CERTIFICATION OF ENROLLMENT
ENGROSSED SUBSTITUTE HOUSE BILL 1160
Chapter 416, Laws of 2019
(partial veto)
66TH LEGISLATURE
2019 REGULAR SESSION
TRANSPORTATION BUDGET
EFFECTIVE DATE: May 21, 2019Except for section 709, which is contingent.
Passed by the House April 28, 2019
  Yeas 96  Nays 2
FRANK CHOPP

Speaker of the House of Representatives
Passed by the Senate April 28, 2019
  Yeas 49  Nays 0
CYRUS HABIB

President of the Senate
CERTIFICATE
I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 1160 as passed by the House of Representatives and the Senate on the dates hereon set forth.
BERNARD DEAN

Chief Clerk
Chief Clerk
Approved May 21, 2019 10:30 AM with the exception of sections 208(5); 208(7); 208(9); 208(12); 208(15); 208(16); 208(17); 208(24); 208(27); 208(28); 208(29); 220, page 42, line 23; page 42, line 38 beginning with "Fuel" through line 39 ending with "process."; page 43, line 3 beginning with "Fuel" through line 4 ending with "process."; page 43, line 15 beginning with "Fuel" through line 16 ending with "process."; page 44, line 10 beginning with "Fuel" through line 11 ending with "process."; page 44, line 31 beginning with "Fuel" through line 32 ending with "process"; page 46, line 5; 304(2); 306(17); 905, page 169, lines 36-38; page 170, lines 18-20; 905(14); 908, page 184, lines 10-12; and 908(1); which are vetoed.
JAY INSLEE

Governor of the State of Washington
FILED
May 21, 2019
Secretary of State
State of Washington

