2610-S.E AAS 3/6/92

ESHB 2610 - S COMM AMD

By Committee on Transportation

                                        ADOPTED AS AMENDED 3/56/92

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.  LEGISLATIVE INTENT.  The legislature recognizes that existing transportation facilities in the central Puget Sound area are inadequate to address mobility needs of the area.  The geography of the region, travel demand growth, and public resistance to new roadways combine to further necessitate the rapid development of alternative modes of travel.

    The legislature finds that local governments have been effective in cooperatively planning a multicounty, high capacity transportation system.  However, a continued multijurisdictional approach to funding, construction, and operation of a multicounty high capacity transportation system may impair the successful implementation of such a system.

    The legislature finds that a single agency will be more effective than several local jurisdictions working collectively at planning, developing, operating, and funding a high capacity transportation system.  The single agency's services must be carefully integrated and coordinated with public transportation services currently provided.  As the single agency's services are established, any public transportation services currently provided that are duplicative should be eliminated.  Further, the single agency must coordinate its activities with other agencies providing local and state roadway services, implementing comprehensive planning, and implementing transportation demand management programs and assist in developing infrastructure to support high capacity systems including but not limited to feeder systems, park and ride facilities, intermodal centers, and related roadway and operational facilities.  Coordination can be best achieved through common governance, such as integrated governing boards.

    It is therefore the policy of the state of Washington to empower counties in the state's most populous region to create a local agency for planning and implementing a high capacity transportation system within that region.  The authorization for such an agency, except as specifically provided in this chapter, is not intended to limit the powers of existing transit agencies."

    "NEW SECTION. Sec. 2.  DEFINITIONS.  Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

    (1) "Authority" means a regional transit authority authorized under this chapter.

    (2) "Board" means the board of a regional transit authority.

    (3) "Service area" or "area" means the area included within the boundaries of a regional transit authority.

    (4) "System" means a regional transit system authorized under this chapter and under the jurisdiction of a regional transit authority.

    (5) "Facilities" means any lands, interest in land, air rights over lands, and improvements thereto including vessel terminals, and any equipment, vehicles, vessels, and other components necessary to support the system."

    "NEW SECTION. Sec. 3.  REGIONAL TRANSIT AUTHORITY.  Two or more contiguous counties each having a population of four hundred thousand persons or more may establish a regional transit authority to develop and operate a high capacity transportation system as defined in chapter 81.104 RCW.

    The authority shall be formed in the following manner:

    (1) The joint regional policy committee created pursuant to RCW 81.104.040 shall adopt a system and financing plan, including the definition of the service area.  This action shall be completed by September 1, 1992, contingent upon satisfactory completion of the planning process defined in RCW 81.104.100.  In addition to the requirements of RCW 81.104.100, the plan for the proposed system shall provide explicitly for a minimum portion of new tax revenues to be allocated to local transit agencies for interim express services.  Upon adoption the joint regional policy committee shall immediately transmit the plan to the county legislative authorities within the adopted service area.

    (2) The legislative authorities of the counties within the service area shall decide by resolution whether to participate in the authority.  This action shall be completed within forty-five days following receipt of the adopted plan.

    (3) If any of the counties does not opt to participate in the authority, the joint regional policy committee shall, within forty-five days, redefine the system and financing plan and resubmit the adopted redefined plan to the remaining county legislative authorities for their decision as to whether to participate.  This action shall be completed within forty-five days following receipt of the redefined plan.

    (4) Each county that chooses to participate in the authority shall appoint its board members as set forth in section 4 of this act and shall submit its list of members to the secretary of the Washington state department of transportation.  These actions must be completed within thirty days following each county's decision to participate in the authority.

    (5) The secretary shall call the first meeting of the authority, to be held within thirty days following receipt of the appointments.  At its first meeting, the authority shall elect officers and provide for the adoption of rules and other operating procedures.

    (6) The authority is formally constituted at its first meeting and the board shall begin taking steps toward implementation of the system and financing plan adopted by the joint regional policy committee.  Upon formation of the authority, the joint regional policy committee shall cease to exist.  The authority may make minor modifications to the plan as deemed necessary and shall at a minimum review local transit agencies' plans to ensure feeder service/high capacity transit service integration, ensure fare integration, and ensure avoidance of parallel competitive services.

    (7) The authority shall place on the ballot within two years of the authority's formation, a single ballot proposition to ratify formation of the authority, approve the system and finance plan, and authorize the imposition of the taxes to support the plan within its service area.  In addition to the system plan requirements contained in RCW 81.104.100(2)(d), the system plan submitted to voters shall contain an equity element which:

    (a) Identifies revenues anticipated to be generated by corridor and by county within the authority's boundaries;

    (b) Identifies the phasing of construction and operation of high capacity system facilities, services, and benefits in each corridor.  Phasing decisions should give priority to jurisdictions which have adopted transit-supportive land use plans; and

    (c) Identifies the degree to which revenues generated within each county will benefit the residents of that county, and identifies when such benefits will accrue.

    A simple majority of those voting within the boundaries of the authority is required for approval.  If the vote is affirmative, the authority shall begin implementation of the plan.  However, the authority may not submit any authorizing proposition for voter-approved taxes prior to July 1, 1993; nor may the authority issue bonds or form any local improvement district prior to July 1, 1993.

    (8) If the vote fails, the board may redefine the system and financing plan, make changes to the authority boundaries, and make corresponding changes to the composition of the board.  If the composition of the board is changed, the participating counties shall revise the membership of the board accordingly.  The board may then submit the revised plan to voters.  No single system and financing plan may be submitted to the voters more than twice.

