Z-0886.1 _______________________________________________
SENATE BILL 5962
_______________________________________________
State of Washington 53rd Legislature 1993 Regular Session
By Senator Vognild; by request of Governor Lowry
Read first time 03/22/93. Referred to Committee on Transportation.
AN ACT Relating to transportation funding; amending RCW 46.16.070, 46.16.160, 46.44.0941, 46.44.095, 46.44.096, 46.68.035, 47.78.010, 81.104.170, 82.08.050, 82.14.045, 82.36.025, 82.36.415, 82.36.440, 82.38.280, 82.80.010, 82.80.090, 39.50.010, 81.104.015, 81.104.010, 81.104.020, 81.104.050, 81.104.060, 81.104.070, 81.104.100, 81.104.120, 81.104.130, 81.112.010, 81.112.030, 81.112.060, 81.112.070, and 81.112.080; reenacting and amending RCW 46.44.041, 82.08.0255, 82.12.0256, and 82.44.150; adding a new section to chapter 47.05 RCW; adding new sections to chapter 46.68 RCW; adding new sections to chapter 82.32 RCW; adding new sections to chapter 81.104 RCW; creating new sections; repealing RCW 46.44.160 and 82.36.225; repealing 1987 c 175 s 1 and 1980 c 166 s 5 (uncodified); providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
INDEX
Headings Sections Page
PART 1FINDINGS 101 2
PART 2FUNDING 201-228 5
PART 3HIGH CAPACITY TRANSPORTATION 301-321 41
PART 4MISCELLANEOUS 401-406 61
PART 1. FINDINGS
NEW SECTION. Sec. 101. (1) The legislature finds that:
(a) The existing freeway and highway system that serves the central Puget Sound region has become increasingly congested;
(b) The peak hours of traffic congestion have expanded so as now to occupy as much as eight hours per day on weekdays;
(c) During bad weather or in the event of accidents the traffic can be delayed or stalled for hours;
(d) Existing freeways, Interstates 5, 90, 405, and 520, and freeway bridges now move traffic especially during peak hours with considerable hazard including sudden death and injury;
(e) The problems under (a) through (d) of this subsection all result in that the freeways, highways, and bridges no longer serve their intended purpose;
(f) Continuation of these conditions steadily increases the physical damage to and the cost of maintenance of the freeways, highways, and bridges;
(g) Alleviation of the overcrowded and congested conditions will improve the flow of traffic, reducing the hazards and dangers, and restore these freeways, highways, and bridges; and
(h) The necessary and desirable reduction of congestion can, in view of the configuration and topography of the region and the difficulty of obtaining right of way for additional freeway construction as well as the probable expense of the right of way, only be feasible if done by construction of high capacity transportation systems.
It is the purpose of this act to provide financial assistance to transit agencies for the planning, design, acquisition, and construction of high capacity transportation systems.
(2) The legislature further finds that an efficient transportation system is necessary for a strong and competitive economy and that there are opportunities to improve the existing transportation system in Washington. Investing in the transportation system will create opportunities to improve the economy of the state and provide citizens with additional mobility. The legislature also finds that existing revenues dedicated to transportation and the manner in which transportation is funded in Washington do not meet our current and future needs. This act is intended to achieve the following state policies and objectives:
(a) High capacity transportation in urban areas: This act will provide a funding mechanism and structure to assist in financing the development and construction of high capacity transportation systems in Washington's larger urban areas. It is apparent that the reliance on automobiles for mobility in the urban areas is no longer efficient and is in fact constricting mobility and commercial activity. Constructing high capacity transportation systems will provide mobility alternatives to automobile travel and allow for more commercially related travel to occur. These systems will use a variety of travel modes including rail, transit, and ridesharing. The efficiency of transit and ridesharing will be enhanced by high occupancy vehicle lanes. These lanes and supporting facilities will encourage our citizens to take transit, carpool, or vanpool thus increasing the efficiency of our existing roadways;
(b) Economic enhancement: Investments in the transportation system are beneficial to the state's economy. In the near term, thousands of jobs will be supported through construction of transportation facilities. In the long term, investments in transportation will enhance the state's ability to transport products to market and to remain a viable trading partner. This is especially important when considering the role of Washington ports with Pacific Rim and other emerging markets. The efficient movement of the state's manufactured and agricultural products is of particular interest to the legislature; and
(c) Preservation and capacity improvements: This act does not ignore the necessity to preserve and improve our current roadway system. The state, counties, and cities have made substantial investments in transportation infrastructure. It is essential that previous investments not be wasted. Funding will be made available to all jurisdictions to ensure that preservation remains a priority.
The legislature further recognizes that unless timely action is taken adverse economic impacts are likely throughout the state. The congestion on and condition of our current roadways will only worsen. Expansion of high capacity and public transportation systems which in turn support growth management and environmental goals will be difficult to achieve. The viability and competitiveness of the state's economy will diminish. The legislature therefore declares a need for a funding mechanism and structure that will ensure mobility options for all Washington citizens and enhances the economic well-being of the state.
