CERTIFICATION OF ENROLLMENT

 

                   ENGROSSED SENATE BILL 5801

 

 

                               

 

 

 

                        52nd Legislature

                      1991 Regular Session

 

 


Passed by the Senate April 23, 1991

  Yeas 42   Nays 1

 

 

                                    

President of the Senate

 

Passed by the House April 10, 1991

  Yeas 91   Nays 2

 

 

                                   

Speaker of the

       House of Representatives

 

 

Approved

 

 

 

 

 

 

 

                                   

Governor of the State of Washington


       CERTIFICATE

 

I, Gordon Golob, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SENATE BILL 5801 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

                                      Secretary

 

 

 

                                     FILED         

 

 

 

                                         

 

 

 

                        Secretary of State   

                       State of Washington  




 


                  _______________________________________________

 

                            ENGROSSED SENATE BILL 5801

 

                              AS AMENDED BY THE HOUSE

                  _______________________________________________

 

                     Passed Legislature - 1991 Regular Session

 

 

State of Washington              52nd Legislature             1991 Regular Session

 

By Senators Patterson and Vognild.

 

Read first time February 21, 1991.  Referred to Committee on TransportationRevising state highway routes.


     AN ACT Relating to state highway routes; amending RCW 47.17.115, 47.17.170, 47.17.225, 47.17.255, 47.17.305, 47.17.330, 47.17.370, 47.17.375, 47.17.410, 47.17.460, 47.17.517, 47.17.550, 47.17.615, 47.17.625, 47.17.630, 47.17.650, 47.17.660, 47.17.680, 47.17.695, 47.17.730, 47.17.752, 47.17.755, 47.17.824, 47.17.825, 42.17.830, 42.17.835, 47.17.855, 47.24.020, 47.39.020, 46.68.090, 82.36.025, 46.68.110, and 46.68.120; adding new sections to chapter 47.17 RCW; adding new sections to chapter 47.26 RCW; creating new sections; repealing RCW 47.17.245, 47.17.270, 47.17.415, 47.17.420, 47.17.450, 47.17.453, 47.17.555, 47.17.590, 47.17.600, 47.17.620, 47.17.700, and 47.17.810; making appropriations; providing effective dates; and declaring an emergency.

 

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

 

     NEW SECTION.  Sec. 1.      A state highway to be known as state route number 19 is established as follows:

     Beginning at a junction with state route number 104, thence northerly to a junction with state route number 20 near Old Fort Townsend state park.

 

     Sec. 2.  RCW 47.17.115 and 1979 ex.s. c 195 s 1 are each amended to read as follows:

     A state highway to be known as state route number 27 is established as follows:

     Beginning at a junction with state route number 195 in the vicinity of Pullman, thence northerly to a junction with state route number 271 in the vicinity of Oakesdale; also

     From a junction with state route number 271 at Oakesdale, thence ((in a)) northerly ((direction)) by way of Tekoa, Latah, Fairfield, and Rockford to a junction with state route number ((90)) 290 in the vicinity of ((Opportunity)) Millwood.

 

     NEW SECTION.  Sec. 3.      A state highway to be known as state route number 96 is established as follows:

     Beginning at a junction with state route number 5 in the vicinity south of Everett, thence easterly to a junction with state route number 9 in the vicinity of Ree's Corner.

 

     NEW SECTION.  Sec. 4.      A state highway to be known as state route number 100 is established as follows:

     Beginning at a junction with state route number 101 in Ilwaco, thence westerly and southerly to Fort Canby state park; also

     Beginning at a junction with state route number 100 in Ilwaco, thence southerly to Fort Canby state park.

 

     Sec. 5.  RCW 47.17.170 and 1970 ex.s. c 51 s 35 are each amended to read as follows:

     A state highway to be known as state route number 103 is established as follows:

     Beginning at a junction with state route number 101 at Seaview, thence northerly by ((the most feasible route by)) way of Long Beach to ((Ocean Park)) Leadbetter Point state park.

 

     NEW SECTION.  Sec. 6.      A state highway to be known as state route number 110 is established as follows:

     Beginning at a junction with state route number 101 in the vicinity north of Forks, thence westerly to the Olympic national park boundary in the vicinity of La Push; also

     Beginning at a junction with state route number 110 near the Quillayute river, thence westerly to the Olympic national park boundary in the vicinity of Moro.

 

     NEW SECTION.  Sec. 7.      A state highway to be known as state route number 113 is established as follows:

     Beginning at a junction with state route number 101 in the vicinity of Sappho, thence northerly to a junction with state route number 112 in the vicinity of the Pysht River.

 

     NEW SECTION.  Sec. 8.      A state highway to be known as state route number 116 is established as follows:

     Beginning at a junction with state route number 19 in the vicinity of Irondale, thence easterly and northerly to Fort Flagler state park.

 

     NEW SECTION.  Sec. 9.      A state highway to be known as state route number 117 is established as follows:

     Beginning at a junction with state route number 101 in Port Angeles, thence northerly to the port of Port Angeles at Marine Drive.

 

     NEW SECTION.  Sec. 10.     A state highway to be known as state route number 119 is established as follows:

     Beginning at a junction with state route number 101 near Hoodsport, thence northwesterly to the Mount Rose development intersection.

 

     Sec. 11.  RCW 47.17.225 and 1970 ex.s. c 51 s 46 are each amended to read as follows:

     A state highway to be known as state route number 121 is established as follows:

     Beginning at a junction with state route number ((12)) 5 in the vicinity of ((Rochester)) Maytown, thence easterly ((and northeasterly)), northerly, and westerly by way of Millersylvania state park to a junction with state route number 5 ((in the vicinity of Maytown)) south of Tumwater.