    If the authority is unable to achieve a positive vote within two years from the date of the first election on a system plan, the board may, by resolution, reconstitute the authority as a single-county body.  With a two-thirds vote of the entire membership of the voting members, the board may also dissolve the authority."

    "NEW SECTION. Sec. 4.  GOVERNANCE.  (1) The regional transit authority shall be governed by a board consisting of representatives appointed by the county executive and confirmed by the council or other legislative authority of each member county.  Membership shall be based on population from that portion of each county which lies within the service area.  Board members shall be appointed initially on the basis of one for each one hundred forty-five thousand population within the county.  Such appointments shall be made following consultation with city and town jurisdictions within the service area.  In addition, the secretary of transportation or the secretary's designee shall serve as a member of the board and may have voting status with approval of a majority of the other members of the board.

    Each member of the board except the secretary of transportation or the secretary's designee shall be an elected official who serves on the legislative authority of or as mayor of a city within the boundaries of the authority, or on the legislative authority of the county and fifty percent of the population of whose district is within the authority boundaries.  When making appointments, each county executive shall ensure that representation on the board includes an elected city official representing the largest city in each county and assures proportional representation from other cities, and representation from unincorporated areas of each county within the service area.  At least one-half of all appointees from each county shall serve on the governing authority of a public transportation system.

    Members appointed from each county shall serve staggered four-year terms.  Vacancies shall be filled by appointment for the remainder of the unexpired term of the position being vacated.

    The governing board shall be reconstituted, with regard to the number of representatives from each county, on a population basis, using the official office of financial management population estimates, five years after its initial formation and, at minimum, in the year following each official federal census.  The board membership may be reduced, maintained, or expanded to reflect population changes but under no circumstances may the board membership exceed twenty-five.

    (2) Major decisions of the authority shall require a favorable vote of two-thirds of the entire membership of the voting members.  "Major decisions" include at least the following:  System plan adoption and amendment; system phasing decisions; annual budget adoption; authorization of annexations; modification of board composition; and executive director employment.

    (3) Each member of the board is eligible to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060 and to receive compensation as provided in RCW 43.03.250."

    "NEW SECTION. Sec. 5.  AREA INCLUDED.  (1) At the time of formation, the area to be included within the boundary of the authority shall be that area set forth in the system plan adopted by the joint regional policy committee.  Prior to submitting the system and financing plan to the voters, the authority may make adjustments to the boundaries as deemed appropriate but must assure that, to the extent possible, the boundaries:  (a) Include the largest-population urban growth area designated by each county under chapter 36.70A RCW; and (b) follow election precinct boundaries.  If a portion of any city is determined to be within the service area, the entire city must be included within the boundaries of the authority.

    (2) After voters within the authority boundaries have approved the system and financing plan, elections to add areas contiguous to the authority boundaries may be called by resolution of the regional transit authority, after consultation with affected transit agencies and with the concurrence of the legislative authority of the city or town if the area is incorporated, or with the concurrence of the county legislative authority if the area is unincorporated.  Only those areas that would benefit from the services provided by the authority may be included and services or projects proposed for the area must be consistent with the regional transportation plan.  The election may include a single ballot proposition providing for annexation to the authority boundaries and imposition of the taxes at rates already imposed within the authority boundaries."

    "NEW SECTION. Sec. 6.  AUTHORITY POWERS.  An authority shall have the following powers:

    (1) To establish offices, departments, boards, and commissions that are necessary to carry out the purposes of the authority, and to prescribe the functions, powers, and duties thereof.

    (2) To appoint or provide for the appointment of, and to remove or to provide for the removal of, all officers and employees of the authority.

    (3) To fix the salaries, wages, and other compensation of all officers and employees of the authority.

    (4) To employ such engineering, legal, financial, or other specialized personnel as may be necessary to accomplish the purposes of the authority."

    "NEW SECTION. Sec. 7.  GENERAL POWERS.  In addition to the powers specifically granted by this chapter an authority shall have all powers necessary to implement a high capacity transportation system and to develop revenues for system support.  An authority may contract with the United States or any agency thereof, any state or agency thereof, any public transportation benefit area, any county, county transportation authority, city, metropolitan municipal corporation, special district, or governmental agency, within or without the state, and any private person, firm, or corporation for:  (1) The purpose of receiving gifts or grants or securing loans or advances for preliminary planning and feasibility studies; (2) the design, construction, or operation of high capacity transportation system facilities; or (3) the provision or receipt of services, facilities, or property rights to provide revenues for the system.  An authority shall have the power to contract pursuant to RCW 39.33.050.  In addition, an authority may contract with any governmental agency or with any private person, firm, or corporation for the use by either contracting party of all or any part of the facilities, structures, lands, interests in lands, air rights over lands and rights of way of all kinds which are owned, leased, or held by the other party and for the purpose of planning, constructing, or operating any facility or performing any service that the authority may be authorized to operate or perform, on such terms as may be agreed upon by the contracting parties.  Before any contract for the lease or operation of any authority facilities is let to any private person, firm, or corporation, a general schedule of rental rates for equipment with or without operators applicable to all private certificated carriers shall be publicly posted, and for other facilities competitive bids shall first be called upon such notice, bidder qualifications, and bid conditions as the board shall determine.  This shall allow use of negotiated procurements."

