S-0998.1                   _______________________________________________

                                                     SENATE BILL 5394

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State of Washington                              53rd Legislature                             1993 Regular Session

By Senator Skratek

Read first time 01/26/93.  Referred to Committee on Transportation.

Funding improvements to regional transportation systems and facilities.

          AN ACT Relating to payment for improvements to regional transportation systems and facilities; and adding a new chapter to Title 47 RCW.

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

NEW SECTION. Sec. 1.  The legislature recognizes that significant new developments will increase burdens on state transportation systems and facilities.  In order to improve the operating efficiency of state transportation systems and facilities, RCW 36.70A.070 requires that concurrent transportation improvements or strategies be made to accommodate the impacts of new development.  The financial burdens of maintaining existing facilities and creating capital improvements necessitated by new development must be borne equitably, in a proportional manner by developers, local governments, and the state.

NEW SECTION. Sec. 2.  Local governments and regional transportation planning organizations, who are currently responsible for ensuring that development proposals are consistent with local comprehensive plans and regional transportation plans, shall notify the department regarding any substantial development proposal that, if approved, would impact state-owned and operated facilities.

NEW SECTION. Sec. 3.  As used in this chapter, "substantial development proposals" include, but are not limited to, the siting of industrial parks, shopping malls, large residential complexes, sports arenas, and convention centers.

NEW SECTION. Sec. 4.  The department shall make an assessment of substantial development proposals for impacts they may have on state-owned and operated facilities.  If the department determines that the substantial development proposal will impact state-owned and operated facilities, the department shall require the appropriate local governments, in consultation with the relevant regional transportation planning organizations, to assess a fee upon the developer to defray the cost of mitigating impacts to state-owed and operated facilities.  The amount of this fee must not exceed the amount that the department can demonstrate is reasonably necessary as a direct result of the proposed development.  The amount of this fee must reflect a proportional share of the costs of system improvements that are reasonably related to the new development, and will reasonably benefit, the new development.

NEW SECTION. Sec. 5.  If a local government fails to assess an impact fee adequate to alleviate a proportional share of the costs necessary to implement improvements to the state-owned and operated facilities necessitated by the substantial development, the requisite amount, as determined by the department, shall be withheld from the local government's portion of the fuel tax distribution.

NEW SECTION. Sec. 6.  Sections 1 through 5 of this act shall constitute a new chapter in Title 47 RCW.

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