 

     NEW SECTION.  Sec. 12.     A state highway to be known as state route number 122 is established as follows:

     Beginning at a junction with state route number 12 near Mayfield dam, thence northeasterly and southerly by way of Mayfield to a junction with state route number 12 in Mossyrock.

 

     Sec. 13.  RCW 47.17.255 and 1990 c 108 s 1 are each amended to read as follows:

     A state highway to be known as state route number 128 is established as follows:

     Beginning at a junction with state route number 12 ((at Pomeroy, thence southeasterly to Peola)) in Clarkston, thence northeasterly and easterly by way of the Red Wolf crossing to the Idaho state line.

 

     NEW SECTION.  Sec. 14.     A state highway to be known as state route number 131 is established as follows:

     Beginning at the Gifford Pinchot national forest boundary south of Randle, thence northerly to a junction with state route number 12 in Randle.

 

     Sec. 15.  RCW 47.17.305 and 1970 ex.s. c 51 s 62 are each amended to read as follows:

     A state highway to be known as state route number 160 is established as follows:

     Beginning at a junction with state route number 16 ((in the vicinity west of)) near Port Orchard, thence ((northeasterly by way of Port Orchard)) easterly to ((Harper and)) the Washington state ferry dock at Point Southworth.

 

     NEW SECTION.  Sec. 16.     A state highway to be known as state route number 163 is established as follows:

     Beginning at a junction with state route number 16 in Tacoma, thence northerly to the Point Defiance ferry terminal.

 

     Sec. 17.  RCW 47.17.330 and 1979 ex.s. c 33 s 8 are each amended to read as follows:

     A state highway to be known as state route number 167 is established as follows:

     Beginning at a junction with state route number 5 in the vicinity of Tacoma, thence easterly by way of the vicinity of Puyallup and Sumner, thence northerly by way of the vicinity of Auburn((,)) and Kent((, Renton, and Bryn Mawr)) to a junction with state route number 900 ((at Seattle)) in the vicinity of Renton.

 

     Sec. 18.  RCW 47.17.370 and 1979 ex.s. c 192 s 4 are each amended to read as follows:

     A state highway to be known as state route number 181 is established as follows:

     Beginning at a junction with state route number ((18)) 516 in the vicinity ((west of Auburn)) of Kent, thence northerly to a junction with state route number 405 in the vicinity of Tukwila.

 

     Sec. 19.  RCW 47.17.375 and 1990 c 108 s 2 are each amended to read as follows:

     A state highway to be known as state route number 193 is established as follows:

     Beginning at a junction with state route number 128 in the vicinity of the Red Wolf crossing, thence westerly ((and northerly by way of Steptoe canyon to a junction of state route number 195 in the vicinity of Colton.  Until such time as state route number 193 between Colton and Clarkston is actually constructed on the location adopted by the department, no existing county roads may be maintained or improved by the department as a temporary route of state route number 193)) to the port of Wilma.

 

     NEW SECTION.  Sec. 20.     A state highway to be known as state route number 194 is established as follows:

     Beginning at the port of Almota, thence northerly and easterly to a junction with state route number 195 in the vicinity of Pullman.

 

     Sec. 21.  RCW 47.17.410 and 1970 ex.s. c 51 s 83 are each amended to read as follows:

     A state highway to be known as state route number 207 is established as follows:

     Beginning at a junction with state route number 2 in the vicinity north of Winton, thence northerly to ((a junction with state route number 209 at Lake Wenatchee; also

     From that junction with state route number 209 at Lake Wenatchee, thence northwesterly by the most feasible route on the north side of)) Lake Wenatchee ((to Telma)) state park.

 

     NEW SECTION.  Sec. 22.     A state highway to be known as state route number 225 is established as follows:

     Beginning at a junction with state route number 224 in Kiona, thence northeasterly by way of Benton City to a junction with state route number 240 near Horn Rapids dam.

 

     Sec. 23.  RCW 47.17.460 and 1987 c 199 s 20 are each amended to read as follows:

     A state highway to be known as state route number 241 is established as follows:

     Beginning at a junction with state route number ((82 east of)) 22 in Mabton, thence northerly and northeasterly by way of Sunnyside((, thence northeasterly)) to a junction with state route number 24.

 

     NEW SECTION.  Sec. 24.     A state highway to be known as state route number 262 is established as follows:

     Beginning at a junction with state route number 26 east of Royal City, thence northerly and easterly to a junction with state route number 17 west of Warden.

 

     NEW SECTION.  Sec. 25.     A state highway to be known as state route number 263 is established as follows:

     Beginning at the port of Windust, thence easterly and northerly to a junction with state route number 260 in Kahlotus.

 

     NEW SECTION.  Sec. 26.     A state highway to be known as state route number 278 is established as follows:

     Beginning at a junction with state route number 27 in Rockford, thence easterly and southerly to the Washington-Idaho boundary.

 

     Sec. 27.  RCW 47.17.517 and 1977 ex.s. c 224 s 1 are each amended to read as follows:

     A state highway to be known as state route number 285 is established as follows:

     Beginning at a junction with state route number 28 in ((the)) East Wenatchee ((vicinity)), thence westerly across the Columbia river ((to the west pavement seat of the Columbia River bridge at milepost number 123.45)) and northwesterly to a junction with state route number 2 in Wenatchee.

 

     Sec. 28.  RCW 47.17.550 and 1971 ex.s. c 73 s 14 are each amended to read as follows:

     A state highway to be known as state route number 303 is established as follows:

     ((Beginning at a junction with state route number 304 at Bremerton, thence northerly by way of the Manette bridge, across the Port Washington Narrows to a junction with state route number 308 in the vicinity west of Keyport; also))

     Beginning at a junction with state route number 304 at Bremerton, thence by way of the Warren Avenue bridge across the Port Washington Narrows northerly to a junction with state route number ((303, all within Bremerton)) 3 in the vicinity north of Silverdale.

