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ENGROSSED SUBSTITUTE HOUSE BILL 2151
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State of Washington 52nd Legislature 1991 Regular Session
By House Committee on Transportation (originally sponsored by Representatives R. Fisher, G. Fisher, Forner, Mitchell, Prentice, Prince, Paris, Hine, Wood and Horn).
Read first time March 11, 1991.
AN ACT Relating to high capacity transportation systems; and amending RCW 81.104.010, 81.104.020, 81.104.030, 81.104.040, 81.104.050, 81.104.060, 81.104.080, 81.104.090, 81.104.100, 81.104.110, 81.104.140, and 81.104.160.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 81.104.010 and 1990 c 43 s 22 are each amended to read as follows:
Increasing
congestion on Washington's roadways calls for identification and implementation
of high capacity transportation system alternatives. "High capacity
transportation system" means a system of public transportation
services((,)) within an urbanized region operating principally on
exclusive rights of way, and the supporting services and facilities
necessary to implement such a system, including high occupancy vehicle lanes,
which taken as a whole, provides a substantially higher level of passenger
capacity, speed, and service frequency than traditional public transportation
systems operating principally ((on)) in general purpose ((roadway
rights of way)) roadways. The legislature believes that local
jurisdictions should coordinate and be responsible for high capacity
transportation policy development, program planning, and implementation. The
state should assist by working with local agencies on issues involving rights
of way, partially financing projects meeting established state criteria including
development and completion of the high occupancy vehicle lane system,
authorizing local jurisdictions to finance high capacity transportation systems
through voter-approved tax options, and providing technical assistance and
information.
Sec. 2. RCW 81.104.020 and 1990 c 43 s 23 are each amended to read as follows:
The department of transportation's current policy role in transit is expanded to include other high capacity transportation development as part of a multimodal transportation system.
(1) The department of transportation shall implement a program for high capacity transportation coordination, planning, and technical studies with appropriations from the high capacity transportation account.
(2)
The department shall assist local jurisdictions and ((metropolitan)) regional
transportation planning organizations with high capacity transportation
planning efforts.
Sec. 3. RCW 81.104.030 and 1990 c 43 s 24 are each amended to read as follows:
(1) In any class A county not bordered by a class AA county and in counties of the first class and smaller, city-owned transit systems, county transportation authorities, metropolitan municipal corporations, and public transportation benefit areas may elect to establish high capacity transportation service. Such agencies shall form a regional policy committee with proportional representation based upon population distribution within the designated service area and a representative of the department of transportation.
(((a)))
City-owned transit systems, county transportation authorities, metropolitan
municipal corporations, and public transportation benefit areas participating
in joint regional policy committees shall seek voter approval within their own
service boundaries of a high capacity transportation system plan and ((an
implementation program including a)) financing ((program.
(b)
An interim regional authority may be formed pursuant to RCW 81.104.040(2) and
shall seek voter approval of a high capacity transportation plan and financing
program within its proposed service boundaries)) plan.
(2) City-owned transit systems, county transportation authorities, metropolitan municipal corporations, and public transportation benefit areas in counties adjoining state or international boundaries are authorized to participate in the regional high capacity transportation programs of an adjoining state or nation.
Sec. 4. RCW 81.104.040 and 1990 c 43 s 25 are each amended to read as follows:
(1) Agencies in a class AA county and in class A counties bordering a class AA county that are currently authorized to provide high capacity transportation planning and operating services, including but not limited to city-owned transit systems, county transportation authorities, metropolitan municipal corporations, and public transportation benefit areas, must establish through interlocal agreements a joint regional policy committee with proportional representation based upon the population distribution within each agency's designated service area, as determined by the parties to the agreement.
(a) The membership of the joint regional policy committee shall consist of locally elected officials who serve on the legislative authority of the existing transit systems and a representative from the department of transportation. Nonvoting membership for elected officials from adjoining counties may be allowed at the committee's discretion.
(b)
The joint regional policy committee shall be responsible for the preparation
and adoption of a regional high capacity transportation implementation
program, which shall include the system plan, project plans, and ((an
implementation program including)) a financing ((package)) plan.
