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                       ENGROSSED SUBSTITUTE HOUSE BILL 1231

                  _______________________________________________

 

State of Washington              52nd Legislature             1991 Regular Session

 

By House Committee on Transportation (originally sponsored by Representatives R. Fisher, R. Meyers, Betrozoff and Paris; by request of Office of Financial Management).  Read first time April 5, 1991.  Adopting the 1991-93 transportation budget.


     AN ACT Relating to transportation appropriations; amending RCW 46.68.110 and 46.68.120; creating new sections; and declaring an emergency.

 

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

 

     NEW SECTION.  Sec. 1.  The transportation budget of the state is hereby adopted and, subject to the provisions hereinafter set forth, the several amounts hereinafter specified, or as much thereof as may be necessary to accomplish the purposes designated, are hereby appropriated from the several accounts and funds hereinafter named to the designated state agencies and offices for salaries, wages, 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, 1993.  The appropriation contained in section 41(2) of this act is for the period ending June 30, 1992.

 

     NEW SECTION.  Sec. 2.  FOR THE TRAFFIC SAFETY COMMISSION

Highway Safety Fund Appropriation--State....................... $.......... 399,282

Highway Safety Fund Appropriation--Federal..................... $........ 4,885,582

             TOTAL APPROPRIATION............................... $........ 5,284,864

 

     The appropriations in this section are subject to the following conditions and limitations:  $50,000 of the highway safety fund appropriation-federal is appropriated solely for pilot projects identified by the department of licensing and to be used in conducting an evaluation of driver education and improvement courses mandated in section 10 of this act.  The commission shall help conduct the study and shall work at the direction of the department.

 

     NEW SECTION.  Sec. 3.  FOR THE TRAFFIC SAFETY COMMISSION

 

     The sum of $1,200,000 is appropriated from the public safety and education account to the traffic safety commission solely to continue the DWI task force program.

 

     NEW SECTION.  Sec. 4.  FOR THE BOARD OF PILOTAGE COMMISSIONERS

General Fund‑‑Pilotage Account Appropriation................... $.......... 185,076

 

     The appropriation in this section is subject to the following conditions and limitations:  No more than $80,000 may be expended for attorney general fees.

 

     NEW SECTION.  Sec. 5.  FOR THE COUNTY ROAD ADMINISTRATION BOARD

Motor Vehicle Fund‑-County Arterial Preservation

     Account  $........................................ 22,427,302

Motor Vehicle Fund‑-Rural Arterial Trust Account

     Appropriation............................................. $....... 37,413,938

Motor Vehicle Fund Appropriation............................... $........ 1,189,536

             TOTAL APPROPRIATION............................... $....... 61,030,776

 

     The appropriations in this section are subject to the following conditions and limitations:  $153,319 of the motor vehicle fund‑-county arterial preservation account appropriation and $153,319 of the motor vehicle fund‑-rural arterial trust account appropriation are provided solely to provide assistance to counties with transportation planning.

 

     NEW SECTION.  Sec. 6.  FOR THE TRANSPORTATION IMPROVEMENT BOARD

Motor Vehicle Fund‑-Transportation Improvement

     Account  $........................................ 90,000,000

Motor Vehicle Fund‑-Urban Arterial Trust Account

     Appropriation............................................. $....... 51,846,706

             TOTAL APPROPRIATION............................... $...... 141,846,706

 

     The appropriations in this section are subject to the following conditions and limitations:  Transportation improvement board contributions to construction projects on the state's highway system shall be treated as revenue transfers from the transportation improvement account to the motor vehicle fund to reimburse the department of transportation for expenditures incurred on such projects.

 

     NEW SECTION.  Sec. 7.  FOR THE STATE PATROL‑‑FIELD OPERATIONS BUREAU

General Fund Appropriation..................................... $.......... 936,000

Motor Vehicle Fund‑‑State Patrol Highway Account

     Appropriation‑‑State...................................... $...... 136,500,000

Motor Vehicle Fund‑‑State Patrol Highway Account

     Appropriation‑‑Federal.................................... $........ 3,033,000

             TOTAL APPROPRIATION............................... $...... 140,469,000

 

     The appropriations in this section are subject to the following  conditions and limitations:

     (1) The motor vehicle fund‑‑state patrol highway account‑‑state appropriation in this section includes $5,404,000 for sixty additional traffic troopers.  The sixty officers shall be phased in during the 1991-93 biennium.  The moneys provided are for training classes beginning in July 1991, January 1992, and July 1992.

     (2) The Washington state patrol, department of revenue, and the office of financial management shall report annually to the legislative transportation committee on the number of vehicle license fraud cases investigated, the amount of tax dollars identified as not being paid, and the total collection of vehicle license tax dollars collected as a result of this program.

     (3) From May 1, to December 1, 1991, the Washington state patrol, in cooperation with the trucking and shipping industries, the state department of transportation, the Seattle and Tacoma port authorities, the state transportation policy plan's freight mobility subcommittee, and other interested parties shall enter into a pilot project aimed at identifying the number of containers transported by truck that exceed the legal load limitations of chapter 46.44 RCW.  The purpose of the study is to assess the amount of pavement damage to state highways that may be attributable to containerized cargo moving by truck into and out of the ports within the state of Washington.

     Washington state patrol employees shall weigh trucks carrying containers to and from the ports of Tacoma and Seattle during the pilot project.  If an illegal load is identified at the weighing site, no citation will be issued.  However, operators transporting overweight loads will be advised of the penalties for transporting the load on public highways.

     During the pilot project, the state patrol shall:

     (a) Periodically meet with representatives of the trucking and shipping industries, the state department of transportation, the ports of Seattle and Tacoma, the state transportation policy plan's freight mobility subcommittee, and other interested parties to review the data collected and discuss possible recommendations for consideration by the legislative transportation committee;

     (b) Contact the California and Oregon state agencies that are responsible for truck weight enforcement in an attempt to address the issue on a regional basis; and

     (c) Submit, upon request, progress reports to the legislative transportation committee on data collection, recommendations, and regional cooperation.

     The state patrol shall submit a final report along with its findings and recommendations to the legislative transportation committee by January 15, 1992.

     (4) By January 1, 1992, the state patrol shall establish written and formal agreements with all counties for which traffic-related services are provided by the state patrol.  Such agreements will establish the criteria of fatal accident, injury accident, and emergency call response as the extent of state patrol traffic-related services.  The state patrol shall establish provisions for local reimbursement of the state patrol for services that exceed the extent of allowable traffic-related activities.

 

     NEW SECTION.  Sec. 8.  FOR THE STATE PATROL‑‑SUPPORT SERVICES BUREAU

Motor Vehicle  Fund‑‑State Patrol Highway Account

     Appropriation............................................. $....... 52,914,000

 

     The appropriation in this section is subject to the following conditions and limitations:  $300,000 of the appropriation in this section is provided solely for the development and implementation of the state patrol's incorporation into the transportation executive information system; $100,000 of the appropriation is for services to be provided by the department of transportation.

 

     NEW SECTION.  Sec. 9.  FOR THE DEPARTMENT OF LICENSING‑‑VEHICLE SERVICES

Motor Vehicle Fund--State Appropriation........................ $....... 46,952,000

Motor Vehicle Fund--Local...................................... $........... 50,000

General Fund‑‑Wildlife Account Appropriation................... $.......... 502,000

             TOTAL APPROPRIATION............................... $....... 47,504,000

 

     (1)  The legislature recognizes the need to address issues remaining unresolved from the 1991 title and registration study required by the legislature and the governor.  The intent of the legislature is to better align the fee structure with the costs associated with providing services for the state.  Evidence from the 1991 study indicates inequities exist in cost recovery and/or profits realized between large and small county auditors and their subagents.  Further, no policy exists as regards how counties will treat excess revenues generated from providing this service.  The Washington association of counties, the Washington association of county officials, representatives of the subagents, and the department of licensing, under the direction of the legislature, shall report to the legislative transportation committee by December 15, 1991, their  recommendations for resolving these policy issues and inequities.

