AN ACT Relating to
transportation improvement funding procedures; amending RCW 35.77.010,
36.81.121, 46.68.090, 46.68.095, 46.68.100, 47.26.040, 47.26.080, 47.26.084,
47.26.090, 47.26.121, 47.26.140, 47.26.160, 47.26.170, 47.26.185, 47.26.190,
47.26.260, 47.26.270, 47.26.305, 47.26.425, 47.26.4252, 47.26.4254, 47.26.440,
47.26.450, 47.26.460, 47.26.500, 47.26.505, and 82.36.025; adding new sections
to chapter 47.26 RCW; and repealing RCW 47.26.042, 47.26.043, 47.26.180,
47.26.220, 47.26.230, 47.26.240, 47.26.265, 47.26.310, 47.26.315, and
47.26.430.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 35.77.010 and 1990
1st ex.s. c 17 s 59 are each amended to read as follows:
(1) The legislative
body of each city and town, pursuant to one or more public hearings thereon,
shall prepare and adopt a comprehensive street program for the ensuing six
calendar years. If the city or town has adopted a comprehensive plan pursuant
to chapter 35.63 or 35A.63 RCW, the inherent authority of a first class city
derived from its charter, or chapter 36.70A RCW, the program shall be
consistent with this comprehensive plan.
The program shall be
filed with the secretary of transportation not more than thirty days after its
adoption. Annually thereafter the legislative body of each city and town shall
review the work accomplished under the program and determine current city
street needs. Based on these findings each such legislative body shall prepare
and after public hearings thereon adopt a revised and extended comprehensive
street program before July 1st of each year, and each one-year extension and
revision shall be filed with the secretary of transportation not more than
thirty days after its adoption. The purpose of this section is to assure that
each city and town shall perpetually have available advanced plans looking to
the future for not less than six years as a guide in carrying out a coordinated
street construction program. The program may at any time be revised by a
majority of the legislative body of a city or town, but only after a public
hearing.
((The six-year
program of each city lying within an urban area shall contain a separate
section setting forth the six-year program for arterial street construction
based upon its long range construction plan and formulated in accordance with
rules of the transportation improvement board. The six-year program for
arterial street construction shall be submitted to the transportation
improvement board forthwith after its annual revision and adoption by the
legislative body of the city. The six-year program for arterial street
construction shall be based upon estimated revenues available for such
construction together with such additional sums as the legislative authority
may request for urban arterials from the urban arterial trust account or the
transportation improvement account for the six-year period. The arterial
street construction program shall provide for a more rapid rate of completion
of the long-range construction needs of principal arterial streets than for
minor and collector arterial streets, pursuant to rules of the transportation
improvement board: PROVIDED, That urban arterial trust funds made available to
the group of incorporated cities lying outside the boundaries of federally
approved urban areas within each region need not be divided between functional
classes of arterials but shall be available for any designated arterial street.))
(2) Each six-year
program forwarded to the secretary in compliance with subsection (1) of this
section shall contain information as to how a city or town will expend its
moneys, including funds made available pursuant to chapter 47.30 RCW, for
bicycle, pedestrian, and equestrian purposes.
Sec. 2. RCW 36.81.121 and 1990
1st ex.s. c 17 s 58 are each amended to read as follows:
(1) Before July 1st of
each year, the legislative authority of each county with the advice and
assistance of the county road engineer, and pursuant to one or more public
hearings thereon, shall prepare and adopt a comprehensive road program for the
ensuing six calendar years. If the county has adopted a comprehensive plan
pursuant to chapter 35.63 or 36.70 RCW, the inherent authority of a charter
county derived from its charter, or chapter 36.70A RCW, the program shall be
consistent with this comprehensive plan.
The program shall
include proposed road and bridge construction work, and for those counties
operating ferries shall also include a separate section showing proposed
capital expenditures for ferries, docks, and related facilities. Copies of the
program shall be filed with the county road administration board and with the
state secretary of transportation not more than thirty days after its adoption
by the legislative authority. The purpose of this section is to assure that
each county shall perpetually have available advanced plans looking to the
future for not less than six years as a guide in carrying out a coordinated
road construction program. The program may at any time be revised by a
majority of the legislative authority but only after a public hearing thereon.
(2) ((The six-year
program of each county having an urban area within its boundaries shall contain
a separate section setting forth the six-year program for arterial road
construction based upon its long-range construction plan and formulated in
accordance with regulations of the transportation improvement board. The
six-year program for arterial road construction shall be submitted to the
transportation improvement board forthwith after its annual revision and
adoption by the legislative authority of each county. The six-year program for
arterial road construction shall be based upon estimated revenues available for
such construction together with such additional sums as the legislative
authority of each county may request for urban arterials from the urban
arterial trust account or the transportation improvement account for the
six-year period. The arterial road construction program shall provide for a
more rapid rate of completion of the long-range construction needs of principal
arterial roads than for minor and collector arterial roads, pursuant to
regulations of the transportation improvement board.
(3))) Each six-year program forwarded to the
secretary in compliance with subsection (1) of this section shall contain
information as to how a county will expend its moneys, including funds made
available pursuant to chapter 47.30 RCW, for bicycles, pedestrians, and
equestrian purposes.