This ((plan)) program shall be in conformance with the ((metropolitan))
regional transportation planning organization's regional transportation
plan and consistent with RCW 81.104.080.
(c) ((Interlocal
agreements shall be executed within two years of March 14, 1990.)) The
joint regional policy committee shall present a high capacity transportation system
plan and ((local funding program)) financing plan to the boards
of directors of the transit agencies within the service area for adoption.
(d)
Transit agencies shall present the adopted high capacity transportation
system plan and financing ((program)) plan for voter approval
within four years of the execution of the interlocal agreements. A simple
majority vote is required for approval of the high capacity transportation system
plan and financing ((program)) plan in any service district
within each county. The implementation ((of the)) program may
proceed in any service area approving the ((plan and program)) system
and financing plans.
(2) ((If
interlocal agreements have not been executed within two years from March 14,
1990, the designated metropolitan planning organization shall convene within
one hundred eighty days a conference to be attended by an elected
representative selected by the legislative authority of each city and county in
a class AA county and in class A counties bordering a class AA county.
(a)
Public notice of the conference shall occur thirty days before the date of the
conference.
(b)
The purpose of the conference is to evaluate the need for developing high
capacity transportation service in a class AA county and in class A counties
bordering a class AA county and to determine the desirability of a regional
approach to developing such service.
(c)
The conference may elect to continue high capacity transportation efforts on a
subregional basis through existing transit planning and operating agencies.
(d)
The conference may elect to pursue regional development by creating a
multicounty interim regional high capacity transportation authority.
Conference members shall determine the structure and composition of any interim
regional authority.
(i)
The interim regional authority shall propose a permanent authority or
authorities for voter approval. Permanent regional authorities shall become
the responsible agencies for planning, construction, operations, and funding of
high capacity transportation systems within their service boundaries. Funding
sources for a regional high capacity transportation authority or authorities
are separate from currently authorized funding sources for city-owned transit systems,
county transportation authorities, metropolitan municipal authorities, or
public transportation benefit areas.
(ii)
State and local jurisdictions, county transportation authorities, metropolitan
municipal corporations, or public transportation benefit areas shall retain
responsibility for existing facilities and/or services, unless the
responsibility is transferred to the high capacity transportation authority or
authorities by interlocal agreement.
(3)
If, within four years of the execution of the interlocal agreements, a high
capacity transportation plan and financing program has been approved by a
simple majority vote within a participating jurisdiction, that jurisdiction may
proceed with high capacity transportation development. If within four years of
the execution of the interlocal agreements, a high capacity transportation
plan and program has not been approved by a simple majority vote within one or
more of the participating jurisdictions, the joint regional policy committee
shall convene within one hundred eighty days, a conference to be attended by
participating jurisdictions within which a plan and financing program have not
been approved. Such a conference shall be for the same purpose and shall be
subject to the same conditions as described in subsection (2) of this section.
(4))) High
capacity transportation ((service)) planning, construction, operations,
and funding shall be governed through the interlocal agreement process,
including but not limited to provision for a cost allocation and distribution
formula, service corridors, station area locations, right of way transfers, and
feeder transportation systems. The interlocal agreement shall include a
mechanism for resolving conflicts among parties to the agreement.
Sec. 5. RCW 81.104.050 and 1990 c 43 s 26 are each amended to read as follows:
Regional high capacity transportation service boundaries may be expanded beyond the established service district through interlocal agreements among the transit agencies and the local jurisdictions within which such expanded service is proposed.
Sec. 6. RCW 81.104.060 and 1990 c 43 s 27 are each amended to read as follows:
(1) The state's planning role in high capacity transportation development as one element of a multimodal transportation system should facilitate cooperative state and local planning efforts.
(((1)))
(2) The department of transportation may serve as a contractor for high
capacity transportation system and project design, administer
construction, and assist agencies authorized to provide service in the
acquisition, preservation, and joint use of rights of way.
