CERTIFICATION OF ENROLLMENT

 

              ENGROSSED SUBSTITUTE HOUSE BILL 1231

 

 

                               

 

 

 

                        52nd Legislature

                      1991 Special Session

Passed by the House June 27, 1991

  Yeas 90   Nays 1

 

 

 

Speaker of the

       House of Representatives

 

Passed by the Senate June 27, 1991

  Yeas 39   Nays 1

               CERTIFICATE

 

I, Alan Thompson, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 1231 as passed by the House of Representatives and the Senate on the dates hereon set forth.

 

 

 

President of the Senate

                               Chief Clerk

 

 

Approved Place Style On Codes above, and Style Off Codes below.

                                     FILED

 

 

 

Governor of the State of Washington

                        Secretary of State

                       State of Washington


 


                  _______________________________________________

 

                       ENGROSSED SUBSTITUTE HOUSE BILL 1231

                  _______________________________________________

 

                             AS AMENDED BY THE SENATE

 

                   Passed Legislature - 1991 1st Special Session

 

 

State of Washington              52nd Legislature             1991 Regular Session

 

By House Committee on Transportation (originally sponsored by Representatives R. Fisher, R. Meyers, Betrozoff and Paris; by request of Office of Financial Management). 

 

Read first time April 5, 1991.  Adopting the 1991-93 transportation budget.


     AN ACT Relating to transportation appropriations; amending RCW 46.68.110, 46.68.120, 47.76.040, 47.76.050, 47.76.060, 47.76.070, 47.76.080, 47.76.090, 46.61.165, and 81.104.100; adding a new section to chapter 46.68 RCW; creating new sections; and declaring an emergency.

 

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

 

     NEW SECTION.  Sec. 1.  The transportation budget of the state is hereby adopted and, subject to the provisions hereinafter set forth, the several amounts hereinafter specified, or as much thereof as may be necessary to accomplish the purposes designated, are hereby appropriated from the several accounts and funds hereinafter named to the designated state agencies and offices for salaries, wages, and other expenses, for capital projects, and for other specified purposes, including the payment of any final judgments arising out of such activities, for the period ending June 30, 1993.  No moneys are provided in this act for major relocation of the Washington state patrol or the department of licensing.  Any bill enacted during the 1991 legislative sessions requiring expenditure from a transportation related fund or account that was not heard by either of the respective transportation committees is not funded in this act.

 

     NEW SECTION.  Sec. 2.  FOR THE TRAFFIC SAFETY COMMISSION

Highway Safety Fund--State Appropriation....................... $.......... 398,000

Highway Safety Fund--Federal Appropriation..................... $........ 4,887,000

             TOTAL APPROPRIATION............................... $........ 5,285,000

 

     NEW SECTION.  Sec. 3.  FOR THE TRAFFIC SAFETY COMMISSION

     The sum of $900,000, or as much thereof as may be necessary, is appropriated from the public safety and education account to the traffic safety commission solely to continue the DWI task force program.  This appropriation represents seventy-five percent of the requested $1.2 million state funding.  It is the intent of the legislature that the state funding will be reduced by $300,000 per biennium until no state funds are required to support this program.  It is also the intent of the legislature that the commission seek funding from sources other than the state.

 

     NEW SECTION.  Sec. 4.  FOR THE BOARD OF PILOTAGE COMMISSIONERS

General Fund‑‑Pilotage Account--State

     Appropriation............................................. $.......... 185,000

 

     No more than $80,000 may be expended for attorney general fees.

 

     NEW SECTION.  Sec. 5.  FOR THE COUNTY ROAD ADMINISTRATION BOARD

Motor Vehicle Fund‑-County Arterial Preservation

     Account--State Appropriation.............................. $....... 22,427,000

Motor Vehicle Fund‑-Rural Arterial Trust Account‑-

     State Appropriation....................................... $....... 37,413,000

Motor Vehicle Fund--State Appropriation........................ $........ 1,190,000

             TOTAL APPROPRIATION............................... $....... 61,030,000

 

     $153,319 of the motor vehicle fund‑-county arterial preservation account--state appropriation and $153,319 of the motor vehicle fund‑-rural arterial trust account--state appropriation, or as much thereof as may be necessary, are provided solely to provide transportation planning assistance to counties.

 

     NEW SECTION.  Sec. 6.  FOR THE TRANSPORTATION IMPROVEMENT BOARD

Motor Vehicle Fund‑-Transportation Improvement

     Account--State Appropriation.............................. $...... 104,000,000

Motor Vehicle Fund‑-Urban Arterial Trust Account‑-

     State Appropriation....................................... $....... 51,848,000

             TOTAL APPROPRIATION............................... $...... 155,848,000

 

     The legislative transportation committee shall evaluate methods to improve legislative oversight of transportation improvement account projects.

 

     NEW SECTION.  Sec. 7.  FOR THE STATE PATROL‑‑FIELD OPERATIONS BUREAU

Motor Vehicle Fund‑-State Patrol Highway Account‑-

     State Appropriation....................................... $........ 2,399,000

 

     This appropriation is provided solely to fund the Safety Education Officer Program and enhancement in the Commercial Vehicle Weighing and Safety Inspection Program for fiscal year 1992.

 

     NEW SECTION.  Sec. 8.  FOR THE STATE PATROL‑-FIELD OPERATIONS BUREAU

Motor Vehicle Fund‑‑State Patrol Highway Account‑-

     State Appropriation....................................... $...... 131,301,000

Motor Vehicle Fund‑‑State Patrol Highway Account‑-

     Federal Appropriation..................................... $........ 3,033,000

             TOTAL APPROPRIATION............................... $...... 134,334,000

 

     The appropriations in this section are subject to the following  conditions and limitations:  Any user of Washington state patrol aircraft shall pay its pro rata share of all operating and maintenance costs including capitalization.

 

     NEW SECTION.  Sec. 9.  FOR THE STATE PATROL‑‑SUPPORT SERVICES BUREAU

Motor Vehicle  Fund‑‑State Patrol Highway Account‑-

     State Appropriation....................................... $....... 52,914,000

 

     NEW SECTION.  Sec. 10.  FOR THE DEPARTMENT OF LICENSING‑‑VEHICLE SERVICES

Motor Vehicle Fund--State Appropriation........................ $....... 47,105,000

General Fund‑-Marine Fuel Tax Refund Account‑-

     State Appropriation....................................... $........... 25,000

General Fund‑‑Wildlife Account--State Appropriation............ $.......... 502,000

             TOTAL APPROPRIATION............................... $....... 47,632,000

 

     The legislature recognizes the need to address issues remaining unresolved from the 1991 title and registration study required by the legislature and the governor.  The intent of the legislature is to better align the fee structure with the costs associated with providing services for the state.  Evidence from the 1991 study indicates inequities exist in cost recovery and/or profits realized between large and small county auditors and their subagents.  Further, no policy exists regarding how counties treat excess revenues generated from providing this service.  The Washington association of counties, the Washington association of county officials, representatives of the subagents, and the department of licensing, under the direction of the legislative transportation committee, shall report to the legislative transportation committee by December 1, 1991, their  recommendations for resolving these policy issues and inequities.

 

     NEW SECTION.  Sec. 11.  FOR  THE  DEPARTMENT  OF LICENSING‑‑DRIVER SERVICES

General Fund‑‑Public Safety and Education Account‑-

     State Appropriation....................................... $........ 4,388,000

Highway Safety Fund--State Appropriation....................... $....... 48,376,000

Highway Safety Fund‑‑Motorcycle Safety Education Account‑-

     State Appropriation....................................... $.......... 884,000

             TOTAL APPROPRIATION............................... $....... 53,648,000

 

     NEW SECTION.  Sec. 12.  FOR THE DEPARTMENT OF LICENSING‑‑MANAGEMENT  OPERATIONS

General Fund‑‑Wildlife Account--State Appropriation............ $........... 47,000

Highway Safety Fund--State Appropriation....................... $........ 4,796,000

Highway Safety Fund--Motorcycle

     Safety Education Account‑-State Appropriation............. $........... 95,000

Motor Vehicle Fund--State Appropriation........................ $........ 4,424,000

General Fund‑‑Public Safety and Education Account‑-

     State Appropriation....................................... $.......... 418,000

             TOTAL APPROPRIATION............................... $........ 9,780,000

 

     NEW SECTION.  Sec. 13.  FOR THE DEPARTMENT  OF  LICENSING‑-INFORMATION  SYSTEMS

General Fund‑‑Wildlife Account‑-State Appropriation............ $........... 56,000

Highway Safety Fund‑-State Appropriation....................... $........ 3,506,000

Highway Safety Fund--Motorcycle Safety Education

     Account‑-State Appropriation.............................. $........... 58,000

Motor Vehicle Fund‑-State Appropriation........................ $........ 5,961,000

General Fund‑‑Public Safety and Education Account‑-

     State Appropriation....................................... $.......... 252,000

             TOTAL APPROPRIATION............................... $........ 9,833,000

 

     The appropriation for the licensing application migration project (LAMP) is conditioned upon compliance with the provisions of section 54 of this act.

