H-2025.2          _______________________________________________

                            SUBSTITUTE HOUSE BILL 1671

                  _______________________________________________

State of Washington              52nd Legislature             1991 Regular Session

By House Committee on Transportation (originally sponsored by Representatives R. Fisher, Riley, R. Meyers, Jacobsen, Heavey, Roland, Hine, O'Brien, Rust, Betrozoff, Paris, Scott, Fraser and Wineberry).

Read first time March 6, 1991.  Promoting growth strategies.

     AN ACT Relating to growth strategies; amending RCW 36.70A.030, 36.70A.020, 36.70A.070, 36.79.080, 36.81.121, 47.05.030, 47.26.084, 47.26.220, 35.58.2795, 35.58.2796, 36.57A.060, and 47.80.040; adding a new section to chapter 70.94 RCW; adding new sections to chapter 36.70A RCW; adding new sections to chapter 47.26 RCW; adding new chapters to Title 47 RCW; adding a new chapter to Title 81 RCW; creating new sections; providing penalties; providing an effective date; and declaring an emergency.

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

                   GROWTH STRATEGIES AND TRANSPORTATION PLANNING

     Sec. 1.  RCW 36.70A.030 and 1990 1st ex.s. c 17 s 3 are each amended to read as follows:

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

     (1) "Adjacent jurisdictions" include contiguous counties, cities, and federally recognized Indian tribes.

(2) "Adopt a comprehensive land use plan" means to enact a new comprehensive land use plan or to update an existing comprehensive land use plan.

     (((2))) (3) "Agricultural land" means land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, or livestock, and that has long-term commercial significance for agricultural production.

     (((3))) (4) "Board" means the growth management board established to review plans and regulations established under this chapter.

(5) "City" means any city or town, including a code city.

     (((4))) (6) "Committee" means the interagency committee for outdoor recreation established under chapter 43.99 RCW.

(7) "Comprehensive land use plan," "comprehensive plan," or "plan" means a generalized coordinated land use policy statement of the governing body of a county or city that is adopted pursuant to this chapter.

     (((5))) (8)  "Critical areas" include the following areas and ecosystems:  (a) Wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) critical fish and wildlife habitat ((conservation areas)); (d) frequently flooded areas; and (e) geologically hazardous areas.

     (((6))) (9) "Department" means the department of community development.

     (((7))) (10) "Development regulations" means any controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances.

     (((8))) (11) "Forest land" means land primarily useful for growing trees, including Christmas trees subject to the excise tax imposed under RCW 84.33.100 through 84.33.140, for commercial purposes, and that has long-term commercial significance for growing trees commercially.

     (((9))) (12) "Geologically hazardous areas"  means areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns.

     (((10))) (13) "Long-term commercial significance" includes the growing capacity, productivity, and soil composition of the land for long-term commercial production, in consideration with the land's proximity to population areas, and the possibility of more intense uses of the land.

     (((11))) (14) "Mineral((s)) resource lands" include those lands identified and devoted to the long-term commercial extraction of gravel, sand, rock, and valuable metallic substances.

     (((12))) (15) "Natural resource lands" means agricultural lands, forest lands, and mineral resource lands.

(16) "New community" means a comprehensive development providing for a mixture of land uses which includes the following:  (a) A mix of jobs, housing, and public facilities needed for a self-contained community; (b) preservation of open spaces within and around the community; (c) an internal and external transportation system supportive of pedestrian access and transit; (d) the new infrastructure needed to serve the proposed community; and (e) the mitigation of off-site impacts.

(17) "Open space lands" include land areas, the protection of which would:  (a) Conserve and enhance scenic, or viewshed resources; (b) provide scenic amenities and community identity within and between areas of urban development; (c) protect physical and/or visual buffers within and between areas of urban and rural development, or along transportation corridors; (d) protect lakes, rivers, streams, watersheds, or water supply; (e) promote conservation of critical areas, natural resource lands, soils, geologically hazardous areas, or tidal marshes, beaches, or other shoreline areas; (f) enhance the value to the public of abutting or neighboring parks, forests, wildlife habitat, trails, or other open space; (g) enhance visual enjoyment and recreation opportunities, including public access to shoreline areas; (h) protect natural areas and environmental features with significant educational, scientific, wildlife habitat, historic, or scenic value; or (i) retain in its natural state tracts of land not less than five acres situated in an urban environment.

(18) "Public facilities" include streets, roads, highways, public transit facilities, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems,  parks and recreational facilities, and schools.

     (((13))) (19) "Public services" include fire protection and suppression, law enforcement, public health, education, public transit services, recreation, environmental protection, and other governmental services.

     (((14))) (20) "Region" means one or more counties and the cities within the county or counties, including, as a local option, multicounty regions.

(21) "Special district" means every municipal and quasi-municipal corporation other than a county or city.  Special districts shall include, but are not limited to:  Water districts, sewer districts, public transit districts, fire protection districts, port districts, library districts, school districts, public utility districts, county park and recreation service areas, flood control zone districts, irrigation districts, diking districts, and drainage improvement districts.

(22) "State agencies" means all departments, boards, commissions, institutions of higher education, and offices of state government, except those in the legislative or judicial branches, except to the extent otherwise required by law.

(23) "Urban growth" refers to growth that makes intensive use of land for the location of buildings, structures, and impermeable surfaces to such a degree as to be incompatible with the primary use of such land for the production of food, other agricultural products, or fiber, or the extraction of mineral resources.  When allowed to spread over wide areas, urban growth typically requires urban governmental services.  "Characterized by urban growth" refers to land having urban growth located on it, or to land located in relationship to an area with urban growth on it as to be appropriate for urban growth.

     (((15))) (24) "Urban growth areas" means those areas designated by a county pursuant to RCW 36.70A.110.

     (((16))) (25) "Urban governmental services" include those governmental services historically and typically delivered by cities, and include storm and sanitary sewer systems, domestic water systems, street cleaning services, fire and police protection services, public transit services, and other public utilities associated with urban areas and normally not associated with nonurban areas.

     (((17))) (26) "Wetland" or "wetlands" means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.  Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities.  However, wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands, if permitted by the county or city.

     Sec. 2.  RCW  36.70A.020 and 1990 1st ex.s. c 17 s 2 are each amended to read as follows:

     PLANNING GOALS.  The following goals are adopted to guide the development and adoption of comprehensive plans and development regulations of those counties and cities that are required or choose to plan under RCW 36.70A.040.  The following goals are not listed in order of priority and shall be used ((exclusively)) for the purpose of guiding the development of comprehensive plans and development regulations.  However, plans, regulations, and actions, including expenditures of state-appropriated funds, of state agencies, counties, and cities required or choosing to plan, and special districts shall conform to and support these goals:

     (1) Urban growth areas.  ((Encourage)) Urban development shall occur in urban growth areas where adequate public facilities and services exist or can be provided in an efficient manner.

Urban growth areas should be compact, have concentrated employment centers, and provide opportunities for people to live in a variety of housing types close to where they work.  Plans should ensure an adequate supply of land for projected jobs considering the nature and diversity of economic activity and for a variety of housing types.  Development densities should be sufficient to:  (a) Protect open space, natural features and parks, natural resource lands and critical areas within and outside of urban growth areas; (b) promote affordable housing; and (c) promote transit.  Large land areas characterized by significant natural limitations such as steep slopes, seismic hazard areas, flood plains, and wetlands should not be designated for urban growth.

New development should be designed to respect the planned and existing character of neighborhoods.  Open spaces and natural features should be preserved within urban areas.

     (2) Reduce sprawl.  Reduce the inappropriate conversion of undeveloped land into sprawling, low-density development.

     (3) Transportation.  ((Encourage)) (a) Coordinate the planning, programming, and development of transportation facilities and services between jurisdictions; (b) develop efficient multimodal transportation systems to move people and goods that are based on regional priorities ((and)), are coordinated with county and city comprehensive plans, include alternatives to single occupant automobile travel, and support the state's economic development objectives; (c) link transportation systems and land use to maintain acceptable levels of transportation service, to promote housing density, employment concentration and joint development to support efficiency and affordability of transit service, and institute policies complementary to demand-management strategies; (d) protect the natural environment and improve the built environment when planning, designing, constructing, and maintaining transportation facilities; and (e) preserve the operational and structural integrity of the transportation system.

     (4) Housing.  Encourage ((the availability of)) and participate in making available affordable housing ((to)) for all economic segments of the population of this state, promote a variety of residential densities and housing types, ((and)) encourage preservation of existing housing stock, promote the state and federal fair housing goals, and provide for a fair share of housing needs.

     (5) Economic development.  Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, build a network of strong regional economies, identify and focus assistance on priority economic development areas where there is a need for growth and where there is the realistic capacity and broad local support for such growth, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities.

     (6) Property rights.  Private property shall not be taken for public use without just compensation having been made.  The property rights of landowners shall be protected from arbitrary and discriminatory actions.

     (7) Permits. Applications for both state and local government permits should be processed in a timely and fair manner to ensure predictability.