    "NEW SECTION. Sec. 8.  ADDITIONAL POWERS‑-ACQUISITION OF FACILITIES.  An authority shall have the following powers in addition to the general powers granted by this chapter:

    (1) To carry out the planning processes set forth in RCW 81.104.100;

    (2) To acquire by purchase, condemnation, gift, or grant and to lease, construct, add to, improve, replace, repair, maintain, operate, and regulate the use of high capacity transportation facilities and properties within authority boundaries including surface, underground, or overhead railways, tramways, busways, buses, bus sets, entrained and linked buses, ferries, or other means of local transportation except taxis, and including escalators, moving sidewalks, personal rapid transit systems or other people-moving systems, passenger terminal and parking facilities and properties, and such other facilities and properties as may be necessary for passenger, vehicular, and vessel access to and from such people-moving systems, terminal and parking facilities and properties, together with all lands, rights of way, property, equipment, and accessories necessary for such high capacity transportation systems.  When developing specifications for high capacity transportation system operating equipment, an authority shall take into account efforts to establish or sustain a domestic manufacturing capacity for such equipment.  The right of eminent domain shall be exercised by an authority in the same manner and by the same procedure as or may be provided by law for cities of the first class, except insofar as such laws may be inconsistent with the provisions of this chapter.  Public transportation facilities and properties which are owned by any city, county, county transportation authority, public transportation benefit area, or metropolitan municipal corporation may be acquired or used by an authority only with the consent of the agency owning such facilities.  Such agencies are hereby authorized to convey or lease such facilities to an authority or to contract for their joint use on such terms as may be fixed by agreement between the agency and the authority.

    The facilities and properties of an authority whose vehicles will operate primarily within the rights of way of public streets, roads, or highways, may be acquired, developed, and operated without the corridor and design hearings that are required by RCW 35.58.273 for mass transit facilities operating on a separate right of way;

    (3) To dispose of any real or personal property acquired in connection with any authority function and that is no longer required for the purposes of the authority, in the same manner as provided for cities of the first class.  When an authority determines that a facility or any part thereof that has been acquired from any public agency without compensation is no longer required for authority purposes, but is required by the agency from which it was acquired, the authority shall by resolution transfer it to such agency.

    (4) To fix rates, tolls, fares, and charges for the use of such facilities and to establish various routes and classes of service.  Fares or charges may be adjusted or eliminated for any distinguishable class of users."

    "NEW SECTION. Sec. 9.  AGREEMENTS WITH OPERATORS OF HIGH CAPACITY TRANSPORTATION SERVICES.  Except in accordance with an agreement made as provided in this section, upon the date an authority begins high capacity transportation service, no person or private corporation may operate a high capacity transportation service within the authority boundary with the exception of services owned or operated by any corporation or organization solely for the purposes of the corporation or organization and for the use of which no fee or fare is charged.

    The authority and any person or corporation legally operating a high capacity transportation service wholly within or partly within and partly without the authority boundary on the date an authority begins high capacity transportation service may enter into an agreement under which such person or corporation may continue to operate such service or any part thereof for such time and upon such terms and conditions as provided in such agreement.  Such agreement shall provide for a periodic review of the terms and conditions contained therein.  Where any such high capacity transportation service will be required to cease to operate within the authority boundary, the authority may agree with the owner of such service to purchase the assets used in providing such service, or if no agreement can be reached, an authority shall condemn such assets in the manner and by the same procedure as is or may be provided by law for the condemnation of other properties for cities of the first class, except insofar as such laws may be inconsistent with this chapter.

    Wherever a privately owned public carrier operates wholly or partly within an authority boundary, the Washington utilities and transportation commission shall continue to exercise jurisdiction over such operation as provided by law."

    "NEW SECTION. Sec. 10.  TRANSFER OF LOCAL GOVERNMENT POWERS TO AUTHORITY.  An authority shall have and exercise all rights with respect to the construction, acquisition, maintenance, operation, extension, alteration, repair, control and management of high capacity transportation system facilities that are identified in the system plan developed pursuant to RCW 81.104.100 that any city, county, county transportation authority, metropolitan municipal corporation, or public transportation benefit area within the authority boundary has been previously empowered to exercise and such powers shall not thereafter be exercised by such agencies without the consent of the authority.  Nothing in this chapter shall restrict development, construction, or operation of a personal rapid transit system by a city or county.

    An authority may adopt, in whole or in part, and may complete, modify, or terminate any planning, environmental review, or procurement processes related to the high capacity transportation system that had been commenced by a joint regional policy committee or a city, county, county transportation authority, metropolitan municipality, or public transportation benefit area prior to the formation of the authority."

    "NEW SECTION. Sec. 11.  ACQUISITION OF EXISTING SYSTEM.  If an authority acquires any existing components of a high capacity transportation system, it shall assume and observe all existing labor contracts relating to the transportation system and, to the extent necessary for operation of facilities, all of the employees of such acquired transportation system whose duties are necessary to operate efficiently the facilities acquired shall be appointed to comparable positions to those which they held at the time of such transfer, and no employee or retired or pensioned employee of such transportation systems shall be placed in any worse position with respect to pension seniority, wages, sick leave, vacation or other benefits that he or she enjoyed as an employee of the transportation system prior to such acquisition.  At such times as may be required by such contracts, the authority shall engage in collective bargaining with the duly appointed representatives of any employee labor organization having existing contracts with the acquired transportation system and may enter into labor contracts with such employee labor organization.  Facilities and equipment which are acquired after July 1, 1993, related to high capacity transportation services which are to be assumed by the authority as specifically identified in the adopted system plan shall be acquired by the authority in a manner consistent with sections 7 through 10 of this act."