(((2)))
(3) The department and local jurisdictions shall continue to cooperate
with respect to the development of ((park-and-ride)) high occupancy
vehicle lanes and related facilities, associated roadways, transfer
stations, people mover systems developed either by the public or private
sector, and other related projects.
(((3)))
(4) The department in cooperation with local jurisdictions shall develop
policies which enhance the development of high speed ((intercity)) interregional
systems by both the private and the public sector. These policies may address
joint use of rights of way, identification and preservation of transportation
corridors, and joint development of stations and other facilities.
Sec. 7. RCW 81.104.080 and 1990 c 43 s 29 are each amended to read as follows:
((Regional
transportation plans should be considered in adopting local land use plans.))
Where applicable, regional transportation plans and local ((land use))
comprehensive plans ((should)) shall address the ((impacts
of)) relationship between urban growth ((on)) and an
effective high capacity transportation ((planning and development)) system
plan, and provide for cooperation between local jurisdictions and transit
agencies.
(1)
Regional high capacity transportation plans shall be included in the designated
((metropolitan)) regional transportation planning organization's
regional transportation plan review and update process to facilitate
development of a coordinated multimodal transportation system and to meet
federal funding requirements.
(2) ((The
state and local jurisdictions)) Interlocal agreements between transit
authorities, cities, and counties shall ((cooperate in encouraging))
set forth conditions for assuring land uses compatible with development
of high capacity transportation systems. These include developing sufficient
land use densities through local actions in high capacity transportation
corridors and near passenger stations, preserving transit rights of way, and
protecting the region's environmental quality. The implementation program
for high capacity transportation systems shall favor cities and counties with
supportive land use plans. In developing local actions intended to carry
out these policies ((local governments)) cities and counties
shall insure the opportunity for public comment and participation in the siting
of such facilities, including stations or transfer facilities. Agencies
providing high capacity transportation services, in cooperation with public and
private interests, shall promote transit-compatible land uses and development
which includes joint development.
(3) Interlocal agreements shall be consistent with state planning goals as set forth in chapter 36.70A RCW. Agreements shall also include plans for concentrated employment centers, mixed-use development, and housing densities that support high capacity transportation systems.
(4) Agencies providing high capacity transportation service and other transit agencies shall develop a cooperative process for the planning, development, operations, and funding of feeder transportation systems. Feeder systems may include existing and future intercity passenger systems and alternative technology people mover systems which may be developed by the private or public sector.
(((4)
Jurisdictions, working through)) (5) Cities and counties along corridors
designated in a high capacity transportation system plan shall enter into
agreements with their designated ((metropolitan)) regional
transportation planning organizations, ((shall manage)) for the
purpose of participating in a right of way preservation review process
which includes activities to promote the preservation of the high capacity
transportation rights of way. The regional transportation planning
organization shall serve as the coordinator of the review process.
(a) ((Jurisdictions))
Cities and counties shall forward all development proposals for projects
within and adjoining to the rights of way proposed for preservation to the
designated ((metropolitan)) regional transportation planning
organizations, which shall distribute the proposals for ((local and regional
agency)) review by parties to the right of way preservation review
process.
(b)
The ((metropolitan)) regional transportation planning
organizations shall also review proposals for conformance with the regional
transportation plan and associated regional development strategies. The
designated ((metropolitan)) regional transportation planning
organization shall within ninety days compile local and regional agency
comments and communicate the same to the originating jurisdiction and the joint
regional policy committee ((or, if established, a regional high capacity
transportation authority)).
Sec. 8. RCW 81.104.090 and 1990 c 43 s 30 are each amended to read as follows:
The
department of transportation shall((, upon dissolution of the rail
development commission, assume responsibility)) be responsible for
distributing amounts appropriated from the high capacity transportation account
and shall prioritize funding requests based on criteria in subsection (3) of
this section.
(1) The department shall establish an advisory council of policy and technical experts pursuant to RCW 47.01.091 to assist in the review of requests for high capacity transportation account funds. The council shall be comprised of one representative from each congressional district, a designee of the governor, the executive director or a designee of the transportation improvement board, the director of the Washington state transportation center, and the chair or designee of the legislative transportation committee.