 

     NEW SECTION.  Sec. 14.  FOR THE LEGISLATIVE TRANSPORTATION  COMMITTEE

Motor Vehicle Fund‑-State Appropriation........................ $........ 3,028,000

High Capacity Transportation Account‑-

     State Appropriation....................................... $.......... 950,000

             TOTAL APPROPRIATION............................... $........ 3,978,000

 

     (1) Of the high capacity transportation account appropriation provided for in this section, $550,000 is a reappropriation for continuation of stage 1 of the public transportation study described in section 12(4), chapter 298, Laws of 1990, and $400,000 is for a portion of the cost of stage 2.

     (2) The appropriation provided for in section 41 of this act includes funds to carry out the studies described in section 12 (5) and (6), chapter 298, Laws of 1990:  PROVIDED, That the completion dates for both studies shall be June 30, 1993.

     (3) The committee is authorized to conduct performance analysis and other reviews of state transportation agencies and programs to ensure that the agencies and programs:  (a) Are being conducted in accordance with legislative intent; (b) are being conducted in an efficient and effective manner; and (c) continue to serve their intended purposes.  The findings and recommendations of any such reviews shall be reported to the legislature.

 

     NEW SECTION.  Sec. 15.  FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITY COMMITTEE

Motor Vehicle Fund‑-State Appropriation........................ $.......... 389,000

 

     NEW SECTION.  Sec. 16.  FOR THE MARINE EMPLOYEES COMMISSION

Motor Vehicle Fund‑‑Puget Sound Ferry Operations Account‑-

     State Appropriation....................................... $.......... 334,000

 

     NEW SECTION.  Sec. 17.  FOR THE TRANSPORTATION COMMISSION

Transportation Fund‑-State Appropriation....................... $........ 1,500,000

 

     NEW SECTION.  Sec. 18.  FOR THE AIR TRANSPORTATION COMMISSION

Transportation Fund‑-State Appropriation....................... $.......... 553,000

 

     NEW SECTION.  Sec. 19.  FOR THE OFFICE OF FINANCIAL MANAGEMENT

Motor Vehicle Fund‑-State Appropriation........................ $.......... 112,000

 

     The appropriation in this section is null and void if House Bill No. 2140 is not enacted by September 1, 1991.

 

     NEW SECTION.  Sec. 20.  FOR THE WASHINGTON STATE ENERGY OFFICE

Motor Vehicle Fund‑-State Appropriation........................ $.......... 203,000

Transportation Fund‑-State Appropriation....................... $.......... 750,000

             TOTAL APPROPRIATION............................... $.......... 953,000

 

     NEW SECTION.  Sec. 21.  FOR THE DEPARTMENT OF AGRICULTURE

     $209,000, or as much thereof as is necessary, is appropriated from the motor vehicle fund‑-state solely for the motor fuel quality testing program.  Annual reports shall be submitted to the legislative transportation committee commencing January 15, 1992.

 

     NEW SECTION.  Sec. 22.  FOR THE DEPARTMENT OF TRANSPORTATION‑-HIGHWAY CONSTRUCTION‑-PROGRAM A

Motor Vehicle Fund‑-State Appropriation........................ $...... 149,838,000

Motor Vehicle Fund‑-Federal Appropriation...................... $....... 98,600,000

Motor Vehicle Fund‑-Local Appropriation........................ $........ 2,000,000

             TOTAL APPROPRIATION............................... $...... 250,438,000

 

     The appropriations in this section are subject to the following conditions and limitations:

     (1) The appropriations in this section are provided for the location, design, right of way, and construction of state highway projects designated as category "A" under RCW 47.05.030.  It is the intent of the legislature that this appropriation does not commit the legislature to the transportation commission's proposed category "A" program update.

     (2) The department shall study a highway heritage program to preserve Washington's unique scenic character along its highway corridors and provide travelers with a continuing opportunity to appreciate and obtain information regarding unique natural, cultural, and historic features that are near or accessible by highways.

     The department shall:

     (a) Work with the parks and recreation commission, the Washington state historical society, the department of trade and economic development, and cities and counties to identify projects, establish priorities for expenditures of funds under this program, and recommend a strategy for implementing an ongoing program and sources of funding;

     (b) Work with public and private landowners, local governments, and private organizations and associations to propose actions to achieve the purposes of this section without land acquisition, to the greatest extent possible, including coordination with local land use and open space plans, state agency programs relating to open space, conservation, urban forestry, and natural resources management;

     (c) Study acquisition by purchase, gift, devise, bequest, grant, or exchange, title to or interest or right in real property adjacent to state highways to accomplish any of the following:  Preserve natural beauty or viewpoints, preserve natural buffers between highways, or enhance the visual quality of entrances to cities or other land uses;

     (d) Study provision of directional signs and signs with information regarding historical or cultural sites and significant natural features.

     The department shall report its findings to the legislative transportation committee by December 1, 1992.

     The appropriation to carry out the study in this subsection is provided in section 41 of this act and shall lapse unless $10,000 is received from the department of trade and economic development by October 1, 1991.

     (3) The department shall complete the six fish barrier removal projects identified as high priority by the department of fisheries.  The department shall cooperate with the departments of fisheries and wildlife to identify, estimate costs of, and prioritize additional fish barrier removal projects on state highways.

 

     NEW SECTION.  Sec. 23.  FOR THE DEPARTMENT OF TRANSPORTATION‑- HIGHWAY CONSTRUCTION‑-PROGRAM B

Motor Vehicle Fund‑-State Appropriation........................ $....... 42,000,000

Motor Vehicle Fund‑-Federal Appropriation...................... $...... 407,000,000

Motor Vehicle Fund‑-Local Appropriation........................ $........ 8,000,000

             TOTAL APPROPRIATION............................... $...... 457,000,000

 

     The appropriations in this section are provided for the location,  design, right of way, and construction of state highway projects on  the interstate system designated as category "B" under RCW 47.05.030.  The appropriations in this section are subject to the following conditions and limitations:

     (1) $42,000,000 of the motor vehicle fund‑‑state appropriation includes a maximum of $32,000,000 in proceeds from the sale of bonds authorized by RCW 47.10.790 and 47.10.801:  PROVIDED, That the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond  proceeds for any part of the state appropriation.

     (2) Should cash flow demands exceed the motor vehicle fund--federal appropriation, the motor vehicle fund‑‑state appropriation is increased proportionally to  provide matching state funds from the sale of bonds authorized by RCW 47.10.801 and 47.10.790 not to exceed $10,000,000 and it is understood that the department shall seek authority to expend unanticipated receipts for the federal portion.

     (3) It is further recognized that the department may make use of federal cash flow obligations on interstate construction contracts in order to complete the interstate highway system as expeditiously as possible.

     (4) It is the intent of the legislature that the department shall place special emphasis on delivering the HOV projects contained in the document dated March, 1991, entitled "Puget Sound HOV Core Lane Needs:  2000".  The department shall report progress on program delivery to the legislative transportation committee by November 1, 1991.

 

     NEW SECTION.  Sec. 24.  Contained within the appropriations to the department of transportation, programs B and C, for HOV lanes, park and ride lots, and surveillance control and driver information systems that are components of the Puget Sound HOV core lane system are the following amounts:  $202,000,000 as requested by the department and the governor, and an additional $15,000,000 provided by the legislature in section 67 of this act to expedite the completion of the system.