ENGROSSED SUBSTITUTE HOUSE BILL 1160

AS AMENDED BY THE SENATE
Passed Legislature - 2019 Regular Session
State of Washington
66th Legislature
2019 Regular Session
ByHouse Transportation (originally sponsored by Representatives Fey, Wylie, Slatter, and Valdez; by request of Office of Financial Management)
READ FIRST TIME 03/28/19.
AN ACT Relating to transportation funding and appropriations; amending RCW 43.19.642, 46.20.745, 46.68.060, 46.68.280, 46.68.290, 46.68.325, 47.56.403, 47.56.876, 41.45.0631, 46.68.063, 46.68.370, 46.68.300, 47.12.340, and 47.60.322; amending 2018 c 297 ss 201, 202, 204, 207-223, 301, 303-311, 401, 403-406, and 701 (uncodified); adding a new section to 2018 c 297 (uncodified); creating new sections; repealing 2018 c 297 s 701; making appropriations and authorizing expenditures for capital improvements; providing an effective date; providing a contingent effective date; providing an expiration date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
2019-2021 FISCAL BIENNIUM
NEW SECTION.  Sec. 1. (1) The transportation budget of the state is hereby adopted and, subject to the provisions set forth, the several amounts specified, or as much thereof as may be necessary to accomplish the purposes designated, are hereby appropriated from the several accounts and funds named to the designated state agencies and offices for employee compensation and other expenses, for capital projects, and for other specified purposes, including the payment of any final judgments arising out of such activities, for the period ending June 30, 2021.
(2) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this act.
(a) "Fiscal year 2020" or "FY 2020" means the fiscal year ending June 30, 2020.
(b) "Fiscal year 2021" or "FY 2021" means the fiscal year ending June 30, 2021.
(c) "FTE" means full-time equivalent.
(d) "Lapse" or "revert" means the amount shall return to an unappropriated status.
(e) "Provided solely" means the specified amount may be spent only for the specified purpose. Unless otherwise specifically authorized in this act, any portion of an amount provided solely for a specified purpose that is not expended subject to the specified conditions and limitations to fulfill the specified purpose shall lapse.
(f) "Reappropriation" means appropriation and, unless the context clearly provides otherwise, is subject to the relevant conditions and limitations applicable to appropriations.
(g) "LEAP" means the legislative evaluation and accountability program committee.
GENERAL GOVERNMENT AGENCIESOPERATING
NEW SECTION.  Sec. 101. FOR THE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION
Motor Vehicle AccountState Appropriation
. . . .
$545,000
NEW SECTION.  Sec. 102. FOR THE UTILITIES AND TRANSPORTATION COMMISSION
Grade Crossing Protective AccountState Appropriation
. . . .
$504,000
Pilotage AccountState Appropriation
. . . .
$150,000
TOTAL APPROPRIATION
. . . .
$654,000
NEW SECTION.  Sec. 103. FOR THE OFFICE OF FINANCIAL MANAGEMENT
Motor Vehicle AccountState Appropriation
. . . .
$1,403,000
Multimodal Transportation AccountState Appropriation
. . . .
$300,000
Puget Sound Ferry Operations AccountState Appropriation
. . . .
$116,000
TOTAL APPROPRIATION
. . . .
$1,819,000
The appropriations in this section are subject to the following conditions and limitations: $300,000 of the multimodal transportation accountstate appropriation is provided solely for the office of financial management, in direct coordination with the office of state treasurer, to evaluate, coordinate, and assist in efforts by state agencies in developing cost recovery mechanisms for credit card and other financial transaction fees currently paid from state funds. This may include disbursing interagency reimbursements for the implementation costs incurred by the affected agencies. As part of the first phase of this effort, the office of financial management, with the assistance of relevant agencies, must develop implementation plans and take all necessary steps to ensure that the actual cost-recovery mechanisms will be in place by January 1, 2020, for the vehicles and drivers programs of the department of licensing. By November 1, 2019, the office of financial management must provide a report to the joint transportation committee on the phase 1 implementation plan and options to expand similar cost recovery mechanisms to other state agencies and programs, including the ferries division.
NEW SECTION.  Sec. 104. FOR THE STATE PARKS AND RECREATION COMMISSION
Motor Vehicle AccountState Appropriation
. . . .
$1,186,000
The appropriation in this section is subject to the following conditions and limitations: The entire appropriation in this section is provided solely for road maintenance purposes.
NEW SECTION.  Sec. 105. FOR THE DEPARTMENT OF AGRICULTURE
Motor Vehicle AccountState Appropriation
. . . .
$1,357,000
NEW SECTION.  Sec. 106. FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE
Motor Vehicle AccountState Appropriation
. . . .
$652,000
NEW SECTION.  Sec. 107. FOR THE JOINT LEGISLATIVE AUDIT AND REVIEW COMMITTEE
State Patrol Highway AccountState Appropriation
. . . .
$90,000
The appropriation in this section is subject to the following conditions and limitations: $90,000 of the state patrol highway accountstate appropriation is provided solely for an update to the 1999 study of the Washington state patrol's vehicle replacement life cycle cost model.
NEW SECTION.  Sec. 108. FOR THE BOARD OF PILOTAGE COMMISSIONERS
Pilotage AccountState Appropriation
. . . .
$5,228,000
The appropriation in this section is subject to the following conditions and limitations:
(1) $3,125,000 of the pilotage accountstate appropriation is provided solely for self-insurance liability premium expenditures; however, this appropriation is contingent upon the board:
(a) Annually depositing the first one hundred fifty thousand dollars collected through Puget Sound pilotage district pilotage tariffs into the pilotage account; and
(b) Assessing a self-insurance premium surcharge of sixteen dollars per pilotage assignment on vessels requiring pilotage in the Puget Sound pilotage district.
(2) The board of pilotage commissioners shall file the annual report to the governor and chairs of the transportation committees required under RCW 88.16.035(1)(f) by September 1, 2019, and annually thereafter. The report must include the continuation of policies and procedures necessary to increase the diversity of pilots, trainees, and applicants, including a diversity action plan. The diversity action plan must articulate a comprehensive vision of the board's diversity goals and the steps it will take to reach those goals.
NEW SECTION.  Sec. 109. FOR THE HOUSE OF REPRESENTATIVES
Motor Vehicle AccountState Appropriation
. . . .
$2,861,000
NEW SECTION.  Sec. 110. FOR THE SENATE
Motor Vehicle AccountState Appropriation
. . . .
$2,998,000
NEW SECTION.  Sec. 111. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Motor Vehicle AccountState Appropriation
. . . .
$350,000
The appropriation in this section is subject to the following conditions and limitations: $350,000 of the motor vehicle accountstate appropriation is provided solely for the department, from amounts set aside out of statewide fuel taxes distributed to cities according to RCW 46.68.110(2), to contract with the association of Washington cities to inventory and assess fish passage barriers associated with city roads located in the U.S. v. Washington case area, water resource inventory area numbers one through twenty-three. The study is a continuation of previous inventories, and priority must be given to the assessment of sites that have not yet been inventoried. The initial goal of the study is to finalize the inventory of all city-owned fish passage barriers within the case area. After the initial goal has been met, within any remaining funds and after consultation with the Washington association of cities, the department shall perform downstream access checks on city inventory sites and to reassess existing city inventories that have not been assessed since June 2012. The inventories and assessments must be conducted using the methods described in the department's fish passage, inventory, assessment, and prioritization manual. A report of the study must be provided to the office of financial management and the transportation committees of the legislature by July 1, 2020.
NEW SECTION.  Sec. 112. FOR THE DEPARTMENT OF ECOLOGY
(1)(a) When distributing funds for litter control the department shall give priority to litter control along state highways.
(b) The department shall contract with the department of transportation to schedule litter prevention messaging and coordination of litter emphasis patrols with the Washington state patrol. The department of transportation may coordinate with the department to conduct litter pickup during scheduled maintenance closures as situations allow.
TRANSPORTATION AGENCIESOPERATING
NEW SECTION.  Sec. 201. FOR THE WASHINGTON TRAFFIC SAFETY COMMISSION
Highway Safety AccountState Appropriation
. . . .
$4,588,000
Highway Safety AccountFederal Appropriation
. . . .
$27,035,000
Highway Safety AccountPrivate/Local Appropriation
. . . .
$118,000
School Zone Safety AccountState Appropriation
. . . .
$850,000
TOTAL APPROPRIATION
. . . .
$32,591,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $150,000 of the highway safety accountstate appropriation is provided solely for the implementation of chapter . . . (Substitute Senate Bill No. 5710), Laws of 2019 (Cooper Jones Active Transportation Safety Council). If chapter . . . (Substitute Senate Bill No. 5710), Laws of 2019 is not enacted by June 30, 2019, the amount provided in this subsection lapses.
(2) The Washington traffic safety commission may oversee a pilot program in up to three cities implementing the use of automated vehicle noise enforcement cameras in zones that have been designated by ordinance as "Stay Out of Areas of Racing."
(a) Any programs authorized by the commission must be authorized by December 31, 2019.
(b) If a city has established an authorized automated vehicle noise enforcement camera pilot program under this section, the compensation paid to the manufacturer or vendor of the equipment used must be based upon the value of the equipment and services provided or rendered in support of the system.
(c) Any city administering a pilot program overseen by the traffic safety commission shall use the following guidelines to administer the program:
(i) Automated vehicle noise enforcement camera may record photographs or audio of the vehicle and vehicle license plate only while a violation is occurring. The picture must not reveal the face of the driver or of passengers in the vehicle;
(ii) The law enforcement agency of the city or county government shall plainly mark the locations where the automated vehicle noise enforcement camera is used by placing signs on street locations that clearly indicate to a driver that he or she is entering a zone where traffic laws violations are being detected by automated vehicle noise enforcement cameras that record both audio and video;
(iii) Cities testing the use of automated vehicle noise enforcement cameras must provide periodic notice by mail to its residents indicating the zones in which the automated vehicle noise enforcement cameras will be used;
(iv) A city may only issue a warning notice with no penalty for a violation detected by automated vehicle noise enforcement cameras in a Stay Out of Areas of Racing zone. Warning notices must be mailed to the registered owner of a vehicle within fourteen days of the detected violation;
(v) A violation detected through the use of automated vehicle noise enforcement cameras is not part of the registered owner's driving record under RCW 46.52.101 and 46.52.120;
(vi) Notwithstanding any other provision of law, all photographs, videos, microphotographs, audio recordings, or electronic images prepared under this section are for the exclusive use of law enforcement in the discharge of duties under this section and are not open to the public and may not be used in a court in a pending action or proceeding. No photograph, microphotograph, audio recording, or electronic image may be used for any purpose other than the issuance of warnings for violations under this section or retained longer than necessary to issue a warning notice as required under this subsection (2); and
(vii) By June 30, 2021, the participating cities shall provide a report to the commission and appropriate committees of the legislature regarding the use, public acceptance, outcomes, warnings issued, data retention and use, and other relevant issues regarding automated vehicle noise enforcement cameras demonstrated by the pilot projects.
NEW SECTION.  Sec. 202. FOR THE COUNTY ROAD ADMINISTRATION BOARD
Rural Arterial Trust AccountState Appropriation
. . . .
$1,137,000
Motor Vehicle AccountState Appropriation
. . . .
$2,803,000
County Arterial Preservation AccountState
Appropriation
. . . .
$1,677,000
TOTAL APPROPRIATION
. . . .
$5,617,000
NEW SECTION.  Sec. 203. FOR THE TRANSPORTATION IMPROVEMENT BOARD
Transportation Improvement AccountState
Appropriation
. . . .
$4,526,000
NEW SECTION.  Sec. 204. FOR THE JOINT TRANSPORTATION COMMITTEE
Motor Vehicle AccountState Appropriation
. . . .
$1,938,000
Multimodal Transportation AccountState Appropriation
. . . .
$750,000
Highway Safety AccountState Appropriation
. . . .
$275,000
TOTAL APPROPRIATION
. . . .
$2,963,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $400,000 of the motor vehicle accountstate appropriation and $50,000 of the multimodal transportation accountstate appropriation is for the joint transportation committee to conduct a comprehensive assessment of statewide transportation needs and priorities, and existing and potential transportation funding mechanisms to address those needs and priorities. The assessment must include: (a) Recommendations on the critical state and local transportation projects, programs, and services needed to achieve an efficient, effective, statewide transportation system over the next ten years; (b) a comprehensive menu of funding options for the legislature to consider to address the identified transportation system investments; and (c) an analysis of the economic impacts of a range of future transportation investments. The assessment must be submitted to the transportation committees of the legislature by June 30, 2020. Starting July 1, 2020, and concluding by December 31, 2020, a committee-appointed commission or panel shall review the assessment and make final recommendations to the legislature for consideration during the 2021 legislative session on a realistic, achievable plan for funding transportation programs, projects, and services over the next ten years including a timeline for legislative action on funding the identified transportation system needs shortfall.
(2)(a) $450,000 of the multimodal transportation account—state appropriation is for the joint transportation committee to conduct an analysis of the electrification of public fleets in Washington state. The study must include the following:
(i) An inventory of existing public fleets for the state of Washington, counties, a sampling of cities, and public transit agencies. The inventory must differentiate among battery and fuel cell electric vehicles, hybrid vehicles, gasoline powered vehicles, and any other functional categories. Three cities from each of the following population ranges must be selected for the analysis:
(A) Population up to and including twenty-five thousand;
(B) Population greater than twenty-five thousand and up to and including fifty thousand;
(C) Population greater than fifty thousand and up to and including one hundred thousand;
(D) Population greater than one hundred thousand;
(ii) A review of currently available battery and fuel cell electric vehicle alternatives to the vehicle types most commonly used by the state, counties, cities, and public transit agencies. The review must include:
(A) The average vehicle cost differential among the commercially available fuel options;
(B) A cost benefit analysis of the conversion of different vehicle classes; and
(C) Recommendations for the types of vehicles that should be excluded from consideration due to insufficient alternatives, unreliable technology, or excessive cost;
(iii) The projected costs of achieving substantial conversion to battery and/or fuel cell electric fleets by 2025, 2030, and 2035 for the state, counties, cities, and public transit agencies. This cost estimate must include:
(A) Vehicle acquisition costs, charging and refueling infrastructure costs, and other associated costs;
(B) Financial constraints of each type of entity to transition to an electric vehicle fleet; and
(C) Any other identified barriers to transitioning to a battery and/or fuel cell electric vehicle fleet;
(iv) Identification and analysis of financing mechanisms that could be used to finance the transition of publicly owned vehicles to battery and fuel cell electric vehicles. These mechanisms include, but are not limited to: Energy or carbon savings performance contracting, utility grants and rebates, revolving loan funds, state grant programs, private third-party financing, fleet management services, leasing, vehicle use optimization, and vehicle to grid technology; and
(v) The predicted number and location profile of electric vehicle fueling stations needed statewide to provide fueling for the fleets of the state, counties, cities, and public transit agencies.
(b) In developing and implementing the study, the joint transportation committee must solicit input from representatives of the department of enterprise services, the department of transportation, the department of licensing, the department of commerce, the Washington state association of counties, the association of Washington cities, the Washington state transit association, transit agencies, and others as deemed appropriate.
(c) The joint transportation committee must issue a report of its findings and recommendations to the transportation committees of the legislature by September 30, 2020.
(3)(a) $250,000 of the multimodal transportation accountstate appropriation is for the joint transportation committee to conduct a study of the feasibility of an east-west intercity passenger rail system. The study must include the following elements:
(i) Projections of potential ridership;
(ii) Review of relevant planning studies;
(iii) Establishment of an advisory group and associated meetings;
(iv) Development of a Stampede Pass corridor alignment to maximize ridership, revenue, and rationale, considering service to population centers: Auburn, Cle Elum, Yakima, Tri-Cities, Ellensburg, Toppenish, and Spokane;
(v) Assessment of current infrastructure conditions, including station stop locations;
(vi) Identification of equipment needs; and
(vii) Identification of operator options.
(b) A report of the study findings and recommendations is due to the transportation committees of the legislature by June 30, 2020.
(4)(a) $275,000 of the highway safety fundstate appropriation is for a study of vehicle subagents in Washington state. The study must consider and include recommendations, as necessary, on the following:
(i) The relevant statutes, rules, and/or regulations authorizing vehicle subagents and any changes made to the relevant statutes, rules, and/or regulations;
(ii) The current process of selecting and authorizing a vehicle subagent, including the change of ownership process and the identification of any barriers to entry into the vehicle subagent market;
(iii) The annual business expenditures borne by each of the vehicle subagent businesses since fiscal year 2010 and identification of any materials, including office equipment and supplies, provided by the department of licensing to each vehicle subagent since fiscal year 2010. To accomplish this task, each vehicle subagent must provide expenditure data to the joint transportation committee for the purposes of this study;
(iv) The oversight provided by the county auditors and/or the department of licensing over the vehicle subagent businesses;
(v) The history of service fees, how increases to the service fee rate are made, and how the requested fee increase is determined;
(vi) The online vehicle registration renewal process and any potential improvements to the online process;
(vii) The department of licensing's ability to provide more vehicle licensing services directly, particularly taking into account the increase in online vehicle renewal transactions;
(viii) The potential expansion of services that can be performed by vehicle subagents; and
(ix) The process by which the geographic locations of vehicle subagents are determined.
(b) In conducting the study, the joint transportation committee must consult with the department of licensing, a representative of county auditors, and a representative of vehicle subagents.
(c) The joint transportation committee may collect any data from the department of licensing, county auditors, and vehicle subagents that is necessary to conduct the study.
(d) The joint transportation committee must issue a report of its findings and recommendations to the transportation committees of the legislature by September 30, 2020.
NEW SECTION.  Sec. 205. FOR THE TRANSPORTATION COMMISSION
Motor Vehicle AccountState Appropriation
. . . .
$2,893,000
Multimodal Transportation AccountState Appropriation
. . . .
$112,000
Interstate 405 Express Toll Lanes Operations
AccountState Appropriation
. . . .
$250,000
TOTAL APPROPRIATION
. . . .
$3,255,000
The appropriations in this section are subject to the following conditions and limitations:
(1)(a) The commission shall reconvene the road usage charge steering committee, with the same membership described in chapter 297, Laws of 2018, and shall report at least once every three months to the steering committee with updates on report development for the completed road usage charge pilot project until the final report is submitted. The final report on the road usage charge pilot project is due to the transportation committees of the legislature by January 1, 2020, and should include recommendations for necessary next steps to consider impacts to communities of color, low-income households, vulnerable populations, and displaced communities. Any legislative vacancies on the steering committee must be appointed by the speaker of the house of representatives for a house of representatives member vacancy, and by the president of the senate for a senate member vacancy.
(b) The commission shall coordinate with the department of transportation to jointly seek federal funds available through the federal surface transportation system funding alternatives grant program, applying toll credits for meeting match requirements. One or more grant applications may be developed that, at a minimum, propose to:
(i)(A) Update the recommended road usage charge operational concepts and business case presented to the road usage charge steering committee to reflect a range of scenarios regarding fleet electrification and use of shared vehicles. The operational concepts must include technological or system features necessary to ensure collection of the road usage charge from electric vehicles and fleets of shared and/or autonomous vehicles, if applicable. The business case must assess a range of gross revenue impacts to a road usage charge and fuel taxes resulting from changes to total vehicle miles traveled under scenarios with varying degrees of shared, autonomous, and/or electric vehicle adoption rates;
(B) Develop a detailed plan for phasing in the implementation of road usage charges for vehicles operated in Washington, incorporating any updates to road usage charge policy recommendations made in (a) and (b)(i)(A) of this subsection and including consideration of methods for reducing the cost of collections for a road usage charge system in Washington state; and
(C) Examine the allocation of current gas tax revenues and possible frameworks for the allocation of road usage charge revenues that could be used to evaluate policy choices once road usage charge revenues comprise a significant share of state revenues for transportation purposes.
(ii) A year-end report on the status of any federally-funded project for which federal funding is secured must be provided to the governor's office and the transportation committees of the legislature by January 1, 2020.
(2)(a) $250,000 of the Interstate 405 express toll lanes operations accountstate appropriation is provided solely for the transportation commission to conduct a study, applicable to the Interstate 405 express toll lanes, of discounted tolls and other similar programs for low-income drivers that are provided by other states, countries, or other entities and how such a program could be implemented in the state of Washington. The transportation commission may contract with a consultant to conduct all or a portion of this study.
(b) In conducting this study, the transportation commission shall consult with both the department of transportation and the department of social and health services.
(c) The transportation commission shall, at a minimum, consider the following issues when conducting the study of discounted tolls and other similar programs for low-income drivers:
(i) The benefits, requirements, and any potential detriments to the users of a program;
(ii) The most cost-effective way to implement a program given existing financial commitments, shared cost requirements across facilities, and technical requirements to execute and maintain a program;
(iii) The implications of a program for tolling policies, revenues, costs, operations, and enforcement; and
(iv) Any implications to tolled facilities based on the type of tolling implemented on a particular facility.
(d) The transportation commission shall provide a report detailing the findings of this study and recommendations for implementing a discounted toll or other appropriate program in the state of Washington to the transportation committees of the legislature by June 30, 2021.
NEW SECTION.  Sec. 206. FOR THE FREIGHT MOBILITY STRATEGIC INVESTMENT BOARD
Freight Mobility Investment AccountState
Appropriation
. . . .
$813,000
NEW SECTION.  Sec. 207. FOR THE WASHINGTON STATE PATROL
State Patrol Highway AccountState Appropriation
. . . .
$508,503,000
State Patrol Highway AccountFederal Appropriation
. . . .
$16,069,000
State Patrol Highway AccountPrivate/Local
Appropriation
. . . .
$4,257,000
Highway Safety AccountState Appropriation
. . . .
$1,188,000
Ignition Interlock Device Revolving AccountState
Appropriation
. . . .
$7,010,000
Multimodal Transportation AccountState Appropriation
. . . .
$286,000
TOTAL APPROPRIATION
. . . .
$537,313,000
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.
(2) $510,000 of the ignition interlock device revolving accountstate appropriation is provided solely for the ignition interlock program at the Washington state patrol to provide funding for two staff to work and provide support for the program in working with manufacturers, service centers, technicians, and participants in the program.
(3) $1,424,000 of the state patrol highway accountstate appropriation is provided solely to enter into an agreement for upgraded land mobile software, hardware, and equipment.
(4) $2,582,000 of the state patrol highway accountstate appropriation is provided solely for the replacement of radios and other related equipment.
(5) $343,000 of the state patrol highway accountstate appropriation is provided solely for aerial criminal investigation tools, including software licensing and maintenance, and annual certification.
(6) $514,000 of the state patrol highway accountstate appropriation is provided solely for additional staff to address the increase in the number of toxicology cases from impaired driving and death investigations.
(7) $580,000 of the state patrol highway accountstate appropriation is provided solely for the operation of and administrative support to the license investigation unit to enforce vehicle registration laws in southwestern Washington. The Washington state patrol, in consultation with the department of revenue, shall maintain a running estimate of the additional vehicle registration fees, sales and use taxes, and local vehicle fees remitted to the state pursuant to activity conducted by the license investigation unit. Beginning October 1, 2019, and quarterly thereafter, the Washington state patrol shall submit a report detailing the additional revenue amounts generated since July 1, 2017, to the director of the office of financial management and the transportation committees of the legislature. At the end of the calendar quarter in which it is estimated that more than $625,000 in state sales and use taxes have been remitted to the state since July 1, 2017, the Washington state patrol shall notify the state treasurer and the state treasurer shall transfer funds pursuant to section 406 of this act.
(8) $18,000 of the state patrol highway accountstate appropriation is provided solely for the license investigation unit to procure an additional license plate reader and related costs.
(9) The Washington state patrol and the office of financial management must be consulted by the department of transportation during the design phase of any improvement or preservation project that could impact Washington state patrol weigh station operations. During the design phase of any such project, the department of transportation must estimate the cost of designing around the affected weigh station's current operations, as well as the cost of moving the affected weigh station.
(10) $4,210,000 of the state patrol highway accountstate appropriation is provided solely for a third arming and a third trooper basic training class. The cadet class is expected to graduate in June 2021.
(11) $65,000 of the state patrol highway accountstate appropriation is provided solely for the implementation of chapter . . . (Engrossed Second Substitute Senate Bill No. 5497), Laws of 2019 (immigrants in the workplace). If chapter . . . (Engrossed Second Substitute Senate Bill No. 5497), Laws of 2019 is not enacted by June 30, 2019, the amount provided in this subsection lapses.
(12)(a) The Washington state patrol must report quarterly to the house and senate transportation committees on the status of recruitment and retention activities as follows:
(i) A summary of recruitment and retention strategies;
(ii) The number of transportation funded staff vacancies by major category;
(iii) The number of applicants for each of the positions by these categories;
(iv) The composition of workforce; and
(v) Other relevant outcome measures with comparative information with recent comparable months in prior years.
(b) By January 1, 2020, the Washington state patrol must submit to the transportation committees of the legislature and the governor a workforce diversity plan. The plan must identify ongoing, and both short-term and long-term, specific comprehensive outreach and recruitment strategies to increase populations underrepresented within both commissioned and noncommissioned employee groups.
NEW SECTION.  Sec. 208. FOR THE DEPARTMENT OF LICENSING
Marine Fuel Tax Refund AccountState Appropriation
. . . .
$34,000
Motorcycle Safety Education AccountState
Appropriation
. . . .
$5,044,000
State Wildlife AccountState Appropriation
. . . .
$536,000
Highway Safety AccountState Appropriation
. . . .
$243,189,000
Highway Safety AccountFederal Appropriation
. . . .
$1,294,000
Motor Vehicle AccountState Appropriation
. . . .
$77,219,000
Motor Vehicle AccountPrivate/Local Appropriation
. . . .
$2,858,000
Ignition Interlock Device Revolving AccountState
Appropriation
. . . .
$6,143,000
Department of Licensing Services AccountState
Appropriation
. . . .
$8,012,000
License Plate Technology AccountState
Appropriation
. . . .
$4,250,000
Abandoned Recreational Vehicle AccountState
Appropriation
. . . .
$2,925,000
Limousine Carriers AccountState Appropriation
. . . .
$113,000
DOL Technology Improvement & Data Management
AccountState Appropriation
. . . .
$2,250,000
Agency Financial Transaction AccountState
Appropriation
. . . .
$11,903,000
TOTAL APPROPRIATION
. . . .
$365,770,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $139,000 of the motorcycle safety education accountstate appropriation is provided solely for the implementation of chapter . . . (Substitute House Bill No. 1116), Laws of 2019 (motorcycle safety). If chapter . . . (Substitute House Bill No. 1116), Laws of 2019 is not enacted by June 30, 2019, the amount provided in this subsection lapses.
(2) $404,000 of the highway safety accountstate appropriation is provided solely for a new driver testing system at the department. Pursuant to RCW 43.135.055 and 46.82.310, the department is authorized to increase driver training school license application and renewal fees in fiscal years 2020 and 2021, as necessary to fully support the cost of activities related to administration of the driver training school program, including the cost of the new driver testing system described in this subsection.
(3) $25,000 of the motorcycle safety education accountstate appropriation, $4,000 of the state wildlife accountstate appropriation, $1,708,000 of the highway safety account—state appropriation, $576,000 of the motor vehicle accountstate appropriation, $22,000 of the ignition interlock device revolving accountstate appropriation, and $28,000 of the department of licensing services accountstate appropriation are provided solely for the department to fund the appropriate staff, other than data stewards, and necessary equipment and software for data management, data analytics, and data compliance activities. The department must, in consultation with the office of the chief information officer, construct a framework with goals for providing better data stewardship and a plan to achieve those goals. The department must provide the framework and plan to the transportation committees of the legislature by December 31, 2019. Appropriations provided for the data stewardship and privacy project described in this subsection are subject to the conditions, limitations, and review provided in section 701 of this act.
(4) Appropriations provided for the cloud continuity of operations project in this section are subject to the conditions, limitations, and review provided in section 701 of this act.
(5) The department shall continue to encourage the use of online vehicle registration renewal reminders and minimize the number of letters mailed by the department. Beginning January 1, 2020, and semiannually thereafter, the department must report on the percentage of different types of transactions performed online by region and the estimated printing and postage costs saved from a fiscal year 2017 baseline from these efforts.
(6) $24,028,000 of the highway safety accountstate appropriation is provided solely for costs necessary to accommodate increased demand for enhanced drivers' licenses and enhanced identicards. The department shall report on a quarterly basis on the use of these funds, associated workload, and information with comparative information with recent comparable months in prior years. The report must include detailed statewide and by licensing service office information on staffing levels, average monthly wait times, the number of enhanced drivers' licenses and enhanced identicards issued/renewed, and the number of primary drivers' licenses and identicards issued/renewed. Within the amounts provided in this subsection, the department shall implement efficiency measures to reduce the time for licensing transactions and wait times including, but not limited to, the installation of additional cameras at licensing service offices that reduce bottlenecks and align with the "keep your customer" initiative.
(7) Within amounts provided in this section, the department shall take immediate steps to ensure that all statutorily allowed transactions that can be performed by subagents are logistically allowed and supported, including potentially allowing vessel reports of sale to be processed in subagent offices. By December 1, 2019, the department of licensing shall report to director of the office of financial management and the transportation committees of the legislature on the actions taken pursuant to this subsection.
(8) $507,000 of the motor vehicle accountstate appropriation is provided solely for the implementation of chapter . . . (Substitute Senate Bill No. 5419), Laws of 2019 (vehicle service fees) or chapter . . . (Engrossed House Bill No. 1789), Laws of 2019 (vehicle service fees). If neither chapter . . . (Substitute Senate Bill No. 5419), Laws of 2019 or chapter . . . (Engrossed House Bill No. 1789), Laws of 2019 are enacted by June 30, 2019, the amount provided in this subsection lapses.
(9) $62,000 of the highway safety accountstate appropriation is provided solely for the implementation of chapter . . . (Substitute Senate Bill No. 5694), Laws of 2019 (commercial beekeeper drivers). If chapter . . . (Substitute Senate Bill No. 5694), Laws of 2019 is not enacted by June 30, 2019, the amount provided in this subsection lapses.
(10) $25,000 of the motor vehicle accountstate appropriation is provided solely for the implementation of chapter . . . (Engrossed House Bill No. 1996), Laws of 2019 (San Juan Islands license plate). If chapter . . . (Engrossed House Bill No. 1996), Laws of 2019 is not enacted by June 30, 2019, the amount provided in this subsection lapses.
(11) $24,000 of the motor vehicle accountstate appropriation is provided solely for the implementation of chapter . . . (House Bill No. 2062), Laws of 2019 (Seattle Storm license plate). If chapter . . . (House Bill No. 2062), Laws of 2019 is not enacted by June 30, 2019, the amount provided in this subsection lapses.
(12) $14,000 of the motor vehicle accountstate appropriation is provided solely for the implementation of chapter . . . (Substitute Senate Bill No. 5591), Laws of 2019 (stolen vehicle check fee). If chapter . . . (Substitute Senate Bill No. 5591), Laws of 2019 is not enacted by June 30, 2019, the amount provided in this subsection lapses.
(13) $65,000 of the highway safety accountstate appropriation is provided solely for the implementation of chapter . . . (Engrossed Second Substitute Senate Bill No. 5497), Laws of 2019 (immigrants in the workplace). If chapter . . . (Engrossed Second Substitute Senate Bill No. 5497), Laws of 2019 is not enacted by June 30, 2019, the amount provided in this subsection lapses.
(14) The appropriations in this section assume implementation of additional cost recovery mechanisms to recoup at least $11,903,000 in credit card and other financial transaction costs as part of charges imposed for driver and vehicle fee transactions beginning January 1, 2020. At the direction of the office of financial management, the department must develop a method of tracking the additional amount of credit card and other financial cost-recovery revenues. In consultation with the office of financial management, the department must notify the state treasurer of these amounts and the state treasurer must deposit these revenues in the agency financial transaction account created in section 717 of this act on a quarterly basis.
(15) Within amounts provided in this section, the department, shall convene a work group of relevant stakeholders, to make recommendations on methods to assist former military members with demonstrated comparable recent military experience transition into civilian employment in commercial trucking and the construction trades. The issues explored by the work group may include, but are not limited to, expanding the allowed waivers under the federal motor carrier safety administration regulations, the specific training documents and military license information needed to demonstrate comparable military experience, the options to ensure that the former military drivers have the requisite knowledge and skills to safely operate commercial motor vehicles, and options to expand the transition and employment opportunities of former military drivers. The work group shall submit a report with its findings and recommendations to the transportation committees of the legislature by December 1, 2019.
(16) Within amounts provided in this section, the department, in consultation with the department of ecology and the Washington state patrol, shall convene a work group that includes representation from the vehicle recycling community, local law enforcement, environmental interests, and other appropriate parties to review enforcement of and compliance with the state's vehicle wrecking laws.
(a) The work group shall review the current problems relating to illegal vehicle wrecking operations and efforts underway in other west coast states to address the problems of illegal vehicle wrecking operations, including tax evasion, environmental impacts, health impacts, and facilitation of vehicle theft, and other related issues.
(b) The work group shall consider strategies for bringing illegal vehicle wreckers into compliance through compliance assistance, education and training, or other methods, including coordinated enforcement and compliance activities, and recommendations for statutory and administrative changes needed to better allow for enforcement against illegal wrecking operations.
(c) By December 1, 2019, the department must submit a preliminary progress report on the work group activities to the transportation committees of the legislature. By August 1, 2020, the department must submit a final report with potential legislation to the transportation committees of the legislature.
(17)(a) To ensure the most accurate and cost-effective method of determining whether an abandoned vehicle owner is an active duty service member, the department shall convene a work group comprised of registered tow truck operators from different regions of the state, a representative of the military department, and representatives from the military branches of service by invitation as appropriate, to develop options for a financially viable and sustainable plan for the verification of a registered vehicle owner's active duty military status for both in state and out-of-state registered vehicles. The work group must examine:
(i) How other states and their respective towing and recovery industries have addressed the workload, liability, and costs of verification of a registered vehicle owner's active duty military status; and
(ii) Appropriate sources of funding to support the implementation of the policy options developed by the work group.
(b) A final report and draft legislation are due to the standing transportation committees of the legislature on June 1, 2020.
(18) $1,281,000 of the department of licensing service accountstate appropriation is provided solely for savings from the implementation of chapter . . . (Engrossed House Bill No. 1789), Laws of 2019 (vehicle service fees). If chapter . . . (Engrossed House Bill No. 1789), Laws of 2019 is enacted by June 30, 2019, the amount provided in this subsection lapses.
(19) $2,650,000 of the abandoned recreational vehicle disposal accountstate appropriation is provided solely for providing reimbursements in accordance with the department's abandoned recreational vehicle disposal reimbursement program. It is the intent of the legislature that the department prioritize this funding for allowable and approved reimbursements and not to build a reserve of funds within the account.
(20) $20,000 of the motor vehicle accountstate appropriation is provided solely for the implementation of chapter . . . (Substitute House Bill No. 1197), Laws of 2019 (Gold Star license plate). If chapter . . . (Substitute House Bill No. 1197), Laws of 2019 is not enacted by June 30, 2019, the amount provided in this subsection lapses.
(21) $31,000 of the motor vehicle accountstate appropriation is provided solely for the implementation of chapter . . . (Substitute House Bill No. 1436), Laws of 2019 (snow bikes). If chapter . . . (Substitute House Bill No. 1436), Laws of 2019 is not enacted by June 30, 2019, the amount provided in this subsection lapses.
(22) $24,000 of the motor vehicle accountstate appropriation is provided solely for the implementation of chapter . . . (House Bill No. 2058), Laws of 2019 (Purple Heart license plate). If chapter . . . (House Bill No. 2058), Laws of 2019 is not enacted by June 30, 2019, the amount provided in this subsection lapses.
(23) $24,000 of the motor vehicle accountstate appropriation is provided solely for the implementation of chapter . . . (Engrossed House Bill No. 2067), Laws of 2019 (vehicle and vessel owner information). If chapter . . . (Engrossed House Bill No. 2067), Laws of 2019 is not enacted by June 30, 2019, the amount provided in this subsection lapses.
(24) $24,000 of the motor vehicle accountstate appropriation is provided solely for the implementation of chapter . . . (House Bill No. 1255), Laws of 2019 (Patches Pal license plate). If chapter . . . (House Bill No. 1255), Laws of 2019 is not enacted by June 30, 2019, the amount provided in this subsection lapses.
(25) $600,000 of the highway safety accountstate appropriation is provided solely for the department to provide an interagency transfer to the department of social and health services, children's administration division for the purpose of providing driver's license support to a larger population of foster youth than is already served within existing resources. Support services include reimbursement of driver's license issuance costs, fees for driver training education, and motor vehicle liability insurance costs.
(26) The department must place personal and company data elements in separate data fields to allow the department to select discrete data elements when providing information or data to persons or entities outside the department. Pursuant to the restrictions in federal and state law, a person's photo, social security number, or medical information must not be made available through public disclosure or data being provided under RCW 46.12.630 or 46.12.635.
(27) The budget includes amounts for the department to implement employee training and other activities related to improving the protection of private information and increasing racial and cultural awareness by employees in administering licensing responsibilities.
(28) Within existing funds, the department shall conduct a study to evaluate options for the implementation of prismatic retroreflective technology on license plates. The department must consult with the department of corrections, the department of transportation, the Washington state patrol, and other appropriate entities in conducting the study. The report must include information on the potential improvements to license plate retroreflectivity and legibility, implementation costs, effects of prismatic retroreflective technology on license plate readers used by the Washington state patrol for enforcement and by the department of transportation in the photo toll collection process, and other implementation issues. The department shall issue the report to the transportation committees of the legislature by December 31, 2019.
(29) $149,000 of the highway safety account—state appropriation and $218,000 of the ignition interlock device revolving account—state appropriation are provided solely for the implementation of chapter . . . (Engrossed Substitute House Bill No. 1504), Laws of 2019 (impaired driving). If chapter . . . (Engrossed Substitute House Bill No. 1504), Laws of 2019 is not enacted by June 30, 2019, the amount provided in this subsection lapses.
(30) $91,000 of the highway safety accountstate appropriation is provided solely for the department's costs related to the one Washington project.
(31) $974,000 of the highway safety accountstate appropriation is provided solely for communication and outreach activities necessary to inform the public of federally acceptable identification options including, but not limited to, enhanced drivers' licenses and enhanced identicards. The department shall continue the outreach plan that includes informational material that can be effectively communicated to all communities and populations in Washington. To accomplish this work, the department shall contract with an external vendor with demonstrated experience and expertise in outreach and marketing to underrepresented communities in a culturally-responsive fashion.
*Sec. 208 is partially vetoed. See message at end of chapter.
NEW SECTION.  Sec. 209. FOR THE DEPARTMENT OF TRANSPORTATIONTOLL OPERATIONS AND MAINTENANCEPROGRAM B
High Occupancy Toll Lanes Operations AccountState
Appropriation
. . . .
$3,774,000
Motor Vehicle AccountState Appropriation
. . . .
$513,000
State Route Number 520 Corridor AccountState
Appropriation
. . . .
$43,773,000
State Route Number 520 Civil Penalties AccountState
Appropriation
. . . .
$4,145,000
Tacoma Narrows Toll Bridge AccountState
Appropriation
. . . .
$27,807,000
Alaskan Way Viaduct Replacement Project AccountState
Appropriation
. . . .
$20,061,000
Interstate 405 Express Toll Lanes Operations
AccountState Appropriation
. . . .
$18,329,000
TOTAL APPROPRIATION
. . . .
$118,402,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $1,300,000 of the Tacoma Narrows toll bridge accountstate appropriation and $11,034,000 of the state route number 520 corridor accountstate appropriation are provided solely for the purposes of addressing unforeseen operations and maintenance costs on the Tacoma Narrows bridge and the state route number 520 bridge, respectively. The office of financial management shall place the amounts provided in this subsection, which represent a portion of the required minimum fund balance under the policy of the state treasurer, in unallotted status. The office may release the funds only when it determines that all other funds designated for operations and maintenance purposes have been exhausted.
(2) As long as the facility is tolled, the department must provide quarterly reports to the transportation committees of the legislature on the Interstate 405 express toll lane project performance measures listed in RCW 47.56.880(4). These reports must include:
(a) Information on the travel times and travel time reliability (at a minimum, average and 90th percentile travel times) maintained during peak and nonpeak periods in the express toll lanes and general purpose lanes for both the entire corridor and commonly made trips in the corridor including, but not limited to, northbound from Bellevue to Rose Hill, state route number 520 at NE 148th to Interstate 405 at state route number 522, Bellevue to Bothell (both NE 8th to state route number 522 and NE 8th to state route number 527), and a trip internal to the corridor (such as NE 85th to NE 160th) and similar southbound trips;
(b) A month-to-month comparison of travel times and travel time reliability for the entire corridor and commonly made trips in the corridor as specified in (a) of this subsection since implementation of the express toll lanes and, to the extent available, a comparison to the travel times and travel time reliability prior to implementation of the express toll lanes;
(c) Total express toll lane and total general purpose lane traffic volumes, as well as per lane traffic volumes for each type of lane (i) compared to total express toll lane and total general purpose lane traffic volumes, as well as per lane traffic volumes for each type of lane, on this segment of Interstate 405 prior to implementation of the express toll lanes and (ii) compared to total express toll lane and total general purpose lane traffic volumes, as well as per lane traffic volumes for each type of lane, from month to month since implementation of the express toll lanes; and
(d) Underlying congestion measurements, that is, speeds, that are being used to generate the summary graphs provided, to be made available in a digital file format.
(3)(a) $71,000 of the high occupancy toll lanes operations account—state appropriation, $1,238,000 of the state route number 520 corridor account—state appropriation, $532,000 of the Tacoma Narrows toll bridge account—state appropriation, $460,000 of the Interstate 405 express toll lanes operations accountstate appropriation, and $699,000 of the Alaskan Way viaduct replacement project accountstate appropriation are provided solely for the department to finish implementing a new tolling customer service toll collection system, and are subject to the conditions, limitations, and review provided in section 701 of this act.
(b) The department shall continue to work with the office of financial management, office of the chief information officer, and the transportation committees of the legislature on the project management plan that includes a provision for independent verification and validation of contract deliverables from the successful bidder and a provision for quality assurance that includes reporting independently to the office of the chief information officer on an ongoing basis during system implementation.
(4) The department shall make detailed quarterly reports to the transportation committees of the legislature and the public on the department's web site on the following:
(a) The use of consultants in the tolling program, including the name of the contractor, the scope of work, the type of contract, timelines, deliverables, any new task orders, and any extensions to existing consultant contracts;
(b) The nonvendor costs of administering toll operations, including the costs of staffing the division, consultants, and other personal service contracts required for technical oversight and management assistance, insurance, payments related to credit card processing, transponder purchases and inventory management, facility operations and maintenance, and other miscellaneous nonvendor costs;
(c) The vendor-related costs of operating tolled facilities, including the costs of the customer service center, cash collections on the Tacoma Narrows bridge, electronic payment processing, and toll collection equipment maintenance, renewal, and replacement;
(d) The toll adjudication process, including a summary table for each toll facility that includes:
(i) The number of notices of civil penalty issued;
(ii) The number of recipients who pay before the notice becomes a penalty;
(iii) The number of recipients who request a hearing and the number who do not respond;
(iv) Workload costs related to hearings;
(v) The cost and effectiveness of debt collection activities; and
(vi) Revenues generated from notices of civil penalty; and
(e) 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.
(5) $17,517,000 of the Interstate 405 express toll lanes operations accountstate appropriation is provided solely for operational costs related to the express toll lane facility.
(6) In calendar year 2021, toll equipment on the Tacoma Narrows Bridge will have reached the end of its operational life. During the 2019-2021 fiscal biennium, the department plans to issue a request for proposals as the first stage of a competitive procurement process that will replace the toll equipment and select a new tolling operator for the Tacoma Narrows Bridge. The request for proposals and subsequent competitive procurement must incorporate elements that prioritize the overall goal of lowering costs per transaction for the facility, such as incentives for innovative approaches which result in lower transactional costs, requests for efficiencies on the part of the bidder that lower operational costs, and incorporation of technologies such as self-serve credit card machines or other point-of-payment technologies that lower costs or improve operational efficiencies.
(7) $19,362,000 of the Alaskan Way viaduct replacement project accountstate appropriation is provided solely for the new state route number 99 tunnel toll facility's expected share of collecting toll revenues, operating customer services, and maintaining toll collection systems. The legislature expects to see appropriate reductions to the other toll facility accounts once tolling on the new state route number 99 tunnel toll facility commences and any previously incurred costs for start-up of the new facility are charged back to the Alaskan Way viaduct replacement project account. The office of financial management shall closely monitor the application of the cost allocation model and ensure that the new state route number 99 tunnel toll facility is adequately sharing costs and the other toll facility accounts are not being overspent or subsidizing the new state route number 99 tunnel toll facility.
(8) $256,000 of the high occupancy toll lanes operations accountstate appropriation and $352,000 of the Interstate 405 express toll lanes operations accountstate appropriation are provided solely for increased levels of service from the Washington state patrol for enforcement of toll lane violations on the state route number 167 high occupancy toll lanes and the Interstate 405 express toll lanes. The department shall compile monthly data on the number of Washington state patrol enforcement hours on each facility and the percentage of time during peak hours that speeds are at or above forty-five miles per hour on each facility. The department shall provide this data in a report to the transportation committees of the legislature on at least a calendar quarterly basis.
NEW SECTION.  Sec. 210. FOR THE DEPARTMENT OF TRANSPORTATION—INFORMATION TECHNOLOGYPROGRAM C
Transportation Partnership AccountState Appropriation
. . . .
$1,460,000
Motor Vehicle AccountState Appropriation
. . . .
$94,993,000
Puget Sound Ferry Operations AccountState
Appropriation
. . . .
$263,000
Multimodal Transportation AccountState
Appropriation
. . . .
$2,878,000
Transportation 2003 Account (Nickel Account)State
Appropriation
. . . .
$1,460,000
TOTAL APPROPRIATION
. . . .
$101,054,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $8,114,000 of the motor vehicle accountstate appropriation is provided solely for the development of the labor system replacement project and is subject to the conditions, limitations, and review provided in section 701 of this act. It is the intent of the legislature that if any portion of the labor system replacement project is leveraged in the future for the time, leave, and labor distribution of any other agencies, the motor vehicle account will be reimbursed proportionally for the development of the system since amounts expended from the motor vehicle account must be used exclusively for highway purposes in conformance with Article II, section 40 of the state Constitution. This must be accomplished through a loan arrangement with the current interest rate under the terms set by the office of the state treasurer at the time the system is deployed to additional agencies. If the motor vehicle account is not reimbursed for future use of the system, it is further the intent of the legislature that reductions will be made to central service agency charges accordingly. The department shall provide a report to the transportation committees of the legislature by December 31, 2019, detailing the project timeline as of July 1, 2019, an updated project timeline if necessary, expenditures made to date for the purposes of this project, and expenditures projected through the remainder of the project timeline.
(2) $198,000 of the motor vehicle accountstate appropriation is provided solely for the department's cost related to the one Washington project.
(3) $21,500,000 of the motor vehicle accountstate appropriation is provided solely for the activities of the information technology program in developing and maintaining information systems that support the operations and program delivery of the department, ensuring compliance with section 701 of this act, and the requirements of the office of the chief information officer under RCW 43.88.092 to evaluate and prioritize any new financial and capital systems replacement or modernization project and any other information technology project. During the 2019-2021 biennium, the department is prohibited from using the distributed direct program support or any other cost allocation method to fund any new financial and capital systems replacement or modernization project without having the project evaluated and prioritized by the office of the chief information officer and submitting a decision package to the governor and the transportation committees of the legislature as part of the normal budget process.
NEW SECTION.  Sec. 211. FOR THE DEPARTMENT OF TRANSPORTATIONFACILITY MAINTENANCE, OPERATIONS, AND CONSTRUCTIONPROGRAM DOPERATING
Motor Vehicle AccountState Appropriation
. . . .
$33,149,000
State Route Number 520 Corridor AccountState
Appropriation
. . . .
$34,000
TOTAL APPROPRIATION
. . . .
$33,183,000
NEW SECTION.  Sec. 212. FOR THE DEPARTMENT OF TRANSPORTATION—AVIATION—PROGRAM F
Aeronautics AccountState Appropriation
. . . .
$7,635,000
Aeronautics AccountFederal Appropriation
. . . .
$2,542,000
Aeronautics AccountPrivate/Local Appropriation
. . . .
$60,000
TOTAL APPROPRIATION
. . . .
$10,237,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $2,751,000 of the aeronautics accountstate appropriation is provided solely for the airport aid grant program, which provides competitive grants to public use airports for pavement, safety, maintenance, planning, and security.
(2) $468,000 of the aeronautics accountstate appropriation is provided solely for one FTE dedicated to planning aviation emergency services and addressing emerging aeronautics requirements, and for the implementation of chapter . . . (House Bill No. 1397), Laws of 2019 (electric aircraft work group), which extends the electric aircraft work group past its current expiration and allows WSDOT to employ a consultant to assist with the work group. If chapter . . . (House Bill No. 1397), Laws of 2019 is not enacted by June 30, 2019, $200,000 of the amount in this subsection lapses.
(3) $200,000 of the aeronautics accountstate appropriation is provided solely for the department to convene an electric aircraft work group to study the state of the electrically powered aircraft industry and assess infrastructure needs related to the deployment of electric or hybrid-electric aircraft for commercial air travel in Washington state.
(a) The chair of the work group may be a consultant specializing in aeronautics. The work group must include, but is not limited to, representation from the electric aircraft industry, the aircraft manufacturing industry, electric utility districts, the battery industry, the department of commerce, the department of transportation aviation division, the airline pilots association, a primary airport representing an airport association, and the airline industry.
(b) The study must include, but is not limited to:
(i) Infrastructure requirements necessary to facilitate electric aircraft operations at airports;
(ii) Potential economic and public benefits including, but not limited to, the direct and indirect impact on the number of manufacturing and service jobs and the wages from those jobs in Washington state;
(iii) Potential incentives for industry in the manufacturing and operation of electric aircraft for regional air travel;
(iv) Educational and workforce requirements for manufacturing and maintaining electric aircraft;
(v) Demand and forecast for electric aircraft use to include expected timeline of the aircraft entering the market given federal aviation administration certification requirements;
(vi) Identification of up to six airports in Washington state that may benefit from a pilot program once an electrically propelled aircraft for commercial use becomes available; and
(vii) Recommendations to further the advancement of the electrification of aircraft for regional commercial use within Washington state, including specific, measureable goals for the years 2030, 2040, and 2050 that reflect progressive and substantial increases in the utilization of electric and hybrid-electric commercial aircraft.
(c) The work group must submit a report and accompanying recommendations to the transportation committees of the legislature by November 15, 2020.
(d) If chapter . . . (House Bill No. 1397), Laws of 2019 is enacted by June 30, 2019, the amount provided in this subsection (3) lapses.
(4) $150,000 of the aeronautics accountstate appropriation is provided solely for the implementation of chapter . . . (Substitute Senate Bill No. 5370), Laws of 2019 (aviation coordinating commission). If chapter . . . (Substitute Senate Bill No. 5370), Laws of 2019 is not enacted by June 30, 2019, the amount provided in this subsection lapses.
NEW SECTION.  Sec. 213. FOR THE DEPARTMENT OF TRANSPORTATIONPROGRAM DELIVERY MANAGEMENT AND SUPPORTPROGRAM H
Motor Vehicle AccountState Appropriation
. . . .
$59,801,000
Motor Vehicle AccountFederal Appropriation
. . . .
$500,000
Multimodal Transportation AccountState Appropriation
. . . .
$258,000
TOTAL APPROPRIATION
. . . .
$60,559,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The legislature recognizes that the trail known as the Rocky Reach Trail, and its extensions, serve to separate motor vehicle traffic from pedestrians and bicyclists, increasing motor vehicle safety on state route number 2 and the coincident section of state route number 97. Consistent with chapter 47.30 RCW and pursuant to RCW 47.12.080, the legislature declares that transferring portions of WSDOT Inventory Control (IC) No. 2-09-04686 containing the trail and associated buffer areas to the Washington state parks and recreation commission is consistent with the public interest. The legislature directs the department to transfer the property to the Washington state parks and recreation commission.
(a) 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.
(b) Prior to completing the transfer in this subsection (1), the department must ensure that provisions are made to accommodate private and public utilities and any facilities that predate the department's acquisition of the property, at no cost to those entities. Prior to completing the transfer, the department shall also ensure that provisions, by fair market assessment, are made to accommodate other private and public utilities and any facilities that have been legally allowed by permit or other instrument.
(c) The department may sell any adjoining property that is not necessary to support the Rocky Reach Trail and adjacent buffer areas only after the transfer of trail-related property to the Washington state parks and recreation commission is complete. Adjoining property owners must be given the first opportunity to acquire such property that abuts their property, and applicable boundary line or other adjustments must be made to the legal descriptions for recording purposes.
(2) With respect to Parcel 12 of the real property conveyed by the state of Washington to the city of Mercer Island under that certain quitclaim deed, dated April 19, 2000, recorded in King county under recording no. 20000425001234, the requirement in the deed that the property be used for road/street purposes only will be deemed satisfied by the department of transportation so long as commuter parking, as part of the vertical development of the property, is one of the significant uses of the property.
(3) $1,600,000 of the motor vehicle accountstate appropriation is provided solely for real estate services activities. Consistent with RCW 47.12.120 and during the 2019-2021 fiscal biennium, when initiating, extending, or renewing any rent or lease agreements with a regional transit authority, consideration of value must be equivalent to one hundred percent of economic or market rent.
(4)(a) $100,000 of the motor vehicle accountstate appropriation is provided solely for the department to:
(i) Determine the real property owned by the state of Washington and under the jurisdiction of the department in King county that is surplus property located in an area encompassing south of Dearborn Street in Seattle, south of Newcastle, west of SR 515, and north of South 216th to SR 515; and
(ii) Use any remaining funds after (a)(i) of this subsection is completed to identify additional real property across the state owned by the state of Washington and under the jurisdiction of the department that is surplus property.
(b) The department shall provide a report to the transportation committees of the legislature describing the properties it has identified as surplus property under (a) of this subsection by October 1, 2020.
NEW SECTION.  Sec. 214. FOR THE DEPARTMENT OF TRANSPORTATIONPUBLIC-PRIVATE PARTNERSHIPSPROGRAM K
Motor Vehicle AccountState Appropriation
. . . .
$670,000
Electric Vehicle AccountState Appropriation
. . . .
$2,000,000
Multimodal Transportation AccountState Appropriation
. . . .
$1,634,000
TOTAL APPROPRIATION
. . . .
$4,304,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The economic partnerships program must continue to explore retail partnerships at state-owned park and ride facilities, as authorized in RCW 47.04.295.
(2) $350,000 of the multimodal transportation accountstate appropriation is provided solely for the department to execute a transit oriented development pilot project at Kingsgate park and ride in Kirkland intended to be completed by December 31, 2023. The purpose of the pilot project is to demonstrate how appropriate department properties may be used to provide multiple public benefits such as affordable and market rate housing, commercial development, and institutional facilities in addition to transportation purposes. To accomplish the pilot project, the department is authorized to exercise all legal and administrative powers authorized in statute that may include, but is not limited to, the transfer, lease, or sale of some or all of the property to another governmental agency, public development authority, or nonprofit developer approved by the department and partner agencies. The department may also partner with sound transit, King county, the city of Kirkland, and any other federal, regional, or local jurisdiction on any policy changes necessary from those jurisdictions to facilitate the pilot project. By December 1, 2019, the department must report to the legislature on any legislative actions necessary to facilitate the pilot project and future transit oriented development projects.
(3) $2,000,000 of the electric vehicle account—state appropriation is provided solely for the clean alternative fuel vehicle charging and refueling infrastructure program in chapter . . . (Engrossed Second Substitute House Bill No. 2042), Laws of 2019 (advancing green transportation adoption). If chapter . . . (Engrossed Second Substitute House Bill No. 2042), Laws of 2019 is not enacted by June 30, 2019, the amount provided in this subsection lapses.
(4) $1,200,000 of the multimodal transportation account—state appropriation is provided solely for the pilot program established under chapter . . . (Engrossed Second Substitute House Bill No. 2042), Laws of 2019 (advancing green transportation adoption) to provide clean alternative fuel vehicle use opportunities to underserved communities and low to moderate income members of the workforce not readily served by transit or located in transportation corridors with emissions that exceed federal or state emissions standards. If chapter . . . (Engrossed Second Substitute House Bill No. 2042), Laws of 2019 is not enacted by June 30, 2019, the amount provided in this subsection lapses.
(5) $84,000 of the multimodal transportation account—state appropriation is provided solely for an interagency transfer to the department of commerce for the purpose of conducting a study as described in chapter . . . (Engrossed Second Substitute House Bill No. 2042), Laws of 2019 (advancing green transportation adoption) to identify opportunities to reduce barriers to electric vehicle adoption by lower income residents of the state through the use of vehicle and infrastructure financing assistance. If chapter . . . (Engrossed Second Substitute House Bill No. 2042), Laws of 2019 is not enacted by June 30, 2019, the amount provided in this subsection lapses.
NEW SECTION.  Sec. 215. FOR THE DEPARTMENT OF TRANSPORTATIONHIGHWAY MAINTENANCEPROGRAM M
Motor Vehicle AccountState Appropriation
. . . .
$495,228,000
Motor Vehicle AccountFederal Appropriation
. . . .
$7,000,000
State Route Number 520 Corridor AccountState
Appropriation
. . . .
$4,447,000
Tacoma Narrows Toll Bridge AccountState
Appropriation
. . . .
$1,549,000
Alaskan Way Viaduct Replacement Project
AccountState Appropriation
. . . .
$9,533,000
Interstate 405 Express Toll Lanes Operations
AccountState Appropriation
. . . .
$1,370,000
TOTAL APPROPRIATION
. . . .
$519,127,000
The appropriations in this section are subject to the following conditions and limitations:
(1)(a) $6,170,000 of the motor vehicle accountstate appropriation is provided solely for utility fees assessed by local governments as authorized under RCW 90.03.525 for the mitigation of stormwater runoff from state highways. Plan and reporting requirements as required in chapter . . . (Senate Bill No. 5505), Laws of 2019 (Local Stormwater Charges) shall be consistent with the January 2012 findings of the Joint Transportation Committee Report for Effective Cost Recovery Structure for WSDOT, Jurisdictions, and Efficiencies in Stormwater Management.
(b) Pursuant to RCW 90.03.525(3), the department and the utilities imposing charges to the department shall negotiate with the goal of agreeing to rates such that the total charges to the department for the 2019-2021 fiscal biennium do not exceed the amount provided in this subsection. The department shall report to the transportation committees of the legislature on the amount of funds requested, the funds granted, and the strategies used to keep costs down, by January 17, 2021. If chapter . . . (Senate Bill No. 5505), Laws of 2019 (local stormwater charges) is enacted by June 30, 2019, this subsection (1)(b) does not take effect.
(2) $4,447,000 of the state route number 520 corridor accountstate appropriation is provided solely to maintain the state route number 520 floating bridge. These funds must be used in accordance with RCW 47.56.830(3).
(3) $1,549,000 of the Tacoma Narrows toll bridge accountstate appropriation is provided solely to maintain the new Tacoma Narrows bridge. These funds must be used in accordance with RCW 47.56.830(3).
(4) $1,370,000 of the Interstate 405 express toll lanes operations accountstate appropriation is provided solely to maintain the Interstate 405 express toll lanes between Lynnwood and Bellevue. These funds must be used in accordance with RCW 47.56.830(3).
(5) $5,000,000 of the motor vehicle accountstate appropriation is provided solely for a contingency pool for snow and ice removal. The department must notify the office of financial management and the transportation committees of the legislature when they have spent the base budget for snow and ice removal and will begin using the contingency pool funding.
(6) $1,025,000 of the motor vehicle accountstate appropriation is provided solely for the department to implement safety improvements and debris clean up on department-owned rights-of-way in the city of Seattle at levels above that being implemented as of January 1, 2019. The department must contract out or hire a crew dedicated solely to collecting and disposing of garbage, clearing debris or hazardous material, and implementing safety improvements where hazards exist to the traveling public, department employees, or people encamped upon department-owned rights-of-way. The department may request assistance from the Washington state patrol as necessary in order for both agencies to provide enhanced safety-related activities regarding the emergency hazards along state highway rights-of-way in the Seattle area.
(7) $1,015,000 of the motor vehicle accountstate appropriation is provided solely for a partnership program between the department and the city of Tacoma. The program shall address the safety and public health problems created by homeless encampments on the department's property along state highways within the city limits. $570,000 is for dedicated department maintenance staff and associated clean-up costs. The department and the city of Tacoma shall enter into a reimbursable agreement to cover up to $445,000 of the city's expenses for clean-up crews and landfill costs.
(8) The department must commence a pilot program for the 2019-2021 fiscal biennium at the four highest demand safety rest areas to create and maintain an online calendar for volunteer groups to check availability of weekends for the free coffee program. The calendar must be updated at least weekly and show dates and times that are, or are not, available to participate in the free coffee program. The department must submit a report to the legislature on the ongoing pilot by December 1, 2020, outlining the costs and benefits of the online calendar pilot, and including surveys from the volunteer groups and agency staff to determine its effectiveness.
NEW SECTION.  Sec. 216. FOR THE DEPARTMENT OF TRANSPORTATIONTRAFFIC OPERATIONS—PROGRAM QOPERATING
Motor Vehicle AccountState Appropriation
. . . .
$70,681,000
Motor Vehicle AccountFederal Appropriation
. . . .
$2,050,000
Motor Vehicle AccountPrivate/Local Appropriation
. . . .
$250,000
TOTAL APPROPRIATION
. . . .
$72,981,000
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. By December 15th of each odd-numbered year, the department shall provide a report to the legislature listing all low-cost enhancement projects completed in the prior fiscal biennium.
(2)(a) During the 2019-2021 fiscal biennium, the department shall continue 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: (i) Auto transportation company vehicles regulated under chapter 81.68 RCW; (ii) 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; (iii) private nonprofit transportation provider vehicles regulated under chapter 81.66 RCW; and (iv) 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. 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.
(b) The department shall expand the high occupancy vehicle lane access pilot program to vehicles that deliver or collect blood, tissue, or blood components for a blood-collecting or distributing establishment regulated under chapter 70.335 RCW. Under the pilot program, when the department reserves a portion of a highway based on the number of passengers in a vehicle, blood-collecting or distributing establishment vehicles that are clearly and identifiably marked as such on all sides of the vehicle are considered emergency vehicles and must be authorized to use the reserved portion of the highway.
(c) The department shall expand the high occupancy vehicle lane access pilot program to private, for hire vehicles regulated under chapter 81.72 RCW that have been specially manufactured, designed, or modified for the transportation of a person who has a mobility disability and uses a wheelchair or other assistive device. Under the pilot program, when the department reserves a portion of a highway based on the number of passengers in a vehicle, wheelchair-accessible taxicabs that are clearly and identifiably marked as such on all sides of the vehicle are considered public transportation vehicles and must be authorized to use the reserved portion of the highway.
(d) Nothing in this subsection (2) is intended to exempt these vehicles from paying tolls when they do not meet the occupancy requirements established by the department for high occupancy toll lanes.
(3) When regional transit authority construction activities are visible from a state highway, the department shall allow the regional transit authority to place safe and appropriate signage informing the public of the purpose of the construction activity.
(4) The department must make signage for low-height bridges a high priority.
NEW SECTION.  Sec. 217. FOR THE DEPARTMENT OF TRANSPORTATIONTRANSPORTATION MANAGEMENT AND SUPPORTPROGRAM S
Motor Vehicle AccountState Appropriation
. . . .
$38,782,000
Motor Vehicle AccountFederal Appropriation
. . . .
$1,380,000
Motor Vehicle AccountPrivate/Local Appropriation
. . . .
$500,000
Multimodal Transportation AccountState
Appropriation
. . . .
$1,129,000
TOTAL APPROPRIATION
. . . .
$41,791,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $2,000,000 of the motor vehicle accountstate appropriation is provided solely for a grant program that makes awards for the following: (a) Support for nonprofit agencies, churches, and other entities to help provide outreach to populations underrepresented in the current apprenticeship programs; (b) preapprenticeship training; and (c) child care, transportation, and other supports that are needed to help women, veterans, and minorities enter and succeed in apprenticeship. The department must report on grants that have been awarded and the amount of funds disbursed by December 1st each year. If moneys are provided in the omnibus operating appropriations act for a career connected learning grant program, defined in chapter . . . (Substitute House Bill No. 1336), Laws of 2019, or otherwise, the amount provided in this subsection lapses.
(2) $150,000 of the motor vehicle accountstate appropriation is provided solely for a user-centered and mobile-compatible web site redesign using estimated web site ad revenues.
(3) From the revenues generated by the five dollar per studded tire fee under RCW 46.37.427, $250,000 of the motor vehicle accountstate appropriation is provided solely for the department, in consultation with the appropriate local jurisdictions and relevant stakeholder groups, to establish a pilot media-based public information campaign regarding the damage of studded tire use on state and local roadways in Whatcom county, and to continue the existing pilot information campaign in Spokane county. The reason for the geographic selection of Spokane and Whatcom counties is based on the high utilization of studded tires in these jurisdictions. The public information campaigns must primarily focus on making the consumer aware of the safety implications for other drivers, road deterioration, financial impact for taxpayers, and, secondarily, the alternatives to studded tires. The Whatcom county pilot media-based public information campaign must begin by September 1, 2020. By January 14, 2021, the department must provide the transportation committees of the legislature an update on the Spokane and Whatcom county pilot media-based public information campaigns.
(4) $138,000 of the motor vehicle accountstate appropriation is provided solely for the implementation of chapter . . . (Second Substitute Senate Bill No. 5489), Laws of 2019 (concerning environmental health disparities). If chapter . . . (Second Substitute Senate Bill No. 5489), Laws of 2019 is not enacted by June 30, 2019, the amount provided in this subsection lapses.
NEW SECTION.  Sec. 218. FOR THE DEPARTMENT OF TRANSPORTATION—TRANSPORTATION PLANNING, DATA, AND RESEARCH—PROGRAM T
High Occupancy Toll Lanes Operations
AccountState Appropriation
. . . .
$3,000,000
Motor Vehicle AccountState Appropriation
. . . .
$29,403,000
Motor Vehicle AccountFederal Appropriation
. . . .
$29,485,000
Motor Vehicle AccountPrivate/Local Appropriation
. . . .
$800,000
Multimodal Transportation AccountState Appropriation
. . . .
$710,000
Multimodal Transportation AccountFederal
Appropriation
. . . .
$2,809,000
Multimodal Transportation AccountPrivate/Local
Appropriation
. . . .
$100,000
TOTAL APPROPRIATION
. . . .
$66,307,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $130,000 of the motor vehicle accountstate appropriation is provided solely for completion of a corridor study to identify potential improvements between exit 116 and exit 99 of Interstate 5. The study should further develop mid- and long-term strategies from the corridor sketch, and identify potential US 101/I-5 interchange improvements, a strategic plan for the Nisqually River bridges, regional congestion relief options, and ecosystem benefits to the Nisqually River estuary for salmon productivity and flood control.
(2) The study on state route number 518 referenced in section 218(5), chapter 297, Laws of 2018 must be submitted to the transportation committees of the legislature by November 30, 2019.
(3) $100,000 of the motor vehicle accountstate appropriation is provided solely to complete the Tacoma mall direct access feasibility study.
(4) $4,600,000 of the motor vehicle accountfederal appropriation is provided solely to complete the road usage charge pilot project overseen by the transportation commission using the remaining unspent amount of the federal grant award. The purpose of the road usage charge pilot project is to explore the viability of a road usage charge as a possible replacement for the gas tax.
(5) $3,000,000 of the high occupancy toll lanes operations account—state appropriation is provided solely for updating the state route number 167 master plan. If neither chapter . . . (Engrossed Substitute Senate Bill No. 5825), Laws of 2019 (addressing tolling) nor chapter . . . (House Bill No. 2132), Laws of 2019 (addressing tolling) is enacted by June 30, 2019, the amount provided in this subsection lapses.
NEW SECTION.  Sec. 219. FOR THE DEPARTMENT OF TRANSPORTATION—CHARGES FROM OTHER AGENCIES—PROGRAM U
Motor Vehicle AccountState Appropriation
. . . .
$71,996,000
Multimodal Transportation AccountState
Appropriation
. . . .
$2,491,000
TOTAL APPROPRIATION
. . . .