     (2) Up to $50,000 of the motor vehicle fund-local is provided for a study of motor vehicle excise, business and occupation, and sales and use taxes on rental vehicle fleets.  The study is to be paid for by the private sector.  Study results are due by January 1, 1993, with an interim report due January 1, 1992, to the legislative transportation committee.  The department of licensing is to work jointly with the department of revenue and the department of transportation, appropriate legislative committees, representatives from rental agencies, and other interested parties.

 

     NEW SECTION.  Sec. 10.  FOR  THE  DEPARTMENT  OF LICENSING‑‑DRIVER SERVICES

General Fund‑‑Public Safety and Education Account

     Appropriation............................................. $........ 4,388,000

Highway Safety Fund Appropriation.............................. $....... 48,376,000

Highway Safety Fund‑‑Motorcycle Safety Education Account

     Appropriation............................................. $.......... 884,000

             TOTAL APPROPRIATION............................... $....... 53,648,000

 

     The department shall conduct a study of its driver improvement program and submit the results of the review by December 15, 1991 to the legislative transportation committee.  The study will critique the current curriculum of the driver improvement program, review the curriculum of high school driver education, and take a comprehensive look at all other types of traffic safety courses offered in the state.  The department shall report by August 15, 1991, on any traffic safety improvement  courses identified as potential pilot projects and shall present a progress report on the study.

 

     NEW SECTION.  Sec. 11.  FOR THE DEPARTMENT OF LICENSING‑‑MANAGEMENT  OPERATIONS

General Fund‑‑Wildlife Account Appropriation................... $........... 47,000

Highway Safety Fund Appropriation.............................. $........ 4,796,000

Highway Safety Fund--Motorcycle

     Safety Education Account.................................. $........... 95,000

Motor Vehicle Fund Appropriation............................... $........ 4,424,000

General Fund‑‑Public Safety and Education Account

     Appropriation............................................. $.......... 418,000

             TOTAL APPROPRIATION............................... $........ 9,780,000

 

     NEW SECTION.  Sec. 12.  FOR THE DEPARTMENT  OF  LICENSING‑-INFORMATION  SYSTEMS

General Fund‑‑Wildlife Account Appropriation................... $........... 56,000

Highway Safety Fund............................................ $........ 3,506,000

Highway Safety Fund--Motorcycle Safety Education

     Account  $............................................ 58,000

Motor Vehicle Fund............................................. $........ 5,961,000

General Fund‑‑Public Safety and Education Account

     Appropriation............................................. $.......... 252,000

             TOTAL APPROPRIATION............................... $........ 9,833,000

 

     (1) $320,000 of the motor vehicle fund appropriation is provided solely for the development and implementation of the department of licensing's incorporation into the transportation executive information system; $100,000 of the appropriation is for services to be provided by the department of transportation.

     (2) $1,100,000 of the motor vehicle fund appropriation in this section is provided solely for the licensing application migration project (LAMP).  This appropriation is conditioned upon compliance with the provisions of section 59 of this act.

 

     NEW SECTION.  Sec. 13.  FOR THE LEGISLATIVE TRANSPORTATION  COMMITTEE

Motor Vehicle Fund Appropriation............................... $........ 2,650,000

High Capacity Transportation Appropriation..................... $.......... 550,000

             TOTAL APPROPRIATION............................... $........ 3,200,000

 

     (1) The high capacity transportation account reappropriation provided for in this section is for continuation of the public transportation study described in section 12(4), chapter 298, Laws of 1990.

     (2) The appropriation provided for in section 43(3) of this act includes funds to carry out the studies described in section 12 (5) and (6), chapter 298, Laws of 1990:  PROVIDED, That the completion dates for both studies shall be June 30, 1993.

 

     NEW SECTION.  Sec. 14.  FOR THE HOUSE OF REPRESENTATIVES

Motor Vehicle Fund Appropriation‑-State........................ $.......... 378,000

 

     The appropriation in this section is provided solely to employ staff for the house transportation committee.

 

     NEW SECTION.  Sec. 15.  FOR THE SENATE

Motor Vehicle Fund Appropriation‑-State........................ $.......... 378,000

 

     The appropriation in this section is provided solely to employ staff for the senate transportation committee.

 

     NEW SECTION.  Sec. 16.  FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITY COMMITTEE

Motor Vehicle Fund Appropriation‑-State........................ $.......... 389,000

 

     NEW SECTION.  Sec. 17.  FOR THE MARINE EMPLOYEES COMMISSION

Motor Vehicle Fund‑‑Puget Sound Ferry Operations Account

     Appropriation............................................. $.......... 333,667

 

     The appropriation in this section is subject to the following  conditions and limitations:  $20,000 of this appropriation is provided solely to fund an expanded salary survey.

 

     NEW SECTION.  Sec. 18.  FOR THE TRANSPORTATION COMMISSION

Transportation Fund Appropriation‑-State....................... $........ 1,500,000

 

     NEW SECTION.  Sec. 19.  FOR THE AIR TRANSPORTATION COMMISSION

Transportation Fund............................................ $.......... 553,000

 

     NEW SECTION.  Sec. 20.  FOR THE OFFICE OF FINANCIAL MANAGEMENT

Motor Vehicle Fund Appropriation‑-State........................ $.......... 112,000

 

     The appropriation in this section is null and void if House Bill No. 2140 is not enacted by September 1, 1991.

 

     NEW SECTION.  Sec. 21.  FOR THE WASHINGTON STATE ENERGY OFFICE

Motor Vehicle Fund Appropriation‑-State........................ $.......... 203,000

Transportation Fund Appropriation.............................. $.......... 750,000

             TOTAL APPROPRIATION............................... $.......... 953,000

 

     The appropriations contained in this section are subject to the following conditions and limitations:

     (1) $750,000, or as much thereof as may be necessary, is appropriated from the transportation fund to be used for grants to state agencies and local governments, and for planning and coordination by the Washington state energy office, for the establishment of a system of compressed natural gas refueling stations.

     (2) $203,000, or as much thereof as may be necessary, is appropriated from the motor vehicle fund solely for the petroleum pricing and supply database.  Within the appropriation provided, the energy office shall publish the petroleum market's data book by January 1, 1992.  The energy office shall prepare semiannual reports to the legislative transportation committee on gasoline pricing and supply in Washington state.  The semiannual reports are due on January 15 and July 15 of each year.

 

     NEW SECTION.  Sec. 22.  FOR THE UNIVERSITY OF WASHINGTON--FACILITY MANAGEMENT OFFICE--TRANSPORTATION AND TECHNICAL SERVICES

Transportation Fund............................................ $........ 1,600,000

 

     The appropriation in this section is provided solely for implementation of the universal bus pass program for monitoring and evaluation of the program, information and marketing efforts, development of car pool systems, purchase of additional car pool vehicles, modification of roads to accommodate buses, and security lighting for night shuttle programs.  It is the intent of the legislature that comparable comprehensive programs such as the universal bus pass program at the University of Washington be developed in the near future for all universities and colleges within the greater Seattle area.  To that end, METRO, community transit, and Pierce transit agencies and Seattle area colleges and universities shall work together and submit a plan to the state identifying potential services, costs and implementation schedules.  The plan shall be submitted to the legislative transportation committee by November 1991.