 

     NEW SECTION.  Sec. 25.  FOR THE DEPARTMENT OF TRANSPORTATION‑-HIGHWAY CONSTRUCTION‑-PROGRAM C

Motor Vehicle Fund‑-State Appropriation........................ $....... 66,800,000

Transportation Fund‑-State Appropriation....................... $...... 119,000,000

Motor Vehicle Fund‑-Federal Appropriation...................... $....... 16,000,000

Motor Vehicle Fund‑-Local Appropriation........................ $........ 4,000,000

             TOTAL APPROPRIATION............................... $...... 205,800,000

 

     The appropriations in this section are provided for the location, design, right of way acquisition, and construction of state highway projects designated as category "C" under RCW 47.05.030.

 

     NEW SECTION.  Sec. 26.  FOR THE DEPARTMENT OF TRANSPORTATION‑-HIGHWAY CONSTRUCTION‑-PROGRAM C

Motor Vehicle Fund--Special Category C Account‑-

      State Appropriation...................................... $....... 27,000,000

 

     The appropriation contained in this section is subject to the following conditions and limitations:

     (1) By October 1, 1991, the department of transportation shall report to the legislative transportation committee on the various stages and funding assumptions on the first avenue south bridge, state route 18, and the north-south corridor in Spokane.

     (2) Of the $27,000,000 appropriation contained in this section:  Up to $12,000,000 is provided for SR 18, up to $11,000,000 is provided for 1st avenue south bridge, and up to $4,000,000 is provided for the north-south corridor in Spokane:  PROVIDED, That the department may transfer moneys between projects after consultation with the legislative transportation committee.

 

     NEW SECTION.  Sec. 27.  FOR THE DEPARTMENT OF TRANSPORTATION‑-HIGHWAY CONSTRUCTION‑-PROGRAM C

Motor Vehicle Fund--Puyallup Tribal Settlement

     Account‑-State Appropriation.............................. $........ 3,450,000

Motor Vehicle Fund--Puyallup Tribal Settlement

     Account‑-Federal Appropriation............................ $........ 2,550,000

             TOTAL APPROPRIATION............................... $........ 6,000,000

 

     NEW SECTION.  Sec. 28.  FOR THE DEPARTMENT OF TRANSPORTATION‑-HIGHWAY MANAGEMENT AND FACILITIES‑‑PROGRAM D

Motor Vehicle Fund‑-State Appropriation........................ $....... 39,302,000

Motor Vehicle Fund‑-Transportation Capital Facilities

     Account‑-State Appropriation.............................. $....... 33,149,000

             TOTAL APPROPRIATION............................... $....... 72,451,000

 

     The appropriations in this section are subject to the following conditions and limitations:

     (1) $1,700,000 of the transportation capital facilities account‑-state appropriation is contingent upon the sale of bonds authorized in RCW 47.02.120.

     (2) The transportation capital facilities account‑-state appropriation will be funded by a state treasurer revenue transfer of $31,449,000 from the motor vehicle fund to the transportation capital facilities account.

     (3) No later than August, 1991, the department shall present a comprehensive plan to the legislative transportation committee for creation of an urban mobility office including recommendations on HOV programs, growth management, the freeway and arterial management effort (FAME), and other associated programs or activities.  The plan shall include recommended methods for quantifying reductions in congestion.

 

     NEW SECTION.  Sec. 29.  FOR THE DEPARTMENT OF TRANSPORTATION‑-AERONAUTICS‑‑PROGRAM F

General Fund‑-Aeronautics Account‑-State

     Appropriation............................................. $........ 3,083,000

General Fund‑-Aeronautics Account‑-Federal

     Appropriation............................................. $.......... 283,000

             TOTAL APPROPRIATION............................... $........ 3,366,000

 

     The appropriations in this section are provided for management and support of the aeronautics division, state fund grants to local airports, development and maintenance of a state‑wide airport system plan, maintenance of state‑owned emergency airports, federal inspections, and the search and rescue program.

 

     NEW SECTION.  Sec. 30.  FOR THE DEPARTMENT OF TRANSPORTATION‑-SEARCH AND RESCUE‑‑PROGRAM F

General Fund‑‑Search and Rescue Account‑-

     State Appropriation....................................... $.......... 126,000

 

     The appropriation in this section is provided for directing and conducting searches for missing, downed, overdue, or presumed downed general aviation  aircraft; for safety and education activities necessary to insure safety of persons operating or using aircraft; and for the Washington wing civil air patrol in accordance with RCW 47.68.370.

 

     NEW SECTION.  Sec. 31.  FOR THE DEPARTMENT OF TRANSPORTATION‑-COMMUNITY ECONOMIC REVITALIZATION‑-PROGRAM G

Motor Vehicle Fund‑-Economic Development Account‑-

     State Appropriation....................................... $........ 5,000,000

 

     The appropriation in this section is funded with the proceeds from the sale of bonds authorized by RCW 47.10.801 and is provided for improvements to the state highway system necessitated by planned economic development.

 

     NEW SECTION.  Sec. 32.  FOR THE DEPARTMENT OF TRANSPORTATION‑-NONINTERSTATE BRIDGES‑-PROGRAM H

Motor Vehicle Fund‑-State Appropriation........................ $....... 53,200,000

Motor Vehicle Fund‑-Federal Appropriation...................... $....... 52,400,000

Motor Vehicle Fund‑-Local Appropriation........................ $........ 1,000,000

             TOTAL APPROPRIATION............................... $...... 106,600,000

 

     The appropriations in this section are provided to preserve the structural and operating integrity of  existing bridges.  It is the intent of the legislature that this appropriation does not commit the legislature to the transportation commission's proposed twenty-year bridge program.

 

     NEW SECTION.  Sec. 33.  FOR  THE DEPARTMENT OF TRANSPORTATION‑-HIGHWAY MAINTENANCE AND OPERATIONS‑-PROGRAM M

Motor Vehicle Fund‑-State Appropriation........................ $...... 215,160,000

Motor Vehicle Fund‑-Local Appropriation........................ $.......... 750,000

             TOTAL APPROPRIATION............................... $...... 215,910,000

 

     The department shall place emphasis on the development and construction of rest areas.  The department shall establish criteria for prioritizing rest area construction state-wide.  The department shall report the criteria and priority array to the legislative transportation committee by August 1, 1991.

     The department may, as part of its regular maintenance program, begin correcting existing fish passage barriers.

 

     NEW SECTION.  Sec. 34.  FOR THE DEPARTMENT OF TRANSPORTATION‑-SALES AND SERVICES TO OTHERS‑-PROGRAM R

Motor Vehicle Fund‑-State Appropriation........................ $........ 1,370,000

Motor Vehicle Fund‑-Federal Appropriation...................... $....... 58,400,000

Motor Vehicle Fund‑-Local Appropriation........................ $........ 8,483,000

             TOTAL APPROPRIATION............................... $....... 68,253,000

 

     NEW SECTION.  Sec. 35.  FOR THE DEPARTMENT  OF TRANSPORTATION‑-TRANSPORTATION MANAGEMENT AND SUPPORT‑-PROGRAM S

Transportation Fund‑-State Appropriation....................... $.......... 700,000

Motor Vehicle Fund‑-Puget Sound Capital Construction

     Account‑-State Appropriation.............................. $.......... 465,000

Motor Vehicle  Fund‑-Puget Sound Ferry Operations

     Account‑-State Appropriation.............................. $.......... 885,000

Motor Vehicle Fund--State

     Appropriation............................................. $....... 33,770,000

             TOTAL APPROPRIATION............................... $....... 35,820,000

 

     The appropriations in this section are subject to the following conditions and limitations:  The legislature directs that a joint study be conducted by the office of financial management, the department of personnel, and the Washington state department of transportation to determine whether the current services rendered by the department of personnel on issues relating to employee recruitment, retention, education, and training are sufficient.  Findings of the study shall be reported to the legislative transportation committee by December 1, 1991, and shall include but not be limited to recommendations as to who is responsible for performing these services.