Sec. 3. RCW 46.68.090 and 1991 c
342 s 56 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);
(e) For distribution to
the urban arterial trust account in the motor vehicle fund, an amount as
provided in RCW 46.68.100(4) and 82.36.025(3);
(f) For distribution to
the transportation improvement account in the motor vehicle fund, an amount as
provided in RCW 46.68.095(1);
(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);
(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);
(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);
(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);
(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);
(l) For distribution
to the small city account, hereby created in the motor vehicle fund, an amount
as provided for in RCW 46.68.095(1), 46.68.100(9), and 82.36.025(3).
(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. 4. RCW 46.68.095 and 1990 c
42 s 103 are each amended to read as follows:
All moneys that have
accrued or may accrue to the motor vehicle fund from the motor vehicle fuel tax
and special fuel tax imposed by RCW 82.36.025(5) shall be distributed monthly
by the state treasurer in the following proportions:
(1) Through June 30,
1995, one and one-half cents shall be deposited in the transportation
improvement account and expended in accordance with RCW 47.26.084. After
June 30, 1995, eighty-seven percent of one and one-half cents shall be
deposited in the transportation improvement account and expended in accordance
with section 11 of this act and thirteen percent of one and one-half cents
shall be deposited in the small city account and expended in accordance with
section 9 of this act.
(2) From April 1, 1991,
seventy-five one-hundredths of one cent shall be deposited in the special
category C account in the motor vehicle fund for special category C projects.
Special category C projects are category C projects as defined in RCW
47.05.030(3) that, due to high cost only, will require bond financing to
complete construction.
The following criteria,
listed in order of priority, shall be used in determining which special
category C projects have the highest priority:
(a) Accident
experience; and
(b) Fatal accident
experience; and
(c) Capacity to move
people and goods safely and at reasonable speeds without undue congestion; and
(d) Continuity of
development of the highway transportation network.
Moneys deposited in the
special category C account in the motor vehicle fund may be used for payment of
debt service on bonds the proceeds of which are used to finance special
category C projects under this subsection.
(3) Twenty-five
one-hundredths of one cent shall be deposited in the rural arterial trust
account in the motor vehicle fund.
(4) Forty-five
one-hundredths of one cent shall be deposited in the county arterial
preservation account. These funds shall be distributed by the county road
administration board to counties in proportions corresponding to the number of
paved arterial lane miles in the unincorporated area of each county and shall
be used for improvements to sustain the structural, safety, and operational
integrity of county arterials. The county road administration board shall
adopt reasonable rules and develop policies to implement this program and to
assure that a pavement management system is used.
(5) One-half of one
cent shall be allocated to cities and towns as provided in RCW 46.68.110.
(6) From April 1, 1990,
through March 31, 1991, thirty one-hundredths of one cent and after March 31,
1991, fifty-five one-hundredths of one cent shall be allocated to counties as
provided in RCW 46.68.120.
(7) One cent shall be
deposited in the motor vehicle fund and shall be expended for highway purposes
of the state as defined in RCW 46.68.130.
Sec. 5. RCW 46.68.100 and 1991 c
310 s 2 are each amended to read as follows:
From the net tax amount
in the motor vehicle fund there shall be paid monthly as funds accrue the
following sums:
(1) To the cities and
towns, to be distributed as provided by RCW 46.68.110, sums equal to six and
ninety-two hundredths percent of the net tax amount;
(2) To the cities and
towns, to be expended as provided by RCW 46.68.115, sums equal to four and
sixty-one hundredths percent of the net tax amount;
(3) To the counties,
sums equal to twenty-two and seventy-eight hundredths percent of the net tax
amount (a) out of which there shall be distributed from time to time, as
directed by the department of transportation, those sums as may be necessary to
carry out the provisions of RCW 47.56.725, and (b) less any amounts
appropriated to the county road administration board to implement the provisions
of RCW 47.56.725(4), with the balance of such county share to be distributed
monthly as the same accrues for distribution in accordance with RCW 46.68.120;
(4) To the urban
arterial trust account in the motor vehicle fund, (a) through June 30, 1995,
sums equal to seven and twelve hundredths percent of the net tax amount, (b)
and after June 30, 1995, ninety-five percent of seven and twelve hundredths
percent of the net tax amount;
(5) To the state, to be
expended as provided by RCW 46.68.130, sums equal to forty-five and twenty-six
hundredths percent of the net tax amount;
(6) To the state, to be
expended as provided by RCW 46.68.150 as now or hereafter amended, sums equal
to six and ninety-five hundredths percent of the net tax amount;
(7) To the Puget Sound
capital construction account in the motor vehicle fund sums equal to three and
twenty-one hundredths percent of the net tax amount;
(8) To the Puget Sound
ferry operations account in the motor vehicle fund sums equal to three and
fifteen hundredths percent of the net tax amount;
(9) After June 30,
1995, to the small city account in the motor vehicle fund, sums equal to five
percent of seven and twelve hundredths percent of the net tax amount.
Nothing in this section
or in RCW 46.68.090 or 46.68.130 may be construed so as to violate any terms or
conditions contained in any highway construction bond issues now or hereafter
authorized by statute and whose payment is by such statute pledged to be paid
from any excise taxes on motor and special vehicle fuels.
NEW SECTION. Sec.
6. A new section is added
to chapter 47.26 RCW to read as follows:
The term
"board" as used in this chapter means the transportation improvement
board.
Sec. 7. RCW 47.26.040 and 1984 c
7 s 153 are each amended to read as follows:
The term "urban
area" as used in this chapter means every area of this state
designated as an urban area by the department ((with the approval of the
federal secretary of transportation in accordance with federal law, hereafter
referred to as federally approved urban areas, or areas within incorporated
cities)) in cooperation with the board and regional transportation
planning organizations.