 

     NEW SECTION.  Sec. 23.  FOR THE DEPARTMENT OF AGRICULTURE

 

     $209,000 is appropriated from the motor vehicle fund solely for the motor fuel quality testing program.  Annual reports shall be submitted to the legislative transportation committee commencing January 15, 1992.

 

     NEW SECTION.  Sec. 24.  FOR THE DEPARTMENT OF TRANSPORTATION‑-HIGHWAY CONSTRUCTION‑-PROGRAM A

Motor Vehicle Fund Appropriation‑-State........................ $...... 136,217,000

Motor Vehicle Fund Appropriation‑-Federal...................... $....... 98,600,000

Motor Vehicle Fund Appropriation‑-Local........................ $........ 2,000,000

             TOTAL APPROPRIATION............................... $...... 236,817,000

 

     The appropriations in this section are subject to the following conditions and limitations:

     (1) The appropriations in this section are provided for the location, design, right of way, and construction of state highway projects designated as category "A" under RCW 47.05.030.

     (2) The department shall establish a highway heritage pilot program to preserve Washington's unique scenic character along its highway corridors and provide travelers with a continuing opportunity to appreciate and obtain information regarding unique natural, cultural, and historic features that are near or accessible by highways.

     The department's highway heritage pilot program may:

     (a) Acquire by purchase, gift, devise, bequest, grant, or exchange, title to or interest or right in real property adjacent to or visible from state highways to accomplish any of the following:  Preserve natural beauty or viewpoints, preserve natural buffers between highways, or enhance the visual quality of entrances to cities or other land uses;

     (b) Work with public and private landowners, local governments, and private organizations and associations to propose actions to achieve the purposes of this section without land acquisition, to the greatest extent possible, including coordination with local land use and open space plans, state agency programs relating to open space, conservation, urban forestry, and natural resources management;

     (c) Provide directional signs and signs with information regarding historical or cultural sites and significant natural features;

     (d) Work with the parks and recreation commission, the Washington state historical society, the department of trade and economic development, and cities and counties to identify projects, establish priorities for expenditures of funds under this pilot program, and recommend a strategy for implementing an ongoing program and sources of funding.

     The department shall report its findings to the legislative transportation committee by December 1, 1992.

     The sum of fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, from the motor vehicle fund to the department of transportation for the highway heritage pilot program.

     The appropriation in this subsection shall lapse unless contributions are received by July 1, 1991, as follows:  $20,000 from the counties; $10,000 from the cities; and $10,000 from the department of trade and economic development.

     (3) The sum of fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, from the motor vehicle fund to the department of transportation to complete its survey of the scenic and recreational highways begun in 1990.  The department shall report its findings to the legislative transportation committee by December 1, 1991.

 

     NEW SECTION.  Sec. 25.  FOR THE DEPARTMENT OF TRANSPORTATION‑- HIGHWAY CONSTRUCTION‑-PROGRAM B

Motor Vehicle Fund Appropriation‑-State........................ $....... 42,000,000

Motor Vehicle Fund Appropriation‑-Federal...................... $...... 407,000,000

Motor Vehicle Fund Appropriation‑-Local........................ $....... 11,000,000

             TOTAL APPROPRIATION............................... $...... 460,000,000

 

     The appropriations in this section are provided for the location,  design, right of way, and construction of state highway projects on  the interstate system designated as category "B" under RCW 47.05.030.  The appropriations in this section are subject to the following conditions and limitations:

     (1) $42,000,000 of the motor vehicle fund‑‑state appropriation includes a maximum of $32,000,000 in proceeds from the sale of bonds authorized by RCW 47.10.790 and 47.10.801:  PROVIDED, That the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond  proceeds for any part of the state appropriation.

     (2) Should cash flow demands exceed the motor vehicle fund--federal appropriation, the motor vehicle fund‑‑state appropriation is increased proportionally to  provide matching state funds from the sale of bonds authorized by RCW 47.10.801 and 47.10.790 not to exceed $10,000,000 and it is understood that the department shall seek authority to expend unanticipated receipts for the federal portion.

     (3) It is further recognized that the department may make use of federal cash flow obligations on interstate construction contracts in order to complete the interstate highway system as expeditiously as possible.

     (4) It is the intent of the legislature that the department shall place special emphasis on delivering the HOV projects contained in the document dated March, 1991, entitled "Puget Sound HOV Core Lane Needs:  2000".  The department shall report progress on program delivery to the legislative transportation committee by November 1, 1991.

 

     NEW SECTION.  Sec. 26.  FOR THE DEPARTMENT OF TRANSPORTATION‑-HIGHWAY CONSTRUCTION‑-PROGRAM C

Transportation Fund Appropriation‑-State....................... $....... 30,000,000

 

     The appropriation contained in this section shall be expended or obligated only for accelerating HOV program delivery on state and interstate highway systems.

 

     NEW SECTION.  Sec. 27.  Contained within the appropriations to the department of transportation, programs B and C, is $232,000,000 for HOV lanes, park and ride lots, and surveillance control and driver information systems that are components of the Puget Sound HOV core lane system.

 

     NEW SECTION.  Sec. 28.  FOR THE DEPARTMENT OF TRANSPORTATION‑-HIGHWAY CONSTRUCTION‑-PROGRAM C

Motor Vehicle Fund Appropriation‑-State........................ $....... 80,400,000

Transportation Fund Appropriation--State....................... $....... 99,000,000

Motor Vehicle Fund Appropriation--Federal...................... $....... 16,000,000

Motor Vehicle Fund Appropriation‑-Local........................ $........ 7,000,000

             TOTAL APPROPRIATION............................... $...... 202,400,000

 

     The appropriations in this section are provided for the location, design, right of way acquisition, and construction of state highway projects designated as category "C" under RCW 47.05.030.

 

     NEW SECTION.  Sec. 29.  FOR THE DEPARTMENT OF TRANSPORTATION‑-HIGHWAY CONSTRUCTION‑-PROGRAM C

Motor Vehicle Fund--Special Category C Account

      Appropriation‑-State..................................... $....... 27,000,000

 

     The appropriation contained in this section is subject to the following conditions and limitations:

     (1) It is the intent of the legislature that funding provided under the special category C program for the 1st avenue south bridge shall not be jeopardized by expenditures for any other special category C project.

     (2) The city of Seattle shall prepare and submit to the legislative transportation committee by October 1, 1991, an analysis of safety and regional congestion issues relating to the 1st avenue south bridge.

     (3) The city of Seattle, in conjunction with department of transportation, King county, and the port of Seattle shall provide by October 1, 1991, to the legislative transportation committee a comprehensive plan identifying the recommended lead agency for construction of the 1st avenue south bridge together with pro rata shares of estimated costs and approved cost-sharing agreements.

     (4) By October 1, 1991, the department of transportation shall report to the legislative transportation committee on the various stages and funding assumptions on the improvements to SR 18.

     (5) Of the $27,000,000 appropriation contained in this section:  Up to $12,000,000 is provided for SR 18, up to $11,000,000 is provided for 1st avenue south bridge, and up to $4,000,000 is provided for the north-south corridor in Spokane:  PROVIDED, That the department may transfer moneys between projects after consultation with the legislative transportation committee.