    "NEW SECTION. Sec. 12.  AUTHORITY FINANCES.  The board of an authority, by resolution, shall designate a person having experience in financial or fiscal matters as treasurer of the authority.  The board may designate, with the concurrence of the treasurer, the treasurer of a county within which the authority is located.  Such a treasurer shall possess all of the powers, responsibilities, and duties the county treasurer possesses for a public transportation benefit area authority related to investing surplus authority funds.  The board shall require a bond with a surety company authorized to do business in the state of Washington in an amount and under the terms and conditions the board, by resolution, from time to time finds will protect the authority against loss.  The premium on any such bond shall be paid by the authority.

    All authority funds shall be paid to the treasurer and shall be disbursed by the treasurer only on warrants issued by the authority upon orders or vouchers approved by the board.

    The treasurer shall establish a special fund, into which shall be paid all authority funds, and the treasurer shall maintain such special accounts as may be created by the authority into which shall be placed all money as the board may, by resolution, direct.

    If the treasurer of the authority is the treasurer of a county, all authority funds shall be deposited with the county depositary under the same restrictions, contracts, and security as provided for county depositaries.  If the treasurer of the authority is some other person, all funds shall be deposited in such bank or banks authorized to do business in this state that have qualified for insured deposits under any federal deposit insurance act as the board, by resolution, shall designate.

    The authority may by resolution designate a person having experience in financial or fiscal matters, as the auditor of the authority.  Such auditor shall possess all of the powers, responsibilities, and duties related to creating and maintaining funds, issuing warrants, and maintaining a record of receipts and disbursements.

    The board may provide and require a reasonable bond of any other person handling moneys or securities of the authority, but the authority shall pay the premium on the bond."

    "NEW SECTION. Sec. 13.  BONDING.  Notwithstanding RCW 39.36.020(1), an authority may at any time contract indebtedness or borrow money for authority purposes and may issue general obligation bonds in an amount not exceeding, together with any existing indebtedness of the authority not authorized by the voters, one and one-half percent of the value of the taxable property within the boundaries of the authority; and with the assent of three-fifths of the voters therein voting at an election called for that purpose, may contract indebtedness or borrow money for authority purposes and may issue general obligation bonds therefor, provided the total indebtedness of the authority shall not exceed five percent of the value of the taxable property therein.  Such bonds shall be issued and sold in accordance with chapter 39.46 RCW.

    The term "value of the taxable property" shall have the meaning set forth in RCW 39.36.015."

    "NEW SECTION. Sec. 14.   REVENUE BONDS.  (1) An authority may issue revenue bonds to provide funds to carry out its authorized functions without submitting the matter to the voters of the authority.  The authority shall create a special fund or funds for the sole purpose of paying the principal of and interest on the bonds of each such issue, into which fund or funds the authority may obligate itself to pay such amounts of the gross revenue of the high capacity transportation system constructed, acquired, improved, added to, or repaired out of the proceeds of sale of such bonds, as the authority shall determine and may obligate the authority to pay such amounts out of otherwise unpledged revenue that may be derived from the ownership, use, or operation of properties or facilities owned, used, or operated incident to the performance of the authorized function for which such bonds are issued or out of otherwise unpledged fees, tolls, charges, tariffs, fares, rentals, special taxes, or other sources of payment lawfully authorized for such purpose, as the authority shall determine.  The principal of, and interest on, such bonds shall be payable only out of such special fund or funds, and the owners of such bonds shall have a lien and charge against the gross revenue of such high capacity transportation system or any other revenue, fees, tolls, charges, tariffs, fares, special taxes, or other authorized sources pledged to the payment of such bonds.

    Such revenue bonds and the interest thereon issued against such fund or funds shall be a valid claim of the owners thereof only as against such fund or funds and the revenue pledged therefor, and shall not constitute a general indebtedness of the authority.

    (2) Notwithstanding subsection (1) of this section, such bonds may be issued and sold in accordance with chapter 39.46 RCW."

    "NEW SECTION. Sec. 15.  LOCAL IMPROVEMENT DISTRICTS AUTHORIZED.  (1) An authority may form a local improvement district to provide any transportation improvement it has the authority to provide, impose special assessments on all property specially benefited by the transportation improvements, and issue special assessment bonds or revenue bonds to fund the costs of the transportation improvement.  Local improvement districts shall be created and assessments shall be made and collected pursuant to chapters 35.43, 35.44, 35.49, 35.50, 35.51, 35.53, and 35.54 RCW.

    (2) The board shall by resolution establish for each special assessment bond issue the amount, date, terms, conditions, denominations, maximum fixed or variable interest rate or rates, maturity or maturities, redemption rights, registration privileges, if any, covenants, and form, including registration as to principal and interest, registration as to principal only, or bearer. Registration may include, but not be limited to:  (a) A book entry system of recording the ownership of a bond whether or not physical bonds are issued; or (b) recording the ownership of a bond together with the requirement that the transfer of ownership may only be effected by the surrender of the old bond and either the reissuance of the old bond or the issuance of a new bond to the new owner.  Facsimile signatures may be used on the bonds and any coupons.  The maximum term of any special assessment bonds shall not exceed thirty years beyond the date of issue.  Special assessment bonds issued pursuant to this section shall not be an indebtedness of the authority issuing the bonds, and the interest and principal on the bonds shall only be payable from special assessments made for the improvement for which the bonds were issued and any local improvement guaranty fund that the authority has created.  The owner or bearer of a special assessment bond or any interest coupon issued pursuant to this section shall not have any claim against the authority arising from the bond or coupon except for the payment from special assessments made for the improvement for which the bonds were issued and any local improvement guaranty fund the authority has created.  The authority issuing the special assessment bonds is not liable to the owner or bearer of any special assessment bond or any interest coupon issued pursuant to this section for any loss occurring in the lawful operation of its local improvement guaranty fund. The substance of the limitations included in this subsection shall be plainly printed, written, or engraved on each special assessment bond issued pursuant to this section.