Sec. 8. RCW 47.26.080 and 1991
sp.s. c 32 s 32 are each amended to read as follows:
There is hereby created
in the motor vehicle fund the urban arterial trust account. The intent of
the urban arterial trust account program is to improve the urban arterial
street system of the state by improving mobility and safety while supporting an
environment essential to the quality of life of the citizens of the state of
Washington. To be eligible to receive these funds, a project must be
consistent with the Growth Management Act, the Clean Air Act including
conformity, and the Commute Trip Reduction Law. The project shall consider
safety, mobility, and physical characteristics of the roadway and must be
partially funded by local government.
All moneys deposited in
the motor vehicle fund to be credited to the urban arterial trust account shall
be expended for the construction and improvement of city arterial streets and
county arterial roads within urban areas, for expenses of the transportation
improvement board in accordance with RCW 47.26.140, or for the payment
of principal or interest on bonds issued for the purpose of constructing or
improving city arterial streets and county arterial roads within urban areas,
or for reimbursement to the state, counties, cities, and towns in accordance
with RCW 47.26.4252 and 47.26.4254, the amount of any payments made on
principal or interest on urban arterial trust account bonds from motor vehicle
or special fuel tax revenues which were distributable to the state, counties,
cities, and towns.
The board shall not
allocate funds, nor make payments of the funds under RCW 47.26.260, to any
county, city, or town identified by the governor under RCW 36.70A.340.
NEW SECTION. Sec.
9. A new section is added
to chapter 47.26 RCW to read as follows:
The intent of the small
city account program is to preserve and improve the roadway system consistent
with local needs of incorporated cities and towns with a population of less
than five thousand. The board shall adopt rules and procedures to govern the
allocation of funds distributed to the small city account. All moneys
deposited in the motor vehicle fund to be credited to the small city account
must be expended for roadway projects, for expenses of the board, or for the payment
of principal or interest on bonds issued for the purpose of constructing or
improving roadway facilities or for reimbursement to the state, counties,
cities, and towns in accordance with RCW 47.26.4252 and 47.26.4254, the amount
of any payments made on principal or interest on urban arterial trust account
bonds from motor vehicle or special fuel tax revenues that were distributable
to the state, counties, cities, and towns. The board shall not allocate funds,
nor make payments of the funds under RCW 47.26.260, to a city or town
identified by the governor under RCW 36.70A.340.
Sec. 10. RCW 47.26.084 and 1988 c
167 s 2 are each amended to read as follows:
The transportation
improvement account is hereby created in the motor vehicle fund. The board
shall adopt rules and procedures which shall govern the allocation of funds in
the transportation improvement account at such time as funds become available.
All projects selected for funding before the fiscal year 1996 transportation
improvement account program are governed by this section.
The board shall
allocate funds from the account by June 30th of each year for the
ensuing fiscal year and shall endeavor to provide geographical diversity in
selecting improvement projects to be funded from the account.
Of the amount made
available to the transportation improvement board from the transportation
improvement account for improvement projects:
(1) Eighty-seven percent
shall be allocated to urban counties, to cities with a population of ((over))
five thousand and over, and to transportation benefit districts.
Improvement projects may include, but are not limited to, multi-agency projects
and ((suburban)) arterial improvement projects in fast-growing areas.
To be eligible to
receive these funds, a project must be (a) consistent with state, regional, and
local transportation plans and consideration shall be given to the project's
relationship, both actual and potential, with rapid mass transit and at such
time as a rail plan is developed by the rail development commission, projects
must be consistent therewith, (b) necessitated by existing or reasonably
foreseeable congestion levels attributable to economic development or growth,
and (c) partially funded by local government or private contributions, or a
combination of such contributions. The board shall, for those projects meeting
the eligibility criteria, determine what percentage of each project is funded
by local and/or private contribution. Priority consideration shall be given to
those projects with the greatest percentage of local and/or private
contribution.
Within one year after
board approval of an application for funding, a county, city, or transportation
benefit district shall provide written certification to the board of the
pledged local and/or private funding. Funds allocated to an applicant that
does not certify its funding within one year after approval may be reallocated
by the board.
(2) Thirteen percent
shall be allocated by the board to cities and towns with a population of
less than five thousand ((or less)) for street improvement
projects in a manner determined by the board.
NEW SECTION. Sec.
11. A new section is added
to chapter 47.26 RCW to read as follows:
Transportation
improvement account projects selected for funding programs after fiscal year
1995 are governed by the requirements of this section.
The board shall
allocate funds from the account by June 30th of each year for the ensuing
fiscal year to urban counties, cities with a population of five thousand and
over, and to transportation benefit districts. Projects may include, but are
not limited to, multi-agency projects and arterial improvement projects in
fast-growing areas. The board shall endeavor to provide geographical diversity
in selecting improvement projects to be funded from the account.
The intent of the
program is to improve mobility of people and goods in Washington state by
supporting economic development and environmentally responsive solutions to our
state-wide transportation system needs.
To be eligible to
receive these funds, a project must be consistent with the Growth Management
Act, the Clean Air Act including conformity, and the Commute Trip Reduction Law
and consideration must have been given to the project's relationship, both
actual and potential, with the state-wide rail passenger program and rapid mass
transit. Projects must be consistent with any adopted high capacity
transportation plan, must consider existing or reasonably foreseeable
congestion levels attributable to economic development or growth and all modes
of transportation and safety, and must be partially funded by local government
or private contributions, or a combination of such contributions. Priority
consideration shall be given to those projects with the greatest percentage of
local or private contribution, or both.
