S-1681

AN ACT Relating to transportation; amending RCW 36.70A.070 and 82.44.150; adding a new section to chapter 39.12 RCW; adding a new section to chapter 70.94 RCW; adding a new chapter to Title 43 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. Land use decisions play a fundamental role in improving or degrading our transportation systems. The legislature believes that competent long-range planning can ultimately reduce the state's future needs in transportation spending. Land use planning can reduce the negative impacts on communities and enhance the positive impacts of the transportation facilities that are built. The integration of transportation decisions and land use planning will improve our access to employment, homes, and recreation and, by managing travel demands, we will improve our state's air quality and conserve badly needed resources through increased efficiency.

It is the intent of the legislature that all land use decisions be made following full consideration of: (1) The availability of transportation to an area being considered for development; (2) the community disruption such development may cause; (3) the environmental impact to an area under consideration; and (4) close scrutiny of areas offering services already in place.

The intent of the legislature shall be incorporated into the provisions of RCW 35.77.010 and 36.81.121 and be made part of the perpetual advanced six-year plans of the cities and counties in the affected areas.

Sec. 2. RCW 36.70A.070 and 1990 1st ex.s. c 17 s 7 are each amended to read as follows:

The comprehensive plan of a county or city that is required or chooses to plan under RCW 36.70A.040 shall consist of a map or maps, and descriptive text covering objectives, principles, and standards used to develop the comprehensive plan. The plan shall be an internally consistent document and all elements shall be consistent with the future land use map. A comprehensive plan shall be adopted and amended with public participation as provided in RCW 36.70A.140.

Each comprehensive plan shall include a plan, scheme, or design for each of the following:

(1) A land use element designating the proposed general distribution and general location and extent of the uses of land, where appropriate, for agriculture, timber production, housing, commerce, industry, recreation, open spaces, public utilities, public facilities, and other land uses. The land use element shall include population densities, building intensities, and estimates of future population growth. The land use element shall provide for protection of the quality and quantity of ground water used for public water supplies. Where applicable, the land use element shall review drainage, flooding, and storm water run-off in the area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute waters of the state, including Puget Sound or waters entering Puget Sound.

(2) A housing element recognizing the vitality and character of established residential neighborhoods that: (a) Includes an inventory and analysis of existing and projected housing needs; (b) includes a statement of goals, policies, and objectives for the preservation, improvement, and development of housing; (c) identifies sufficient land for housing, including, but not limited to, government-assisted housing, housing for low-income families, manufactured housing, multifamily housing, and group homes and foster care facilities; and (d) makes adequate provisions for existing and projected needs of all economic segments of the community.

(3) A capital facilities plan element consisting of: (a) An inventory of existing capital facilities owned by public entities, showing the locations and capacities of the capital facilities; (b) a forecast of the future needs for such capital facilities; (c) the proposed locations and capacities of expanded or new capital facilities; (d) at least a six-year plan that will finance such capital facilities within projected funding capacities and clearly identifies sources of public money for such purposes; and (e) a requirement to reassess the land use element if probable funding falls short of meeting existing needs and to ensure that the land use element, capital facilities plan element, and financing plan within the capital facilities plan element are coordinated and consistent.

(4) A utilities element consisting of the general location, proposed location, and capacity of all existing and proposed utilities, including, but not limited to, electrical lines, telecommunication lines, and natural gas lines.

(5) Counties shall include a rural transportation element including lands that are not designated for urban growth, agriculture, forest, or mineral resources. The rural element shall permit land uses that are compatible with the rural character of such lands and provide for a variety of rural densities and do not foster urban growth.

(6) Site planning that is transit-oriented, with the sites to be served by public transportation, toward the goal of having traffic demand management efforts being implemented.