    (3) Assessments shall reflect any credits given by the authority for real property or property right donations made pursuant to RCW 47.14.030.

    (4) The board may establish and pay moneys into a local improvement guaranty fund to guarantee special assessment bonds issued by the authority."

    "NEW SECTION. Sec. 16.  COUNTY ASSESSOR'S DUTIES.  It shall be the duty of the assessor of each component county to certify annually to a regional transit authority the aggregate assessed valuation of all taxable property within the boundaries of the authority as the same appears from the last assessment roll of the county."

    "NEW SECTION. Sec. 17.  INTERIM FINANCING.  A regional transit authority may apply for high capacity transportation account funds and for central Puget Sound account funds for high capacity transit planning and system development.

    Transit agencies contained wholly or partly within a regional transit authority may make grants or loans to the authority for high capacity transportation planning and system development."

    "Sec. 18.  RCW 81.104.010 and 1991 c 318 s 1 are each amended to read as follows:

    Increasing congestion on Washington's roadways calls for identification and implementation of high capacity transportation system alternatives.  (("High capacity transportation system" means a system of public transportation services within an urbanized region operating principally on exclusive rights of way, and the supporting services and facilities necessary to implement such a system, including high occupancy vehicle lanes, which taken as a whole, provides a substantially higher level of passenger capacity, speed, and service frequency than traditional public transportation systems operating principally in general purpose roadways.))  The legislature believes that local jurisdictions should coordinate and be responsible for high capacity transportation policy development, program planning, and implementation.  The state should assist by working with local agencies on issues involving rights of way, partially financing projects meeting established state criteria including development and completion of the high occupancy vehicle lane system, authorizing local jurisdictions to finance high capacity transportation systems through voter‑approved tax options, and providing technical assistance and information."

    "NEW SECTION. Sec. 19.  A new section is added to chapter 81.104 RCW to read as follows:

    Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

    (1) "High capacity transportation system" means a system of public transportation services within an urbanized region operating principally on exclusive rights of way, and the supporting services and facilities necessary to implement such a system, including interim express services and high occupancy vehicle lanes, which taken as a whole, provides a substantially higher level of passenger capacity, speed, and service frequency than traditional public transportation systems operating principally in general purpose roadways.

    (2) "Regional transit system" means a high capacity transportation system under the jurisdiction of one or more transit agencies except where a regional transit authority created under chapter 81.--- RCW (sections 1 through 17 of this act) exists, in which case "regional transit system" means the high capacity transportation system under the jurisdiction of a regional transit authority.

    (3) "Transit agency" means city-owned transit systems, county transportation authorities, metropolitan municipal corporations, and public transportation benefit areas."

    "Sec. 20.  RCW 81.104.030 and 1991 c 318 s 3 and 1991 c 309 s 2 are each reenacted and amended to read as follows:

    (1) In any county with a population of from two hundred ten thousand to less than one million that is not bordered by a county with a population of one million or more, and in each county with a population of less than two hundred ten thousand, ((city‑owned transit systems, county transportation authorities, metropolitan municipal corporations, and public transportation benefit areas)) transit agencies may elect to establish high capacity transportation service.  Such agencies shall form a regional policy committee with proportional representation based upon population distribution within the designated service area and a representative of the department of transportation, or such agencies may use the designated metropolitan planning organization as the regional policy committee.

    ((City‑owned transit systems, county transportation authorities, metropolitan municipal corporations, and public transportation benefit areas)) Transit agencies participating in joint regional policy committees shall seek voter approval within their own service boundaries of a high capacity transportation system plan and financing plan.

    (2) ((City‑owned transit systems, county transportation authorities, metropolitan municipal corporations, and public transportation benefit areas)) Transit agencies in counties adjoining state or international boundaries are authorized to participate in the regional high capacity transportation programs of an adjoining state or Canadian province."

    "Sec. 21.  RCW 81.104.040 and 1991 c 318 s 4 are each amended to read as follows:

    (((1))) Transit agencies in each county with a population of one million or more, and in each county with a population of from two hundred ten thousand to less than one million bordering a county with a population of one million or more that are ((currently)) authorized on January 1, 1991, to provide high capacity transportation planning and operating services((, including but not limited to city‑owned transit systems, county transportation authorities, metropolitan municipal corporations, and public transportation benefit areas,)) must establish through interlocal agreements a joint regional policy committee with proportional representation based upon the population distribution within each agency's designated service area, as determined by the parties to the agreement.

    (((a))) (1) The membership of the joint regional policy committee shall consist of locally elected officials who serve on the legislative authority of the existing transit systems and a representative from the department of transportation.  Nonvoting membership for elected officials from adjoining counties may be allowed at the committee's discretion.

    (((b))) (2) The joint regional policy committee shall be responsible for the preparation and adoption of a regional high capacity transportation implementation program, which shall include the system plan, project plans, and a financing plan.  This program shall be in conformance with the regional transportation planning organization's regional transportation plan and consistent with RCW 81.104.080.