Within one year after
board approval of an application for funding, the lead agency shall provide
written certification to the board of the pledged local and private funding for
the phase of the project approved. Funds allocated to an applicant that does
not certify its funding within one year after approval may be reallocated by
the board.
Sec. 12. RCW 47.26.090 and 1988 c
167 s 14 are each amended to read as follows:
The term
"arterial" as used in this chapter means any state highway, county
road, or city street, in an urban area, that is functionally classified ((by
the federal highway administration)) as a principal arterial, minor
arterial, or collector street by the department in cooperation with the
board, regional transportation planning organizations, cities, and counties.
The board shall develop criteria and procedures for designating arterials in
the incorporated cities and towns lying outside urban areas.
Sec. 13. RCW 47.26.121 and 1993 c
172 s 1 are each amended to read as follows:
(1) There is hereby
created a transportation improvement board of eighteen members, six of whom
shall be county members and six of whom shall be city members. The remaining
members shall be: (a) One representative appointed by the governor who shall
be a state employee with responsibility for transportation policy, planning, or
funding; (b) the assistant secretary of the department of transportation whose
primary responsibilities relate to planning and public transportation; (c) the
assistant secretary for local programs of the department of transportation; (d)
a representative of a public transit system; (e) a private sector
representative; and (f) a public member.
(2) Of the county
members of the board, one shall be a county engineer or public works director;
one shall be the executive director of the county road administration board;
one shall be a county planning director or planning manager; one shall be a
county executive, councilmember, or commissioner from a county with a population
of one hundred twenty-five thousand or more; one shall be a county executive,
councilmember, or commissioner of a county who serves on the board of a public
transit system; and one shall be a county executive, councilmember, or
commissioner from a county with a population of less than one hundred
twenty-five thousand. All county members of the board, except the executive
director of the county road administration board, shall be appointed. Not more
than one county member of the board shall be from any one county. No more
than two of the three county-elected officials may represent counties located
in either the eastern or western part of the state as divided north and south
by the summit of the Cascade mountains.
(3) Of the city members
of the board one shall be a chief city engineer, public works director, or
other city employee with responsibility for public works activities, of a city
with a population of twenty thousand or more; one shall be a chief city
engineer, public works director, or other city employee with responsibility for
public works activities, of a city of less than twenty thousand population; one
shall be a city planning director or planning manager; one shall be a mayor,
commissioner, or city councilmember of a city with a population of twenty
thousand or more; one shall be a mayor, commissioner, or city councilmember of
a city who serves on the board of a public transit system; and one shall be a
mayor, commissioner, or councilmember of a city of less than twenty thousand
population. All of the city members shall be appointed. Not more than one
city member of the board shall be from any one city. No more than two of the
three city-elected officials may represent cities located in either the eastern
or western part of the state as divided north and south by the summit of the
Cascade mountains.
(4) The transit member
shall be a general manager, executive director, or transit director of a public
transit system.
(5) The private sector
member shall be a citizen with business, management, and transportation related
experience and shall be active in a business community-based transportation
organization.
(6) The public member
shall have professional experience in transportation or land use planning, a
demonstrated interest in transportation issues, and involvement with community
groups or grass roots organizations.
(7) Appointments of
county, city, transit, private sector, and public representatives shall be made
by the secretary of the department of transportation. Appointees shall be chosen
from a list of two persons for each position nominated by the Washington state
association of counties for county members, the association of Washington
cities for city members, and the Washington state transit association for the
transit member. The private sector and public members shall be sought through
classified advertisements in selected newspapers collectively serving all urban
areas of the state, and other appropriate means. Persons applying for the
private sector or the public member position must provide a letter of interest
and a resume to the secretary of the department of transportation. In the case
of a vacancy, the appointment shall be only for the remainder of the unexpired
term in which the vacancy has occurred. A vacancy shall be deemed to have
occurred on the board when any member elected to public office completes that
term of office or is removed therefrom for any reason or when any member
employed by a political subdivision terminates such employment for whatsoever
reason or when a private sector or public member resigns or is unable or
unwilling to serve.
(8) Appointments shall
be for terms of four years. Terms of all appointed members shall expire on
June 30th of even-numbered years. The initial term of appointed members may be
for less than four years. No appointed member may serve more than two
consecutive four-year terms.
(9) The board shall
elect a chair from among its members for a two-year term.
(10) Expenses of the
board((, including administration of the transportation improvement program,))
shall be paid ((from the urban arterial account)) in accordance with
RCW 47.26.140.
(11) For purposes of
this section, "public transit system" means a city-owned transit
system, county transportation authority, metropolitan municipal corporation,
public transportation benefit area, or regional transit authority.
Sec. 14. RCW 47.26.140 and 1988 c
167 s 16 are each amended to read as follows:
The transportation
improvement board shall appoint an executive director, who shall serve at its
pleasure and whose salary shall be set by the board, and may employ additional
staff as it deems appropriate. All costs associated with staff, together with
travel expenses in accordance with RCW 43.03.050 and 43.03.060, shall be paid
from the urban arterial trust account, small city account, city hardship
assistance account, and the transportation improvement account in the motor
vehicle fund as determined by the biennial appropriation.
