H-1758

AN ACT Relating to student pedestrian safety; amending RCW 58.17.110 and 82.02.090; adding new sections to chapter 28A.160 RCW; creating a new section; and providing an expiration date.

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

NEW SECTION. Sec. 1. The legislature finds that the number of motor vehicles on the roads of the state has increased dramatically in recent years, and that this increase has created unsafe conditions for many of our children as they travel to and from school. The legislature further finds that responsibility to ensure safe walking conditions and bus stops for our children is fragmented, and that inadequate resources have been devoted to improving pedestrian safety.

NEW SECTION. Sec. 2. The school pathway and bus stop improvement program is hereby created. The purpose of the program is to identify roads, streets, and bus stops that are hazardous to school children as they travel to school, and develop a program for making safety improvements.

NEW SECTION. Sec. 3. The school pathway and bus stop improvement program council is established. Membership on the council shall include two members of the senate, two members of the house of representatives, and representatives from the department of transportation, the office of the superintendent of public instruction, school district administrators, school board members, counties, cities, the traffic safety commission, and parents. The president of the senate shall select the senate members and the speaker of the house of representatives shall select the house of representatives members. Representatives of state agencies shall be selected by the respective agency. Other representatives shall be selected by appropriate state-wide organizations. The council shall select a chair from among its members. Staffing and administrative support shall be provided by the legislative transportation committee.

NEW SECTION. Sec. 4. (1) The council established in section 3 of this act shall:

(a) Formulate criteria for identifying the minimum acceptable walkways, bikeways, and school bus stops, and establish minimum design standards for constructing and reconstructing walkways, bikeways, and school bus stops for elementary students;

(b) Based on the identification criteria established in (a) of this subsection: (i) Conduct an inventory of existing walkways and bikeways within a two-mile radius of elementary schools that do not meet the criteria; (ii) conduct an inventory of school bus stops; and (iii) identify priority safety improvement projects for those facilities that do not meet the criteria;

(c) For priority safety improvement projects, the council shall identify which governmental jurisdictions or other parties should be responsible for the improvements and develop an implementation plan designed to ensure that the projects are funded and constructed;

(d) Based on the criteria and standards in (a) of this subsection, formulate recommended guidelines that should be followed to ensure student pedestrian safety within a two-mile radius of new elementary schools. At a minimum, consideration shall be given to school siting guidelines for new schools that incorporate pedestrian safety considerations, construction of pedestrian safety infrastructure improvements within a specified time after new elementary schools are opened, and proposed incentives and enforcement measures to ensure that the safety improvements are completed; and

(e) Estimate the cost of implementing state-wide sidewalk crossing rules.

(2) By June 30, 1992, the council shall submit its recommendations and findings required in subsection (1) of this section to the appropriate committees of the house of representatives and the senate, the governor, local governments, school districts, and other appropriate agencies and organizations. After July 1, 1992, the council shall provide general oversight, coordination, and assistance to local governments, state agencies, and private parties in the consideration and implementation of the recommendations.

Sec. 5. RCW 58.17.110 and 1990 1st ex.s. c 17 s 52 are each amended to read as follows:

(1) The city, town, or county legislative body shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. It shall determine: (a) If appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who ((~~only~~)) walk to and from school; and (b) whether the public interest will be served by the subdivision and dedication.

(2) A proposed subdivision and dedication shall not be approved unless the city, town, or county legislative body makes written findings that: (a) Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, school bus and transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who ((~~only~~)) walk to and from school; and (b) the public use and interest will be served by the platting of such subdivision and dedication. If it finds that the proposed subdivision and dedication make such appropriate provisions and that the public use and interest will be served, then the legislative body shall approve the proposed subdivision and dedication. Dedication of land to any public body, provision of public improvements to serve the subdivision, and/or impact fees imposed under RCW 82.02.050 through 82.02.090 may be required as a condition of subdivision approval. Dedications shall be clearly shown on the final plat. No dedication, provision of public improvements, or impact fees imposed under RCW 82.02.050 through 82.02.090 shall be allowed that constitutes an unconstitutional taking of private property. The legislative body shall not as a condition to the approval of any subdivision require a release from damages to be procured from other property owners.

Sec. 6. RCW 82.02.090 and 1990 1st ex.s. c 17 s 48 are each amended to read as follows:

Unless the context clearly requires otherwise, the following definitions shall apply in RCW 82.02.050 through 82.02.090:

(1) "Development activity" means any construction or expansion of a building, structure, or use, any change in use of a building or structure, or any changes in the use of land, that creates additional demand and need for public facilities.

(2) "Development approval" means any written authorization from a county, city, or town which authorizes the commencement of development activity.

(3) "Impact fee" means a payment of money imposed upon development as a condition of development approval to pay for public facilities needed to serve new growth and development, and that is reasonably related to the new development that creates additional demand and need for public facilities, that is a proportionate share of the cost of the public facilities, and that is used for facilities that reasonably benefit the new development. "Impact fee" does not include a reasonable permit or application fee.

(4) "Owner" means the owner of record of real property, although when real property is being purchased under a real estate contract, the purchaser shall be considered the owner of the real property if the contract is recorded.

(5) "Proportionate share" means that portion of the cost of public facility improvements that are reasonably related to the service demands and needs of new development.

(6) "Project improvements" mean site improvements and facilities that are planned and designed to provide service for a particular development project and that are necessary for the use and convenience of the occupants or users of the project, and are not system improvements. No improvement or facility included in a capital facilities plan approved by the governing body of the county, city, or town shall be considered a project improvement.

(7) "Public facilities" means the following capital facilities owned or operated by government entities: (a) Public streets and roads including sidewalks, pathways, and bus stops; (b) publicly owned parks, open space, and recreation facilities; (c) school facilities; and (d) fire protection facilities in jurisdictions that are not part of a fire district.

(8) "Service area" means a geographic area defined by a county, city, town, or intergovernmental agreement in which a defined set of public facilities provide service to development within the area. Service areas shall be designated on the basis of sound planning or engineering principles.

(9) "System improvements" mean public facilities that are included in the capital facilities plan and are designed to provide service to service areas within the community at large, in contrast to project improvements.

NEW SECTION. Sec. 7. Sections 2 through 4 of this act are each added to chapter 28A.160 RCW.

NEW SECTION. Sec. 8. Sections 1 through 4 of this act shall expire June 30, 1996.