H-4695

AN ACT Relating to transportation planning; amending RCW 36.79.080, 36.81.121, 47.05.030, 47.26.084, 47.26.220, 35.58.2795, 35.58.2796, and 47.80.040; adding a new chapter to Title 75 RCW; and creating a new section.

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

Sec. 1. 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;

(3) Its consistency with the transportation elements of local comprehensive plans and regional transportation 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. 2. 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 is consistent with the regional transportation plan. 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. 3. 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 12 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. 4. 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 regional transportation plans and the transportation elements of local comprehensive 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.

The board shall not allocate funds, nor make payments of the funds under RCW 47.26.265, for projects in any county or city identified by the governor under RCW 36.70A.340.

Sec. 5. 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 the transportation elements of local comprehensive plans and regional transportation 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. 6. 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. 7. RCW 35.58.2796 and 1989 c 396 s 2 are each amended to read as follows:

(1) The department of transportation shall develop an annual report summarizing the status of ((~~public transportation~~)) transit 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 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 report shall also address the progress made toward meeting state-wide transit goals, policies, and emphasis areas contained in the state transportation policy plan approved by the transportation commission, and when appropriate, adopted by the legislature.

(2) The annual state report shall be derived by the department from the collective transit development plans filed by each municipality as required by RCW 35.58.2795. The ((~~department~~)) report shall describe individual ((~~public transportation~~)) transit systems, including contracted transportation services and dial-a-ride services, and include a state-wide summary of ((~~public transportation~~)) transit accomplishments, issues, and data. The ((~~descriptions~~)) report 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)~~)) (a) Equipment and facilities, including vehicle replacement standards;

((~~(2)~~)) (b) Services and service standards;

((~~(3)~~)) (c) Revenues, expenses, and ((~~ending balances, by fund source~~)) status of reserve accounts;

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

((~~(5)~~)) (e) Operating indicators applied to public transportation services, revenues, and expenses. Operating indicators shall include operating cost per passenger trip, operating cost per revenue vehicle service hour, passenger trips per revenue service hour, passenger trips per vehicle service mile, vehicle service hours per employee, and farebox revenue as a percent of operating costs;

(f) Activities aimed at improving the efficiency and effectiveness of transit services.

Sec. 8. 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.

NEW SECTION. Sec. 9. 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. 10. 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. 11. STATE-WIDE TRANSPORTATION PLAN. The department shall develop a state-wide transportation plan under RCW 47.01.071(3) and in conformance with federal requirements, to ensure the continued mobility of people and goods within regions and across the state in a safe, cost-effective manner. The state-wide transportation plan shall consist of:

(1) A state-owned facilities component, which shall guide state investment for state highways including bicycle facilities, and Washington state ferries; and

(2) A state-interest component, which shall coordinate state interest with public and private transportation providers for aviation, marine port, freight rail, passenger rail, and public transit services.

The plans developed under each component must be consistent with the state transportation policy plan and with each other, shall reflect public involvement, and shall be consistent with regional transportation planning, high-capacity transportation planning, and local comprehensive plans prepared under chapter 36.70A RCW. Forecasts of travel for all modes shall be based upon adopted local comprehensive plans and shall be consistent with those developed for regional transportation planning.

NEW SECTION. Sec. 12. STATE-OWNED FACILITIES COMPONENT OF STATE-WIDE TRANSPORTATION PLAN. The state-owned facilities component of the state-wide transportation plan shall consist of:

(1) The state highway system plan, which identifies program needs and recommends specific improvements to preserve the structural integrity of the state highway system, ensure acceptable operating conditions, and provide for enhanced access to scenic, recreational, and cultural resources. The state highway system plan shall contain the following elements:

(a) A system preservation element, which shall establish structural preservation objectives for the state highway system including bridges, identify current and future structural deficiencies based upon analysis of current conditions and projected future deterioration, and shall recommend program funding levels and specific improvements necessary to preserve the structural integrity of the state highway system consistent with adopted objectives. This element shall serve as the basis for the preservation component of the six-year highway program and the two-year biennial budget request to the legislature;

(b) A capacity and operational improvement element, which shall establish operational objectives, including safety considerations, for moving people and goods on the state highway system, identify current and future capacity, operational, and safety deficiencies, and shall recommend program funding levels and specific improvements and strategies necessary to achieve the operational objectives. In developing capacity and operational improvement plans the department shall first assess strategies to enhance the operational efficiency of the existing system before recommending system expansion. Strategies to enhance the operational efficiencies include but are not limited to access management, transportation system management, demand management, and high-occupancy vehicle facilities. Capacity improvement recommendations shall be based upon the alternative that moves the greatest number of people or quantity of goods, or both.

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 shall serve as the basis for the capacity and operational improvement portions of the six-year highway program and the two-year biennial budget request to the legislature.