 

     NEW SECTION.  Sec. 30.  FOR THE DEPARTMENT OF TRANSPORTATION‑-HIGHWAY CONSTRUCTION‑-PROGRAM C

Motor Vehicle Fund--Puyallup Tribal Settlement

     Account Appropriation‑-State.............................. $........ 3,450,000

Motor Vehicle Fund--Puyallup Tribal Settlement

     Account Appropriation‑-Federal............................ $........ 2,550,000

             TOTAL APPROPRIATION............................... $........ 6,000,000

 

     NEW SECTION.  Sec. 31.  FOR THE DEPARTMENT OF TRANSPORTATION‑-HIGHWAY MANAGEMENT AND FACILITIES‑‑PROGRAM D

Motor Vehicle Fund Appropriation............................... $....... 41,814,000

Motor Vehicle Fund‑-Transportation Capital Facilities

     Account Appropriation..................................... $....... 36,695,000

             TOTAL APPROPRIATION............................... $....... 78,509,000

 

     The appropriations in this section are subject to the following conditions and limitations:

     (1) $1,700,000 of the transportation capital facilities account appropriation is contingent upon the sale of bonds authorized in RCW 47.02.120.

     (2) The transportation capital facilities account appropriation will be funded by a state treasurer revenue transfer of $34,995,000 from the motor vehicle fund to the transportation capital facilities account.

     (3) Up to $1,500,000 of the appropriation in this section is provided solely for creation and implementation of an urban mobility office.  Prior to implementation and no later than August, 1991, the department shall present a comprehensive implementation plan to the legislative transportation committee and the governor.  The department shall further report on the status of implementation of the urban mobility office by December, 1991, to the legislative transportation committee.

 

     NEW SECTION.  Sec. 32.  FOR THE DEPARTMENT OF TRANSPORTATION‑-AERONAUTICS‑‑PROGRAM F

General Fund‑-Aeronautics Account Appropriation‑-

     State..................................................... $........ 3,082,000

General Fund‑-Aeronautics Account Appropriation‑-

     Federal  $........................................... 283,000

             TOTAL APPROPRIATION............................... $........ 3,365,000

 

     The appropriations in this section are provided for management and support of the aeronautics division, state fund grants to local airports, development and maintenance of a state‑wide airport system plan, maintenance of state‑owned emergency airports, federal inspections, and the search and rescue program.

     The general fund‑‑aeronautics account‑‑state appropriation contains $100,000 for transfer to the motor vehicle fund as partial repayment of the $407,430 advanced to pay the tort settlement in the case of Osibov vs. the state of Washington, Spokane county superior court, Cause No. 239168.

 

     NEW SECTION.  Sec. 33.  FOR THE DEPARTMENT OF TRANSPORTATION‑-SEARCH AND RESCUE‑‑PROGRAM F

General Fund‑‑Search and Rescue Account

     Appropriation............................................. $.......... 127,000

 

     The appropriation in this section is provided for directing and conducting searches for missing, downed, overdue, or presumed downed general aviation  aircraft; for safety and education activities necessary to insure safety of persons operating or using aircraft; and for the Washington wing civil air patrol in accordance with RCW 47.68.370.

 

     NEW SECTION.  Sec. 34.  FOR THE DEPARTMENT OF TRANSPORTATION‑-COMMUNITY ECONOMIC REVITALIZATION‑-PROGRAM G

Motor Vehicle Fund‑-Economic Development Account

     Appropriation............................................. $........ 5,000,000

 

     The appropriation in this section is funded with the proceeds from the sale of bonds authorized by RCW 47.10.801 and is provided for improvements to the state highway system necessitated by planned economic development.

 

     NEW SECTION.  Sec. 35.  FOR THE DEPARTMENT OF TRANSPORTATION‑-NONINTERSTATE BRIDGES‑-PROGRAM H

Motor Vehicle Fund Appropriation‑-State........................ $....... 42,200,000

Motor Vehicle Fund Appropriation‑-Federal...................... $....... 52,400,000

Motor Vehicle Fund Appropriation‑-Local........................ $........ 1,000,000

             TOTAL APPROPRIATION............................... $....... 95,600,000

 

     The appropriations in this section are provided to preserve the structural and operating integrity of  existing bridges.  The appropriations in this section are subject to the following conditions and limitations:  $3,000,000 shall be used for seismic retrofitting of bridges in fiscal year 1992 and $8,100,000 shall be used for preconstruction and construction of stages 2 through 5 of the Ebey Slough bridge project.

 

     NEW SECTION.  Sec. 36.  FOR  THE DEPARTMENT OF TRANSPORTATION‑-HIGHWAY MAINTENANCE AND OPERATIONS‑-PROGRAM M

Motor Vehicle Fund Appropriation‑-State........................ $...... 217,720,000

Motor Vehicle Fund Appropriation‑-Local........................ $.......... 750,000

             TOTAL APPROPRIATION............................... $...... 218,470,000

 

     The appropriations in this section are subject to the following conditions and limitations:

     (1) $1,500,000 of the motor vehicle fund‑‑state appropriation is provided solely for snow and ice removal activities in excess of $37,100,000.   The excess moneys are to be matched with reprioritized maintenance funds of twenty‑five percent of the total needed over $37,100,000 until the $1,500,000 is matched.  The legislative transportation committee must be notified if the resulting total of $39,100,000 is exceeded.

     (2) $1,000,000 of the motor vehicle fund--state appropriation is provided for public damage repair exceeding $8,550,000 assumed in the maintenance work plan.  Expenditures of this amount are contingent upon consultation with the legislative transportation committee.

     (3) Up to $800,000 of the motor vehicle fund--state appropriation is provided solely to fund two highway runoff demonstration projects provided such projects implement best management practices consistent with the highway runoff rule, chapter 173-270 WAC, referred to in the Puget Sound water quality management plan.  These projects shall be coordinated with the stormwater research efforts conducted by the planning, research, and public transportation division.  The demonstration projects shall assess the use and cost of using accepted alternative methods for handling stormwater runoff from state highways in the Puget Sound basin and eastern Washington.  Findings shall be reported to the legislative transportation committee by September 1992.

     (4) Up to $1,200,000 of the motor vehicle fund‑-state appropriation in this section is provided solely for the development of best management plans for roadside vegetation, vegetation control, inventory, and management.

     (5) The department shall place emphasis on the development and construction of rest areas.  The department shall establish criteria for prioritizing rest area construction state-wide.  The department shall report the criteria and priority array to the legislative transportation committee by August 1, 1991.

 

     NEW SECTION.  Sec. 37.  FOR THE DEPARTMENT OF TRANSPORTATION‑-SALES AND SERVICES TO OTHERS‑-PROGRAM R

Motor Vehicle Fund Appropriation‑-State........................ $........ 1,370,000

Motor Vehicle Fund Appropriation‑-Federal...................... $....... 58,400,000

Motor Vehicle Fund Appropriation‑-Local........................ $........ 8,483,000

             TOTAL APPROPRIATION............................... $....... 68,253,000

 

     The appropriations in this section are subject to the following conditions and limitations:

     (1) The appropriations contain $370,000 of state funds for expenditure in accordance with RCW 47.56.720 (Puget Island‑Westport Ferry‑-Payments for operation and maintenance to Wahkiakum county).

     (2) The appropriations contain $400,000 of local funds to guarantee  bond payments on the Astoria‑Megler bridge pursuant to RCW 47.56.646.

 

     NEW SECTION.  Sec. 38.  FOR THE DEPARTMENT  OF TRANSPORTATION‑-TRANSPORTATION MANAGEMENT AND SUPPORT‑-PROGRAM S

Transportation Fund Appropriation.............................. $.......... 700,000

Motor Vehicle Fund‑-Puget Sound Capital Construction

     Account Appropriation..................................... $.......... 465,000

Motor Vehicle  Fund‑-Puget Sound Ferry Operations

     Account Appropriation..................................... $.......... 885,000

Motor Vehicle Fund Appropriation--State........................ $....... 33,770,000

             TOTAL APPROPRIATION............................... $....... 35,820,000

 

     The appropriations in this section are subject to the following conditions and limitations:

     (1) $2,300,000 of the motor vehicle fund‑-state appropriation is provided for the continuing development of financial management systems.  Authority to expend these funds is conditioned upon compliance with the requirements set forth in section 59 of this act.