 

     NEW SECTION.  Sec. 36.  FOR THE DEPARTMENT OF TRANSPORTATION‑-PLANNING, RESEARCH, AND PUBLIC TRANSPORTATION‑-PROGRAM T

For public transportation and rail programs:

Transportation Fund‑-State Appropriation....................... $........ 8,295,000

Transportation Fund‑-Federal/Local Appropriation............... $........ 5,518,000

High Capacity Transportation Account‑-

     State Appropriation....................................... $....... 15,640,000

For planning and research:

Motor Vehicle Fund‑-State Appropriation........................ $....... 17,830,000

Motor Vehicle Fund‑-Federal Appropriation...................... $........ 9,000,000

             TOTAL APPROPRIATION............................... $....... 56,283,000

 

     The appropriations in this section are subject to the following  conditions and limitations:

     (1) By December 15, 1991, the department of transportation, in cooperation with local units of government and Amtrak, shall submit to the legislative transportation committee a program to improve Amtrak services in Washington.  Upon submittal and approval of the program recommendations by the legislative transportation committee, the department may expend the amount provided from the transportation fund‑-state for program implementation.  The program may include but is not limited to the following:

     (a) Improvements to tracks, grade crossings, and signal systems necessary to increase operating speeds.  In developing these recommendations, the department shall involve the utilities and transportation commission and other affected state and local agencies;

     (b) Station improvements;

     (c) Resumption of service between Seattle, Washington, and Vancouver, British Columbia; and

     (d) New or additional service on other routes for which there is adequate demand and reasonable opportunity for cost recovery.

     (2) Funds are provided for acquisition of rail rights of way under RCW 47.76.140:   PROVIDED, That funds expended for the Stampede Pass corridor connecting Ravensdale in King County and Cle Elum in Kittitas County may be expended only if the corridor is acquired jointly with the city of Tacoma.  The department shall enter into an agreement with the City of Tacoma to develop appropriate restrictions on the use of the right of way designed to protect Tacoma's Green River water supply.  Following acquisition, the department may not expend or authorize the expenditure of funds for improvements to tracks, bridges, and associated elements without prior legislative approval.  Funds may be expended for necessary maintenance and preservation, such as fire and weed control.  This appropriation shall lapse if $1,100,000 is not reappropriated for the purchase of corridors from the essential rail banking account.

     (3) Moneys in this appropriation for the Spokane intermodal transportation center may be expended only after the Washington state transportation commission has received funding commitments from all other project participants.

     (4) Of the amount provided for regional transportation planning organizations, funds not allocated to such organizations may be used for a discretionary grant program for special regional planning projects, to be administered by the department of transportation.

     (5) The amount provided for implementation of the universal bus pass program at the University of Washington shall be expended solely for one-time infrastructure costs for modification of roads to accommodate buses, modification of parking facilities, bus shelters, security lighting for night shuttle programs, and bike storage facilities.  It is the intent of the legislature that comparable comprehensive programs be developed in the near future for all universities and colleges within the greater Seattle area.  To that end, Metro, community transit and Pierce transit, and Seattle area colleges and universities shall work together and submit a plan to the legislative transportation committee identifying potential services, costs and implementation schedules.  The plan shall be submitted by November 1992.

 

     NEW SECTION.  Sec. 37.  FOR THE DEPARTMENT OF TRANSPORTATION‑-CHARGES FROM OTHER AGENCIES‑-PROGRAM U

Motor Vehicle Fund‑-State Appropriation........................ $....... 19,438,361

Motor Vehicle Fund--Puget Sound Ferry Operations

     Account‑-State Appropriation.............................. $........ 2,000,000

             TOTAL APPROPRIATION............................... $....... 21,438,361

 

     The appropriations in this section are to provide for costs billed to the department for the services of other state agencies as follows:

     (1) Archives and records management, $257,763;

     (2) Attorney general tort claims support, $5,500,000;

     (3) Office of the state auditor audit  services, $883,366;

     (4) Department of general administration facilities and services charges, $2,597,769;

     (5) Department of personnel services, $2,368,949;

     (6) Self-insurance liability premium, $7,220,514 and administration, $610,000; and

     (7) Marine division self-insurance liability premium and administration, $2,000,000.

 

     NEW SECTION.  Sec. 38.  FOR THE DEPARTMENT OF TRANSPORTATION‑-MARINE CONSTRUCTION‑-PROGRAM W

Motor Vehicle  Fund‑-Puget Sound Capital Construction

     Account‑-State Appropriation.............................. $...... 107,324,000

Motor Vehicle Fund‑-Puget Sound Capital Construction

     Account‑-Federal Appropriation............................ $....... 16,937,000

Motor Vehicle Fund‑-Puget Sound Capital Construction

     Account‑-Private/Local Appropriation...................... $........ 1,500,000

             TOTAL APPROPRIATION............................... $...... 125,761,000

 

     The appropriations in this section are provided for improving the Washington state ferry system, including, but not limited to, vessel acquisition, vessel construction, major and minor vessel improvements, and terminal construction and improvements.  The appropriations in this section are subject to the following conditions and limitations:

     The appropriations in this section are provided to carry out only the projects in the department of transportation's 1991-93 biennial budget request dated March 1991, as approved by the transportation commission.  The department of transportation shall revise these projects to reconcile them with the 1989‑91 actual expenditures  within sixty days of the beginning of the biennium.  The department shall also reevaluate such projects, based on the findings and recommendations of the April 5, 1991, Final Report by Booz.Allen, Hamilton and M. Rosenblatt and Son, Inc. on the Washington State Ferries' Vessel Refurbishment Programs, and, if appropriate, make the necessary project revisions, after consultation with the legislative transportation committee, prior to September 1, 1991.

     The Puget Sound capital construction account‑‑state appropriation includes the reappropriation of $18,965,000 and $15,000,000 in proceeds from the sale of bonds authorized by RCW 47.60.560:   PROVIDED, That the  department of transportation may use current revenues available to the Puget Sound capital construction account in lieu of bond proceeds for any part of the state appropriation.

     The appropriation in this section contains an amount for prerefurbishment inspections as identified in Recommendation 8 of the April 5, 1991, Final Report by Booz.Allen, Hamilton and M. Rosenblatt and Son, Inc. on the Washington State Ferries' Vessel Refurbishment Programs.

     The Puget Sound capital construction account--state appropriation includes $1,082,000 to be expended solely for the design of a jumbo class automobile ferry vessel.

     The department shall consult the legislative transportation committee regarding the expenditure of moneys appropriated in this section and shall provide the committee with a monthly report concerning the status of the capital program authorized in this section.

     $300,000 of the Puget Sound capital construction account--state appropriation is provided to implement Recommendation Numbers 7 and 19 of the April 5, 1991, Final Report by Booz.Allen, Hamilton and M. Rosenblatt and Son, Inc. on the Washington State Ferries' Vessel Refurbishment Programs.  Of that amount $200,000 is provided for implementing a formal hazardous materials program and $100,000 is provided for audiogauge steel testing.

     The department of transportation shall establish a task force to assess and oversee the implementation of the recommendations contained in the April 5, 1991, Final Report by Booz.Allen, Hamilton and M. Rosenblatt and Son, Inc. on the Washington State Ferries' Vessel Refurbishment Programs.  The task force shall be comprised of department of transportation management, representatives of Washington state ferry system employee organizations, the shipbuilding industry, the legislative transportation committee, and any other entity or individual as deemed appropriate by the department.  The task force shall provide a progress report to the legislative transportation committee by December 1, 1991.

 

     NEW SECTION.  Sec. 39.  FOR THE DEPARTMENT OF TRANSPORTATION‑-MARINE‑-PROGRAM X

Marine Operating Fund‑-State Appropriation..................... $...... 204,767,000

 

     The appropriation in this section is subject to the following conditions and limitations:

     (1) The marine operating fund is hereby created in the state treasury.

     To fund the appropriations in this act, the department shall transfer operating subsidies from the Puget Sound ferry operations account and ferry user revenues from the ferry system revolving account to the marine operating fund.

     The department shall transfer moneys from the ferry system revolving account to the marine operating fund so as to minimize the need for revenues from the Puget Sound ferry operations account during June of each respective fiscal year in support of the expenditures necessary for the operation and maintenance of the state ferry system as authorized in this section.

     (2) The appropriation is based on the budgeted expenditure of $24,562,547 for vessel operating fuel in the 1991-93 biennium.  If the actual cost of fuel is less than this budgeted amount, the excess amount shall not be expended.  If the actual cost exceeds this amount, the department shall request a supplemental appropriation.

