Z-1408.1          _______________________________________________

 

                                 SENATE BILL 6237

                  _______________________________________________

 

State of Washington              52nd Legislature             1992 Regular Session

 

By Senators Patterson, Vognild and Conner; by request of Governor Gardner

 

Read first time 01/22/92.  Referred to Committee on Transportation.Adopting the 1992 supplemental transportation budget.


     AN ACT Relating to transportation appropriations; amending 1991 sp.s. c 15 s 3 (uncodified), 1991 sp.s. c 15 s 5 (uncodified), 1991 sp.s. c 15 s 7 (uncodified), 1991 sp.s. c 15 s 9 (uncodified), 1991 sp.s. c 15 s 10 (uncodified), 1991 sp.s. c 15 s 11 (uncodified), 1991 sp.s. c 15 s 12 (uncodified), 1991 sp.s. c 15 s 13 (uncodified), 1991 sp.s. c 15 s 18 (uncodified), 1991 sp.s. c 15 s 23 (uncodified), 1991 sp.s. c 15 s 28 (uncodified), 1991 sp.s c 15 s 36 (uncodified), 1991 sp.s. c 15 s 37 (uncodified), 1991 sp.s c 15 s 38 (uncodified), and 1991 sp.s. c 15 s 39 (uncodified); and declaring an emergency.

 

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

 

     Sec. 1.  1991 sp.s. c 15 s 3 (uncodified) is amended to read as follows:

FOR THE TRAFFIC SAFETY COMMISSION

     The sum of $((900,000)) 824,000, 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.

 

     Sec. 2.  1991 sp.s. c 15 s 5 (uncodified) is amended to read as follows:

FOR THE COUNTY ROAD ADMINISTRATION BOARD

Motor Vehicle Fund‑-County Arterial Preservation

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

                                                                         23,732,000

Motor Vehicle Fund‑-Rural Arterial Trust Account‑-

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

Motor Vehicle Fund‑-Private Local Appropriation................ $........... 62,409

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

                                                                          1,241,420

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

                                                                         62,448,829

 

     (1) $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.

     (2) $62,409 of the motor vehicle fund‑-private local appropriation  is provided solely to assist Pierce county in their repayment of a public works trust fund loan to construct a new ferry vessel in accordance with RCW 46.68.100(3)(b).

 

     Sec. 3.  1991 sp.s. c 15 s 7 (uncodified) is amended to read as follows:

FOR THE STATE PATROL‑‑FIELD OPERATIONS BUREAU

Motor Vehicle Fund‑-State Patrol Highway Account‑-

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

                                                                          5,345,000

 

     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)).

 

     Sec. 4.  1991 sp.s. c 15 s 9 (uncodified) is amended to read as follows:

FOR THE STATE PATROL‑‑SUPPORT SERVICES BUREAU

Motor Vehicle  Fund‑‑State Patrol Highway Account‑-

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

Industrial Insurance Premium Refund Account.................... $........... 19,000

             TOTAL APPROPRIATION............................... $....... 52,933,000

 

     Sec. 5.  1991 sp.s. c 15 s 10 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF LICENSING‑‑VEHICLE SERVICES

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

                                                                         47,284,073

General Fund‑-Marine Fuel Tax Refund Account‑-

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

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

                                                                            504,900

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

                                                                         47,813,973

 

     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.

 

     Sec. 6.  1991 sp.s. c 15 s 11 (uncodified) is amended to read as follows:

FOR  THE  DEPARTMENT  OF LICENSING‑‑DRIVER SERVICES

General Fund‑‑Public Safety and Education Account‑-

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

                                                                          3,972,504

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

                                                                         49,562,323

Highway Safety Fund‑‑Motorcycle Safety Education Account‑-

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

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

                                                                         54,418,827

 

     Sec. 7.  1991 sp.s. c 15 s 12 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF LICENSING‑‑MANAGEMENT  OPERATIONS

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

                                                                             47,092

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

                                                                          4,805,377

Highway Safety Fund--Motorcycle

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

                                                                             95,186

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

                                                                          4,432,667

General Fund‑‑Public Safety and Education Account‑-

     State Appropriation....................................... $...... ((418,000))