Sec. 15. RCW 47.26.160 and 1988 c
167 s 18 are each amended to read as follows:
The transportation
improvement board shall:
(1) Adopt rules
necessary to implement the provisions of this chapter relating to the
allocation of funds;
(2) Adopt reasonably
uniform design standards for city and county arterials ((that meet the
requirements for urban development;
(3) Report
biennially on the first day of November of the even-numbered years to the
department and to the chairs of the house and senate transportation committees,
including one copy to the staff of each of the committees, regarding progress
of cities and counties in developing long-range plans for their urban arterial
construction, programming of urban arterial construction work, and the allocation
of funds)).
Sec. 16. RCW 47.26.170 and 1988 c
167 s 19 are each amended to read as follows:
((The legislative
authority of)) Each county ((or city lying within or)) having
within its boundaries an urban area and cities and towns shall prepare((,
adopt,)) and submit to the transportation improvement board ((a
long-range plan for arterial construction, taking into account the
comprehensive land use plan of each such jurisdiction and setting forth
arterial construction needs through a six-year advance planning period. The
long-range arterial construction plans shall be revised by)) arterial
inventory data required to determine the long-range arterial construction
needs. The counties ((and)), cities, and towns shall
revise the arterial inventory data every ((two)) four years
to show the current arterial construction needs through the advanced planning
period, and as revised shall ((be submitted)) submit them to the
transportation improvement board during the first week of January ((of))
every ((even-numbered)) four years beginning in 1996. The
((long-range plans)) inventory data shall be prepared pursuant to
guidelines established by the transportation improvement board. ((Upon
receipt of the long-range arterial construction plans of the several counties
and cities, the transportation improvement board shall revise the construction
needs for urban arterials set forth in the plans as necessary to conform with
its uniform standards for establishing construction needs of the counties and
cities.)) As information is updated, it shall be made available to the
commission and the legislative transportation committee.
Sec. 17. RCW 47.26.185 and 1988 c
167 s 21 are each amended to read as follows:
The transportation
improvement board may adopt rules establishing qualifications for cities and
counties administering and supervising the design and construction of projects
financed in part from ((the urban arterial trust account or the transportation
improvement account)) funds administered by the board. The rules
establishing qualification shall take into account the resources and population
of the city or county, its permanent engineering staff, its design and
construction supervision experience, and other factors the board deems
appropriate. Any city or county failing to meet the qualifications established
by the board for administering and supervising a project shall contract with a
qualified city or county or the department for the administration and
supervision of the design and construction of any approved project as a
condition for receiving ((account)) funds for the project.
Sec. 18. RCW 47.26.190 and 1988 c
167 s 22 are each amended to read as follows:
(((1) At the
beginning of each biennium for the urban arterial trust account, the
transportation improvement board shall establish apportionment percentages for
the five regions defined in RCW 47.26.050 in the following manner:
(a) One-third in the
ratio which the population of the urban areas of each region bears to the total
population of all of the urban areas of the state as last determined by the
office of financial management;
(b) One-third in the
ratio which the vehicle to mile ratio traveled on the classified arterial
system prescribed in RCW 47.26.180, within the urban areas of each region bears
to the total vehicle to mile ratio traveled on all classified urban arterials;
and
(c) One-third in the
ratio which the city and county urban arterial needs within the urban areas of
each region bears to the total urban arterial needs on city and county urban
arterials within all urban areas of the state as last revised by the
transportation improvement board.
Except as otherwise
provided in subsection (3) of this section, such apportionment percentages
shall be used once each calendar quarter by the transportation improvement
board to apportion funds credited to the urban arterial trust account which are
available for expenditure for urban arterial projects: PROVIDED, That any
funds credited to the urban arterial trust account subsequent to July 1, 1987,
resulting from bond sales in accordance with RCW 47.26.420 through 47.26.427
shall be apportioned according to the percentages for the five regions
established for the biennium when the bonding authority was obligated to
projects.
(2) All amounts
credited to the urban arterial trust account, except those provided for in
subsection (3) of this section and any excise tax revenues that may be required
to repay the three series of urban arterial bonds or the interest thereon when
due, after apportionment to each region, shall be divided on the basis of
relative population established at the beginning of each biennium by the office
of financial management between (a) the group of cities and that portion of
those counties within federally approved urban areas and (b) the group of
incorporated cities outside the boundaries of federally approved urban areas:
PROVIDED, That funds credited to the urban arterial trust account subsequent to
July 1, 1987, resulting from the sale of bonds in accordance with RCW 47.26.420
through 47.26.427 shall be divided on the basis of relative population
percentages established for the biennium when the bonding authority was
obligated to projects. Within each region, funds divided between the groups
identified under (a) and (b) of this subsection shall then be allocated by the
transportation improvement board to incorporated cities and counties, as the
case may be, for the construction of specific urban arterial projects in
accordance with the procedures set forth in RCW 47.26.240.
(3) At the beginning
of each biennium the transportation improvement board shall establish
apportionment percentages for each of the five regions for the apportionment of
the proceeds from the sale of fifteen million dollars of series II bonds and
sixteen million dollars of series III bonds authorized by RCW 47.26.420, as now
or hereafter amended, in the ratio which the population of the incorporated
cities and towns lying outside the boundaries of federally approved urban areas
of each region bears to the total population of all incorporated cities and
towns of the state lying outside the boundaries of federally approved urban
areas, as such populations are determined at the beginning of each biennium by
the office of financial management. Such apportionment percentages shall be
used once each calendar quarter by the transportation improvement board to
apportion funds credited to the urban arterial trust account which are
available for expenditure for urban arterial projects under this subsection:
PROVIDED, That any funds credited to the urban arterial trust account
subsequent to July 1, 1987, resulting from the sale of bonds in accordance with
RCW 47.26.420 through 47.26.427 shall be apportioned with percentages for the
five regions established for the biennium when the bonding authority was
obligated to projects. Funds apportioned to each region shall be allocated by
the transportation improvement board to incorporated cities lying outside the
boundaries of federally approved urban areas, for the construction of specific
urban arterial projects in accordance with the procedures set forth in RCW
47.26.240.)) The board shall
adopt rules that provide geographical diversity in selecting improvement
projects to be funded from the urban arterial trust account and small city
account funds.
