H-2385

AN ACT Relating to growth strategies; adding a new section to chapter 70.94 RCW; adding new sections to chapter 47.26 RCW; adding a new chapter 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:

HIGHWAY ACCESS MANAGEMENT

NEW SECTION. Sec. 1. 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 2 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. 2. 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. 3. 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. 4. 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. The cost of a change to a permitted access required for safety reasons shall be at the expense of the department.

(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. 5. 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. 6. 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 5 of this act must accompany the applications.

NEW SECTION. Sec. 7. 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. 8. 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 4 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 3 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. The cost of a change to a permitted access required for safety reasons shall be at the expense of the department.

(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. 9. 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. 10. 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 11 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. 11. 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. To the extent possible, the guidelines for city and county arterials shall be consistent.

(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. 12. 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 11(1) of this act.

TRANSPORTATION DEMAND MANAGEMENT

NEW SECTION. Sec. 13. 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. 14. 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. 15. 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 18 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 18 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 18 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.

(9) Each county, city, or town implementing a commute trip reduction program shall count commute trips eliminated through work-at-home options or alternate work schedules as one and two-tenths vehicle trips eliminated for the purpose of meeting trip reduction goals.

(10) Plans implemented under this section shall not apply to commute trips for seasonal agricultural employees.

NEW SECTION. Sec. 16. 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. 17. 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. 18. 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. 19. 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 18 of this act and to the department of general administration in carrying out the requirements of section 22 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. 20. 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 19 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. 21. 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. 22. 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 15 and 16 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 18 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 16 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 16(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 18 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. 23. 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. 24. CODIFICATION. Sections 1 through 9 of this act shall constitute a new chapter in Title 47 RCW.

NEW SECTION. Sec. 25. CODIFICATION. Sections 10 through 12 of this act are each added to chapter 47.26 RCW.

NEW SECTION. Sec. 26. CODIFICATION. Sections 13 through 22 of this act shall constitute a new chapter in Title 81 RCW.

NEW SECTION. Sec. 27. HEADINGS. Section captions and part headings as used in this act do not constitute any part of the law.

NEW SECTION. Sec. 28. TDM--NULL AND VOID. If funding for the purposes of sections 13 through 22 of this act is not provided by June 30, 1991, sections 13 through 23 and 26 of this act shall be null and void.

NEW SECTION. Sec. 29. 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. 30. 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.