     (8) Natural resource industries. Maintain and enhance natural resource-based industries, including productive timber, agricultural, and fisheries industries.  Encourage the conservation of productive forest lands and productive agricultural lands, and discourage incompatible uses.

     (9) Open space and recreation. ((Encourage the retention of open space and development of recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks.)) Protect open space and where possible link open space into regional and state-wide networks.  Permanent open space networks should separate neighboring cities, where possible, and define distinct urban growth areas to prevent their merging into large continuous urban areas.  Open space should be used to:  Protect fish and wildlife habitat; protect environmentally sensitive land and water areas; provide park and outdoor recreational opportunities; protect scenic areas and viewsheds; accommodate nonmotorized recreational corridors and trails; and protect views and vistas within and around cities.

     (10) Environment.  Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water.

     (11) Citizen participation and coordination.  ((Encourage)) Ensure the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts.

     (12) Public facilities and services.  Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards.  Public facilities shall be sited in such a manner to best utilize existing public infrastructure including transportation facilities and services.

     (13) Historic preservation.  Identify and encourage the preservation of lands, sites, and structures, that have historical or archaeological significance.

(14) Fair share.  Ensure the siting of regional and state public facilities, so that each county and its cities accepts their fair share of public facilities and no community is overburdened.

(15) Water Resources.  Land use planning and permit decisions that will both protect water and create demand for water must be compatible with water resource plans.  New growth must be related to water availability.  Each county and its cities must integrate water resource planning for consumptive and nonconsumptive uses into its land use plan.  Water is key for fish, wildlife, domestic use, industrial use, power, agriculture, aesthetics, and recreation.

     Sec. 3.  RCW  36.70A.070 and 1990 1st ex.s. c 17 s 7 are each amended to read as follows:

     COMPREHENSIVE PLANS--MANDATORY ELEMENTS.  The comprehensive plan of a county or city that is required or chooses to plan under RCW 36.70A.040 shall consist of a map or maps, and descriptive text covering objectives, principles, and standards used to develop the comprehensive plan.  The plan shall be an internally consistent document and all elements shall be consistent with the future land use map.  A comprehensive plan shall be adopted and amended with public participation as provided in RCW 36.70A.140.

     Each comprehensive plan shall include a plan, scheme, or design for each of the following:

     (1) A land use element designating the proposed general distribution and general location and extent of the uses of land, where appropriate, for agriculture, timber production, housing, commerce, industry, recreation, open spaces, public utilities, public facilities, and other land uses.  The land use element shall provide for sufficient developable land and densities for a range of housing types.  The land use element shall include population densities, building intensities, and estimates of future population growth.  The land use element shall include designation of natural resource lands and lands for outdoor recreation as provided in RCW 36.70A.060.  Each county shall include urban growth areas as established in RCW 36.70A.110 in its comprehensive land use plan.  The land use element shall provide for protection of the quality and quantity of ground and surface water used for public water supplies and shall recognize that water availability and quality are key factors in determining the extent, location, distribution, and intensity of land uses.  Where applicable, the land use element shall review drainage, flooding, and storm water run-off in the area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute waters of the state, including Puget Sound or waters entering Puget Sound.  The element shall incorporate noise exposure standards as defined by the department of ecology, identification of sources, including those from transportation facilities, and noise mitigation measures.

     (2) A housing element recognizing the vitality and character of established residential neighborhoods that:  (a) Includes an inventory and analysis of existing and projected housing needs; (b) includes a statement of goals, policies, and objectives for the preservation, improvement, and development of housing and for meeting fair share housing obligations within the county and/or jurisdictions; (c) identifies sufficient land and densities for housing; (d) identifies the existing and projected fair share accommodation of low-income moderate-income housing, including, but not limited to, government-assisted housing, housing for low-income families, manufactured housing, multifamily housing, and group homes and foster care facilities; ((and (d))) (e) makes adequate provisions for existing and projected needs of all economic segments of the community; (f) promotes housing that is affordable; and (g) minimizes the displacement of residents from housing.

     (3) A capital facilities plan element consisting of:  (a) An inventory of existing capital facilities owned by public entities, showing the locations and capacities of the capital facilities; (b) a forecast of the future needs for such capital facilities; (c) the proposed locations and capacities of expanded or new capital facilities; (d) at least a six-year plan that will finance such capital facilities within projected funding capacities and clearly identifies sources of public money for such purposes; and (e) a requirement to reassess the land use element if probable funding falls short of meeting existing needs and to ensure that the land use element, capital facilities plan element, and financing plan within the capital facilities plan element are coordinated and consistent.

     (4) A utilities element consisting of the general location, proposed location, and capacity of all existing and proposed utilities, including, but not limited to, electrical lines, telecommunication lines, and natural gas lines.

     (5) Counties shall include a rural element including lands that

are not designated for urban growth, agriculture, forest, or mineral resources.  The rural element shall permit land uses that are compatible with the rural character of such lands and provide for a variety of rural densities and do not foster urban growth.

     (6) A transportation element that implements, and is consistent with, the land use element.  The transportation element shall include the following subelements:

     (a) Land use assumptions used in estimating travel;

     (b) Facilities and services needs, including:

     (i) An inventory of air, water, and land transportation facilities and services, including transit alignments, to define existing capital facilities and travel levels as a basis for future planning;

     (ii) Level of service standards for all arterials and transit routes to serve as a gauge to judge performance of the system.  These standards ((should)) shall, when practicable, address mode split and vehicle occupancy goals and also be regionally coordinated;

     (iii) Specific actions and requirements for bringing into compliance any facilities or services that are below an established level of service standard;

     (iv) Forecasts of traffic for at least ten years, and twenty years if practicable, based on the adopted land use plan to provide information on the location, timing, and capacity needs of future growth;

     (v) Identification of transportation system management and system expansion needs ((and transportation system management needs)) to meet current and future demands, including system management or facilities needed for regional or state-wide purposes;

(vi) Identification of noise mitigation measures needed for existing or planned transportation facilities as identified in the land use element;

     (c) Finance, including:

     (i) An analysis of funding capability to judge needs against probable funding resources;

     (ii) A multiyear financing plan based on the needs identified in the comprehensive plan, the appropriate parts of which shall serve as the basis for the six-year street, road, or transit program required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems;

     (iii) If probable funding falls short of meeting identified needs, a discussion of how additional funding will be raised, or how land use assumptions will be reassessed to ensure that level of service standards will be met;

     (d) Intergovernmental coordination efforts, including an assessment of the impacts of the transportation plan and land use assumptions on the transportation systems of adjacent jurisdictions;

     (e) Demand-management strategies.

     After adoption of the comprehensive plan by jurisdictions required to plan or who choose to plan under RCW 36.70A.040, local jurisdictions must adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a transportation facility to decline below the standards adopted in the transportation element of the comprehensive plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development.  ((These strategies)) Jurisdictions may exempt limited high density areas from the level of service standards requirement provided that the level of service for nonsingle occupant vehicles is improved through strategies which may include increased public ((transportation)) transit service, ride sharing programs, demand management, and other transportation systems management strategies.  The purpose of the exemption is to permit higher density development in certain areas which is conducive to alternatives to the single-occupant vehicle, including public transit.  For the purposes of this subsection (6) "concurrent with the development" shall mean that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements or strategies within six years.

     The transportation element described in this subsection, and the six-year plans required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems, must be consistent.

(7) A design element that enables communities to harmoniously fit new development with planned or existing community character and vision.

(8) An environmental management element that minimizes development and growth impacts on the environment and enhances the quality of air, water, and land resources.

(9) An open space and outdoor recreation element that provides for local and regional parks, outdoor recreation facilities, trails, resource conservation, natural vistas, and open space.

(10) An annexation element for cities and incorporation element  for counties to clearly delineate a local government service delivery plan.

(11) A fair share element for siting state and regional public facilities.

NEW SECTION. Sec. 4.  NEW COMMUNITIES.  A county required or choosing to plan pursuant to the provisions of RCW 36.70A.040 shall establish a process for reviewing proposals for new communities.  A new community may be permitted by a county when the new community is included in its comprehensive plan prepared pursuant to RCW 36.70A.040 and is consistent with the requirements of this chapter.  However, new communities may only be approved if the following criteria are met:

     (1) New infrastructure and off-site impact are fully considered and provision is made for such infrastructure consistent with the requirements of this chapter and RCW 82.02.050;

     (2) Transit-oriented site planning and traffic demand management efforts are implemented;

     (3) Buffers are provided between the new community and adjacent urban development;

     (4) Provisions are made for a balance of jobs and housing;

     (5) Sufficient affordable housing is provided within the new community;

     (6) Environmental protections have been adequately addressed and provided for;

     (7) Sufficient protection is provided to ensure the new community is self-contained and will not stimulate or accelerate urban growth in adjacent nonurban areas;

     (8) Provision is made to minimize impacts on designated natural resource lands; and

     (9) The plan for the new community is consistent with the development regulations established for the protection for critical areas by the county pursuant to RCW 36.70A.170.