Sec. 19. RCW 47.26.260 and 1988 c
167 s 26 are each amended to read as follows:
(((1) Upon
completion of a preliminary proposal, the county, city, or transportation
benefit district submitting said proposal shall submit to the transportation
improvement board its voucher for payment of the urban arterial trust account
or transportation improvement account, both hereinafter referred to in this
section as account, share of the cost. Upon the completion of an approved
construction project, the county, city, or transportation benefit district
constructing the project shall submit to the transportation improvement board
its voucher for the payment of the appropriate account share of the cost. The
chairman of the transportation improvement board or his designated agent shall
approve such voucher when proper to do so, for payment from the appropriate
account to the county, city, or transportation benefit district submitting the
voucher.
(2))) The transportation improvement board ((may))
shall adopt ((regulations)) rules providing for the
approval of payments of funds in the accounts to a county, city, town,
or transportation benefit district for costs of ((preliminary proposal))
predesign, design, engineering, and costs of construction of an approved
project from time to time as work progresses. These payments shall at no time
exceed the account share of the costs ((of construction)) incurred to
the date of the voucher covering such payment.
Sec. 20. RCW 47.26.270 and 1988 c
167 s 27 are each amended to read as follows:
Counties ((and)),
cities, towns, and transportation benefit districts receiving funds from
the ((urban arterial trust account for construction of arterials)) board
shall provide such matching funds as ((shall be)) established by ((regulations))
rules adopted by the transportation improvement board. ((Matching
requirements shall be established after appropriate studies by the board taking
into account)) When determining matching requirements, the board shall
consider (1) financial resources available to counties and cities to meet
arterial needs, (2) the amounts and percentages of funds available for road or
street construction traditionally expended by counties and cities on arterials,
(3) in the case of counties, the relative needs of arterials lying outside
urban areas, and (4) the requirements necessary to avoid diversion of funds
traditionally expended for arterial construction to other street or road
purposes or to nonhighway purposes((: PROVIDED HOWEVER, That for projects
funded subsequent to July 1, 1977, cities and counties may use as matching
funds any moneys received from any source, except such moneys which by law may
not be used for the purposes set forth in this chapter)).
Sec. 21. RCW 47.26.305 and 1988 c
167 s 28 are each amended to read as follows:
((Each city and
county eligible for receipt of urban arterial trust funds is hereby authorized
and directed to establish a system of bicycle routes throughout its
jurisdiction. Such)) Bicycle routes shall, when established in
accordance with ((standards adopted by the transportation improvement board,))
RCW 47.06.100 be eligible for establishment, improvement, and upgrading
with ((urban arterial trust)) board funds ((when accomplished
in connection with an arterial project)). The board shall adopt rules
and procedures that will encourage the development of a system of bicycle
routes within counties, cities, and towns.
Sec. 22. RCW 47.26.425 and 1977
ex.s. c 317 s 20 are each amended to read as follows:
Any funds required to
repay the first authorization of two hundred million dollars of bonds
authorized by RCW 47.26.420, as amended by section 18, chapter 317, Laws of
1977 ex. sess. or the interest thereon when due, shall be taken from that
portion of the motor vehicle fund which results from the imposition of excise
taxes on motor vehicle and special fuels and which is distributed to the urban
arterial trust account in the motor vehicle fund and the certain sums
received by the small city account in the motor vehicle fund imposed by RCW
82.36.025(3) and 46.68.100(9), and shall never constitute a charge against
any allocations of any other such funds in the motor vehicle fund to the state,
counties, cities, and towns unless and until the amount of the motor vehicle fund
arising from the excise tax on motor vehicle and special fuels and distributed
to the urban arterial trust account and the small city account proves
insufficient to meet the requirements for bond retirement or interest on any
such bonds.
Sec. 23. RCW 47.26.4252 and 1983
1st ex.s. c 49 s 23 are each amended to read as follows:
Any funds required to
repay the authorization of series II bonds authorized by RCW 47.26.420, as
reenacted by section 3, chapter 5, Laws of 1979, or the interest thereon when
due, shall first be taken from that portion of the motor vehicle fund which
results from the imposition of excise taxes on motor vehicle and special fuels
imposed by chapters 82.36, 82.37, and 82.38 RCW and which is distributed to the
urban arterial trust account in the motor vehicle fund and the certain sums
received by the small city account in the motor vehicle fund imposed by RCW
82.36.025(3) and 46.68.100(9), subject, however, to the prior lien of the
first authorization of bonds authorized by RCW 47.26.420, as reenacted by
section 3, chapter 5, Laws of 1979. If the moneys distributed to the urban
arterial trust account and the small city account shall ever be
insufficient to repay the first authorization bonds together with interest
thereon, and the series II bonds or the interest thereon when due, the amount
required to make such payments on such bonds or interest thereon shall next be
taken from that portion of the motor vehicle fund which results from the
imposition of excise taxes on motor vehicle and special fuels and which is
distributed to the state, counties, cities, and towns pursuant to RCW 46.68.100
as now existing or hereafter amended. Any payments on such bonds or interest
thereon taken from motor vehicle or special fuel tax revenues which are
distributable to the state, counties, cities, and towns, shall be repaid from
the first moneys distributed to the urban arterial trust account not required
for redemption of the first authorization bonds or series II and series III
bonds or interest on those bond issues.