(7) A transportation element that implements, and is consistent with, the land use element. The transportation element shall include the following subelements:

(a) Land use assumptions used in estimating travel, including:

(i) Vehicle miles traveled. It is state policy to limit increases in motor vehicle miles driven in urban and suburban areas of the state and in other areas which do not meet the most stringent air quality standards. Counties in which inspection and maintenance of exhaust controls are required, or whose population is more than one hundred thousand, shall, in consultation with local governments, establish a ceiling on vehicle miles traveled within two years after the effective date of this act, both on average and at peak hours, and shall adopt a strategy for keeping within this ceiling, including means of influencing land use decisions and investments in transportation capital improvements. In counties that do not attain air quality standards, the air pollution control agency may impose this ceiling if the county does not do so. Counties and air pollution control agencies may divide their territory into zones or subregions that may receive varying levels of regulation. Counties that do not adopt a ceiling on vehicle miles traveled will not be eligible for state funds nor will they be allowed to undertake bond issues for transportation improvements.

(ii) Planning for alternative means of transportation. It is recognized as state policy that the protection of future air quality makes it essential to promote alternatives to use of the automobile. The legislature declares it to be state policy that by the year 2000 at least fifty percent of passenger trips shall be other than by the single-occupant vehicle. The department of transportation and each unit of local government shall adopt long-range plans for achieving this goal, along with interim goals toward that end.

(iii) Fuel combustion charges. Local governments may charge a sales tax on gasoline and diesel fuel that shall have the purpose of creating an incentive to use less-polluting automobiles and creating a funding base for transit and other alternatives to the automobile, for air pollution control by state and local agencies.

(iv) Decisions on service level improvements in streets, roads, and highways that must consider long-term consequences of increased vehicle capacity and vehicle use. Service level improvements which encourage more single-occupant vehicle use and result in increasing long-term congestion and decreased air quality shall be denied funding from state revenues until alternative means of improving corridor capacity such as car pooling, transit, demand management, and bicycling are responsible for fifty percent of the passenger miles within the corridor.

(v) A showing that regional transportation planning agencies have relied upon local air quality district findings concerning the consistency of the proposed transportation projects with air quality plans required by this chapter.

(vi) Offsets and litigation elements. Local land use and transportation plans, transportation projects, and building permits must mitigate any expected violations of air quality standards of health thresholds that are a direct or indirect result of a proposed project or decision. Projected increases in vehicle miles traveled and air pollution may be offset by trip reductions in a ratio of at least two trips reduced to the one created. Thus, for example, a project may improve transit service, improve pedestrian and bicycle access, increase parking charges or reduce parking availability. The regional air pollution control agency shall monitor compliance by public agencies and private developers with planned offsets and mitigation; the agencies shall have authority to deny permits to those which have grossly and willfully failed to provide the promised offsets and mitigation. Measures of the effectiveness of offsets and mitigation will be based upon emission density formulas which specifically quantify the emissions in the area affected by a project before and after the completion of the project.

(vii) Trip reduction ordinances. All counties, cities, and towns which are located in areas whose air quality problems are deemed serious enough to require inspection and maintenance of exhaust controls are required, within one year of the effective date of this act, to establish a transportation demand management plan, and within three years of the effective date of this act, to establish a transportation demand management ordinance;

(b) Facilities and services needs, including:

(i) An inventory of air, water, and land transportation facilities and services, including transit alignments, to define existing capital facilities and travel levels as a basis for future planning;

(ii) Level of service standards for all arterials and transit routes to serve as a gauge to judge performance of the system. These standards should be regionally coordinated every two years under RCW 35.77.010 and 36.81.121;

(iii) Specific actions and requirements for bringing into compliance any facilities or services that are below an established level of service standard;

(iv) Forecasts of traffic for at least ten years based on the adopted land use plan to provide information on the location, timing, and capacity needs of future growth;

(v) Identification of system expansion needs and transportation system management needs to meet current and future demands;

(i) An analysis of funding capability to judge needs against probable funding resources;

(ii) A multiyear financing plan based on the needs identified in the comprehensive plan, the appropriate parts of which shall serve as the basis for the six-year street, road, or transit program required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems;