NEW SECTION. Sec. 5.  PLANS AND REGULATIONS--SPECIAL DISTRICTS.  (1) All special districts shall perform all of their activities which affect land use in conformity with the state policy goals contained in RCW 36.70A.020, and the land use plans and zoning ordinances of the county or city having jurisdiction in the area where the activities occur.

     (2) Not later than one year after the adoption of development regulations by a county or city pursuant to RCW 36.70A.120, each special district located within such a county or city, that provides one or more of the public facilities or public services listed in this subsection, shall adopt or amend a capital facilities plan for its facilities that is consistent with the comprehensive plan and development regulations and indicates the existing and projected capital facilities that are necessary to serve the projected growth for the area that is served by the special district.  These public facilities or public services are:  (a) Sanitary sewers; (b) potable water facilities; (c) park and recreation facilities; (d) fire suppression; (e) libraries; (f) schools; and (g) transportation, including public transit.

NEW SECTION. Sec. 6.  RULE MAKING.  (1) In addition to the rules adopted by the department under RCW 36.70A.050 regarding natural resource lands and critical areas as defined in RCW 36.70A.030, the department shall adopt guidelines, requirements, and minimum standards as rules under chapter 34.05 RCW to assist local governments in implementing this chapter.

     (2) As used in this chapter, the term "guidelines" is intended to describe performance standards or parameters which guide local planning while at the same time allow the exercise of local government direction in choosing among planning and regulatory options.  Guidelines are intended to encourage creative and locally appropriate responses to achieving the goals established in RCW 36.70A.020.

     (3) As used in this chapter, the terms "requirements" and "minimum standards" are intended to prescribe specific standards, requirements, or procedures that must be followed by local governments in complying with this chapter.

     (4) In addition to other guidelines required to be developed by the department, guidelines shall be adopted for the following processes in the following priority order:

     (a) To designate and manage urban growth areas, including the phasing of development, determining service levels, and cumulative effects;

     (b) To integrate transportation and transit into land use planning and site planning;

     (c) To address the fair sharing and siting of regionally needed facilities;

     (d) To address housing supply, density, and fair sharing of housing needs, including low-income and moderate-income housing;

     (e) To address the following plan elements:  Land use, annexation and incorporation, and open space and outdoor recreation;

     (f) To address regional open space and economic development plans;

     (g) To address the need for buffers to minimize conflicts adjacent to resource lands;

     (h) To assess the adequacy of public facilities and the phasing of growth and development approvals;

     (i) To address mobility and facility needs for low-income and physically challenged persons; and

     (j) Other processes as determined by the department.

     (5) In addition to other requirements and minimum standards required to be developed by the department, requirements and minimum standards shall be adopted for the following:

     (a) Interim controls to protect critical areas and natural resource lands state-wide; and

     (b) Procedures, which may include timeframes.

     (6) Guidelines, requirements, and minimum standards and regulations adopted under this act shall be issued in a timely manner so that local governments are afforded sufficient time to comply with the requirements of this act.

     (7) In carrying out its responsibilities under this section, the department shall coordinate with other state agencies and consult with interested parties as provided in RCW 36.70A.050.  Advisory groups shall be used in development of the rules under this act.

     Sec. 7.  RCW  36.79.080 and 1983 1st ex.s. c 49 s 8 are each amended to read as follows:

     PROJECT CRITERIA--RURAL ARTERIAL PROGRAM.  In preparing their respective six-year programs relating to rural arterial improvements, counties shall select specific priority improvement projects for each functional class of arterial based on the rating of each arterial section proposed to be improved in relation to other arterial sections within the same functional class, taking into account the following:

     (1) Its structural ability to carry loads imposed upon it;

     (2) Its capacity to ((move traffic at reasonable speeds;

     (3))) provide efficient, dependable, and rapid accessibility for movement of people and goods including access management provisions under chapter 47.26 RCW;

(3) Its consistency with local and regional transportation and land use plans;

(4) Its consistency with state, regional, and local transit plans, where applicable;

(5) Its consistency with state, regional, and local freight rail considerations;

(6) Its adequacy of alignment and related geometrics;

     (((4))) (7) Its accident experience; and

     (((5))) (8) Its fatal accident experience.

With assistance from regional transportation planning organizations, where applicable, adjacent counties, and the county road administration board, long-term plans shall be used to guide development of the six-year programs.  The six-year construction programs shall remain flexible and subject to annual revision as provided in RCW 36.81.121.

     Sec. 8.  RCW  36.81.121 and 1990 1st ex.s. c 17 s 58 are each amended to read as follows:

     SIX-YEAR COUNTY ROAD PLANS.  (1) Before July 1st of each year, the legislative authority of each county with the advice and assistance of the county road engineer, and pursuant to one or more public hearings thereon, shall prepare and adopt a comprehensive road program for the ensuing six calendar years.  If the county has adopted a comprehensive plan pursuant to chapter 35.63 or 36.70 RCW, the inherent authority of a charter county derived from its charter, or chapter 36.70A RCW, the program shall be consistent with this comprehensive plan.

     The program shall include proposed road and bridge construction work, and for those counties operating ferries shall also include a separate section showing proposed capital expenditures for ferries, docks, and related facilities.  Copies of the program shall be filed with the county road administration board ((and with)), the state secretary of transportation, and the regional transportation planning organization, where applicable, not more than thirty days after its adoption by the legislative authority.  The purpose of this section is to assure that each county shall perpetually have available advanced plans looking to the future for not less than six years as a guide in carrying out a coordinated road construction program that reflects the transportation goals set forth in chapter 36.70A RCW.  The program may at any time be revised by a majority of the legislative authority but only after a public hearing thereon.

     (2) The six-year program of each county having an urban area within its boundaries shall contain a separate section setting forth the six-year program for arterial road construction based upon its long-range construction plan and formulated in accordance with regulations of the transportation improvement board.  The six-year program for arterial road construction shall be submitted to the transportation improvement board forthwith after its annual revision and adoption by the legislative authority of each county.  The six-year program for arterial road construction shall be based upon estimated revenues available for such construction together with such additional sums as the legislative authority of each county may request for urban arterials from the urban arterial trust account or the transportation improvement account for the six-year period. The arterial road construction program shall provide for a more rapid rate of completion of the long-range construction needs of principal arterial roads than for minor and collector arterial roads, pursuant to regulations of the transportation improvement board.

     (3) Each six-year program forwarded to the secretary in compliance with subsection (1) of this section shall contain information as to how a county will expend its moneys, including funds made available pursuant to chapter 47.30 RCW, for bicycles, pedestrians, and equestrian purposes.

     Sec. 9.  RCW  47.05.030 and 1987 c 179 s 2 are each amended to read as follows:

     PRIORITY PROGRAMMING FOR STATE HIGHWAYS.  The transportation commission shall adopt and periodically revise, after consultation with the legislative transportation committee, a comprehensive six-year program and financial plan for highway improvements specifying program objectives for each of the highway categories, "A," "B," "C," and "H," defined in this section, and within the framework of estimated funds for such period.  The program and plan shall be based upon the improvement needs ((for state highways as determined by the department from time to time)) identified in the state highway system plan, as required under section 18 of this act.

     With such reasonable deviations as may be required to effectively utilize the estimated funds and to adjust to unanticipated delays in programmed projects, the commission shall allocate the estimated funds among the following described categories of highway improvements, so as to carry out the commission's program objectives:

     (1) Category A shall consist of those improvements necessary to sustain the structural, safety, and operational integrity of the existing state highway system (other than improvements to the interstate system to be funded with federal aid at the regular interstate rate under federal law and regulations, and improvements designated in subsections (2) through (4) of this section).

     (2) Category B shall consist of improvements for the continued development of the interstate system to be funded with federal aid at the regular interstate rate under federal law and regulations.

     (3) Category C shall consist of the development of major transportation improvements (other than improvements to the interstate system to be funded with federal aid at the regular interstate rate under federal law and regulations) including designated but unconstructed highways which are vital to the state-wide transportation network.

     (4) Category H shall consist of those improvements necessary to sustain the structural and operational integrity of existing bridges on the highway system (other than bridges on the interstate system or bridge work included in another category because of its association with a highway project in such category).

     Projects which are financed one hundred percent by federal funds or other agency funds shall, if the commission determines that such work will improve the state highway system, be managed separately from the above categories.

     Sec. 10.  RCW 47.26.084 and 1988 c 167 s 2 are each amended to read as follows:

     PROJECT CRITERIA--TRANSPORTATION IMPROVEMENT ACCOUNT.  The transportation improvement account is hereby created in the motor vehicle fund.  The board shall adopt rules and procedures which shall govern the allocation of funds in the transportation improvement account at such time as funds become available.

     The board shall allocate funds from the account by June 30 of each year for the ensuing fiscal year and shall endeavor to provide geographical diversity in selecting improvement projects to be funded from the account.

     Of the amount made available to the transportation improvement board from the transportation improvement account for improvement projects:

     (1)  Eighty-seven percent shall be allocated to counties, to cities with a population of over five thousand, and to transportation benefit districts.  Improvement projects may include, but are not limited to, multi-agency and suburban arterial improvement projects.