Sec. 24. RCW 47.26.4254 and 1988
c 167 s 30 are each amended to read as follows:
(1) Any funds required
to repay series III bonds authorized by RCW 47.26.420, or the interest thereon,
when due shall first be taken from that portion of the motor vehicle fund that
results from the imposition of excise taxes on motor vehicle and special fuels
imposed by chapters 82.36, 82.37, and 82.38 RCW and that is distributed to the
urban arterial trust account in the motor vehicle fund and the certain sums
received by the small city account in the motor vehicle fund imposed by RCW
82.36.025(3) and RCW 46.68.100(9), subject, however, to the prior lien of
the first authorization of bonds authorized by RCW 47.26.420. If the moneys so
distributed to the urban arterial trust account and the small city account,
after first being applied to administrative expenses of the transportation
improvement board and to the requirements of bond retirement and payment of
interest on first authorization bonds and series II bonds as provided in RCW
47.26.425 and 47.26.4252, are insufficient to meet the requirements for bond
retirement or interest on any series III bonds, the amount required to make
such payments on series III bonds or interest thereon shall next be taken from
that portion of the motor vehicle fund that results from the imposition of
excise taxes on motor vehicle and special fuels and that is distributed to the
state, counties, cities, and towns pursuant to RCW 46.68.100, subject, however,
to subsection (2) of this section.
(2) To the extent that
moneys so distributed to the urban arterial trust account and the small city
account are insufficient to meet the requirements for bond retirement or
interest on any series III bonds, sixty percent of the amount required to make
such payments when due shall first be taken from that portion of the motor
vehicle fund that results from the imposition of excise taxes on motor vehicle
and special fuels and that is distributed to the state. The remaining forty
percent shall first be taken from that portion of the motor vehicle fund that
results from the imposition of excise taxes on motor vehicle and special fuels
and that is distributed to the cities and towns pursuant to RCW 46.68.100(1)
and to the counties pursuant to RCW 46.68.100(((2)))(3). Of the
counties', cities', and towns' share of any additional amounts required in the
fiscal year ending June 30, 1984, fifteen percent shall be taken from the
counties' distributive share and eighty-five percent from the cities' and
towns' distributive share. Of the counties', cities', and towns' share of any
additional amounts required in each fiscal year thereafter, the percentage
thereof to be taken from the counties' distributive share and from the cities'
and towns' distributive share shall correspond to the percentage of funds
authorized for specific county projects and for specific city and town
projects, respectively, from the proceeds of series III bonds, for the period
through the first eleven months of the prior fiscal year as determined by the
chairman of the transportation improvement board and reported to the state finance
committee and the state treasurer not later than the first working day of June.
(3) Any payments on
such bonds or interest thereon taken from motor vehicle or special fuel tax
revenues that are distributable to the state, counties, cities, and towns shall
be repaid from the first moneys distributed to the urban arterial trust account
and the small city account not required for redemption of the first
authorization bonds, series II bonds, or series III bonds or interest on these
bonds.
Sec. 25. RCW 47.26.440 and 1988 c
167 s 32 are each amended to read as follows:
Not later than November
1st of each even-numbered year the transportation improvement board shall
prepare and present to the commission for comment and recommendation an
adopted budget for expenditures from ((the urban arterial trust account and
the transportation improvement account)) funds administered by the board
during the ensuing biennium. The budget shall contain an estimate of the
revenues to be credited to the ((urban arterial trust account and the
transportation improvement)) several accounts and the amount,
if any, of bond proceeds which the board determines should be made available ((to
the urban arterial trust account)) through the sale of bonds in the ensuing
biennium.
((The commission
shall include the budget for the transportation improvement board as a separate
section of the transportation budget which it shall submit to the governor and
the legislature at the time of its convening.))
Sec. 26. RCW 47.26.450 and 1988 c
167 s 33 are each amended to read as follows:
((At the time the
transportation improvement board reviews the six-year program of each county
and city each even-numbered year, it shall consider and shall approve for
inclusion in its recommended budget, as required by RCW 47.26.440, the portion
of the urban arterial construction program scheduled to be performed during the
biennial period beginning the following July 1st.)) The board shall
adopt rules and procedures to govern the allocation of funds subject to the
appropriations actually approved by the legislature((, the board shall as
soon as feasible approve urban arterial trust account funds to be spent during
the ensuing biennium for preliminary proposals in priority sequence as
established pursuant to RCW 47.26.240. In the case of projects whose total
cost exceeds one million dollars as reflected in the six-year program, the
agency with jurisdiction shall furnish to the board a value engineering study
performed by an interagency team approved by the board, to determine whether
the proposed improvement provides a cost-effective solution for the project
before the board may approve urban arterial trust funds for either the
preliminary or construction phase of the project. The board may authorize a
variance from the value engineering study upon a determination that the study
is not warranted. The board may also require a value engineering study for a
project whose total cost is less than one million dollars upon a determination
by the board that the study is warranted.
