H-1471

AN ACT Relating to transportation strategies for reducing the impact of motor vehicles; amending RCW 70.120.010; adding a new section to chapter 82.44 RCW; adding a new section to chapter 70.94 RCW; adding a new chapter to Title 81 RCW; adding a new chapter to Title 82 RCW; creating a new section; providing penalties; providing an effective date; and declaring an emergency.

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

NEW SECTION. Sec. 1. 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 and increases the consumption of fuel. This same traffic congestion also degrades the livability 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 commuter 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. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Major employer" means a private or public employer which employs fifty 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 a year.

(2) "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.

(3) "Commuter trip reduction zones" mean areas 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.

(4) "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 week days.

(5) "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.

(6) "Commute trip vehicle miles traveled per employee" means the sum of the undivided vehicle commute trip lengths in miles divided by the number of full-time equivalent employees. Commute trips made by transit shall not be counted as a vehicle commute trip.

(7) "Base year" means the year January 1, 1992, through December 31, 1992.

NEW SECTION. Sec. 3. (1) Each county with a population over one hundred twenty-five thousand, and each city or town within those counties containing a major employer shall, by July 1, 1992, adopt by ordinance and shall implement a commute trip reduction plan. The plan shall be developed in cooperation with local transit agencies, regional transportation planning organizations as established in RCW 47.80.020, 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 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 6 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 commuter 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. In establishing goals for reductions in single occupant vehicle trip proportion and vehicle miles traveled per employee, the county, city, or town shall take into account the considerations of RCW 81.100.040. The goals for miles traveled per employee shall not be less than a fifteen percent reduction from the base year values for all major employers in a work trip reduction zone 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.

(5) A county, city, or town may, as part of its commute trip reduction plan, require commute trip reduction programs for other than 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, submit a summary of its plan along with certification of adoption to the commute trip reduction task force established under section 6 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 6 of this act. The report shall be due July 1, 1993, and each July 1 thereafter through July 1, 1998. The report shall describe progress in attaining the applicable commute trip reduction goals for each commuter 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. 4. (1) Not more than six months after the adoption of the commute trip reduction plan by a jurisdiction, each 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 three 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 survey 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. 5. (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 employee'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 to incorporate those modifications or modifications which the jurisdiction determines to be equivalent within thirty days.

(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. 6. (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, 1999.

(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 commuter trip reduction zones and the information requirements for determining progress in meeting the commute trip reduction goals.

(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, 1994, December 1, 1996, and December 1, 1998. 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. 7. (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 6 of this act and to the department of general administration in carrying out the requirements of section 10 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. 8. A portion of the funds collected under section 16 of this act shall be used to fund the commute trip reduction task force in carrying out the responsibilities of section 7 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. 9. The legislature hereby recognizes the state's crucial leadership role in establishing and implementing effective commuter 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 commuter 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. 10. (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 facilities by July 1, 1992. 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 3 and 4 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, submit a summary of its plan along with certification of adoption to the commute trip reduction task force established under section 6 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 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 4 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 4(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 6 of this act. The report shall be due April 1, 1993, and each April 1 through 1998. The report shall report progress in attaining the applicable commute trip reduction goals for each commuter 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. 11. Sections 1 through 10 of this act shall constitute a new chapter in Title 81 RCW.

NEW SECTION. Sec. 12. The long-range health and environmental goals for the state of Washington require the protection of the state's air quality for the health, safety, and enjoyment of its people. It is the purpose of this chapter to encourage the purchase of efficient, low emission motor vehicles.

NEW SECTION. Sec. 13. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Motor vehicle" means all motor vehicles of the type designed primarily to be used upon the public streets and highways, for the convenience or pleasure of the owner, or for the conveyance, for hire or otherwise, of persons or property, including automobiles, light trucks, fixed loads and facilities for human habitation; but shall not include (a) dock and warehouse tractors and their cars or trailers, lumber carriers of the type known as spiders, and all other automotive equipment not designed primarily for use upon public streets, or highways, (b) mobile home and travel trailers as defined in RCW 82.50.010, or (c) farm vehicles as defined in RCW 46.04.181.

(2) "New motor vehicle dealer" means the initial retail seller of motor vehicles as defined in subsection (1) of this section.

(3) "Purchase price" means the price paid by a new motor vehicle dealer to a manufacturer, or distribution company of a manufacturer, for a motor vehicle delivered to the dealer for subsequent resale.

NEW SECTION. Sec. 14. An excise tax is imposed on the privilege of selling by manufacturers or the distribution companies of manufacturers new motor vehicles to the new motor vehicle dealers in the state or directly to persons, if a new motor vehicle dealer is not involved. The excise tax shall consist of two parts and shall be computed as follows:

(1) Part one shall be an amount equal to thirty-seven one-hundredths percent of the purchase price of the vehicle and shall be based on information provided pursuant to section 17 of this act; and

(2) Part two shall be an amount computed by section 15 of this act.