(2)
State high capacity transportation account funds may provide up to eighty
percent matching assistance for high capacity transportation planning efforts
((and for support of interim regional high capacity transportation
authorities)).
(3) Authorizations for state funding for high capacity transportation planning projects shall be subject to the following criteria:
(a)
Conformance with the designated ((metropolitan)) regional
transportation planning organization's regional transportation plan;
(b) Local matching funds;
(c) Demonstration of projected improvement in regional mobility;
(d) Conformance with planning requirements prescribed in RCW 81.104.100, and if five hundred thousand dollars or more in state funding is requested, conformance with the requirements of RCW 81.104.110; and
(e)(((i)))
Establishment, through interlocal agreements, of a joint regional policy
committee ((with proportional representation based upon population
distribution within each agency's designated service area)) as defined in
RCW 81.104.030((;
(ii)
Establishment of a demonstrated regional agreement through a
multijurisdictional conference to pursue high capacity transportation
development on a subregional basis through established transit planning and
operating agencies as defined in RCW 81.104.040; or
(iii)
Establishment, through a multijurisdictional conference, of an interim high
capacity transportation authority as defined in RCW)) or
81.104.040.
(4) The department of transportation shall provide general review and monitoring of the system and project planning process prescribed in RCW 81.104.100.
Sec. 9. RCW 81.104.100 and 1990 c 43 s 31 are each amended to read as follows:
To
assure ((the adoption)) development of an effective high capacity
transportation system, local authorities shall follow the following planning
process:
(1) ((System))
Regional, multimodal transportation planning is the ongoing urban
transportation planning process conducted in each urbanized area by its ((metropolitan))
regional transportation planning organization. During this process,
regional transportation goals are identified, travel patterns are analyzed, and
future land use and travel are projected. The ((system planning))
process provides a comprehensive view of the region's transportation needs but
does not select ((a)) specified modes to serve those needs. ((System
planning)) The process shall identify a priority corridor or
corridors for further study of high capacity transportation facilities if
it is deemed feasible by local officials.
(2)(((a)
Project)) High capacity transportation system planning is the
detailed evaluation of a range of high capacity transportation system
options, including (((i))): Do nothing, (((ii))) low capital,
and (((iii))) ranges of higher capital facilities. To the extent
possible this evaluation shall take into account the urban mass transportation
administration's requirements identified in subsection (3) of this section.
(((b)
Project)) High capacity transportation system planning shall proceed
as follows:
(((i)))
(a) Organization and management. The responsible local transit agency
or agencies shall define roles for various local agencies, review background
information, provide for public involvement, and develop a detailed work plan
for the ((project)) system planning process.
(((ii)))
(b) Development of options. Options to be studied shall be developed to
ensure an appropriate range of technologies and service policies can be
evaluated. A do-nothing option and a low capital option that maximizes the
current system shall be developed. Several higher capital options that
consider several candidate technologies shall be developed.
(((iii)))
(c) Analysis methods. The local transit agency shall develop reports
describing the analysis and assumptions for the estimation of capital costs,
operating and maintenance costs, methods for travel forecasting, a financial
plan and an evaluation methodology.
(((iv)
Study of options.)) (3) High capacity transportation project planning is
the detailed identification of alignments, station locations, equipment and
systems, construction schedules, environmental effects, and costs. High
capacity transportation project planning shall proceed as follows: The
local transit agency shall ((use the methods described in (iii) of this
subsection to)) analyze and produce ((impact)) information
needed for ((project evaluation and for)) the preparation of ((an))
environmental impact statements. The impact ((evaluation)) statements
shall address the impact that development of such a ((project)) system
will have on abutting or nearby ((residential or commercial)) property
owners. The process of identification of ((corridors)) alignments
and station locations shall include notification of affected property
owners by normal legal publication. At minimum, such notification shall
include notice on the same day for at least three weeks in at least two
newspapers of general circulation in the county where such project is proposed.