 

     NEW SECTION.  Sec. 29.     A state highway to be known as state route number 307 is established as follows:

     Beginning at a junction with state route number 305 at Poulsbo, thence northeasterly to a junction with state route number 104 near Miller Lake.

 

     NEW SECTION.  Sec. 30.     A state highway to be known as state route number 310 is established as follows:

     Beginning at a junction with state route number 3 near Oyster Bay, thence easterly to a junction with state route number 304 in Bremerton.

 

     NEW SECTION.  Sec. 31.     A state highway to be known as state route number 397 is established as follows:

     Beginning at Game Farm Road in the vicinity of Finely, thence northwesterly and northerly across the Columbia River, thence easterly and northerly to a junction with state route number 395 in Pasco.

 

     Sec. 32.  RCW 47.17.615 and 1970 ex.s. c 51 s 124 are each amended to read as follows:

     A state highway to be known as state route number 411 is established as follows:

     Beginning at a junction with state route number ((4 in West Kelso)) 432 in Longview, thence northerly to a junction with state route number ((506 in the vicinity of Vader)) 5 at Castle Rock.

 

     Sec. 33.  RCW 47.17.625 and 1970 ex.s. c 51 s 126 are each amended to read as follows:

     A state highway to be known as state route number 432 is established as follows:

     Beginning at a junction with state route number 4 ((at)) in the vicinity west of Longview, thence southeasterly ((by the most feasible route)) to a junction with state route number 5 south of Kelso.

 

     Sec. 34.  RCW 47.17.630 and 1987 c 199 s 25 are each amended to read as follows:

     A state highway to be known as state route number 433 is established as follows:

     Beginning at the Washington-Oregon boundary on the interstate bridge at Longview, thence northerly to a junction with state route number 432 in Longview.

 

     Sec. 35.  RCW 47.17.650 and 1975 c 63 s 6 are each amended to read as follows:

     A state highway to be known as state route number 503 is established as follows:

     Beginning at a junction with state route number 500 at Orchards, thence northerly to a junction with state route number 502 at Battle Ground, thence northerly to Amboy, thence northeasterly by way of Cougar to the Cowlitz-Skamania county line; also

     Beginning at a junction with state route number 503 in the vicinity of Yale, thence westerly to a junction with state route number 5 in the vicinity of Woodland.

 

     Sec. 36.  RCW 47.17.660 and 1970 ex.s. c 51 s 133 are each amended to read as follows:

     A state highway to be known as state route number 505 is established as follows:

     Beginning ((at a junction with state route number 5 west of Toledo)) in Winlock, thence via Toledo, easterly and southerly to a junction with state route number 504 in the vicinity north of Toutle.

 

     Sec. 37.  RCW 47.17.680 and 1979 ex.s. c 33 s 14 are each amended to read as follows:

     A state highway to be known as state route number 509 is established as follows:

     Beginning at a junction with state route number 705 at Tacoma, thence northeasterly to a junction with state route number 99 in the vicinity of Redondo; also

     From a junction with state route number ((99 northeast of Redondo)) 516 at Des Moines, thence northerly ((via Des Moines)) to a junction with state route number 99 in Seattle((: PROVIDED, That until state route number 705 is constructed and open to traffic on an anticipated new alignment, that portion of existing state route number 509 in Tacoma from state route number 5 northerly to the central business district shall remain on the state highway system)).

 

     Sec. 38.  RCW 47.17.695 and 1971 ex.s. c 73 s 16 are each amended to read as follows:

     A state highway to be known as state route number 513 is established as follows:

     Beginning at a junction with state route number 520 in Seattle, thence northerly and easterly to the vicinity of Sand Point((, thence northwesterly to a junction with state route number 5 in the vicinity north of Seattle)).

 

     NEW SECTION.  Sec. 39.     A state highway to be known as state route number 519 is established as follows:

     Beginning at a junction with state route number 90 in Seattle, thence westerly, and northerly to the Washington state ferry terminal.

 

     NEW SECTION.  Sec. 40.     A state highway to be known as state route number 523 is established as follows:

     Beginning at a junction with state route number 99 and Northeast 145th Street in Seattle, thence easterly to a junction with state route number 522.

 

     Sec. 41.  RCW 47.17.730 and 1984 c 7 s 137 are each amended to read as follows:

     A state highway to be known as state route number 524 is established as follows:

     Beginning at a junction with state route number 104 at Edmonds, thence northeasterly to a junction with state route number 5 in the vicinity of Lynnwood, thence easterly to a junction with state route number ((527.  Until such times as state route number 524 east of Lynnwood is actually constructed on the location adopted by the department, no existing county roads may be maintained or improved by the department as a temporary route of state route number 524)) 522 near Maltby.

 

     Sec. 42.  RCW 47.17.752 and 1971 ex.s. c 73 s 19 are each amended to read as follows:

     A state highway to be known as state route number 529 is established as follows:

     Beginning at a junction with state route number 5 in Everett, thence westerly and northerly through Everett to a junction with state route number 528 in Marysville.

 

     Sec. 43.  RCW 47.17.755 and 1983 c 131 s 1 are each amended to read as follows:

     A state highway to be known as state route number 530 is established as follows:

     Beginning at a junction with state route number 5 ((at Conway, thence southerly by way of Stanwood, thence southeasterly to a junction with state route number 5, thence easterly to a junction with state route number 9 at)) in the vicinity west of Arlington, thence easterly ((to)) and northerly by way of Darrington((, thence northerly)) to a junction with state route number 20 ((at)) in the vicinity of Rockport.