(iii) If probable funding falls short of meeting identified needs, a discussion of how additional funding will be raised, or how land use assumptions will be reassessed to ensure that level of service standards will be met;

(d) Elements to meet the requirements under sections 3 through 6 and 8 of this act and RCW 82.44.150;

(e) Intergovernmental coordination efforts, including an assessment of the impacts of the transportation plan and land use assumptions on the transportation systems of adjacent jurisdictions;

((~~(e)~~)) (f) Demand-management strategies. These shall include:

(i) Transportation demand management planning. Each major state agency shall adopt for its own employees, facilities, and vehicles a transportation demand management plan, and shall submit it no later than January 1, 1992, for approval of the transportation demand management team.

In the agencies' six-year transportation improvement plans, all local governments are required to consider measures to moderate transportation demand.

(ii) Transportation demand management interagency team. A state-wide transportation demand management interagency team shall be established. Its members shall include one representative each from the department of ecology, the state energy office, the department of transportation, and one representative from a regional air agency. The transportation demand management interagency team's members shall be appointed by the governor. The role of the transportation demand management interagency team is to:

(A) Develop model programs which meet the criteria under this subsection. The programs shall be such that they may be adopted by various types of employers both in the public and private sectors;

(B) Develop model ordinances, and review and approve the local ordinances required in this subsection (f);

(iii) Including demand management in transportation planning. Planning by state agencies and by units of local government shall consider and, to the greatest extent feasible, include mechanisms to address the following:

(A) Measures to encourage pedestrians, such as paths, bridges, and mixed-use projects;

(B) Measures to encourage bicycling, such as bicycle lanes and paths, covered and secure bicycle storage, and shower facilities;

(C) Measures to encourage car pooling, such as making car pooling mandatory for public agencies. These measures may include preferred and subsidized parking, with higher prices for single-occupant vehicles;

(D) Measures to encourage public transit, such as preferential access to buildings and highways or free or subsidized passes;

(iv) Demand management. It is recognized that air quality is best served if the need for automobile transportation is reduced. Toward this end, the department of transportation and local governments are required to develop and update biennially a demand management plan that includes the following elements:

(A) Reduction of the effective distance between residential, retail, and employment centers;

(B) Promotion of telecommuting work and establishment of telework centers;

(C) Employee incentives to accommodate car pool, van pool, and transit schedules, ride matching services, guaranteed ride home insurance for emergencies, on-site services, e.g. convenience stores and loaner vehicles for work-related trips during the day.

(D) Preferential parking for car and van pools, reduced parking rates for car and van pools, subsidized van pools, subsidized transit passes, paycheck incentives for car pooling and bicycling.

(E) Efficient use of existing roadways such as congestion tolls, conversion of general purpose lanes to high-occupancy vehicle lanes and nontruck lanes, and incentive payments to users of nonsingle-occupancy vehicle modes of travel; and

(F) Measures which provide alternatives to everyday commuting, such as flextime, staggered hours, shortened work week, and other reduced work week options.

After adoption of the comprehensive plan by jurisdictions required to plan or who choose to plan under RCW 36.70A.040, local jurisdictions must adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a transportation facility to decline below the standards adopted in the transportation element of the comprehensive plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development. These strategies ((~~may~~)) shall include increased public transportation service, ride sharing programs, demand management, and other transportation systems management strategies. For the purposes of this subsection ((~~(6)~~)) (7) "concurrent with the development" shall mean that improvements or strategies are in place at the time of development((~~, or that a financial commitment is in place to complete the improvements or strategies within six years~~)).

The transportation element described in this subsection, and the six-year plans required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems, must be consistent.

(8) A design element that enables communities to harmoniously fit new development with planned or existing community character and vision.

(9) An environmental management element that minimizes development and growth impacts on the environment and enhances the quality of air, water, and land resources. This element shall conform with section 9 of this act.