Special notice of hearings by the conspicuous posting of notice, in a manner
designed to attract public attention, in the vicinity of areas identified for
station locations or transfer sites shall also be provided.
(((v)
Review and monitor. The department of transportation shall provide project
review and monitoring in cooperation with the expert review panel identified in
RCW 81.104.110. In addition, the local transit agency shall maintain a
continuous public involvement program and seek involvement of other government
agencies.
(vi)
Detailed planning process.)) In order to increase the
likelihood of future federal funding, the ((system and)) project
planning processes shall follow the urban mass transportation administration's
requirements as described in "Procedures and Technical Methods for Transit
Project Planning", published by the United States department of
transportation, urban mass transportation administration, September 1986, or
the most recent edition. Nothing in this subsection shall be construed to
preclude detailed evaluation of more than one corridor in the planning process.
The department of transportation shall provide system and project planning review and monitoring in cooperation with the expert review panel identified in RCW 81.104.110. In addition, the local transit agency shall maintain a continuous public involvement program and seek involvement of other government agencies.
Sec. 10. RCW 81.104.110 and 1990 c 43 s 32 are each amended to read as follows:
The
legislature recognizes that the planning ((process)) processes
described in RCW 81.104.100 provide((s)) a recognized framework for
guiding high capacity transportation studies. However, the process cannot
guarantee appropriate ((transit)) decisions unless key study assumptions
are reasonable.
To
assure appropriate ((project)) system plan assumptions and to
provide for review of ((project)) system plan results, ((the
department of transportation shall develop independent oversight procedures
which are appropriate to the scope of any project for which high capacity
transportation account funds are requested.)) an expert review panel
shall be appointed to provide independent technical review for development
of any ((project)) system plan which is to be funded in whole
or in part by the imposition of any voter-approved local option funding sources
enumerated in RCW 81.104.140.
(1) The expert review panel shall consist of ten members who are recognized experts in relevant fields, such as transit operations, planning, emerging transportation technologies, engineering, finance, law, the environment, geography, economics, and political science.
(2) The expert review panel shall be selected cooperatively by the chair of the legislative transportation committee, the secretary of the department of transportation, and the governor to assure a balance of disciplines.
(3)
The chair of the expert review panel shall be designated by the appointing ((body))
authorities.
(4) The expert review panel shall serve without compensation but shall be reimbursed for expenses according to chapter 43.03 RCW.
(5) The panel shall carry out the duties set forth in subsections (6) and (7) of this section until the date on which an election is held to consider the high capacity transportation system and financing plans. Funds appropriated for expenses of the expert panel shall be administered by the department of transportation.
(6)
The expert panel shall review all reports required in RCW 81.104.100(2)(((b)(vi)
but)) and shall concentrate on service modes and concepts, costs,
patronage((,)) and financing((, and project)) evaluations.
(7)
The expert panel shall provide timely reviews and comments on individual ((project))
reports and study conclusions to the governor, the legislative transportation
committee, the department of transportation, the regional transportation
planning organization, the joint regional policy committee, and the
submitting lead transit agency.
(8) The legislative transportation committee shall contract for consulting services for expert review panels. The amount of consultant support shall be negotiated with each expert review panel by the legislative transportation committee and shall be paid from appropriations for that purpose from the high capacity transportation account.
Sec. 11. RCW 81.104.140 and 1990 c 43 s 35 are each amended to read as follows:
(1) Agencies authorized to provide high capacity transportation service, including city-owned transit systems, county transportation authorities, metropolitan municipal corporations and public transportation benefit areas, are hereby granted dedicated funding sources for such systems. These dedicated funding sources, as set forth in RCW 81.104.150, 81.104.160, and 81.104.170, are authorized only for agencies located in class AA counties, class A counties, counties of the first class which border another state, and counties which, on March 14, 1990, are of the second class and which adjoin class A counties.
(2)
Agencies ((providing)) planning to construct and operate a high
capacity transportation ((service)) system should also seek other
funds, including federal, state, local, and private sector assistance.