     (3) The appropriation contained in this section provides for the compensation of ferry employees, including increases.  The expenditures for compensation paid to ferry employees during the 1991-93 biennium shall not exceed $135,862,000 plus a dollar amount, as  prescribed  by the office of financial management, that is equal to any insurance benefit increase granted general government employees in excess of $256.07 a month annualized per eligible marine employee multiplied by the number of eligible marine employees for the respective fiscal year, a dollar amount as prescribed by the office of financial management for salary increases during the 1991-93 biennium, and a dollar amount as prescribed by the office of financial management for costs associated with pension amortization charges and cost of living allowances.  For the purposes of this section, the expenditures for compensation paid to ferry employees shall be limited to salaries and wages and employee benefits as defined in the office of financial management's  policies,  regulations,  and  procedures named under objects of expenditure "A" and "B" (7.2.6.2). Of the $135,862,000 provided for compensation, plus the prescribed insurance  benefit,  pension, and salary increase dollar amount:

     (a) The maximum dollar amount that shall be allocated from the  governor's  compensation salary appropriation is in addition to the appropriation contained in this section and may be  used  to  increase  compensation costs, effective January 1, 1992;

     (b) The maximum dollar amount that shall be allocated from the governor's compensation salary appropriation is in  addition to  the appropriation contained in this section and shall be used to maintain any 1991-92 compensation increase  and  may be used to increase compensation costs, effective January 1, 1993.

     In no event may the June 30, 1992, hourly salary rate increase exceed any average hourly salary rate increase granted during the 1991-92 fiscal year.

     In no event may the June  30, 1993, hourly salary rate increase exceed any salary rate increase granted during the 1992‑93 fiscal year.

     (c) The prescribed insurance benefit increase dollar amount that shall be allocated from the governor's compensation insurance benefits appropriation is in addition to the appropriation contained in this section and may be used to increase compensation costs, effective July 1, 1991;

     (d) The prescribed insurance benefit increase dollar amount that shall be allocated from the governor's compensation insurance benefits appropriation is in addition to the appropriation contained in this section and may be used to increase compensation costs, effective July 1, 1992.

     (4) The intent of the legislature is to eliminate the current passenger-only service between Seattle and Bremerton.  The transportation commission is responsible for evaluating other potential passenger-only routes and determining the location of a new passenger-only route.  The transfer of the Seattle/Bremerton passenger-only vessel to a new route should be implemented as soon as it is feasible.

     (5) The appropriation in this section includes $1,091,290 for an additional eight-hour automobile ferry service between Seattle and Bremerton during the 1992-93 fiscal period commencing with the elimination of the passenger only service.

     (6) The department of transportation shall provide the legislative transportation committee with a monthly report concerning the status of the operating program authorized in this section.

     (7) The transportation commission is directed to continue its evaluation of passenger-only vessel designs capable of providing high speed service between Seattle and Bremerton.  The commission shall provide the legislative transportation committee with a report concerning the status of the evaluation by September 30, 1991.

 

     NEW SECTION.  Sec. 40.  In addition to the appropriation authority contained in section 39 of this act for program X, the marine division may expend up to $500,000 from the marine operating fund for unprogrammed expenditures after consultation with the legislative transportation committee.

 

     NEW SECTION.  Sec. 41.  FOR THE DEPARTMENT OF TRANSPORTATION‑-LOCAL PROGRAMS‑-PROGRAM Z

Motor Vehicle Fund‑-State Appropriation........................ $....... 11,132,000

Motor Vehicle Fund‑-Federal Appropriation...................... $....... 95,300,000

Motor Vehicle Fund‑-Local Appropriation........................ $....... 10,000,000

             TOTAL APPROPRIATION............................... $...... 116,432,000

 

     (1) The appropriations in this section include $3,150,000 from the motor vehicle fund‑‑state appropriation for transportation expenditures related to the United States navy home port in Everett.

     (2) The appropriations contain $309,000 of state funds from the proceeds of bonds for Columbia Basin county roads authorized in chapter 121, Laws of 1951; chapter 311, Laws of 1955; and chapter 121, Laws of 1965 for reimbursable expenditures on cooperative projects authorized by state or federal laws.  If these moneys are not expended during 1991-93, this appropriation shall revert to the motor vehicle fund.

 

     NEW SECTION.  Sec. 42.  FOR THE DEPARTMENT OF TRANSPORTATION‑-SUPPORTIVE SERVICES‑-PROGRAM 090

Motor Vehicle Fund‑-State Appropriation........................ $.......... 169,000

General Fund‑-Federal Appropriation............................ $.......... 400,000

             TOTAL APPROPRIATION............................... $.......... 569,000

 

     The appropriations in this section are provided for support services to on‑the‑job training programs for minority construction workers and for minority contractors' training programs.

 

     NEW SECTION.  Sec. 43.  FOR THE DEPARTMENT OF TRANSPORTATION

Motor Vehicle Fund‑‑RV Account‑-State Appropriation

     Transfer:

For transfer to the Motor Vehicle Fund......................... $.......... 800,000

 

     The appropriation transfer in this section is provided for the construction and maintenance of recreation vehicle sanitary disposal systems at rest areas on the state highway system.

 

     NEW SECTION.  Sec. 44.  FOR THE DEPARTMENT OF TRANSPORTATION

Motor Vehicle Fund--State Appropriation

     Transfer:

For transfer to the Advance Right of Way Revolving

      Fund   .................................................. $....... 10,000,000

 

     The appropriation transfer in this section is null and void if House Bill No. 1992 is not enacted by September 1, 1991.

 

     NEW SECTION.  Sec. 45.  It is the intent of the legislature that the amounts assumed in this act for all revolving funds for services provided to the Washington state patrol and department of licensing by other agencies, including the department of personnel service fund for  personnel services, the legal services revolving fund for tort claim administration costs and other legal costs, the audit services revolving fund for audits, and the archives and records management account for archiving, storage, and records management services, shall not be exceeded without prior approval of the legislative transportation committee.

 

     Sec. 46.  RCW 46.68.110 and 1989 1st ex.s. c 6 s 41 are each amended to read as follows:


     Funds credited to the incorporated cities and towns of the state as set forth in subdivision (1) of RCW 46.68.100 shall be subject to deduction and distribution as follows:

     (1) One and one-half percent of such sums shall be deducted monthly as such sums are credited and set aside for the use of the department of transportation for the supervision of work and expenditures of such incorporated cities and towns on the city and town streets thereof, including the supervision and administration of federal-aid programs for which the department of transportation has responsibility:  PROVIDED, That any moneys so retained and not expended shall be credited in the succeeding biennium to the incorporated cities and towns in proportion to deductions herein made;

     (2) ((From July 1, 1987, through June 30, 1989,)) Thirty-three one-hundredths of one percent of such funds shall be deducted monthly, as such funds accrue, and set aside for the use of the department of transportation for the purpose of funding the cities' share of the costs of highway jurisdiction studies and other studies.  Any funds so retained and not expended shall be credited in the succeeding biennium to the cities in proportion to the deductions made;

     (3) ((From July 1, 1989, through June 30, 1991, thirty-three one-hundredths of one percent of such funds shall be deducted monthly, as such funds accrue, and set aside for the use of the department of transportation for the purpose of funding the cities' share of the costs of highway jurisdiction studies and other studies.  Any funds so retained and not expended shall be credited in the succeeding biennium to the cities in proportion to the deductions made;

     (4))) The balance remaining to the credit of incorporated cities and towns after such deduction shall be apportioned monthly as such funds accrue among the several cities and towns within the state ratably on the basis of the population last determined by the office of financial management.