     (2) The legislature directs a joint study to be conducted by the office of financial management, the department of personnel, and the Washington state department of transportation to determine whether the current services rendered by the department of personnel on issues relating to employee information, and safety and health in the work environment are sufficient.  Findings of the study shall be reported to the legislative transportation committee by January 20, 1992, and shall include but not be limited to recommendations as to who is responsible for performing these services.

     (3) Up to $510,000 of the motor vehicle fund‑-state appropriation in this section is provided to consolidate the equal employment opportunity functions within the department of transportation.

 

     NEW SECTION.  Sec. 39.  FOR THE DEPARTMENT OF TRANSPORTATION‑-PLANNING, RESEARCH, AND PUBLIC TRANSPORTATION‑-PROGRAM T

For public transportation and rail programs:

Transportation Fund‑-State..................................... $....... 14,395,000

General Fund Appropriation‑-Federal/Local...................... $........ 5,518,000

High Capacity Transportation Account Appropriation............. $....... 12,140,000

For planning and research:

Motor Vehicle Fund Appropriation‑-State........................ $....... 17,830,000

Motor Vehicle Fund Appropriation‑-Federal...................... $........ 9,000,000

             TOTAL APPROPRIATION............................... $....... 58,883,000

 

     The appropriations in this section are subject to the following  conditions and limitations:

     (1) The high capacity transportation account appropriation is subject to the following conditions and limitations:

     (a) $9,400,000 or as much thereof as may be necessary may be expended to provide up to eighty percent matching assistance for regional high capacity transportation planning efforts;

     (b) $415,000 or as much thereof as may be necessary may be expended  to determine ways of improving Amtrak service including coordination and planning efforts within the state;

     (c) $500,000 or as much thereof as may be necessary may be expended for freight rail program administration;

     (d) $615,000 or as much thereof as may be necessary may be expended for the expert review panels.

     (2) A study shall be conducted to evaluate the handling, treatment, and disposal of debris collected by accepted stormwater runoff facilities along state highways.  This study shall be coordinated with the efforts of the Puget Sound water quality authority and the department of ecology and address at least the following elements:

     (a) An assessment of the severity of the problem;

     (b) A summary of existing federal, state, and local laws and rules relating to stormwater runoff on state, city, and county roads;

     (c) An analysis of the various techniques used by other jurisdictions within and outside of Washington state to address the problem;

     (d) A comprehensive analysis of costs for handling, treatment, and disposal of stormwater runoff state-wide and the identification of the responsible jurisdictions and associated funding sources.

     A priority list and implementation recommendations, including cost estimates, shall be submitted to the legislative transportation committee by September 1992.

     (3) No more than $2,000,000 of the transportation fund appropriation contained in this section may be expended for the purchase of rail rights of ways under RCW 46.76.140:   PROVIDED, That such funds expended for the Stampede Pass corridor connecting Auburn in King County and Cle Elum in Kittitas County may be expended only for right of way.  This appropriation shall lapse if $1,100,000 is not reappropriated for the purchase of corridors from the essential rail banking account.

     (4) In the event federal funds are not available to fully fund the $9,000,000 motor vehicle fund--federal appropriation in this section, motor vehicle fund--state funds may be substituted therefor, up to a maximum of $1,500,000.  In no event shall the total expenditures for program T exceed $56,283,000.

     (5) By December 15, 1991, the department of transportation, in cooperation with local units of government and Amtrak, shall submit to the legislative transportation committee a program to improve Amtrak services in Washington.  Upon submittal and approval of the program recommendations by the legislative transportation committee, the department may expend up to $10,000,000 from the transportation fund-state for program implementation.  The program may include but is not limited to the following:

     (a) Improvements to tracks, grade crossings, and signal systems necessary to increase operating speeds.  In developing these recommendations, the department shall involve the utilities and transportation commission and other affected state and local agencies;

     (b) Station improvements;

     (c) Resumption of service between Seattle, Washington, and Vancouver, British Columbia; and

     (d) New or additional service on other routes for which there is adequate demand and reasonable opportunity for cost recovery.

     (6) Up to $750,000 of the high capacity transportation account appropriation in this section is provided solely for the Spokane intermodal transportation center.  Moneys in this appropriation may be expended only after the Washington state transportation commission has received funding commitments from all other project participants.

     (7) $3,400,000 of the motor vehicle fund--state appropriation is provided for regional transportation planning organizations.  This appropriation shall be allocated as follows:

     (a) A maximum total of $1,170,000 will be allocated to lead planning agencies, based on $30,000 per county for each county within a regional transportation planning organization;

     (b) A maximum of $2,230,000 will be allocated to lead planning agencies on a per capita basis.

     Any unexpended funds may be used for a discretionary grant program for special regional planning projects, to be administered by the department of transportation.

 

     NEW SECTION.  Sec. 40.  FOR THE DEPARTMENT OF TRANSPORTATION‑-CHARGES FROM OTHER AGENCIES‑-PROGRAM U

Motor Vehicle Fund Appropriation............................... $....... 19,200,361

Motor Vehicle Fund--Puget Sound Ferry Operations

     Account  $......................................... 2,000,000

             TOTAL APPROPRIATION............................... $....... 21,200,361

 

     The appropriations in this section are to provide for costs billed to the department for the services of other state agencies as follows:

     (1) Archives and records management, $257,763;

     (2) Attorney general tort claims support, $5,262,000;

     (3) Office of the state auditor audit  services, $883,366;

     (4) Department of general administration facilities and services charges, $2,597,769;

     (5) Department of personnel services, $2,368,949;

     (6) Self-insurance liability premium, $7,220,514 and administration, $610,000; and

     (7) Marine division self-insurance liability premium and administration, $2,000,000.

 

     NEW SECTION.  Sec. 41.  FOR THE DEPARTMENT OF TRANSPORTATION‑-MARINE CONSTRUCTION‑-PROGRAM W

Motor Vehicle  Fund‑-Puget Sound Capital Construction

     Account Appropriation‑-State.............................. $....... 67,792,000

Motor Vehicle Fund‑-Puget Sound Capital Construction

     Account Appropriation‑-Federal............................ $........ 5,804,000

Motor Vehicle Fund‑-Puget Sound Capital Construction

     Account Appropriation‑-Private/Local...................... $........ 1,000,000

             TOTAL APPROPRIATION............................... $....... 74,596,000

 

     The appropriations in this section are provided for improving the Washington state ferry system, including, but not limited to, vessel acquisition, vessel construction, major and minor vessel improvements, and terminal construction and improvements.  The appropriations in this section are subject to the following conditions and limitations:

     (1) The appropriations in this section are provided to carry out only the projects in the department of transportation's 1991-93 biennial budget request dated March 1991, as approved by the transportation commission.  The department of transportation shall revise these projects to reconcile them with the 1989‑91 actual expenditures  within sixty days of the beginning of the biennium.

     (2) The Puget Sound capital construction account--state appropriation is for the period ending June 30, 1992.  The department is directed to expend these moneys as if a full biennial appropriation had been authorized.  The department is further directed to submit a supplemental budget request for the remainder of the 1991-93 biennium, based on the findings and recommendations of the marine capital study initiated by the legislative transportation committee.

     (3) The Puget Sound capital construction account‑‑state appropriation of $67,792,000 includes $10,000,000 in proceeds from the sale of bonds authorized by RCW 47.60.560:   PROVIDED, That the  department of transportation may use current revenues available to the Puget Sound capital construction account in lieu of bond proceeds for any part of the state appropriation.

     (4) The Puget Sound capital construction account--state appropriation of $67,792,000 includes $1,082,000 to be expended solely for the design of a jumbo class automobile ferry vessel.