     ((To be eligible to receive these funds, a project must be (a) consistent with state, regional, and local transportation plans and consideration shall be given to the project's relationship, both actual and potential, with rapid mass transit and at such time as a rail plan is developed by the rail development commission, projects must be consistent therewith, (b) necessitated by existing or reasonably foreseeable congestion levels attributable to economic development or growth, and (c) partially funded by local government or private contributions, or a combination of such contributions.)) Before awarding funding for any specific project the transportation improvement board shall determine if the following criteria have been considered:

(a) The project is necessitated by existing or reasonably foreseeable congestion levels attributable to economic development or growth;

(b) The project emphasizes the movement of people and goods rather than vehicles;

(c) The project includes, where appropriate, other modes of transportation such as transit, high occupancy vehicle lanes, and high capacity transit;

(d) The project conforms to local and regional transportation and land use plans including access management provisions;

(e) The project is consistent with local and regional high-capacity transportation considerations;

(f) The project is consistent with state, regional, and local freight rail considerations in accordance with RCW 47.80.030; and

(g) The project is partially funded by local government or private contributions, or a combination of such contributions.

     The board shall, for those projects meeting the eligibility criteria, determine what percentage of each project is funded by local and/or private contribution.  Priority consideration shall be given to those projects with the greatest percentage of local and/or private contribution.

     Within one year after board approval of an application for funding, a county, city, or transportation benefit district shall provide written certification to the board of the pledged local and/or private funding.  Funds allocated to an applicant that does not certify its funding within one year after approval may be reallocated by the board.

     (2)  Thirteen percent shall be allocated by the board to cities with a population of five thousand or less for street improvement projects in a manner determined by the board.

     Sec. 11.  RCW 47.26.220 and 1989 c 160 s 1 are each amended to read as follows:

     PROJECT  CRITERIA--URBAN ARTERIAL TRUST ACCOUNT.  Counties and cities, in preparing their respective six year programs relating to urban arterial improvements to be funded by the urban arterial trust account, shall select specific priority improvement projects for each functional class of arterial based on the rating of each arterial section proposed to be improved in relation to other arterial sections within the same functional class, taking into account the following:

     (1) Its structural ability to carry loads imposed upon it;

     (2) Its capacity to ((move traffic and persons at reasonable speeds without undue congestion)) provide efficient, dependable, and rapid accessibility for movement of people and goods;

     (3) Its adequacy of alignment and related geometrics;

     (4) Its accident experience; ((and))

     (5) Its fatal accident experience;

(6) Its consistency with local and regional transportation and land use plans including access management provisions;

(7) Its consistency with regional and local high-capacity transportation considerations;

(8) Its consistency with state, regional, and local freight rail considerations.  The six-year construction programs shall remain flexible and subject to annual revision as provided in RCW 36.81.121 and 35.77.010.

     Sec. 12.  RCW 35.58.2795 and 1990 1st ex.s. c 17 s 60 are each amended to read as follows:

     SIX-YEAR TRANSIT PLANS.  By April 1st of each year, the legislative authority of each municipality, as defined in RCW 35.58.272, shall prepare a six-year transit development and financial program for that calendar year and the ensuing five years.  The program shall be consistent with the comprehensive plans adopted by counties, cities, and towns, pursuant to chapter 35.63, 35A.63, or 36.70 RCW, the inherent authority of a first class city or charter county derived from its charter, or chapter 36.70A RCW.  The program shall contain information as to how the municipality intends to meet state and local long-range priorities for public transportation, capital improvements, significant operating changes planned for the system, and how the municipality intends to fund program needs.  Each municipality shall file the six-year program with the state department of transportation, the transportation improvement board, and cities, counties, and regional transportation planning ((councils)) organizations within which the municipality is located.

     In developing its program, the municipality shall consider those policy recommendations affecting public transportation contained in the state transportation policy plan approved by the state transportation commission and, where appropriate, adopted by the legislature.  The municipality shall conduct one or more public hearings while developing its program and for each annual update.

     Sec. 13.  RCW 35.58.2796 and 1989 c 396 s 2 are each amended to read as follows:

     ANNUAL TRANSIT REPORTS.  The department of transportation shall develop an annual report summarizing the status of public transportation systems in the state.  By September 1st of each year, copies of the report shall be submitted to the legislative transportation committee and to each municipality, as defined in RCW 35.58.272, and to individual members of the municipality's legislative authority.  ((The department shall prepare and submit a preliminary report by December 1, 1989.))

     To assist the department with preparation of the report, each municipality shall file a system report by ((April)) May 1st of each year with the state department of transportation identifying its public transportation services for the previous calendar year and its objectives for improving the efficiency and effectiveness of those services.  The system report shall address those items required for each public transportation system in the department's report.

     The department report shall describe individual public transportation systems, including contracted transportation services and dial-a-ride services, and include a state-wide summary of public transportation issues and data.  The descriptions shall include the following elements and such other elements as the department deems appropriate after consultation with the municipalities and the legislative transportation committee:

     (1) Equipment and facilities, including vehicle replacement standards;

     (2) Services and service standards;

     (3) Revenues, expenses, and ending balances, by fund source;

     (4) Policy issues and system improvement objectives, including community participation in development of those objectives and how those objectives address state-wide transportation priorities;

     (5) Operating indicators applied to public transportation services, revenues, and expenses.  Operating indicators shall include, but not be limited to, operating cost per unlinked passenger trip, operating cost per ((revenue)) passenger vehicle service hour, unlinked passenger trips per ((revenue)) passenger vehicle service hour, unlinked passenger trips per passenger vehicle service mile, passenger vehicle service hours per employee, change in unlinked passenger trips compared to change in population, and farebox revenue as a percent of operating costs;

(6) Mode split trends and objectives that shall be addressed for those public transportation systems deemed appropriate by the department, and on a regional basis as warranted.

     Sec. 14.  RCW 36.57A.060 and 1975 1st ex.s. c 270 s 16 are each amended to read as follows:

     COMPREHENSIVE TRANSIT PLANS--NEW SYSTEMS.  The public transportation benefit area authority authorized pursuant to RCW 36.57A.050 shall develop a comprehensive transit plan for the area.  Such plan shall include, but not be limited to the following elements:

     (1) The levels of transit service that can be reasonably provided for various portions of the benefit area.

     (2) The funding requirements, including local tax sources, state and federal funds, necessary to provide various levels of service within the area.

     (3) The identification of transportation elements of the county, city, or town comprehensive plans and regional transportation plans with which the comprehensive transit plan must be consistent.

(4) The impact of such a transportation program on other transit systems operating within that county or adjacent counties.

     (((4))) (5) The future enlargement of the benefit area or the consolidation of such benefit area with other transit systems.

     Sec. 15.  RCW  47.80.040 and 1990 1st ex.s. c 17 s 56 are each amended to read as follows:

     PLANNING ORGANIZATION BOARD.  Each regional transportation planning organization shall create a transportation policy board.  Transportation policy boards shall provide policy advice to the regional transportation planning organization and shall allow representatives of major employers within the region, the department of transportation, transit districts, port districts, and member cities, towns, and counties within the region to participate in policy making.  Citizens or citizen organizations may also be represented on the board.

                    STATE COMPREHENSIVE TRANSPORTATION PLANNING

NEW SECTION. Sec. 16.  PLANNING GUIDELINES.  The legislature recognizes that the ownership and operation of Washington's transportation system is spread among federal, state, and local government agencies, regional transit agencies, port districts, and the private sector.  Therefore, transportation planning must be a comprehensive and coordinated effort.  The specific role of the department in transportation planning shall be (1) ongoing coordination and development of state-wide transportation policies that guide all Washington transportation providers, (2) ongoing system planning for state transportation systems that identifies investment needs and meets federal requirements for state-wide transportation plans, (3) coordinating the state high capacity transportation planning and regional transportation planning programs, and (4) conducting special transportation planning studies that impact state transportation facilities or relate to transportation issues of state-wide significance.  Specific requirements for each of these state transportation planning components are described in this chapter.

NEW SECTION. Sec. 17.  TRANSPORTATION POLICY PLAN.  The department shall develop a state transportation policy plan that (1) establishes a vision and goals for the development of the state-wide transportation system consistent with the state's growth management goals, (2) identifies significant state-wide transportation policy issues, and (3) recommends state-wide transportation policies and strategies to the legislature to fulfill the requirements of RCW 47.01.071(1).  The state transportation policy plan shall be the product of an ongoing process that shall involve representatives of significant transportation interests and the general public from across the state.