 

     Sec. 47.  RCW 46.68.120 and 1989 1st ex.s. c 6 s 42 are each amended to read as follows:

     Funds to be paid to the counties of the state shall be subject to deduction and distribution as follows:

     (1) One and one-half percent of such funds shall be deducted monthly as such funds accrue and set aside for the use of the department of transportation and the county road administration board for the supervision of work and expenditures of such counties on the county roads thereof, including the supervision and administration of federal-aid programs for which the department of transportation has responsibility:  PROVIDED, That any funds so retained and not expended shall be credited in the succeeding biennium to the counties in proportion to deductions herein made;

     (2) All sums required to be repaid to counties composed entirely of islands shall be deducted;

     (3) ((From July 1, 1987, through June 30, 1989,)) Thirty-three one-hundredths of one percent of such funds shall be deducted monthly, as such funds accrue, and set aside for the use of the department of transportation for the purpose of funding the counties' share of the costs of highway jurisdiction studies and other studies.  Any funds so retained and not expended shall be credited in the succeeding biennium to the counties in proportion to the deductions made;

     (4) ((From July 1, 1989, through June 30, 1991, thirty-three one-hundredths of one percent of such funds shall be deducted monthly, as such funds accrue, and set aside for the use of the department of transportation for the purpose of funding the counties' share of the costs of highway jurisdiction studies and other studies.  Any funds so retained and not expended shall be credited in the succeeding biennium to the counties in proportion to the deductions made;

     (5))) The balance of such funds remaining to the credit of counties after such deductions shall be paid to the several counties monthly, as such funds accrue, in accordance with RCW 46.68.122 and 46.68.124.

 

     NEW SECTION.  Sec. 48.  The motor vehicle fund revenues are received at a relatively even flow throughout the year.  Expenditures  exceed the revenue during the accelerated summer and fall highway construction season, creating a negative cash balance during the heavy construction season.  Negative cash balances also may result from the use of state funds to finance federal advance construction projects prior to conversion to federal funding.  The legislature recognizes that the department of transportation may require interfund loans or other short‑term financing to meet temporary seasonal cash requirements  and additional cash requirements to fund federal advance construction projects.

 

     NEW SECTION.  Sec. 49.  In addition to such other appropriations as are made by this act, there is appropriated to the department  of transportation from legally available bond proceeds in the respective construction or building accounts such amounts as are necessary to pay the expenses incurred by the state finance committee in the issuance and sale of the subject bonds.

 

     NEW SECTION.  Sec. 50.  FOR THE DEPARTMENT OF TRANSPORTATION‑-TRANSFER

Motor Vehicle Fund‑‑Highway Construction

     Stabilization Account Transfer:  For

     transfer to the Motor Vehicle Fund........................ $...... 100,000,000

 

     The appropriation transfer in this section is provided for expenditures pursuant to RCW 46.68.200.

 

     NEW SECTION.  Sec. 51.  The department of transportation is authorized to undertake federal advance construction projects under the provisions of 23 U.S.C. Sec. 115 in order to maintain progress in meeting approved highway construction and preservation objectives.  The legislature recognizes that the use of state funds may be required to temporarily fund expenditures of the federal appropriations for the highway construction and preservation programs for federal advance construction projects prior to conversion to federal funding.

 

     NEW SECTION.  Sec. 52.  (1) Any public agency including but not limited to transit agencies, cities, counties, and the state department of transportation, awarded contracts from counties or transit agencies for the construction of high occupancy vehicle lanes and related facilities shall use such moneys in addition to, and not as a substitute for, moneys currently used, or planned to be used, for high occupancy vehicle lanes by the public agency receiving the award.

     (2) Cities, counties, transit agencies, and the state department of transportation having within their boundaries a portion of the existing or planned high occupancy vehicle system contained in the document dated March 1991, entitled "Puget Sound HOV Core Lane Needs: 2000", shall coordinate programming and operational decisions affecting the high occupancy vehicle system.

 

     NEW SECTION.  Sec. 53.  To maximize the use of motor vehicle fund revenues, it is the intent of the legislature to encourage sharing of technology, information, and systems where appropriate between transportation agencies.

     To facilitate this exchange, the Washington state department of transportation assistant secretary for finance and budget management; Washington state department of transportation chief for management information systems; the Washington state patrol deputy chief, chief of staff; Washington state patrol manager of the computer services division; the department of licensing deputy director and department of licensing assistant director for information systems will meet quarterly to share plans, discuss progress of key projects and to coordinate activities for the common good.  Minutes of these meetings will be distributed to the respective agency heads and the legislative transportation committee.  Washington state department of transportation will provide staff support and meeting coordination.

 

     NEW SECTION.  Sec. 54.  Agencies shall comply with the following requirements regarding information technology projects if directed to do so by specific appropriation proviso within this act.  In addition to these provisos agencies shall comply with all department of information services requirements.

     It is the intent of the legislature that information technology projects in state government be managed and completed successfully.  Information technology projects should be divided into distinct phases.  Each phase of a project should be successfully completed before subsequent phases are commenced, unless an alternative plan is approved by the department of information services, office of financial management, and legislative transportation committee.  In addition to the post-implementation review, reviews using oversight and quality assurance measures are to be conducted throughout the project.

     The legislature, with recommendations from department of information services and office of financial management, should evaluate each project's scope, duration, and risk in determining whether appropriations should be for a fiscal year or a biennium, and whether specific phases or the entire project can be accomplished within a specified time period.

     Work shall not commence on any task in a subsequent phase of a project until the status report for the preceding key decision point has been approved by the department of information services, the office  of financial management, and the legislative transportation committee as appropriate.

     (1) Scoping process phase.  Prior to requesting moneys from the legislature, or as a condition of receiving an appropriation for planning or development of information technology projects, an agency shall complete a project scoping process.  The scoping process shall detail the key issues to be addressed by the information technology project.  The scoping process shall precede the feasibility study.

     The scoping process must define the project's scope; key issues, including business, management, technical and other issues; major objectives; project justifications; project approach; and answer by a test of reasonableness that the project is feasible.  The purpose of the scoping process is to provide the legislature, office of financial management, and the department of information services with the high level information that is needed to grant approval to proceed with the project.

     (2) The agency shall produce a feasibility study for each information systems project in accordance with published department of information services instructions.  In addition to department of information services requirements such studies shall examine and evaluate the costs and benefits of maintaining the status quo, and of the proposed project.  The study shall identify if and in what amounts any fiscal savings, costs, and benefits will occur, and what programs or fund sources will be affected.  Benefits of information technology projects shall not be limited to fiscal savings, but may include improvements in service delivery by the agency to the citizens of the state.  The feasibility study in this section shall be accompanied by the project management plan described in subsection (3) of this section.

     (3) The project management plan shall document how the agency will manage the project identified in the feasibility study.  The plan shall be an evolving document.  Each subsequent phase of the project shall have an updated project management plan submitted as a prerequisite for approval to begin the next phase.

     The project management plan shall cover all factors critical to the entire project and shall specifically address management plans for successfully completing the subsequent phase.  The project management plan shall address all factors critical to the overall project, including, but not limited to, the following elements:

     (a) Project organization:  Define agency executive personnel accountable for project success; define oversight and management committee structures; identify key personnel including key positions that are not yet filled; address staffing requirements, including backfilling requirements; and other key resources needed for successful project implementation.

     (b) A description of scope change and cost control procedures.

     (c) A risk assessment and risk mitigation plan.

     (d) A description of project oversight monitoring and quality assurance procedures.

     (e) A project workplan:  Explaining the appropriately defined phases, key management decision points, scheduling of other activities, and estimated costs for the next phase or phases to be conducted in a specified time period.

     (4) Prior to reaching key decision points identified in the relevant project management plan a project status report shall be submitted to the department of information services, the office of financial management, and the legislative transportation committee for each project.  Project status reports shall examine and evaluate project management, accomplishments, budget, action to address variances, risk management, cost and benefits analysis, and other aspects critical to completion of a project.

     (5) In instances where a project review is requested in accordance with department of information services policies, the reviews shall examine and evaluate:  System requirements specifications; scope; system architecture; change controls; documentation; user involvement; training; availability  and capability  of resources; programming languages and techniques; system inputs and outputs;  plans for testing, conversion, implementation, and post‑implementation; and other aspects critical to successful construction, integration, and implementation of information technology projects.  Copies of written project review reports shall be forwarded to the office of financial management and the legislative transportation committee by the agency.

     (6) The agency and the department of information services shall provide the legislative transportation committee and the office of financial management with a written bi-monthly project oversight and risk assessment report for each project that has a specific proviso under this section.  The report shall include, but not be limited to, the following:  Project name, agency undertaking the project, a description of the project, key project activities during the next sixty to ninety days, base-line cost data, costs to date, schedule to date, risk assessments, risk management, and recommendations.