NEW SECTION. Sec. 15. The tax under section 14(2) of this act will be based on a vehicle's emissions of hydrocarbons, carbon monoxide, oxides of nitrogen, and carbon dioxide weighted relative to the emissions of other new motor vehicles in the class. The state energy office shall calculate the tax for each new vehicle based on its total emissions relative to other vehicles in the same class. In calculating a schedule of taxes, the state energy office shall, in consultation with the department of ecology, utilize United States environmental protection agency estimates of emissions per mile of each pollutant. The schedule shall be updated annually, in order to incorporate new information on emissions. The maximum tax imposed on a new vehicle under this section is two hundred fifty dollars, except this maximum tax shall be adjusted annually to account for inflation as determined by the state office of the economic and revenue forecast council.

NEW SECTION. Sec. 16. The excise tax imposed by section 14(2) of this act is due and payable by the vehicle manufacturer to the department of revenue or its agents quarterly as determined by the department of revenue. Automobiles and light pick-up trucks will be considered separate classes for the purposes of the emission fee imposed by section 14(2) of this act.

NEW SECTION. Sec. 17. (1) Each new motor vehicle dealer in the state shall before the twenty-fifth day of February, May, August, and November of each year, commencing with November 1991, advise the department of revenue of the make, model, body type, engine type, and displacement and transmission type as specified on the United States environmental protection agency fuel economy label of the new motor vehicles delivered to them by vehicle manufacturers or the distribution companies of manufacturers during the preceding calendar quarter ending on the last day of March, June, September, and December, respectively. The department of revenue may collect the excise tax imposed by section 14(1) of this act based upon the information provided by the new motor vehicle dealers.

(2) Chapter 82.32 RCW applies to the tax imposed by this chapter, in addition to any other provisions of law for the payment and enforcement of the tax imposed by this chapter. The department of revenue shall by rule provide for the effective administration of this chapter.

NEW SECTION. Sec. 18. (1)(a) The air pollution control account is established in the state treasury. The moneys deposited into the air pollution control account from revenues under section 14 of this act may be used by the state energy office, the department, and local air authorities to develop and implement the provisions of this chapter.

(b) Money in the air pollution control account shall be expended by the state energy office or the department of ecology subject to legislative appropriation. All earnings of investments of balances in the air pollution control account shall be credited to the general fund. The amounts collected and allocated in accordance with this section shall be expended upon appropriation and in accordance with the following limitations:

Portions of moneys received by the department from the air pollution control account shall be distributed by the department to local authorities based on:

(i) The level and extent of motor vehicle related air quality problems within such authority's jurisdiction;

(ii) The costs associated with implementing motor vehicle related programs by such authority; and

(iii) The amount of funding available to such authority from other sources, whether state, federal, or local, that could be used to implement motor vehicle related programs.

(2) On the first day of the months of January, April, July, and October of each year the department of revenue shall deposit all excise taxes collected under this chapter into the air pollution control account.

NEW SECTION. Sec. 19. The state energy office shall publish annually, for each new automobile and light truck make, model, body type, engine type, and displacement and transmission type, the emissions excise tax for that vehicle; the maximum and minimum emissions excise tax for vehicles of the same vehicle class as defined by the United States environmental protection agency; the estimated total emissions of hydrocarbons, carbon monoxide, oxides of nitrogen and carbon dioxide for that vehicle over one hundred thousand miles; and the maximum and minimum total emissions for vehicles of the same vehicle class. This information shall be distributed to all new motor vehicle dealers along with a form for the display of this information. New motor vehicle dealers shall prominently display this information for each new vehicle on the vehicle using the prescribed form.

NEW SECTION. Sec. 20. Sections 12 through 19 of this act shall constitute a new chapter in Title 82 RCW.

NEW SECTION. Sec. 21. The department of ecology shall contract with Western Washington University for the biennium ending June 30, 1993, for research and development of alternative fuel and solar powered vehicles. A report on the progress of such research shall be presented to the standing transportation and environmental committees and the department by January 1, 1994.

Sec. 22. RCW 70.120.010 and 1979 ex.s. c 163 s 1 are each amended to read as follows:

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

(1) "Department" means the department of ecology.

(2) "Director" means the director of the department of ecology.

(3) "Fleet" means a group of twenty-five or more motor vehicles owned or leased concurrently by one person.

(4) "Motor vehicle" means any self-propelled vehicle required to be licensed pursuant to chapter 46.16 RCW.

(5) "Motor vehicle dealer" means a motor vehicle dealer, as defined in RCW 46.70.011, that is licensed pursuant to chapter 46.70 RCW.

(6) "Person" means an individual, firm, public or private corporation, association, partnership, political subdivision of the state, municipality, or governmental agency.

(7) The terms "air contaminant," "air pollution," "air quality standard," "ambient air," "emission," and "emission standard" have the meanings given them in RCW 70.94.030.

(8) "Clean fuel vehicle" means a vehicle certified by the department based on designation by the United States environmental protection agency as a "clean-fuel vehicle."

NEW SECTION. Sec. 23. A new section is added to chapter 82.44 RCW to read as follows:

The annual excise tax specified in RCW 82.44.020 shall be waived for any clean-fuel vehicle, as defined in RCW 70.120.010, whose registration expires prior to January 1, 2000.

NEW SECTION. Sec. 24. A new section is added to chapter 70.94 RCW to read as follows:

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 preservation or maintenance, or both, shall be exempted from a conformity determination requirement.

NEW SECTION. Sec. 25. 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.