    (((c))) (3) The joint regional policy committee shall present ((a)) an adopted high capacity transportation system plan and financing plan to the boards of directors of the transit agencies within the service area ((for adoption.

    (d) Transit agencies shall present the adopted high capacity transportation system plan and financing plan for voter approval within four years of the execution of the interlocal agreements.  A simple majority vote is required for approval of the high capacity transportation system plan and financing plan in any service district within each county.  The implementation program may proceed in any service area approving the system and financing plans.

    (2) High capacity transportation planning, construction, operations, and funding shall be governed through the interlocal agreement process, including but not limited to provision for a cost allocation and distribution formula, service corridors, station area locations, right of way transfers, and feeder transportation systems.  The interlocal agreement shall include a mechanism for resolving conflicts among parties to the agreement)) or to the regional transit authority, if such authority has been formed.  The authority shall proceed as prescribed in section 3 of this act."

    "Sec. 22.  RCW 81.104.050 and 1991 c 318 s 5 are each amended to read as follows:

    Regional high capacity transportation service ((boundaries)) may be expanded beyond the established ((service)) district boundaries through interlocal agreements among the transit agencies and ((the local jurisdictions within which such expanded service is proposed)) any regional transit authorities in existence."

    "Sec. 23.  RCW 81.104.100 and 1991 sp.s. c 15 s 68 are each amended to read as follows:

To assure development of an effective high capacity transportation system, local authorities shall follow the following planning process:

    (1) Regional, multimodal transportation planning is the ongoing urban transportation planning process conducted in each urbanized area by its regional transportation planning organization.  During this process, regional transportation goals are identified, travel patterns are analyzed, and future land use and travel are projected.  The process provides a comprehensive view of the region's transportation needs but does not select specified modes to serve those needs.  The process shall identify a priority corridor or corridors for further study of high capacity transportation facilities if it is deemed feasible by local officials.

    (2) High capacity transportation system planning is the detailed evaluation of a range of high capacity transportation system options, including:  Do nothing, low capital, and ranges of higher capital facilities.  To the extent possible this evaluation shall take into account the urban mass transportation administration's requirements identified in subsection (3) of this section.

    High capacity transportation system planning shall proceed as follows:

    (a) Organization and management.  The responsible local transit agency or agencies shall define roles for various local agencies, review background information, provide for public involvement, and develop a detailed work plan for the system planning process.

    (b) Development of options.  Options to be studied shall be developed to ensure an appropriate range of technologies and service policies can be evaluated.  A do-nothing option and a low capital option that maximizes the current system shall be developed.  Several higher capital options that consider a range of capital expenditures for several candidate technologies shall be developed.

    (c) Analysis methods.  The local transit agency shall develop reports describing the analysis and assumptions for the estimation of capital costs, operating and maintenance costs, methods for travel forecasting, a financial plan and an evaluation methodology.

    (d) The system plan submitted to the voters pursuant to RCW 81.104.140 shall address, but is not limited to the following issues:

    (i) Identification of level and types of high capacity transportation services to be provided;

    (ii) A plan of high occupancy vehicle lanes to be constructed;

    (iii) Identification of route alignments and station locations with sufficient specificity to permit calculation of costs, ridership, and system impacts;

    (iv) Performance characteristics of technologies in the system plan;

    (v) Patronage forecasts;

    (vi) A financing plan describing:  Phasing of investments; capital and operating costs and expected revenues; cost-effectiveness represented by a total cost per system rider and new rider estimate; estimated ridership and the cost of service for each individual high capacity line (([lane])); and identification of the operating revenue to operating expense ratio.

    The financing plan shall specifically differentiate the proposed use of funds between high capacity transportation facilities and services, and high occupancy vehicle facilities((, and expanded local/feeder service));

    (vii) Description of the relationship between the high capacity transportation system plan and adopted land use plans;

    (viii) An assessment of social, economic, and environmental impacts; and

    (ix) Mobility characteristics of the system presented, including but not limited to:  Qualitative description of system/service philosophy and impacts; qualitative system reliability; travel time and number of transfers between selected residential, employment, and activity centers; and system and activity center mode splits.

    (3) High capacity transportation project planning is the detailed identification of alignments, station locations, equipment and systems, construction schedules, environmental effects, and costs.  High capacity transportation project planning shall proceed as follows:  The local transit agency shall analyze and produce information needed for the preparation of environmental impact statements.  The impact statements shall address the impact that development of such a system will have on abutting or nearby property owners.  The process of identification of alignments and station locations shall include notification of affected property owners by normal legal publication.  At minimum, such notification shall include notice on the same day for at least three weeks in at least two newspapers of general circulation in the county where such project is proposed.  Special notice of hearings by the conspicuous posting of notice, in a manner designed to attract public attention, in the vicinity of areas identified for station locations or transfer sites shall also be provided.

    In order to increase the likelihood of future federal funding, the project planning processes shall follow the urban mass transportation administration's requirements as described in "Procedures and Technical Methods for Transit Project Planning", published by the United States department of transportation, urban mass transportation administration, September 1986, or the most recent edition.  Nothing in this subsection shall be construed to preclude detailed evaluation of more than one corridor in the planning process.

    The department of transportation shall provide system and project planning review and monitoring in cooperation with the expert review panel identified in RCW 81.104.110.  In addition, the local transit agency shall maintain a continuous public involvement program and seek involvement of other government agencies."