NEW SECTION. Sec. 18.  TRANSPORTATION SYSTEM PLAN.  The department shall produce a state-wide transportation plan under RCW 47.01.071(3) consisting of a highway system plan, ferry system plan, airport system plan, freight rail plan, and bicycle plan.  These plans shall guide state investment in transportation facilities to ensure the continued mobility of people and goods within regions across the state in a cost-effective manner.  These plans must be consistent with the state transportation policy plan and with each other, and shall reflect public involvement and be coordinated with regional transportation planning, high capacity transportation planning, and local comprehensive plans.  The specific requirements for these plans are:

     (1) State highway system plan - A plan that identifies program needs and specific improvements recommended to preserve the structural integrity of the state highway system and ensure acceptable operating conditions.  The state highway system plan must contain the following elements:

     (a) System preservation - This element establishes structural preservation standards for the state highway system including bridges, identifies current and future structural deficiencies based upon analysis of current condition and engineering analysis of future deterioration, and recommends program funding levels and specific improvements necessary to preserve the structural integrity of the state highway system at adopted standards.  This element shall serve as the basis for the preservation component of the six-year highway construction program.

     (b) Capacity and operational improvement - This element establishes operational standards, including safety considerations, for moving people and goods on the state highway system, identifies current and future capacity and operational and safety deficiencies, and proposes program funding levels and specific improvements and strategies necessary to maintain the established operational standards.  Forecasts of travel shall be based upon adopted local land use plans, and shall be consistent with those developed for regional transportation planning.  Capacity and operational improvement plans shall first assess strategies that enhance the operational efficiency of the existing system before recommending system expansion.  Capacity improvement recommendations shall be based upon which alternative moves the most people or goods, or both.  Strategies that enhance the operational efficiency include access management, transportation system management, demand management, and high occupancy vehicle facility development.

     The capacity and operational improvement element must conform to the state implementation plan for air quality, and be consistent with regional transportation plans adopted under chapter 47.80 RCW, and provide the basis for the capacity and operational improvement portions of the highway construction program.

     (c) Scenic and recreational highways element - This element shall identify and recommend designation of scenic and recreational highways, provide for enhanced access to scenic, recreational, and cultural resources associated with designated routes, and ensure, through a variety of appropriate management strategies, the protection, preservation, and enhancement of these resources.  The department, affected local governments, regional transportation planning organizations, and other state or federal agencies shall jointly develop this element.

     (2) The Washington state ferry system plan - A plan to guide state investments in the Washington state ferry system to ensure a mobility link across Puget Sound.  The plan shall establish service standards for state ferry routes, forecast travel demand for the various markets served by the state ferry system, and develop strategies for ferry system investment that consider both vehicle and passenger needs, meet regional and state-wide travel purposes, support local land use plans, and are fully integrated into land transportation connections.

     The Washington state ferry system plan shall be developed in conjunction with the regional transportation planning organizations designated for counties served by the Washington state ferry system and the ferry advisory committees.

     (3) The airport systems plan - A plan to identify the program needs for public use airports in the state, and to fulfill the state-wide aviation planning requirements of the federal government.

     (4) The state freight rail plan - A plan to identify light density freight rail lines threatened with abandonment, establish criteria for the importance of preserving the service or line, recommend priorities for the use of state rail assistance and state rail banking program funds, and fulfill federal state-wide rail planning requirements.

     (5) The state bicycle plan - A plan to identify bicycling needs on the state transportation systems and to provide a basis for the investment of state highway funds dedicated to bicycling facilities under chapter 47.30 RCW.

NEW SECTION. Sec. 19.  HIGH CAPACITY TRANSPORTATION PLANNING--DEPARTMENT OF TRANSPORTATION.  The department's role in high capacity transportation planning and regional transportation planning is to administer state planning grants for these purposes, participate in these regional planning processes, and coordinate other department planning with these regional efforts including the provisions of RCW 81.104.060.

NEW SECTION. Sec. 20.  SPECIAL PLANNING STUDIES.  The department may carry out special transportation planning studies to resolve specific issues with the development of the state transportation system or other state-wide transportation issues.

                             HIGHWAY ACCESS MANAGEMENT

NEW SECTION. Sec. 21.  LEGISLATIVE FINDINGS--ACCESS.  (1) The legislature finds that:

     (a) Regulation of access to the state highway system is necessary in order to protect the public health, safety, and welfare, to preserve the functional integrity of the state highway system, and to promote the safe and efficient movement of people and goods within the state;

     (b) The development of an access management program, in accordance with this chapter, which coordinates land use planning decisions by local governments and investments in the state highway system, will serve to control the proliferation of connections and other access approaches to and from the state highway system.  Without such a program, the health, safety, and welfare of the residents of this state are at risk, due to the fact that uncontrolled access to the state highway system is a significant contributing factor to the congestion and functional deterioration of the system; and

     (c) The development of an access management program in accordance with this chapter will enhance the development of an effective transportation system and increase the traffic-carrying capacity of the state highway system and thereby reduce the incidences of traffic accidents, personal injury, and property damage or loss; mitigate environmental degradation; promote sound economic growth and the growth management goals of the state; reduce highway maintenance costs and the necessity for costly traffic operations measures; lengthen the effective life of transportation facilities in the state, thus preserving the public investment in such facilities; and shorten response time for emergency vehicles.

     (2) In furtherance of these findings, all state highways are hereby declared to be controlled access facilities as defined in section 22 of this act, except those highways that are defined as limited access facilities in chapter 47.52 RCW.

     (3) It is the policy of the legislature that:

     (a) The access rights of an owner of property abutting the state highway system are subordinate to the public's right and interest in a safe and efficient highway system; and

     (b) Every owner of property which abuts a state highway has a right to reasonable access to that highway, unless such access has been acquired pursuant to chapter 47.52 RCW, but may not have the right of a particular means of access.  The right of access to the state highway may be restricted if, pursuant to local regulation, reasonable access can be provided to another public road which abuts the property.

     (4) The legislature declares that it is the purpose of this chapter to provide a coordinated planning process for the permitting of access points on the state highway system to effectuate the findings and policies under this section.

     (5) Nothing in this chapter shall affect the right to full compensation under section 16, Article I of the state Constitution.

NEW SECTION. Sec. 22.  DEFINITIONS--ACCESS.  Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

     (1) "Controlled access facility" means a transportation facility to which access is regulated by the governmental entity having jurisdiction over the facility.  Owners or occupants of abutting lands and other persons have a right of access to or from such facility at such points only and in such manner as may be determined by the governmental entity.

     (2) "Connection" means approaches, driveways, streets, turnouts, or other means of providing for the right of access to or from controlled access facilities on the state highway system.

     (3) "Permitting authority" means the department or city or town authorized to regulate access to the state highway system pursuant to this chapter.

NEW SECTION. Sec. 23.  REGULATING CONNECTIONS.  (1) Vehicular access and connections to or from the state highway system shall be regulated by the permitting authority in accordance with the provisions of this chapter in order to protect the public health, safety, and welfare.

     (2) The department shall, no later than July 1, 1992, adopt by rule administrative procedures, which establish access standards and rules for its issuance and modification of access permits, closing of unpermitted connections, and revocation of permits in accordance with this chapter.  The department shall consult with the association of Washington cities in the development of access standards for city streets designated as state highways under chapter 47.24 RCW.

     (3) Cities and towns shall, no later than July 1, 1993, adopt standards for access permitting on streets designated as state highways which meet or exceed the department's standards, provided that such standards may not be inconsistent with standards adopted by the department.

NEW SECTION. Sec. 24.  ACCESS PERMITS.  (1) No connection to a state highway shall be constructed or altered without obtaining an access permit in accordance with this chapter in advance of such action.  A permitting authority has the authority to deny access to the state highway system at the location specified in the permit until the permittee constructs or alters the connection in accordance with the permit requirements.

     (2) The cost of construction or alteration of a connection shall be borne by the permittee, except for alterations which are not required by law or administrative rule, but are made at the request of and for the convenience of the permitting authority.  The permittee, however, shall bear the cost of alteration of any connection which is required by the permitting authority due to increased or altered traffic flows generated by changes in the facilities or nature of business conducted at the location specified in the permit.

     (3) Except as otherwise provided in this chapter, an unpermitted connection is subject to closure by the appropriate permitting authority which shall have the right to install barriers across or remove the connection.  When the permitting authority determines that a connection is unpermitted and subject to closure, it shall provide reasonable notice of its impending action to the owner of property served by the connection.  The permitting authority's procedures for providing notice and preventing the operation of unpermitted connections shall be adopted by rule.

NEW SECTION. Sec. 25.  PERMIT FEE.  The department shall establish by rule a schedule of fees for permit applications made to the department.  The fee shall be nonrefundable and shall be used to offset the costs of administering the access permit review process and the costs associated with administering the provisions of this chapter.

NEW SECTION. Sec. 26.  PERMIT REVIEW PROCESS.  The review process for access permit applications made by the department shall be as follows:  Any person seeking an access permit shall file an application with the department.  The department by rule shall establish application form and content requirements.  The fee required by section 25 of this act must accompany the applications.

NEW SECTION. Sec. 27.  PERMIT CONDITIONS.  (1) The permitting authority may issue a permit subject to any conditions necessary to carry out the provisions of this chapter, including, but not limited to, requiring the use of a joint-use connection.  The permitting authority may revoke a permit if the applicant fails to comply with the conditions upon which the issuance of the permit was predicated.

     (2) All permits issued under this chapter shall automatically expire and become invalid if the connection is not constructed within one year after the issuance of the permit.