     (5) The department of transportation shall provide the legislative  transportation committee with a monthly report concerning the status of the capital program authorized in this section.

 

     NEW SECTION.  Sec. 42.  FOR THE DEPARTMENT OF TRANSPORTATION‑-MARINE‑-PROGRAM X

Motor Vehicle Fund‑-Puget Sound Ferry Operations

     Account‑-State............................................ $...... 204,766,737

 

     The appropriation in this section is subject to the following conditions and limitations:

     (1) The appropriation  is  based  on  the  budgeted  expenditure  of $24,562,547 for vessel operating fuel in the 1991-93 biennium.  If the actual cost of fuel is less than this budgeted amount, the excess amount shall not be expended.  If the actual cost exceeds this amount, the department shall request a supplemental appropriation.

     (2) The department shall transfer moneys from the ferry system revolving account to the Puget Sound ferry operations account so as to minimize the need for expenditure of Puget Sound ferry operations account moneys during June of each respective fiscal year in support of the expenditures necessary for the operation and maintenance of the state ferry system as authorized in this section.

     (3) The appropriation contained in this section provides for the compensation of ferry employees, including increases.  The expenditures for compensation paid to ferry employees during the 1991-93 biennium shall not exceed $134,854,000 plus a dollar amount, as  prescribed  by the office of financial management, that is equal to any insurance benefit increase granted general government employees in excess of $256.07 a month annualized per eligible marine employee multiplied by the number of eligible marine employees for the respective fiscal year, a dollar amount as prescribed by the office of financial management for salary increases during the 1991-93 biennium, and a dollar amount as prescribed by the office of financial management for costs associated with pension amortization charges and cost of living allowances.  For the purposes of this section, the expenditures for compensation paid to ferry employees shall be limited to salaries and wages and employee benefits as defined in the office of financial management's  policies,  regulations,  and  procedures named under objects of expenditure "A" and "B" (7.2.6.2). Of the $134,854,000 provided for compensation, plus the prescribed insurance  benefit,  pension, and salary increase dollar amount:

     (a) The maximum dollar amount that shall be allocated from the  governor's  compensation salary appropriation is in addition to the appropriation contained in this section and may be  used  to  increase  compensation costs, effective January 1, 1992;

     (b) The maximum dollar amount that shall be allocated from the governor's compensation salary appropriation is in  addition to  the appropriation contained in this section and shall be used to maintain any 1991-92 compensation increase  and  may be used to increase compensation costs, effective January 1, 1993.

     In no event may the June 30, 1992, hourly salary rate increase exceed any average hourly salary rate increase granted during the 1991-92 fiscal year.

     In no event may the June  30, 1993, hourly salary rate increase exceed any salary rate increase granted during the 1992‑93 fiscal year.

     (c) The prescribed insurance benefit increase dollar amount that shall be allocated from the governor's compensation insurance benefits appropriation is in addition to the appropriation contained in this section and may be used to increase compensation costs, effective July 1, 1991;

     (d) The prescribed insurance benefit increase dollar amount that shall be allocated from the governor's compensation insurance benefits appropriation is in addition to the appropriation contained in this section and may be used to increase compensation costs, effective July 1, 1992.

     (4) The intent of the legislature is to eliminate the current passenger-only service between Seattle and Bremerton.  The transportation commission is responsible for evaluating other potential passenger-only routes and determining the location of a new passenger-only route.  The transfer of the Seattle/Bremerton passenger-only vessel to a new route should be implemented as soon as it is feasible.

     (5) The appropriation in this section includes $1,091,290 for an additional eight-hour automobile ferry service between Seattle and Bremerton during the 1992-93 fiscal period commencing with the elimination of the passenger only service.

     (6) The department of transportation shall provide the legislative transportation committee with a monthly report concerning the status of the operating program authorized in this section.

     (7) The transportation commission is directed to continue its evaluation of passenger-only vessel designs capable of providing high speed service between Seattle and Bremerton.  The commission shall provide the legislative transportation committee with a report concerning the status of the evaluation by September 30, 1991.

 

     NEW SECTION.  Sec. 43.  FOR THE DEPARTMENT OF TRANSPORTATION‑-LOCAL PROGRAMS‑-PROGRAM Z

Motor Vehicle Fund Appropriation‑-State........................ $....... 10,823,000

Motor Vehicle Fund Appropriation‑-Federal...................... $....... 95,300,000

Motor Vehicle Fund Appropriation‑-Local........................ $....... 10,000,000

             TOTAL APPROPRIATION............................... $...... 116,123,000

 

     (1) The appropriations in this section include $3,150,000 from the motor vehicle fund‑‑state for transportation expenditures related to the United States navy home port in Everett.

     (2) The appropriations contain $309,000 of state funds from the proceeds of bonds for Columbia Basin county roads authorized in chapter 121, Laws of 1951; chapter 311, Laws of 1955; and chapter 121, Laws of 1965 for reimbursable expenditures on cooperative projects authorized by state or federal laws.  If these moneys are not expended during 1991-93, this appropriation shall revert to the motor vehicle fund.

     (3) $4,000,000 of the motor vehicle fund‑‑state appropriation, or as much thereof as may be required, is provided for studies that are mutually beneficial to cities, counties and the state department of transportation.

 

     NEW SECTION.  Sec. 44.  FOR THE DEPARTMENT OF TRANSPORTATION‑-SUPPORTIVE SERVICES‑-PROGRAM 090

Motor Vehicle Fund Appropriation--State........................ $.......... 170,000

General Fund Appropriation‑‑Federal............................ $.......... 400,000

             TOTAL APPROPRIATION............................... $.......... 570,000

 

     The appropriation in this section is provided for supportive services to on‑the‑job training programs for minority construction workers and for minority contractors' training programs.

 

     NEW SECTION.  Sec. 45.  FOR THE STATE TREASURER--TRANSFERS

General Fund Appropriation:

For transfer on July 1, 1991 to the

     Transportation Fund....................................... $....... 20,000,000

Transportation Fund Appropriation:

For transfer on July 1, 1991 to the Motor Vehicle

     Fund--Puget Sound Capital Construction Account............ $........ 1,500,000

Transportation Fund Appropriation:

For transfer on July 1, 1991 to the Motor Vehicle

     Fund--Puget Sound Ferry Operations Account................ $........ 6,000,000

 

     NEW SECTION.  Sec. 46.  FOR THE DEPARTMENT OF TRANSPORTATION

Motor Vehicle Fund‑‑RV Account Appropriation

     Transfer:

For transfer to the Motor Vehicle Fund......................... $.......... 800,000

 

     The appropriation transfer in this section is provided for the construction and maintenance of recreation vehicle sanitary disposal systems at rest areas on the state highway system.

 

     NEW SECTION.  Sec. 47.  FOR THE DEPARTMENT OF TRANSPORTATION

Motor Vehicle Fund--State Appropriation

     Transfer:

For transfer to the Advance Right of Way Revolving

      Fund   .................................................. $....... 10,000,000

 

     The appropriation transfer in this section is null and void if House Bill No. 1992 is not enacted by September 1, 1991.

 

     NEW SECTION.  Sec. 48.  It  is  the intent of the legislature that the amounts assumed in this act for all revolving funds for services provided to the Washington state patrol and department of licensing by other agencies, including the department of personnel service fund for  personnel services, the legal services revolving fund for tort claim administration costs and other legal costs, the audit services revolving fund for audits, and the archives and records management account for archiving, storage, and records management services, shall not be exceeded without prior approval of the legislative transportation committee.

 

     NEW SECTION.  Sec. 49.  No moneys are provided in this act for major relocation  of the Washington state patrol or the department of licensing.