(10) An open space and outdoor recreation element that provides for local and regional parks, outdoor recreation facilities, trails, resource conservation, natural vistas, and open space.

(11) An annexation element for cities and incorporation element for counties to clearly delineate a local government service delivery plan.

(12) A public education element which encourages walking, bicycling, mass transit, ridesharing, and other single-occupancy vehicle trip reduction measures. These efforts shall include seasonal campaigns that promote changes in transportation behavior specifically as a response to local air pollution problems.

NEW SECTION. Sec. 3. The department of community development shall administer grants to local jurisdictions to conduct the review process to conduct a community assessment process. The department shall have rule-making authority concerning the administration of grants, community assessment surveys, and the local government review process.

NEW SECTION. Sec. 4. The community assessment fund is hereby established in the custody of the state treasurer. The department of community development shall deposit in the fund all moneys received from the distribution of funds under RCW 82.44.150(2). Moneys in the fund may be spent only for administration and funding of the grant program established by this chapter. Disbursements from the fund shall be on authorization of the director of community development or the director's designee. The fund is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements.

NEW SECTION. Sec. 5. The local government decision process shall include at a minimum the following elements:

(1) Preservation of open space lands.

(2) Preservation of historic properties and properties that are deemed to be significant assets to the community.

(3) Zoning standards.

(4) Infrastructure requirements.

(5) Comprehensive planning.

(6) The results of the community assessment process.

NEW SECTION. Sec. 6. (1) The department of community development shall establish and administer the community assessment process. The department shall contract with local governments to perform the community assessment survey.

(2) Notice of the pendency of the community assessment process shall be published at least twice in major newspapers of general circulation in the jurisdiction, and in addition the local government may provide notice through other media.

(3) The local governments shall establish a transportation land use assessment board. The transportation land use assessment board shall consist of ten members. The members shall be appointed by the legislative authorities under RCW 35.77.010 and 36.81.121. The board shall make a recommendation to the legislative authority at the conclusion of the assessment study.

(4) The survey required by this section shall solicit the opinions of citizens on the impact of the proposed major transportation corridor on the following:

(a) The preservation of open space lands.

(b) The preservation of historic properties and properties that are deemed to be assets to the community.

(d) Infrastructure requirements.

(e) Comprehensive planning.

(5) Results of the survey shall be reported to affected local governments and the department of community development, and shall be a part of the local government decision process.

Sec. 7. RCW 82.44.150 and 1990 c 42 s 308 are each amended to read as follows:

(1) The director of licensing shall, on the twenty-fifth day of February, May, August, and November of each year, advise the state treasurer of the total amount of motor vehicle excise taxes remitted to the department during the preceding calendar quarter ending on the last day of March, June, September, and December, respectively, except for those payable under RCW 82.44.030, from motor vehicle owners residing within each municipality which has levied a tax under RCW 35.58.273, which amount of excise taxes shall be determined by the director as follows:

The total amount of motor vehicle excise taxes remitted to the department, except those payable under RCW 82.44.030, from each county shall be multiplied by a fraction, the numerator of which is the population of the municipality residing in such county, and the denominator of which is the total population of the county in which such municipality or portion thereof is located. The product of this computation shall be the amount of excise taxes from motor vehicle owners residing within such municipality or portion thereof. Where the municipality levying a tax under RCW 35.58.273 is located in more than one county, the above computation shall be made by county, and the combined products shall provide the total amount of motor vehicle excise taxes from motor vehicle owners residing in the municipality as a whole. Population figures required for these computations shall be supplied to the director by the office of financial management, who shall adjust the fraction annually.