$74,487,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Prior to entering into any negotiated settlement of a claim against the state for the department that exceeds five million dollars, the department, in conjunction with the attorney general and the department of enterprise services, shall notify the director of the office of financial management and the transportation committees of the legislature.
(2) Beginning October 1, 2019, and quarterly thereafter, the department, in conjunction with the attorney general and the department of enterprise services, shall provide a report with judgments and settlements dealing with the Washington state ferry system to the director of the office of financial management and the transportation committees of the legislature. The report must include information on: (a) The number of claims and settlements by type; (b) the average claim and settlement by type; (c) defense costs associated with those claims and settlements; and (d) information on the impacts of moving legal costs associated with the Washington state ferry system into the statewide self-insurance pool.
(3) Beginning October 1, 2019, and quarterly thereafter, the department, in conjunction with the attorney general and the department of enterprise services, shall provide a report with judgments and settlements dealing with the nonferry operations of the department to the director of the office of financial management and the transportation committees of the legislature. The report must include information on: (a) The number of claims and settlements by type; (b) the average claim and settlement by type; and (c) defense costs associated with those claims and settlements.
NEW SECTION.  Sec. 220. FOR THE DEPARTMENT OF TRANSPORTATION—PUBLIC TRANSPORTATION—PROGRAM V
State Vehicle Parking AccountState Appropriation
. . . .
$784,000
Regional Mobility Grant Program AccountState
Appropriation
. . . .
$96,630,000
Rural Mobility Grant Program AccountState
Appropriation
. . . .
$32,223,000
Multimodal Transportation AccountState
Appropriation
. . . .
$128,554,000
Multimodal Transportation AccountFederal
Appropriation
. . . .
$3,574,000
Multimodal Transportation AccountLocal
Appropriation
. . . .
$100,000
TOTAL APPROPRIATION
. . . .
$261,865,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $62,679,000 of the multimodal transportation accountstate appropriation is provided solely for a grant program for special needs transportation provided by transit agencies and nonprofit providers of transportation. If chapter . . . (Engrossed Second Substitute House Bill No. 2042), Laws of 2019 (advancing green transportation adoption) is not enacted by June 30, 2019, $10,000,000 of the amount in this subsection lapses. Of this amount:
(a) $14,278,000 of the multimodal transportation accountstate appropriation 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. If chapter . . . (Engrossed Second Substitute House Bill No. 2042), Laws of 2019 (advancing green transportation adoption) is not enacted by June 30, 2019, $2,278,000 of the amount in this subsection lapses. Fuel type may not be a factor in the grant selection process.
(b) $48,401,000 of the multimodal transportation accountstate appropriation is provided solely for grants to transit agencies to transport persons with special transportation needs. To receive a grant, the transit agency must, to the greatest extent practicable, 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 2017 as reported in the "Summary of Public Transportation - 2017" published by the department of transportation. No transit agency may receive more than thirty percent of these distributions. If chapter . . . (Engrossed Second Substitute House Bill No. 2042), Laws of 2019 (advancing green transportation adoption) is not enacted by June 30, 2019, $7,722,000 of the amount in this subsection lapses. Fuel type may not be a factor in the grant selection process.
(2) $32,223,000 of the rural mobility grant program accountstate appropriation is provided solely for grants to aid small cities in rural areas as prescribed in RCW 47.66.100. Fuel type may not be a factor in the grant selection process.
(3)(a) $10,290,000 of the multimodal transportation accountstate appropriation is provided solely for a vanpool grant program for: (i) Public transit agencies to add vanpools or replace vans; and (ii) 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. Fuel type may not be a factor in the grant selection process.
(b) At least $1,600,000 of the amount provided in this subsection must be used for vanpool grants in congested corridors.
(4) $18,951,000 of the regional mobility grant program accountstate appropriation is reappropriated and provided solely for the regional mobility grant projects identified in LEAP Transportation Document 2019-2 ALL PROJECTS as developed April 27, 2019, Program - Public Transportation Program (V).
(5)(a) $77,679,000 of the regional mobility grant program accountstate appropriation is provided solely for the regional mobility grant projects identified in LEAP Transportation Document 2019-2 ALL PROJECTS as developed April 27, 2019, Program - Public Transportation Program (V). 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 the LEAP transportation document referenced in this subsection. The department shall provide annual status reports on December 15, 2019, and December 15, 2020, 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. A grantee may not receive more than twenty-five percent of the amount appropriated in this subsection. Additionally, when allocating funding for the 2021-2023 biennium, no more than thirty percent of the total grant program may directly benefit or support one grantee. The department shall not approve any increases or changes to the scope of a project for the purpose of a grantee expending remaining funds on an awarded grant. Fuel type may not be a factor in the grant selection process.
(b) In order to be eligible to receive a grant under (a) of this subsection during the 2019-2021 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) Funds provided for the commute trip reduction (CTR) program may also be used for the growth and transportation efficiency center program.
(7) $7,670,000 of the multimodal transportation accountstate appropriation and $784,000 of the state vehicle parking accountstate appropriation are provided solely for CTR grants and activities. Fuel type may not be a factor in the grant selection process. Of this amount:
(a) $1,000,000 of the multimodal transportation accountstate appropriation is provided solely for the department to continue a pilot transit pass incentive program. Businesses and nonprofit organizations located in a county adjacent to Puget Sound with a population of more than seven hundred thousand that have never offered transit subsidies to employees are eligible to apply to the program for a fifty percent rebate on the cost of employee transit subsidies provided through the regional ORCA fare collection system. No single business or nonprofit organization may receive more than ten thousand dollars from the program.
(i) Businesses and nonprofit organizations may apply and be awarded funds prior to purchasing a transit subsidy, but the department may not provide reimbursement until proof of purchase or a contract has been provided to the department.
(ii) The department shall update the transportation committees of the legislature on the impact of the program by January 31, 2020, and may adopt rules to administer the program.
(b) $30,000 of the state vehicle parking account—state appropriation is provided solely for the STAR pass program for state employees residing in Mason and Grays Harbor Counties. Use of the pass is for public transportation between Mason County and Thurston County, and Grays Harbor and Thurston County. The pass may also be used within Grays Harbor County. The STAR pass commute trip reduction program is open to any state employee who expresses intent to commute to his or her assigned state worksite using a public transit system currently participating in the STAR pass program.
(c) $1,000,000 of the multimodal transportation accountstate appropriation is provided solely for a first mile/last mile connections grant program. Eligible grant recipients include cities, businesses, nonprofits, and transportation network companies with first mile/last mile solution proposals. Transit agencies are not eligible. The commute trip reduction board shall develop grant parameters, evaluation criteria, and evaluate grant proposals. The commute trip reduction board shall provide the transportation committees of the legislature a report on the effectiveness of this grant program and best practices for continuing the program.
(8) Except as provided otherwise in this subsection, $28,048,000 of the multimodal transportation accountstate appropriation is provided solely for connecting Washington transit projects identified in LEAP Transportation Document 2019-2 ALL PROJECTS as developed April 27, 2019. It is the intent of the legislature that entities identified to receive funding in the LEAP document referenced in this subsection receive the amounts specified in the time frame specified in that LEAP document. If an entity has already completed a project in the LEAP document referenced in this subsection before the time frame identified, the entity may substitute another transit project or projects that cost a similar or lesser amount.
(9) $2,000,000 of the multimodal transportation accountstate appropriation is provided solely for transit coordination grants. Fuel type may not be a factor in the grant selection process.
(10) The department shall not require more than a ten percent match from nonprofit transportation providers for state grants.
(11)(a) For projects funded as part of the 2015 connecting Washington transportation package listed on the LEAP transportation document identified in subsection (4) of this section, if the department expects to have substantial reappropriations for the 2021-2023 fiscal biennium, the department may, on a pilot basis, apply funding from a project with an appropriation that cannot be used for the current fiscal biennium to advance one or more of the following projects:
(i) King County Metro - RapidRide Expansion, Burien-Delridge (G2000031);
(ii) King County Metro - Route 40 Northgate to Downtown (G2000032);
(iii) Mason Transit Park & Ride Development (G2000042); or
(iv) Pierce Transit - SR 7 Express Service (G2000046).
(b) At least ten business days before advancing a project pursuant to this subsection, the department must notify the office of financial management and the transportation committees of the legislature. The advancement of a project may not hinder the delivery of the projects for which the reappropriations are necessary for the 2021-2023 fiscal biennium.
(c) To the extent practicable, the department shall use the flexibility and authority granted in this section to minimize the amount of reappropriations needed each biennium.
(12) $750,000 of the multimodal transportation accountstate appropriation is provided solely for Intercity Transit for the Dash shuttle program.
(13)(a) $485,000 of the multimodal transportation accountstate appropriation is provided solely for King county for:
(i) An expanded pilot program to provide certain students in the Highline, Tukwila, and Lake Washington school districts with an ORCA card during these school districts' summer vacations. In order to be eligible for an ORCA card under this program, a student must also be in high school, be eligible for free and reduced-price lunches, and have a job or other responsibility during the summer; and
(ii) Providing administrative support to other interested school districts in King county to prepare for implementing similar programs for their students.
(b) King county must provide a report to the department and the transportation committees of the legislature by December 15, 2021, regarding:
(i) The annual student usage of the pilot program;
(ii) Available ridership data;
(iii) A cost estimate, including a detailed description of the various expenses leading to the cost estimate, and any other factors relevant to expanding the program to other King county school districts;
(iv) A cost estimate, including a detailed description of the various expenses leading to the cost estimate, and any other factors relevant to expanding the program to student populations other than high school or eligible for free and reduced-price lunches;
(v) Opportunities for subsidized ORCA cards or local grant or matching funds; and
(vi) Any additional information that would help determine if the pilot program should be extended or expanded.
(14) $12,000,000 of the multimodal transportation accountstate appropriation is provided solely for the green transportation capital grant program established in chapter . . . (Engrossed Second Substitute House Bill No. 2042), Laws of 2019 (advancing green transportation adoption). If chapter . . . (Engrossed Second Substitute House Bill No. 2042), Laws of 2019 is not enacted by June 30, 2019, the amount provided in this subsection lapses.
(15) $555,000 of the multimodal transportation accountstate appropriation is provided solely for an interagency transfer to the Washington State University extension energy program to establish and administer a technical assistance and education program for public agencies on the use of alternative fuel vehicles. If chapter . . . (Engrossed Second Substitute House Bill No. 2042), Laws of 2019 (advancing green transportation adoption) is not enacted by June 30, 2019, $375,000 of the amount provided in this subsection lapses.
*Sec. 220 is partially vetoed. See message at end of chapter.
NEW SECTION.  Sec. 221. FOR THE DEPARTMENT OF TRANSPORTATION—MARINEPROGRAM X
Motor Vehicle AccountState Appropriation
. . . .
$250,000
Puget Sound Ferry Operations AccountState
Appropriation
. . . .
$540,746,000
Puget Sound Ferry Operations AccountFederal
Appropriation
. . . .
$7,932,000
Puget Sound Ferry Operations AccountPrivate/Local
Appropriation
. . . .
$121,000
TOTAL APPROPRIATION
. . . .
$549,049,000
The appropriations in this section are 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 2019-2021 supplemental and 2021-2023 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) For the 2019-2021 fiscal biennium, the department may enter into a distributor controlled fuel hedging program and other methods of hedging approved by the fuel hedging committee, which must include a representative of the department of enterprise services.
(3) $76,261,000 of the Puget Sound ferry operations accountstate appropriation is provided solely for auto ferry vessel operating fuel in the 2019-2021 fiscal biennium, which reflect cost savings from a reduced biodiesel fuel requirement and, therefore, is contingent upon the enactment of section 703 of this act. The amount provided in this subsection represents the fuel budget for the purposes of calculating any ferry fare fuel surcharge. The department shall review future use of alternative fuels and dual fuel configurations, including hydrogen.
(4) $650,000 of the Puget sound ferry operations accountstate appropriation is provided solely for increased staffing at Washington ferry terminals to meet increased workload and customer expectations. Within the amount provided in this subsection, the department shall contract with uniformed officers for additional traffic control assistance at the Kingston ferry terminal during peak ferry travel times, with a particular focus on Sundays and holiday weekends. Traffic control methods should include, but not be limited to, holding traffic on the shoulder at Lindvog Road until space opens for cars at the tollbooths and dock, and management of traffic on Highway 104 in order to ensure Kingston residents and business owners have access to businesses, roads, and driveways.
(5) $254,000 of the Puget Sound ferry operations accountstate appropriation is provided solely for a dedicated inventory logistics manager on a one-time basis.
(6) $500,000 of the Puget Sound ferry operations accountstate appropriation is provided solely for operating costs related to moving vessels for emergency capital repairs. Funds may only be spent after approval by the office of financial management.
(7) By January 1, 2020, the ferries division must submit a workforce plan for reducing overtime due to shortages of staff available to fill vacant crew positions. The plan must include numbers of crew positions being filled by staff working overtime, strategies for filling these positions with straight time employees, progress toward implementing those strategies, and a forecast for when overtime expenditures will return to historical averages.
(8) $160,000 of the Puget Sound ferry operations accountstate appropriation is provided solely for a ferry fleet baseline noise study, conducted by a consultant, for the purpose of establishing plans and data-driven goals to reduce ferry noise when Southern resident orca whales are present. In addition, the study must establish prioritized strategies to address vessels serving routes with the greatest exposure to orca whale movements.
(9)(a) $250,000 of the motor vehicle accountstate appropriation is provided solely for the department, in consultation with the Washington state transportation center, to develop a plan for service on the triangle route with a goal of providing maximum sailings moving the most passengers to all stops in the least travel time, including waits between sailings, within budget and resource constraints.
(b) The Washington state transportation center must use new traffic management models and scheduling tools to examine proposed improvements for the triangle route. The department shall report to the standing transportation committees of the legislature by January 15, 2021. The report must include:
(i) Implementation and status of data collection, modeling, scheduling, capital investments, and procedural improvements to allow Washington state ferries to schedule more sailings to and from all stops on the triangle route with minimum time between sailings;
(ii) Recommendations for emergency boat allocations, regular schedule policies, and emergency schedule policies based on all customers alternative travel options to ensure that any dock with no road access is prioritized in scheduling and scheduled service is provided based on population size, demographics, and local medical services;
(iii) Triangle route pilot economic analysis of Washington state ferries fare revenue and fuel cost impact of offering additional, better spaced sailings;
(iv) Results of an economic analysis of the return on investment of potentially acquiring and using traffic control infrastructure, technology, walk on loading bridges, and Good-to-Go and ORCA replacement of current fare sales, validation, collections, accounting, and all associated labor and benefits costs that can be saved via those capital investments; and
(v) Recommendation on policies, procedures, or agency interpretations of statute that may be adopted to mitigate any delays or disruptions to scheduled sailings.
(c) If at least $50,000,000 is not made available, by means of transfer, deposit, appropriation, or other similar conveyance, to the motor vehicle account for stormwater-related activities through the enactment of chapter . . . (Engrossed Substitute Senate Bill No. 5993), Laws of 2019 (model toxics control program reform) by June 30, 2019, the amount provided in this subsection (9) lapses.
NEW SECTION.  Sec. 222. FOR THE DEPARTMENT OF TRANSPORTATIONRAILPROGRAM YOPERATING
Multimodal Transportation AccountState
Appropriation
. . . .
$75,576,000
Multimodal Transportation AccountPrivate/Local
Appropriation
. . . .
$717,000
Multimodal Transportation AccountFederal
Appropriation
. . . .
$500,000
TOTAL APPROPRIATION
. . . .
$76,793,000
The appropriations in this section are subject to the following conditions and limitations:
(1)(a)(i) $224,000 of the multimodal transportation account—state appropriation and $671,000 of the multimodal transportation account—private/local appropriation are provided solely for continued analysis of the ultra high-speed ground transportation corridor in a new study, with participation from Washington, Oregon, and British Columbia. No funds may be expended until the department is in receipt of $671,000 in private/local funding provided solely for this purpose.
(ii) The ultra high-speed ground transportation corridor advisory group must include legislative membership.
(iii) "Ultra high-speed" means a maximum testing speed of at least two hundred fifty miles per hour.
(b) The study must consist of the following:
(i) Development of proposed corridor governance, general powers, operating structure, legal instruments, and contracting requirements;
(ii) An assessment of current laws in state and provincial jurisdictions and identification of any proposed changes to laws, regulations, and/or agreements that are needed to proceed with development; and
(iii) Development of general recommendations for the authorization needed to advance the development of the corridor. This study must build on the results of the 2018 Washington state ultra high-speed ground transportation business case analysis and the 2019 Washington state ultra high-speed ground transportation study findings report. The department shall consult with the transportation committees of the legislature regarding all issues related to proposed corridor governance.
(c) The development work referenced in (b) of this subsection is intended to identify and make recommendations related to specific entities, including interjurisdictional entities, policies, and processes required for the purposes of furthering preliminary analysis efforts for the ultra high-speed ground transportation corridor. This development work is not intended to authorize one or more entities to assume decision making authority for the design, construction, or operation of an ultra high-speed rail corridor.
(d) By December 1, 2020, the department shall provide to the governor and the transportation committees of the legislature a report of the study's findings regarding the three elements noted in this subsection. As applicable, the report should also be sent to the executive and legislative branches of government in the state of Oregon and appropriate government bodies in the province of British Columbia.
(2) The department is directed to continue to pursue efforts to reduce costs, increase ridership, and review Amtrak Cascades fares and 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 due to higher ridership, reduced level of service, and fare or fare schedule adjustments, must be used to offset corresponding amounts of the multimodal transportation accountstate appropriation, which must be placed in reserve.
NEW SECTION.  Sec. 223. FOR THE DEPARTMENT OF TRANSPORTATIONLOCAL PROGRAMSPROGRAM ZOPERATING
Motor Vehicle AccountState Appropriation
. . . .
$12,190,000
Motor Vehicle AccountFederal Appropriation
. . . .
$2,567,000
Multiuse Roadway Safety AccountState Appropriation
. . . .
$132,000
Multimodal Transportation AccountState
Appropriation
. . . .
$350,000
TOTAL APPROPRIATION
. . . .
$15,239,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $350,000 of the multimodal transportation accountstate appropriation is provided solely for a study by the Puget Sound regional council of new passenger ferry service to better connect communities throughout the twelve county Puget Sound region. The study must assess potential new routes, identify future terminal locations, and provide recommendations to accelerate the electrification of the ferry fleet. The study must identify future passenger only demand throughout Western Washington, analyze potential routes and terminal locations on Puget Sound, Lake Washington, and Lake Union with an emphasis on preserving waterfront opportunities in public ownership and opportunities for partnership. The study must determine whether and when the passenger ferry service achieves a net reduction in carbon emissions including an analysis of the emissions of modes that passengers would otherwise have used. The study must estimate capital and operating costs for routes and terminals. The study must include early and continuous outreach with all interested stakeholders and a report to the legislature and all interested parties by January 31, 2021.
(2) $1,142,000 of the motor vehicle accountstate appropriation is provided solely for the department, from amounts set aside out of statewide fuel taxes distributed to counties according to RCW 46.68.120(3), to contract with the Washington state association of counties to:
(a) In coordination with stakeholders, identify county-owned fish passage barriers, with priority given to barriers that share the same stream system as state-owned fish passage barriers. The study must identify, map, and provide a preliminary assessment of county-owned barriers that need correction, and provide, where possible, preliminary costs estimates for each barrier correction. The study must provide recommendations on:
(i) How to prioritize county-owned barriers within the same stream system of state-owned barriers in the current six-year construction plan to maximize state investment; and
(ii) How future state six-year construction plans should incorporate county-owned barriers;
(b) Update the local agency guidelines manual, including exploring alternatives within the local agency guidelines manual on county priorities;
(c) Study the current state of county transportation funding, identify emerging issues, and identify potential future alternative transportation fuel funding sources to meet current and future needs.
TRANSPORTATION AGENCIESCAPITAL
NEW SECTION.  Sec. 301. FOR THE FREIGHT MOBILITY STRATEGIC INVESTMENT BOARD
Freight Mobility Investment AccountState
Appropriation
. . . .
$18,094,000
Freight Mobility Multimodal AccountState
Appropriation
. . . .
$21,220,000
Motor Vehicle AccountFederal Appropriation
. . . .
$2,250,000
Freight Mobility Multimodal AccountPrivate/Local
Appropriation
. . . .
$1,320,000
TOTAL APPROPRIATION
. . . .
$42,884,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Except as otherwise provided in this section, the entire appropriations in this section are provided solely for the projects by amount, as listed in the LEAP Transportation Document 2019-3 as developed April 27, 2019, FMSIB Project List.
(2) Until directed by the legislature, the board may not initiate a new call for projects. By January 1, 2020, the board must report to the legislature on alternative proposals to revise its project award and obligation process, which result in lower reappropriations.
NEW SECTION.  Sec. 302. FOR THE WASHINGTON STATE PATROL
State Patrol Highway AccountState Appropriation
. . . .
$3,277,000
The appropriation in this section is subject to the following conditions and limitations:
The entire appropriation in this section is provided solely for the following projects:
(1) $250,000 for emergency repairs;
(2) $468,000 for roof replacements;
(3) $350,000 for fuel tank decommissioning;
(4) $759,000 for generator and electrical replacement;
(5) $750,000 for water and fire suppression systems; and
(6) $700,000 for academy training tank preservation reappropriation.
The Washington state patrol may transfer funds between projects specified in this section to address cash flow requirements. If a project specified in this section is completed for less than the amount provided, the remainder may be transferred to another project specified in this section not to exceed the total appropriation provided in this section.
NEW SECTION.  Sec. 303. FOR THE COUNTY ROAD ADMINISTRATION BOARD
Rural Arterial Trust AccountState Appropriation
. . . .
$65,996,000
Motor Vehicle AccountState Appropriation
. . . .
$1,456,000
County Arterial Preservation AccountState
Appropriation
. . . .
$39,590,000
TOTAL APPROPRIATION
. . . .
$107,042,000
NEW SECTION.  Sec. 304. FOR THE TRANSPORTATION IMPROVEMENT BOARD
Small City Pavement and Sidewalk AccountState
Appropriation
. . . .
$5,890,000
Transportation Improvement AccountState
Appropriation
. . . .
$228,510,000
Complete Streets Grant Program AccountState
Appropriation
. . . .
$14,670,000
TOTAL APPROPRIATION
. . . .
$249,070,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $9,315,000 of the transportation improvement accountstate appropriation is provided solely for the Relight Washington Program.
(2)(a) The transportation improvement board shall allot the remaining appropriations in the following amounts breaking out funding into previously authorized projects and newly authorized projects:
(i) $159,285,000 of the transportation improvement account—state appropriation for the Urban Arterial Program;
(ii) $30,810,000 of the transportation improvement account—state appropriation for the Small City Arterial Program;
(iii) $15,840,000 of the transportation improvement account—state appropriation for the Sidewalk Program;
(iv) $13,260,000 of the transportation improvement account—state appropriation for the Arterial Preservation Program;
(v) $3,800,000 of the small city pavement and sidewalk account—state appropriation for the Small City Preservation Program;
(vi) $2,090,000 of the small city pavement and sidewalk account—state appropriation for the City Hardship Assistance Program; and
(vii) $14,670,000 of the complete streets grant program account—state appropriation for the Complete Streets Program.
(b) After initially allotting based on these amounts, the transportation improvement board may only deviate from the allotment plan, based on guidance from the office of financial management, and after notifying the transportation committee of the legislature of the specific allotment change with information on the rationale for the change.
*Sec. 304 is partially vetoed. See message at end of chapter.
NEW SECTION.  Sec. 305. FOR THE DEPARTMENT OF TRANSPORTATIONFACILITIESPROGRAM D(DEPARTMENT OF TRANSPORTATION-ONLY PROJECTS)CAPITAL
Motor Vehicle AccountState Appropriation
. . . .
$50,990,000
Connecting Washington AccountState Appropriation
. . . .
$42,497,000
TOTAL APPROPRIATION
. . . .
$93,487,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $42,497,000 of the connecting Washington accountstate appropriation is provided solely for a new Olympic region maintenance and administration facility to be located on the department-owned site at the intersection of Marvin Road and 32nd Avenue in Lacey, Washington.
(2)(a) $43,100,000 of the motor vehicle accountstate appropriation is provided solely for the department facility located at 15700 Dayton Ave N in Shoreline. This appropriation is contingent upon the department of ecology signing a not less than twenty-year agreement to pay a share of any financing contract issued pursuant to chapter 39.94 RCW.
(b) Payments from the department of ecology as described in this subsection shall be deposited into the motor vehicle account.
(c) Total project costs are not to exceed $46,500,000.
(3) $1,565,000 from the motor vehicle accountstate appropriation is provided solely for furniture for the renovated Northwest Region Headquarters at Dayton Avenue. The department must efficiently furnish the renovated building. The amount provided in this subsection is the maximum the department may spend on furniture for this facility.
NEW SECTION.  Sec. 306. FOR THE DEPARTMENT OF TRANSPORTATIONIMPROVEMENTSPROGRAM I
High Occupancy Toll Lanes Operations
AccountState Appropriation
. . . .
$7,000,000
Transportation Partnership AccountState
Appropriation
. . . .
$325,275,000
Motor Vehicle AccountState Appropriation
. . . .
$92,504,000
Motor Vehicle AccountFederal Appropriation
. . . .
$154,337,000
Motor Vehicle AccountPrivate/Local Appropriation
. . . .
$26,839,000
Connecting Washington AccountState
Appropriation
. . . .
$2,137,381,000
Special Category C AccountState Appropriation
. . . .
$81,000,000
Multimodal Transportation AccountState
Appropriation
. . . .
$5,408,000
Alaskan Way Viaduct Replacement Project AccountState
Appropriation
. . . .
$77,956,000
Transportation 2003 Account (Nickel Account)State
Appropriation
. . . .
$21,819,000
Interstate 405 Express Toll Lanes Operations AccountState
Appropriation
. . . .
$48,036,000
TOTAL APPROPRIATION
. . . .
$2,977,555,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Except as provided otherwise in this section, the entire connecting Washington accountstate appropriation and the entire transportation partnership accountstate appropriation are provided solely for the projects and activities as listed by fund, project, and amount in LEAP Transportation Document 2019-1 as developed April 27, 2019, Program - Highway Improvements 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 601 of this act.
(2) Except as provided otherwise in this section, the entire motor vehicle accountstate appropriation and motor vehicle accountfederal appropriation are provided solely for the projects and activities listed in LEAP Transportation Document 2019-2 ALL PROJECTS as developed April 27, 2019, Program - Highway Improvements Program (I). Any federal funds gained through efficiencies, adjustments to the federal funds forecast, additional congressional action not related to a specific project or purpose, or the federal funds redistribution process must then be applied to highway and bridge preservation activities or fish passage barrier corrections (0BI4001).
(3) Within the motor vehicle accountstate appropriation and motor vehicle accountfederal appropriation, the department may transfer funds between programs I and P, except for funds that are otherwise restricted in this act. Ten days prior to any transfer, the department must submit its request to the office of financial management and the transportation committees of the legislature and consider any concerns raised. The department shall submit a report on fiscal year funds transferred in the prior fiscal year using this subsection as part of the department's annual budget submittal.
(4) The connecting Washington account—state appropriation includes up to $1,519,899,000 in proceeds from the sale of bonds authorized in RCW 47.10.889.
(5) The special category C accountstate appropriation includes up to $75,274,000 in proceeds from the sale of bonds authorized in RCW 47.10.861.
(6) The transportation partnership accountstate appropriation includes up to $150,232,000 in proceeds from the sale of bonds authorized in RCW 47.10.812.
(7) The Alaskan Way viaduct replacement project accountstate appropriation includes up to $77,956,000 in proceeds from the sale of bonds authorized in RCW 47.10.873.
(8) The multimodal transportation accountstate appropriation includes up to $5,408,000 in proceeds from the sale of bonds authorized in RCW 47.10.867.
(9) $90,464,000 of the transportation partnership accountstate appropriation, $7,006,000 of the motor vehicle accountprivate/local appropriation, $3,383,000 of the transportation 2003 account (nickel account)state appropriation, $77,956,000 of the Alaskan Way viaduct replacement project accountstate appropriation, and $1,838,000 of the multimodal transportation accountstate appropriation are provided solely for the SR 99/Alaskan Way Viaduct Replacement project (809936Z).
(10) $3,000,000 of the multimodal transportation accountstate appropriation is provided solely for transit mitigation for the SR 99/Viaduct Project - Construction Mitigation project (809940B).
(11) $164,000,000 of the connecting Washington accountstate appropriation is provided solely for the US 395 North Spokane Corridor project (M00800R).
(12)(a) $22,195,000 of the transportation partnership account—state appropriation, $12,805,000 of the transportation 2003 account (nickel account)state appropriation, and $48,000,000 of the Interstate 405 express toll lanes operations accountstate appropriation are provided solely for the I-405/SR 522 to I-5 Capacity Improvements project (L2000234) for activities related to adding capacity on Interstate 405 between state route number 522 and Interstate 5, with the goals of increasing vehicle throughput and aligning project completion with the implementation of bus rapid transit in the vicinity of the project. The transportation partnership accountstate appropriation and transportation 2003 account (nickel account)state appropriation are a transfer or a reappropriation of a transfer from the I-405/Kirkland Vicinity Stage 2 - Widening project (8BI1002) due to savings and will fund right-of-way and construction for an additional phase of this I-405 project.
(b) If sufficient bonding authority to complete this project is not provided within chapter . . . (Engrossed Substitute Senate Bill No. 5825), Laws of 2019 (addressing tolling) or chapter . . . (House Bill No. 2132), Laws of 2019 (addressing tolling), or within a bond authorization act referencing chapter . . . (Engrossed Substitute Senate Bill No. 5825), Laws of 2019 or chapter . . . (House Bill No. 2132), Laws of 2019, by June 30, 2019, $21,000,000 of the Interstate 405 express toll lanes operations accountstate appropriation provided in this subsection lapses, and it is the intent of the legislature to reduce the Interstate 405 express toll lanes operations accountstate appropriation in the 2021-2023 biennium to $5,000,000, and in the 2023-2025 biennium to $0 on the list referenced in subsection (2) of this section.
(13)(a) $395,822,000 of the connecting Washington accountstate appropriation, $60,000 of the motor vehicle accountstate appropriation, and $342,000 of the motor vehicle accountprivate/local appropriation are provided solely for the SR 520 Seattle Corridor Improvements - West End project (M00400R).
(b) Recognizing that the department of transportation requires full possession of parcel number 1-23190 to complete the Montlake Phase of the West End project, the department is directed to:
(i) Work with the operator of the Montlake boulevard market located on parcel number 1-23190 to negotiate a lease allowing continued operations up to January 1, 2020. After that time, the department shall identify an area in the vicinity of the Montlake property for a temporary market or other food service to be provided during the period of project construction. Should the current operator elect not to participate in providing that temporary service, the department shall then develop an outreach plan with the city to solicit community input on the food services provided, and then advertise the opportunity to other potential vendors. Further, the department shall work with the city of Seattle and existing permit processes to facilitate vendor access to and use of the area in the vicinity of the Montlake property.
(ii) Upon completion of the Montlake Phase of the West End project (current anticipated contract completion of 2023), WSDOT shall sell that portion of the property not used for permanent transportation improvements and initiate a process to convey that surplus property to a subsequent owner.
(c) $60,000 of the motor vehicle accountstate appropriation is provided solely for grants to nonprofit organizations located in a city with a population exceeding six hundred thousand persons and that empower artists through equitable access to vital expertise, opportunities, and business services. Funds may be used only for the purpose of preserving, commemorating, and sharing the history of the city of Seattle's freeway protests and making the history of activism around the promotion of more integrated transportation and land use planning accessible to current and future generations through the preservation of Bent 2 of the R. H. Thompson freeway ramp.
(14) It is the intent of the legislature that for the I-5 JBLM Corridor Improvements project (M00100R), the department shall actively pursue $50,000,000 in federal funds to pay for this project to supplant state funds in the future. $50,000,000 in connecting Washington account funding must be held in unallotted status during the 2021-2023 fiscal biennium. These funds may only be used after the department has provided notice to the office of financial management that it has exhausted all efforts to secure federal funds from the federal highway administration and the department of defense.
(15) $265,100,000 of the connecting Washington accountstate appropriation is provided solely for the SR 167/SR 509 Puget Sound Gateway project (M00600R).
(a) Any savings on the project must stay on the Puget Sound Gateway corridor until the project is complete.
(b) Proceeds from the sale of any surplus real property acquired for the purpose of building the SR 167/SR 509 Puget Sound Gateway (M00600R) project must be deposited into the motor vehicle account for the purpose of constructing the project.
(c) In making budget allocations to the Puget Sound Gateway project, the department shall implement the project's construction as a single corridor investment. The department shall develop a coordinated corridor construction and implementation plan for state route number 167 and state route number 509 in collaboration with affected stakeholders. Specific funding allocations must be based on where and when specific project segments are ready for construction to move forward and investments can be best optimized for timely project completion. Emphasis must be placed on avoiding gaps in fund expenditures for either project.
(d) It is the legislature's intent that the department shall construct a full single-point urban interchange at the junction of state route number 161 (Meridian avenue) and state route number 167 and a full single-point urban interchange at the junction of state route number 509 and 188th Street. If the department receives additional funds from an outside source for this project after the base project is fully funded, the funds must first be applied toward the completion of these two full single-point urban interchanges.
(e) In designing the state route number 509/state route number 516 interchange component of the SR 167/SR 509 Puget Sound Gateway project (M00600R), the department shall make every effort to utilize the preferred "4B" design.
(f) The department shall explore the development of a multiuse trail for bicyclists, pedestrians, skateboarders, and similar users along the SR 167 right-of-way acquired for the project to connect a network of new and existing trails from Mount Rainier to Point Defiance Park.
(g) If sufficient bonding authority to complete this project is not provided within chapter . . . (Engrossed Substitute Senate Bill No. 5825), Laws of 2019 (addressing tolling) or chapter . . . (House Bill No. 2132), Laws of 2019 (addressing tolling), or within a bond authorization act referencing chapter . . . (Engrossed Substitute Senate Bill No. 5825), Laws of 2019 or chapter . . . (House Bill No. 2132), Laws of 2019, by June 30, 2019, it is the intent of the legislature to return the Puget Sound Gateway project (M00600R) to its previously identified construction schedule by moving $128,900,000 in connecting Washington accountstate appropriation back to the 2027-2029 biennium from the 2023-2025 biennium on the list referenced in subsection (2) of this section. If sufficient bonding authority is provided, it is the intent of the legislature to advance the project to allow for earlier completion and inflationary savings.
(16) It is the intent of the legislature that, for the I-5/North Lewis County Interchange project (L2000204), the department develop and design the project with the objective of significantly improving access to the industrially zoned properties in north Lewis county. The design must consider the county's process of investigating alternatives to improve such access from Interstate 5 that began in March 2015.
(17) The department shall support Pierce county's New Rhodes Lake Road project including state route 162 and 128th Street East intersection improvements following the preferred and recommended alternative of Pierce county's SEIS issued May 3, 2018. The department shall fully support, review, and approve improvements and right-of-way plans in a timely manner.
(18) $950,000 of the transportation partnership accountstate appropriation is provided solely for the U.S. 2 Trestle IJR project (L1000158).
(19) The department shall itemize all future requests for the construction of buildings on a project list and submit them through the transportation executive information system as part of the department's annual budget submittal. It is the intent of the legislature that new facility construction must be transparent and not appropriated within larger highway construction projects.
(20) Any advisory group that the department convenes during the 2019-2021 fiscal biennium must consider the interests of the entire state of Washington.
(21) The legislature finds that there are sixteen companies involved in wood preserving in the state that employ four hundred workers and have an annual payroll of fifteen million dollars. Before the department's switch to steel guardrails, ninety percent of the twenty-five hundred mile guardrail system was constructed of preserved wood and one hundred ten thousand wood guardrail posts were produced annually for state use. Moreover, the policy of using steel posts requires the state to use imported steel. Given these findings, where practicable, and until June 30, 2021, the department shall include the design option to use wood guardrail posts, in addition to steel posts, in new guardrail installations. The selection of posts must be consistent with the agency design manual policy that existed before December 2009.
(22)(a) For projects funded as part of the 2015 connecting Washington transportation package listed on the LEAP transportation document identified in subsection (1) of this section, if the department expects to have substantial reappropriations for the 2021-2023 fiscal biennium, the department may, on a pilot basis, apply funding from a project in this section with an appropriation that cannot be used for the current fiscal biennium to advance one or more of the following projects:
(i) I-82 Yakima - Union Gap Economic Development Improvements (T21100R);
(ii) I-5 Federal Way - Triangle Vicinity Improvements (T20400R); or
(iii) SR 522/Paradise Lk Rd Interchange & Widening on SR 522 (Design/Engineering) (NPARADI).
(b) At least ten business days before advancing a project pursuant to this subsection, the department must notify the office of financial management and the transportation committees of the legislature. The advancement of a project may not hinder the delivery of the projects for which the reappropriations are necessary for the 2021-2023 fiscal biennium.
(c) For connecting Washington projects that have already begun and are eligible for the authority granted in section 601 of this act, the department shall prioritize advancing the following projects if expected reappropriations become available:
(i) SR 14/I-205 to SE 164th Ave - Auxiliary Lanes (L2000102);
(ii) SR 305 Construction - Safety Improvements (N30500R);
(iii) SR 14/Bingen Underpass (L2220062);
(iv) I-405/NE 132nd Interchange - Totem Lake (L1000110);
(v) US Hwy 2 Safety (N00200R);
(vi) US-12/Walla Walla Corridor Improvements (T20900R);
(vii) I-5 JBLM Corridor Improvements (M00100R);
(viii) I-5/Slater Road Interchange - Improvements (L1000099);
(ix) SR 510/Yelm Loop Phase 2 (T32700R); or
(x) SR 520/124th St Interchange (Design and Right of Way) (L1000098).
(d) To the extent practicable, the department shall use the flexibility and authority granted in this section and in section 601 of this act to minimize the amount of reappropriations needed each biennium.
(23) The legislature continues to prioritize the replacement of the state's aging infrastructure and recognizes the importance of reusing and recycling construction aggregate and recycled concrete materials in our transportation system. To accomplish Washington state's sustainability goals in transportation and in accordance with RCW 70.95.805, the legislature reaffirms its determination that recycled concrete aggregate and other transportation building materials are natural resource construction materials that are too valuable to be wasted and landfilled, and are a commodity as defined in WAC 173-350-100.
Further, the legislature determines construction aggregate and recycled concrete materials substantially meet widely recognized international, national, and local standards and specifications referenced in American society for testing and materials, American concrete institute, Washington state department of transportation, Seattle department of transportation, American public works association, federal aviation administration, and federal highway administration specifications, and are described as necessary and desirable products for recycling and reuse by state and federal agencies.
As these recyclable materials have well established markets, are substantially a primary or secondary product of necessary construction processes and production, and are managed as an item of commercial value, construction aggregate and recycled concrete materials are exempt from chapter 173-350 WAC.
(24)(a) $17,500,000 of the motor vehicle accountstate appropriation is provided solely for staffing of a project office to replace the Interstate 5 bridge across the Columbia river (G2000088). If at least a $9,000,000 transfer is not authorized in section 406(29) of this act, then $9,000,000 of the motor vehicle account—state appropriation lapses.
(b) Of the amount provided in this subsection, $7,780,000 of the motor vehicle accountstate appropriation must be placed in unallotted status by the office of financial management until the department develops a detailed plan for the work of this project office in consultation with the chairs and ranking members of the transportation committees of the legislature. The director of the office of financial management shall consult with the chairs and ranking members of the transportation committees of the legislature prior to making a decision to allot these funds.
(c) The work of this project office includes, but is not limited to, the reevaluation of the purpose and need identified for the project previously known as the Columbia river crossing, the reevaluation of permits and development of a finance plan, the reengagement of key stakeholders and the public, and the reevaluation of scope, schedule, and budget for a reinvigorated bistate effort for replacement of the Interstate 5 Columbia river bridge. When reevaluating the finance plan for the project, the department shall assume that some costs of the new facility may be covered by tolls. The project office must also study the possible different governance structures for a bridge authority that would provide for the joint administration of the bridges over the Columbia river between Oregon and Washington. As part of this study, the project office must examine the feasibility and necessity of an interstate compact in conjunction with the national center for interstate compacts.
(d) Within the amount provided in this subsection, the department must implement chapter . . . (Engrossed Substitute House Bill No. 1994), Laws of 2019 (projects of statewide significance).
(e) The department shall have as a goal to:
(i) Reengage project stakeholders and reevaluate the purpose and need and environmental permits by July 1, 2020;
(ii) Develop a finance plan by December 1, 2020; and
(iii) Have made significant progress toward beginning the supplemental environmental impact statement process by June 30, 2021. The department shall aim to provide a progress report on these activities to the governor and the transportation committees of the legislature by December 1, 2019, and a final report to the governor and the transportation committees of the legislature by December 1, 2020.
(25) $17,500,000 of the motor vehicle accountstate appropriation is provided solely to begin the pre-design phase on the I-5/Columbia River Bridge project (G2000088); however, if at least $50,000,000 is not made available, by means of transfer, deposit, appropriation, or other similar conveyance, to the motor vehicle account for stormwater-related activities through the enactment of chapter . . . (Engrossed Substitute Senate Bill No. 5993), Laws of 2019 (model toxics control program reform) by June 30, 2019, the amount provided in this subsection lapses.
(26)(a) $36,500,000 of the connecting Washington accountstate appropriation, $44,961,000 of the motor vehicle accountfederal appropriation, and $18,539,000 of the transportation partnership accountstate appropriation are provided solely for the Fish Passage Barrier project (0BI4001) with the intent of fully complying with the court injunction by 2030.
(b) Of the amounts provided in this subsection, $320,000 of the connecting Washington accountstate appropriation is provided solely to remove the fish passage barrier on state route number 6 that interfaces with Boistfort Valley water utilities near milepost 46.6.
(c) The department shall coordinate with the Brian Abbott fish passage barrier removal board to use a watershed approach to maximize habitat gain by replacing both state and local culverts. The department shall deliver high habitat value fish passage barrier corrections that it has identified, guided by the following factors: Opportunity to bundle projects, ability to leverage investments by others, presence of other barriers, project readiness, other transportation projects in the area, and transportation impacts.
(d) The department must keep track of, for each barrier removed: (i) The location; (ii) the amount of fish habitat gain; and (iii) the amount spent to comply with the injunction.
(27) $14,750,000 of the connecting Washington accountstate appropriation and $6,000,000 of the motor vehicle accountprivate/local appropriation are provided solely for the I-90/Barker to Harvard – Improve Interchanges & Local Roads project (L2000122). The connecting Washington account appropriation for the improvements that fall within the city of Liberty Lake may only be expended if the city of Liberty Lake agrees to cover any project costs above the $20,900,000 of state appropriation provided for the total project in LEAP Transportation Document 2019-1 as developed April 27, 2019, Program – Highway Improvements (I).
(28)(a) $7,060,000 of the motor vehicle accountfederal appropriation, $72,000 of the motor vehicle accountstate appropriation, $3,580,000 of the transportation partnership accountstate appropriation, and $7,000,000 of the high occupancy toll lanes operations accountstate appropriation are provided solely for the SR 167/SR 410 to SR 18 - Congestion Management project (316706C).
(b) If sufficient bonding authority to complete this project is not provided within chapter . . . (Engrossed Substitute Senate Bill No. 5825), Laws of 2019 (addressing tolling) or chapter . . . (House Bill No. 2132), Laws of 2019 (addressing tolling), or within a bond authorization act referencing chapter . . . (Engrossed Substitute Senate Bill No. 5825), Laws of 2019 or chapter . . . (House Bill No. 2132), Laws of 2019, by June 30, 2019, it is the intent of the legislature to remove the $100,000,000 in toll funding from this project on the list referenced in subsection (2) of this section.
(29) For the I-405/North 8th Street Direct Access Ramp in Renton project (L1000280), if sufficient bonding authority to begin this project is not provided within chapter . . . (Engrossed Substitute Senate Bill No. 5825), Laws of 2019 (addressing tolling) or chapter . . . (House Bill No. 2132), Laws of 2019 (addressing tolling), or within a bond authorization act referencing chapter . . . (Engrossed Substitute Senate Bill No. 5825), Laws of 2019 or chapter . . . (House Bill No. 2132), Laws of 2019, by June 30, 2019, it is the intent of the legislature to remove the project from the list referenced in subsection (2) of this section.
(30) $7,900,000 of the Special Category C accountstate appropriation and $1,000,000 of the motor vehicle accountprivate/local appropriation are provided solely for the SR 18 Widening - Issaquah/Hobart Rd to Raging River project (L1000199) for improving and widening state route number 18 to four lanes from Issaquah-Hobart Road to Raging River.
(31) $2,250,000 of the motor vehicle accountstate appropriation is provided solely for the I-5 Corridor from Mounts Road to Tumwater project (L1000231) for completing a National and State Environmental Policy Act (NEPA/SEPA) analysis to identify mid- and long-term environmental impacts associated with future improvements along the I-5 corridor from Tumwater to DuPont.
(32) $1,290,000 of the motor vehicle accountstate appropriation is provided solely for the US 101/East Sequim Corridor Improvements project (L2000343); however, if at least $50,000,000 is not made available, by means of transfer, deposit, appropriation, or other similar conveyance, to the motor vehicle account for stormwater-related activities through the enactment of chapter . . . (Engrossed Substitute Senate Bill No. 5993), Laws of 2019 (model toxics control program reform) by June 30, 2019, the amount provided in this subsection lapses.
(33) $12,800,000 of the motor vehicle accountstate appropriation is provided solely for the SR 522/Paradise Lk Rd Interchange & Widening on SR 522 (Design/Engineering) project (NPARADI); however, if at least $50,000,000 is not made available, by means of transfer, deposit, appropriation, or other similar conveyance, to the motor vehicle account for stormwater-related activities through the enactment of chapter . . . (Engrossed Substitute Senate Bill No. 5993), Laws of 2019 (model toxics control program reform) by June 30, 2019, the amount provided in this subsection lapses.
(34) $1,000,000 of the motor vehicle accountstate appropriation is provided solely for the US 101/Morse Creek Safety Barrier project (L1000247); however, if at least $50,000,000 is not made available, by means of transfer, deposit, appropriation, or other similar conveyance, to the motor vehicle account for stormwater-related activities through the enactment of chapter . . . (Engrossed Substitute Senate Bill No. 5993), Laws of 2019 (model toxics control program reform) by June 30, 2019, the amount provided in this subsection lapses.
(35) $1,000,000 of the motor vehicle accountstate appropriation is provided solely for the SR 162/410 Interchange Design and Right of Way project (L1000276); however, if at least $50,000,000 is not made available, by means of transfer, deposit, appropriation, or other similar conveyance, to the motor vehicle account for stormwater-related activities through the enactment of chapter . . . (Engrossed Substitute Senate Bill No. 5993), Laws of 2019 (model toxics control program reform) by June 30, 2019, the amount provided in this subsection lapses.
(36) $1,000,000 of the motor vehicle accountstate appropriation is provided solely for the I-5/Rush Road Interchange Improvements project (L1000223); however, if at least $50,000,000 is not made available, by means of transfer, deposit, appropriation, or other similar conveyance, to the motor vehicle account for stormwater-related activities through the enactment of chapter . . . (Engrossed Substitute Senate Bill No. 5993), Laws of 2019 (model toxics control program reform) by June 30, 2019, the amount provided in this subsection lapses.
*Sec. 306 is partially vetoed. See message at end of chapter.
NEW SECTION.  Sec. 307. FOR THE DEPARTMENT OF TRANSPORTATIONPRESERVATIONPROGRAM P
Recreational Vehicle AccountState Appropriation
. . . .
$1,744,000
Transportation Partnership AccountState
Appropriation
. . . .
$23,706,000
Motor Vehicle AccountState Appropriation
. . . .
$74,885,000
Motor Vehicle AccountFederal Appropriation
. . . .
$454,758,000
Motor Vehicle AccountPrivate/Local Appropriation
. . . .
$5,159,000
State Route Number 520 Corridor AccountState
Appropriation
. . . .
$544,000
Connecting Washington AccountState Appropriation
. . . .
$189,771,000
Tacoma Narrows Toll Bridge AccountState Appropriation
. . . .
$7,906,000
Alaskan Way Viaduct Replacement Project AccountState
Appropriation
. . . .
$10,000
Transportation 2003 Account (Nickel Account)State
Appropriation
. . . .
$9,617,000
TOTAL APPROPRIATION
. . . .
$768,100,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Except as provided otherwise in this section, the entire connecting Washington accountstate appropriation and the entire transportation partnership accountstate appropriation are provided solely for the projects and activities as listed by fund, project, and amount in LEAP Transportation Document 2019-1 as developed April 27, 2019, 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 601 of this act.
(2) Except as provided otherwise in this section, the entire motor vehicle accountstate appropriation and motor vehicle accountfederal appropriation are provided solely for the projects and activities listed in LEAP Transportation Document 2019-2 ALL PROJECTS as developed April 27, 2019, Program - Highway Preservation Program (P). Any federal funds gained through efficiencies, adjustments to the federal funds forecast, additional congressional action not related to a specific project or purpose, or the federal funds redistribution process must then be applied to highway and bridge preservation activities or fish passage barrier corrections (0BI4001).
(3) Within the motor vehicle accountstate appropriation and motor vehicle accountfederal appropriation, the department may transfer funds between programs I and P, except for funds that are otherwise restricted in this act. Ten days prior to any transfer, the department must submit its request to the office of financial management and the transportation committees of the legislature and consider any concerns raised. The department shall submit a report on fiscal year funds transferred in the prior fiscal year using this subsection as part of the department's annual budget submittal.
(4) $25,036,000 of the connecting Washington accountstate appropriation is provided solely for the land mobile radio upgrade (G2000055) and is subject to the conditions, limitations, and review provided in section 701 of this act. The land mobile radio project is subject to technical oversight by the office of the chief information officer. The department, in collaboration with the office of the chief information officer, shall identify where existing or proposed mobile radio technology investments should be consolidated, identify when existing or proposed mobile radio technology investments can be reused or leveraged to meet multiagency needs, increase mobile radio interoperability between agencies, and identify how redundant investments can be reduced over time. The department shall also provide quarterly reports to the technology services board on project progress.
(5) $2,500,000 of the motor vehicle accountstate appropriation is provided solely for extraordinary costs incurred from litigation awards, settlements, or dispute mitigation activities not eligible for funding from the self-insurance fund. The amount provided in this subsection must be held in unallotted status until the department submits a request to the office of financial management that includes documentation detailing litigation-related expenses. The office of financial management may release the funds only when it determines that all other funds designated for litigation awards, settlements, and dispute mitigation activities have been exhausted. No funds provided in this subsection may be expended on any legal fees related to the SR 99/Alaskan Way viaduct replacement project (809936Z).
(6) The appropriation in this section includes funding for starting planning, engineering, and construction of the Elwha River bridge replacement. To the greatest extent practicable, the department shall maintain public access on the existing route.
(7) $22,729,000 of the motor vehicle accountfederal appropriation and $553,000 of the motor vehicle accountstate appropriation are provided solely for the preservation of structurally deficient bridges or bridges that are at risk of becoming structurally deficient (L1000068). These funds must be used widely around the state of Washington. When practicable, the department shall pursue design-build contracts for these bridge projects to expedite delivery. The department shall provide a report that identifies the progress of each project funded in this subsection as part of its annual agency budget request.
(8) The department must consult with the Washington state patrol and the office of financial management during the design phase of any improvement or preservation project that could impact Washington state patrol weigh station operations. During the design phase of any such project, the department must estimate the cost of designing around the affected weigh station's current operations, as well as the cost of moving the affected weigh station.
(9) During the course of any planned resurfacing or other preservation activity on state route number 26 between Colfax and Othello in the 2019-2021 fiscal biennium, the department must add dug-in reflectors.
(10)(a) For projects funded as part of the 2015 connecting Washington transportation package listed on the LEAP transportation document identified in subsection (1) of this section, if the department expects to have substantial reappropriations for the 2021-2023 fiscal biennium, the department may, on a pilot basis, apply funding from a project in this section with an appropriation that cannot be used for the current fiscal biennium to advance the SR 4/Abernathy Creek Br - Replace Bridge project (400411A).
(b) At least ten business days before advancing the project pursuant to this subsection, the department must notify the office of financial management and the transportation committees of the legislature. The advancement of the project may not hinder the delivery of the projects for which the reappropriations are necessary for the 2021-2023 fiscal biennium.
(c) To the extent practicable, the department shall use the flexibility and authority granted in this section and in section 601 of this act to minimize the amount of reappropriations needed each biennium.
(11) Within the connecting Washington accountstate appropriation, the department may transfer funds from Highway System Preservation (L1100071) to other preservation projects listed in the LEAP transportation document identified in subsection (1) of this section, if it is determined necessary for completion of these high priority preservation projects. The department's next budget submittal after using this subsection must appropriately reflect the transfer.
NEW SECTION.  Sec. 308. FOR THE DEPARTMENT OF TRANSPORTATIONTRAFFIC OPERATIONS—PROGRAM QCAPITAL
Motor Vehicle AccountState Appropriation
. . . .
$7,311,000
Motor Vehicle AccountFederal Appropriation
. . . .
$5,331,000
Motor Vehicle AccountPrivate/Local Appropriation
. . . .
$500,000
TOTAL APPROPRIATION
. . . .
$13,142,000
The appropriations in this section are subject to the following conditions and limitations: $700,000 of the motor vehicle accountstate appropriation is provided solely for the SR 99 Aurora Bridge ITS project (L2000338); however, if at least $50,000,000 is not made available, by means of transfer, deposit, appropriation, or other similar conveyance, to the motor vehicle account for stormwater-related activities through the enactment of chapter . . . (Engrossed Substitute Senate Bill No. 5993), Laws of 2019 (model toxics control program reform) by June 30, 2019, the amount provided in this subsection lapses.
NEW SECTION.  Sec. 309. FOR THE DEPARTMENT OF TRANSPORTATION—WASHINGTON STATE FERRIES CONSTRUCTIONPROGRAM W
Puget Sound Capital Construction AccountState
Appropriation
. . . .
$111,076,000
Puget Sound Capital Construction AccountFederal
Appropriation
. . . .
$141,750,000
Puget Sound Capital Construction AccountPrivate/Local
Appropriation
. . . .
$350,000
Transportation Partnership AccountState
Appropriation
. . . .
$4,936,000
Connecting Washington AccountState Appropriation
. . . .
$92,766,000
Capital Vessel Replacement AccountState
Appropriation
. . . .
$99,000,000
TOTAL APPROPRIATION
. . . .
$449,878,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Except as provided otherwise in this section, the entire appropriations in this section are provided solely for the projects and activities as listed in LEAP Transportation Document 2019-2 ALL PROJECTS as developed April 27, 2019, Program - Washington State Ferries Capital Program (W).
(2) $1,461,000 of the Puget Sound capital construction accountstate appropriation, $59,650,000 of the connecting Washington accountstate appropriation, are provided solely for the Mukilteo ferry terminal (952515P). To the extent practicable, the department shall avoid the closure of, or disruption to, any existing public access walkways in the vicinity of the terminal project during construction.
(3) $73,089,000 of the Puget Sound capital construction accountfederal appropriation, $33,089,000 of the connecting Washington accountstate appropriation, and $8,778,000 of the Puget Sound capital construction accountstate appropriation are provided solely for the Seattle Terminal Replacement project (900010L).
(4) $5,000,000 of the Puget Sound capital construction accountstate appropriation is provided solely for emergency capital repair costs (999910K). Funds may only be spent after approval by the office of financial management.
(5) $2,300,000 of the Puget Sound capital construction accountstate appropriation is provided solely for the ORCA acceptance project (L2000300). The ferry system shall work with Washington technology solutions and the tolling division on the development of a new, interoperable ticketing system.
(6) $495,000 of the Puget Sound capital construction accountstate appropriation is provided solely for an electric ferry planning team (G2000087) to develop ten-year and twenty-year implementation plans to efficiently deploy hybrid-electric vessels, including a cost-benefit analysis of construction and operation of hybrid-electric vessels with and without charging infrastructure. The plan includes, but is not limited to, vessel technology and feasibility, vessel and terminal deployment schedules, project financing, and workforce requirements. The plan shall be submitted to the office of financial management and the transportation committees of the legislature by June 30, 2020.
(7) $35,000,000 of the Puget Sound capital construction accountstate appropriation and $6,500,000 of the Puget Sound capital construction accountfederal appropriation are provided solely for the conversion of up to two Jumbo Mark II vessels to electric hybrid propulsion (G2000084). The department shall seek additional funds for the purposes of this subsection. The department may spend from the Puget Sound capital construction accountstate appropriation in this section only as much as the department receives in Volkswagen settlement funds for the purposes of this subsection.
(8) $400,000 of the Puget Sound capital construction accountstate appropriation is provided solely for a request for proposals for a new maintenance management system (project L2000301) and is subject to the conditions, limitations, and review provided in section 701 of this act.
(9) $99,000,000 of the capital vessel replacement accountstate appropriation is provided solely for the acquisition of a 144-car hybrid-electric vessel. The vendor must present to the joint transportation committee and the office of financial management, by September 15, 2019, 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. It is the intent of the legislature to provide an additional $88,000,000 in funding in the 2021-23 biennium. Unless (a) chapter . . . (Engrossed Substitute House Bill No. 2161), Laws of 2019 (capital surcharge) or chapter . . . (Substitute Senate Bill No. 5992), Laws of 2019 (capital surcharge) is enacted by June 30, 2019, and (b) chapter . . . (Engrossed House Bill No. 1789), Laws of 2019 (service fees) or chapter . . . (Substitute Senate Bill No. 5419), Laws of 2019 (service fees) is enacted by June 30, 2019, the amount provided in this subsection lapses.
(10) The capital vessel replacement accountstate appropriation includes up to $99,000,000 in proceeds from the sale of bonds authorized in RCW 47.10.873.
NEW SECTION.  Sec. 310. FOR THE DEPARTMENT OF TRANSPORTATIONRAILPROGRAM YCAPITAL
Motor Vehicle AccountState Appropriation
. . . .
$1,750,000
Essential Rail Assistance AccountState Appropriation
. . . .
$500,000
Transportation Infrastructure AccountState
Appropriation
. . . .
$7,554,000
Multimodal Transportation AccountState
Appropriation
. . . .
$85,441,000
Multimodal Transportation AccountFederal
Appropriation
. . . .
$8,302,000
Multimodal Transportation AccountLocal
Appropriation
. . . .
$336,000
TOTAL APPROPRIATION
. . . .
$103,883,000
The appropriations in this section are subject to the following conditions and limitations:
(1) 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 2019-2 ALL PROJECTS as developed April 27, 2019, Program - Rail Program (Y).
(2) $7,136,000 of the transportation infrastructure account—state appropriation is provided solely for new low-interest loans approved by the department through the freight rail investment bank (FRIB) program. The department shall issue FRIB program loans with a repayment period of no more than ten years, and charge only so much interest as is necessary to recoup the department's costs to administer the loans. The department shall report annually to the transportation committees of the legislature and the office of financial management on all FRIB loans issued.
(3) $8,112,000 of the multimodal transportation accountstate appropriation, $51,000 of the transportation infrastructure accountstate appropriation, and $135,000 of the essential rail assistance accountstate appropriation are provided solely for new statewide emergent freight rail assistance projects identified in the LEAP transportation document referenced in subsection (1) of this section.
(4) $367,000 of the transportation infrastructure accountstate appropriation and $1,100,000 of the multimodal transportation accountstate appropriation are provided solely to reimburse Highline Grain, LLC for approved work completed on Palouse River and Coulee City (PCC) railroad track in Spokane county between the BNSF Railway Interchange at Cheney and Geiger Junction and must be administered in a manner consistent with freight rail assistance program projects. The value of the public benefit of this project is expected to meet or exceed the cost of this project in: Shipper savings on transportation costs; jobs saved in rail-dependent industries; and/or reduced future costs to repair wear and tear on state and local highways due to fewer annual truck trips (reduced vehicle miles traveled). The amounts provided in this subsection are not a commitment for future legislatures, but it is the legislature's intent that future legislatures will work to approve biennial appropriations until the full $7,337,000 cost of this project is reimbursed.
(5)(a) $365,000 of the essential rail assistance accountstate appropriation is provided solely for the purpose of the rehabilitation and maintenance of the Palouse river and Coulee City railroad line (F01111B).
(b) Expenditures from the essential rail assistance accountstate in this subsection may not exceed the combined total of:
(i) Revenues and transfers deposited into the essential rail assistance account from leases and sale of property relating to the Palouse river and Coulee City railroad;
(ii) Revenues from trackage rights agreement fees paid by shippers; and
(iii) Revenues and transfers transferred from the miscellaneous program account to the essential rail assistance account, pursuant to RCW 47.76.360, for the purpose of sustaining the grain train program by maintaining the Palouse river and Coulee City railroad.
(6) The department shall issue a call for projects for the freight rail assistance program, and shall evaluate the applications in a manner consistent with past practices as specified in section 309, chapter 367, Laws of 2011. By November 15, 2020, the department shall submit a prioritized list of recommended projects to the office of financial management and the transportation committees of the legislature.
(7) $10,000,000 of the multimodal transportation accountstate appropriation is provided solely as expenditure authority for any insurance proceeds received by the state for Passenger Rail Equipment Replacement (project 700010C.) The department must use this expenditure authority only to purchase new train sets that have been competitively procured.
(8) $600,000 of the multimodal transportation accountfederal appropriation and $6,000 of the multimodal transportation accountstate appropriation are provided solely for the Ridgefield Rail Overpass (project 725910A). Total costs for this project may not exceed $909,000 across fiscal biennia.
(9)(a) For projects funded as part of the 2015 connecting Washington transportation package listed on the LEAP transportation document identified in subsection (1) of this section, if the department expects to have substantial reappropriations for the 2021-2023 fiscal biennium, the department may, on a pilot basis, apply funding from a project in this section with an appropriation that cannot be used for the current fiscal biennium to advance the South Kelso Railroad Crossing project (L1000147).
(b) At least ten business days before advancing the project pursuant to this subsection, the department must notify the office of financial management and the transportation committees of the legislature. The advancement of the project may not hinder the delivery of the projects for which the reappropriations are necessary for the 2021-2023 fiscal biennium.
(c) To the extent practicable, the department shall use the flexibility and authority granted in this section to minimize the amount of reappropriations needed each biennium.
(10) The multimodal transportation accountstate appropriation includes up to $19,592,000 in proceeds from the sale of bonds authorized in RCW 47.10.867.
(11) The department must report to the joint transportation committee on the progress made on freight rail investment bank projects and freight rail assistance projects funded during this biennium by January 1, 2020.
(12) $1,500,000 of the multimodal transportation accountstate appropriation is provided solely for the Chelatchie Prairie railroad roadbed rehabilitation project (L1000233).
(13) $250,000 of the multimodal transportation accountstate appropriation is provided solely for the Port of Moses Lake Northern Columbia Basin railroad feasibility study (L1000235).
(14) $500,000 of the multimodal transportation accountstate appropriation is provided solely for the Spokane airport transload facility project (L1000242).
(15) $1,000,000 of the motor vehicle accountstate appropriation is provided solely for the grade separation at Bell road project (L1000239); however, if at least $50,000,000 is not made available, by means of transfer, deposit, appropriation, or other similar conveyance, to the motor vehicle account for stormwater-related activities through the enactment of chapter . . . (Engrossed Substitute Senate Bill No. 5993), Laws of 2019 (model toxics control program reform) by June 30, 2019, the amount provided in this subsection lapses.
(16) $750,000 of the motor vehicle accountstate appropriation is provided solely for the rail crossing improvements at 6th Ave. and South 19th St. project (L2000289); however, if at least $50,000,000 is not made available, by means of transfer, deposit, appropriation, or other similar conveyance, to the motor vehicle account for stormwater-related activities through the enactment of chapter . . . (Engrossed Substitute Senate Bill No. 5993), Laws of 2019 (model toxics control program reform) by June 30, 2019, the amount provided in this subsection lapses.
NEW SECTION.  Sec. 311. FOR THE DEPARTMENT OF TRANSPORTATIONLOCAL PROGRAMSPROGRAM ZCAPITAL
Highway Infrastructure AccountState Appropriation
. . . .
$793,000
Highway Infrastructure AccountFederal Appropriation
. . . .
$981,000
Transportation Partnership AccountState
Appropriation
. . . .
$750,000
Highway Safety AccountState Appropriation
. . . .
$800,000
Motor Vehicle AccountState Appropriation
. . . .
$30,878,000
Motor Vehicle AccountFederal Appropriation
. . . .
$33,813,000
Motor Vehicle AccountPrivate/Local Appropriation
. . . .
$21,500,000
Connecting Washington AccountState Appropriation
. . . .
$172,454,000
Multimodal Transportation AccountState
Appropriation
. . . .
$72,269,000
TOTAL APPROPRIATION
. . . .
$334,238,000
The appropriations in this section are subject to the following conditions and limitations:
(1) 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 2019-2 ALL PROJECTS as developed April 27, 2019, Program - Local Programs Program (Z).
(2) The amounts identified in the LEAP transportation document referenced under subsection (1) of this section for pedestrian safety/safe routes to school are as follows:
(a) $18,380,000 of the multimodal transportation accountstate appropriation is provided solely for newly selected pedestrian and bicycle safety program projects. $5,940,000 of the multimodal transportation accountstate appropriation and $750,000 of the transportation partnership accountstate appropriation are reappropriated for pedestrian and bicycle safety program projects selected in the previous biennia (L2000188).
(b) $11,400,000 of the motor vehicle accountfederal appropriation and $7,750,000 of the multimodal transportation accountstate appropriation are provided solely for newly selected safe routes to school projects. $6,690,000 of the motor vehicle accountfederal appropriation, $2,320,000 of the multimodal transportation accountstate appropriation, and $800,000 of the highway safety accountstate appropriation are reappropriated for safe routes to school projects selected in the previous biennia (L2000189). The department may consider the special situations facing high-need areas, as defined by schools or project areas in which the percentage of the children eligible to receive free and reduced-price meals under the national school lunch program is equal to, or greater than, the state average as determined by the department, when evaluating project proposals against established funding criteria while ensuring continued compliance with federal eligibility requirements.
(3) The department shall submit a report to the transportation committees of the legislature by December 1, 2019, and December 1, 2020, on the status of projects funded as part of the pedestrian safety/safe routes to school grant program. The report must include, but is not limited to, a list of projects selected and a brief description of each project's status.
(4) $28,319,000 of the multimodal transportation accountstate appropriation is provided solely for bicycle and pedestrian projects listed in the LEAP transportation document referenced in subsection (1) of this section.
(5) $19,160,000 of the connecting Washington accountstate appropriation is provided solely for the Covington Connector (L2000104). The amounts described in the LEAP transportation document referenced in subsection (1) of this section are not a commitment by future legislatures, but it is the legislature's intent that future legislatures will work to approve appropriations in the 2019-2021 fiscal biennium to reimburse the city of Covington for approved work completed on the project up to the full $24,000,000 cost of this project.
(6)(a) For projects funded as part of the 2015 connecting Washington transportation package listed on the LEAP transportation document identified in subsection (1) of this section, if the department expects to have substantial reappropriations for the 2021-2023 fiscal biennium, the department may, on a pilot basis, apply funding from a project in this section with an appropriation that cannot be used for the current fiscal biennium to advance one or more of the following projects:
(i) East-West Corridor Overpass and Bridge (L2000067);
(ii) 41st Street Rucker Avenue Freight Corridor Phase 2 (L2000134);
(iii) Mottman Rd Pedestrian & Street Improvements (L1000089);
(iv) I-5/Port of Tacoma Road Interchange (L1000087);
(v) Complete SR 522 Improvements-Kenmore (T10600R);
(vi) SR 99 Revitalization in Edmonds (NEDMOND); or
(vii) SR 523 145th Street (L1000148);
(b) At least ten business days before advancing a project pursuant to this subsection, the department must notify the office of financial management and the transportation committees of the legislature. The advancement of a project may not hinder the delivery of the projects for which the reappropriations are necessary for the 2021-2023 fiscal biennium.
(c) To the extent practicable, the department shall use the flexibility and authority granted in this section to minimize the amount of reappropriations needed each biennium.
(7) It is the expectation of the legislature that the department will be administering a local railroad crossing safety grant program for $7,000,000 in federal funds during the 2019-2021 fiscal biennium.
(8)(a) $15,213,000 of the motor vehicle accountfederal appropriation is provided solely for national highway freight network projects identified on the project list submitted in accordance with section 218(4)(b), chapter 14, Laws of 2016 on October 31, 2016.
(b) In advance of the expiration of the fixing America's surface transportation (FAST) act in 2020, the department must work with the Washington state freight advisory committee to agree on a framework for allocation of any new national highway freight funding that may be approved in a new federal surface transportation reauthorization act. The department and representatives of the advisory committee must report to the joint transportation committee by October 1, 2020, on the status of planning for allocating new funds for this program.