NEW SECTION. Sec. 28.  PERMIT REMOVAL.  (1) Unpermitted connections to the state highway system in existence on July 1, 1991, which have been in continuous use for a period of one year or more shall not require the issuance of a permit and may continue to provide access to the state highway system, unless the permitting authority determines that such a connection does not meet minimum acceptable standards of highway safety.  However, a permitting authority may require that a permit be obtained for such a connection if a significant change occurs in the use, design, or traffic flow of the connection or of the state highway to which it provides access.  If a permit is not obtained, the connection may be closed pursuant to section 24 of this act.

     (2) Access permits in effect on July 1, 1991, shall remain valid until modified or revoked.  The permitting authority may, after written notification, under rules adopted in accordance with section 23 of this act, modify or revoke an access permit granted prior to July 1, 1991, by requiring relocation, alteration, or closure of the connection if a significant change occurs in the use, design, or traffic flow of the connection.

     (3) The permitting authority may issue a nonconforming access permit after finding that to deny an access permit would leave the property without a reasonable means of access to the public roads of this state.  Every nonconforming access permit shall specify limits on the maximum vehicular use of the connection and shall be conditioned on the availability of future alternative means of access for which access permits can be obtained.

NEW SECTION. Sec. 29.  ACCESS MANAGEMENT STANDARDS.  (1) The department shall develop, adopt, and maintain an access control classification system for all routes on the state highway system, the purpose of which shall be to provide for the implementation and continuing applications of the provision of this chapter.

     (2) The principal component of the access control classification system shall be access management standards, the purpose of which shall be to provide specific minimum standards to be adhered to in the planning for and approval of access to state highways.

     (3) The control classification system shall be developed consistent with the following:

     (a) The department shall, no later than July 1, 1993, adopt rules setting forth procedures governing the implementation of the access control classification system required by this chapter.  The rule shall provide for input from the entities described in (b) of this subsection as well as for public meetings to discuss the access control classification system.  Nothing in this chapter shall affect the validity of the department's existing or subsequently adopted rules concerning access to the state highway system.  Such rules shall remain in effect until repealed or replaced by the rules required by this chapter.

     (b) The access control classification system shall be developed in cooperation with counties, cities and towns, the state department of community development, regional transportation planning organizations, and other local governmental entities.

     (c) The rule required by this section shall provide that assignment of a road segment to a specific access category be made in consideration of the following criteria:

     (i) Local land use plans and zoning, as set forth in comprehensive plans;

     (ii) The current functional classification as well as potential future functional classification of each road on the state highway system;

     (iii) Existing and projected traffic volumes;

     (iv) Existing and projected state, local, and metropolitan planning organization transportation plans and needs;

     (v) Drainage requirements;

     (vi) The character of lands adjoining the highway;

     (vii) The type and volume of traffic requiring access;

     (viii) Other operational aspects of access;

     (ix) The availability of reasonable access by way of county roads and city streets to a state highway; and

     (x) The cumulative effect of existing and projected connections on the state highway system's ability to provide for the safe and efficient movement of people and goods within the state.

     (d) Access management standards shall include, but not be limited to, connection location standards, safety factors, design and construction standards, desired levels of service, traffic control devices, and effective maintenance of the roads.  The standards shall also contain minimum requirements for the spacing of connections, intersecting streets, roads, and highways.

     (e) An access control category shall be assigned to each segment of the state highway system by July 1, 1993.

                              LOCAL ACCESS MANAGEMENT

NEW SECTION. Sec. 30.  LEGISLATIVE FINDINGS--LOCAL ARTERIALS.  The legislature finds that:

     (1) Regulation of access to city and county arterials is desirable in order to protect the public health, safety, and welfare, to preserve the functional integrity of the city and county arterials, and to promote the safe and efficient movement of people and goods within the state regions; and

     (2) The development of access management programs, in accordance with section 31 of this act, which coordinates land use planning decisions and investments in city and county arterials by local governments and the state, will serve to control the proliferation of connections and other access approaches to and from the local arterial system.

NEW SECTION. Sec. 31.  LOCAL ACCESS GUIDELINES.  (1) The city design standards committee under RCW 35.78.030 and the county design standards committee under RCW 43.32.020, shall by December 31, 1992, adopt guidelines for access regulation on city and county arterials.

     (2) Cities and counties are authorized to develop access management policies, which may be based on these guidelines to regulate access to city and county arterials in order to enhance the safety and traffic carrying capacity of local arterials.

NEW SECTION. Sec. 32.  PROJECT FUNDING.  Projects funded through the transportation improvement account, the urban arterial trust account, and the rural arterial trust account shall be consistent with guidelines developed under section 31(1) of this act.

                         TRANSPORTATION DEMAND MANAGEMENT

NEW SECTION. Sec. 33.  FINDINGS--DEMAND MANAGEMENT.  The legislature finds that automotive traffic in Washington's metropolitan areas is the major source of emissions of air contaminants.  This air pollution causes significant harm to public health, causes damage to trees, plants, structures, and materials and degrades the quality of the environment.

     Increasing automotive traffic is also aggravating traffic congestion in Washington's metropolitan areas.  This traffic congestion imposes significant costs on Washington's businesses, governmental agencies, and individuals in terms of lost working hours and delays in the delivery of goods and services.  Traffic congestion worsens automobile-related air pollution, increases the consumption of fuel, and degrades the habitability of many of Washington's cities and suburban areas.  The capital and environmental costs of fully accommodating the existing and projected automobile traffic on roads and highways are prohibitive.  Decreasing the demand for vehicle trips is significantly less costly and at least as effective in reducing traffic congestion and its impacts as constructing new transportation facilities such as roads and bridges, to accommodate increased traffic volumes.

     The legislature also finds that increasing automotive transportation is a major factor in increasing consumption of gasoline and, thereby, increasing reliance on imported sources of petroleum.  Moderating the growth in automotive travel is essential to stabilizing and reducing dependence on imported petroleum and improving the nation's energy security.

     The legislature further finds that reducing the number of commute trips to work made via single occupant cars and light trucks is an effective way of reducing automobile-related air pollution, traffic congestion, and energy use.  Major employers have significant opportunities to encourage and facilitate reducing single occupant vehicle commuting by employees.

     The intent of this chapter is to require local governments in those counties experiencing the greatest automobile-related air pollution and traffic congestion to develop and implement plans to reduce single occupant vehicle commute trips.  Such plans shall require major employers and employers at major work sites to implement programs to reduce single occupant vehicle commuting by employees at major work sites.  Local governments in counties experiencing significant but less severe automobile-related air pollution and traffic congestion may implement such plans.  State agencies shall implement programs to reduce single occupant vehicle commuting at all major work sites throughout the state.

NEW SECTION. Sec. 34.  DEFINITIONS.  Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

     (1) "Phase 1 major employer" means a private or public employer that employs one hundred or more full-time employees at a single work site who begin their regular work day between 6:00 a.m. and 10:00 a.m. on weekdays for at least six continuous months during the year.

     (2) "Phase 2 major employer" means a private or public employer that employs fifty to ninety-nine full-time employees at a single work site who begin their regular work day between 6:00 a.m. and 10:00 a.m. on weekdays for at least six continuous months during the year.

     (3) "Major work site" means a building or group of buildings that are on physically contiguous parcels of land or on parcels separated solely by private or public roadways or rights of way, and at which there are fifty or more full-time equivalent employees of one or more employers, who begin their regular work day between 6:00 a.m. and 10:00 a.m. on weekdays, for at least six continuous months.

     (4) "Commute trip reduction zones" mean areas, such as census tracts or combinations of census tracts, within a jurisdiction that are characterized by similar employment density, population density, level of transit service, parking availability, access to high occupancy vehicle facilities, and other factors that are determined to affect the level of single occupancy vehicle commuting.

     (5) "Commute trip" means trips made from a worker's home to a work site during the peak period of 6 a.m. to 10 a.m. on weekdays.

     (6) "Proportion of single occupant vehicle commute trips" means the number of commute trips made by single occupant automobiles divided by the number of full-time equivalent employees.

     (7) "Commute trip vehicle miles traveled per employee" means the sum of the individual vehicle commute trip lengths in miles over a set period divided by the number of full-time equivalent employees during that period.

     (8) "Base year" means the year January 1, 1992, through December 31, 1992, on which goals for vehicle miles traveled and single occupant vehicle trips shall be based.  Base year goals may be determined using the 1990 journey-to-work census data projected to the year 1992 and shall be consistent with the growth management act.  The task force shall establish a method to be used by jurisdictions to determine reductions of vehicle miles traveled.