(2) On the first day of the months of January, April, July, and October of each year, the state treasurer based upon information provided by the department shall, from motor vehicle excise taxes deposited in the general fund, under RCW 82.44.110(7), make the following deposits:

(a) To the high capacity transportation account created in RCW 47.78.010, a sum equal to four and five-tenths percent of the special excise tax levied under RCW 35.58.273 by those municipalities authorized to levy a special excise tax within a class AA county, or within a class A county contiguous to a class AA county, or within a second class county contiguous to a class A county that is contiguous to a class AA county;

(b) To the community assessment fund under section 4 of this act a sum equal to one percent of the motor vehicle excise taxes;

(c) To the central Puget Sound public transportation account created in RCW 82.44.180, for revenues distributed after December 31, 1992, within a class AA county or within a class A county contiguous to a class AA county, a sum equal to the difference between (i) the special excise tax levied and collected under RCW 35.58.273 by those municipalities authorized to levy and collect a special excise tax subject to the requirements of subsections (3) and (4) of this section and (ii) the special excise tax that the municipality would otherwise have been eligible to levy and collect at a tax rate of .815 percent and been able to match with locally generated tax revenues, other than the excise tax imposed under RCW 35.58.273, budgeted for any public transportation purpose. Before this deposit, the sum shall be reduced by an amount equal to the amount distributed under (a) and (b) of this subsection for each of the municipalities within the counties to which this subsection (2)((~~(b)~~))(c) applies; however, any transfer under this subsection (2)((~~(b)~~))(c) must be greater than zero;

((~~(c)~~)) (d) To the public transportation systems account created in RCW 82.44.180, for revenues distributed after December 31, 1992, within counties not described in ((~~(b)~~)) (c) of this subsection, a sum equal to the difference between (i) the special excise tax levied and collected under RCW 35.58.273 by those municipalities authorized to levy and collect a special excise tax subject to the requirements of subsections (3) and (4) of this section and (ii) the special excise tax that the municipality would otherwise have been eligible to levy and collect at a tax rate of .815 percent and been able to match with locally generated tax revenues, other than the excise tax imposed under RCW 35.58.273, budgeted for any public transportation purpose. Before this deposit, the sum shall be reduced by an amount equal to the amount distributed under (a) of this subsection for each of the municipalities within the counties to which this subsection (2)((~~(c)~~))(d) applies; however, any transfer under this subsection (2)((~~(c)~~))(d) must be greater than zero; and

((~~(d)~~)) (e) To the transportation fund created in RCW 82.44.180, for revenues distributed after June 30, 1991, a sum equal to the difference between (i) the special excise tax levied and collected under RCW 35.58.273 by those municipalities authorized to levy and collect a special excise tax subject to the requirements of subsections (3) and (4) of this section and (ii) the special excise tax that the municipality would otherwise have been eligible to levy and collect at a tax rate of .815 percent notwithstanding the requirements set forth in subsections (3) through (6) of this section, reduced by an amount equal to distributions made under (a), ((~~(b)~~)) (c), and ((~~(c)~~)) (d) of this subsection.

(3) On the first day of the months of January, April, July, and October of each year, the state treasurer, based upon information provided by the department, shall remit motor vehicle excise tax revenues imposed and collected under RCW 35.58.273 as follows:

(a) The amount required to be remitted by the state treasurer to the treasurer of any municipality levying the tax shall not exceed in any calendar year the amount of locally-generated tax revenues, excluding the excise tax imposed under RCW 35.58.273 for the purposes of this section, which shall have been budgeted by the municipality to be collected in such calendar year for any public transportation purposes including but not limited to operating costs, capital costs, and debt service on general obligation or revenue bonds issued for these purposes; and

(b) In no event may the amount remitted in a single calendar quarter exceed the amount collected on behalf of the municipality under RCW 35.58.273 during the calendar quarter next preceding the immediately preceding quarter.