(9) $1,000,000 of the motor vehicle accountstate appropriation is provided solely for the Beech Street Extension project (L1000222); however, if at least $50,000,000 is not made available, by means of transfer, deposit, appropriation, or other similar conveyance, to the motor vehicle account for stormwater-related activities through the enactment of chapter . . . (Engrossed Substitute Senate Bill No. 5993), Laws of 2019 (model toxics control program reform) by June 30, 2019, the amount provided in this subsection lapses.
(10) $3,900,000 of the motor vehicle accountstate appropriation is provided solely for the Dupont-Steilacoom road improvements project (L1000224); however, if at least $50,000,000 is not made available, by means of transfer, deposit, appropriation, or other similar conveyance, to the motor vehicle account for stormwater-related activities through the enactment of chapter . . . (Engrossed Substitute Senate Bill No. 5993), Laws of 2019 (model toxics control program reform) by June 30, 2019, the amount provided in this subsection lapses.
(11) $650,000 of the motor vehicle accountstate appropriation is provided solely for the SR 104/40th place northeast roundabout project (L1000244); however, if at least $50,000,000 is not made available, by means of transfer, deposit, appropriation, or other similar conveyance, to the motor vehicle account for stormwater-related activities through the enactment of chapter . . . (Engrossed Substitute Senate Bill No. 5993), Laws of 2019 (model toxics control program reform) by June 30, 2019, the amount provided in this subsection lapses.
(12) $860,000 of the multimodal transportation accountstate appropriation is provided solely for the Clinton to Ken's corner trail project (L1000249).
(13) $210,000 of the motor vehicle accountstate appropriation is provided solely for the I-405/44th gateway signage and green-scaping improvements project (L1000250); however, if at least $50,000,000 is not made available, by means of transfer, deposit, appropriation, or other similar conveyance, to the motor vehicle account for stormwater-related activities through the enactment of chapter . . . (Engrossed Substitute Senate Bill No. 5993), Laws of 2019 (model toxics control program reform) by June 30, 2019, the amount provided in this subsection lapses.
(14) $750,000 of the multimodal transportation accountstate appropriation is provided solely for the Edmonds waterfront connector project (L1000252).
(15) $650,000 of the motor vehicle accountstate appropriation is provided solely for the Wallace Kneeland and Shelton springs road intersection improvements project (L1000260); however, if at least $50,000,000 is not made available, by means of transfer, deposit, appropriation, or other similar conveyance, to the motor vehicle account for stormwater-related activities through the enactment of chapter . . . (Engrossed Substitute Senate Bill No. 5993), Laws of 2019 (model toxics control program reform) by June 30, 2019, the amount provided in this subsection lapses.
(16) $1,000,000 of the motor vehicle accountstate appropriation and $500,000 of the multimodal transportation accountstate appropriation are provided solely for the complete 224th Phase two project (L1000270); however, if at least $50,000,000 is not made available, by means of transfer, deposit, appropriation, or other similar conveyance, to the motor vehicle account for stormwater-related activities through the enactment of chapter . . . (Engrossed Substitute Senate Bill No. 5993), Laws of 2019 (model toxics control program reform) by June 30, 2019, the amount in this subsection provided from the motor vehicle account—state appropriation lapses.
(17) $60,000 of the multimodal transportation accountstate appropriation is provided solely for the installation of an updated meteorological station at the Colville airport (L1000279).
(18)(a) $700,000 of the motor vehicle accountstate appropriation is provided solely for the Ballard-Interbay Regional Transportation system plan project (L1000281); however, if at least $50,000,000 is not made available, by means of transfer, deposit, appropriation, or other similar conveyance, to the motor vehicle account for stormwater-related activities through the enactment of chapter . . . (Engrossed Substitute Senate Bill No. 5993), Laws of 2019 (model toxics control program reform) by June 30, 2019, the amount provided in this subsection lapses.
(b) Funding in this subsection is provided solely for the city of Seattle to develop a plan and report for the Ballard-Interbay Regional Transportation System project to improve mobility for people and freight. The plan must be developed in coordination and partnership with entities including but not limited to the city of Seattle, King county, the Port of Seattle, Sound Transit, the Washington state military department for the Seattle armory, and the Washington state department of transportation. The plan must examine replacement of the Ballard bridge and the Magnolia bridge, which was damaged in the 2001 Nisqually earthquake. The city must provide a report on the plan that includes recommendations to the Seattle city council, King county council, and the transportation committees of the legislature by November 1, 2020. The report must include recommendations on how to maintain the current and future capacities of the Magnolia and Ballard bridges, an overview and analysis of all plans between 2010 and 2020 that examine how to replace the Magnolia bridge, and recommendations on a timeline for constructing new Magnolia and Ballard bridges.
(19) $750,000 of the motor vehicle accountstate appropriation is provided solely for the Mickelson Parkway project (L1000282); however, if at least $50,000,000 is not made available, by means of transfer, deposit, appropriation, or other similar conveyance, to the motor vehicle account for stormwater-related activities through the enactment of chapter . . . (Engrossed Substitute Senate Bill No. 5993), Laws of 2019 (model toxics control program reform) by June 30, 2019, the amount provided in this subsection lapses.
(20) $300,000 of the motor vehicle accountstate appropriation is provided solely for the South 314th Street Improvements project (L1000283); however, if at least $50,000,000 is not made available, by means of transfer, deposit, appropriation, or other similar conveyance, to the motor vehicle account for stormwater-related activities through the enactment of chapter . . . (Engrossed Substitute Senate Bill No. 5993), Laws of 2019 (model toxics control program reform) by June 30, 2019, the amount provided in this subsection lapses.
(21) $250,000 of the motor vehicle accountstate appropriation is provided solely for the Ridgefield South I-5 Access Planning project (L1000284); however, if at least $50,000,000 is not made available, by means of transfer, deposit, appropriation, or other similar conveyance, to the motor vehicle account for stormwater-related activities through the enactment of chapter . . . (Engrossed Substitute Senate Bill No. 5993), Laws of 2019 (model toxics control program reform) by June 30, 2019, the amount provided in this subsection lapses.
(22) $300,000 of the motor vehicle accountstate appropriation is provided solely for the Washougal 32nd Street Underpass Design and Permitting project (L1000285); however, if at least $50,000,000 is not made available, by means of transfer, deposit, appropriation, or other similar conveyance, to the motor vehicle account for stormwater-related activities through the enactment of chapter . . . (Engrossed Substitute Senate Bill No. 5993), Laws of 2019 (model toxics control program reform) by June 30, 2019, the amount provided in this subsection lapses.
(23) $150,000 of the motor vehicle accountstate appropriation and $50,000 of the multimodal transportation accountstate appropriation are provided solely for the Bingen Walnut Creek and Maple Railroad Crossing (L2000328); however, if at least $50,000,000 is not made available, by means of transfer, deposit, appropriation, or other similar conveyance, to the motor vehicle account for stormwater-related activities through the enactment of chapter . . . (Engrossed Substitute Senate Bill No. 5993), Laws of 2019 (model toxics control program reform) by June 30, 2019, the amount in this subsection provided from the motor vehicle accountstate appropriation lapses.
(24) $1,500,000 of the motor vehicle accountstate appropriation is provided solely for the SR 303 Warren Avenue Bridge Pedestrian Improvements project (L2000339); however, if at least $50,000,000 is not made available, by means of transfer, deposit, appropriation, or other similar conveyance, to the motor vehicle account for stormwater-related activities through the enactment of chapter . . . (Engrossed Substitute Senate Bill No. 5993), Laws of 2019 (model toxics control program reform) by June 30, 2019, the amount provided in this subsection lapses.
(25) $1,000,000 of the motor vehicle accountstate appropriation is provided solely for the 72nd/Washington Improvements in Yakima project (L2000341); however, if at least $50,000,000 is not made available, by means of transfer, deposit, appropriation, or other similar conveyance, to the motor vehicle account for stormwater-related activities through the enactment of chapter . . . (Engrossed Substitute Senate Bill No. 5993), Laws of 2019 (model toxics control program reform) by June 30, 2019, the amount provided in this subsection lapses.
(26) $650,000 of the motor vehicle accountstate appropriation is provided solely for the 48th/Washington Improvements in Yakima project (L2000342); however, if at least $50,000,000 is not made available, by means of transfer, deposit, appropriation, or other similar conveyance, to the motor vehicle account for stormwater-related activities through the enactment of chapter . . . (Engrossed Substitute Senate Bill No. 5993), Laws of 2019 (model toxics control program reform) by June 30, 2019, the amount provided in this subsection lapses.
NEW SECTION.  Sec. 312. ANNUAL REPORTING REQUIREMENTS FOR CAPITAL PROGRAM
(1) As part of its annual budget submittal, the department of transportation shall provide an update to the report provided to the legislature in the prior fiscal year that: (a) Compares the original project cost estimates approved in the 2003, 2005, and 2015 revenue package 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) identifies highway projects that may be reduced in scope and still achieve a functional benefit; (c) identifies highway projects that have experienced scope increases and that can be reduced in scope; (d) identifies highway projects that have lost significant local or regional contributions that were essential to completing the project; and (e) identifies contingency amounts allocated to projects.
(2) As part of its annual budget submittal, the department of transportation shall provide: (a) An annual report on the number of toll credits the department has accumulated and how the department has used the toll credits, and (b) a status report on the projects funded using federal national highway freight program funds.
NEW SECTION.  Sec. 313. QUARTERLY REPORTING REQUIREMENTS FOR CAPITAL PROGRAM
On a quarterly basis, the department of transportation shall provide to the office of financial management and the legislative transportation committees the following reports for all capital programs:
(1) For active projects, the report must include:
(a) A TEIS version containing actual capital expenditures for all projects consistent with the structure of the most recently enacted budget;
(b) Anticipated cost savings, cost increases, reappropriations, and schedule adjustments for all projects consistent with the structure of the most recently enacted budget;
(c) The award amount, the engineer's estimate, and the number of bidders for all active projects consistent with the structure of the most recently enacted budget;
(d) Projected costs and schedule for individual projects that are funded at a programmatic level for projects relating to bridge rail, guard rail, fish passage barrier removal, roadside safety projects, and seismic bridges. Projects within this programmatic level funding must be completed on a priority basis and scoped to be completed within the current programmatic budget;
(e) Highway projects that may be reduced in scope and still achieve a functional benefit;
(f) Highway projects that have experienced scope increases and that can be reduced in scope;
(g) Highway projects that have lost significant local or regional contributions that were essential to completing the project; and
(h) Contingency amounts for all projects consistent with the structure of the most recently enacted budget.
(2) For completed projects, the report must:
(a) Compare the costs and operationally complete date for projects with budgets of twenty million dollars or more that are funded with preexisting funds to the original project cost estimates and schedule; and
(b) Provide a list of nickel and TPA projects charging to the nickel/TPA environmental mitigation reserve (OBI4ENV) and the amount each project is charging.
(3) For prospective projects, the report must:
(a) Identify the estimated advertisement date for all projects consistent with the structure of the most recently enacted transportation budget that are going to advertisement during the current fiscal biennium;
(b) Identify the anticipated operationally complete date for all projects consistent with the structure of the most recently enacted transportation budget that are going to advertisement during the current fiscal biennium; and
(c) Identify the estimated cost of completion for all projects consistent with the structure of the most recently enacted transportation budget that are going to advertisement during the current fiscal biennium.
NEW SECTION.  Sec. 314. FEDERAL FUNDS RECEIVED FOR CAPITAL PROJECT EXPENDITURES
To the greatest extent practicable, the department of transportation shall expend federal funds received for capital project expenditures before state funds.
TRANSFERS AND DISTRIBUTIONS
NEW SECTION.  Sec. 401. FOR THE STATE TREASURERBOND 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
Special Category C AccountState Appropriation
. . . .
$376,000
Multimodal Transportation AccountState Appropriation
. . . .
$125,000
Transportation Partnership AccountState Appropriation
. . . .
$1,636,000
Connecting Washington AccountState Appropriation
. . . .
$7,599,000
Highway Bond Retirement AccountState
Appropriation
. . . .
$1,327,766,000
Ferry Bond Retirement AccountState Appropriation
. . . .
$25,077,000
Transportation Improvement Board Bond Retirement
AccountState Appropriation
. . . .
$12,684,000
Nondebt-Limit Reimbursable Bond Retirement
AccountState Appropriation
. . . .
$29,594,000
Toll Facility Bond Retirement AccountState
Appropriation
. . . .
$86,493,000
TOTAL APPROPRIATION
. . . .
$1,491,340,000
NEW SECTION.  Sec. 402. FOR THE STATE TREASURERBOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALE EXPENSES AND FISCAL AGENT CHARGES
Multimodal Transportation AccountState Appropriation
. . . .
$25,000
Transportation Partnership AccountState
Appropriation
. . . .
$327,000
Connecting Washington AccountState Appropriation
. . . .
$1,520,000
Special Category C AccountState Appropriation
. . . .
$75,000
TOTAL APPROPRIATION
. . . .
$1,947,000
NEW SECTION.  Sec. 403. FOR THE STATE TREASURERSTATE REVENUES FOR DISTRIBUTION
Motor Vehicle Account—State Appropriation:
For motor vehicle fuel tax distributions to
cities and counties
. . . .
$518,198,000
NEW SECTION.  Sec. 404. FOR THE STATE TREASURERTRANSFERS
Motor Vehicle Account—State Appropriation:
For motor vehicle fuel tax refunds and
statutory transfers
. . . .
$2,188,945,000
NEW SECTION.  Sec. 405. FOR THE DEPARTMENT OF LICENSINGTRANSFERS
Motor Vehicle Account—State Appropriation:
For motor vehicle fuel tax refunds and
transfers
. . . .
$220,426,000
NEW SECTION.  Sec. 406. FOR THE STATE TREASURERADMINISTRATIVE TRANSFERS
(1) Highway Safety AccountState Appropriation:
For transfer to the Multimodal Transportation
AccountState
. . . .
$10,000,000
(2) Transportation Partnership AccountState
Appropriation: For transfer to the Motor Vehicle
AccountState
. . . .
$50,000,000
(3) Motor Vehicle AccountState Appropriation:
For transfer to the State Patrol Highway
AccountState
. . . .
$7,000,000
(4) Motor Vehicle AccountState Appropriation:
For transfer to the Freight Mobility Investment
AccountState
. . . .
$8,511,000
(5) Motor Vehicle AccountState Appropriation:
For transfer to the Rural Arterial Trust
AccountState
. . . .
$4,844,000
(6) Motor Vehicle AccountState Appropriation:
For transfer to the Transportation Improvement
AccountState
. . . .
$9,688,000
(7) Highway Safety AccountState Appropriation:
For transfer to the State Patrol Highway
AccountState
. . . .
$44,000,000
(8) Rural Mobility Grant Program AccountState
Appropriation: For transfer to the Multimodal
Transportation AccountState
. . . .
$3,000,000
(9) State Route Number 520 Civil Penalties
AccountState Appropriation: For transfer to
the State Route Number 520 Corridor
AccountState
. . . .
$1,434,000
(10) Capital Vessel Replacement AccountState
Appropriation: For transfer to the Connecting
Washington AccountState
. . . .
$50,000,000
(11) Multimodal Transportation AccountState
Appropriation: For transfer to the Freight
Mobility Multimodal AccountState
. . . .
$8,511,000
(12) Multimodal Transportation AccountState
Appropriation: For transfer to the Puget Sound
Capital Construction AccountState
. . . .
$15,000,000
(13) Multimodal Transportation AccountState
Appropriation: For transfer to the Puget Sound
Ferry Operations AccountState
. . . .
$45,000,000
(14) Multimodal Transportation AccountState
Appropriation: For transfer to the Regional
Mobility Grant Program AccountState
. . . .
$27,679,000
(15) Multimodal Transportation AccountState
Appropriation: For transfer to the Rural
Mobility Grant Program AccountState
. . . .
$15,223,000
(16) Transportation 2003 Account (Nickel Account)
State Appropriation: For transfer to the Puget
Sound Capital Construction AccountState
. . . .
$20,000,000
(17)(a) Alaskan Way Viaduct Replacement Project
AccountState Appropriation: For transfer to the
Motor Vehicle AccountState
. . . .
$9,992,000
(b) The transfer identified in this subsection is provided solely to repay in full the motor vehicle accountstate appropriation loan from section 1005(21) of this act.
(18)(a) Transportation Partnership AccountState
Appropriation: For transfer to the Alaskan Way Viaduct
Replacement Project AccountState
. . . .
$77,951,000
(b) The amount transferred in this subsection represents that portion of the up to $200,000,000 in proceeds from the sale of bonds authorized in RCW 47.10.873, intended to be sold through the 2021-2023 fiscal biennium, used only for construction of the SR 99/Alaskan Way Viaduct Replacement project (809936Z), and that must be repaid from the Alaskan Way viaduct replacement project account consistent with RCW 47.56.864.
(19) Motor Vehicle AccountState Appropriation:
For transfer to the County Arterial Preservation
AccountState
. . . .
$4,844,000
(20)(a) General Fund AccountState Appropriation:
For transfer to the State Patrol Highway
AccountState
. . . .
$625,000
(b) The state treasurer shall transfer the funds only after receiving notification from the Washington state patrol under section 207(7) of this act.
(21) Capital Vessel Replacement AccountState
Appropriation: For transfer to the Transportation
Partnership AccountState
. . . .
$3,293,000
(22)(a) Alaskan Way Viaduct Replacement Project
AccountState Appropriation: For transfer to the
Transportation Partnership AccountState
. . . .
$19,262,000
(b) The amount transferred in this subsection represents repayment of debt service incurred for the construction of the SR 99/Alaskan Way Viaduct Replacement project (809936Z).
(23) Tacoma Narrows Toll Bridge AccountState
Appropriation: For transfer to the Motor
Vehicle AccountState
. . . .
$950,000
(24)(a) Tacoma Narrows Toll Bridge AccountState Appropriation:
For transfer to the Motor Vehicle
AccountState
. . . .
$5,000,000
(b) A transfer in the amount of $5,000,000 was made from the Motor Vehicle Account to the Tacoma Narrows Toll Bridge Account in April 2019. It is the intent of the legislature that this transfer was to be temporary, for the purpose of minimizing the impact of toll increases, and this is an equivalent reimbursing transfer to occur in November 2019.
(25)(a) Transportation 2003 Account (Nickel Account)
State Appropriation: For transfer to the Tacoma
Narrows Toll Bridge AccountState
. . . .
$12,543,000
(b) It is the intent of the legislature that this transfer is temporary, for the purpose of minimizing the impact of toll increases, and an equivalent reimbursing transfer is to occur after the debt service and deferred sales tax on the Tacoma Narrows bridge construction costs are fully repaid in accordance with chapter 195, Laws of 2018.
(26) Transportation Infrastructure AccountState
Appropriation: For transfer to the multimodal
Transportation AccountState. . . .$9,000,000
(27) Multimodal Transportation AccountState
Appropriation: For transfer to the Pilotage
AccountState
. . . .
$2,500,000
(28)(a) Motor Vehicle AccountState
Appropriation: For transfer to the County Road
Administration Board Emergency Loan AccountState
. . . .
$1,000,000
(b) If chapter . . . (Senate Bill No. 5923), Laws of 2019 is not enacted by June 30, 2019, the amount provided in this subsection lapses.
(29)(a) Advanced Environmental Mitigation
Revolving AccountState Appropriation: For transfer
to the Motor Vehicle AccountState
. . . .
$9,000,000
(b) The amount transferred in this subsection is contingent on at least a $9,000,000 transfer to the advanced environmental mitigation revolving account authorized by June 30, 2019, in the omnibus capital appropriations act.
(30) Motor Vehicle accountState Appropriation:
For transfer to the Electric Vehicle Charging
Infrastructure AccountState
. . . .
$12,255,000
(31) Multimodal Transportation AccountState
Appropriation: For transfer to the Electric Vehicle
Charging Infrastructure AccountState
. . . .
$8,000,000
(32) Multimodal Transportation AccountState
Appropriation: For transfer to the Complete Streets
Grant Program AccountState
. . . .
$14,670,000
(33)(a) Transportation Partnership
AccountState Appropriation: For transfer to the Capital Vessel Replacement AccountState
. . . .
$99,000,000
(b)The amount transferred in this subsection represents proceeds from the sale of bonds authorized in RCW 47.10.873.
NEW SECTION.  Sec. 407. FOR THE STATE TREASURER—STATE REVENUES FOR DISTRIBUTION
Multimodal Transportation AccountState
Appropriation: For distribution to cities and
counties
. . . .
$26,786,000
Motor Vehicle AccountState Appropriation: For
distribution to cities and counties
. . . .
$23,438,000
TOTAL APPROPRIATION
. . . .
$50,224,000
NEW SECTION.  Sec. 408. FOR THE STATE TREASURERBOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR DEBT TO BE PAID BY STATUTORILY PRESCRIBED REVENUE
Toll Facility Bond Retirement AccountFederal
Appropriation
. . . .
$199,522,000
Toll Facility Bond Retirement AccountState
Appropriation
. . . .
$25,372,000
TOTAL APPROPRIATION
. . . .
$225,273,000
COMPENSATION
NEW SECTION.  Sec. 501. COLLECTIVE BARGAINING AGREEMENTS NOT IMPAIRED
Nothing in this act prohibits the expenditure of any funds by an agency or institution of the state for benefits guaranteed by any collective bargaining agreement in effect on the effective date of this section.
NEW SECTION.  Sec. 502. COLLECTIVE BARGAINING AGREEMENTS
Sections 503 through 520 of this act represent the results of the 2019-2021 collective bargaining process required under chapters 41.80, 47.64, and 41.56 RCW. Provisions of the collective bargaining agreements contained in sections 503 through 520 of this act are described in general terms. Only major economic terms are included in the descriptions. These descriptions do not contain the complete contents of the agreements. The collective bargaining agreements contained in sections 503 through 520 of this act may also be funded by expenditures from nonappropriated accounts. If positions are funded with lidded grants or dedicated fund sources with insufficient revenue, additional funding from other sources is not provided.
NEW SECTION.  Sec. 503. DEPARTMENT OF TRANSPORTATION MARINE DIVISION COLLECTIVE BARGAINING AGREEMENTSOPEIU
An agreement has been reached between the governor and the office and professional employees international union local eight (OPEIU) pursuant to chapter 47.64 RCW for the 2019-2021 fiscal biennium. Funding is provided for a four percent general wage increase effective July 1, 2019, and a four percent general wage increase effective July 1, 2020. The agreement also includes and funding is provided for salary adjustments for targeted job classifications, a restructure of the pay schedule and increased vacation leave.
NEW SECTION.  Sec. 504. DEPARTMENT OF TRANSPORTATION MARINE DIVISION COLLECTIVE BARGAINING AGREEMENTS—FASPAA
An agreement has been reached between the governor and the ferry agents, supervisors, and project administrators association pursuant to chapter 47.64 RCW for the 2019-2021 fiscal biennium. Funding is provided for a three percent general wage increase effective July 1, 2019, and a three percent general wage increase effective July 1, 2020. The agreement also includes and funding is provided for an increase in the drug and alcohol sampling certification and a new scheduling committee with two employee representatives.
NEW SECTION.  Sec. 505. DEPARTMENT OF TRANSPORTATION MARINE DIVISION COLLECTIVE BARGAINING AGREEMENTSSEIU LOCAL 6
An agreement has been reached between the governor and the service employees international union local 6 pursuant to chapter 47.64 RCW for the 2019-2021 fiscal biennium. Funding is provided for a nine percent general wage increase effective July 1, 2019, and a three percent general wage increase effective July 1, 2020. The agreement also includes and funding is provided for an increase in the shift premium rate.
NEW SECTION.  Sec. 506. DEPARTMENT OF TRANSPORTATION MARINE DIVISION COLLECTIVE BARGAINING AGREEMENTSCARPENTERS
An agreement has been reached between the governor and the Pacific Northwest regional council of carpenters through an interest arbitration award pursuant to chapter 47.64 RCW for the 2019-2021 fiscal biennium. Funding is provided for the awarded four percent general wage increase effective July 1, 2019, and a four percent general wage increase effective July 1, 2020.
NEW SECTION.  Sec. 507. DEPARTMENT OF TRANSPORTATION MARINE DIVISION COLLECTIVE BARGAINING AGREEMENTSMETAL TRADES
An agreement has been reached between the governor and the Puget Sound metal trades council pursuant to chapter 47.64 RCW for the 2019-2021 fiscal biennium. Funding is provided for a four percent general wage increase effective July 1, 2019, and a four percent general wage increase effective July 1, 2020.
NEW SECTION.  Sec. 508. DEPARTMENT OF TRANSPORTATION MARINE DIVISION COLLECTIVE BARGAINING AGREEMENTSMEBA-UL
An agreement has been reached between the governor and the marine engineers' beneficial association unlicensed engine room employees through an interest arbitration award pursuant to chapter 47.64 RCW for the 2019-2021 fiscal biennium. Funding is provided for the awarded three and one-half percent general wage increase effective July 1, 2019, and a three and one-half percent general wage increase effective July 1, 2020. The agreement also includes and funding is provided for related watch turnover rate increases tied to salary increases and reimbursement for safety-toed work boots.
NEW SECTION.  Sec. 509. DEPARTMENT OF TRANSPORTATION MARINE DIVISION COLLECTIVE BARGAINING AGREEMENTSMEBA-L
An agreement has been reached between the governor and the marine engineers' beneficial association licensed engineer officers through an interest arbitration award pursuant to chapter 47.64 RCW for the 2019-2021 fiscal biennium. Funding is provided for the awarded three and one-half percent general wage increase effective July 1, 2019, and a three and one-half percent general wage increase effective July 1, 2020. The agreement also includes and funding is provided for related watch turnover rate increases tied to salary increases and reimbursement for safety-toed work boots.
NEW SECTION.  Sec. 510. DEPARTMENT OF TRANSPORTATION MARINE DIVISION COLLECTIVE BARGAINING AGREEMENTSMEBAPORT ENGINEERS
An agreement has been reached between the governor and the marine engineers' beneficial association port engineers pursuant to chapter 47.64 RCW for the 2019-2021 fiscal biennium. Funding is provided for an initial salary structure and for a one percent general wage increase effective July 1, 2019, and a three percent general wage increase effective July 1, 2020. The agreement also includes and funding is provided for payment of a daily rate when required to be on duty outside normal working hours, a minimum pay for call outs, and reimbursement for safety shoes.
NEW SECTION.  Sec. 511. DEPARTMENT OF TRANSPORTATION MARINE DIVISION COLLECTIVE BARGAINING AGREEMENTSMM&P MATES
An agreement has been reached between the governor and the masters, mates, and pilots - mates pursuant to chapter 47.64 RCW for the 2019-2021 fiscal biennium. Funding is provided for a three percent general wage increase effective July 1, 2019, and three percent general wage increase effective July 1, 2020.
NEW SECTION.  Sec. 512. DEPARTMENT OF TRANSPORTATION MARINE DIVISION COLLECTIVE BARGAINING AGREEMENTSMM&P MASTERS
An agreement has been reached between the governor and the masters, mates, and pilots - masters pursuant to chapter 47.64 RCW for the 2019-2021 fiscal biennium. Funding is provided for a three percent general wage increase effective July 1, 2019, and three percent general wage increase effective July 1, 2020.
NEW SECTION.  Sec. 513. DEPARTMENT OF TRANSPORTATION MARINE DIVISION COLLECTIVE BARGAINING AGREEMENTSMM&P WATCH CENTER SUPERVISORS
An agreement has been reached between the governor and the masters, mates, and pilots - watch center supervisors pursuant to chapter 47.64 RCW for the 2019-2021 fiscal biennium. Funding is provided for a three percent general wage increase effective July 1, 2019, and two percent general wage increase effective July 1, 2020. The agreement also includes and funding is provided for call back and an increase in relief pay.
NEW SECTION.  Sec. 514. DEPARTMENT OF TRANSPORTATION MARINE DIVISION COLLECTIVE BARGAINING AGREEMENTSIBU
An agreement has been reached between the governor and the inlandboatmen's union of the Pacific pursuant to chapter 47.64 RCW through an interest arbitration award for the 2019-2021 fiscal biennium. Funding is provided for the awarded three percent general wage increase effective July 1, 2019, a three percent general wage increase effective July 1, 2020, and a two percent general wage increase effective January 1, 2021. The agreement also includes and funding is provided for salary adjustments for targeted job classifications in the shoregang series, increased holiday pay and increased premium pay for use of selected power tools.
NEW SECTION.  Sec. 515. COLLECTIVE BARGAINING AGREEMENTWFSE
An agreement has been reached between the governor and the Washington federation of state employees under the provisions of chapter 41.80 RCW for the 2019-2021 fiscal biennium. Funding is provided for a three percent general wage increase effective July 1, 2019, and a three percent general wage increase effective July 1, 2020. The agreement also includes and funding is provided for salary adjustments for targeted job classifications, premium pay for employees who work in King county, and establishment of a new information technology professional compensation structure.
NEW SECTION.  Sec. 516. COLLECTIVE BARGAINING AGREEMENT—PTE LOCAL 17
An agreement has been reached between the governor and the professional and technical employees local 17 under the provisions of chapter 41.80 RCW for the 2019-2021 fiscal biennium. Funding is provided for a three percent general wage increase effective July 1, 2019, and a three percent general wage increase effective July 1, 2020. The agreement also includes and funding is provided for salary adjustments for targeted job classifications and premium pay for employees who work in King county.
NEW SECTION.  Sec. 517. COLLECTIVE BARGAINING AGREEMENTWPEA
An agreement has been reached between the governor and the Washington public employees association under the provisions of chapter 41.80 RCW for the 2019-2021 fiscal biennium. Funding is provided for a three percent general wage increase effective July 1, 2019, and a three percent general wage increase effective July 1, 2020. The agreement also includes and funding is provided for salary adjustments for targeted job classifications, premium pay for employees who work in King county, and establishment of a new information technology professional compensation structure.
NEW SECTION.  Sec. 518. COLLECTIVE BARGAINING AGREEMENTCOALITION OF UNIONS
An agreement has been reached for the 2019-2021 biennium between the governor and the coalition of unions under the provisions of chapter 41.80 RCW for the 2019-21 fiscal biennium. Funding is provided for a three percent general wage increase effective July 1, 2019, and a three percent general wage increase effective July 1, 2020. The agreement also includes and funding is provided for salary adjustments for targeted job classifications, premium pay for employees who work in King county, loan repayments for eligible physicians and psychiatrists, and recruitment incentives for psychiatrists.
NEW SECTION.  Sec. 519. COLLECTIVE BARGAINING AGREEMENTWSP TROOPERS ASSOCIATION
An agreement has been reached between the governor and the Washington state patrol troopers association under the provisions of chapter 41.56 RCW for the 2019-2021 fiscal biennium. Funding is provided for a two percent general wage increase effective July 1, 2019, and a two and one-half of one percent general wage increase effective July 1, 2020.
NEW SECTION.  Sec. 520. COLLECTIVE BARGAINING AGREEMENTWSP LIEUTENANTS AND CAPTAINS ASSOCIATION
An agreement has been reached between the governor and the Washington state patrol lieutenants and captains association under the provisions of chapter 41.56 RCW for the 2019-2021 fiscal biennium. Funding is provided for a two percent general wage increase effective July 1, 2019, and a two and one-half of one percent general wage increase effective July 1, 2020.
NEW SECTION.  Sec. 521. COMPENSATIONREPRESENTED EMPLOYEESHEALTH CARECOALITIONINSURANCE BENEFITS
An agreement was reached for the 2019-2021 biennium between the governor and the health care coalition under the provisions of chapter 41.80 RCW. Appropriations in this act for state agencies, including institutions of higher education, are sufficient to implement the provisions of the 2019-2021 collective bargaining agreement, including health flexible spending accounts for eligible employees under the agreement, and are subject to the following conditions and limitations:
The monthly employer funding rate for insurance benefit premiums, public employees' benefits board administration, and the uniform medical plan, shall not exceed $939 per eligible employee for fiscal year 2020. For fiscal year 2021, the monthly employer funding rate shall not exceed $976 per eligible employee.
NEW SECTION.  Sec. 522. COMPENSATIONREPRESENTED EMPLOYEES OUTSIDE HEALTH CARE COALITIONINSURANCE BENEFITS
Appropriations for state agencies in this act are sufficient for represented employees outside the coalition for health benefits, and are subject to the following conditions and limitations: The monthly employer funding rate for insurance benefit premiums, public employees' benefits board administration, and the uniform medical plan, may not exceed $939 per eligible employee for fiscal year 2020. For fiscal year 2021, the monthly employer funding rate may not exceed $976 per eligible employee.
NEW SECTION.  Sec. 523. COMPENSATIONNONREPRESENTED EMPLOYEESINSURANCE BENEFITS
Appropriations for state agencies in this act are sufficient for nonrepresented state employee health benefits for state agencies, including institutions of higher education, and are subject to the following conditions and limitations:
(1) The employer monthly funding rate for insurance benefit premiums, public employees' benefits board administration, and the uniform medical plan, shall not exceed $939 per eligible employee for fiscal year 2020. For fiscal year 2021, the monthly employer funding rate shall not exceed $976 per eligible employee.
NEW SECTION.  Sec. 524. GENERAL WAGE INCREASES
(1) Appropriations for state agency employee compensation in this act are sufficient to provide general wage increases to state agency employees who are not represented or who bargain under statutory authority other than chapter 41.80 or 47.64 RCW or RCW 41.56.473 or 41.56.475.
(2) Funding is provided for a three percent general wage increase effective July 1, 2019, for all classified employees as specified in subsection (1) of this section, employees in the Washington management service, and exempt employees under the jurisdiction of the office of financial management. The appropriations are also sufficient to fund a three percent salary increase effective July 1, 2019, for executive, legislative, and judicial branch employees exempt from merit system rules whose maximum salaries are not set by the commission on salaries for elected officials.
(3) Funding is provided for a three percent general wage increase effective July 1, 2020, for all classified employees as specified in subsection (1) of this section, employees in the Washington management service, and exempt employees under the jurisdiction of the office of financial management. The appropriations are also sufficient to fund a three percent salary increase effective July 1, 2020, for executive, legislative, and judicial branch employees exempt from merit system rules whose maximum salaries are not set by the commission on salaries for elected officials.
NEW SECTION.  Sec. 525. TARGETED COMPENSATION INCREASES
Funding is provided for salary adjustments for targeted job classifications as specified by the office of financial management for classified state employees, except those represented by a collective bargaining unit under chapters 41.80 and 47.64 RCW and RCW 41.56.473 and 41.56.475.
NEW SECTION.  Sec. 526. MINIMUM STARTING WAGE
Funding is also provided for a minimum starting wage of fourteen dollars an hour, effective July 1, 2019, and for increases in wages of job classes that are aligned with affected job classes, except those represented by a collective bargaining unit under chapters 41.80 and 47.64 RCW and RCW 41.56.473 and 41.56.475. This funding is sufficient for general government agencies and higher education institutions to comply with the provisions of Initiative Measure No. 1433 with respect to state employees.
NEW SECTION.  Sec. 527. PREMIUM PAY
Funding is also provided for a five percent premium pay for employees working in King county, except those represented under chapters 41.80 and 47.64 RCW, and RCW 41.56.473 and 41.56.475.
NEW SECTION.  Sec. 528. COMPENSATIONREVISE PENSION CONTRIBUTION RATES
The appropriations in this act for school districts and state agencies, including institutions of higher education, are subject to the following conditions and limitations: Appropriations are adjusted to reflect changes to agency appropriations to reflect pension contribution rates adopted by the pension funding council and the law enforcement officers' and firefighters' retirement system plan 2 board.
NEW SECTION.  Sec. 529. PUBLIC EMPLOYEES' BENEFITS BOARD MEDICARE-ELIGIBLE RETIREE SUBSIDY
Appropriations for state agencies in this act provide sufficient funding for an increase in the state employer funding rate in the public employees' benefits board program of one dollar in fiscal year 2020 and five dollars in fiscal year 2021 attributable to increasing the monthly medicare-eligible retiree subsidy from one hundred sixty-eight dollars per month to one hundred eighty-three dollars per month.
IMPLEMENTING PROVISIONS
NEW SECTION.  Sec. 601. FUND TRANSFERS
(1) The 2005 transportation partnership projects or improvements and 2015 connecting Washington projects or improvements are listed in the LEAP Transportation Document 2019-1 as developed April 27, 2019, 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 of transportation is expected to use the flexibility provided in this section to assist in the delivery and completion of all transportation partnership account and connecting Washington account projects on the LEAP transportation document referenced in this subsection. For the 2019-2021 project appropriations, unless otherwise provided in this act, the director of the office of financial management may provide written authorization for a transfer of appropriation authority between projects funded with transportation partnership account appropriations or connecting Washington account appropriations 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) Transfers from a project may be made if the funds appropriated to the project are in excess of the amount needed in the current fiscal biennium;
(d) Transfers may not occur for projects not identified on the applicable project list;
(e) Transfers may not be made while the legislature is in session;
(f) Transfers to a project may not be made with funds designated as attributable to practical design savings as described in RCW 47.01.480;
(g) Each transfer between projects may only occur if the director of the office 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 2020 supplemental omnibus transportation appropriations act, any unexpended 2017-2019 appropriation balance as approved by the office of financial management, in consultation with the chairs and ranking members of the house of representatives and senate transportation committees, may be considered when transferring funds between projects; and
(h) Transfers between projects may be made by the department of transportation without the formal written approval provided under this subsection (1), provided that the transfer amount does not exceed 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 the office of financial management and the chairs of the house of representatives and senate transportation committees.
(2) The department of transportation must submit quarterly all transfers authorized under this section in the transportation executive information system. The office of financial management must maintain a legislative baseline project list identified in the LEAP transportation documents referenced in this act, and update that project list with all authorized transfers under this section.
(3) At the time the department submits a request to transfer funds under this section, a copy of the request must be submitted to the chairs and ranking members of the transportation committees of the legislature.
(4) Before approval, 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 and consider any concerns raised by the chairs and ranking members of the transportation committees.
(5) No fewer than ten days after the receipt of a project transfer request, the director of the office of financial management must provide written notification to the department of any decision regarding project transfers, with copies submitted to the transportation committees of the legislature.
(6) The department must submit annually as part of its budget submittal a report detailing all transfers made pursuant to this section.
NEW SECTION.  Sec. 602. BOND REIMBURSEMENT
To the extent that any appropriation authorizes expenditures of state funds from the motor vehicle account, special category C account, Tacoma Narrows toll bridge account, transportation 2003 account (nickel account), transportation partnership account, transportation improvement account, Puget Sound capital construction account, multimodal transportation account, state route number 520 corridor account, connecting Washington account, or other transportation capital project account in the state treasury for a state transportation program that is specified to be funded with proceeds from the sale of bonds authorized in chapter 47.10 RCW, the legislature declares that any such expenditures made before the issue date of the applicable transportation bonds for that state transportation program are intended to be reimbursed from proceeds of those transportation bonds in a maximum amount equal to the amount of such appropriation.
NEW SECTION.  Sec. 603. BELATED CLAIMS
The agencies and institutions of the state may expend moneys appropriated in this act, upon approval of the office of financial management, for the payment of supplies and services furnished to the agency or institution in prior fiscal biennia.
NEW SECTION.  Sec. 604. REAPPROPRIATIONS REPORTING
(1) As part of its 2020 supplemental budget submittal, the department of transportation shall provide a report to the legislature and the office of financial management that:
(a) Identifies, by capital project, the amount of state funding that has been reappropriated from the 2017-2019 fiscal biennium into the 2019-2021 fiscal biennium; and
(b) Identifies, for each project, the amount of cost savings or increases in funding that have been identified as compared to the 2017 enacted omnibus transportation appropriations act.
(2) As part of the agency request for capital programs, the department shall load reappropriations separately from funds that were assumed to be required for the 2019-2021 fiscal biennium into budgeting systems.
NEW SECTION.  Sec. 605. WEB SITE REPORTING REQUIREMENTS
(1) The department of transportation shall post on its web site every report that is due from the department to the legislature during the 2019-2021 fiscal biennium on one web page. The department must post both completed reports and planned reports on a single web page.
(2) The department shall provide a web link for each change order that is more than five hundred thousand dollars on the affected project web page.
NEW SECTION.  Sec. 606. TRANSIT, BICYCLE, AND PEDESTRIAN ELEMENTS REPORTING
(1) By November 15th of each year, the department of transportation must report on amounts expended to benefit transit, bicycle, or pedestrian elements within all connecting Washington projects in programs I, P, and Z identified in LEAP Transportation Document 2019-2 ALL PROJECTS as developed April 27, 2019. The report must address each modal category separately and identify if eighteenth amendment protected funds have been used and, if not, the source of funding.
(2) To facilitate the report in subsection (1) of this section, the department of transportation must require that all bids on connecting Washington projects include an estimate on the cost to implement any transit, bicycle, or pedestrian project elements.
NEW SECTION.  Sec. 607. PROJECT SCOPE CHANGES
(1) During the 2019-2021 fiscal biennium, while the legislature is not in session, the director of the office of financial management may approve project scope change requests to connecting Washington projects in the highway improvements program, provided that the requests meet the criteria outlined in RCW 47.01.480 and are subject to the limitations in this section.
(2) At the time the department of transportation submits a request for a project scope change under this section, a copy of the request must be submitted to the transportation committees of the legislature.
(3) Before approval, the office of financial management shall work with legislative staff of the house of representatives and senate transportation committees to review the requested project scope changes.
(4) No fewer than ten days after the receipt of a scope change request, the director of the office of financial management must provide written notification to the department of any decision regarding project scope changes, with copies submitted to the transportation committees of the legislature.
(5) As part of its annual budget submittal, the department of transportation must report on all approved scope change requests from the prior year, including a comparison of the scope before and after the requested change.
NEW SECTION.  Sec. 608. TOLL CREDITS
The department of transportation may provide up to three million dollars in toll credits to Kitsap transit for its role in passenger-only ferry service and ferry corridor-related projects. The number of toll credits provided 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 must not exceed the amount authorized in this section.
MISCELLANEOUS 2019-2021 FISCAL BIENNIUM
NEW SECTION.  Sec. 701. INFORMATION TECHNOLOGY OVERSIGHT
(1) Agencies must apply to the office of the state chief information officer for approval before beginning a project or proceeding with each discreet stage of a project subject to this section. At each stage, the office of the state chief information officer must certify that the project has an approved technology budget and investment plan, complies with state information technology and security requirements, and other policies defined by the office of the state chief information officer.
(2)(a) Each project must have a technology budget. The technology budget must use a method similar to the state capital budget, identifying project costs, each fund source, and anticipated deliverables through each stage of the entire project investment and across fiscal periods and biennia from project onset through implementation and close out.
(b) As part of the development of a technology budget and at each request for funding, the agency shall submit detailed financial information to the office of financial management and the office of the state chief information officer. The technology budget must describe the total cost of the project by fiscal month to include and identify:
(i) Fund sources;
(ii) Full-time equivalent staffing level to include job classification assumptions;
(iii) A discreet appropriation index and program index;
(iv) Object and subobject codes of expenditures; and
(v) Anticipated deliverables.
(3)(a) Each project must have an investment plan that includes:
(i) An organizational chart of the project management team that identifies team members and their roles and responsibilities;
(ii) The office of the state chief information officer staff assigned to the project;
(iii) An implementation schedule covering activities, critical milestones, and deliverables at each stage of the project for the life of the project at each agency affected by the project;
(iv) Performance measures used to determine that the project is on time, within budget, and meeting expectations for quality of work product;
(v) Ongoing maintenance and operations cost of the project post implementation and close out delineated by agency staffing, contracted staffing, and service level agreements; and
(vi) Financial budget coding to include at least discrete program index and subobject codes.
(4) Projects with estimated costs greater than one hundred million dollars from initiation to completion and implementation may be divided into discrete subprojects as determined by the office of the state chief information officer. Each subproject must have a technology budget and investment plan as provided in this section.
(5)(a) The office of the state chief information officer shall maintain an information technology project dashboard that provides updated information each fiscal month on projects subject to this section:
(i) Project changes each fiscal month;
(ii) Noting if the project has a completed market requirements document;
(iii) Financial status of information technology projects under oversight; and
(iv) Coordination with agencies.
(b) The dashboard must retain a roll up of the entire project cost, including all subprojects, that can be displayed the subproject detail.
(6) If the project affects more than one agency:
(a) A separate technology budget and investment plan must be prepared for each agency; and
(b) The dashboard must contain a statewide project technology budget roll up that includes each affected agency at the subproject level.
(7) For any project that exceeds two million dollars in total funds to complete, requires more than one biennium to complete, or is financed through financial contracts, bonds, or other indebtedness:
(a) Quality assurance for the project must report independently the office of the chief information officer;
(b) The office of the chief information officer must review, and, if necessary, revise the proposed project to ensure it is flexible and adaptable to advances in technology;
(c) The technology budget must specifically identify the uses of any financing proceeds. No more than thirty percent of the financing proceeds may be used for payroll-related costs for state employees assigned to project management, installation, testing, or training;
(d) The agency must consult with the office of the state treasurer during the competitive procurement process to evaluate early in the process whether products and services to be solicited and the responsive bids from a solicitation may be financed; and
(e) The agency must consult with the contracting division of the department of enterprise services for a review of all contracts and agreements related to the project's information technology procurements.
(8) The office of the state chief information officer must evaluate the project at each stage and certify whether the project is planned, managed, and meeting deliverable targets as defined in the project's approved technology budget and investment plan.
(9) The office of the state chief information officer may suspend or terminate a project at any time if it determines that the project is not meeting or not expected to meet anticipated performance and technology outcomes. Once suspension or termination occurs, the agency shall unallot any unused funding and shall not make any expenditure for the project without the approval of the office of financial management.
(10) The office of the state chief information officer, in consultation with the office of financial management, may identify additional projects to be subject to this section, including projects that are not separately identified within an agency budget.
(11) The following department of transportation projects are subject to the conditions, limitations, and review provided in this section: Labor System Replacement, New Ferry Division Dispatch System, Maintenance Management System, Land Mobile Radio System Replacement, and New CSC System and Operator.
NEW SECTION.  Sec. 702. ACQUISITION OF PROPERTIES AND FACILITIES THROUGH FINANCIAL CONTRACTS
(1) The department of transportation is authorized, subject to the conditions in section 305(2) of this act, to enter into a financing contract pursuant to chapter 39.94 RCW through the state treasurer's lease-purchase program for the purposes indicated. The department may use any funds, appropriated or nonappropriated, in not more than the principal amounts indicated, plus financing expenses and required reserves, if any. Expenditures made by the department of transportation for the indicated purposes before the issue date of the authorized financing contract and any certificates of participation therein may be reimbursed from proceeds of the financing contract and any certificates of participation therein to the extent provided in the agency's financing plan approved by the state finance committee.
(2) Department of transportation: Enter into a financing contract for up to $32,500,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to renovate the existing office building at 15700 Dayton Ave N, Shoreline.
Sec. 703. RCW 43.19.642 and 2017 c 313 s 703 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, 2016, file annual reports with the department of enterprise services documenting the use of the fuel and a description of how any problems encountered were resolved.
(4) By December 1, 2009, the department of 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 ((2015-2017 and)) 2017-2019 and 2019-2021 fiscal biennia, the Washington state ferries is required to use a minimum of five percent biodiesel as compared to total volume of all diesel purchases 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 or B10 biodiesel blend does not exceed the price of conventional diesel fuel by five percent or more.
Sec. 704. RCW 46.20.745 and 2017 c 313 s 704 are each amended to read as follows:
(1) The ignition interlock device revolving account program is created within the department to assist in covering the monetary costs of installing, removing, and leasing an ignition interlock device, and applicable licensing, for indigent persons who are required under RCW 46.20.385, 46.20.720, and 46.61.5055 to install an ignition interlock device in all vehicles owned or operated by the person. For purposes of this subsection, "indigent" has the same meaning as in RCW 10.101.010, as determined by the department. During the ((2017-2019))2019-2021 fiscal biennium, the ignition interlock device revolving account program also includes ignition interlock enforcement work conducted by the Washington state patrol.
(2) A pilot program is created within the ignition interlock device revolving account program for the purpose of monitoring compliance by persons required to use ignition interlock devices and by ignition interlock companies and vendors.
(3) The department, the state patrol, and the Washington traffic safety commission shall coordinate to establish a compliance pilot program that will target at least one county from eastern Washington and one county from western Washington, as determined by the department, state patrol, and Washington traffic safety commission.
(4) At a minimum, the compliance pilot program shall:
(a) Review the number of ignition interlock devices that are required to be installed in the targeted county and the number of ignition interlock devices actually installed;
(b) Work to identify those persons who are not complying with ignition interlock requirements or are repeatedly violating ignition interlock requirements; and
(c) Identify ways to track compliance and reduce noncompliance.
(5) As part of monitoring compliance, the Washington traffic safety commission shall also track recidivism for violations of RCW 46.61.502 and 46.61.504 by persons required to have an ignition interlock driver's license under RCW 46.20.385 and 46.20.720.
Sec. 705. RCW 46.68.060 and 2017 c 313 s 707 are each amended to read as follows:
There is hereby created in the state treasury a fund to be known as the highway safety fund to the credit of which must be deposited all moneys directed by law to be deposited therein. This fund must be used for carrying out the provisions of law relating to driver licensing, driver improvement, financial responsibility, cost of furnishing abstracts of driving records and maintaining such case records, and to carry out the purposes set forth in RCW 43.59.010, and chapters 46.72 and 46.72A RCW. During the 2013-2015 and 2015-2017 fiscal biennia, the legislature may transfer from the highway safety fund to the Puget Sound ferry operations account, the motor vehicle fund, and the multimodal transportation account such amounts as reflect the excess fund balance of the highway safety fund. During the 2017-2019 and the 2019-2021 fiscal ((biennium))biennia, the legislature may direct the state treasurer to make transfers of moneys in the highway safety fund to the multimodal transportation account.
Sec. 706. RCW 46.68.280 and 2017 c 313 s 708 are each amended to read as follows:
(1) The transportation 2003 account (nickel account) is hereby created in the motor vehicle fund. Money in the account may be spent only after appropriation. Expenditures from the account must be used only for projects or improvements identified as transportation 2003 projects or improvements in the omnibus transportation budget and to pay the principal and interest on the bonds authorized for transportation 2003 projects or improvements. Upon completion of the projects or improvements identified as transportation 2003 projects or improvements, moneys deposited in this account must only be used to pay the principal and interest on the bonds authorized for transportation 2003 projects or improvements, and any funds in the account in excess of the amount necessary to make the principal and interest payments may be used for maintenance on the completed projects or improvements.
(2) During the 2015-2017 fiscal biennium, the legislature may transfer from the transportation 2003 account (nickel account) to the connecting Washington account such amounts as reflect the excess fund balance of the transportation 2003 account (nickel account).
(3) During the 2017-2019 and the 2019-2021 fiscal ((biennium))biennia, the legislature may direct the state treasurer to make transfers of moneys in the transportation 2003 account (nickel account) to the connecting Washington account, the Puget Sound capital construction account, and the Tacoma Narrows toll bridge account.
(4) The "nickel account" means the transportation 2003 account.
Sec. 707. RCW 46.68.290 and 2017 c 313 s 709 are each amended to read as follows:
(1) The transportation partnership account is hereby created in the state treasury. All distributions to the account from RCW 46.68.090 must be deposited into the account. Money in the account may be spent only after appropriation. Expenditures from the account must be used only for projects or improvements identified as 2005 transportation partnership projects or improvements in the omnibus transportation appropriations act, including any principal and interest on bonds authorized for the projects or improvements.
(2) The legislature finds that:
(a) Citizens demand and deserve accountability of transportation-related programs and expenditures. Transportation-related programs must continuously improve in quality, efficiency, and effectiveness in order to increase public trust;
(b) Transportation-related agencies that receive tax dollars must continuously improve the way they operate and deliver services so citizens receive maximum value for their tax dollars; and
(c) Fair, independent, comprehensive performance audits of transportation-related agencies overseen by the elected state auditor are essential to improving the efficiency, economy, and effectiveness of the state's transportation system.
(3) For purposes of chapter 314, Laws of 2005:
(a) "Performance audit" means an objective and systematic assessment of a state agency or agencies or any of their programs, functions, or activities by the state auditor or designee in order to help improve agency efficiency, effectiveness, and accountability. Performance audits include economy and efficiency audits and program audits.
(b) "Transportation-related agency" means any state agency, board, or commission that receives funding primarily for transportation-related purposes. At a minimum, the department of transportation, the transportation improvement board or its successor entity, the county road administration board or its successor entity, and the traffic safety commission are considered transportation-related agencies. The Washington state patrol and the department of licensing shall not be considered transportation-related agencies under chapter 314, Laws of 2005.
(4) Within the authorities and duties under chapter 43.09 RCW, the state auditor shall establish criteria and protocols for performance audits. Transportation-related agencies shall be audited using criteria that include generally accepted government auditing standards as well as legislative mandates and performance objectives established by state agencies. Mandates include, but are not limited to, agency strategies, timelines, program objectives, and mission and goals as required in RCW 43.88.090.
(5) Within the authorities and duties under chapter 43.09 RCW, the state auditor may conduct performance audits for transportation-related agencies. The state auditor shall contract with private firms to conduct the performance audits.
(6) The audits may include:
(a) Identification of programs and services that can be eliminated, reduced, consolidated, or enhanced;
(b) Identification of funding sources to the transportation-related agency, to programs, and to services that can be eliminated, reduced, consolidated, or enhanced;
(c) Analysis of gaps and overlaps in programs and services and recommendations for improving, dropping, blending, or separating functions to correct gaps or overlaps;
(d) Analysis and recommendations for pooling information technology systems used within the transportation-related agency, and evaluation of information processing and telecommunications policy, organization, and management;
(e) Analysis of the roles and functions of the transportation-related agency, its programs, and its services and their compliance with statutory authority and recommendations for eliminating or changing those roles and functions and ensuring compliance with statutory authority;
(f) Recommendations for eliminating or changing statutes, rules, and policy directives as may be necessary to ensure that the transportation-related agency carry out reasonably and properly those functions vested in the agency by statute;
(g) Verification of the reliability and validity of transportation-related agency performance data, self-assessments, and performance measurement systems as required under RCW 43.88.090;
(h) Identification of potential cost savings in the transportation-related agency, its programs, and its services;
(i) Identification and recognition of best practices;
(j) Evaluation of planning, budgeting, and program evaluation policies and practices;
(k) Evaluation of personnel systems operation and management;
(l) Evaluation of purchasing operations and management policies and practices;
(m) Evaluation of organizational structure and staffing levels, particularly in terms of the ratio of managers and supervisors to nonmanagement personnel; and
(n) Evaluation of transportation-related project costs, including but not limited to environmental mitigation, competitive bidding practices, permitting processes, and capital project management.
(7) Within the authorities and duties under chapter 43.09 RCW, the state auditor must provide the preliminary performance audit reports to the audited state agency for comment. The auditor also may seek input on the preliminary report from other appropriate officials. Comments must be received within thirty days after receipt of the preliminary performance audit report unless a different time period is approved by the state auditor. The final performance audit report shall include the objectives, scope, and methodology; the audit results, including findings and recommendations; the agency's response and conclusions; and identification of best practices.
(8) The state auditor shall provide final performance audit reports to the citizens of Washington, the governor, the joint legislative audit and review committee, the appropriate legislative committees, and other appropriate officials. Final performance audit reports shall be posted on the internet.
(9) The audited transportation-related agency is responsible for follow-up and corrective action on all performance audit findings and recommendations. The audited agency's plan for addressing each audit finding and recommendation shall be included in the final audit report. The plan shall provide the name of the contact person responsible for each action, the action planned, and the anticipated completion date. If the audited agency does not agree with the audit findings and recommendations or believes action is not required, then the action plan shall include an explanation and specific reasons.
The office of financial management shall require periodic progress reports from the audited agency until all resolution has occurred. The office of financial management is responsible for achieving audit resolution. The office of financial management shall annually report by December 31st the status of performance audit resolution to the appropriate legislative committees and the state auditor. The legislature shall consider the performance audit results in connection with the state budget process.
The auditor may request status reports on specific audits or findings.
(10) For the period from July 1, 2005, until June 30, 2007, the amount of $4,000,000 is appropriated from the transportation partnership account to the state auditors office for the purposes of subsections (2) through (9) of this section.
(11) During the 2015-2017 fiscal biennium, the legislature may transfer from the transportation partnership account to the connecting Washington account such amounts as reflect the excess fund balance of the transportation partnership account.
(12) During the 2017-2019 and the 2019-2021 fiscal ((biennium))biennia, the legislature may direct the state treasurer to make transfers of moneys in the transportation partnership account to the connecting Washington account and the motor vehicle fund.
Sec. 708. RCW 46.68.325 and 2017 c 313 s 710 are each amended to read as follows:
(1) The rural mobility grant program account is created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the grants provided under RCW 47.66.100.
(2) Beginning September 2011, by the last day of September, December, March, and June of each year, the state treasurer shall transfer from the multimodal transportation account to the rural mobility grant program account two million five hundred thousand dollars.
(3) During the 2015-2017 fiscal biennium, the legislature may transfer from the rural mobility grant program account to the multimodal transportation account such amounts as reflect the excess fund balance of the rural mobility grant program account.
(4) During the 2017-2019 and the 2019-2021 fiscal ((biennium))biennia, the legislature may direct the state treasurer to make transfers of moneys in the rural mobility grant program account to the multimodal transportation account.
Sec. 709. RCW 47.56.403 and 2017 c 313 s 712 are each amended to read as follows:
(1) The department may provide for the establishment, construction, and operation of a pilot project of high occupancy toll lanes on state route 167 high occupancy vehicle lanes within King county. The department may issue, buy, and redeem bonds, and deposit and expend them; secure and remit financial and other assistance in the construction of high occupancy toll lanes, carry insurance, and handle any other matters pertaining to the high occupancy toll lane pilot project.
(2) Tolls for high occupancy toll lanes will be established as follows:
(a) The schedule of toll charges for high occupancy toll lanes must be established by the transportation commission and collected in a manner determined by the commission.
(b) Toll charges shall not be assessed on transit buses and vanpool vehicles owned or operated by any public agency.
(c) The department shall establish performance standards for the state route 167 high occupancy toll lane pilot project. The department must automatically adjust the toll charge, using dynamic tolling, to ensure that toll-paying single-occupant vehicle users are only permitted to enter the lane to the extent that average vehicle speeds in the lane remain above forty-five miles per hour at least ninety percent of the time during peak hours. The toll charge may vary in amount by time of day, level of traffic congestion within the highway facility, vehicle occupancy, or other criteria, as the commission may deem appropriate. The commission may also vary toll charges for single-occupant inherently low-emission vehicles such as those powered by electric batteries, natural gas, propane, or other clean burning fuels.
(d) The commission shall periodically review the toll charges to determine if the toll charges are effectively maintaining travel time, speed, and reliability on the highway facilities.
(3) The department shall monitor the state route 167 high occupancy toll lane pilot project and shall annually report to the transportation commission and the legislature on operations and findings. At a minimum, the department shall provide facility use data and review the impacts on:
(a) Freeway efficiency and safety;
(b) Effectiveness for transit;
(c) Person and vehicle movements by mode;
(d) Ability to finance improvements and transportation services through tolls; and
(e) The impacts on all highway users. The department shall analyze aggregate use data and conduct, as needed, separate surveys to assess usage of the facility in relation to geographic, socioeconomic, and demographic information within the corridor in order to ascertain actual and perceived questions of equitable use of the facility.
(4) The department shall modify the pilot project to address identified safety issues and mitigate negative impacts to high occupancy vehicle lane users.
(5) Authorization to impose high occupancy vehicle tolls for the state route 167 high occupancy toll pilot project expires if either of the following two conditions apply:
(a) If no contracts have been let by the department to begin construction of the toll facilities associated with this pilot project within four years of July 24, 2005; or
(b) If high occupancy vehicle tolls are being collected on June 30, ((2019))2021.
(6) The department of transportation shall adopt rules that allow automatic vehicle identification transponders used for electronic toll collection to be compatible with other electronic payment devices or transponders from the Washington state ferry system, other public transportation systems, or other toll collection systems to the extent that technology permits.
(7) The conversion of a single existing high occupancy vehicle lane to a high occupancy toll lane as proposed for SR-167 must be taken as the exception for this pilot project.
(8) A violation of the lane restrictions applicable to the high occupancy toll lanes established under this section is a traffic infraction.
(9) Procurement activity associated with this pilot project shall be open and competitive in accordance with chapter 39.29 RCW.
Sec. 710. RCW 47.56.876 and 2017 c 313 s 713 are each amended to read as follows:
A special account to be known as the state route number 520 civil penalties account is created in the state treasury. All state route number 520 bridge replacement and HOV program civil penalties generated from the nonpayment of tolls on the state route number 520 corridor must be deposited into the account, as provided under RCW 47.56.870(4)(b)(vii). Moneys in the account may be spent only after appropriation. Expenditures from the account may be used to fund any project within the state route number 520 bridge replacement and HOV program, including mitigation. During the 2013-2015 and 2015-2017 fiscal biennia, the legislature may transfer from the state route number 520 civil penalties account to the state route number 520 corridor account such amounts as reflect the excess fund balance of the state route number 520 civil penalties account. Funds transferred must be used solely for capital expenditures for the state route number 520 bridge replacement and HOV project. During the 2017-2019 and the 2019-2021 fiscal ((biennium))biennia, the legislature may direct the state treasurer to make transfers of moneys in the state route number 520 civil penalties account to the state route number 520 corridor account.
Sec. 711. RCW 41.45.0631 and 2009 c 561 s 7 are each amended to read as follows:
(1) The allocation of costs between the employer and members of the Washington state patrol retirement system shall be made only after the application of any minimum total contribution rate that may be in effect for the system under subsection (4) of this section. For benefit improvements effective on or after July 1, 2007, costs shall be shared equally by members and the employer, and any cap on member contributions shall be adjusted accordingly. The member contribution rate shall be based on the adjusted total contribution rate described in subsection (2) of this section. Beginning July 1, 2007, the required member contribution rate for members of the Washington state patrol retirement system shall be the lesser of the following: (a) One-half of the adjusted total contribution rate for the system; or (b) seven percent, plus fifty percent of the contribution rate increase caused by any benefit improvements effective on or after July 1, 2007.
(2) The employer shall continue to pay for all costs attributable to distributions under RCW 43.43.270(2) for survivors of members who became disabled under RCW 43.43.040(2) prior to July 1, 2006, until such costs are fully paid. In order to avoid charging members for these costs, the total required contribution rate shall be adjusted to exclude these costs. The result of the adjustment shall be the adjusted total contribution rate that is to be used to calculate the required member contribution rate.
(3) The employer rate shall be the contribution rate required to cover all total system costs that are not covered by the member contribution rate.
(4) Beginning July 1, 2009, a minimum total contribution rate is established for the Washington state patrol retirement system. The total Washington state patrol retirement system contribution rate may exceed, but may not drop below, the established minimum total contribution rate. From July 1, 2009, through June 30, 2011, the minimum total contribution rate shall equal the total contribution rate required to fund fifty percent of the Washington state patrol retirement system's normal cost as calculated under the entry age normal cost method. Beginning July 1, 2011, the minimum total contribution rate shall equal the total contribution rate required to fund seventy percent of the Washington state patrol retirement system's normal cost as calculated under the entry age normal cost method. This minimum rate, when applicable, shall be collected in addition to any contribution rate required to amortize any unfunded costs attributable to distributions under RCW 43.43.270(2) for survivors of members who became disabled under RCW 43.43.040(2) prior to July 1, 2006.
(5) Upon completion of each biennial actuarial valuation, the state actuary shall review the appropriateness of this minimum total contribution rate and recommend to the council any adjustments as may be needed. Any changes adopted by the council shall be subject to revision by the legislature.
(6) The legislature recognizes the short-term volatility of projected employer contribution rates for the Washington state patrol retirement system and intends to phase-in the increase in contribution rates from the 2017-2019 biennium to the 2019-2021 biennium over three successive biennia. The phase-in shall be calculated by the state actuary and shall not result in an expected funding shortfall when measured over the entire phase-in period. Consistent with this intent, the legislature revises the basic employer contribution rate for the Washington state patrol retirement system from 22.13 percent to 17.5 percent during the 2019-2021 biennium. By June 30, 2020, the state actuary shall calculate and report to the council the expected change to the basic employer contribution rates for the 2021-2023 and 2023-2025 biennia that continue this phase-in.
Sec. 712. RCW 46.68.063 and 2014 c 79 s 2 are each amended to read as follows:
The department of licensing technology improvement and data management account is created in the highway safety fund. All receipts from fees collected under RCW 46.12.630(5) must be deposited into the account. Expenditures from the account may be used only for investments in technology and data management at the department. During the 2019-2021 biennium, the account may also be used for responding to public records requests. Moneys in the account may be spent only after appropriation.
Sec. 713. RCW 46.68.370 and 2013 c 306 s 713 are each amended to read as follows:
The license plate technology account is created in the state treasury. All receipts collected under RCW 46.17.015 must be deposited into this account. Expenditures from this account must support current and future license plate technology and systems integration upgrades for both the department and correctional industries. Moneys in the account may be spent only after appropriation. Additionally, the moneys in this account may be used to reimburse the motor vehicle account for any appropriation made to implement the digital license plate system. During the 2011-2013 and 2013-2015 fiscal biennia, the legislature may transfer from the license plate technology account to the highway safety account [fund] such amounts as reflect the excess fund balance of the license plate technology account. During the 2019-2021 biennium, the account may also be used for the maintenance of recently modernized information technology systems for vehicle registrations.
Sec. 714. RCW 46.68.300 and 2013 c 104 s 3 are each amended to read as follows:
The freight mobility investment account is hereby created in the state treasury. Money in the account may be spent only after appropriation. Expenditures from the account may be used only for freight mobility projects that have been approved by the freight mobility strategic investment board in RCW 47.06A.020 and may include any principal and interest on bonds authorized for the projects or improvements. During the 2019-2021 fiscal biennium, the expenditures from the account may also be used for the administrative expenses of the freight mobility strategic investment board.
Sec. 715. RCW 47.12.340 and 2013 c 306 s 715 are each amended to read as follows:
(1) The advanced environmental mitigation revolving account is created in the custody of the treasurer, into which the department shall deposit directly and may expend without appropriation:
(((1)))(a) An initial appropriation included in the department of transportation's 1997-99 budget, and deposits from other identified sources;
(((2)))(b) All moneys received by the department from internal and external sources for the purposes of conducting advanced environmental mitigation; and
(((3)))(c) Interest gained from the management of the advanced environmental mitigation revolving account.
(((4)))(2) During the 2011-2013 and 2013-2015 fiscal biennia, the legislature may transfer from the advanced environmental mitigation revolving account to the motor vehicle account such amounts as reflect the excess fund balance of the advanced environmental mitigation revolving account.
(3) During the 2019-2021 fiscal biennium, the legislature may direct the state treasurer to make transfers of moneys in the advanced environmental mitigation revolving account to the motor vehicle fund.
Sec. 716. RCW 47.60.322 and 2015 3rd sp.s. c 44 s 213 are each amended to read as follows:
(1) The capital vessel replacement account is created in the motor vehicle fund. All revenues generated from the vessel replacement surcharge under RCW 47.60.315(7) and service fees collected by the department of licensing or county auditor or other agent appointed by the director under RCW 46.17.040, 46.17.050, and 46.17.060 must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the construction or purchase of ferry vessels and to pay the principal and interest on bonds authorized for the construction or purchase of ferry vessels. However, expenditures from the account must first be used to support the construction or purchase, including any applicable financing costs, of a ferry vessel with a carrying capacity of at least one hundred forty-four cars.
(2) The state treasurer may transfer moneys from the capital vessel replacement account to the transportation 2003 account (nickel account) for debt service on bonds issued for the construction of 144-car class ferry vessels.
(3) The legislature may transfer from the capital vessel replacement account to the connecting Washington account created under RCW 46.68.395 such amounts as reflect the excess fund balance of the capital vessel replacement account to be used for ferry terminal construction and preservation.
(4) During the 2019-2021 fiscal biennium, the legislature may direct the state treasurer to make transfers of moneys in the capital vessel replacement account to the transportation partnership account.
NEW SECTION.  Sec. 717. (1) The agency financial transaction account is created in the state treasury. Designated receipts from cost-recovery charges for credit card and other financial transaction fees pursuant to this act must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for paying credit card and financial transaction fees, and other related costs incurred by state agencies.
(2) This section expires June 30, 2021.
NEW SECTION.  Sec. 718. Section 709 of this act takes effect if neither chapter . . . (House Bill No. 2132), Laws of 2019 (addressing tolling) nor chapter . . . (Engrossed Substitute Senate Bill No. 5825), Laws of 2019 (addressing tolling) is enacted by June 30, 2019.
2017-2019 FISCAL BIENNIUM
TRANSPORTATION AGENCIESOPERATING
Sec. 801. 2018 c 297 s 201 (uncodified) is amended to read as follows:
FOR THE WASHINGTON TRAFFIC SAFETY COMMISSION
Highway Safety AccountState Appropriation
. . . .
(($4,329,000))
     