(3) Funding sources should satisfy each of the following criteria to the greatest extent possible:
(a) Acceptability;
(b) Ease of administration;
(c) Equity;
(d) Implementation feasibility;
(e) Revenue reliability; and
(f) Revenue yield.
(4)
Agencies participating in regional high capacity transportation system
development through interlocal agreements ((or a conference-approved interim
regional rail authority or subregional process as defined in RCW 81.104.040))
are authorized to levy and collect the following voter-approved local option
funding sources:
(a) Employer tax as provided in RCW 81.104.150;
(b) Special motor vehicle excise tax as provided in RCW 81.104.160; and
(c) Sales and use tax as provided in RCW 81.104.170.
Revenues
from these taxes may be used only to support those purposes prescribed in
subsection (((8))) (10) of this section. Before an agency may
impose any of the taxes enumerated in this section and authorized in RCW
81.104.150, 81.104.160, and 81.104.170, it must comply with the process
prescribed in RCW 81.104.100(1) and (2) and 81.104.110. No
construction on exclusive right of way may occur before the requirements of RCW
81.104.100(3) are met.
(5) Authorization in subsection (4) of this section shall not adversely affect the funding authority of existing transit agencies. Local option funds may be used to support implementation of interlocal agreements with respect to the establishment of regional high capacity transportation service. Local jurisdictions shall retain control over moneys generated within their boundaries, although funds may be commingled with those generated in other areas for planning, construction, and operation of high capacity transportation systems as set forth in the agreements.
(6)
Agencies ((providing)) planning to construct and operate high
capacity transportation ((service)) systems may contract with the
state for collection and transference of voter-approved local option
revenue.
(7) Dedicated high capacity transportation funding sources authorized in RCW 81.104.150, 81.104.160, and 81.104.170 shall be subject to voter approval by a simple majority. A single ballot proposition may seek approval for one or more of the authorized taxing sources. The ballot title shall reference the document identified in subsection (8) of this section.
(8) Agencies shall provide to the registered voters in the area a document describing the systems plan and the financing plan set forth in RCW 81.104.100. It shall also describe the relationship of the system to regional issues such as development density at station locations and activity centers, and the interrelationship of the system to adopted land use and transportation demand management goals within the region. This document shall be provided to the voters at least twenty days prior to the date of the election.
(9) For any election in which voter approval is sought for a high capacity transportation system plan and financing plan pursuant to RCW 81.104.040, a local voter's pamphlet shall be produced as provided in chapter 29.81A RCW.
(10) Agencies providing high capacity transportation service shall retain responsibility for revenue encumbrance, disbursement, and bonding. Funds may be used for any purpose relating to planning, construction, and operation of high capacity transportation systems, commuter rail systems, and feeder transportation systems.
Sec. 12. RCW 81.104.160 and 1990 c 43 s 42 are each amended to read as follows:
Any
city that operates a transit system, county transportation authority,
metropolitan municipal corporation, or public transportation benefit area,
solely for the purpose of providing high capacity transportation service may
submit an authorizing proposition to the voters, and if approved, may levy and
collect an excise tax, at a rate approved by the voters, but not exceeding
eighty one-hundredths of one percent on the value, under chapter 82.44 RCW, of
every motor vehicle owned by a resident of such city, county transportation
authority, metropolitan municipal corporation, or public transportation benefit
area. In any county imposing a motor vehicle excise tax surcharge pursuant to
RCW 81.100.060, the maximum tax rate under this section shall be reduced to a
rate equal to eighty one-hundredths of one percent on the value less the
equivalent motor vehicle excise tax rate of the surcharge imposed pursuant to
RCW 81.100.060. ((This authority may be exercised only if all local
agencies which are parties to an interlocal agreement or members of a regional
authority under RCW 81.104.040 are imposing the tax at the same rate.))
This rate shall not apply to vehicles licensed under RCW 46.16.070 except
vehicles with an unladen weight of six thousand pounds or less, RCW 46.16.079,
46.16.080, 46.16.085, or 46.16.090.