(4) At the close of each calendar year accounting period, but not later than April 1, each municipality that has received motor vehicle excise taxes under subsection (3) of this section shall transmit to the director of licensing and the state auditor a written report showing by source the previous year's budgeted tax revenues for public transportation purposes as compared to actual collections. Any municipality that has not submitted the report by April 1 shall cease to be eligible to receive motor vehicle excise taxes under subsection (3) of this section until the report is received by the director of licensing. If a municipality has received more or less money under subsection (3) of this section for the period covered by the report than it is entitled to receive by reason of its locally-generated collected tax revenues, the director of licensing shall, during the next ensuing quarter that the municipality is eligible to receive motor vehicle excise tax funds, increase or decrease the amount to be remitted in an amount equal to the difference between the locally-generated budgeted tax revenues and the locally-generated collected tax revenues. In no event may the amount remitted for a calendar year exceed the amount collected on behalf of the municipality under RCW 35.58.273 during that same calendar year. At the time of the next fiscal audit of each municipality, the state auditor shall verify the accuracy of the report submitted and notify the director of licensing of any discrepancies.

(5) The motor vehicle excise taxes imposed under RCW 35.58.273 and required to be remitted under this section shall be remitted without legislative appropriation.

(((6) Any municipality levying and collecting a tax under RCW 35.58.273 which does not have an operating, public transit system or a contract for public transportation services in effect within one year from the initial effective date of the tax shall return to the state treasurer all motor vehicle excise taxes received under subsection (3) of this section.))

NEW SECTION. Sec. 8. A new section is added to chapter 39.12 RCW to read as follows:

The prevailing rate of wage as determined by this chapter shall be paid on all public works projects for the development and construction of rapid rail transportation.

NEW SECTION. Sec. 9. A new section is added to chapter 70.94 RCW to read as follows:

No state agency, metropolitan planning organization, or local government may approve or fund a transportation plan, program, or project unless a determination has been made that the plan, program, or project conforms with the state implementation plan for air quality.

(1) "Conforms with the state implementation plan" means:

(a) Conformity to the state implementation plan's purpose of preventing, eliminating, or reducing the severity and number of current or future violations of the national ambient air quality standards and achieving expeditious attainment of such standards; and

(b) Ensuring that a proposed transportation plan, program, or project will not:

(i) Cause or contribute to any new violation of any standard in any area;

(ii) Increase the frequency or severity of any existing violation of any standard in any area; or

(iii) Delay timely attainment of any standard or any required interim emission reductions or other milestones in any area.

Conformity determination shall be made by the state or local government or metropolitan planning organization administering or developing the plan, program, or project. The determination of conformity shall be based on the most recent estimates and forecasts of current and expected future emissions, and such estimates and forecasts shall be determined from the most recent population, employment, travel, and congestion estimates and forecasts as determined by the metropolitan planning organization or other agency authorized to make such estimates.

(2) Plans and programs conform if:

(a) Expected current and future emissions resulting from implementation of such plans and programs are consistent with baseline emission inventories and forecasts and emission reduction projections and schedules assigned to those plans and programs in the state implementation plan; and

(b) The plans and programs provide for the timely implementation of the transportation provisions in the approved or adopted state implementation plan.

(3) A project conforms if:

(a) It is a control measure from the state implementation plan; or

(b) It comes from a conforming plan and program, and the design and scope of such project has not changed significantly since the plan and program from which the project derived was found to conform.

(c) A project other than one referred to in (a) or (b) of this subsection conforms if it is demonstrated that the project either does not contribute to increased current and future emissions in the nonattainment area, or that offsetting emission reductions for the project are specifically provided for in the transportation plan, program, or are otherwise enforceable through the state implementation plan, before the project is approved.

(d) No later than eighteen months after the effective date of this act, the director of the department of ecology and the secretary of transportation, in consultation with other state, regional, and local agencies as appropriate, shall adopt by rule criteria and guidance for demonstrating and assuring conformity of plans, programs, and projects.

(4) A project with a scope that is limited to preservation or maintenance, or both, shall be exempted from a conformity determination requirement.

(5) The department shall develop emission density formulas and other modelling devices which the department shall make available for use by federal, state, and local agencies and units of government in evaluating the conformity of proposed projects, programs, and plans.

NEW SECTION. Sec. 10. Sections 3 through 6 of this act shall constitute a new chapter in Title 43 RCW.