$4,347,000
Highway Safety AccountFederal Appropriation
. . . .
(($22,205,000))
     
$25,005,000
Highway Safety AccountPrivate/Local Appropriation
. . . .
$118,000
School Zone Safety AccountState Appropriation
. . . .
$850,000
TOTAL APPROPRIATION
. . . .
(($27,502,000))
     
$30,320,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $100,000 of the highway safety accountstate appropriation is provided solely for the implementation of chapter 324, Laws of 2017 (bicyclist safety advisory council).
(2) $1,000,000 of the highway safety account—state appropriation is provided solely for the implementation of section 13(4), chapter 336, Laws of 2017 (impaired driving). The funding is provided for grants to organizations that seek to reduce driving under the influence of drugs and alcohol and for administering the program. $108,806 of the amount provided in this subsection is for the commission to cover the costs associated with administering the grant program. The funding provided in this subsection is contingent on the availability of funds raised by the fee, described in section 13(4), chapter 336, Laws of 2017 (impaired driving), sufficient to cover the costs of administering the program.
Sec. 802. 2018 c 297 s 202 (uncodified) is amended to read as follows:
FOR THE COUNTY ROAD ADMINISTRATION BOARD
Rural Arterial Trust AccountState Appropriation
. . . .
$1,056,000
Motor Vehicle AccountState Appropriation
. . . .
(($2,720,000))
     
$2,791,000
County Arterial Preservation AccountState
Appropriation
. . . .
$1,592,000
TOTAL APPROPRIATION
. . . .
(($5,368,000))
     
$5,439,000
Sec. 803. 2018 c 297 s 204 (uncodified) is amended to read as follows:
FOR THE JOINT TRANSPORTATION COMMITTEE
((Highway Safety AccountState Appropriation
. . . .
$150,000))
Motor Vehicle AccountState Appropriation
. . . .
$2,030,000
Multimodal Transportation AccountState
Appropriation
. . . .
$1,570,000
TOTAL APPROPRIATION
. . . .
(($3,750,000))
     
