of the ferry system, at least one shall be representative of persons or firms using or depending upon the ferry system for commerce, and one member shall be representative of a local government planning body or its staff. Every member shall be a resident of the county upon whose advisory committee he or she sits, and not more than three members shall at the time of their appointment be members of the same major political party.
(4) The members of each terminal area committee shall be appointed for four-year terms. The initial terms of the members of each terminal area committee shall be staggered as follows: All terms shall commence September 1, 1988, with one member's term expiring August 31, 1990, one member's term expiring August 31, 1991, and the remaining member's term expiring August 31, 1992. Any vacancy shall be filled for the remainder of the unexpired term by the appointing authority. Not more than two members of any terminal-area committee may be from the same political party at the time of their appointment, and in a county having more than one committee, the overall party representation shall be as nearly equal as possible.
(5))) Any county legislative authority may establish and appoint a ferry advisory committee of five members or a number determined by the appointing authority for each Washington state ferry terminal within its boundaries, except that only one ferry advisory committee may be created for Vashon Island and one for the San Juan Islands. Each committee member must reside within the county in which the member is appointed. If the legislative authority of San Juan county appoints a ferry advisory committee, four persons appointed to that advisory committee must each represent one of the four ferry-served islands and reside on the island being represented. Committee members must be appointed for staggered, four-year terms or as otherwise appointed by the appointing authority. Each ferry advisory committee shall elect its chair unless decided otherwise by the appointing authority.
(2) Ferry advisory committees represent the interests of their local governing bodies, respective communities, riders, specific rider groups being served, and other ferry system stakeholders. Ferry advisory committees shall collaborate with the department in public outreach to riders, including riders with special needs. At least annually, the ferry advisory committees and the department shall jointly chair a public meeting on each ferry route. The department shall collaborate on meeting topics and send an appropriate representative.
(3) The chairs of the ((several)) ferry advisory committees constitute ((an executive committee of the Washington state ferry users)) a ferry advisory committee executive council, which must coordinate all ferry advisory committees in addressing systemwide ferry issues and local needs. The executive ((committee)) council shall meet ((twice)) at least quarterly each year with department representatives ((of the marine division of the department)) to review ferry system issues((.
(6) The committees to be appointed by the county legislative authorities shall serve without fee or compensation)) and participate in the ferry system review described in RCW 47.60.300. One meeting of the executive council must be with all ferry advisory committees and Washington state ferries senior leadership to provide a comprehensive review of system issues affecting riders and a plan of action to address such issues. Meetings of the executive council may be called by a vote of six ferry advisory committee chairs or by the department.
(4) Ferry advisory committee and ferry advisory committee executive council members must serve without fee or compensation, unless a local jurisdiction chooses to provide reimbursement.
(5) Ferry advisory committees provide, but do not replace, communications between the department and the ferry advisory committee's local governing body, respective communities, riders, and other stakeholders. The committees may liaise with department representatives, state and local agencies, elected officials, and other relevant groups to provide ferry system-related information.
(6) The department shall provide existing data or information relevant to Washington state ferries operations as requested by individual ferry advisory committees or the executive council either by specific requests or by a general request for periodic reports. This does not apply to records exempt from public disclosure under chapter 42.56 RCW.
(7) The ferry advisory committees shall submit any issues to be addressed by the department in writing, and the department shall provide a timely response. The committees shall maintain a record of any issue submitted, the department response to the issue, and the final resolution of the issue.
Sec. 5.  RCW 47.60.330 and 2007 c 512 s 8 are each amended to read as follows:
(1) Before a substantial change to the service levels provided to ferry users, the department shall consult with ((affected ferry users by public hearing and by review with)) the affected ferry advisory committees, or the ferry advisory committee executive council if multiple routes are impacted. The department shall, if recommended by the affected ferry advisory committees, also hold a public hearing before any nonemergency, substantial change to service levels.
(2) Before adding or eliminating a ferry route, the department shall consult with affected ferry users and receive legislative approval.
NEW SECTION.  Sec. 6.  This act takes effect January 1, 2018.
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