 

     NEW SECTION.  Sec. 44.     A state highway to be known as state route number 531 is established as follows:

     Beginning at Wenberg state park, thence northerly and easterly to a junction with state route number 9 in the vicinity north of Marysville.

 

     NEW SECTION.  Sec. 45.     A state highway to be known as state route number 548 is established as follows:

     Beginning at a junction with state route number 5 in the vicinity north of Ferndale, thence westerly and northerly to a junction with state route number 5 in Blaine.

 

     Sec. 46.  RCW 47.17.824 and 1984 c 197 s 3 are each amended to read as follows:

     A state highway to be known as state route number 823 is established as follows:

     Beginning at the junction of state route number 82 ((at the Selah interchange, thence northerly to a junction with Fasset Avenue)) in the vicinity of Selah northerly by way of Selah and easterly to a junction with state route number 821 in the vicinity of the firing center interchange.

     Before award of any construction contract for improvements to state route number 823 under either program A or program C, the department of transportation shall secure a portion of the construction cost from the city of Selah or Yakima county, or both.

 

     Sec. 47.  RCW 47.17.825 and 1979 ex.s. c 33 s 16 are each amended to read as follows:

     A state highway to be known as state route number 900 is established as follows:

     Beginning at a junction with state route number ((99)) 5 in Seattle near the Duwamish River, thence ((easterly and)) southerly by way of Renton to a junction with state route number 90 in the vicinity of Issaquah.

 

     Sec. 48.  RCW 47.17.830 and 1971 ex.s. c 73 s 24 are each amended to read as follows:

     A state highway to be known as state route number 901 is established as follows:

     Beginning at a junction with state route number 90 in the vicinity west of Issaquah, thence northerly to the ((west)) east of Lake Sammamish to a junction with state route number ((908)) 202 in the vicinity of Redmond.

 

     Sec. 49.  RCW 47.17.835 and 1970 ex.s. c 51 s 168 are each amended to read as follows:

 

 

     A state highway to be known as state route number 902 is established as follows:

     Beginning ((in the vicinity of the state custodial school, thence northerly to)) at a junction with state route number 90, thence northwesterly, northerly, northeasterly, and easterly, via the town of Medical Lake, ((thence northeasterly and easterly)) to a junction with state route number 90 at a point approximately three miles northeast of Four Lakes.

 

     Sec. 50.  RCW 47.17.855 and 1971 ex.s. c 73 s 27 are each amended to read as follows:

     A state highway to be known as state route number 908 is established as follows:

     Beginning at a junction with state route number ((520, Evergreen Point bridge route, in the vicinity of Northrup Road, thence northerly and easterly in the vicinity of)) 405 in Kirkland, thence easterly to a junction with state route number 202 in the vicinity of Redmond.

 

     NEW SECTION.  Sec. 51.     A state highway to be known as state route number 971 is established as follows:

     Beginning at a junction with state route number 97-alternate in the vicinity of Winesap, thence northerly to Lake Chelan state park, thence southeasterly to a junction with state route number 97-alternate west of Chelan.

 

     Sec. 52.  RCW 47.24.020 and 1987 c 68 s 1 are each amended to read as follows:

     The jurisdiction, control, and duty of the state and city or town with respect to such streets shall be as follows:

     (1) The department has no authority to change or establish any grade of any such street without approval of the governing body of such city or town, except with respect to limited access facilities established by the commission;

     (2) The city or town shall exercise full responsibility for and control over any such street beyond the curbs and if no curb is installed, beyond that portion of the highway used for highway purposes.  However, within incorporated cities and towns the title to a state limited access highway vests in the state, and, notwithstanding any other provision of this section, the department shall exercise full jurisdiction, responsibility, and control to and over such facility as provided in chapter 47.52 RCW;

     (3) The department has authority to prohibit the suspension of signs, banners, or decorations above the portion of such street between the curbs or portion used for highway purposes up to a vertical height of twenty feet above the surface of the roadway;

     (4) The city or town shall at its own expense maintain all underground facilities in such streets, and has the right to construct such additional underground facilities as may be necessary in such streets;

     (5) The city or town has the right to grant the privilege to open the surface of any such street, but all damage occasioned thereby shall promptly be repaired either by the city or town itself or at its direction;

     (6) The city or town at its own expense shall provide street illumination and shall clean all such streets, including storm sewer inlets and catch basins, and remove all snow, except that the state shall when necessary plow the snow on the roadway.  In cities and towns having a population of fifteen thousand or less according to the latest determination of population by the office of financial management, the state, when necessary for public safety, shall assume, at its expense, responsibility for the stability of the slopes of cuts and fills and the embankments within the right of way to protect the roadway itself.  When the population of a city or town reaches fifteen thousand after January 1, 1990, the state shall retain the responsibility for the stability of slopes of cuts and fills and the embankments within the right of way to protect the road itself until the legislature acts upon the findings of the task force created in section 53 of this act or until June 30, 1993, whichever occurs first.  The state shall install, maintain, and operate all illuminating facilities on any limited access facility, together with its interchanges, located within the corporate limits of any city or town, and shall assume and pay the costs of all such installation, maintenance, and operation incurred after November 1, 1954;

     (7) The department has the right to use all storm sewers on such highways without cost; and if new storm sewer facilities are necessary in construction of new streets by the department, the cost of the facilities shall be borne by the state and/or city as may be mutually agreed upon between the department and the governing body of the city or town;