$3,600,000
The appropriations in this section are subject to the following conditions and limitations:
(1)(a) $200,000 of the multimodal transportation accountstate appropriation is for a consultant study of marine pilotage in Washington state, with a goal of recommending best practices for: An analytically-driven pilotage tariff and fee setting process; determination of the total number of pilots and pilot workload; pilot recruitment, training, review, and selection, with a focus on increasing pilot diversity; and selection of governance structures for the oversight and management of pilotage activities. The study must include the following:
(i)(A) An examination of current practices of the board of pilotage related to: Pilotage tariff and fee setting, including a review of the development and composition of fees, their relationship to tariffs and pilotage district expenditures, and an analysis of pilot benefits; the setting of the total number of pilots and pilot workload distribution; pilot candidate recruitment and training; pilot review and selection processes; and reporting to comply with statutory requirements;
(B) An examination of the current oversight, administrative practices, and governance of the board of pilotage commissioners and the two pilotage districts, including board composition analysis, the possible role of the legislative appropriations process, and options for insurance liability coverage for the board of pilotage commissioners;
(ii) A comparison of current practices identified under this subsection (1)(a) to best practices in marine pilotage elsewhere in the United States, including both state licensed pilotage and federal pilotage systems with independent contractor, public employee, or private employee pilots; and a comparison to marine pilotage activities outside of the United States, to the extent these marine pilotage activities can inform the evaluation process and identify additional best practices that could be implemented in Washington state;
(iii) A comparison of the results of the examination of current practices to best practices in the United States in areas other than marine pilotage for which similar activities are conducted;
(iv) An evaluation of the extent to which the best practices examined can be implemented and would be effective in Washington state; and
(v) A recommendation for the best practices that should be adopted by Washington state for each of the areas examined.
(b) The joint transportation committee must issue a report of its findings and recommendations to the house of representatives and senate transportation committees by January 8, 2018.
(2) $160,000 of the motor vehicle accountstate appropriation is for the joint transportation committee to contract with the University of Minnesota to independently analyze and assess traffic data for the express toll lanes and general purpose lanes of the Interstate 405 tolled corridor, including in terms of the performance measures described in RCW 47.56.880, and to develop and recommend near-term and longer-term strategies for the improvement of traffic performance in this corridor. A report summarizing the results of the traffic data assessment and providing recommended strategies is due to the transportation committees of the legislature by January 8, 2018.
(3)(a) $500,000 of the multimodal transportation accountstate appropriation is for a consultant study of air cargo movement at Washington airports. The study must:
(i) Describe the state's air cargo system, and identify the facilities that comprise the system;
(ii) Evaluate the current and projected future capacity of the air cargo system;
(iii) Identify underutilized capacity;
(iv) Identify and describe what market forces may determine demand for cargo service at different facilities and what role the shippers and cargo service providers play in determining how cargo is moved in the state;
(v) Develop a definition of congestion in the state's air cargo system, including metrics by which to measure congestion and the cost of congestion to shippers; and
(vi) Evaluate what would be needed to more effectively use existing capacity at airports across the state. As part of this evaluation, the study must:
(A) Evaluate air, land, and surface transportation constraints, including intermodal constraints, to accommodate current demand and future growth;
(B) Evaluate impediments to addressing those constraints;
(C) Evaluate options to address those constraints; and
(D) Evaluate the impacts to air cargo-related industries that would result from shifting cargo service to Washington airports that currently have available capacity.
(b) The study must also identify the state's interest in reducing air cargo congestion and evaluate ways to address this interest on a statewide basis.
(c) The study must provide recommendations regarding:
(i) Options to reduce air cargo congestion and more efficiently use available capacity at Washington airports;
(ii) Options to address the state's interest in reducing air cargo congestion on a statewide basis;
(iii) Strategies to accomplish the recommendations under this subsection (3)(c); and
(iv) Statutory changes needed to implement the recommendations under this subsection (3)(c).
(d) The department of transportation shall provide technical support for the study, including providing guidance regarding information that may already be available due to the department's ongoing work on the Washington aviation system plan.
(e) The joint transportation committee shall issue a report of its findings and recommendations to the house of representatives and senate transportation committees by December 14, 2018.
(4) $100,000 of the motor vehicle accountstate appropriation is for the joint transportation committee to conduct an assessment of the current roles and responsibilities of the transportation commission. The purpose of the assessment is to review the current membership, functions, powers, and duties of the transportation commission beyond those granted to the transportation commission as the tolling authority under RCW 47.56.850, for the adoption of ferry fares and pricing policies under RCW 47.60.315, or for work related to the road usage charge pilot project as directed by the legislature. When conducting the assessment, the joint transportation committee must consult with the transportation commission and the office of financial management.
(a) The assessment must consist of a review of the following:
(i) The primary enabling statutes of the transportation commission contained in RCW 47.01.051 through 47.01.075;
(ii) The transportation commission's functions relating to ferries under chapters 47.60 and 47.64 RCW beyond those granted by the legislature for adoption of fares and pricing policies;
(iii) The existing budget of the transportation commission to ensure it is appropriate for the roles and responsibilities it is directed to do by the governor and the legislature;
(iv) The transportation commission's current roles and responsibilities relating to transportation planning, transportation policy development, and other functions; and
(v) Other issues related to the transportation commission as determined by the joint transportation committee.
(b) A report of the assessment findings and recommendations is due to the transportation committees of the legislature by December 31, 2017.
(5)(a) $360,000 of the motor vehicle accountstate appropriation, from the cities' statewide fuel tax distributions under RCW 46.68.110(2), is for the joint transportation committee to conduct a study to assess the current state of city transportation funding, identify emerging issues, and recommend funding sources to meet current and future needs. As part of the study, the joint transportation committee shall:
(i) Identify current city transportation funding responsibilities, sources, and gaps;
(ii) Identify emerging issues that may add additional strain on city costs and funding capacity;
(iii) Identify future city funding needs;
(iv) Evaluate alternative sources of funding; and
(v) Recommend sources of funding to address those needs and gaps.
(b) In considering alternative sources of funding, the study shall evaluate sources available outside of the state of Washington that currently are not available in Washington.
(c) In conducting the study, the joint transportation committee must consult with:
(i) City representatives;
(ii) A representative from the department of transportation local programs division;
(iii) A representative from the transportation improvement board;
(iv) A representative from the department of transportation/metropolitan planning organization/regional transportation planning organization coordinating committee; and
(v) Others as appropriate.
(d) The association of Washington cities and the department of transportation shall provide technical support to the study.
(e) The joint transportation committee must issue a report of its findings and recommendations to the transportation committees of the legislature by June 30, 2019.
(6)(a) $315,000 of the multimodal transportation accountstate appropriation is for a consultant study of the capital needs of public transportation systems operated by public transportation benefit areas, metropolitan municipal corporations, cities, counties, and county transportation authorities. The study must include:
(i) An inventory of each agency's vehicle fleet;
(ii) An inventory of each agency's facilities, including the state of repair;
(iii) The replacement and expansion needs of each agency's vehicle fleet, as well as the associated costs, over the next ten years;
(iv) The replacement and expansion needs for each agency's facilities including, but not limited to, such facilities as park and rides, transit centers, and maintenance buildings;
(v) The source of funding, if known, planned to cover the cost of the bus and facilities replacement and expansion needs including, but not limited to, local revenue, state grants, and federal grants;
(vi) The amount of service that could be provided with the local funds that are currently required for each agency's total capital needs; and
(vii) A list of potential state, federal, or local revenue sources that public transportation agencies could access or implement in order to meet agencies' capital needs. These revenue sources may be either currently available sources or sources that would need legislative authorization.
(b) The Washington state transit association and the Washington state department of transportation shall provide technical support to the study.
(c) The joint transportation committee shall issue a report of its findings and recommendations to the transportation committees of the legislature by ((March 1))June 30, 2019.
(7) $255,000 of the multimodal transportation accountstate appropriation is for the joint transportation committee to conduct a study regarding the regulation of transportation network companies within the state of Washington. In conducting the study, the joint transportation committee must consult with relevant representatives of the department of licensing, the utilities and transportation commission, the Washington state patrol, local governments involved in the regulation of transportation network companies, entities providing transportation network services, and other relevant stakeholders. The study must include a review of the regulatory framework used by local jurisdictions within Washington state and in other states, an evaluation of the most effective public safety aspects of a regulatory framework, including among other aspects, the type of required background checks, and an assessment of the most effective and efficient state and local regulatory structure for regulation of transportation network companies. The joint transportation committee must issue a report of its findings and recommendations to the house and senate transportation committees by January 14, 2019.
(8) $300,000 of the multimodal transportation accountstate appropriation is for the joint transportation committee to conduct a study regarding the regulation of taxi and for hire services regulated by state, local governments, and port districts. The study must compare state and local regulations in the state of Washington that govern these private passenger transportation services and may include recommendations for improving the consistency or overall effectiveness and competitive fairness of the current regulatory frameworks. In conducting the study, the joint transportation committee shall consult with the department of licensing, the utilities and transportation commission, the Washington state patrol, appropriate local entities engaged in the regulation of commercial passenger transportation services, and other relevant stakeholders. The joint transportation committee must issue a report of its findings and recommendations to the house and senate transportation committees by January 14, 2019.
(9)(a) (($150,000 of the highway safety accountstate appropriation is for))Within existing resources, the joint transportation committee ((to))shall assess and recommend methods for setting state medical standards in the areas listed in (b) of this subsection for commercial driver's license holders and applicants, when these standards are not governed by specific criteria under federal law, to help reduce the current shortage of licensed commercial motor vehicle drivers in the state.
(b) This review must consist of an assessment of possible approaches for developing a method by which to set state standards for:
(i) Medical certification requirements for excepted interstate commercial driver's license holders and applicants, as this class is defined under 49 C.F.R. 383.71, who are not required to obtain medical certification under federal law; and
(ii) Medical waiver requirements for intrastate nonexcepted commercial driver's license holders and applicants, which must be set in a manner consistent with the requirements of 49 C.F.R. Sec. 350.341(h)(2).
(c) The review must include consideration and evaluation of the relevant practices, laws, and regulations of other states. The review must also ensure that recommendations made are consistent with federal law and do not jeopardize federal funding, and that they incorporate relevant safety considerations.
(d) The joint transportation committee must consult with the department of licensing, the Washington state patrol, the traffic safety commission, the state department of health, and stakeholders who rely on the state's commercial driver's license medical certification process.
(e) The joint transportation committee must issue a report of its findings and recommendations, including an indication of statutory changes needed to implement the recommendations, to the transportation committees of the legislature and the governor by January 14, 2019.
Sec. 804. 2018 c 297 s 207 (uncodified) is amended to read as follows:
FOR THE WASHINGTON STATE PATROL
State Patrol Highway AccountState Appropriation
. . . .
(($490,359,000))
     
$475,475,000
State Patrol Highway AccountFederal Appropriation
. . . .
$14,571,000
State Patrol Highway AccountPrivate/Local
Appropriation
. . . .
$4,011,000
Highway Safety AccountState Appropriation
. . . .
$1,074,000
Ignition Interlock Device Revolving AccountState
Appropriation
. . . .
$510,000
Multimodal Transportation AccountState Appropriation
. . . .
$276,000
TOTAL APPROPRIATION
. . . .
(($510,801,000))
     
$495,917,000
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.
(2) $510,000 of the ignition interlock device revolving accountstate appropriation is provided ((solely)) for the ignition interlock program at the Washington state patrol to provide funding for two staff to work and provide support for the program in working with manufacturers, service centers, technicians, and participants in the program.
(3) $1,000,000 of the state patrol highway accountstate appropriation is provided ((solely)) for ongoing support, system updates, maintenance, and an independent assessment of the P25 digital land mobile radio system. Of the amount provided in this subsection, $400,000 must be used for the independent assessment of the P25 digital land mobile radio system. The independent assessment must identify implementation issues and coverage gaps and recommend strategies to address these issues and gaps. The assessment must be submitted to the governor and the transportation committees of the legislature by September 1, 2018. To the extent practicable, the Washington state patrol shall begin implementing recommendations before the completion of the independent assessment.
(4) The Washington state patrol and the department of transportation shall jointly submit a prioritized list of weigh station projects to the office of financial management by October 1, 2017. Projects submitted must include estimated costs for preliminary engineering, rights-of-way, and construction and must also consider the timing of any available funding for weigh station projects.
(5) The Washington state patrol and the office of financial management must be consulted by the department of transportation during the design phase of any improvement or preservation project that could impact Washington state patrol weigh station operations. During the design phase of any such project, the department of transportation must estimate the cost of designing around the affected weigh station's current operations, as well as the cost of moving the affected weigh station.
(6) $580,000 of the state patrol highway accountstate appropriation is provided ((solely)) for the operation of and administrative support to the license investigation unit to enforce vehicle registration laws in southwestern Washington. The Washington state patrol, in consultation with the department of revenue, shall maintain a running estimate of sales and use taxes remitted to the state pursuant to activity conducted by the license investigation unit. At the end of the calendar quarter in which it is estimated that more than $625,000 in taxes have been remitted to the state since the effective date of this section, the Washington state patrol shall notify the state treasurer and the state treasurer shall transfer funds pursuant to section 408(25), chapter 313, Laws of 2017.
(7) $600,000 of the state patrol highway accountstate appropriation is provided ((solely)) for the implementation of chapter 181, Laws of 2017 (WSPRS salary definition).
(8) $4,354,000 of the state patrol highway accountstate appropriation is provided ((solely)) for an additional cadet class, consisting of the 35th arming class and 111th trooper basic training class, in the 2017-2019 fiscal biennium.
Sec. 805. 2018 c 297 s 208 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF LICENSING
Marine Fuel Tax Refund AccountState Appropriation
. . . .
$34,000
Motorcycle Safety Education AccountState
Appropriation
. . . .
(($4,607,000))
     
$4,773,000
State Wildlife AccountState Appropriation
. . . .
(($888,000))
     
$538,000
Highway Safety AccountState Appropriation
. . . .
(($254,301,000))
     
$247,100,000
Highway Safety AccountFederal Appropriation
. . . .
$3,215,000
Motor Vehicle AccountState Appropriation
. . . .
(($83,871,000))
     
$82,456,000
Motor Vehicle AccountFederal Appropriation
. . . .
$329,000
Motor Vehicle AccountPrivate/Local Appropriation
. . . .
(($5,224,000))
     
$5,709,000
Ignition Interlock Device Revolving AccountState
Appropriation
. . . .
(($5,261,000))
     
$5,932,000
Department of Licensing Services AccountState
Appropriation
. . . .
$6,903,000
License Plate Technology AccountState
Appropriation
. . . .
$3,000,000
Abandoned Recreational Vehicle AccountState
Appropriation
. . . .
(($172,000))
     
$312,000
((Driver Licensing Technology Support AccountState
Appropriation
. . . .
$150,000))
TOTAL APPROPRIATION
. . . .
(($367,955,000))
     
$360,301,000
The appropriations in this section are subject to the following conditions and limitations:
(((2)))(1) $20,810,000 of the highway safety accountstate appropriation and $3,000,000 of the license plate technology accountstate appropriation are provided solely for business and technology modernization. The department and the state chief information officer or his or her designee must provide a joint project status report to the transportation committees of the legislature on at least a calendar quarter basis. The report must include, but is not limited to: Detailed information about the planned and actual scope, schedule, and budget; status of key vendor and other project deliverables; and a description of significant changes to planned deliverables or system functions over the life of the project. Project staff will periodically brief the committees or the committees' staff on system security and data protection measures.
(((3)))(2) The department when modernizing its computer systems must place personal and company data elements in separate data fields to allow the department to select discrete data elements when providing information or data to persons or entities outside the department. This requirement must be included as part of the systems design in the department's business and technology modernization. Pursuant to the restrictions in federal and state law, a person's photo, social security number, or medical information must not be made available through public disclosure or data being provided under RCW 46.12.630 or 46.12.635.
(((4)))(3) $4,471,000 of the highway safety accountstate appropriation is provided solely for costs necessary to accommodate increased demand for enhanced drivers' licenses and enhanced identicards. The office of financial management shall place the entire amount provided in this subsection in unallotted status. The office of financial management may release portions of the funds when it determines that average wait times have increased by more than two minutes based on wait time and volume data provided by the department compared to average wait times and volume during the month of December 2016. The department and the office of financial management shall evaluate the use of these funds on a monthly basis and periodically report to the transportation committees of the legislature on average wait times and volume data for enhanced drivers' licenses and enhanced identicards.
(((5)))(4) The department shall continue to encourage the use of online vehicle registration renewal reminders and minimize the number of letters mailed by the department. To further this goal, the department shall develop a pilot program to replace first-class mail, letter-form renewal reminders with postcard renewal reminders. The goal of the pilot program is to realize substantial savings on printing and postage costs. The pilot program must include customers who performed their last renewal online and still receive a paper renewal notice. The appropriations in this section reflect savings in postage and printing costs of at least $250,000 in the 2017-2019 fiscal biennium.
(((6)))(5) $550,000 of the highway safety accountstate appropriation is provided solely for communication and outreach activities necessary to inform the public of federally acceptable identification options including, but not limited to, enhanced drivers' licenses and enhanced identicards. The department shall develop and implement an outreach plan that includes informational material that can be effectively communicated to all communities and populations in Washington. At least thirty-five percent of this appropriation must be used by the department for outreach efforts to communities that would not otherwise be served by traditional media outlets.
(((7)))(6) $19,000 of the highway safety accountstate appropriation is provided solely for the implementation of chapter 334, Laws of 2017 (distracted driving).
(((8)))(7) $57,000 of the motor vehicle accountstate appropriation is provided solely for the implementation of chapter 11, Laws of 2017 (aviation license plate).
(((9)))(8) $572,000 of the highway safety accountstate appropriation is provided solely for the implementation of chapter 197, Laws of 2017 (driver education uniformity).
(((10)))(9) $39,000 of the motor vehicle accountstate appropriation is provided solely for the implementation of chapter 25, Laws of 2017 (Fred Hutch license plate).
(((11)))(10) $104,000 of the ignition interlock device revolving accountstate appropriation is provided solely for the implementation of chapter 336, Laws of 2017 (impaired driving).
(((12)))(11) $500,000 of the highway safety accountstate appropriation is provided solely for the implementation of chapter 206, Laws of 2017 (foster youth/driving).
(((13)))(12) $61,000 of the highway safety accountstate appropriation is provided solely for the implementation of chapter 310, Laws of 2017 (REAL ID compliance).
(((14)))(13)(a) Within existing funds, the department, in consultation with the department of ecology, shall convene a work group comprised of registered tow truck operators, hulk haulers, representatives from county solid waste facilities, and the recycling community to develop a sustainable plan for the collection and disposal of abandoned recreational vehicles.
(b) The work group shall report on the current problems relating to abandoned recreational vehicles and develop policy options for procedures relating to the transportation, recycling, and disposal of abandoned recreational vehicles, as well as other potentially related issues. As a result of its discussions, the work group shall also produce draft legislation. The final report and draft legislation are due to the standing transportation committees of the legislature on December 1, 2017.
(((15)))(14) $30,000 of the highway safety accountstate appropriation is provided solely for the implementation of chapter 122, Laws of 2017 (reduced-cost identicards).
(((16)))(15) $112,000 of the motor vehicle accountstate appropriation is provided solely for the implementation of chapter 218, Laws of 2017 (registration enforcement).
(((17)))(16) $30,000 of the highway safety accountstate appropriation is provided solely for the implementation of chapter 43, Laws of 2017 (tow truck notices).
(((18)))(17) $230,000 of the highway safety account—state appropriation is provided solely for developing an application program interface service. This work must result in a mobile browser based application for use on tablet devices at licensing services offices.
(a) The application must be able to be used by licensing services offices staff for:
(i) Prescreening customers and directing them to the most efficient service line;
(ii) Performing any transaction within the department's online services;
(iii) Answering customer questions regarding license status and reinstatement; and
(iv) Providing a queue ticket to customers waiting for service inside and outside the office.
(b) Additionally, the application must be:
(i) Able to add a feature allowing customers to get in line via an online application and receive a mobile text message when their turn is approaching; and
(ii) Scalable to add other features to mobile devices to expedite customer service.
(((20) $27,796,000))(18) $21,096,000 of the highway safety accountstate appropriation is provided solely for costs necessary to accommodate increased demand for enhanced drivers' licenses and enhanced identicards. The department shall report on a quarterly basis on the use of these funds, associated workload, and information with comparative information with recent comparable months in prior years. The report will include detailed statewide and by licensing service office information on staffing levels, average monthly wait times, the number of enhanced drivers' licenses and enhanced identicards issued/renewed, and the number of primary drivers' licenses and identicards issued/renewed. Within the amounts provided in this subsection, the department shall implement efficiency measures to reduce the time for licensing transactions and wait times, including, but not limited to, the installation of additional cameras at licensing service offices that reduce bottlenecks and align with the keep your customer initiative.
(((21)))(19) $45,000 of the highway safety accountstate appropriation is provided solely for the implementation of chapter ((. . . (Second Substitute House Bill No. 1513)))109, Laws of 2018 (enhancing youth voter registration). If chapter ((. . . (Second Substitute House Bill No. 1513)))109, Laws of 2018 is not enacted by June 30, 2018, the amount provided in this subsection lapses.
(((23)))(20) $70,000 of the highway safety accountstate appropriation is provided solely for the implementation of chapter ((. . . (Engrossed Second Substitute House Bill No. 2595)))110, Laws of 2018 (procedures in order to automatically register citizens to vote). If chapter ((. . . (Engrossed Second Substitute House Bill No. 2595)))110, Laws of 2018 is not enacted by June 30, 2018, the amount provided in this subsection lapses.
(((24)))(21) $26,000 of the highway safety accountstate appropriation is provided solely for the implementation of chapter ((. . . (Substitute House Bill No. 2612)))135, Laws of 2018 (tow truck operators). If chapter ((. . . (Substitute House Bill No. 2612)))135, Laws of 2018 is not enacted by June 30, 2018, the amount provided in this subsection lapses.
(((27)))(22) $34,000 of the motor vehicle accountstate appropriation is provided solely for the implementation of chapter ((. . . (Substitute Senate Bill No. 5746)))67, Laws of 2018 (concerning the association of Washington generals). If chapter ((. . . (Substitute Senate Bill No. 5746)))67, Laws of 2018 is not enacted by June 30, 2018, the amount provided in this subsection lapses.
(((31)))(23) $17,000 of the highway safety accountstate appropriation is provided solely for the implementation of chapter ((. . . (Substitute Senate Bill No. 6155)))192, Laws of 2018 (bone marrow donation information). If chapter ((. . . (Substitute Senate Bill No. 6155)))192, Laws of 2018 is not enacted by June 30, 2018, the amount provided in this subsection lapses.
(((32)))(24) $172,000 of the abandoned recreational vehicle disposal accountstate appropriation is provided solely for the implementation of chapter ((. . . (Substitute Senate Bill No. 6437)))287, Laws of 2018 (disposal of recreational vehicles abandoned on public property). If chapter ((. . . (Substitute Senate Bill No. 6437)))287, Laws of 2018 is not enacted by June 30, 2018, the amount provided in this subsection lapses.
(((33)))(25) $13,000 of the motor vehicle accountstate appropriation is provided solely for the implementation of chapter ((. . . (Substitute Senate Bill No. 6438)))79, Laws of 2018 (clarifying the collection process for existing vehicle service transactions). If chapter ((. . . (Substitute Senate Bill No. 6438)))79, Laws of 2018 is not enacted by June 30, 2018, the amount provided in this subsection lapses.
(((34)))(26) The department shall within the department's appropriations, conduct a study to evaluate options and potential methods for allowing digital license plates. The report must include information on the durability and legibility of digital license plates in different weather conditions, costs, data security, tolling and vehicle fees, protection of personal and vehicle information, and other implementation issues. This will include an evaluation of how the digital license plates can contain tamper-resistant and antitheft features, but can continue to display the unique license plate number assigned to the vehicle at all times. The department of licensing must consult with the Washington state patrol, the department of transportation, and other appropriate entities in conducting the study. The department of licensing must present a report to the standing transportation committees of the legislature by January 1, 2019.
(((35)))(27) $200,000 of the highway safety accountstate appropriation is provided solely for the department to implement employee training and other activities related to improving the protection of private information and increasing racial and cultural awareness by employees in administering licensing responsibilities.
(28) $140,000 of the abandoned recreational vehicle disposal accountstate appropriation is provided solely for providing reimbursements in accordance with the department's abandoned recreational vehicle disposal reimbursement program. It is the intent of the legislature that the department prioritize this funding for allowable and approved reimbursements and not to build a reserve of funds within the account.
Sec. 806. 2018 c 297 s 209 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATIONTOLL OPERATIONS AND MAINTENANCEPROGRAM B
High Occupancy Toll Lanes Operations AccountState
Appropriation
. . . .
(($4,462,000))
     
$4,391,000
Motor Vehicle AccountState Appropriation
. . . .
$513,000
State Route Number 520 Corridor AccountState
Appropriation
. . . .
(($57,123,000))
     
$55,885,000
State Route Number 520 Civil Penalties AccountState
Appropriation
. . . .
$4,129,000
Tacoma Narrows Toll Bridge AccountState
Appropriation
. . . .
(($33,618,000))
     
$33,086,000
Interstate 405 Express Toll Lanes Operations
AccountState Appropriation
. . . .
(($21,757,000))
     
$21,297,000
Alaskan Way Viaduct Replacement Project AccountState
Appropriation
. . . .
(($13,938,000))
     
$6,656,000
TOTAL APPROPRIATION
. . . .
(($135,540,000))
     
$125,957,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $1,300,000 of the Tacoma Narrows toll bridge accountstate appropriation and $9,048,000 of the state route number 520 corridor accountstate appropriation are provided solely for the purposes of addressing unforeseen operations and maintenance costs on the Tacoma Narrows bridge and the state route number 520 bridge, respectively. The office of financial management shall place the amounts provided in this subsection, which represent a portion of the required minimum fund balance under the policy of the state treasurer, in unallotted status. The office may release the funds only when it determines that all other funds designated for operations and maintenance purposes have been exhausted.
(2) $3,100,000 of the Interstate 405 express toll lanes operations account—state appropriation, $1,498,000 of the state route number 520 corridor accountstate appropriation, and $1,802,000 of the high occupancy toll lanes operations accountstate appropriation are provided solely for the operation and maintenance of roadside toll collection systems.
(3) (($4,131,000))$4,129,000 of the state route number 520 civil penalties accountstate appropriation, $2,192,000 of the Tacoma Narrows toll bridge accountstate appropriation, and $1,191,000 of the Interstate 405 express toll lanes operations accountstate appropriation are provided solely for expenditures related to the toll adjudication process.
(4) The department shall make detailed quarterly expenditure reports available to the Washington state transportation commission and to the public on the department's web site using current 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.
(5) As long as the facility is tolled, the department must provide quarterly reports to the transportation committees of the legislature on the Interstate 405 express toll lane project performance measures listed in RCW 47.56.880(4). These reports must include:
(a) Information on the travel times and travel time reliability (at a minimum, average and 90th percentile travel times) maintained during peak and nonpeak periods in the express toll lanes and general purpose lanes for both the entire corridor and commonly made trips in the corridor including, but not limited to, northbound from Bellevue to Rose Hill, state route number 520 at NE 148th to Interstate 405 at state route number 522, Bellevue to Bothell (both NE 8th to state route number 522 and NE 8th to state route number 527), and a trip internal to the corridor (such as NE 85th to NE 160th) and similar southbound trips;
(b) A month-to-month comparison of travel times and travel time reliability for the entire corridor and commonly made trips in the corridor as specified in (a) of this subsection since implementation of the express toll lanes and, to the extent available, a comparison to the travel times and travel time reliability prior to implementation of the express toll lanes;
(c) Total express toll lane and total general purpose lane traffic volumes, as well as per lane traffic volumes for each type of lane (i) compared to total express toll lane and total general purpose lane traffic volumes, as well as per lane traffic volumes for each type of lane, on this segment of Interstate 405 prior to implementation of the express toll lanes and (ii) compared to total express toll lane and total general purpose lane traffic volumes, as well as per lane traffic volumes for each type of lane, from month to month since implementation of the express toll lanes; and
(d) Underlying congestion measurements, that is, speeds, that are being used to generate the summary graphs provided, to be made available in a digital file format.
(6) (($666,000))$595,000 of the high occupancy toll lanes operations account—state appropriation, (($11,527,000))$10,289,000 of the state route number 520 corridor account—state appropriation, (($4,955,000))$4,423,000 of the Tacoma Narrows toll bridge account—state appropriation, (($4,286,000))$3,826,000 of the Interstate 405 express toll lanes operations accountstate appropriation, and (($6,506,000))$5,807,000 of the Alaskan Way viaduct replacement project accountstate appropriation are provided solely for the department to implement a new tolling customer service toll collection system, and are subject to the conditions, limitations, and review provided in section 701, chapter 313, Laws of 2017.
(a) The office of financial management shall place $2,000,000 of the amounts provided in this subsection in unallotted status, to be distributed between the facilities using the account proportions in this subsection. If the vendors selected as the successful bidders for the new tolling customer service toll collection system or the operator of the new system are different than the vendor as of January 1, 2017, the office of financial management may release portions of this amount as transition costs.
(b) The funds provided in this subsection from the Alaskan Way viaduct replacement project account—state appropriation are provided through a transfer from the motor vehicle account—state in section 408(26), chapter 313, Laws of 2017. These funds are a loan to the Alaskan Way viaduct replacement project account—state, and the legislature assumes that these funds will be reimbursed to the motor vehicle accountstate at a later date when the portion of state route number 99 that is the deep bore tunnel is operational.
(c) The department must provide a project status report to the office of financial management and the transportation committees of the legislature on at least a calendar quarterly basis. The report must include, but is not limited to:
(i) Detailed information about the planned and actual scope, schedule, and budget;
(ii) Status of key vendor and other project deliverables; and
(iii) A description of significant changes to planned deliverables or system functions over the life of the project.
(d) The department shall continue to work with the office of financial management, office of the chief information officer, and the transportation committees of the legislature on the project management plan that includes a provision for independent verification and validation of contract deliverables from the successful bidder and a provision for quality assurance that includes reporting independently to the office of the chief information officer on an ongoing basis during system implementation.
(7) The department shall make detailed quarterly reports to the governor and the transportation committees of the legislature on the following:
(a) The use of consultants in the tolling program, including the name of the contractor, the scope of work, the type of contract, timelines, deliverables, any new task orders, and any extensions to existing consultant contracts;
(b) The nonvendor costs of administering toll operations, including the costs of staffing the division, consultants and other personal service contracts required for technical oversight and management assistance, insurance, payments related to credit card processing, transponder purchases and inventory management, facility operations and maintenance, and other miscellaneous nonvendor costs; and
(c) The vendor-related costs of operating tolled facilities, including the costs of the customer service center, cash collections on the Tacoma Narrows bridge, electronic payment processing, and toll collection equipment maintenance, renewal, and replacement.
(d) The toll adjudication process, including a summary table for each toll facility that includes:
(i) The number of notices of civil penalty issued;
(ii) The number of recipients who pay before the notice becomes a penalty;
(iii) The number of recipients who request a hearing and the number who do not respond;
(iv) Workload costs related to hearings;
(v) The cost and effectiveness of debt collection activities; and
(vi) Revenues generated from notices of civil penalty.
(8) (($13,179,000))$13,180,000 of the Interstate 405 express toll lanes operations accountstate appropriation is provided solely for operational costs related to the express toll lane facility. The office of financial management shall place $6,808,000 of the amount provided in this subsection in unallotted status. The office of financial management may only release the funds to the department upon the passage of a 2018 supplemental transportation budget.
(9) In 2021, toll equipment on the Tacoma Narrows Bridge will have reached the end of its operational life. During the 2017-2019 fiscal biennium, the department plans to issue a request for proposals as the first stage of a competitive procurement process that will replace the toll equipment and select a new tolling operator for the Tacoma Narrows Bridge. The request for proposals and subsequent competitive procurement must incorporate elements that prioritize the overall goal of lowering costs per transaction for the facility, such as incentives for innovative approaches which result in lower transactional costs, requests for efficiencies on the part of the bidder that lower operational costs, and incorporation of technologies such as self-serve credit card machines or other point-of-payment technologies that lower costs or improve operational efficiencies.
(10) (($5,583,000 of the Alaskan Way viaduct replacement project accountstate appropriation is provided solely for the new state route number 99 tunnel toll facility's expected proportional share of collecting toll revenues, operating customer services, and maintaining toll collection systems for the last seven months of the biennium. Due to the uncertainty of the new state route number 99 tunnel toll facility timeline, the legislature is holding the other tolled facilities' administrative cost shares constant for this biennium. The legislature expects to see appropriate reductions to the other toll facility accounts once tolling on the new state route number 99 tunnel toll facility commences and any previously incurred costs for start-up of the new facility are charged back to the Alaskan Way viaduct replacement project account. The office of financial management shall closely monitor the application of the cost allocation model and ensure that the new state route number 99 tunnel toll facility is adequately sharing costs and the other toll facility accounts are not being overspent or subsidizing the new state route number 99 tunnel toll facility.
(11) $1,849,000))$849,000 of the Alaskan Way viaduct replacement project accountstate appropriation is provided solely for the costs associated with the sale of transponders for the opening of the new state route number 99 tunnel toll facility in Seattle. ((The office of financial management shall place $510,000 of the amount provided in this subsection in unallotted status. The office of financial management may only release the funds to the department if it determines the transponder inventory will otherwise not be sufficient for facility ramp up.))
Sec. 807. 2018 c 297 s 210 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION—INFORMATION TECHNOLOGYPROGRAM C
Transportation Partnership AccountState Appropriation
. . . .
$1,460,000
Motor Vehicle AccountState Appropriation
. . . .
(($87,865,000))
     
$87,880,000
Puget Sound Ferry Operations AccountState
Appropriation
. . . .
$263,000
Multimodal Transportation AccountState
Appropriation
. . . .
$2,878,000
Transportation 2003 Account (Nickel Account)State
Appropriation
. . . .
$1,460,000
TOTAL APPROPRIATION
. . . .
(($93,926,000))
     
$93,941,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $9,588,000 of the motor vehicle account—state appropriation is provided solely for the development of the labor system replacement project and is subject to the conditions, limitations, and review provided in section 701, chapter 313, Laws of 2017. It is the intent of the legislature that if any portion of the labor system replacement project is leveraged in the future for the time, leave, and labor distribution of any other agencies, the motor vehicle account will be reimbursed proportionally for the development of the system since amounts expended from the motor vehicle account must be used exclusively for highway purposes in conformance with Article II, section 40 of the state Constitution. This must be accomplished through a loan arrangement with the current interest rate under the terms set by the office of the state treasurer at the time the system is deployed to additional agencies. If the motor vehicle account is not reimbursed for future use of the system, it is further the intent of the legislature that reductions will be made to central service agency charges accordingly.
(2) $2,296,000 of the motor vehicle accountstate appropriation is provided solely for the development of ferries network systems support.
(3) $365,000 of the motor vehicle account—state appropriation is provided solely for the department to contract with a consultant to develop a plan, in consultation with the office of financial management, and cost estimate to modernize and migrate the department's business applications from an agency-based data center to the state data center or a cloud-based environment.
Sec. 808. 2018 c 297 s 211 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATIONFACILITY MAINTENANCE, OPERATIONS, AND CONSTRUCTIONPROGRAM DOPERATING
Motor Vehicle AccountState Appropriation
. . . .
(($29,368,000))
     
$29,325,000
State Route Number 520 Corridor AccountState
Appropriation
. . . .
$34,000
TOTAL APPROPRIATION
. . . .
(($29,402,000))
     
$29,359,000
Sec. 809. 2018 c 297 s 212 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION—AVIATION—PROGRAM F
Aeronautics AccountState Appropriation
. . . .
(($7,326,000))
     
$7,247,000
Aeronautics AccountFederal Appropriation
. . . .
(($6,855,000))
     
$7,722,000
Aeronautics AccountPrivate/Local Appropriation
. . . .
$171,000
Public Use General Aviation Airport Loan Revolving
AccountState Appropriation
. . . .
$35,000
TOTAL APPROPRIATION
. . . .
(($14,387,000))
     
$15,175,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $3,122,000 of the aeronautics accountstate appropriation is provided solely for the airport aid grant program, which provides competitive grants to public airports for pavement, safety, planning, and security.
(2) The entire public use general aviation airport loan revolving accountstate appropriation is provided solely for the department to support and implement the public use general aviation airport loan program prior to the creation of the community aviation revitalization board.
(((4)))(3) Within amounts appropriated in this section, the department shall convene an electric aircraft work group to analyze the state of the electrically powered aircraft industry and assess infrastructure needs related to the deployment of electric or hybrid-electric aircraft for commercial air travel in Washington state.
(a) The work group must include, but is not limited to, representation from the electric aircraft industry, the aircraft manufacturing industry, electric utility districts, the battery industry, the department of commerce, the department of transportation aviation division, the airline pilots association, a primary airport representing an airport association, and the airline industry.
(b) The work group must consider, at a minimum, and make recommendations on the feasibility of electric or hybrid-electric flight given: Federal certification requirements; current and anticipated advancements to battery technology; infrastructure requirements and capacity impacts at primary airports; the need for and feasibility of industry incentives; the potential for public-private partnerships; impacts to revenues generated from aviation fuel sales; educational requirements for maintaining electric or hybrid-electric powered aircraft; homeland security checkpoint requirements; public acceptance of the technology; a cost comparison of fossil fuel and electric or hybrid-electric aircraft engines; emission reduction potential; and policy changes needed to facilitate electric or hybrid-electric powered aircraft use for commercial air travel in Washington state.
(c) The work group must report its findings and recommendations to the transportation committees of the legislature by June 30, 2019.
Sec. 810. 2018 c 297 s 213 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATIONPROGRAM DELIVERY MANAGEMENT AND SUPPORTPROGRAM H
Motor Vehicle AccountState Appropriation
. . . .
(($56,408,000))
     
$56,407,000
Motor Vehicle AccountFederal Appropriation
. . . .
$500,000
Multimodal Transportation AccountState Appropriation
. . . .
$256,000
TOTAL APPROPRIATION
. . . .
(($57,164,000))
     
$57,163,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $300,000 of the motor vehicle accountstate appropriation is provided solely for the completion of property value determinations for surplus properties to be sold. The value determinations must be completed by agency staff if available; otherwise, the agency may contract out for these services. The real estate services division of the department must recover the cost of its efforts from the sale of surplus property. Proceeds for surplus property sales must fund additional future sales, and the real estate services division shall prioritize staff resources to meet revenue assumptions for surplus property sales.
(2) The legislature recognizes that the trail known as the Rocky Reach Trail, and its extensions, serve to separate motor vehicle traffic from pedestrians and bicyclists, increasing motor vehicle safety on state route number 2 and the coincident section of state route number 97. Consistent with chapter 47.30 RCW and pursuant to RCW 47.12.080, the legislature declares that transferring portions of WSDOT Inventory Control (IC) No. 2-09-04686 containing the trail and associated buffer areas to the Washington state parks and recreation commission is consistent with the public interest. The legislature directs the department to transfer the property to the Washington state parks and recreation commission.
(a) 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.
(b) Prior to completing the transfer in this subsection (2), the department must ensure that provisions are made to accommodate private and public utilities and any facilities that predate the department's acquisition of the property, at no cost to those entities. Prior to completing the transfer, the department shall also ensure that provisions, by fair market assessment, are made to accommodate other private and public utilities and any facilities that have been legally allowed by permit or other instrument.
(c) The department may sell any adjoining property that is not necessary to support the Rocky Reach Trail and adjacent buffer areas only after the transfer of trail-related property to the Washington state parks and recreation commission is complete. Adjoining property owners must be given the first opportunity to acquire such property that abuts their property, and applicable boundary line or other adjustments must be made to the legal descriptions for recording purposes.
(3) With respect to Parcel 12 of the real property conveyed by the state of Washington to the city of Mercer Island under that certain quitclaim deed, dated April 19, 2000, recorded in King county under recording no. 20000425001234, the requirement in the deed that the property be used for road/street purposes only will be deemed satisfied by the department of transportation so long as commuter parking, as part of the vertical development of the property, is one of the significant uses of the property.
Sec. 811. 2018 c 297 s 214 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATIONPUBLIC-PRIVATE PARTNERSHIPSPROGRAM K
Motor Vehicle AccountState Appropriation
. . . .
(($639,000))
     
$636,000
Electric Vehicle Charging Infrastructure
AccountState Appropriation
. . . .
$1,000,000
Multimodal Transportation Account—State
Appropriation
. . . .
$610,000
TOTAL APPROPRIATION
. . . .
(($2,249,000))
     
$2,246,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $35,000 of the multimodal transportation accountstate appropriation is provided solely for the public-private partnerships program to conduct an outreach effort to assess interest in a public-private partnership to rebuild the Anacortes ferry terminal. The public-private partnerships program shall issue a request for letters of interest, similar to the request issued in 2009, in a public-private partnership to rebuild the Anacortes ferry terminal by combining the ferry terminal functions and structure with one or more commercial ventures, including, but not limited to, ventures to provide lodging, conference and meeting facilities, food service, shopping, or other retail operations. The public-private partnerships program shall notify the transportation committees of the legislature upon release of the request for letters of interest and shall provide the transportation committees of the legislature with a summary of the information collected once the letters of interest have been received.
(2) $1,000,000 of the electric vehicle charging infrastructure accountstate appropriation is provided solely for the purpose of capitalizing the Washington electric vehicle infrastructure bank as provided in chapter 44, Laws of 2015 3rd sp. sess. (transportation revenue). The department may spend no more than one million dollars from the electric vehicle charging infrastructure account during the four-year period of the 2015-2017 and 2017-2019 fiscal biennia.
(3) The economic partnerships program must continue to explore retail partnerships at state-owned park and ride facilities, as authorized in RCW 47.04.295.
(4) $500,000 of the multimodal transportation account—state appropriation is provided solely to study public-private partnership alternatives for the financing and construction of an entry building located at Colman Dock.
(a) As part of the study, the public-private partnerships program must work with the city of Seattle, Native American tribes, and local community groups to evaluate the efficacy of contracting with a private entity to participate in the construction of the Colman Dock entry building. The study must:
(i) Identify and discuss options to construct the facility as currently scoped;
(ii) Identify and discuss options, including rescoping the current design of the facility for purposes of providing a project that has the potential to increase economic development activities along the Seattle waterfront area, such as through the inclusion of office space and restaurants;
(iii) Consider concepts and options found in the design development described in the 2013-2015 capital budget (chapter 19, Laws of 2013 2nd sp. sess.), including connections to Pier 48 as a future public park;
(iv) Consider rooftop public access for panoramic views of the Puget Sound and Olympic mountains; and
(v) Consider exhibits of the history and heritage of the vicinity.
(b) By November 15, 2017, the public-private partnerships program must provide a report to the governor and the transportation committees of the legislature on the program's findings and recommendations.
(5) $75,000 of the multimodal transportation accountstate appropriation is provided solely for the department to contract with the Puget Sound Clean Air Agency to conduct a study that identifies and evaluates opportunities to facilitate low-income utilization of electric vehicles. The study must include, but is not limited to, development and evaluation of an electric vehicle car-sharing program for low-income housing sites that is designed to maximize the use of electric vehicles by residents of these sites, and that must consider any infrastructure needs that will need to be met to support the use of electric vehicles at these sites. The department must provide a report detailing the findings of this study to the transportation committees of the legislature by December 1, 2018.
Sec. 812. 2018 c 297 s 215 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATIONHIGHWAY MAINTENANCEPROGRAM M
Motor Vehicle AccountState Appropriation
. . . .
(($451,660,000))
     
$469,820,000
Motor Vehicle AccountFederal Appropriation
. . . .
$7,000,000
State Route Number 520 Corridor AccountState
Appropriation
. . . .
$4,447,000
Tacoma Narrows Toll Bridge AccountState
Appropriation
. . . .
$1,233,000
Alaskan Way Viaduct Replacement Project
AccountState Appropriation
. . . .
(($2,982,000))
     
$1,865,000
TOTAL APPROPRIATION
. . . .
(($467,322,000))
     
$484,365,000
The appropriations in this section are subject to the following conditions and limitations:
(1) (($8,000,000))$8,242,000 of the motor vehicle accountstate appropriation is provided solely for utility fees assessed by local governments as authorized under RCW 90.03.525 for the mitigation of stormwater runoff from state highways.
(2) $4,447,000 of the state route number 520 corridor accountstate appropriation is provided solely to maintain the state route number 520 floating bridge. These funds must be used in accordance with RCW 47.56.830(3).
(3) $1,233,000 of the Tacoma Narrows toll bridge accountstate appropriation is provided solely to maintain the new Tacoma Narrows bridge. These funds must be used in accordance with RCW 47.56.830(3).
(4) $35,000 of the motor vehicle accountstate appropriation is provided solely for the department to submit a request for proposals as part of a pilot project that explores the use of rotary auger ditch cleaning and reshaping service technology in maintaining roadside ditches for state highways. The pilot project must consist of at least one technology test on each side of the Cascade mountain range.
(5) $631,000 of the motor vehicle accountstate appropriation is provided solely for the department to implement safety improvements and debris clean up on department-owned rights-of-way in the city of Seattle. Direct or contracted activities must include collecting and disposing of garbage, clearing debris or hazardous material, and implementing safety improvements. Funds may also be used to contract with the city of Seattle to provide mutual services in rights-of-way similar to contract agreements in the 2015-2017 fiscal biennium. $381,000 of the amount provided in this subsection is provided solely for one-time equipment procurement needed to implement this subsection.
(6) $15,000,000 of the motor vehicle accountstate appropriation is provided solely for extraordinary snow and ice removal expenses and related road repair expenses incurred during the winter of 2018-2019.
Sec. 813. 2018 c 297 s 216 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATIONTRAFFIC OPERATIONS—PROGRAM QOPERATING
Motor Vehicle AccountState Appropriation
. . . .
(($65,743,000))
     
$65,711,000
Motor Vehicle AccountFederal Appropriation
. . . .
$2,050,000
Motor Vehicle AccountPrivate/Local Appropriation
. . . .
(($250,000))
     
$350,000
TOTAL APPROPRIATION
. . . .
(($68,043,000))
     