(c) A scenic and recreational highways element, which 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 recommend a variety of management strategies to protect, preserve, and enhance these resources. The department, affected counties, cities, and towns, regional transportation planning organizations, and other state or federal agencies shall jointly develop this element.

(d) A bicycle facilities element, which shall identify bicycling needs on the state transportation systems and provide the basis for the investment of state highway funds dedicated to bicycling facilities under chapter 47.30 RCW.

(2) The Washington state ferry system plan, which shall guide capital and operating investments in the state ferry system. The plan shall establish service objectives for state ferry routes, forecast travel demand for the various markets served by the 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 assure that ferry services are fully integrated with other transportation services. The plan shall assess the role of private ferries operating under the authority of the utilities and transportation commission and shall coordinate ferry system capital and operational plans with these private operations. The ferry system plan shall be consistent with the regional transportation plans for areas served by the state ferry system, and shall be developed in conjunction with the ferry advisory committees.

NEW SECTION. Sec. 13. STATE-INTEREST COMPONENT OF STATE-WIDE TRANSPORTATION PLAN--STATE AVIATION PLAN. The state-interest component of the state-wide transportation plan shall include an aviation plan, which shall fulfill the state-wide aviation planning requirements of the federal government, coordinate state-wide aviation planning, and identify the program needs for public use and state airports.

NEW SECTION. Sec. 14. STATE-INTEREST COMPONENT OF STATE-WIDE TRANSPORTATION PLAN--STATE MARINE PORTS PLAN. The state-interest component of the state-wide transportation plan shall include a state marine ports plan, which shall assess the transportation needs of Washington's marine ports and identify transportation system improvements needed to support the international trade and economic development role of Washington's ports.

NEW SECTION. Sec. 15. STATE INTEREST-COMPONENT OF STATE-WIDE TRANSPORTATION PLAN--STATE FREIGHT RAIL PLAN. The state-interest component of the state-wide transportation plan shall include a state freight rail plan, which shall fulfill the state-wide freight rail planning requirements of the federal government, identify light-density freight rail lines threatened with abandonment, establish criteria for determining the importance of preserving the service or line, and recommend priorities for the use of state rail assistance and state rail banking program funds, as well as other available sources of funds.

NEW SECTION. Sec. 16. STATE-INTEREST COMPONENT OF STATE-WIDE TRANSPORTATION PLAN--STATE INTERCITY PASSENGER RAIL PLAN. The state-interest component of the state-wide transportation plan shall include an intercity passenger rail plan, which shall analyze existing Amtrak passenger rail service and recommend improvements to that service under the state passenger rail service program including depot improvements, potential service extensions, and ways to achieve higher train speeds. The plan shall also identify existing intercity rail rights of way that should be preserved for future transportation use.

NEW SECTION. Sec. 17. STATE-INTEREST COMPONENT OF STATE-WIDE TRANSPORTATION PLAN--STATE BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS PLAN. The state-interest component of the state-wide comprehensive plan shall include a bicycle transportation and pedestrian walkways plan which shall propose a state-wide strategy for addressing bicycle and pedestrian transportation, including the integration of bicycle and pedestrian pathways with other transportation modes, the coordination between local governments, regional agencies, and the state in the provision of such facilities, the role of such facilities in reducing traffic congestion, and an assessment of state-wide bicycle and pedestrian transportation needs. This plan shall satisfy the federal requirement for a long range bicycle transportation and pedestrian walkway plan.

NEW SECTION. Sec. 18. STATE-INTEREST COMPONENT OF STATE-WIDE TRANSPORTATION PLAN--STATE PUBLIC TRANSIT PLAN. The state-interest component of the state-wide transportation plan shall include a state public transit plan that recognizes that while public transit service is essentially a local responsibility in Washington there is significant state interest in assuring that viable public transit services are available throughout the state. The public transit plan shall:

(1) Articulate the state vision of and interest in public transit and provide quantifiable objectives, including benefits indicators;

(2) Identify the goals for public transit and the roles of federal, state, regional, and local entities in achieving those goals;

(3) Recommend mechanisms for coordinating federal, state, regional, and local planning for public transit;

(4) Recommend mechanisms for coordinating public transit with other transportation services;

(5) Recommend criteria, consistent with the goals identified in subsection (2) of this section and with RCW 82.44.180 (2) and (3), for allocating funds to public transit agencies; and

(6) Recommend a state-wide public transit facilities and equipment management system as required by federal law.

In developing the state public transit plan, the department shall involve local jurisdictions, public and private providers of transit services, and state agencies with an interest in public transportation, including but not limited to the departments of community development, social and health services, and ecology, the state energy office, and the office of financial management.

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, represent the interests of the state 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.

NEW SECTION. Sec. 21. CODIFICATION DIRECTIVE. Sections 10 through 20 of this act shall constitute a new chapter in Title 47 RCW.

NEW SECTION. Sec. 22. CAPTIONS. Captions used in this act do not constitute any part of the law.