    "Sec. 24.  RCW 81.104.120 and 1990 c 43 s 33 are each amended to read as follows:

    (1) ((City‑owned transit service, county transportation authorities, metropolitan municipal corporations, and public transportation benefit areas)) Transit agencies and regional transit authorities may operate or contract for commuter rail service where it is deemed to be a reasonable alternative transit mode.  A reasonable alternative is one whose passenger costs per mile, including costs of trackage, equipment, maintenance, operations, and administration are equal to or less than comparable bus, entrained bus, trolley, or personal rapid transit systems.

    (2) A county may use funds collected under RCW 81.100.030 or 81.100.060 to contract with one or more transit agencies or regional transit authorities for planning, operation, and maintenance of commuter rail projects which:  (a) Are consistent with the regional transportation plan; (b) have met the project planning and oversight requirements of RCW 81.104.100 and 81.104.110; and (c) have been approved by the voters within the service area of each transit agency or regional transit authority participating in the project.  The phrase "approved by the voters" includes specific funding authorization for the commuter rail project.

    (3) The utilities and transportation commission shall maintain safety responsibility for passenger rail service operating on freight rail lines.  Agencies providing passenger rail service on lines other than freight rail lines shall maintain safety responsibility for that service."

    "Sec. 25.  RCW 81.104.140 and 1991 c 318 s 11 and 1991 c 309 s 4 are each reenacted and amended to read as follows:

    (1) Agencies authorized to provide high capacity transportation service, including ((city‑owned transit systems, county transportation authorities, metropolitan municipal corporations and public transportation benefit areas)) transit agencies and regional transit authorities, are hereby granted dedicated funding sources for such systems.  These dedicated funding sources, as set forth in RCW 81.104.150, 81.104.160, and 81.104.170, are authorized only for agencies located in (a) each county with a population of two hundred ten thousand or more and (b) each county with a population of from one hundred twenty‑five thousand to less than two hundred ten thousand except for those counties that do not border a county with a population as described under (a) of this subsection.  In any county with a population of one million or more or in any county having a population of four hundred thousand or more bordering a county with a population of one million or more, these funding sources may be imposed only by a regional transit authority.

    (2) Agencies planning to construct and operate a high capacity transportation system should also seek other funds, including federal, state, local, and private sector assistance.

    (3) Funding sources should satisfy each of the following criteria to the greatest extent possible:

    (a) Acceptability;

    (b) Ease of administration;

    (c) Equity;

    (d) Implementation feasibility;

    (e) Revenue reliability; and

    (f) Revenue yield.

    (4) Agencies participating in regional high capacity transportation system development ((through interlocal agreements)) are authorized to levy and collect the following voter‑approved local option funding sources:

    (a) Employer tax as provided in RCW 81.104.150;

    (b) Special motor vehicle excise tax as provided in RCW 81.104.160; and

    (c) Sales and use tax as provided in RCW 81.104.170.

    Revenues from these taxes may be used only to support those purposes prescribed in subsection (10) of this section.  Before the date of an election authorizing an agency to impose any of the taxes enumerated in this section and authorized in RCW 81.104.150, 81.104.160, and 81.104.170, the agency must comply with the process prescribed in RCW 81.104.100 (1) and (2) and 81.104.110.  No construction on exclusive right of way may occur before the requirements of RCW 81.104.100(3) are met.

    (5) Authorization in subsection (4) of this section shall not adversely affect the funding authority of ((existing)) transit agencies not provided for in this chapter.  Local option funds may be used to support implementation of interlocal agreements with respect to the establishment of regional high capacity transportation service.  Except when a regional transit authority exists, local jurisdictions shall retain control over moneys generated within their boundaries, although funds may be commingled with those generated in other areas for planning, construction, and operation of high capacity transportation systems as set forth in the agreements.

    (6) Agencies planning to construct and operate high capacity transportation systems may contract with the state for collection and transference of voter‑approved local option revenue.

    (7) Dedicated high capacity transportation funding sources authorized in RCW 81.104.150, 81.104.160, and 81.104.170 shall be subject to voter approval by a simple majority.  A single ballot proposition may seek approval for one or more of the authorized taxing sources.  The ballot title shall reference the document identified in subsection (8) of this section.

    (8) Agencies shall provide to the registered voters in the area a document describing the systems plan and the financing plan set forth in RCW 81.104.100.  It shall also describe the relationship of the system to regional issues such as development density at station locations and activity centers, and the interrelationship of the system to adopted land use and transportation demand management goals within the region.  This document shall be provided to the voters at least twenty days prior to the date of the election.

    (9) For any election in which voter approval is sought for a high capacity transportation system plan and financing plan pursuant to RCW 81.104.040, a local voter's pamphlet shall be produced as provided in chapter 29.81A RCW.

    (10) Agencies providing high capacity transportation service shall retain responsibility for revenue encumbrance, disbursement, and bonding.  Funds may be used for any purpose relating to planning, construction, and operation of high capacity transportation systems((,)) and commuter rail systems, ((and feeder transportation systems)) personal rapid transit, busways, bus sets, and entrained and linked buses."