     (8) Cities and towns have exclusive right to grant franchises not in conflict with state laws, over, beneath, and upon such streets, but the department is authorized to enforce in an action brought in the name of the state any condition of any franchise which a city or town has granted on such street. No franchise for transportation of passengers in motor vehicles may be granted on such streets without the approval of the department, but the department shall not refuse to approve such franchise unless another street conveniently located and of strength of construction to sustain travel of such vehicles is accessible;

     (9) Every franchise or permit granted any person by a city or town for use of any portion of such street by a public utility shall require the grantee or permittee to restore, repair, and replace to its original condition any portion of the street damaged or injured by it;

     (10) The city or town has the right to issue overload or overwidth permits for vehicles to operate on such streets or roads subject to regulations printed and distributed to the cities and towns by the department;

     (11) Cities and towns shall regulate and enforce all traffic and parking restrictions on such streets, but all regulations adopted by a city or town relating to speed, parking, and traffic control devices on such streets not identical to state law relating thereto are subject to the approval of the department before becoming effective.  All regulations pertaining to speed, parking, and traffic control devices relating to such streets heretofore adopted by a city or town not identical with state laws shall become null and void unless approved by the department heretofore or within one year after March 21, 1963;

     (12) The department shall erect, control, and maintain at state expense all route markers and directional signs, except street signs, on such streets;

     (13) The department shall install, operate, maintain, and control at state expense all traffic control signals, signs, and traffic control devices for the purpose of regulating both pedestrian and motor vehicular traffic on, entering upon, or leaving state highways in cities and towns having a population of fifteen thousand or less according to the latest determination of population by the office of financial management.  Such cities and towns may submit to the department a plan for traffic control signals, signs, and traffic control devices desired by them, indicating the location, nature of installation, or type thereof, or a proposed amendment to such an existing plan or installation, and the department shall consult with the cities or towns concerning the plan before installing such signals, signs, or devices.  Cities and towns having a population in excess of fifteen thousand according to the latest determination of population by the office of financial management shall install, maintain, operate, and control such signals, signs, and devices at their own expense, subject to approval of the department for the installation and type only.  When the population of a city or town reaches fifteen thousand after January 1, 1990, the state shall retain the responsibility for installing, operating, maintaining, and controlling such signals, signs, and devices until the legislature acts upon the findings of the task force created in section 53 of this act or until June 30, 1993, whichever occurs first.  For the purpose of this subsection, striping, lane marking, and channelization are considered traffic control devices;

     (14) All revenue from parking meters placed on such streets belongs to the city or town;

     (15) Rights of way for such streets shall be acquired by either the city or town or by the state as shall be mutually agreed upon. Costs of acquiring rights of way may be at the sole expense of the state or at the expense of the city or town or at the expense of the state and the city or town as may be mutually agreed upon.  Title to all such rights of way so acquired shall vest in the city or town:  PROVIDED, That no vacation, sale, rental, or any other nontransportation use of any unused portion of any such street may be made by the city or town without the prior written approval of the department; and all revenue derived from sale, vacation, rental, or any nontransportation use of such rights of way shall be shared by the city or town and the state in the same proportion as the purchase costs were shared;

     (16) If any city or town fails to perform any of its obligations as set forth in this section or in any cooperative agreement entered into with the department for the maintenance of a city or town street forming part of the route of a state highway, the department may notify the mayor of the city or town to perform the necessary maintenance within thirty days.  If the city or town within the thirty days fails to perform the maintenance or fails to authorize the department to perform the maintenance as provided by RCW 47.24.050, the department may perform the maintenance, the cost of which is to be deducted from any sums in the motor vehicle fund credited or to be credited to the city or town.

 

     NEW SECTION.  Sec. 53.     (1) A task force is created to examine the population threshold at which cities and towns must assume additional responsibility for their streets that are part of the state highway system.

     (2) The task force shall consist of eight members:  (a) Four representatives from the department of transportation, with the assistant secretary for local programs acting as chair; (b) one representative from the association of Washington cities; (c) three city representatives selected by the association of Washington cities.

     (3) The task force's study shall included, but is not limited to:

     (a) Identifying the population threshold at which cities and towns must assume responsibility for the stability of slopes of cuts and fills, the embankments within the right of way, and traffic signals and other control devices on their streets that are part of the state highway system.  The task force shall also determine whether the transfer of responsibilities will be incremental or total.

     (b) Assessing a city's ability, including its staffing and technical capabilities, to assume responsibility for maintaining traffic signals and other control devices on their streets that are part of the state highway system.

     (4) The task force must submit its findings and recommendations to the legislative transportation committee by July 1, 1992.

 

     Sec. 54.  RCW 47.39.020 and 1990 c 240 s 3 are each amended to read as follows:

     The following portions of highways are designated as part of the scenic and recreational highway system:

     (1) State route number 2, beginning at the crossing of Woods creek at the east city limits of Monroe, thence in an easterly direction by way of Stevens pass to a junction with state route number 97 in the vicinity of Peshastin;

     (2) State route number 3, beginning at a junction with state route number 106 in the vicinity of Belfair, thence in a northeasterly direction to a junction with Arsenal Way south of Bremerton; also

     Beginning at a junction of Erlands Point Road north of Bremerton thence northeasterly to a junction with state route number 104 in the vicinity of Port Gamble;

     (3) State route number 8, beginning at a junction with state route number 12 in the vicinity of Elma, thence easterly to a junction with state route number 101 near Tumwater;

     (4) State route number 10, beginning at Teanaway junction, thence easterly to a junction with state route number 97 west of Ellensburg;

     (5) State route number 12, beginning at a junction with a county road approximately 2.8 miles west of the crossing of the Wynooche river which is approximately 1.2 miles west of Montesano, thence in an easterly direction to a junction with state route number 8 in the vicinity of Elma; also