     (7) A written post‑implementation review report shall be prepared by the agency for each information systems project in accordance with published department of information services instructions.  In addition to the information requested pursuant to the department of information services instructions, post‑implementation reports shall evaluate the degree to which a project accomplished its major objectives including, but not limited to, a comparison of original cost and benefit estimates to actual costs and benefits achieved.  Copies of post‑implementation review reports shall be provided to the department of information services, the office of financial management, and the legislative transportation  committee.

     (8) Where major variances in project scope, cost, or risk occur, the sponsoring agency shall inform the department of information services of the change.  The director of the sponsoring agency and the director of the department of information services shall jointly report such findings in writing to the legislative transportation committee and office of financial management.  A major variance is defined as a budget change in excess of $1,000,000 or ten percent, whichever is lower; an increase in risk category to high; or a change in scope that could result in major change in budget or risk.

 

     NEW SECTION.  Sec. 55.  The department of transportation shall identify and coordinate all growth management functions.  Such functions shall cease to exist on June 30, 1995.

 

     NEW SECTION.  Sec. 56.  The attorney general shall prepare by December 31 of each year, a report to the legislative transportation committee comprising a comprehensive summary of all cases involving tort claims against the department of transportation involving highways that were concluded and closed in the previous calendar year.  The report shall include for each case closed:

     (1) A summary of the factual background of the case;

     (2) Identification of the attorneys representing the state and the opposing parties;

     (3) A synopsis of the legal theories asserted and the defenses presented;

     (4) Whether the case was tried, settled, or dismissed, and in whose  favor;

     (5) The amount of any settlement or verdict reached, and the terms for payment;

     (6) A summary of all settlement offers made by the parties where a verdict was returned against the state;

     (7) The approximate number of attorney hours expended by the state on the case, together with the corresponding dollar amount billed therefore; and

     (8) Such other matters relating to the case as the attorney general deems relevant or appropriate, especially including any comments or recommendations for changes in statute law or agency practice that might effectively reduce the exposure of the state to such tort claims.

 

     NEW SECTION.  Sec. 57.  FOR THE WASHINGTON STATE PATROL--CAPITAL

     As used in this section, "St Patrol Hiwy Acct" means the State Patrol Highway Account.

     (1) Design and construct WSP/DOL district offices-Tacoma (90‑2‑013)

                                           Reappropriation   Appropriation

St Patrol Hiwy Acct                                          5,413,000

Motor Vehicle Acct‑-State                                      924,000

Highway Safety Fund‑-State                                     924,000

         Total Appropriation                                  7,261,000

 

             Project                       Estimated               Estimated

             Costs                   Costs             Total

             Through                       7/1/91 and        Costs

             6/30/91                       Thereafter

 

             750,000                                               8,011,000

 

     (2) Design new agency headquarters-Olympia (90‑2‑040)

 

 

                                     Reappropriation         Appropriation

 

St Patrol Hiwy Acct                                          3,481,000

 

             Project                 Estimated                     Estimated

             Costs             Costs                   Total

             Through                 7/1/91 and              Costs

             6/30/91                 Thereafter

 

             250,000                                               40,250,000

 

     The appropriation in this subsection is provided solely for the design of the Washington state patrol headquarters facility.  The agency shall submit written status reports to the legislative transportation committee by September 30, 1991, and January 1, 1992.

 

     (3) Complete Construction District Headquarters-Everett

(90-2-018)

 

 

                                     Reappropriation         Appropriation

 

St Patrol Hiwy Acct            3,200,000                    

 

             Project                 Estimated                     Estimated

             Costs             Costs                   Total

             Through                 7/1/91 and              Costs

             6/30/91                 Thereafter

 

             300,000                 3,200,000                     3,500,000

 

     (4) Replace underground storage tanks-Ten locations (92‑1‑002)

 

 

                                     Reappropriation         Appropriation

 

St Patrol Hiwy Acct                                          1,656,000

 

             Project                 Estimated                     Estimated

             Costs             Costs                   Total

             Through                 7/1/91 and              Costs

             6/30/91                 Thereafter

 

             376,000                                               2,032,000

 

     (5) Minor works (92‑2‑004)

 

 

                                     Reappropriation         Appropriation

 

St Patrol Hiwy Acct                                          435,000

 

             Project                 Estimated                     Estimated

             Costs             Costs                   Total

             Through                 7/1/91 and              Costs

             6/30/91                 Thereafter

 

             1,654,000               759,200                       2,848,200

 

     (6) Property acquisition for communications site-Maple Falls (92‑2‑0064)

 

                                     Reappropriation         Appropriation

 

St Patrol Hiwy Acct                                          17,000

 

             Project                 Estimated                     Estimated

             Costs             Costs                   Total

             Through                 7/1/91 and              Costs

             6/30/91                 Thereafter

                                                                   17,000

 

     (7) BAW FAW replacement communication tower (92-2-010)

 

 

                                     Reappropriation         Appropriation

 

St Patrol Hiwy Acct                                          234,000

 

             Project                 Estimated                     Estimated

             Costs             Costs                   Total

             Through                 7/1/91 and              Costs

             6/30/91                 Thereafter

 

                                                                   234,000

 

     The state patrol and the department of licensing shall coordinate their activities when siting facilities.  This coordination shall result in the colocation of driver and vehicle licensing and vehicle inspection service facilities whenever possible.

     The department and state patrol shall explore alternative state services, such as vehicle emission testing, that would be feasible to colocate in these joint facilities.  The department and state patrol shall reach agreement with the department of transportation for the purposes of offering department of transportation permits at these one-stop transportation centers.  All services provided by the department or the state patrol at these transportation service facilities shall be provided at cost to the participating agencies.

     In those instances where the community need or the agencies needs do not warrant colocation this proviso shall not apply.

 

     NEW SECTION.  Sec. 58.  It is the intent of the legislature that a four range, or approximately ten percent, salary increase be effective July 1, 1991, for the transportation technician 2, transportation engineer 2, transportation engineer 5, and right-of-way agent 2 job classes, and all job classes directly indexed to one of those four benchmark job classes.

 

     NEW SECTION.  Sec. 59.  A new section is added to chapter 46.68 RCW to read as follows:

     The state patrol equipment account is created in the state treasury.  The account shall be used solely to finance the acquisition and replacement of equipment to be used for state patrol highway-related activities.

     (1) All equipment capitalized by the account shall be subject to annual use and depreciation costs in an amount that will recover a replacement value by the time the life cycle has expired for a particular piece of equipment.  The account shall be an internal service fund subject to legislative appropriation.

     (2) Use and depreciation costs shall be charged to all users of Washington State Patrol equipment, except in those circumstances where the chief of the state patrol deems it necessary to waive those charges.

     (3) The state patrol shall propose a replacement schedule and the rate for use, for all equipment to be included in the account.

     (4) The state patrol shall report to the legislative transportation committee and the office of financial management by December 1, 1991, on the alternatives for the inclusion of different types of equipment to be included in the state patrol equipment account and on financing alternatives.

 

     NEW SECTION.  Sec. 60.  The speaker of the house of representatives and the president of the senate shall appoint a joint select committee composed of sixteen members of the legislature, to make recommendations to the legislature regarding the public safety and education account.  Membership shall include four legislators from senate ways and means, two from house appropriations, two from house revenue, and four each from the senate and house transportation committees.  Efforts shall be made to insure that appointments to the committee shall include members who also serve on the house judiciary committee and the senate law and justice committee.  The joint select committee shall be chaired by the chair of the legislative transportation committee.

     The committee shall, at a minimum, make recommendations as to the following issues:  The percentages by which public safety and education account revenues shall be split between the general fund and transportation budgets; the programs that shall be eligible for public safety and education account appropriations; the budget from which each eligible program shall receive its public safety and education account funding, in particular, the superintendent of public instruction driver training program; and any new accounts into which revenue shall be deposited to accommodate the agreed upon revenue split.  The committee may consider any other issues it deems appropriate.  The committee's recommendations shall be drafted into legislation for approval in the 1992 legislative session and shall be submitted to the legislature by December 15, 1991.  The recommendations contained in the legislation shall take effect on July 1, 1993.