The board shall
authorize urban arterial trust account funds for the construction project
portion of a project previously authorized for a preliminary proposal in the
sequence in which the preliminary proposal has been completed and the
construction project is to be placed under contract. At such time the board
may reserve urban arterial trust account funds for expenditure in future years
as may be necessary for completion of preliminary proposals and construction
projects to be commenced in the ensuing biennium.
The board may,
within the constraints of available urban arterial trust funds, consider
additional projects for authorization upon a clear and conclusive showing by
the submitting local government that the proposed project is of an emergent
nature and that its need was unable to be anticipated at the time the six-year
program of the local government was developed. Such proposed projects shall be
evaluated on the basis of the priority rating factors specified in RCW
47.26.220)).
The board shall
develop rules and procedures to require value engineering studies performed by
an interagency team for certain board funded projects. When determining the
process, the board shall consider the project cost, length, and complexity.
Sec. 27. RCW 47.26.460 and 1969
ex.s. c 171 s 7 are each amended to read as follows:
((Whenever the board
approves an urban arterial project it shall determine the amount of urban
arterial trust account funds to be allocated for such project. The allocation
shall be based upon information contained in the six-year plan submitted by the
county or city seeking approval of the project and upon such further
investigation as the board deems necessary.)) The board shall adopt
reasonable ((regulations)) rules pursuant to which ((urban
arterial trust account)) funds allocated to a project may be increased upon
a subsequent application of the county ((or)), city, town, or
transportation benefit district constructing the project. The ((regulations))
rules adopted by the board shall ((take into account, but shall not
be limited to,)) consider the following factors: (1) The financial
effect of increasing the original allocation for the project upon other urban
arterial projects either approved or requested; (2) whether the project for
which an additional ((allocation)) authorization is requested can
be reduced in scope while retaining a usable segment; (3) whether the ((original))
cost of the project shown in the ((applicant's six-year program)) original
application was based upon reasonable engineering estimates; and (4)
whether the requested additional ((allocation)) authorization is
to pay for an expansion in the scope of work originally approved.
Sec. 28. RCW 47.26.500 and 1993 c
440 s 1 are each amended to read as follows:
In order to provide
funds necessary to meet the urgent construction needs on state, county, and
city transportation projects ((within urban areas)), there are hereby
authorized for issuance general obligation bonds of the state of Washington in
the sum of fifty million dollars, which shall be issued and sold in such
amounts and at such times as determined to be necessary by the state
transportation improvement board. The amount of such bonds issued and sold
under the provisions of RCW 47.26.500 through 47.26.507 in any biennium shall
not exceed the amount of a specific appropriation therefor, from the proceeds
of such bonds, for the construction of state, county, and city transportation
projects ((in urban areas)). The issuance, sale, and retirement of the
bonds shall be under the supervision and control of the state finance committee
which, upon request being made by the ((state transportation commission on
behalf of the transportation improvement)) board, shall provide for the
issuance, sale, and retirement of coupon or registered bonds to be dated,
issued, and sold from time to time in such amounts as shall be requested by the
((state transportation)) board. The board shall report all bond sale
requests to the commission.
Sec. 29. RCW 47.26.505 and 1993 c
440 s 6 are each amended to read as follows:
Any funds required to
repay such bonds, or the interest thereon when due, shall be taken from that
portion of the motor vehicle fund which results from the imposition of excise
taxes on motor vehicle and special fuels and which is distributed to the
transportation improvement account in the motor vehicle fund and the sums
received by the small city account in the motor vehicle fund under RCW
46.68.095, and shall never constitute a charge against any allocations of
any other such funds in the motor vehicle fund to the state, counties, cities,
and towns unless and until the amount of the motor vehicle fund arising from the
excise tax on motor vehicle and special fuels and distributed to the
transportation improvement account proves insufficient to meet the requirements
for bond retirement or interest on any such bonds.
Sec. 30. RCW 82.36.025 and 1991 c
342 s 57 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), (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), (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. After June 30, 1995, ninety-five percent
of this revenue shall be deposited in the urban arterial trust account in the
motor vehicle fund and five percent shall be deposited in the small city
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), (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), (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.
31. The following acts or
parts of acts are each repealed:
(1) RCW 47.26.042 and 1973 1st
ex.s. c 126 s 4;
(2) RCW 47.26.043 and 1973 1st
ex.s. c 126 s 5;
(3) RCW 47.26.180 and 1988 c
167 s 20, 1979 ex.s. c 122 s 8, 1977 ex.s. c 317 s 13, 1975 1st ex.s. c 253 s
2, & 1967 ex.s. c 83 s 24;
(4) RCW 47.26.220 and 1989 c
160 s 1, 1988 c 167 s 23, & 1967 ex.s. c 83 s 28;
(5) RCW 47.26.230 and 1988 c
167 s 24, 1984 c 7 s 158, & 1967 ex.s. c 83 s 29;
(6) RCW 47.26.240 and 1988 c
167 s 25, 1977 ex.s. c 317 s 15, & 1967 ex.s. c 83 s 30;
(7) RCW 47.26.265 and 1988 c
167 s 3;
(8) RCW 47.26.310 and 1988 c
167 s 29, 1984 c 7 s 160, & 1974 ex.s. c 141 s 3;
(9) RCW 47.26.315 and 1974
ex.s. c 141 s 6; and
(10) RCW 47.26.430 and 1988 c
167 s 31, 1981 c 315 s 12, & 1967 ex.s. c 83 s 53.