NEW SECTION. Sec. 35.  REQUIREMENTS FOR COUNTIES AND CITIES.  (1) Each county with a population over one hundred fifty thousand, and each city or town within those counties containing a phase 1 major employer shall, by July 1, 1992, adopt by ordinance and implement a commute trip reduction plan for all phase 1 employers.  Each county with a population over one hundred fifty thousand, and each city or town within those counties containing a phase 2 major employer shall, by July 1, 1994, adopt by ordinance and implement a commute trip reduction plan for all phase 2 employers.  The plan shall be developed in cooperation with local transit agencies, regional transportation planning organizations as established in RCW 47.80.020, phase 1 or phase 2 major employers, and the owners of and employers at major work sites.  The plan shall be designed to achieve reductions in the proportion of single occupant vehicle commute trips and the commute trip vehicle miles traveled per employee by employees of phase 1 and phase 2 major public and private sector employers in the jurisdiction.

     (2) All other counties, and cities and towns in those counties, may adopt and implement a commute trip reduction plan.

     (3) The department of ecology may, after consultation with the state energy office, as part of the state implementation plan for areas that do not attain the national ambient air quality standards for carbon monoxide or ozone, require municipalities other than those identified in subsection (1) of this section to adopt and implement commute trip reduction plans if the department determines that such plans are necessary for attainment of said standards.

     (4) A commute trip reduction plan shall be consistent with the guidelines established under section 38 of this act and shall include but is not limited to (a) goals for reductions in the proportion of single occupant vehicle commute trips and the commute trip vehicle miles traveled per employee; (b) designation of commute trip reduction zones; (c) requirements for major public and private sector employers to implement commute trip reduction programs; (d) a commute trip reduction program for employees of the county, city, or town; (e) a review of local parking policies and ordinances as they relate to employers and major work sites and any revisions necessary to comply with commute trip reduction goals and guidelines; and (f) means for determining base year values of the proportion of single occupant vehicle commute trips and the commute trip vehicle miles traveled per employee and progress toward meeting commute trip reduction plan goals on an annual basis.  Goals which are established shall take into account existing transportation demand management efforts which are made by phase 1 and phase 2 major employers.  The goals for miles traveled per employee for all phase 1 employers shall not be less than a fifteen percent reduction from the base year value of the commute trip reduction zone in which their work site is located by January 1, 1994, twenty-five percent reduction from the base year values by January 1, 1996, and thirty-five percent reduction from the base year values by January 1, 1998.  The goals for miles traveled per employee for all phase 2 employers shall not be less than a fifteen percent reduction from the base year values of the commute trip reduction zone in which their work site is located by January 1, 1996, twenty-five percent reduction from the base year values by January 1, 1998, and thirty-five percent reduction from the base year values by January 1, 2000.

     (5) A county, city, or town may, as part of its commute trip reduction plan, require commute trip reduction programs for other than phase 1 and phase 2 major employers for major work sites if the county, city, or town determines such programs are necessary to address local transportation or air quality problems.

     (6) The commute trip reduction plans adopted by counties, cities, and towns under this chapter shall be consistent with and may be incorporated in applicable state or regional transportation plans and local comprehensive plans and shall be coordinated, and consistent with, the commute trip reduction plans of counties, cities, or towns with which the county, city, or town has, in part, common borders or related regional issues.  Counties, cities, or towns adopting commute trip reduction plans may enter into agreements through the interlocal cooperation act with other jurisdictions, local transit agencies, or regional transportation planning organizations to coordinate the development and implementation of such plans.  Counties, cities, or towns adopting a commute trip reduction plan shall review it annually and revise it as necessary to be consistent with applicable plans developed under RCW 36.70A.070.

     (7) Each county, city, or town implementing a commute trip reduction program shall, by July 15, 1992, for phase 1 employers and by July 15, 1994, for phase 2 employers submit a summary of its plan along with certification of adoption to the commute trip reduction task force established under section 38 of this act.

     (8) Each county, city, or town implementing a commute trip reduction program shall submit an annual progress report to the commute trip reduction task force established under section 38 of this act.  The report shall be due July 1, 1993, and each July 1 thereafter through July 1, 2000.  The report shall describe progress in attaining the applicable commute trip reduction goals for each commute trip reduction zone and shall highlight any problems being encountered in achieving the goals.  The information shall be reported in a form established by the commute trip reduction task force.

NEW SECTION. Sec. 36.  REQUIREMENTS FOR EMPLOYERS.  (1) Not more than six months after the adoption of the commute trip reduction plan by a jurisdiction, each phase 1 and phase 2 major employer in that jurisdiction shall develop a commute trip reduction program and shall submit a description of that program to the jurisdiction for review.  The program shall be implemented not more than six months after submission to the jurisdiction.

     (2) A commute trip reduction program shall consist of, at a minimum (a) designation of an on-site transportation coordinator; (b) regular distribution of information to employees regarding alternatives to single occupant vehicle commuting; (c) an annual review of employee commuting and reporting of progress toward meeting the single occupant vehicle reduction goals to the county, city, or town consistent with the method established in the commute trip reduction plan; and (d) implementation of a set of measures designed to achieve the applicable commute trip reduction goals adopted by the jurisdiction.  Such measures may include but are not limited to:

     (i) Provision of preferential parking or reduced parking charges, or both, for high occupancy vehicles;

     (ii) Instituting or increasing parking charges for single occupant vehicles;

     (iii) Provision of commuter ride matching services to facilitate employee ridesharing for commute trips;

     (iv) Provision of subsidies for transit fares;

     (v) Provision of vans for van pools;

     (vi) Provision of subsidies for car pooling or van pooling;

     (vii) Permitting the use of the employer's vehicles for car pooling or van pooling;

     (viii) Permitting flexible work schedules to facilitate employees' use of transit, car pools, or van pools;

     (ix) Cooperation with transportation providers to provide additional regular or express service to the work site;

     (x) Construction of special loading and unloading facilities for transit, car pool, and van pool users;

     (xi) Provision of bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work;

     (xii) Provision of a program of parking incentives such as a rebate for employees who do not use the parking facility;

     (xiii) Establishment of a program to permit employees to work part or full time at home or at an alternative work site closer to their homes;

     (xiv) Establishment of a program of alternative work schedules such as compressed work week schedules which reduce commuting; and

     (xv) Implementation of other measures designed to facilitate the use of high-occupancy vehicles such as on-site day care facilities and emergency taxi services.

     (3) Employers or owners of work sites may form or utilize existing transportation management associations to assist members in developing and implementing commute trip reduction programs.

NEW SECTION. Sec. 37.  JURISDICTIONS' REVIEW AND PENALTIES.  (1) Each jurisdiction implementing a commute trip reduction plan under this chapter or as part of a plan or ordinance developed under RCW 36.70A.070 shall review each employer's initial commute trip reduction program to determine if the program is likely to meet the applicable commute trip reduction goals.  The employer shall be notified by the jurisdiction of its findings.  If the jurisdiction finds that the program is not likely to meet the applicable commute trip reduction goals, the jurisdiction will work with the employer to modify the program as necessary.  The jurisdiction shall complete review of each employer's initial commute trip reduction program within six months of receipt.

     (2) Each jurisdiction shall annually review each employer's progress toward meeting the applicable commute trip reduction goals.  If it appears an employer is not likely to meet the applicable commute trip reduction goals, the jurisdiction shall work with the employer to make modifications to the commute trip reduction program.

     (3) If an employer fails to meet the applicable commute trip reduction goals, the jurisdiction shall propose modifications to the program and direct the employer to revise its program within thirty days to incorporate those modifications or modifications which the jurisdiction determines to be equivalent.

     (4) Each jurisdiction implementing a commute trip reduction plan pursuant to this chapter may impose civil penalties, in the manner provided in chapter 7.80 RCW, for failure by an employer to implement a commute trip reduction program or to modify its commute trip reduction program as required in subsection (3) of this section.

NEW SECTION. Sec. 38.  COMMUTE TRIP REDUCTION TASK FORCE.  (1) A commute trip reduction task force shall be established by the state energy office.  The task force shall be composed of one representative from the state energy office who shall serve as chair; one representative from each of the departments of transportation, ecology, community development, and general administration; three representatives from counties, based on recommendations from the Washington state association of counties; three representatives from cities or towns, based on recommendations from the association of Washington cities; three representatives from transit agencies recommended by Washington State Transit Association; three interested citizens; and six representatives from major employers.  The task force shall be dissolved on July 1, 2000.

     (2) By January 1, 1992, the commute trip reduction task force shall establish guidelines for commute trip reduction plans.  The guidelines are intended to ensure consistency in commute trip reduction plans and goals among jurisdictions while fairly taking into account differences in employment and housing density, employer size, existing and anticipated levels of transit service, and other factors the task force determines to be relevant.  The guidelines shall include criteria for establishing commute trip reduction zones, allowances for employers that have implemented trip reduction programs prior to the base year, and the information requirements for determining progress in meeting the commute trip reduction goals.  The task force may also develop alternative but equivalent trip reduction criteria for phase 1 and phase 2 major employers, which cannot meet the goals of this chapter because of the unique nature of their business.  For example, the task force may develop alternate but equivalent criteria for major employers whose major work sites change, and who contribute substantially to traffic congestion in a trip reduction zone.

     (3) The task force shall review the costs and benefits of commute trip plans and programs and shall make recommendations to the legislature by December 1, 1993, December 1, 1995, December 1, 1997, and December 1, 1999.  In assessing the costs and benefits, the task force shall also consider the costs of not having implemented commute trip reduction plans and programs.  The recommendations shall address the need for continuation, modification, or termination of any or all requirements of this chapter.