 

     Sec. 61.  RCW 47.76.040 and 1991 c 363 s 126 are each amended to read as follows:

     The department shall sell property acquired under RCW ((47.76.030)) 47.76.140 to a county rail district established under chapter 36.60 RCW, a county, a port district, or any other public or private entity authorized to operate rail service.  Any public or private entity which originally donated funds to the department pursuant to RCW ((47.76.030)) 47.76.140 shall receive credit against the purchase price for the amount donated to the department, less management costs, in the event such public or private entity purchases the property from the department.

     If no county rail district, county, port district, or other public or private entity authorized to operate rail service offers to purchase such property within six years after its acquisition by the department, the department may sell such property in the manner provided in RCW 47.76.050.  Failing this, the department may sell or convey all such property in the manner provided in RCW 47.76.060 or 47.76.080.

 

     Sec. 62.  RCW 47.76.050 and 1985 c 432 s 4 are each amended to read as follows:

     (1) If real property acquired by the department under RCW ((47.76.030)) 47.76.140 is not sold to a public or private entity authorized to operate rail service within six years of its acquisition by the department, the department may sell the property at fair market value to any of the following governmental entities or persons:

     (a) Any other state agency;

     (b) The city or county in which the property is situated;

     (c) Any other municipal corporation;

     (d) The former owner, heir, or successor of the property from whom the property was acquired;

     (e) Any abutting private owner or owners.

     (2) Notice of intention to sell under this section shall be given by publication in one or more newspapers of general circulation in the area in which the property is situated not less than thirty days prior to the intended date of sale.

     (3) Sales to purchasers may at the department's option be for cash or by real estate contract.

     (4) Conveyances made under this section shall be by deed executed by the secretary of transportation and shall be duly acknowledged.

     (5) All moneys received under this section shall be deposited in the essential rail assistance account of the general fund.

 

     Sec. 63.  RCW 47.76.060 and 1985 c 432 s 5 are each amended to read as follows:

     If real property acquired by the department under RCW ((47.76.030)) 47.76.140 is not sold to a public or private entity authorized to operate rail service within six years of its acquisition by the department, the department may transfer and convey the property to the United States, its agencies or instrumentalities, to any other state agency, to any county or city or port district of this state when, in the judgment of the secretary, the transfer and conveyance is consistent with the public interest.  Whenever the  secretary makes an agreement for any such transfer or conveyance, the secretary shall execute and deliver to the grantee a deed of conveyance, easement, or other instrument, duly acknowledged, as necessary to fulfill the terms of the agreement.  All moneys paid to the state of Washington under this section shall be deposited in the essential rail assistance account of the general fund.

 

     Sec. 64.  RCW 47.76.070 and 1985 c 432 s 6 are each amended to read as follows:

     The department is authorized subject to the provisions and requirements of zoning ordinances of political subdivisions of government, to rent or lease any lands acquired under RCW ((47.76.030)) 47.76.140, upon such terms and conditions as the department determines.

 

     Sec. 65.  RCW 47.76.080 and 1985 c 432 s 7 are each amended to read as follows:

     (1) If real property acquired by the department under RCW ((47.76.030)) 47.76.140 is not sold to a public or private entity authorized to operate rail service within six years of its acquisition by the department, the department may, in its discretion, sell the property at public auction in accordance with subsections (2) through (5) of this section.

     (2) The department shall first give notice of the sale by publication on the same day of the week for two consecutive weeks, with the first publication at least two weeks before the date of the auction, in a legal newspaper of general circulation in the area where the property to be sold is located.  The notice shall be placed in both the legal notices section and the real estate classified section of the newspaper.  The notice shall contain a description of the property, the time and place of the auction, and the terms of the sale.  The sale may be for cash or by real estate contract.

     (3) In accordance with the terms set forth in the notice, the department shall sell the property at the public auction to the highest and best bidder if the bid is equal to or higher than the appraised fair market value of the property.

     (4) If no bids are received at the auction or if all bids are rejected, the department may, in its discretion, enter into negotiations for the sale of the property or may list the property with a licensed real estate broker.  No property may be sold by negotiations or through a broker for less than the property's appraised fair market value.  Any offer to purchase real property under this subsection shall be in writing and may be rejected at any time before written acceptance by the department.

     (5) Conveyances made under this section shall be by deed executed by the secretary of transportation and shall be duly acknowledged.

     (6) All moneys received under this section shall be deposited in the essential rail assistance account of the general fund.

 

     Sec. 66.  RCW 47.76.090 and 1985 c 432 s 8 are each amended to read as follows:

     Transfers of ownership of property acquired under RCW ((47.76.030)) 47.76.140 are exempt from chapters 8.25 and 8.26 RCW.

 

     Sec. 67.  RCW 46.61.165 and 1984 c 7 s 65 are each amended to read as follows:

     The state department of transportation and the local authorities are authorized to reserve all or any portion of any highway under their respective jurisdictions, including any designated lane or ramp, for the exclusive or preferential use of public transportation vehicles or private motor vehicles carrying no fewer than a specified number of passengers when such limitation will increase the efficient utilization of the highway or will aid in the conservation of energy resources.  For lanes so designated on the main line of limited access freeways, the required number of occupants in private motor vehicles, other than motorcycles, will be two.  If the operating condition of a restricted lane falls below level of service "C" during peak hours for a period of twelve continuous months, as verified by the department, the number of occupants required during peak hours shall be increased to maintain an operating condition of level of service "C".  The department shall report any changes in vehicle occupancy requirements to the legislative transportation committee.  There is hereby appropriated from the transportation fund‑-state to the department of transportation, program C for the period ending June 30, 1993, an additional $15 million for the sole purpose of expediting completion of the HOV core lane system.  Regulations authorizing such exclusive or preferential use of a highway facility may be declared to be effective at all times or at specified times of day or on specified days.  The department shall evaluate the efficacy of the vehicle occupancy requirements and shall report to the legislative transportation committee by January 1, 1992.

 

     Sec. 68.  RCW 81.104.100 and 1991 c 318 s 9 are each amended to read as follows:

     To assure development of an effective high capacity transportation system, local authorities shall follow the following planning process:

     (1) Regional, multimodal transportation planning is the ongoing urban transportation planning process conducted in each urbanized area by its 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 process provides a comprehensive view of the region's transportation needs but does not select specified modes to serve those needs.  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) High capacity transportation system planning is the detailed evaluation of a range of high capacity transportation system options, including:  Do nothing, low capital, and 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.

     High capacity transportation system planning shall proceed as follows:

     (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 system planning process.

     (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 a range of capital expenditures for several candidate technologies shall be developed.

     (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.

     (d) The system plan submitted to the voters pursuant to RCW ((81.04.140)) 81.104.140 shall address, but is not limited to the following issues:

     (i) Identification of level and types of high capacity transportation services to be provided;

     (ii) A plan of high occupancy vehicle lanes to be constructed;

     (iii) Identification of route alignments and station locations with sufficient specificity to permit calculation of costs, ridership, and system impacts;

     (iv) Performance characteristics of technologies in the system plan;

     (v) Patronage forecasts;

     (vi) A financing plan describing:  Phasing of investments; capital and operating costs and expected revenues; cost-effectiveness represented by a total cost per system rider and new rider estimate; estimated ridership and the cost of service for each individual high capacity line; and identification of the operating revenue to operating expense ratio.

     The financing plan shall specifically differentiate the proposed use of funds between high capacity transportation facilities, high occupancy vehicle facilities, and expanded local/feeder service;

     (vii) Description of the relationship between the high capacity transportation system plan and adopted land use plans;

     (viii) An assessment of social, economic, and environmental impacts; and

     (ix) Mobility characteristics of the system presented, including but not limited to:  Qualitative description of system/service philosophy and impacts; qualitative system reliability; travel time and number of transfers between selected residential, employment, and activity centers; and system and activity center mode splits.

     (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 analyze and produce information needed for the preparation of environmental impact statements.  The impact statements shall address the impact that development of such a system will have on abutting or nearby property owners.  The process of identification of 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.

     In order to increase the likelihood of future federal funding, the 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.

 

     NEW SECTION.  Sec. 69.  The appropriations of moneys and the designation of funds and accounts by this and other acts of the 1991 legislature shall be construed in a manner consistent with legislation enacted by the 1985, 1987, and 1989 legislatures to conform state funds and accounts with generally accepted accounting principles.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

 

     NEW SECTION.  Sec. 70.  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 immediately.