     Beginning at the Burlington Northern Railroad bridge approximately 3.4 miles west of Dixie, thence in a northerly and easterly direction by way of Dayton, Dodge, and Pomeroy to a junction with a county road approximately 2.4 miles west of a junction with state route number 129 at Clarkston;

     (6) State route number 14, beginning at the crossing of Gibbons creek approximately 0.9 miles east of Washougal, thence in an easterly direction by way of Stevenson to a westerly junction with state route number 97 in the vicinity of Maryhill; also

     Beginning at the easterly junction with state route number 97 in the vicinity of Maryhill, thence easterly along the north bank of the Columbia river to a point in the vicinity of Plymouth;

     (7) State route number 17, beginning at a junction with state route number 395 in the vicinity of Eltopia, thence in a northwesterly direction to the south end of the overcrossing of state route number 90, in the vicinity of Moses Lake; also

     Beginning at a junction with Grape Drive in the vicinity of Moses Lake, thence northwesterly and northerly by way of Soap Lake to a junction with state route number 2 west of Coulee City;

     (8) State route number 20, beginning at the Keystone ferry slip on Whidbey Island, thence easterly and northerly to a junction with Rhododendron road in the vicinity east of Coupeville; also

     Beginning at a junction with Sherman road in the vicinity west of Coupeville, generally northerly to a junction with Miller road in the vicinity southwest of Oak Harbor; also

     Beginning at a junction with Torpedo road in the vicinity northeast of Oak Harbor, thence northerly by way of Deception Pass to a junction with state route number 20 north in the vicinity southeast of Anacortes; also

     Beginning at the crossing of Hanson creek approximately 6.0 miles west of Lyman, thence easterly by way of Concrete, Marblemount, Diablo Dam, and Twisp to a junction with state route number 153 southeast of Twisp; also

     Beginning at a junction with state route number 21 approximately three miles east of Republic, thence in an easterly direction to a junction with state route number 395 at the west end of the crossing over the Columbia river at Kettle Falls; also

     Beginning at a junction with a county road 2.76 miles east of the junction with state route number 395 in Colville, thence in a northeasterly direction to a junction with state route number 31 at Tiger; thence in a southerly direction to a junction with state route number 2 at Newport;

     (9) State route number 21, beginning at the Keller ferry slip on the north side of Roosevelt lake, thence in a northerly direction to the crossing of Granite creek approximately fifty-four miles north of the Keller ferry;

     (10) State route number 90, beginning at the CMSTPP railroad overcrossing approximately 2.3 miles southeast of North Bend, thence in an easterly direction by way of Snoqualmie pass to the crossing of the Cle Elum river approximately 2.6 miles west of Cle Elum;

     (11) State route number 97, beginning at the crossing of the Columbia river at Biggs Rapids, thence in a northerly direction to the westerly junction with state route number 14 in the vicinity of Maryhill;

     (12) State route number 101, beginning at a junction with state route number 109 in the vicinity of Queets, thence in a northerly, northeasterly, and easterly direction by way of Forks to the west boundary of the Olympic national park in the vicinity of Lake Crescent; also

     Beginning at Sequim Bay state park, thence in a southeasterly and southerly direction to a junction with the Airport road north of Shelton; also

     Beginning at a junction with state route number 3 south of Shelton, thence in a southerly and southeasterly direction to the west end of the Black Lake road overcrossing in the vicinity northeast of Tumwater;

     (13) State route number 104, beginning at a junction with state route number 101 in the vicinity south of Discovery bay, thence in a southeasterly direction to the vicinity of Shine on Hood Canal; also

     Beginning at a junction with state route number 3 east of the Hood Canal crossing, thence northeasterly to Port Gamble;

     (14) State route number 105, beginning at a junction with state route number 101 at Raymond, thence westerly and northerly by way of Tokeland and North Cove to the shore of Grays Harbor north of Westport; also

     Beginning at a junction with state route number 105 in the vicinity south of Westport, thence northeasterly to a junction with state route number 101 at Aberdeen;

     (15) State route number 106, beginning at a junction with state route number 101 in the vicinity of Union, thence northeasterly to a junction with state route number 3 in the vicinity of Belfair;

     (16) State route number 109, beginning at a junction with a county road approximately 3.0 miles northwest of the junction with state route number 101 in Hoquiam, thence in a northwesterly direction by way of Ocean City, Copalis, Pacific Beach, and Moclips to a junction with state route number 101 in the vicinity of Queets;

     (17) State route number 112, beginning at the easterly boundary of the Makah Indian reservation, thence in an easterly direction to the vicinity of Laird's corner on state route number 101;

     (18) ((State route number 126, beginning at a junction with state route number 12 in the vicinity of Dayton, thence in a northeasterly direction to a junction with state route number 12 in the vicinity west of Pomeroy;

     (19))) State route number 153, beginning at a junction with state route number 97 in the vicinity of Pateros, thence in a northerly direction to a junction with state route number 20 in the vicinity south of Twisp;

     (((20))) (19) State route number 155, beginning at a junction with state route number 2 in the vicinity north of Coulee City, thence in a northeasterly direction to the boundary of the federal reservation at the Grand Coulee dam; also

     Beginning at a junction with a county road 2.07 miles north of the junction with 12th street in Elmer City, thence in a northwesterly direction to the west end of the crossing of Omak creek east of Omak;

     (((21))) (20) State route number 206, Mt. Spokane Park Drive, beginning at a junction with state route number 2 near the north line of section 3, township 26 N, range 43 E, thence northeasterly to a point in section 28, township 28 N, range 45 E at the entrance to Mt. Spokane state park;

     (((22))) (21) State route number 395, beginning at a point approximately 2.6 miles north of Pasco thence in a northerly direction to a junction with state route number 17 in the vicinity of Eltopia; also