    "Sec. 26.  RCW 81.104.150 and 1990 c 43 s 41 are each amended to read as follows:

    Cities that operate transit systems, county transportation authorities, metropolitan municipal corporations, ((and)) public transportation benefit areas, ((solely for the purpose of providing high capacity transportation service)) and regional transit authorities may submit an authorizing proposition to the voters and if approved may impose an excise tax of up to two dollars per month per employee on all employers located within the agency's jurisdiction, measured by the number of full‑time equivalent employees, solely for the purpose of providing high capacity transportation service.  The rate of tax shall be approved by the voters.  This tax may not be imposed by ((an)):  (1) A transit agency when the county within which it is located is imposing an excise tax pursuant to RCW 81.100.030; or (2) a regional transit authority when any county within the authority's boundaries is imposing an excise tax pursuant to RCW 81.100.030.  The agency imposing the tax authorized in this section may provide for exemptions from the tax to such educational, cultural, health, charitable, or religious organizations as it deems appropriate."

    "Sec. 27.  RCW 81.104.160 and 1991 c 318 s 12 are each amended to read as follows:

    ((Any city that operates a)) Cities that operate transit systems, county transportation ((authority)) authorities, metropolitan municipal corporations, ((or)) public transportation benefit areas, ((solely for the purpose of providing high capacity transportation service)) and regional transit authorities may submit an authorizing proposition to the voters, and if approved, may levy and collect an excise tax, at a rate approved by the voters, but not exceeding eighty one‑hundredths of one percent on the value, under chapter 82.44 RCW, of every motor vehicle owned by a resident of ((such city, county transportation authority, metropolitan municipal corporation, or public transportation benefit area)) the taxing district, solely for the purpose of providing high capacity transportation service.  In any county imposing a motor vehicle excise tax surcharge pursuant to RCW 81.100.060, the maximum tax rate under this section shall be reduced to a rate equal to eighty one‑hundredths of one percent on the value less the equivalent motor vehicle excise tax rate of the surcharge imposed pursuant to RCW 81.100.060.  This rate shall not apply to vehicles licensed under RCW 46.16.070 except vehicles with an unladen weight of six thousand pounds or less, RCW 46.16.079, 46.16.080, 46.16.085, or 46.16.090."

    "Sec. 28.  RCW 81.104.170 and 1990 2nd ex.s. c 1 s 902 are each amended to read as follows:

    ((The legislative bodies of)) Cities that operate transit systems, county transportation authorities, metropolitan municipal corporations, ((and)) public transportation benefit areas, ((solely for the purpose of providing high capacity transportation service)) and regional transit authorities may submit an authorizing proposition to the voters and if approved by a majority of persons voting, fix and impose a sales and use tax in accordance with the terms of this chapter, solely for the purpose of providing high capacity transportation service.

    The tax authorized pursuant to this section shall be in addition to the tax authorized by RCW 82.14.030 and shall be collected from those persons who are taxable by the state pursuant to chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within ((such city, county transportation authority, metropolitan municipal corporation, or public transportation benefit area, as the case may be)) the taxing district.  The maximum rate of such tax shall be approved by the voters and shall not exceed one percent of the selling price (in the case of a sales tax) or value of the article used (in the case of a use tax).  The maximum rate of such tax that may be imposed shall not exceed nine‑tenths of one percent ((if)) in any county that imposes a tax ((is imposed in the county)) under RCW 82.14.340, or within a regional transit authority if any county within the authority imposes a tax under RCW 82.14.340."

    "Sec. 29.  RCW 81.104.180 and 1990 c 43 s 44 are each amended to read as follows:

    Cities that operate transit systems, county transportation authorities, metropolitan municipal corporations, ((and)) public transportation benefit areas, and regional transit authorities are authorized to pledge revenues from the employer tax authorized by RCW 81.104.150, the special motor vehicle excise tax authorized by RCW 81.104.160, and the sales and use tax authorized by RCW 81.104.170, to retire bonds issued solely for the purpose of providing high capacity transportation service."

    "Sec. 30.  RCW 81.104.190 and 1990 c 43 s 45 are each amended to read as follows:

    Cities that operate transit systems, county transportation authorities, metropolitan municipal corporations, ((and)) public transportation benefit areas, and regional transit systems may contract with the state department of revenue or other appropriate entities for administration and collection of any tax authorized by RCW 81.104.150, 81.104.160, and 81.104.170."

    "NEW SECTION. Sec. 31.  A new section is added to chapter 47.80 RCW to read as follows:

    EXECUTIVE BOARD MEMBERSHIP.  In order to qualify for state planning funds available to regional transportation planning organizations, the regional transportation planning organizations containing any county with a population in excess of one million shall provide voting membership on its executive board to the state transportation commission, the state department of transportation, and the three largest public port districts within the region as determined by gross operating revenues.  It shall further assure that at least fifty percent of the county and city local elected officials who serve on the executive board also serve on transit agency boards or on a regional transit authority."

    "NEW SECTION. Sec. 32.  Sections 1 through 17 of this act shall constitute a new chapter in Title 81 RCW."

    "NEW SECTION. Sec. 33.  Section headings as used in this act do not constitute any part of the law."

    "NEW SECTION. Sec. 34.  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. 35.  This act shall take effect July 1, 1992."

ESHB 2610 - S COMM AMD

By Committee on Transportation

                                                    ADOPTED 3/6/92

    On page 1, line 1 of the title, after "transportation;" strike the remainder of the title and insert "amending RCW 81.104.010, 81.104.040, 81.104.050, 81.104.100, 81.104.120, 81.104.150, 81.104.160, 81.104.170, 81.104.180, and 81.104.190; reenacting and amending RCW 81.104.030 and 81.104.140; adding a new section to chapter 81.104 RCW; adding a new section to chapter 47.80 RCW; adding a new chapter to Title 81 RCW; creating a new section; and providing an effective date."