$68,111,000
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. By December 15th of each odd-numbered year, the department shall provide a report to the legislature listing all low-cost enhancement projects completed in the prior fiscal biennium.
(2) When regional transit authority construction activities are visible from a state highway, the department shall allow the regional transit authority to place safe and appropriate signage informing the public of the purpose of the construction activity.
(3) The department must make signage for low-height bridges a high priority.
(4) $50,000 of the motor vehicle accountstate appropriation is provided solely for the department to coordinate with the appropriate local jurisdictions for development and implementation of a historic route 10 signage program on Interstate 90 from the Columbia River to the Idaho state border.
(5)(a) During the 2017-2019 fiscal biennium, the department shall continue 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: (i) Auto transportation company vehicles regulated under chapter 81.68 RCW; (ii) 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; (iii) private nonprofit transportation provider vehicles regulated under chapter 81.66 RCW; and (iv) 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. 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.
(b) The department shall expand the high occupancy vehicle lane access pilot program to vehicles that deliver or collect blood, tissue, or blood components for a blood-collecting or distributing establishment regulated under chapter 70.335 RCW. Under the pilot program, when the department reserves a portion of a highway based on the number of passengers in a vehicle, blood-collecting or distributing establishment vehicles that are clearly and identifiably marked as such on all sides of the vehicle are considered emergency vehicles and must be authorized to use the reserved portion of the highway.
(c) The department shall expand the high occupancy vehicle lane access pilot program to private, for hire vehicles regulated under chapter 81.72 RCW that have been specially manufactured, designed, or modified for the transportation of a person who has a mobility disability and uses a wheelchair or other assistive device. Under the pilot program, when the department reserves a portion of a highway based on the number of passengers in a vehicle, wheelchair-accessible taxicabs that are clearly and identifiably marked as such on all sides of the vehicle are considered public transportation vehicles and must be authorized to use the reserved portion of the highway.
(d) Nothing in this subsection (5) is intended to exempt these vehicles from paying tolls when they do not meet the occupancy requirements established by the department for high occupancy toll lanes.
Sec. 814. 2018 c 297 s 217 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATIONTRANSPORTATION MANAGEMENT AND SUPPORTPROGRAM S
Motor Vehicle AccountState Appropriation
. . . .
(($34,198,000))
     
$34,207,000
Motor Vehicle AccountFederal Appropriation
. . . .
$1,656,000
Multimodal Transportation AccountState
Appropriation
. . . .
$1,129,000
TOTAL APPROPRIATION
. . . .
(($36,983,000))
     
$36,992,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $1,500,000 of the motor vehicle accountstate appropriation is provided solely for a grant program that makes awards for the following: (a) Support for nonprofit agencies, churches, and other entities to help provide outreach to populations underrepresented in the current apprenticeship programs; (b) preapprenticeship training; and (c) child care, transportation, and other supports that are needed to help women, veterans, and minorities enter and succeed in apprenticeship. The department must report on grants that have been awarded and the amount of funds disbursed by December 1, 2017, and annually thereafter.
(2) $300,000 of the motor vehicle account—state appropriation is provided solely for succession planning and leadership training. The department shall report on the implementation of these activities to the transportation committees of the legislature by December 31, 2018.
(3) From the revenues generated by the five dollar per studded tire fee under RCW 46.37.427, $150,000 of the motor vehicle accountstate appropriation is provided solely for the department, in consultation with the appropriate local jurisdictions and relevant stakeholder groups, to establish a pilot media-based public information campaign regarding the damage of studded tire use on state and local roadways in Spokane county. The reason for the geographic selection of Spokane county for the pilot is based on the high utilization of studded tires in this jurisdiction. The public information campaign must primarily focus on making the consumer aware of the road deterioration, financial impact for taxpayers, the safety implications for other drivers, and, secondarily, the alternatives to studded tires. The pilot must begin by September 1, 2018. By January 14, 2019, the department shall provide the transportation committees of the legislature an update on the pilot public information program. It is the intent of the legislature that the public information campaign will be a two-year pilot program with a report to the legislature upon completion of the pilot program.
Sec. 815. 2018 c 297 s 218 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION—TRANSPORTATION PLANNING, DATA, AND RESEARCH—PROGRAM T
Motor Vehicle AccountState Appropriation
. . . .
(($28,073,000))
     
$27,604,000
Motor Vehicle AccountFederal Appropriation
. . . .
$39,782,000
Motor Vehicle AccountLocal Appropriation
. . . .
$100,000
Multimodal Transportation AccountState Appropriation
. . . .
$711,000
Multimodal Transportation AccountFederal
Appropriation
. . . .
$2,809,000
Multimodal Transportation AccountPrivate/Local
Appropriation
. . . .
$100,000
TOTAL APPROPRIATION
. . . .
(($71,575,000))
     
$71,106,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The department shall investigate opportunities for a transit-oriented development pilot project at the existing Kingsgate park and ride at Interstate 405 and 132nd. The department must coordinate with the city of Kirkland and other key stakeholders to determine the feasibility and cost of transit-oriented development at Kingsgate. A report on the process and outcomes is due to the transportation committees of the legislature no later than December 1, 2017.
(2) $100,000 of the motor vehicle accountstate appropriation and $250,000 of the motor vehicle accountfederal appropriation are provided solely for a study that details a cost estimate for replacing the westbound U.S. 2 trestle and recommends a series of financing options to address that cost and to satisfy debt service requirements.
In conducting the study, the department shall work in close collaboration with a stakeholder group that includes, but is not limited to, Snohomish county, the port of Everett, economic alliance Snohomish county, the cities of Everett, Lake Stevens, Marysville, Snohomish, and Monroe, and affected transit agencies.
The department shall quantify both the cost of replacing the westbound trestle structure and making mobility and capacity improvements to maximize the use of the structure in the years leading up to full replacement. Financing options that should be examined and quantified include public-private partnerships, public-public partnerships, a transportation benefit district tailored to the specific incorporated and unincorporated area, loans and grants, and other alternative financing measures available at the state or federal level.
The department shall also evaluate ways in which the costs of alternative financing can be debt financed.
The department shall complete the study and submit a final report and recommendations to the transportation committees of the legislature, including recommendations on statutory changes needed to implement available financing options, by January 8, 2018.
(3) $181,000 of the motor vehicle account—state appropriation is provided solely for the department, in coordination with the University of Washington department of mechanical engineering, to study measures to reduce noise impacts from bridge expansion joints. The study must examine testing methodologies and project timelines and costs. A final report must be submitted to the transportation committees of the legislature by October 15, 2018.
(4) $200,000 of the motor vehicle accountstate appropriation is provided solely for implementation of a practical solutions study for the state route number 162 and state route number 410 interchange, based on the recommendations of the SR-162 Study/Design project (L2000107). The study must include short, medium, and long-term phase recommendations and must be submitted to the transportation committees of the legislature by January 1, 2019.
(5) $500,000 of the motor vehicle accountstate appropriation is provided solely for implementation of a state route number 518 corridor study to be conducted in partnership with the Port of Seattle, Sound Transit and other regional entities. The department must study practical solutions to address high vehicle volumes and delays in the corridor including evaluation of solutions to the rapid growth of traffic in the corridor and how that growth impacts access to the Seattle-Tacoma international airport and the surrounding communities. ((The study must be submitted to the transportation committees of the legislature by June 30, 2019.))
(6) (($500,000))$370,000 of the motor vehicle accountstate appropriation and $50,000 of the motor vehicle accountlocal appropriation are provided solely for implementation of a corridor study to identify potential improvements between exit 116 and exit 99 of Interstate 5. The study should further develop mid- and long-term strategies from the corridor sketch, and identify potential US 101/I-5 interchange improvements, a strategic plan for the Nisqually River bridges, regional congestion relief options, and ecosystem benefits to the Nisqually River estuary for salmon productivity and flood control.
(7) Among the options studied as part of the SR 410 Corridor Study, the department shall examine the mobility and safety benefits of replacing or expanding the White River bridge between Enumclaw and Buckley to four lanes and removing the trestle.
(8) Within existing resources, the department shall meet with local stakeholders in south Pierce county and North Thurston county to discuss potential solutions to traffic congestion; emergency management concerns regarding routes away from natural disasters and around incidents similar to the train derailment that occurred on December 18, 2017; and what state transportation investments would benefit the economic development of the area. The department shall provide regular updates on its progress to the joint transportation committee.
Sec. 816. 2018 c 297 s 219 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION—CHARGES FROM OTHER AGENCIES—PROGRAM U
Motor Vehicle AccountState Appropriation
. . . .
(($75,058,000))
     
$81,004,000
Multimodal Transportation AccountState
Appropriation
. . . .
$1,982,000
TOTAL APPROPRIATION
. . . .
(($77,040,000))
     
$82,986,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $2,500,000 of the motor vehicle accountstate appropriation is provided solely for the difference between the state liability coverage amounts and actual lawsuit award for recently settled traffic accident claims.
(2) $3,200,000 of the motor vehicle accountstate appropriation is provided solely for increased legal and lawsuit claims for the Washington state ferry system.
Sec. 817. 2018 c 297 s 220 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION—PUBLIC TRANSPORTATION—PROGRAM V
State Vehicle Parking AccountState Appropriation
. . . .
$784,000
Regional Mobility Grant Program AccountState
Appropriation
. . . .
(($101,786,000))
     
$81,869,000
Rural Mobility Grant Program AccountState
Appropriation
. . . .
$32,223,000
Multimodal Transportation AccountState
Appropriation
. . . .
(($98,381,000))
     
$90,723,000
Multimodal Transportation AccountFederal
Appropriation
. . . .
$3,574,000
TOTAL APPROPRIATION
. . . .
(($236,748,000))
     
$209,173,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $52,679,000 of the multimodal transportation accountstate appropriation is provided solely for a grant program for special needs transportation provided by transit agencies and nonprofit providers of transportation. Of this amount:
(a) $12,000,000 of the multimodal transportation accountstate appropriation 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. Of the amount provided in this subsection (1)(a), $25,000 of the multimodal transportation accountstate appropriation is provided solely for the ecumenical christian helping hands organization for special needs transportation services.
(b) $40,679,000 of the multimodal transportation accountstate appropriation is provided solely for grants to transit agencies to transport persons with special transportation needs. To receive a grant, the transit agency must, to the greatest extent practicable, 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 2015 as reported in the "Summary of Public Transportation - 2015" published by the department of transportation. No transit agency may receive more than thirty percent of these distributions.
(2) $32,223,000 of the rural mobility grant program accountstate appropriation is provided solely for grants to aid small cities in rural areas as prescribed in RCW 47.66.100.
(3)(a) $10,702,000 of the multimodal transportation accountstate appropriation is provided solely for a vanpool grant program for: (i) Public transit agencies to add vanpools or replace vans; and (ii) 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.
(4) $24,107,000 of the regional mobility grant program accountstate appropriation is reappropriated and provided solely for the regional mobility grant projects identified in LEAP Transportation Document ((2018))2019-2 ALL PROJECTS as developed ((March 5))April 27, ((2018))2019, Program - Public Transportation Program (V). Of the amounts provided in this subsection, $757,000 of the regional mobility grant program accountstate appropriation is reappropriated for the Kitsap Transit, SR 305 Interchange Improvements at Suquamish Way Park and Ride (Project 20130101).
(5)(a) (($77,679,000))$57,762,000 of the regional mobility grant program accountstate appropriation is provided solely for the regional mobility grant projects identified in LEAP Transportation Document ((2018))2019-2 ALL PROJECTS as developed ((March 5))April 27, ((2018))2019, Program - Public Transportation Program (V). 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 the LEAP transportation document referenced in this subsection. The department shall provide annual status reports on December 15, 2017, and December 15, 2018, 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. A grantee may not receive more than twenty-five percent of the amount appropriated in this subsection. The department shall not approve any increases or changes to the scope of a project for the purpose of a grantee expending remaining funds on an awarded grant.
(b) In order to be eligible to receive a grant under (a) of this subsection during the 2017-2019 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) Funds provided for the commute trip reduction (CTR) program may also be used for the growth and transportation efficiency center program.
(7) $7,170,000 of the multimodal transportation accountstate appropriation and $784,000 of the state vehicle parking accountstate appropriation are provided solely for CTR grants and activities. Of this amount:
(a) $500,000 of the multimodal transportation accountstate appropriation is provided solely for a voluntary pilot program to expand public-private partnership CTR incentives to make measurable reductions in off-peak, weekend, and nonwork trips. Ridesharing may be integrated into grant proposals. The department shall prioritize grant proposals that focus on the Interstate 90, Interstate 5, state route number 167, or Interstate 405 corridor. The department shall offer competitive trip-reduction grants. The department shall report to the transportation committees of the legislature by December 1, 2018, on the pilot program's impacts to the transportation system and potential improvements to the CTR grant program.
(b) $1,000,000 of the multimodal transportation accountstate appropriation is provided solely for the department to direct a pilot transit pass incentive program. Businesses and nonprofit organizations located in a county adjacent to Puget Sound with a population of more than seven hundred thousand that have never offered transit subsidies to employees are eligible to apply to the program for a fifty percent rebate on the cost of employee transit subsidies provided through the regional ORCA fare collection system. No single business or nonprofit organization may receive more than ten thousand dollars from the program.
(i) Businesses and nonprofit organizations may apply and be awarded funds prior to purchasing a transit subsidy, but the department may not provide reimbursement until proof of purchase or a contract has been provided to the department.
(ii) The department shall report to the transportation committees of the legislature on the impact of the program by June 30, 2019, and may adopt rules to administer the program; and
(c) $30,000 of the state vehicle parking account—state appropriation is provided solely for the STAR pass program for state employees residing in Mason and Grays Harbor Counties. Use of the pass is for public transportation between Mason County and Thurston County, and Grays Harbor and Thurston County. The pass may also be used within Grays Harbor County.
(8) (($20,891,000))$13,233,000 of the multimodal transportation accountstate appropriation is provided solely for connecting Washington transit projects identified in LEAP Transportation Document ((2018))2019-2 ALL PROJECTS as developed ((March 5))April 27, ((2018))2019. It is the intent of the legislature that entities identified to receive funding in the LEAP document referenced in this subsection receive the amounts specified in the time frame specified in that LEAP document. If an entity has already completed a project in the LEAP document referenced in this subsection before the time frame identified, the entity may substitute another transit project or projects that cost a similar or lesser amount.
(9) $2,000,000 of the multimodal transportation accountstate appropriation is provided solely for transit coordination grants.
(10) $250,000 of the multimodal transportation accountstate appropriation is provided solely for King county for a pilot program to provide certain students in the Highline and Lake Washington school districts with an ORCA card during the summer. To be eligible for an ORCA card under this program, a student must also be in high school, be eligible for free and reduced-price lunches, and have a job or other responsibility during the summer. King county must provide a report to the department and the transportation committees of legislature by December 15, 2018, regarding: The annual student usage of the pilot program, available ridership data, the cost to expand the program to other King county school districts, the cost to expand the program to student populations other than high school or eligible for free and reduced-price lunches, opportunities for subsidized ORCA cards or local grant or matching funds, and any additional information that would help determine if the pilot program should be extended or expanded.
(11) The department shall not require more than a ten percent match from nonprofit transportation providers for state grants.
(12)(a) For projects funded as part of the 2015 connecting Washington transportation package listed on the LEAP transportation document identified in subsection (4) of this section, if the department expects to have substantial reappropriations for the 2019-2021 fiscal biennium, the department may, on a pilot basis, apply funding from a project with an appropriation that cannot be used for the current fiscal biennium to advance one or more of the following projects:
(i) King County Metro - RapidRide Expansion, Burien-Delridge (G2000031);
(ii) King County Metro - Route 40 Northgate to Downtown (G2000032);
(iii) Spokane Transit - Spokane Central City Line (G2000034);
(iv) Kitsap Transit - East Bremerton Transfer Center (G2000039); or
(v) City of Seattle - Northgate Transit Center Pedestrian Bridge (G2000041).
(b) At least ten business days before advancing a project pursuant to this subsection, the department must notify the office of financial management and the transportation committees of the legislature. The advancement of a project may not hinder the delivery of the projects for which the reappropriations are necessary for the 2019-2021 fiscal biennium.
(13) $300,000 of the multimodal transportation accountstate appropriation is provided solely for Pierce Transit to procure and install digital transit information technology at various transit centers, in order to provide transit riders with real-time arrival and departure information.
(14) $750,000 of the multimodal transportation accountstate appropriation is provided solely for the Intercity Transit Dash shuttle program.
Sec. 818. 2018 c 297 s 221 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION—MARINEPROGRAM X
Puget Sound Ferry Operations AccountState
Appropriation
. . . .
(($509,954,000))
     
$516,229,000
Puget Sound Ferry Operations AccountFederal
Appropriation
. . . .
$8,743,000
Puget Sound Ferry Operations AccountPrivate/Local
Appropriation
. . . .
$121,000
TOTAL APPROPRIATION
. . . .
(($518,818,000))
     
$525,093,000
The appropriations in this section are 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 2017-2019 supplemental and 2019-2021 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) For the 2017-2019 fiscal biennium, the department may enter into a distributor controlled fuel hedging program and other methods of hedging approved by the fuel hedging committee.
(3) (($71,004,000))$73,587,000 of the Puget Sound ferry operations accountstate appropriation is provided solely for auto ferry vessel operating fuel in the 2017-2019 fiscal biennium, which reflect cost savings from a reduced biodiesel fuel requirement and, therefore, is contingent upon the enactment of section 703 chapter 313, Laws of 2017. The amount provided in this subsection represents the fuel budget for the purposes of calculating any ferry fare fuel surcharge.
(4) $30,000 of the Puget Sound ferry operations accountstate appropriation is provided solely for the marine division assistant secretary's designee to the board of pilotage commissioners, who serves as the board chair. As the agency chairing the board, the department shall direct the board chair, in his or her capacity as chair, to require that the report to the governor and chairs of the transportation committees required under RCW 88.16.035(1)(f) be filed by September 1, 2017, and annually thereafter, and that the report include the continuation of policies and procedures necessary to increase the diversity of pilots, trainees, and applicants, including a diversity action plan. The diversity action plan must articulate a comprehensive vision of the board's diversity goals and the steps it will take to reach those goals.
(5) (($500,000))$750,000 of the Puget Sound ferry operations accountstate appropriation is provided solely for operating costs related to moving vessels for emergency capital repairs. Funds may only be spent after approval by the office of financial management.
(6) $25,000 of the Puget Sound ferry operations accountstate appropriation is provided solely for additional hours of traffic control assistance by a uniformed officer at the Fauntleroy ferry terminal.
(7) $75,000 of the Puget Sound ferry operations accountstate appropriation is provided solely for the department to contract with the University of Washington to conduct an analysis of loading procedures at the Fauntleroy ferry terminal. The department must share the results of the analysis with the governor's office and the transportation committees of the legislature by December 31, 2018.
(8) $3,612,000 of the Puget Sound ferry operations accountstate appropriation is provided solely for additional overtime costs. Within the amount provided in this subsection, the department shall contract with a uniformed officer for additional traffic control assistance at the Kingston ferry terminal during peak ferry travel times, with a particular focus on Sundays and holiday weekends. Traffic control methods should include, but not be limited to, holding traffic on the shoulder at Lindvog Road until space opens for cars at the tollbooths and dock, and management of traffic on Highway 104 in order to ensure Kingston residents and business owners have access to businesses, roads, and driveways.
Sec. 819. 2018 c 297 s 222 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATIONRAILPROGRAM YOPERATING
Multimodal Transportation AccountState
Appropriation
. . . .
(($81,013,000))
     
$65,878,000
Multimodal Transportation AccountPrivate/Local
Appropriation
. . . .
$496,000
TOTAL APPROPRIATION
. . . .
(($81,509,000))
     
$66,374,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $300,000 of the multimodal transportation accountstate appropriation is provided solely for a consultant study of ultra high-speed ground transportation. "Ultra high-speed" means two hundred fifty miles per hour or more. The study must identify the costs and benefits of ultra high-speed ground transportation along a north-south alignment in Washington state. The study must provide:
(a) An update to the high speed ground transportation study commissioned pursuant to chapter 231, Laws of 1991 and delivered to the governor and legislature on October 15, 1992;
(b) An analysis of an ultra high-speed ground transportation alignment between Vancouver, British Columbia and Portland, Oregon with stations in: Vancouver, British Columbia; Bellingham, Everett, Seattle, SeaTac, Tacoma, Olympia, and Vancouver, Washington; and Portland, Oregon, with an option to connect with an east-west alignment in Washington state and with a similar system in the state of California; and
(c) An analysis of the following key elements:
(i) Economic feasibility;
(ii) Forecasted demand;
(iii) Corridor identification;
(iv) Land use and economic development and environmental implications;
(v) Compatibility with other regional transportation plans, including interfaces and impacts on other travel modes such as air transportation;
(vi) Technological options for ultra high-speed ground transportation, both foreign and domestic;
(vii) Required specifications for speed, safety, access, and frequency;
(viii) Identification of existing highway or railroad rights-of-way that are suitable for ultra high-speed travel, including identification of additional rights-of-way that may be needed and the process for acquiring those rights-of-way;
(ix) Institutional arrangements for carrying out detailed system planning, construction, and operations; and
(x) An analysis of potential financing mechanisms for an ultra high-speed travel system.
The department shall provide a report of its study findings to the governor and transportation committees of the legislature by December 15, 2017.
(2)(a) $450,000 of the multimodal transportation account—private/local appropriation and $750,000 of the multimodal transportation accountstate appropriation is provided solely for a consultant business case analysis of ultra high-speed ground transportation. The business case analysis must build on the results of the 2017 Washington state ultra high-speed ground transportation feasibility study.
(b) The business case analysis must include an advisory group with members as provided in this subsection. The president of the senate shall appoint one member from each of the two largest caucuses of the senate; the speaker of the house of representatives shall appoint one member from each of the two largest caucuses of the house of representatives; the governor or his or her designee; the secretary of transportation or his or her designee; the director of the department of commerce or his or her designee; the rail director of the department of transportation or his or her designee; and representatives from communities and stakeholders from public and private sectors relevant to the analysis, including from the province of British Columbia and the state of Oregon.
(c) The department shall provide a report of its findings to the governor and transportation committees of the legislature by June 30, 2019.
Sec. 820. 2018 c 297 s 223 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATIONLOCAL PROGRAMSPROGRAM ZOPERATING
Motor Vehicle AccountState Appropriation
. . . .
(($11,347,000))
     
$11,346,000
Motor Vehicle AccountFederal Appropriation
. . . .
$2,567,000
Multiuse Roadway Safety AccountState Appropriation
. . . .
$132,000
TOTAL APPROPRIATION
. . . .
(($14,046,000))
     
$14,045,000
The appropriations in this section are subject to the following conditions and limitations: $1,100,000 of the motor vehicle accountstate appropriation is provided solely for the department, from amounts set aside out of statewide fuel taxes distributed to counties according to RCW 46.68.120(3), to contract with the Washington state association of counties to: Provide statewide updates to transportation metrics and financial reporting; develop and implement an inventory of county culvert and short-span bridge infrastructure; and develop and implement enhanced road safety data in support of county road systemic safety programs. The Washington state association of counties must develop and implement data collection, management, and reporting in cooperation with state agencies involved with the collection and maintenance of related inventory systems.
TRANSPORTATION AGENCIESCAPITAL
Sec. 901. 2018 c 297 s 301 (uncodified) is amended to read as follows:
FOR THE FREIGHT MOBILITY STRATEGIC INVESTMENT BOARD
Freight Mobility Investment AccountState
Appropriation
. . . .
(($22,507,000))
     
$17,321,000
Highway Safety AccountState Appropriation
. . . .
$2,000,000
Motor Vehicle AccountFederal Appropriation
. . . .
(($3,250,000))
     
$1,000,000
Freight Mobility Multimodal AccountState
Appropriation
. . . .
(($22,283,000))
     
$11,680,000
((Freight Mobility Multimodal AccountPrivate/Local
Appropriation
. . . .
$1,320,000))
TOTAL APPROPRIATION
. . . .
(($51,360,000))
     
$32,001,000
Sec. 902. 2018 c 297 s 303 (uncodified) is amended to read as follows:
FOR THE COUNTY ROAD ADMINISTRATION BOARD
Rural Arterial Trust AccountState Appropriation
. . . .
(($63,186,000))
     
$45,186,000
Motor Vehicle AccountState Appropriation
. . . .
$706,000
County Arterial Preservation AccountState
Appropriation
. . . .
$38,434,000
TOTAL APPROPRIATION
. . . .
(($102,326,000))
     
$84,326,000
Sec. 903. 2018 c 297 s 304 (uncodified) is amended to read as follows:
FOR THE TRANSPORTATION IMPROVEMENT BOARD
Small City Pavement and Sidewalk AccountState
Appropriation
. . . .
(($5,780,000))
     
$3,880,000
Transportation Improvement AccountState
Appropriation
. . . .
(($279,300,000))
     
$268,100,000
Multimodal Transportation AccountState
Appropriation
. . . .
$14,670,000
TOTAL APPROPRIATION
. . . .
(($299,750,000))
     
$286,650,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The entire multimodal transportation account—state appropriation is provided solely for the complete streets program.
(2) $9,687,000 of the transportation improvement accountstate appropriation is provided solely for:
(a) The arterial preservation program to help low tax-based, medium-sized cities preserve arterial pavements;
(b) The small city pavement program to help cities meet urgent preservation needs; and
(c) The small city low-energy street light retrofit program.
Sec. 904. 2018 c 297 s 305 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATIONFACILITIESPROGRAM D(DEPARTMENT OF TRANSPORTATION-ONLY PROJECTS)CAPITAL
Motor Vehicle AccountState Appropriation
. . . .
$10,070,000
Connecting Washington AccountState Appropriation
. . . .
(($26,537,000))
     
$24,466,000
Transportation Partnership AccountState
Appropriation
. . . .
$17,000
TOTAL APPROPRIATION
. . . .
(($36,624,000))
     
$34,553,000
The appropriations in this section are subject to the following conditions and limitations:
(1) (($17,237,000))$15,166,000 of the connecting Washington accountstate appropriation is provided solely for a new Olympic region maintenance and administration facility to be located on the department-owned site at the intersection of Marvin Road and 32nd Avenue in Lacey, Washington.
(2) $9,300,000 of the connecting Washington accountstate appropriation is provided solely for a new administration facility on Euclid Avenue in Wenatchee, Washington.
(3)(a) $3,400,000 of the motor vehicle accountstate appropriation is provided solely for the department facility located at 15700 Dayton Ave N in Shoreline. This appropriation is contingent upon the department of ecology ((and department of licensing)) signing a not less than twenty-year agreement to pay ((proportional))a share((s)) of ((an annual amount equal to)) any financing contract issued pursuant to chapter 39.94 RCW.
(b) Payments from the ((department of licensing and)) department of ecology as described in this subsection shall be deposited into the motor vehicle account.
(c) Total project costs are not to exceed $46,500,000.
*Sec. 905. 2018 c 297 s 306 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATIONIMPROVEMENTSPROGRAM I
Transportation Partnership AccountState
Appropriation
. . . .
(($689,745,000))
     
$617,572,000
Motor Vehicle AccountState Appropriation
. . . .
(($72,967,000))
     
$65,459,000
Motor Vehicle AccountFederal Appropriation
. . . .
(($253,410,000))
     
$226,018,000
Motor Vehicle AccountPrivate/Local Appropriation
. . . .
(($49,330,000))
     
$48,821,000
Connecting Washington AccountState
Appropriation
. . . .
(($1,215,013,000))
     
$1,067,841,000
Special Category C AccountState Appropriation
. . . .
(($11,000,000))
     
$11,100,000
Multimodal Transportation AccountState
Appropriation
. . . .
(($16,299,000))
     
$13,562,000
Alaskan Way Viaduct Replacement Project AccountState
Appropriation
. . . .
(($122,047,000))
     
$122,044,000
Transportation 2003 Account (Nickel Account)State
Appropriation
. . . .
(($52,457,000))
     
$39,625,000
Interstate 405 Express Toll Lanes Operations AccountState
Appropriation
. . . .
(($6,258,000))
     
$6,222,000
TOTAL APPROPRIATION
. . . .
(($2,488,526,000))
     
$2,218,264,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Except as provided otherwise in this section, the entire connecting Washington accountstate appropriation and the entire transportation partnership accountstate appropriation are provided solely for the projects and activities as listed by fund, project, and amount in LEAP Transportation Document ((2018))2019-1 as developed ((March 5))April 27, ((2018))2019, Program - Highway Improvements 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 ((601 of this act))601 of this act, chapter . . ., Laws of 2019 (this act).
(2) Except as otherwise provided in this section, the entire transportation 2003 account (nickel account)state appropriation is provided solely for the projects and activities as listed in LEAP Transportation Document ((2018))2019-1 as developed ((March 5))April 27, ((2018))2019, Program – Highway Improvements Program (I).
(3) Except as provided otherwise in this section, the entire motor vehicle accountstate appropriation and motor vehicle accountfederal appropriation are provided solely for the projects and activities listed in LEAP Transportation Document ((2018))2019-2 ALL PROJECTS as developed ((March 5))April 27, ((2018))2019, Program - Highway Improvements Program (I). Any federal funds gained through efficiencies, adjustments to the federal funds forecast, additional congressional action not related to a specific project or purpose, or the federal funds redistribution process must then be applied to highway and bridge preservation activities.
(4) Within the motor vehicle accountstate appropriation and motor vehicle accountfederal appropriation, the department may transfer funds between programs I and P, except for funds that are otherwise restricted in this act. The department shall submit a report on fiscal year funds transferred in the prior fiscal year using this subsection as part of the department's annual budget submittal.
(5) The connecting Washington account—state appropriation includes up to $323,175,000 in proceeds from the sale of bonds authorized in RCW 47.10.889.
(6) The transportation 2003 account (nickel account)state appropriation includes up to $25,000,000 in proceeds from the sale of bonds authorized in RCW 47.10.861.
(7) The transportation partnership accountstate appropriation includes up to $367,622,000 in proceeds from the sale of bonds authorized in RCW 47.10.873.
(8) The Alaskan Way viaduct replacement project accountstate appropriation includes up to (($122,047,000))$122,044,000 in proceeds from the sale of bonds authorized in RCW 47.10.873.
(9) The motor vehicle accountstate appropriation includes up to $43,448,000 in proceeds from the sale of bonds authorized in RCW 47.10.843.
(10) (($194,258,000))$194,263,000 of the transportation partnership accountstate appropriation, $7,000 of the motor vehicle accountfederal appropriation, (($27,903,000))$27,904,000 of the motor vehicle accountprivate/local appropriation, (($30,097,000))$30,098,000 of the transportation 2003 account (nickel account)state appropriation, (($122,047,000))$122,044,000 of the Alaskan Way viaduct replacement project accountstate appropriation, and (($2,663,000))$827,000 of the multimodal transportation accountstate appropriation are provided solely for the SR 99/Alaskan Way Viaduct Replacement project (809936Z).
(11) $12,500,000 of the multimodal transportation accountstate appropriation is provided solely for transit mitigation for the SR 99/Viaduct Project - Construction Mitigation project (809940B).
(12) Within existing resources, during the regular sessions of the legislature, the department of transportation shall participate in work sessions, before the transportation committees of the house of representatives and senate, on the Alaskan Way viaduct replacement project. These work sessions must include a report on current progress of the project, timelines for completion, outstanding claims, the financial status of the project, and any other information necessary for the legislature to maintain appropriate oversight of the project. The parties invited to present may include the department of transportation, the Seattle tunnel partners, and other appropriate stakeholders.
(13) $7,769,000 of the transportation partnership accountstate appropriation, $6,744,000 of the transportation 2003 account (nickel account)state appropriation, $215,000 of the motor vehicle accountfederal appropriation, and $5,000,000 of the special category C accountstate appropriation are provided solely for the US 395/North Spokane Corridor project (600010A). Any future savings on the project must stay on the US 395/Interstate 90 corridor and be made available to the current phase of the North Spokane corridor project or any future phase of the project in 2017-2019.
(14) (($27,415,000))$4,220,000 of the transportation partnership accountstate appropriation, $16,000 of the motor vehicle accountlocal appropriation, and (($13,158,000))$353,000 of the transportation 2003 account (nickel account)state 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. Any future savings on this project or other Interstate 405 corridor projects must stay on the Interstate 405 corridor and be made available to either the I-405/SR 167 Interchange - Direct Connector project (140504C), the I-405 Renton to Bellevue project (M00900R), or the I-405/SR 522 to I-5 Capacity Improvements project (L2000234) in the 2017-2019 fiscal biennium.
(15) $4,960,000 of the transportation partnership account—state appropriation and $3,000,000 of the Interstate 405 express toll lanes operations accountstate appropriation are provided solely for the I-405/SR 522 to I-5 Capacity Improvements project (L2000234) for activities related to adding capacity on Interstate 405 between state route number 522 and Interstate 5, with the goals of increasing vehicle throughput and aligning project completion with the implementation of bus rapid transit in the vicinity of the project. The transportation partnership accountstate appropriation funding is a transfer or a reappropriation of a transfer from the I-405/Kirkland Vicinity Stage 2 - Widening project due to savings, and will start an additional phase of this I-405 project.
(16)(a) The SR 520 Bridge Replacement and HOV project (8BI1003) is supported over time from multiple sources, including a $300,000,000 TIFIA loan, $924,615,000 in Garvee bonds, toll revenues, state bonds, interest earnings, and other miscellaneous sources.
(b) (($78,958,000))$49,353,000 of the transportation partnership accountstate appropriation, $12,296,000 of the motor vehicle accountfederal appropriation, and (($232,000))$50,000 of the motor vehicle accountlocal appropriation are provided solely for the SR 520 Bridge Replacement and HOV project (8BI1003).
(c) When developing the financial plan for the project, 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.
(17) The department shall itemize all future requests for the construction of buildings on a project list and submit them through the transportation executive information system as part of the department's annual budget submittal. It is the intent of the legislature that new facility construction must be transparent and not appropriated within larger highway construction projects.
(18) Any advisory group that the department convenes during the 2017-2019 fiscal biennium must consider the interests of the entire state of Washington.
(19) It is the intent of the legislature that for the I-5 JBLM Corridor Improvements project (M00100R), the department shall actively pursue $50,000,000 in federal funds to pay for this project to supplant state funds in the future. $50,000,000 in connecting Washington account funding must be held in unallotted status during the 2021-2023 fiscal biennium. These funds may only be used after the department has provided notice to the office of financial management that it has exhausted all efforts to secure federal funds from the federal highway administration and the department of defense.
(20) (($93,651,000))$133,651,000 of the connecting Washington accountstate appropriation is provided solely for the SR 167/SR 509 Puget Sound Gateway project (M00600R).
(a) Any savings on the project must stay on the Puget Sound Gateway corridor until the project is complete.
(b) Proceeds from the sale of any surplus real property acquired for the purpose of building the SR 167/SR 509 Puget Sound Gateway (M00600R) project must be deposited into the motor vehicle account for the purpose of constructing the project.
(21)(a) In making budget allocations to the Puget Sound Gateway project, the department shall implement the project's construction as a single corridor investment. The department shall develop a coordinated corridor construction and implementation plan for state route number 167 and state route number 509 in collaboration with affected stakeholders. Specific funding allocations must be based on where and when specific project segments are ready for construction to move forward and investments can be best optimized for timely project completion. Emphasis must be placed on avoiding gaps in fund expenditures for either project.
(b) The secretary of transportation must develop a memorandum of understanding with local project stakeholders that identifies a schedule for stakeholders to provide local matching funds for the Puget Sound Gateway project. Criteria for eligibility of local match includes matching funds and equivalent in-kind contributions including, but not limited to, land donations. The memorandum of understanding must be finalized by July 1, 2018. The department must submit a copy of the memorandum of understanding to the transportation committees of the legislature and report regularly on the status of the requirements outlined in this subsection (21)(b) and (c) of this subsection.
(c) During the course of developing the memorandum of understanding, the department must evaluate the project schedules to determine if there are any benefits to be gained by moving the project schedule forward. It is the legislature's intent that if the department identifies any savings after the funding gap on the base project is closed as part of the proposal to expedite the project, that these cost savings shall go toward construction of a full single-point urban interchange at the junction of state route number 161 (Meridian avenue) and state route number 167 and a full single-point urban interchange at the junction of state route number 509 and 188th Street. If the department receives additional funds from an outside source for this project after the funding gap on the base project is closed, the funds must be applied toward the completion of these two full single-point urban interchanges.
(d) For the SR 167/SR 509 Puget Sound Gateway project (M00600R) the department is strongly encouraged to work to relocate any significant businesses currently located within the planned path of the state route number 509/Interstate 5 under-crossing to a location within the Kent city limits. The department shall provide regular updates on its progress to the joint transportation committee and affected stakeholders.
(e) In designing the state route number 509/state route number 516 interchange component of the SR 167/SR 509 Puget Sound Gateway project (M00600R), the department shall make every effort to utilize the preferred "4B" design.
(22) It is the intent of the legislature that, for the I-5/North Lewis County Interchange project (L2000204), the department develop and design the project with the objective of significantly improving access to the industrially zoned properties in north Lewis county. The design must consider the county's process of investigating alternatives to improve such access from Interstate 5 that began in March 2015.
(23)(a) (($2,000,000))$1,050,000 of the transportation partnership accountstate appropriation and $942,000 of the motor vehicle accountstate appropriation are provided solely for the U.S. 2 Trestle IJR project (L1000158).
(b) Of the amounts provided in this subsection, $942,000 of the motor vehicle accountstate appropriation is provided solely for the department to complete an interchange justification report (IJR) for the U.S. 2 trestle, covering the state route number 204 and 20th Street interchanges at the end of the westbound structure.
(((a)))(c) The department shall develop the IJR in close collaboration with affected local jurisdictions, including Snohomish county and the cities of Everett, Lake Stevens, Marysville, Snohomish, and Monroe.
(((b)))(d) Within the amount provided for the IJR, the department must address public outreach and the overall operational approval of the IJR.
(((c)))(e) The department shall complete the IJR and submit the final report to the governor and the transportation committees of the legislature by July 1, 2018.
(24)(a) The legislature recognizes that the city of Mercer Island has unique access issues that require the use of Interstate 90 to leave the island and that this access may be affected by the I-90/Two-Way Transit and HOV Improvements project. One of the most heavily traveled on-ramps from Mercer Island to the westbound Interstate 90 general purpose lanes is from Island Crest Way. The department must continue to consult with the city of Mercer Island and the other signatories to the 1976 memorandum of agreement to preserve access provided to Mercer Island by the Island Crest Way on-ramp, and thus grandfather in the current use of the on-ramp for both high occupancy vehicles as well as vehicles seeking to access the general purpose lanes of Interstate 90. The department must consider all reasonable access solutions, including allowing all vehicles to use the Island Crest Way on-ramp to access the new high occupancy vehicle lane with a reasonable and safe distance provided for single-occupancy vehicles to merge into the general purpose lanes.
(b) A final access solution for Mercer Island must consider the following criteria: Safety; operational effects on all users, including maintaining historic access to Interstate 90 provided from Mercer Island by Island Crest Way; enforcement requirements; and compliance with state and federal law.
(c) The department may not restrict by occupancy the westbound on-ramp from Island Crest Way until a final access solution that meets the criteria in (b) of this subsection has been reached.
(25) (($3,258,000))$3,222,000 of the Interstate 405 express toll lanes operations accountstate appropriation is provided solely for the I-405 NB Hard Shoulder Running – SR 527 to I-5 project (L1000163).
(26) The legislature finds that there are sixteen companies involved in wood preserving in the state that employ four hundred workers and have an annual payroll of fifteen million dollars. Before the department's switch to steel guardrails, ninety percent of the twenty-five hundred mile guardrail system was constructed of preserved wood and one hundred ten thousand wood guardrail posts were produced annually for state use. Moreover, the policy of using steel posts requires the state to use imported steel. Given these findings, where practicable, and until June 30, 2019, the department shall include the design option to use wood guardrail posts, in addition to steel posts, in new guardrail installations. The selection of posts must be consistent with the agency design manual policy that existed before December 2009.
(27) For the SR 526 Corridor Improvements project (N52600R), the department shall look holistically at the state route number 526 corridor from the state route number 526/Interstate 5 interchange at the east end to the southwest Everett industrial area and Boeing's west access road on the west end. The department, working with affected jurisdictions and stakeholders, shall select project elements that best maximize mobility and congestion relief in the corridor and draw from project elements identified in a practical solutions process.
(28)(a) For projects funded as part of the 2015 connecting Washington transportation package listed on the LEAP transportation document identified in subsection (1) of this section, if the department expects to have substantial reappropriations for the 2019-2021 fiscal biennium, the department may, on a pilot basis, apply funding from a project with an appropriation that cannot be used for the current fiscal biennium to advance one or more of the following projects:
(i) SR 20/Sharpes Corner Vicinity Intersection (L1000112);
(ii) I-5/Marvin Road/SR 510 Interchange (L1100110);
(iii) I-5/Northbound On-ramp at Bakerview (L2000119);
(iv) US 395/Ridgeline Intersection (L2000127);
(v) I-90/Eastside Restripe Shoulders (L2000201);
(vi) SR 240/Richland Corridor Improvements (L2000202);
(vii) SR 14/Bingen ((Overpass))Underpass (L2220062);
(viii) US Hwy 2 Safety (N00200R);
(ix) SR 520/148th Ave NE Overlake Access Ramp (L1100101);
(x) SR 28/SR 285 North Wenatchee Area Improvements (L2000061);
(xi) I-5/Rebuild Chamber Way Interchange Improvements (L2000223);
(xii) SR 28 East Wenatchee Corridor Improvements (T10300R);
(xiii) SR 3 Freight Corridor (T30400R); or
(xiv) SR 510/Yelm Loop Phase 2 (T32700R).
(b) At least ten business days before advancing a project pursuant to this subsection, the department must notify the office of financial management and the transportation committees of the legislature. The advancement of a project may not hinder the delivery of the projects for which the reappropriations are necessary for the 2019-2021 fiscal biennium.
(29) Within existing resources and in consultation with local communities, the department shall begin planning efforts, including traffic data collection, analysis and evaluation, scoping, and environmental review, for roundabouts at the intersection of state route number 900 and SE May Valley Road and at the intersection of state route number 169 and Cedar Grove Road SE.
(30) The legislature continues to prioritize the replacement of the state's aging infrastructure and recognizes the importance of reusing and recycling construction aggregate and recycled concrete materials in our transportation system.
To accomplish Washington state's sustainability goals in transportation and in accordance with RCW 70.95.805, the legislature reaffirms its direction to the department to lead the way in advancing the reuse and recycling of construction aggregate and recycled concrete materials whenever readily available, to use these recycled products when cost competitive, and to work with industry implementation partners to remove obstacles that unnecessarily preclude or inhibit their use and implement strategies for the reuse and recycling of construction aggregate and recycled concrete materials.
Specific steps and efforts made to achieve these objectives and accomplishments shall be included in the annual report to the legislature as required by RCW 70.95.807.
(31) Within existing resources, the department shall implement a safety solution after evaluating barrier and mitigation options on state route number 167 between the intersections with 50th Ave E and E 40th Street in Pierce county to prevent vehicles from leaving the roadway and entering private property below the grade of the highway.
(32) $350,000 of the motor vehicle accountstate appropriation is provided solely for implementation of chapter 288 (Substitute Senate Bill No. 5806), Laws of 2017 (I-5 Columbia river bridge), listed as Replacement Bridge on Interstate 5 across the Columbia River project number (L2000259).
(33) For the SR 520 Seattle Corridor Improvements – West End project (M00400R), the legislature recognizes the department must acquire the entirety of parcel number 1-23190 for construction of the project. The department shall work with its design-build contractor to ensure to the maximum extent practicable that the building housing any grocery store or market currently located on parcel number 1-23190 will be preserved. The legislature recognizes the city of Seattle has requirements in the project area that the department must address and that those requirements may affect the use of parcel number 1-23190 and may affect the ability of the department to preserve any grocery store or market currently located on the property. The department shall meet and confer regularly with residents in the vicinity of the parcel regarding the status of the project and its effects on any grocery store or market currently located on the property. The legislature strongly encourages the city to utilize maximum flexibility in how the department meets the city's requirements and to be an equal partner in efforts to preserve any grocery store or market on parcel number 1-23190.
*Sec. 905 is partially vetoed. See message at end of chapter.
Sec. 906. 2018 c 297 s 307 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATIONPRESERVATIONPROGRAM P
Recreational Vehicle AccountState Appropriation
. . . .
$3,584,000
High Occupancy Toll Lanes Operations AccountState
Appropriation
. . . .
(($161,000))
     