 

     Sec. 50.  RCW 46.68.110 and 1989 1st ex.s. c 6 s 41 are each amended to read as follows:


     Funds credited to the incorporated cities and towns of the state as set forth in subdivision (1) of RCW 46.68.100 shall be subject to deduction and distribution as follows:

     (1) One and one-half percent of such sums shall be deducted monthly as such sums are credited and set aside for the use of the department of transportation for the supervision of work and expenditures of such incorporated cities and towns on the city and town streets thereof, including the supervision and administration of federal-aid programs for which the department of transportation has responsibility((:  PROVIDED, That any moneys so retained and not expended shall be credited in the succeeding biennium to the incorporated cities and towns in proportion to deductions herein made));

     (2) ((From July 1, 1987, through June 30, 1989, thirty-three one-hundredths of one percent of such funds shall be deducted monthly, as such funds accrue, and set aside for the use of the department of transportation for the purpose of funding the cities' share of the costs of highway jurisdiction studies and other studies.  Any funds so retained and not expended shall be credited in the succeeding biennium to the cities in proportion to the deductions made;

     (3) From July 1, 1989, through June 30, 1991,)) Thirty-three one-hundredths of one percent of such funds shall be deducted monthly, as such funds accrue, and set aside for the use of the department of transportation for the purpose of funding the cities' share of the costs of highway jurisdiction studies and other studies((.  Any funds so retained and not expended shall be credited in the succeeding biennium to the cities in proportion to the deductions made));

     (((4))) (3) The balance remaining to the credit of incorporated cities and towns after such deduction shall be apportioned monthly as such funds accrue among the several cities and towns within the state ratably on the basis of the population last determined by the office of financial management.

 

     Sec. 51.  RCW 46.68.120 and 1989 1st ex.s. c 6 s 42 are each amended to read as follows:

     Funds to be paid to the counties of the state shall be subject to deduction and distribution as follows:

     (1) One and one-half percent of such funds shall be deducted monthly as such funds accrue and set aside for the use of the department of transportation and the county road administration board for the supervision of work and expenditures of such counties on the county roads thereof, including the supervision and administration of federal-aid programs for which the department of transportation has responsibility((:  PROVIDED, That any funds so retained and not expended shall be credited in the succeeding biennium to the counties in proportion to deductions herein made));

     (2) All sums required to be repaid to counties composed entirely of islands shall be deducted;

     (3) ((From July 1, 1987, through June 30, 1989, thirty-three one-hundredths of one percent of such funds shall be deducted monthly, as such funds accrue, and set aside for the use of the department of transportation for the purpose of funding the counties' share of the costs of highway jurisdiction studies and other studies.  Any funds so retained and not expended shall be credited in the succeeding biennium to the counties in proportion to the deductions made;

     (4) From July 1, 1989, through June 30, 1991,)) Thirty-three one-hundredths of one percent of such funds shall be deducted monthly, as such funds accrue, and set aside for the use of the department of transportation for the purpose of funding the counties' share of the costs of highway jurisdiction studies and other studies((.  Any funds so retained and not expended shall be credited in the succeeding biennium to the counties in proportion to the deductions made;

     (5) The balance of such funds remaining to the credit of counties after such deductions shall be paid to the several counties monthly, as such funds accrue, in accordance with RCW 46.68.122 and 46.68.124)).

 

     NEW SECTION.  Sec. 52.  The motor vehicle fund revenues are received at a relatively even flow throughout the year.  Expenditures  exceed the revenue during the accelerated summer and fall highway construction season, creating a negative cash balance during the heavy construction season.  Negative cash balances also may result from the use of state funds to finance federal advance construction projects prior to conversion to federal funding.  The legislature recognizes that the department of transportation may require interfund loans or other short‑term financing to meet temporary seasonal cash requirements  and additional cash requirements to fund federal advance construction projects.

 

     NEW SECTION.  Sec. 53.  The legislature recognizes the economic importance to the state of attracting new industrial development, and that the availability of transportation services is a significant factor in attracting such industries.  The transportation commission and the department of transportation may consider these unique circumstances in determining priorities for capital expenditures.

 

     NEW SECTION.  Sec. 54.  In addition to such other appropriations as are made by this act, there is hereby appropriated to the department  of transportation from legally available bond proceeds in the respective construction or building accounts such amounts as are necessary to pay the expenses incurred by the state finance committee in the issuance and sale of the subject bonds.

 

     NEW SECTION.  Sec. 55.  FOR THE DEPARTMENT OF TRANSPORTATION‑-TRANSFER

Motor Vehicle Fund‑‑Highway Construction

     Stabilization Account Transfer:  For

     transfer to the Motor Vehicle Fund........................ $...... 100,000,000

 

     The appropriation transfer in this section is provided for expenditures pursuant to RCW 46.68.200.

 

     NEW SECTION.  Sec. 56.  The department of transportation is authorized to undertake federal advance construction projects under the provisions of 23 U.S.C. Sec. 115 in order to maintain progress in meeting approved highway construction and preservation objectives.  The legislature recognizes that the use of state funds may be required to temporarily fund expenditures of the federal appropriations for the highway construction and preservation programs for federal advance construction projects prior to conversion to federal funding.

 

     NEW SECTION.  Sec. 57.  (1) Any public agency including but not limited to transit agencies, cities, counties, and the state department of transportation, awarded contracts from counties or transit agencies for the construction of high occupancy vehicle lanes and related facilities shall use such moneys in addition to, and not as a substitute for, moneys currently used, or planned to be used, for high occupancy vehicle lanes by the public agency receiving the award.

     (2) Cities, counties, transit agencies, and the state department of transportation having within their boundaries a portion of the existing or planned high occupancy vehicle system contained in the document dated March 1991, entitled "Puget Sound HOV Core Lane Needs: 2000", shall coordinate programming and operational decisions affecting the high occupancy vehicle system.

 

     NEW SECTION.  Sec. 58.  To maximize the use of motor vehicle fund revenues, it is the intent of the legislature to encourage sharing of technology, information, and systems where appropriate between transportation agencies.

     To facilitate this exchange, the Washington state department of transportation assistant secretary for finance and budget management; Washington state department of transportation chief for management information systems; the Washington state patrol deputy chief, chief of staff; Washington state patrol manager of the computer services division; the department of licensing deputy director and department of licensing assistant director for information systems will meet quarterly to share plans, discuss progress of key projects and to coordinate activities for the common good.  Minutes of these meetings will be distributed to the respective agency heads and the legislative transportation committee.  Washington state department of transportation will provide staff support and meeting coordination.

 

     NEW SECTION.  Sec. 59.  Agencies shall comply with the following requirements regarding information technology projects if directed to do so by specific appropriation proviso within this act.  In addition to these provisos agencies shall comply with all department of information services requirements.

     It is the intent of the legislature that information technology projects in state government are managed and completed successfully.  Information technology projects should be divided into distinct phases.  Each phase of a project should be successfully completed before the subsequent phases are commenced, unless an alternative plan is approved.  In addition to the post-implementation review, reviews using oversight and quality assurance measures are to be conducted throughout the project.

     The legislature should consider each project's scope and duration to determine whether appropriations should be for a fiscal year or a biennium, and whether different phases or the entire project can be accomplished within a specified time period.

     Prior to initiating an information technology project, agencies shall submit a budget decision package requesting moneys for a scoping process and project management plan phase.

     (1) Scoping process and project management plan phase.  Prior to requesting moneys from the legislature, or as a condition of receiving an appropriation for planning or development of information technology projects, the agencies shall complete a project scoping process and project management plan that details the key issues to be addressed by the information technology project and how agency management would implement the project.  The scoping process and project management plan shall precede the feasibility study.