     Beginning at the north end of the crossing of Mill creek in the vicinity of Colville, thence in a northwesterly direction to a junction with state route number 20 at the west end of the crossing over the Columbia river at Kettle Falls;

     (((23))) (22) State route number 401, beginning at a junction with state route number 101 at Point Ellice, thence easterly and northerly to a junction with state route number 4 in the vicinity north of Naselle;

     (((24))) (23) State route number 504, beginning at a junction with state route number 5 in the vicinity north of Castle Rock, thence in an easterly direction by way of St. Helens and Spirit lake to Mt. St. Helens;

     (((25))) (24) State route number 525, beginning at a junction with Maxwellton road in the southern portion of Whidbey Island, thence northwesterly to a junction with state route number 20 east of the Keystone ferry slip;

     (((26))) (25) State route number 542, beginning at the Nugent crossing over the Nooksack river approximately 7.7 miles northeast of Bellingham, thence easterly to the vicinity of Austin pass in Whatcom county;

     (((27))) (26) State route number 821, beginning at a junction with state route number 82 at the Yakima firing center interchange, thence in a northerly direction to a junction with state route number 82 at the Thrall road interchange;

     (((28))) (27) State route number 901, beginning at a junction with state route number 90 in the vicinity west of Issaquah, thence northerly to the ((west)) east of Lake Sammamish to a junction with state route number ((908)) 202 in the vicinity of Redmond.  ((If the description of state route number 901 is changed after June 7, 1990, the revised route shall retain its status as part of the scenic and recreational highway system.))

 

     NEW SECTION.  Sec. 55.     Although not part of the state highway system, the bridges designated in this section shall remain the continuing responsibility of the Washington state department of transportation.  Continuing responsibility includes all structural maintenance, repair, and replacement of the substructure, superstructure, and roadway deck.  Local agencies are responsible for snow and ice control, sweeping, striping, lane marking, and channelization.

                                     State of Washington Inventory of

Facility                             Bridges and Structures (SWIBS) Number

S. Fork Skykomish River Bridge             WN-002000487032

Manette Bridge                                   WN-303250032700

Grays River Bridge (Rosburg)               WN-403000064300

Elochoman Bridge                           WN-407000023300

 

     Sec. 56.  RCW 46.68.090 and 1990 c 42 s 102 are each amended to read as follows:

     (1) All moneys that have accrued or may accrue to the motor vehicle fund from the motor vehicle fuel tax and special fuel tax shall be first expended for the following purposes:

     (a) For payment of refunds of motor vehicle fuel tax and special fuel tax that has been paid and is refundable as provided by law;

     (b) For payment of amounts to be expended pursuant to appropriations for the administrative expenses of the offices of state treasurer, state auditor, and the department of licensing of the state of Washington in the administration of the motor vehicle fuel tax and the special fuel tax, which sums shall be distributed monthly;

     (c) From April 1, 1992, through March 31, 1996, for distribution to the transfer relief account, hereby created in the motor vehicle fund, an amount not to exceed three hundred twenty-five one-thousandths of one percent;

     (d) For distribution to the rural arterial trust account in the motor vehicle fund, an amount as provided in RCW 82.36.025(2) and 46.68.095(3);

     (((d))) (e) For distribution to the urban arterial trust account in the motor vehicle fund, an amount as provided in RCW 82.36.025(3);

     (((e))) (f) For distribution to the transportation improvement  account in the motor vehicle fund, an amount as provided in RCW 46.68.095(1);

     (((f))) (g) For distribution to the special category C account, hereby created in the motor vehicle fund, an amount as provided in RCW 46.68.095(2);

     (((g))) (h) For distribution to the county arterial preservation account, hereby created in the motor vehicle fund, an amount as provided in RCW 46.68.095(4);

     (((h))) (i) For distribution to the motor vehicle fund to be allocated to cities and towns as provided in RCW 46.68.110, an amount as provided in RCW 46.68.095(5);

     (((i))) (j) For distribution to the motor vehicle fund to be allocated to counties as provided in RCW 46.68.120, an amount as provided in RCW 46.68.095(6);

     (((j))) (k) For expenditure for highway purposes of the state as defined in RCW 46.68.130, an amount as provided in RCW 82.36.025(4) and 46.68.095(7).

     (2) The amount accruing to the motor vehicle fund by virtue of the motor vehicle fuel tax and the special fuel tax and remaining after payments, distributions, and expenditures as provided in this section shall, for the purposes of this chapter, be referred to as the "net tax amount."

 

     Sec. 57.  RCW 82.36.025 and 1990 c 42 s 101 are each amended to read as follows:

     The motor vehicle fuel tax rate shall be computed as the sum of the tax rate provided in subsection (1) of this section and the additional tax rates provided in subsections (2) through (5) of this section.

     (1) A motor vehicle fuel tax rate of seventeen cents per gallon shall apply to the sale, distribution, or use of motor vehicle fuel.

     (2) An additional motor vehicle fuel tax rate of one-third cent per gallon shall apply to the sale, distribution, or use of motor vehicle fuel, and the proceeds from this additional tax rate, reduced by an amount equal to the sum of the payments under RCW 46.68.090 (1) (a) ((and)), (b), and (c) multiplied by the additional tax rate prescribed by this subsection divided by the motor vehicle fuel tax rate provided in this section, shall be deposited in the rural arterial trust account in the motor vehicle fund for expenditures under RCW 36.79.020.

     (3) An additional motor vehicle fuel tax rate of one-third cent per gallon shall apply to the sale, distribution, or use of motor vehicle fuel, and the proceeds from this additional tax rate, reduced by an amount equal to the sum of the payments under RCW 46.68.090 (1) (a) ((and)), (b), and (c) multiplied by the additional tax rate prescribed by this subsection divided by the motor vehicle fuel tax rate provided in this section, shall be deposited in the urban arterial trust account in the motor vehicle fund.