NEW SECTION. Sec. 39.  TECHNICAL ASSISTANCE TEAM.  (1) A technical assistance team shall be established under the direction of the state energy office and include representatives of the departments of transportation and ecology.  The team shall provide staff support to the commute trip reduction task force in carrying out the requirements of section 38 of this act and to the department of general administration in carrying out the requirements of section 42 of this act.

     (2) The team shall provide technical assistance to counties, cities, and towns, the department of general administration, other state agencies, and other employers in developing and implementing commute trip reduction plans and programs.  The technical assistance shall include:  (a) Guidance in determining base and subsequent year values of single occupant vehicle commuting proportion and commute trip reduction vehicle miles traveled to be used in determining progress in attaining plan goals; (b) developing model plans and programs appropriate to different situations; and (c) providing consistent training and informational materials for the implementation of commute trip reduction programs.  Model plans and programs, training and informational materials shall be developed in cooperation with representatives of local governments, transit agencies, and employers.

NEW SECTION. Sec. 40.  USE OF FUNDS.  A portion of the funds made available for the purposes of this chapter shall be used to fund the commute trip reduction task force in carrying out the responsibilities of section 39 of this act, and the interagency technical assistance team and to assist counties, cities, and towns implementing commute trip reduction plans.  Funds shall be provided to the counties in proportion to the number of major employers and major work sites in each county.  The counties shall provide funds to cities and towns within the county which are implementing commute trip reduction plans in proportion to the number of major employers and major work sites within the city or town.

NEW SECTION. Sec. 41.  LEGISLATIVE INTENT--STATE LEADERSHIP.  The legislature hereby recognizes the state's crucial leadership role in establishing and implementing effective commute trip reduction programs.  Therefore, it is the policy of the state that the department of general administration and other state agencies shall aggressively develop substantive programs to reduce commute trips by state employees.  Implementation of these programs will reduce energy consumption, congestion in urban areas, and air and water pollution associated with automobile travel.

NEW SECTION. Sec. 42.  GENERAL ADMINISTRATION.  (1) The director of general administration, with the concurrence of an interagency task force established for the purposes of this section, shall coordinate a commute trip reduction plan for state agencies which are phase 1 major employers by July 1, 1992, and for state agencies which are phase 2 major employers by July 1, 1994.  The task force shall include representatives of the state energy office, the departments of transportation and ecology and such other departments as the director of general administration determines to be necessary to be generally representative of state agencies.  The state agency plan shall be consistent with the requirements of sections 35 and 36 of this act and shall be developed in consultation with state employees, local and regional governments, local transit agencies, the business community, and other interested groups.  The plan shall consider and recommend policies applicable to all state agencies including but not limited to policies regarding parking and parking charges, employee incentives for commuting by other than single-occupant automobiles, flexible and alternative work schedules, alternative work sites, and the use of state-owned vehicles for car and van pools.  The plan shall also consider the costs and benefits to state agencies of achieving commute trip reductions and consider mechanisms for funding state agency commute trip reduction programs.  The department shall, by July 15, 1992, for phase 1 major employers and by July 15, 1994, for phase 2 major employers submit a summary of its plan along with certification of adoption to the commute trip reduction task force established under section 38 of this act.

     (2) Not more than three months after the adoption of the commute trip reduction plan, each state agency shall, for each facility which is a phase 1 or phase 2 major employer, develop a commute trip reduction program.  The program shall be designed to meet the goals of the commute trip reduction plan of the county, city, or town or, if there is no local commute trip reduction plan, the state.  The program shall be consistent with the policies of the state commute trip reduction plan and section 36 of this act.  The agency shall submit a description of that program to the local jurisdiction implementing a commute trip reduction plan or, if there is no local commute trip reduction plan, to the department of general administration.  The program shall be implemented not more than three months after submission to the department.  Annual reports required in section 36(2)(c) of this act shall be submitted to the local jurisdiction implementing a commute trip reduction plan and to the department of general administration.  An agency which is not meeting the applicable commute trip reduction goals shall, to the extent possible, modify its program to comply with the recommendations of the local jurisdiction or the department of general administration.

     (3) State agencies sharing a common location may develop and implement a joint commute trip reduction program or may delegate the development and implementation of the commute trip reduction program to the department of general administration.

     (4) The department of general administration in consultation with the state technical assistance team shall review the initial commute trip reduction program of each state agency subject to the commute trip reduction plan for state agencies to determine if the program is likely to meet the applicable commute trip reduction goals and notify the agency of any deficiencies.  If it is found that the program is not likely to meet the applicable commute trip reduction goals, the team will work with the agency to modify the program as necessary.

     (5)  For each agency subject to the state agency commute trip reduction plan, the department of general administration in consultation with the technical assistance team shall annually review progress toward meeting the applicable commute trip reduction goals.  If it appears an agency is not meeting or is not likely to meet the applicable commute trip reduction goals, the team shall work with the agency to make modifications to the commute trip reduction program.

     (6) The department of general administration shall submit an annual progress report for state agencies subject to the state agency commute trip reduction plan to the commute trip reduction task force established under section 38 of this act.  The report shall be due April 1, 1993, and each April 1 through 2000.  The report shall report progress in attaining the applicable commute trip reduction goals for each commute trip reduction zone and shall highlight any problems being encountered in achieving the goals.  The information shall be reported in a form established by the commute trip reduction task force.

NEW SECTION. Sec. 43.  A new section is added to chapter 70.94 RCW to read as follows:

     CONFORMITY.  No state agency, metropolitan planning organization, or local government shall approve or fund a transportation plan, program, or project unless a determination has been made that the plan, program, or project conforms with the state implementation plan for air quality.

     (1) "Conformity to the state implementation plan" means:

     (a) Conformity to the state implementation plan's purpose of eliminating or reducing the severity and number of violations of the national ambient air quality standards and achieving expeditious attainment of such standards; and

     (b) Ensuring that a proposed transportation plan, program, or project will not:

     (i) Cause or contribute to any new violation of any standard in any area;

     (ii) Increase the frequency or severity of any existing violation of any standard in any area; or

     (iii) Delay timely attainment of any standard or any required interim emission reductions or other milestones in any area.

     Conformity determination shall be made by the state or local government or metropolitan planning organization administering or developing the plan, program, or project.  The determination of conformity shall be based on the most recent estimates of emissions, and such estimates shall be determined from the most recent  population, employment, travel, and congestion estimates as determined by the metropolitan planning organization or other agency authorized to make such estimates.

     (2) Plans and programs conform if:

     (a) Emissions resulting from such plans and programs are consistent with baseline emission inventories and emission reduction projections and schedules assigned to those plans and programs in the state implementation plan; and

     (b) The plans and programs provide for the timely implementation of the transportation provisions in the approved or promulgated state implementation plan.

     (3) A project conforms if:

     (a) It is a control measure from the state implementation plan; or

     (b) It comes from a conforming plan and program, and the design and scope of such project has not changed significantly since the plan and program from which the project derived was found to conform.

     (c) A project other than one referred to in (a) and (b) of this subsection conforms if it is demonstrated that the project either does not contribute to increased emissions in the nonattainment area, or that offsetting emission reductions for the project are specifically provided for in the transportation plan and program, or are otherwise enforceable through the state implementation plan, before the project is approved.

     (d) No later than eighteen months after the effective date of this section, the director of the department of ecology and the secretary of transportation, in consultation with other state, regional, and local agencies as appropriate, shall adopt by rule criteria and guidance for demonstrating and assuring conformity of plans, programs, and projects.

     (4) A project with a scope that is limited to safety, preservation, or maintenance, or any combination thereof, shall be exempted from a conformity determination requirement.

NEW SECTION. Sec. 44.  CODIFICATION.  Sections 4 through 6 of this act are each added to chapter 36.70A RCW.

NEW SECTION. Sec. 45.  CODIFICATION.  Sections 16 through 20 of this act shall constitute a new chapter in Title 47 RCW.

NEW SECTION. Sec. 46.  CODIFICATION.  Sections 21 through 29 of this act shall constitute a new chapter in Title 47 RCW.

NEW SECTION. Sec. 47.  CODIFICATION.  Sections 30 through 32 of this act are each added to chapter 47.26 RCW.

NEW SECTION. Sec. 48.  CODIFICATION.  Sections 33 through 42 of this act shall constitute a new chapter in Title 81 RCW.

NEW SECTION. Sec. 49.  HEADINGS.  Section captions and part headings as used in this act do not constitute any part of the law.

NEW SECTION. Sec. 50.  TDM--NULL AND VOID.  If funding for the purposes of sections 33 through 42 of this act is not provided by June 30, 1991, sections 33 through 43 and 48 of this act shall be null and void.

NEW SECTION. Sec. 51.  EMERGENCY CLAUSE.  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 July 1, 1991.

NEW SECTION. Sec. 52.  SEVERABILITY CLAUSE.  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.