$1,000
Transportation Partnership AccountState
Appropriation
. . . .
$12,785,000
Highway Safety AccountState Appropriation
. . . .
$1,000
Motor Vehicle AccountState Appropriation
. . . .
(($63,246,000))
     
$65,250,000
Motor Vehicle AccountFederal Appropriation
. . . .
(($579,624,000))
     
$579,810,000
Motor Vehicle AccountPrivate/Local Appropriation
. . . .
$11,739,000
State Route Number 520 Corridor AccountState
Appropriation
. . . .
$1,747,000
Connecting Washington AccountState Appropriation
. . . .
(($204,242,000))
     
$193,867,000
Tacoma Narrows Toll Bridge AccountState Appropriation
. . . .
(($856,000))
     
$918,000
Transportation 2003 Account (Nickel Account)State
Appropriation
. . . .
$57,849,000
TOTAL APPROPRIATION
. . . .
(($935,833,000))
     
$927,551,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Except as provided otherwise in this section, the entire connecting Washington accountstate appropriation and the entire transportation partnership accountstate appropriation are provided solely for the projects and activities as listed by fund, project, and amount in LEAP Transportation Document ((2018))2019-1 as developed ((March 5))April 27, ((2018))2019, 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 ((601 of this act))601 of this act, chapter . . ., Laws of 2019 (this act).
(2) Except as otherwise provided in this section, the entire transportation 2003 account (nickel account)state appropriation is provided solely for the projects and activities as listed in LEAP Transportation Document ((2018))2019-1 as developed ((March 5))April 27, ((2018))2019, Program – Highway Preservation Program (P).
(3) Except as provided otherwise in this section, the entire motor vehicle accountstate appropriation and motor vehicle accountfederal appropriation are provided solely for the projects and activities listed in LEAP Transportation Document ((2018-2))2019-2 ALL PROJECTS as developed ((March 5))April 27, ((2018))2019, Program - Highway Preservation Program (P). Any federal funds gained through efficiencies, adjustments to the federal funds forecast, additional congressional action not related to a specific project or purpose, or the federal funds redistribution process must then be applied to highway and bridge preservation activities.
(4) Within the motor vehicle accountstate appropriation and motor vehicle accountfederal appropriation, the department may transfer funds between programs I and P, except for funds that are otherwise restricted in this act. The department shall submit a report on fiscal year funds transferred in the prior fiscal year using this subsection as part of the department's annual budget submittal.
(5) The transportation 2003 account (nickel account)state appropriation includes up to $29,553,000 in proceeds from the sale of bonds authorized in RCW 47.10.861.
(6) The motor vehicle accountstate appropriation includes up to $29,985,000 in proceeds from the sale of bonds authorized in RCW 47.10.843.
(7) $11,553,000 of the connecting Washington accountstate appropriation is provided solely for the land mobile radio upgrade (G2000055) and is subject to the conditions, limitations, and review provided in section 701, chapter 313, Laws of 2017. The land mobile radio project is subject to technical oversight by the office of the chief information officer. The department, in collaboration with the office of the chief information officer, shall identify where existing or proposed mobile radio technology investments should be consolidated, identify when existing or proposed mobile radio technology investments can be reused or leveraged to meet multiagency needs, increase mobile radio interoperability between agencies, and identify how redundant investments can be reduced over time. The department shall also provide quarterly reports to the technology services board on project progress.
(8) (($3,000,000))$5,000,000 of the motor vehicle accountstate appropriation is provided solely for extraordinary costs incurred from litigation awards, settlements, or dispute mitigation activities not eligible for funding from the self-insurance fund. The amount provided in this subsection must be held in unallotted status until the department submits a request to the office of financial management that includes documentation detailing litigation-related expenses. The office of financial management may release the funds only when it determines that all other funds designated for litigation awards, settlements, and dispute mitigation activities have been exhausted. No funds provided in this subsection may be expended on any legal fees related to the SR 99/Alaskan Way viaduct replacement project.
(9) $20,755,000 of the motor vehicle accountfederal appropriation and $844,000 of the motor vehicle accountstate appropriation are provided solely for the preservation of structurally deficient bridges or bridges that are at risk of becoming structurally deficient. These funds must be used widely around the state of Washington. When practicable, the department shall pursue design-build contracts for these bridge projects to expedite delivery. The department shall provide a report that identifies the progress of each project funded in this subsection as part of its annual agency budget request.
(10) The appropriation in this section includes funding for starting planning, engineering, and construction of the Elwha River bridge replacement. To the greatest extent practicable, the department shall maintain public access on the existing route.
(11)(a) $9,014,000 of the motor vehicle accountfederal appropriation and $217,000 of the motor vehicle accountstate appropriation are provided solely for weigh station preservation (0BP3006). These amounts must be held in unallotted status, except that the director of the office of financial management may approve allotment of the funds upon fulfillment of the conditions of (b) of this subsection.
(b) The department and the Washington state patrol shall jointly submit a prioritized list of weigh station projects to the office of financial management by October 1, 2017. Projects submitted must include estimated costs for preliminary engineering, rights-of-way, and construction and must also consider the timing of any available funding for weigh station projects.
(12) The department must consult with the Washington state patrol and the office of financial management during the design phase of any improvement or preservation project that could impact Washington state patrol weigh station operations. During the design phase of any such project, the department must estimate the cost of designing around the affected weigh station's current operations, as well as the cost of moving the affected weigh station.
(13) During the course of any planned resurfacing or other preservation activity on state route number 26 between Colfax and Othello in the 2017-2019 fiscal biennium, the department must add dug-in reflectors.
(14) The department shall continue to monitor the test patch of pavement that used electric arc furnace slag as an aggregate and report back to the legislature by December 1, 2018, on its comparative wear resistance, skid resistance, and feasibility for use throughout the state in new pavement construction.
(15) For projects funded as part of the 2015 connecting Washington transportation package listed on the LEAP transportation document identified in subsection (1) of this section, if the department expects to have substantial reappropriations for the 2019-2021 fiscal biennium, the department may, on a pilot basis, apply funding from a project with an appropriation that cannot be used for the current fiscal biennium to advance the US 12/Wildcat Bridge Replacement project (L2000075). At least ten business days before advancing the project pursuant to this subsection, the department must notify the office of financial management and the transportation committees of the legislature. The advancement of the project may not hinder the delivery of the projects for which the reappropriations are necessary for the 2019-2021 fiscal biennium.
(16) Within the connecting Washington accountstate appropriation, the department may transfer funds from Highway System Preservation (L1100071) to other preservation projects listed in the LEAP transportation document identified in subsection (1) of this section, if it is determined necessary for completion of these high priority preservation projects. The department's next budget submittal after using this subsection must appropriately reflect the transfer.
Sec. 907. 2018 c 297 s 308 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATIONTRAFFIC OPERATIONS—PROGRAM QCAPITAL
Motor Vehicle AccountState Appropriation
. . . .
(($6,636,000))
     
$5,753,000
Motor Vehicle AccountFederal Appropriation
. . . .
(($5,566,000))
     
$5,578,000
Motor Vehicle AccountPrivate/Local Appropriation
. . . .
(($649,000))
     
$650,000
TOTAL APPROPRIATION
. . . .
(($12,851,000))
     
$11,981,000
The appropriations in this section are subject to the following conditions and limitations: The department shall set aside a sufficient portion of the motor vehicle account—state appropriation for federally selected competitive grants or congressional earmark projects that require matching state funds. State funds set aside as matching funds for federal projects must be accounted for in project 000005Q and remain in unallotted status until needed for those federal projects.
*Sec. 908. 2018 c 297 s 309 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION—WASHINGTON STATE FERRIES CONSTRUCTIONPROGRAM W
Puget Sound Capital Construction AccountState
Appropriation
. . . .
(($72,024,000))
     
$65,777,000
Puget Sound Capital Construction AccountFederal
Appropriation
. . . .
(($205,032,000))
     
$199,623,000
Puget Sound Capital Construction AccountPrivate/Local
Appropriation
. . . .
(($27,196,000))
     
$27,197,000
Transportation Partnership AccountState
Appropriation
. . . .
(($2,923,000))
     
$1,892,000
Connecting Washington AccountState Appropriation
. . . .
(($136,918,000))
     
$121,996,000
Multimodal Transportation AccountState Appropriation
. . . .
$2,734,000
Transportation 2003 Account (Nickel Account)State
Appropriation
. . . .
$4,169,000
TOTAL APPROPRIATION
. . . .
(($450,996,000))
     
$423,388,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Except as provided otherwise in this section, the entire appropriations in this section are provided solely for the projects and activities as listed in LEAP Transportation Document ((2018))2019-2 ALL PROJECTS as developed ((March 5))April 27, ((2018))2019, Program - Washington State Ferries Capital Program (W) and is contingent upon the enactment of subsection (6) of this section.
(2) $27,825,000 of the Puget Sound capital construction accountfederal appropriation, (($44,485,000))$29,485,000 of the connecting Washington accountstate appropriation, and $1,483,000 of the Puget Sound capital construction accountstate appropriation are provided solely for the Mukilteo ferry terminal (952515P). To the greatest extent practicable and within available resources, the department shall design the new terminal to be a net-zero energy building. To achieve this goal, the department shall evaluate using highly energy efficient equipment and systems, and the most appropriate renewable energy systems for the needs and location of the terminal. To the extent practicable, the department shall avoid the closure of, or disruption to, any existing public access walkways in the vicinity of the terminal project during construction. Of the amounts provided in this subsection, $750,000 of the Puget Sound capital construction accountstate appropriation is provided solely for additional photovoltaic panels for this project.
(3) $94,671,000 of the Puget Sound capital construction accountfederal appropriation, $46,919,000 of the connecting Washington accountstate appropriation, $26,949,000 of the Puget Sound capital construction accountprivate/local appropriation, $2,734,000 of the multimodal transportation accountstate appropriation, $511,000 of the Puget Sound capital construction accountstate appropriation, and $679,000 of the transportation 2003 (nickel account)state appropriation are provided solely for the Seattle Terminal Replacement project (900010L).
(4) (($5,000,000))$7,100,000 of the Puget Sound capital construction accountstate appropriation is provided solely for emergency capital repair costs (999910K). Funds may only be spent after approval by the office of financial management.
(5) $950,000 of the Puget Sound capital construction accountstate appropriation is provided solely for life extension of the existing ticketing system and ORCA acceptance (998521A and 998521B). The ferry system shall work with Washington technology solutions and the tolling division on the development of a new, interoperable ticketing system.
(6)(a) The department shall, in consultation with the office of financial management, hire an independent planning consultant to assist with overall scope development of a new ferry system long-range plan, including incorporating the items listed in (b) of this subsection. The independent planning consultant must have experience in planning for other ferry systems.
(b) The department shall update the ferries division long-range plan by January 1, 2019. In reviewing the changing needs of the users of the ferry system and the associated funding opportunities and challenges, the department must include, but is not limited to, the following elements in the new long-range plan:
(i) Identify changes in the demographics of users of the system;
(ii) Review route timetables and propose adjustments that take into consideration ridership volume, vessel load times, proposed and current passenger-only ferry system ridership, and other operational needs;
(iii) Review vessel needs by route and propose a vessel replacement schedule, vessel retirement schedule, and estimated number of vessels needed. This analysis should also articulate a reserve vessel strategy;
(iv) Identify the characteristics most appropriate for replacement vessels, such as passenger and car-carrying capacity, while taking into consideration other cost-driving factors. These factors should include:
(A) Anticipated crewing requirements;
(B) Fuel type;
(C) Other operating and maintenance costs;
(v) Review vessel dry dock needs, consider potential impacts of the United States navy, and propose strategies to meet these needs;
(vi) Address the seismic vulnerability of the system and articulate emergency preparedness plans;
(vii) Evaluate leased and state-owned property locations for the ferry headquarters, to include an analysis of properties outside the downtown area of Seattle;
(viii) Evaluate strategies that may help spread peak ridership, such as time-of-day ticket pricing and expanding the reservation system; and
(ix) Identify operational changes that may reduce costs, such as nighttime tie-up locations.
(c) The department shall submit a status report on the long-range plan update to the governor and the transportation committees of the legislature by June 30, 2018, and a final report by January 1, 2019.
(7) $600,000 of the Puget Sound capital construction account—state appropriation is provided solely for development of a request for proposal to convert the three ferry vessels in the Jumbo Mark II class to hybrid electric propulsion and make associated necessary modifications to the Seattle, Bainbridge, Edmonds, and Kingston terminals. The department is directed to explore capital project financing options to include, but not be limited to, federal funding opportunities, private or local contributions, application for Volkswagen settlement funds, and energy-savings performance contracting to be repaid in whole or in part by fuel-cost savings. The department will report total capital cost estimates, optimal construction schedule, annual capital and operating savings or costs, and a recommended funding option to the governor and to the transportation committees of the legislature by June 30, 2019.
*Sec. 908 is partially vetoed. See message at end of chapter.
Sec. 909. 2018 c 297 s 310 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATIONRAILPROGRAM YCAPITAL
Essential Rail Assistance AccountState Appropriation
. . . .
(($845,000))
     
$710,000
Transportation Infrastructure AccountState
Appropriation
. . . .
(($7,575,000))
     
$5,388,000
Multimodal Transportation AccountState
Appropriation
. . . .
(($79,357,000))
     
$74,965,000
Multimodal Transportation AccountFederal
Appropriation
. . . .
(($59,814,000))
     
$43,175,000
TOTAL APPROPRIATION
. . . .
(($147,591,000))
     
$124,238,000
The appropriations in this section are subject to the following conditions and limitations:
(1) 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 ((2018))2019-2 ALL PROJECTS as developed ((March 5))April 27, ((2018))2019, Program - Rail Program (Y).
(2) (($7,009,000))$5,000,000 of the transportation infrastructure account—state appropriation is provided solely for new low-interest loans approved by the department through the freight rail investment bank (FRIB) program. The department shall issue FRIB program loans with a repayment period of no more than ten years, and charge only so much interest as is necessary to recoup the department's costs to administer the loans. The department shall report annually to the transportation committees of the legislature and the office of financial management on all FRIB loans issued.
(3) $7,017,000 of the multimodal transportation accountstate appropriation and $24,000 of the essential rail assistance accountstate appropriation are provided solely for new statewide emergent freight rail assistance projects identified in the LEAP transportation document referenced in subsection (1) of this section.
(4) $367,000 of the transportation infrastructure accountstate appropriation and $1,100,000 of the multimodal transportation accountstate appropriation are provided solely to reimburse Highline Grain, LLC for approved work completed on Palouse River and Coulee City (PCC) railroad track in Spokane county between the BNSF Railway Interchange at Cheney and Geiger Junction and must be administered in a manner consistent with freight rail assistance program projects. The value of the public benefit of this project is expected to meet or exceed the cost of this project in: Shipper savings on transportation costs; jobs saved in rail-dependent industries; and/or reduced future costs to repair wear and tear on state and local highways due to fewer annual truck trips (reduced vehicle miles traveled). The amounts provided in this subsection are not a commitment for future legislatures, but it is the legislature's intent that future legislatures will work to approve biennial appropriations until the full $7,337,000 cost of this project is reimbursed.
(5)(a) $686,000 of the essential rail assistance accountstate appropriation, $422,000 of the multimodal transportation accountstate appropriation, and $21,000 of the transportation infrastructure accountstate appropriation are provided solely for the purpose of the rehabilitation and maintenance of the Palouse river and Coulee City railroad line (F01111B).
(b) Expenditures from the essential rail assistance accountstate in this subsection may not exceed the combined total of:
(i) Revenues and transfers deposited into the essential rail assistance account from leases and sale of property relating to the Palouse river and Coulee City railroad; and
(ii) Revenues transferred from the miscellaneous program account to the essential rail assistance account, pursuant to RCW 47.76.360, for the purpose of sustaining the grain train program by maintaining the Palouse river and Coulee City railroad.
(6) The department shall issue a call for projects for the freight rail assistance program, and shall evaluate the applications in a manner consistent with past practices as specified in section 309, chapter 367, Laws of 2011. By November 15, 2018, the department shall submit a prioritized list of recommended projects to the office of financial management and the transportation committees of the legislature.
(7) For projects funded as part of the 2015 connecting Washington transportation package identified on the LEAP transportation document identified in subsection (1) of this section, if the department expects to have substantial reappropriations for the 2019-2021 fiscal biennium, the department may, on a pilot basis, apply funding from a project with an appropriation that cannot be used for the current fiscal biennium to advance the South Kelso Railroad Crossing project (L1000147). At least ten business days before advancing a project pursuant to this subsection, the department must notify the office of financial management and the transportation committees of the legislature. The advancement of a project may not hinder the delivery of the projects for which the reappropriations are necessary for the 2019-2021 fiscal biennium.
(8) It is the intent of the legislature to encourage the department to pursue federal grant opportunities leveraging up to $6,696,000 in connecting Washington programmed funds to be used as a state match to improve the state-owned Palouse river and Coulee City system. The amount listed in this subsection is not a commitment for future legislatures, but is the legislature's intent that future legislatures will work to approve biennial appropriations up to a state match share not to exceed $6,696,000 of a grant award.
(9) $5,608,000 of the multimodal transportation accountstate appropriation is provided solely as expenditure authority for any insurance proceeds received by the state for Passenger Rail Equipment Replacement (project 700010C). The department must use this expenditure authority only to purchase passenger rail equipment that has been competitively procured.
Sec. 910. 2018 c 297 s 311 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATIONLOCAL PROGRAMSPROGRAM ZCAPITAL
Highway Infrastructure AccountState Appropriation
. . . .
(($1,083,000))
     
$583,000
Highway Infrastructure AccountFederal Appropriation
. . . .
$488,000
Transportation Partnership AccountState
Appropriation
. . . .
(($2,321,000))
     
$1,571,000
Highway Safety AccountState Appropriation
. . . .
(($4,287,000))
     
$3,487,000
Motor Vehicle AccountState Appropriation
. . . .
(($28,659,000))
     
$16,791,000
Motor Vehicle AccountFederal Appropriation
. . . .
(($71,614,000))
     
$64,414,000
Motor Vehicle AccountPrivate/Local Appropriation
. . . .
(($18,000,000))
     
$7,500,000
Connecting Washington AccountState Appropriation
. . . .
(($137,387,000))
     
$66,400,000
Multimodal Transportation AccountState
Appropriation
. . . .
(($82,382,000))
     
$59,999,000
TOTAL APPROPRIATION
. . . .
(($346,221,000))
     
$221,233,000
The appropriations in this section are subject to the following conditions and limitations:
(1) 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 ((2018))2019-2 ALL PROJECTS as developed ((March 5))April 27, ((2018))2019, Program - Local Programs Program (Z).
(2) The amounts identified in the LEAP transportation document referenced under subsection (1) of this section for pedestrian safety/safe routes to school are as follows:
(a) (($18,380,000 of the multimodal transportation accountstate appropriation is provided solely for newly selected pedestrian and bicycle safety program projects. $14,219,000))$26,659,000 of the multimodal transportation accountstate appropriation and (($1,846,000))$1,096,000 of the transportation partnership accountstate appropriation are ((reappropriated))provided solely for pedestrian and bicycle safety program projects ((selected in the previous biennia)) (L2000188).
(b) (($11,400,000))$15,681,000 of the motor vehicle accountfederal appropriation ((and $7,750,000)), $6,824,000 of the multimodal transportation accountstate appropriation ((are provided solely for newly selected safe routes to school projects. $11,181,000 of the motor vehicle accountfederal appropriation, $1,394,000 of the multimodal transportation accountstate appropriation)), and (($4,287,000))$3,487,000 of the highway safety accountstate appropriation are ((reappropriated))provided solely for safe routes to school projects ((selected in the previous biennia)) (L2000189). The department may consider the special situations facing high-need areas, as defined by schools or project areas in which the percentage of the children eligible to receive free and reduced-price meals under the national school lunch program is equal to, or greater than, the state average as determined by the department, when evaluating project proposals against established funding criteria while ensuring continued compliance with federal eligibility requirements.
(3) The department shall submit a report to the transportation committees of the legislature by December 1, 2017, and December 1, 2018, on the status of projects funded as part of the pedestrian safety/safe routes to school grant program. The report must include, but is not limited to, a list of projects selected and a brief description of each project's status.
(4) (($32,984,000))$23,701,000 of the multimodal transportation accountstate appropriation is provided solely for bicycle and pedestrian projects listed in the LEAP transportation document referenced in subsection (1) of this section.
(5) $43,800,000 of the motor vehicle account—federal appropriation is provided solely for national highway freight network projects identified on the project list submitted in accordance with section 218(4)(b), chapter 14, Laws of 2016 on October 31, 2016. The department shall validate the projects on the list. Only tier one projects on the prioritized freight project list that are validated by the department may receive funding under this subsection. The department shall continue to work with the Washington state freight advisory committee to improve project screening and validation to support project prioritization and selection, including during the freight mobility plan update in 2017. The department may compete for funding under this program and shall provide an updated prioritized freight project list when submitting its 2019-2021 budget request. To the greatest extent practicable, the department shall follow the Washington state freight advisory committee recommendation to allocate ten percent of the funds in this subsection to multimodal projects as permitted under the fixing America's surface transportation (FAST) act.
(6) It is the expectation of the legislature that the department will be administering a local railroad crossing safety grant program for $7,400,000 in federal funds during the 2017-2019 fiscal biennium. Of the amounts identified in this subsection, a minimum of $500,000 must be for railroad grade-crossing safety grants at locations where multiple pedestrian or bicyclist fatalities have occurred in the vicinity of a grade-crossing in the last five years.
(7) (($8,000,000))$4,840,000 of the connecting Washington accountstate appropriation is provided solely for the Covington Connector (L2000104). The amounts described in the LEAP transportation document referenced in subsection (1) of this section are not a commitment by future legislatures, but it is the legislature's intent that future legislatures will work to approve appropriations in the 2019-2021 fiscal biennium to reimburse the city of Covington for approved work completed on the project up to the full $24,000,000 cost of this project.
(8)(a) For projects funded as part of the 2015 connecting Washington transportation package listed on the LEAP transportation document identified in subsection (1) of this section, if the department expects to have substantial reappropriations for the 2019-2021 fiscal biennium, the department may, on a pilot basis, apply funding from a project with an appropriation that cannot be used for the current fiscal biennium to advance one or more of the following projects:
(i) SR 502 Main Street Project/Widening (L2000065);
(ii) Complete SR 522 Improvements-Kenmore (T10600R);
(iii) Issaquah-Fall City Road (L1000094);
(iv) Lewis Street Bridge (L2000066);
(v) Covington Connector (L2000104);
(vi) Orchard Street Connector (L2000120);
(vii) Harbour Reach Extension (L2000136);
(viii) Sammamish Bridge Corridor (L2000137);
(ix) Brady Road (L2000164);
(x) Thornton Road Overpass (L2000228);
(xi) I-5/Port of Tacoma Road Interchange (L1000087);
(xii) Wilburton Reconnection Project (G2000006);
(xiii) SR 520 Trail Grade Separation at 40th Street (G2000013);
(xiv) Bay Street Pedestrian Project (G2000015); or
(xv) Cowiche Canyon Trail (G2000010).
(b) At least ten business days before advancing a project pursuant to this subsection, the department must notify the office of financial management and the transportation committees of the legislature. The advancement of a project may not hinder the delivery of the projects for which the reappropriations are necessary for the 2019-2021 fiscal biennium.
TRANSFERS AND DISTRIBUTIONS
Sec. 1001. 2018 c 297 s 401 (uncodified) is amended to read as follows:
FOR THE STATE TREASURERBOND 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
Transportation Partnership AccountState
Appropriation
. . . .
(($4,646,000))
     
$2,046,000
Motor Vehicle AccountState Appropriation
. . . .
(($736,000))
     
$396,000
Connecting Washington AccountState Appropriation
. . . .
(($3,199,000))
     
$1,699,000
Highway Bond Retirement AccountState
Appropriation
. . . .
(($1,229,874,000))
     
$1,279,604,000
Ferry Bond Retirement AccountState Appropriation
. . . .
(($28,873,000))
     
$28,223,000
Transportation Improvement Board Bond Retirement
AccountState Appropriation
. . . .
$13,254,000
Nondebt-Limit Reimbursable Bond Retirement
AccountState Appropriation
. . . .
$26,391,000
Toll Facility Bond Retirement AccountState
Appropriation
. . . .
$86,493,000
Transportation 2003 Account (Nickel Account)State
Appropriation
. . . .
(($450,000))
     
$250,000
TOTAL APPROPRIATION
. . . .
(($1,393,916,000))
     
$1,438,356,000
Sec. 1002. 2018 c 297 s 403 (uncodified) is amended to read as follows:
FOR THE STATE TREASURERSTATE REVENUES FOR DISTRIBUTION
Motor Vehicle Account—State Appropriation:
For motor vehicle fuel tax distributions to
cities and counties
. . . .
(($508,182,000))
     
$508,105,000
Sec. 1003. 2018 c 297 s 404 (uncodified) is amended to read as follows:
FOR THE STATE TREASURERTRANSFERS
Motor Vehicle Account—State Appropriation:
For motor vehicle fuel tax refunds and
statutory transfers
. . . .
(($2,145,972,000))
     
$2,142,063,000
Sec. 1004. 2018 c 297 s 405 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF LICENSINGTRANSFERS
Motor Vehicle Account—State Appropriation:
For motor vehicle fuel tax refunds and
transfers
. . . .
(($203,535,000))
     
$221,282,000
Sec. 1005. 2018 c 297 s 406 (uncodified) is amended to read as follows:
FOR THE STATE TREASURERADMINISTRATIVE TRANSFERS
(1) ((Highway Safety AccountState Appropriation:
For transfer to the Motor Vehicle AccountState
. . . .
$30,000,000
(2) Transportation Partnership AccountState
Appropriation: For transfer to the Connecting
Washington AccountState
. . . .
$10,946,000
(3) Motor Vehicle AccountState Appropriation:
For transfer to the Connecting Washington
AccountState
. . . .
$56,464,000
(4))) Motor Vehicle AccountState Appropriation:
For transfer to the Freight Mobility Investment
AccountState
. . . .
(($8,511,000))
     
$1,255,000
(((5)))(2) Motor Vehicle AccountState Appropriation:
For transfer to the Puget Sound Capital
Construction AccountState
. . . .
(($20,000,000))
     
$15,000,000
(((6)))(3) Motor Vehicle AccountState Appropriation:
For transfer to the Rural Arterial Trust
AccountState
. . . .
$4,844,000
(((7)))(4) Motor Vehicle AccountState Appropriation:
For transfer to the Transportation Improvement
AccountState
. . . .
$9,688,000
(((8)))(5) Highway Safety AccountState Appropriation:
For transfer to the State Patrol Highway
AccountState
. . . .
(($33,000,000))
     
$2,000,000
(((9) Puget Sound Ferry Operations AccountState
Appropriation: For transfer to the Connecting
Washington AccountState
. . . .
$1,305,000
(10)))(6) Rural Mobility Grant Program AccountState
Appropriation: For transfer to the Multimodal
Transportation AccountState
. . . .
$3,000,000
(((11)))(7) State Route Number 520 Civil Penalties
AccountState Appropriation: For transfer to
the State Route Number 520 Corridor
AccountState
. . . .
$2,000,000
(((12)))(8) Capital Vessel Replacement AccountState
Appropriation: For transfer to the Connecting
Washington AccountState
. . . .
$36,500,000
(((13)))(9) Multimodal Transportation AccountState
Appropriation: For transfer to the Freight
Mobility Multimodal AccountState
. . . .
(($8,511,000))
     
$1,255,000
(((14)))(10) Multimodal Transportation AccountState
Appropriation: For transfer to the Puget Sound
Capital Construction AccountState
. . . .
$34,000,000
(((15)))(11) Multimodal Transportation AccountState
Appropriation: For transfer to the Puget Sound
Ferry Operations AccountState
. . . .
(($20,000,000))
     
$25,000,000
(((16)))(12) Multimodal Transportation AccountState
Appropriation: For transfer to the Regional
Mobility Grant Program AccountState
. . . .
$27,679,000
(((17)))(13) Multimodal Transportation AccountState
Appropriation: For transfer to the Rural
Mobility Grant Program AccountState
. . . .
$15,223,000
(((18)))(14) Tacoma Narrows Toll Bridge AccountState
Appropriation: For transfer to the Motor Vehicle
AccountState
. . . .
$950,000
(((19)))(15) Transportation 2003 Account (Nickel Account)
State Appropriation: For transfer to the Connecting
Washington AccountState
. . . .
(($22,970,000))
     
$18,000,000
(((20)))(16)(a) Interstate 405 Express Toll Lanes Operations
AccountState Appropriation: For transfer to the
Motor Vehicle AccountState
. . . .
$2,019,000
(b) The transfer identified in this subsection is provided solely to repay in full the motor vehicle accountstate appropriation loan from section 407(19), chapter 222, Laws of 2014.
(((21)))(17)(a) Transportation Partnership AccountState
Appropriation: For transfer to the Alaskan Way Viaduct
Replacement Project AccountState
. . . .
$122,047,000
(b) The amount transferred in this subsection represents that portion of the up to $200,000,000 in proceeds from the sale of bonds authorized in RCW 47.10.873, intended to be sold through the 2021-2023 fiscal biennium, used only for construction of the SR 99/Alaskan Way Viaduct Replacement project (809936Z), and that must be repaid from the Alaskan Way viaduct replacement project account consistent with RCW 47.56.864.
(((22)(a)))(18)(a) Motor Vehicle AccountState Appropriation:
For transfer to the Tacoma Narrows Toll Bridge
AccountState
. . . .
$5,000,000
(b) The transfer in this subsection must be made in April 2019. It is the intent of the legislature that this transfer is temporary, for the purpose of minimizing the impact of toll increases, and an equivalent reimbursing transfer is to occur in November 2019.
(((23)))(19) Motor Vehicle AccountState Appropriation:
For transfer to the County Arterial Preservation
AccountState
. . . .
$4,844,000
(((24)))(20)(a) General Fund AccountState Appropriation:
For transfer to the State Patrol Highway
AccountState
. . . .
$625,000
(b) The state treasurer shall transfer the funds only after receiving notification from the Washington state patrol under section 207(6) ((of this act)), chapter 297, Laws of 2018.
(((25)))(21)(a) Motor Vehicle AccountState Appropriation:
For transfer to the Alaskan Way Viaduct Replacement
Project AccountState
. . . .
(($11,337,000))
     
$9,992,000
(b) The funds provided in (a) of this subsection are a loan to the Alaskan Way viaduct replacement project accountstate, and the legislature assumes that these funds will be reimbursed to the motor vehicle accountstate at a later date when the portion of state route number 99 that is a deep bore tunnel is operational.
(((26) Multimodal Transportation AccountState
Appropriation: For transfer to the Highway Safety
AccountState
. . . .
$7,000,000
(27)))(22)(a) Alaskan Way Viaduct Replacement Project
AccountState Appropriation: For transfer to the
Transportation Partnership AccountState
. . . .
(($2,400,000))
     
$1,471,000
(b) The amount transferred in this subsection represents repayment of debt service incurred for the construction of the SR 99/Alaskan Way Viaduct Replacement Project (809936Z).
(23) Transportation 2003 Account (Nickel Account)
State Appropriation: For transfer to the Motor
Vehicle AccountState. . . .$10,000,000
MISCELLANEOUS 2017-2019 FISCAL BIENNIUM
Sec. 1101. 2018 c 297 s 701 (uncodified) is amended to read as follows:
ACQUISITION OF PROPERTIES AND FACILITIES THROUGH FINANCIAL CONTRACTS
(1) The department of transportation is authorized, subject to the conditions in ((section 305(3) of this act))section 305(3), chapter 297, Laws of 2018, to enter into a financing contract pursuant to chapter 39.94 RCW through the state treasurer's lease-purchase program for the purposes indicated. The department may use any funds, appropriated or nonappropriated, in not more than the principal amounts indicated, plus financing expenses and required reserves, if any. Expenditures made by the department of transportation for the indicated purposes before the issue date of the authorized financing contract and any certificates of participation therein may be reimbursed from proceeds of the financing contract and any certificates of participation therein to the extent provided in the agency's financing plan approved by the state finance committee.
(2) Department of transportation: Enter into a financing contract for up to $32,500,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to renovate the existing office building at 15700 Dayton Ave N, Shoreline.
NEW SECTION.  Sec. 1102. A new section is added to 2018 c 297 (uncodified) to read as follows:
The appropriations to the department of transportation in chapter 297, Laws of 2018 and this act must be expended for the programs and in the amounts specified in this act. However, after May 1, 2019, unless specifically prohibited, the department may transfer state appropriations for the 2017-2019 fiscal biennium among operating programs after approval by the director of the office of financial management. However, the department shall not transfer state moneys that are provided solely for a specific purpose. The department shall not transfer funds, and the director of the office of financial management shall not approve the transfer, unless the transfer is consistent with the objective of conserving, to the maximum extent possible, the expenditure of state funds and not federal funds. The director of the office of financial management shall notify the appropriate transportation committees of the legislature prior to approving any allotment modifications or transfers under this section.
NEW SECTION.  Sec. 1103. The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective July 1, 2019:
2018 c 297 s 701.
MISCELLANEOUS
NEW SECTION.  Sec. 1201. 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. 1202. 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.
Passed by the House April 28, 2019.
Passed by the Senate April 28, 2019.
Approved by the Governor May 21, 2019, with the exception of certain items that were vetoed.
Filed in Office of Secretary of State May 21, 2019.
Note: Governor's explanation of partial veto is as follows:
"I am returning herewith, without my approval as to Sections 208(5); 208(7); 208(9); 208(12); 208(15); 208(16); 208(17); 208(24); 208(27); 208(28); 208(29); 220, page 42, line 23; page 42, line 38 beginning with "Fuel" through line 39 ending with "process."; page 43, line 3 beginning with "Fuel" through line 4 ending with "process."; page 43, line 15 beginning with "Fuel" through line 16 ending with "process."; page 44, line 10 beginning with "Fuel" through line 11 ending with "process."; page 44, line 31 beginning with "Fuel" through line 32 ending with "process"; page 46, line 5; 304(2); 306(17); 905, page 169, lines 36-38; page 170, lines 18-20; 905(14); 908, page 184, lines 10-12; and 908(1), Engrossed Substitute House Bill No. 1160 entitled:
"AN ACT Relating to transportation funding and appropriations."
Sections 208(5), pages 17-18; 208(7), page 18; 208(15), pages 19-20; 208(16), page 20; 208(17), pages 20-21; 208(27), page 22; and 208(28), pages 22-23, Department of Licensing, Unfunded Studies
The Department of Licensing was tasked with forming several unfunded work groups and conducting studies, while also taking significant budget cuts. The department will not be able to complete all of the directives it has been assigned without additional funding. I am directing the department to undertake these efforts as much as it can within existing resources, prioritizing the work groups that assist active-duty and former military members. For this reason, I have vetoed Sections 208(5), 208(7), 208(15), 208(16), 208(17), 208(27) and 208(28).
Section 304(2), pages 55-56, Transportation Improvement Board, Programmatic Allotments
This section requires the Transportation Improvement Board (TIB) to allot its appropriations by certain programs and to not deviate without legislative consultation. This removes the TIB's authority, which is established in statute, to set its internal program levels. While the Legislature has the authority to appropriate funds, the executive branch has the statutory authority to allot the funds. For these reasons, I have vetoed Section 304(2).
Section 306(17), page 62, Department of Transportation, Highway Improvements, New Rhodes Lake Road Project
This section requires the Washington State Department of Transportation (WSDOT) to support, review, and approve improvements and right-of-way plans following the preferred and recommended alternative of Pierce County's supplemental environmental impact statement for this project, which is a traffic signal. WSDOT conducted an intersection control evaluation process with stakeholders and determined that a roundabout provides the safest and most efficient results for this intersection. WSDOT is the approving authority for intersection control on highways such as State Route 162, and as such, the proviso language conflicts with WSDOT's stewardship of SR 162. For these reasons, I have vetoed Section 306(17).
Section 905, page 169, lines 36-38; page 170, lines 18-20; and Section 905(14), pages 172-173, Department of Transportation, Transportation Partnership Account-State Appropriation, Nickel Account-State Appropriation, and I-405/Kirkland Vicinity Project Delivery
The supplemental budget provides appropriations to the Interstate 405/Kirkland stage 2 project that are lower than expected expenditures and would result in a shortfall of approximately $35 million in the Highway Construction program. For this reason, I have vetoed the supplemental Transportation Partnership Account-State appropriation, the supplemental Nickel Account-State appropriation, and the project proviso in order to increase the appropriation levels. I am directing WSDOT to spend within the appropriation provided by the Legislature, but including the $35 million necessary for the I-405 Kirkland stage 2 project. For these reasons, I have vetoed Section 905, page 169, lines 36-38; page 170, lines 18-20; and Section 905(14).
Section 908, page 184, lines 10-12, and Section 908(1), page 184, Department of Transportation, Puget Sound Capital Construction Account-State Appropriation, Washington State Ferries Construction Program
The supplemental budget removed the ferry dispatch system replacement project, of which $600,000 had already been spent. The appropriation of $600,000 was also removed. Thus, the appropriation level in the Puget Sound Capital Construction account is below what is needed to fund the capital project list in the ferry program. For this reason I have vetoed the supplemental Puget Sound Capital Construction Account-State appropriation and the capital project list, thereby restoring it to previous levels. I am directing WSDOT to spend within the appropriation and capital project list provided by the Legislature, but including the $600,000 that was removed. For these reasons, I have vetoed Section 908, page 184, lines 10-12, and Section 908(1).
Section 220, page 42, line 23; page 42, line 38 beginning with "Fuel" through line 39 ending with "process."; page 43, line 3 beginning with "Fuel" through line 4 ending with "process."; page 43, line 15 beginning with "Fuel" through line 16 ending with "process."; page 44, line 10 beginning with "Fuel" through line 11 ending with "process."; page 44, line 31 beginning with "Fuel" through line 32 ending with "process"; and page 46, line 5
Section 220 includes the following sentence in six provisos: "Fuel type may not be a factor in the grant selection process." This requirement is contrary to, and in direct conflict with, the statutory mandates in RCW 47.66.040 and 47.66.030 that direct WSDOT to consider, among other criteria, energy efficiency issues, and federal and state air quality requirements in selecting programs and projects. In addition, this requirement also conflicts with, or at best substantially impairs, the statutory mandate for the state and for local government subdivisions to transition to zero emission vehicles as articulated in RCW 43.19.648.
The sentence at issue is a policy changethat is, an amendmentto existing statutory requirements. As such, the sentence violates Article II, Section 37, by amending those statutes indirectly and failing to set those statutes forth in full. It also places WSDOT and others in the untenable position of being forced to violate one state law in order to comply with another.
It is well established that the governor's veto powers in Article III, Section 12 of the Washington State Constitution extend to appropriation items and full subsections or provisos in an appropriation bill. It is also well established that our courts will intervene to prevent obvious circumvention of the veto power by the Legislature or equally obvious manipulation of that power by the governor. The addition of this sentence within these provisos constrains my ability to exercise the constitutionally authorized veto powers.
While my veto authority is generally limited to subsections or appropriation items in an appropriation bill, in this very rare and unusual circumstance I have no choice but to veto a single sentence in several subsections to prevent a constitutional violation and to prevent a forced violation of state law.
For these reasons, I have vetoed Section 220, page 42, line 23, page 42, line 38 beginning with "Fuel" through line 39 ending with "process.", page 43, line 3 beginning with "Fuel" through line 4 ending with "process.", page 43, line 15 beginning with "Fuel" through line 16 ending with "process.", page 44, line 10 beginning with "Fuel" through line 11 ending with "process.", page 44, line 31 beginning with "Fuel" through line 32 ending with "process", and page 46, line 5.
I have vetoed the following sections related to bills that did not pass the Legislature, resulting in the lapse of funding. My veto of these sections will serve to clean up these unnecessary sections of the bill.
Section 208(9), pages 18-19, Department of Licensing, SSB 5694, Commercial Beekeeper Drivers
Section 208(12), page 19, Department of Licensing, SSB 5591, Stolen Vehicle Check Fee
Section 208(24), page 22, Department of Licensing, HB 1255, Patches Pal License Plate
Section 208(29), page 23, Department of Licensing, ESHB 1504, Impaired Driving
For these reasons I have vetoed Sections 208(5); 208(7); 208(9); 208(12); 208(15); 208(16); 208(17); 208(24); 208(27); 208(28); 208(29); 220, page 42, line 23; page 42, line 38 beginning with "Fuel" through line 39 ending with "process."; page 43, line 3 beginning with "Fuel" through line 4 ending with "process."; page 43, line 15 beginning with "Fuel" through line 16 ending with "process."; page 44, line 10 beginning with "Fuel" through line 11 ending with "process."; page 44, line 31 beginning with "Fuel" through line 32 ending with "process"; page 46, line 5; 304(2); 306(17); 905, page 169, lines 36-38; page 170, lines 18-20; 905(14); 908, page 184, lines 10-12; and 908(1) of Engrossed Substitute House Bill No. 1160.
With the exception of Sections 208(5); 208(7); 208(9); 208(12); 208(15); 208(16); 208(17); 208(24); 208(27); 208(28); 208(29); 220, page 42, line 23; page 42, line 38 beginning with "Fuel" through line 39 ending with "process."; page 43, line 3 beginning with "Fuel" through line 4 ending with "process."; page 43, line 15 beginning with "Fuel" through line 16 ending with "process."; page 44, line 10 beginning with "Fuel" through line 11 ending with "process."; page 44, line 31 beginning with "Fuel" through line 32 ending with "process"; page 46, line 5; 304(2); 306(17); 905, page 169, lines 36-38; page 170, lines 18-20; 905(14); 908, page 184, lines 10-12; and 908(1), Engrossed Substitute House Bill No. 1160 is approved."
--- END ---