     The scoping process must define the project's scope; key issues, including business, management, technical and other issues; major objectives; project justifications; project approach; and answer by a test of reasonableness that the project is feasible.  The scoping process is to provide the legislature, office of financial management, and the department of information services with the high level information it needs to approve proceeding with the subsequent phase.

     The project management plan shall document how the agency will manage the project identified in the scoping process.  The plan shall be an evolving document.  Each subsequent phase of the project shall have an updated project management plan submitted as a prerequisite for approval to begin the next phase.

     The initial project management plan shall cover all factors critical to the entire project, and shall specifically address management plans for successfully completing the subsequent phase.  The initial plan shall address all factors critical to the overall project, including, but not limited to, the following elements:

     (a) Project organization:  Define agency executive personnel involved with project; define committee structures; identify key personnel; address staffing requirements, including backfilling requirements; and other key resources needed for a successful project implementation.

     (b) Description of scope change and cost control.

     (c) Risk assessment and risk mitigation plan.

     (d) Description of project oversight monitoring and quality assurance procedures.

     (e) Project workplan:  Including defined phases, key management decision points, and scheduling of other activities.

     (f) Detailed workplan and estimated costs for next phase or phases to be conducted in a specified period of time.

     Following completion of the scoping process and project management plan phase and approval from the department of information services, the agency shall submit a budget decision package requesting moneys to address the subsequent phase or phases identified in the project management plan.

     (2) The agency shall produce a feasibility study for each information systems project in accordance with published department of information services instructions.  In addition to department of information services requirements such studies shall examine and evaluate the costs and benefits of maintaining status quo.

     (3) A project status report shall be submitted to the department of information services, the office of financial management, and the legislative transportation committee for each project prior to reaching key decision points identified in the relevant project management plan.  Project status reports shall examine and evaluate project management, accomplishments, budget, action to address variances, risk management, cost and benefits analysis, and other aspects critical to completion of a project.

     Work shall not commence on any task in a subsequent phase of a project until the status report for the preceding key decision point has been approved by the department of information services, the office  of financial management, and the legislative transportation committee as appropriate.

     (4) In those instances where a project review is requested in accordance with department of information services policies, the reviews shall examine and evaluate:  System requirements specifications; scope; system architecture; change controls; documentation; user involvement; training; availability  and capability  of resources; programming languages and techniques; system inputs and outputs;  plans for testing, conversion, implementation, and post‑implementation; and other aspects critical to successful construction, integration, and implementation of automated systems. Copies of project review written reports shall be forwarded to the office of financial management and the legislative transportation committee by the agency.

     (5) A written post‑implementation review report shall be prepared by the agency for each information systems project in accordance with published department of information services instructions.  In addition to the information requested pursuant to the department of information services instructions, post‑implementation reports shall evaluate the degree to which a project accomplished its major objectives including, but not limited to, a comparison of original cost and benefit estimates to actual costs and benefits achieved.  Copies of post‑implementation review reports shall be provided to the department of information services, the office of financial management, and the legislative transportation  committee.

     (6) During each phase of the project outlined in this section, the department of information services shall provide the legislative transportation committee with a written monthly project oversight and risk assessment report for each project which has a specific proviso under this section.  The report shall include, but not be limited to, the following:  Project name, agency undertaking the project, a description of the project, key project activities during the next 60-90 days, base-line cost data, costs to date, schedule to date, risk assessments, risk management, and recommendations.

     When major variances in project scope, cost, or risk occur, the agency sponsoring shall inform the department of information services, the legislative transportation committee, and office of financial management of the change in writing.  A major variance is defined as a budget change in excess of five percent; an increase or decrease in risk category to low, medium, high; or a change in scope that could result in a major change in budget or risk.

 

     NEW SECTION.  Sec. 60.  In addition to the appropriation authority contained in section 42 of this act for program X, the marine division may expend up to $500,000 from the Puget Sound ferry operations account for unprogrammed expenditures with prior approval of the legislative transportation committee.

 

     NEW SECTION.  Sec. 61.  The department of transportation shall consolidate all growth management functions within a growth management project office.  This office shall cease to exist on June 30, 1995.

 

     NEW SECTION.  Sec. 62.  The attorney general shall prepare annually a report to the legislative transportation committee comprising a comprehensive summary of all cases involving tort claims against the department of transportation involving highways that were concluded and closed in the previous calendar year.  The report shall include for each case closed:

     (1) A summary of the factual background of the case;

     (2) Identification of the attorneys representing the state and the opposing parties;

     (3) A synopsis of the legal theories asserted and the defenses presented;

     (4) Whether the case was tried, settled, or dismissed, and in whose  favor;

     (5) The amount of any settlement or verdict reached, and the terms for payment;

     (6) A summary of all settlement offers made by the parties where a verdict was returned against the state;

     (7) The approximate number of attorney hours expended by the state on the case, together with the corresponding dollar amount billed therefore; and

     (8) Such other matters relating to the case as the attorney general deems relevant or appropriate, especially including any comments or recommendations for changes in statute law or agency practice that might effectively reduce the exposure of the state to such tort claims.

 

     NEW SECTION.  Sec. 63.  FOR THE WASHINGTON STATE PATROL--CAPITAL

     As used in this section, "St Patrol Hiwy Acct" means the State Patrol Highway Account.

     (1) Design and construct WSP/DOL district offices-Tacoma (90‑2‑013)

                                           Reappropriation   Appropriation

St Patrol Hiwy Acct                                          5,413,000

Motor Vehicle Acct‑-State                                    1,848,000

         Total Appropriation                                  7,261,000

 

             Project                       Estimated               Estimated

             Costs                   Costs             Total

             Through                       7/1/91 and        Costs

             6/30/91                       Thereafter

 

             750,000                                               8,011,000

 

 

     (2) Design and construct new agency headquarters-Olympia (90‑2‑040)

 

 

                                     Reappropriation         Appropriation

 

St Patrol Constr Acct                                        41,200,000

 

             Project                 Estimated                     Estimated

             Costs             Costs                   Total

             Through                 7/1/91 and              Costs

             6/30/91                 Thereafter

 

             250,000                                               41,450,000

 

     (3) Replace underground storage tanks-Ten locations (92‑1‑002)

 

 

                                     Reappropriation         Appropriation

 

St Patrol Hiwy Acct                                          1,656,000

 

             Project                 Estimated                     Estimated

             Costs             Costs                   Total

             Through                 7/1/91 and              Costs

             6/30/91                 Thereafter

 

             376,000                                               2,032,000

 

     (4) Minor works (92‑2‑004)

 

 

                                     Reappropriation         Appropriation

 

St Patrol Hiwy Acct                                          435,000

 

             Project                 Estimated                     Estimated

             Costs             Costs                   Total

             Through                 7/1/91 and              Costs

             6/30/91                 Thereafter

 

             1,654,000               759,200                       2,848,200

 

     (5) Property acquisition for communications site-Maple Falls (92‑2‑0064)

 

                                     Reappropriation         Appropriation

 

St Patrol Hiwy Acct                                          17,000

 

             Project                 Estimated                     Estimated

             Costs             Costs                   Total

             Through                 7/1/91 and              Costs

             6/30/91                 Thereafter

                                                                   17,000

 

     (6) BAW FAW replacement communication tower (92-2-010)

 

 

                                     Reappropriation         Appropriation

 

St Patrol Hiwy Acct                                          234,000

 

             Project                 Estimated                     Estimated

             Costs             Costs                   Total

             Through                 7/1/91 and              Costs

             6/30/91                 Thereafter

 

                                     Total Costs             234,000

 

     NEW SECTION.  Sec. 64.  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. 65.  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 shall take effect immediately.