                                                                            418,819

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

                                                                          9,799,141

 

     Sec. 8.  1991 sp.s. c 15 s 13 (uncodified) is amended to read as  follows:

FOR THE DEPARTMENT  OF  LICENSING‑-INFORMATION  SYSTEMS

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

                                                                             56,112

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

                                                                          3,511,794

Highway Safety Fund--Motorcycle Safety Education

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

                                                                             58,116

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

                                                                          5,971,258

General Fund‑‑Public Safety and Education Account‑-

     State Appropriation....................................... $...... ((252,000))

                                                                            252,504

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

                                                                          9,849,784

 

     ((The appropriation for the licensing application migration project (LAMP) is conditioned upon compliance with the provisions of section 54 of chapter 15, Laws of 1991 sp.s)) The licensing application migration project shall develop an agreement specifying the organization, scope, change, and cost control procedures; a risk assessment and risk mitigation plan; a description of project oversight monitoring and quality assurance procedures; and a work plan.  The agreement shall be approved by the office of financial management, the department of information services, and the department of licensing.  A copy of the agreement shall be provided to the legislative fiscal committees.  Any changes to the project agreement shall only be made by the agreement of all the signatories and any changes shall be provided to the legislative fiscal committees.  Prior to reaching key decision points identified in the work plan of the agreement, a decision point review shall be submitted by the department of licensing to the department of information services and to the office of financial management.  The review shall examine and evaluate the project management, accomplishments, budget, risk management, and other aspects critical to the completion of the projects.  Based upon the review, the office of financial management, in consultation with the department of information services, shall determine if the department of licensing should continue with the project and, if so, will release from this appropriation those funds necessary to complete the next phase of this project.  If major changes in project scope, cost, or risk, as defined in the project agreement are requested, a modification of the project agreement shall be required.  If this change is approved, the department of licensing shall inform the legislative fiscal committees in writing of the change and the reasons for the change.  The department of licensing will provide the department of information services with status reports on a bimonthly basis for the information services board's review and analysis.  If the department of licensing completes the licensing application migration project, it shall prepare a post-implementation review report in the format established by the department of information services.

 

     Sec. 9.  1991 sp.s. c 15 s 18 (uncodified) is amended to read as follows:

FOR THE AIR TRANSPORTATION COMMISSION

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

                                                                            968,000

 

     Sec. 10.  1991 sp.s. c 15 s 23 (uncodified) is amended to read as follows:

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))

                                                                        427,000,000

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

             TOTAL APPROPRIATION............................... $.. ((457,000,000))

                                                                        477,000,000

 

     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.

 

     Sec. 11.  1991 sp.s. c 15 s 28 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-HIGHWAY MANAGEMENT AND FACILITIES‑‑PROGRAM D

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

                                                                         41,799,000

Motor Vehicle Fund‑-Transportation Capital Facilities

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

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

                                                                         74,948,000

 

     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)) $297,000 of the motor vehicle fund‑-state appropriation is to be expended solely for management and operational costs for the office of urban mobility.

 

     Sec. 12.  1991 sp.s. c 15 s 36 (uncodified) is amended to read as follows:

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))

                                                                         18,457,000

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

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

                                                                         56,910,000

 

     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.  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.

     (6) $627,000 of the motor vehicle fund‑-state appropriation is to be expended solely for management and operational costs for the office of urban mobility.

 

     Sec. 13.  1991 sp.s. c 15 s 37 (uncodified) is amended to read as follows:

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)).

 

     Sec. 14.  1991 sp.s. c 15 s 38 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-MARINE CONSTRUCTION‑-PROGRAM W

Motor Vehicle  Fund‑-Puget Sound Capital Construction

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

                                                                        117,324,000

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))

                                                                        135,761,000

 

     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, and $10,000,000 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.

 

     Sec. 15.  1991 sp.s. c 15 s 39 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-MARINE‑-PROGRAM X

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

                                                                        205,754,039

 

     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. 16.  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.