     (4) An additional motor vehicle fuel tax rate of one-third cent per gallon shall be applied to the sale, distribution, or use of motor vehicle fuel, and the proceeds from this additional tax rate, reduced by an amount equal to the sum of the payments under RCW 46.68.090 (1) (a) ((and)), (b), and (c) multiplied by the additional tax rate prescribed by this subsection divided by the motor vehicle fuel tax rate provided in this section, shall be deposited in the motor vehicle fund to be expended for highway purposes of the state as defined in RCW 46.68.130.

     (5) An additional motor vehicle fuel tax rate of four cents per gallon from April 1, 1990, through March 31, 1991, and five cents per gallon from April 1, 1991, applies to the sale, distribution, or use of motor vehicle fuel.  The proceeds from the additional tax rate under this subsection, reduced by an amount equal to the sum of the payments under RCW 46.68.090 (1) (a) ((and)), (b), and (c) multiplied by the additional tax rate prescribed by this subsection divided by the motor fuel tax rate provided in this section, shall be deposited in the motor vehicle fund and shall be distributed by the state treasurer according to RCW 46.68.095.

 

     NEW SECTION.  Sec. 58.     The sum of two million five hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, from the transfer relief account to the department of transportation for the purposes of implementing the road jurisdiction study recommendations for funding assistance related to jurisdictional transfers.

 

     Sec. 59.  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)) From April 1, 1992, two percent of such funds shall be deducted monthly, as such funds accrue, to be deposited in the city hardship assistance account, hereby created in the motor vehicle fund, to implement the city hardship assistance program, as provided in section 60 of this act;

     (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.

 

     NEW SECTION.  Sec. 60.  A new section is added to chapter 47.26 RCW to read as follows:

     The board shall adopt reasonable rules necessary to implement the city hardship assistance program as recommended by the road jurisdiction study.

     The following criteria shall be used to implement the program:

     (1) Only those cities with a net gain in cost responsibility due to jurisdictional transfers in chapter ..., Laws of 1991 (this act), as determined by the board, may participate;

     (2) Cities with populations of fifteen thousand or less, as determined by the office of financial management, may participate;

     (3) The board shall develop criteria and procedures under which eligible cities may request funding for rehabilitation projects on city streets acquired under chapter ..., Laws of 1991 (this act); and

     (4) The board shall also be authorized to allocate funds from the hardship account to cities with a population under twenty thousand to offset extraordinary costs associated with the transfer of roadways other than pursuant to chapter ..., Laws of 1991 (this act), that occur after January 1, 1991.

 

     NEW SECTION.  Sec. 61.     The sum of seven hundred fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, from the city hardship assistance account to the transportation improvement board for the purpose of implementing the city hardship assistance program as provided in section 60 of this act.

 

     NEW SECTION.  Sec. 62.  A new section is added to chapter 47.26 RCW to read as follows:

     The legislature recognizes the need for a multijurisdictional body to review future requests for jurisdictional transfers.  The board is hereby directed, beginning September 1, 1991, to receive petitions from cities, counties, or the state requesting any addition or deletion from the state highway system.  The board is required to utilize the criteria established in RCW 47.17.001 in evaluating petitions and to adopt rules for implementation of this process.  The board shall forward to the legislative transportation committee by November 15 each year any recommended jurisdictional transfers.

 

     NEW SECTION.  Sec. 63.  A new section is added to chapter 47.26 RCW to read as follows:

     In addition to any other reports required by law, by August 1, 1991, the board shall submit to the legislative transportation committee a report setting forth its plans for implementing sections 60 and 62 of this act.

 

     Sec. 64.  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. 65.  The following acts or parts of acts are each repealed:

     (1) RCW 47.17.245 and 1970 ex.s. c 51 s 50;

     (2) RCW 47.17.270 and 1970 ex.s. c 51 s 55;

     (3) RCW 47.17.415 and 1970 ex.s. c 51 s 84;

     (4) RCW 47.17.420 and 1971 ex.s. c 73 s 11 & 1970 ex.s. c 51 s 85;

     (5) RCW 47.17.450 and 1979 ex.s. c 33 s 12 & 1970 ex.s. c 51 s 91;

     (6) RCW 47.17.453 and 1975 c 63 s 11;

     (7) RCW 47.17.555 and 1970 ex.s. c 51 s 112;

     (8) RCW 47.17.590 and 1970 ex.s. c 51 s 119;

     (9) RCW 47.17.600 and 1970 ex.s. c 51 s 121;

     (10) RCW 47.17.620 and 1970 ex.s. c 51 s 125;

     (11) RCW 47.17.700 and 1971 ex.s. c 73 s 17 & 1970 ex.s. c 51 s 141; and

     (12) RCW 47.17.810 and 1970 ex.s. c 51 s 163.

 

     NEW SECTION.  Sec. 66.     Sections 1, 3, 4, 6 through 10, 12, 14, 16, 20, 22, 24 through 26, 29 through 31, 39, 40, 44, 45, 51, and 55 of this act are each added to chapter 47.17 RCW.

 

     NEW SECTION.  Sec. 67.     Prior to expending any amounts of the appropriation in section 58, chapter --, Laws of 1991 (section 58 of this act), the department of transportation shall, in cooperation with the association of Washington cities and the Washington state association of counties, establish rules governing the transfer relief account.

 

     NEW SECTION.  Sec. 68.     (1) Sections 62 and 63 of this act are 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 June 1, 1991.

     (2) The remainder of this act shall take effect April 1, 1992.