(End of part)
PART 2. FUNDING
Sec. 201. RCW 46.16.070 and 1990 c 42 s 105 are each amended to read as follows:
(1) In lieu of all other vehicle licensing fees, unless specifically exempt, and in addition to the excise tax prescribed in chapter 82.44 RCW and the mileage fees prescribed for buses and stages in RCW 46.16.125, there shall be paid and collected annually for each motor truck, truck tractor, road tractor, tractor, bus, auto stage, or for hire vehicle with seating capacity of more than six, based upon the declared combined gross weight or declared gross weight thereof pursuant to the provisions of chapter 46.44 RCW, the following licensing fees by such gross weight:
4,000 lbs. ................................$
((37.00)) 44.00
6,000 lbs. ................................$
((44.00)) 53.00
8,000 lbs. ................................$
((55.00)) 83.00
10,000 lbs. ................................$
((62.00)) 93.00
12,000 lbs. ................................$
((72.00)) 108.00
14,000 lbs. ................................$
((82.00)) 123.00
16,000 lbs. ................................$
((92.00)) 138.00
18,000 lbs. ................................$
((137.00)) 206.00
20,000 lbs. ................................$
((152.00)) 228.00
22,000 lbs. ................................$
((164.00)) 246.00
24,000 lbs. ................................$
((177.00)) 266.00
26,000 lbs. ................................$
((187.00)) 281.00
28,000 lbs. ................................$
((220.00)) 330.00
30,000 lbs. ................................$
((253.00)) 380.00
32,000 lbs. ................................$
((304.00)) 456.00
34,000 lbs. ................................$
((323.00)) 485.00
36,000 lbs. ................................$
((350.00)) 525.00
38,000 lbs. ................................$
((384.00)) 576.00
40,000 lbs. ................................$
((439.00)) 659.00
42,000 lbs. ................................$
((456.00)) 684.00
44,000 lbs. ................................$
((466.00)) 699.00
46,000 lbs. ................................$
((501.00)) 752.00
48,000 lbs. ................................$
((522.00)) 783.00
50,000 lbs. ................................$
((566.00)) 849.00
52,000 lbs. ................................$
((595.00)) 893.00
54,000 lbs. ................................$
((642.00)) 963.00
56,000 lbs. ................................$
((677.00)) 1,016.00
58,000 lbs. ................................$
((704.00)) 1,056.00
60,000 lbs. ................................$
((750.00)) 1,125.00
62,000 lbs. ................................$
((804.00)) 1,206.00
64,000 lbs. ................................$
((822.00)) 1,233.00
66,000 lbs. ................................$
((915.00)) 1,373.00
68,000 lbs. ................................$
((954.00)) 1,431.00
70,000 lbs. ................................$((1,027.00))
1,541.00
72,000 lbs. ................................$((1,098.00))
1,647.00
74,000 lbs. ................................$((1,193.00))
1,790.00
76,000 lbs. ................................$((1,289.00))
1,934.00
78,000 lbs. ................................$((1,407.00))
2,111.00
80,000 lbs. ................................$((1,518.00))
2,277.00
82,000 lbs. ................................$ 2,435.00
84,000 lbs. ................................$ 2,592.00
86,000 lbs. ................................$ 2,750.00
88,000 lbs. ................................$ 2,907.00
90,000 lbs. ................................$ 3,065.00
92,000 lbs. ................................$ 3,222.00
94,000 lbs. ................................$ 3,380.00
96,000 lbs. ................................$ 3,537.00
98,000 lbs. ................................$ 3,695.00
100,000 lbs. ...............................$ 3,852.00
102,000 lbs. ...............................$ 4,010.00
104,000 lbs. ...............................$ 4,167.00
105,500 lbs. ...............................$ 4,325.00
Every motor truck, truck tractor, and tractor exceeding 6,000 pounds empty scale weight registered under chapter 46.16, 46.87, or 46.88 RCW shall be licensed for not less than one hundred fifty percent of its empty weight unless the amount would be in excess of the legal limits prescribed for such a vehicle in RCW 46.44.041 or 46.44.042, in which event the vehicle shall be licensed for the maximum weight authorized for such a vehicle.
The following provisions apply when increasing gross or combined gross weight for a vehicle licensed under this section:
(a) The new license fee will be one- twelfth of the fee listed above for the new gross weight, multiplied by the number of months remaining in the period for which licensing fees have been paid, including the month in which the new gross weight is effective.
(b) Upon surrender of the current certificate of registration or cab card, the new licensing fees due shall be reduced by the amount of the licensing fees previously paid for the same period for which new fees are being charged.
(2) The proceeds from the fees collected under subsection (1) of this section shall be distributed in accordance with RCW 46.68.035.
Sec. 202. RCW 46.16.160 and 1987 c 244 s 6 are each amended to read as follows:
(1) The owner of a vehicle which under reciprocal relations with another jurisdiction would be required to obtain a license registration in this state or an unlicensed vehicle which would be required to obtain a license registration for operation on public highways of this state may, as an alternative to such license registration, secure and operate such vehicle under authority of a trip permit issued by this state in lieu of a Washington certificate of license registration, and licensed gross weight if applicable. The licensed gross weight may not exceed eighty thousand pounds for a combination of vehicles nor forty thousand pounds for a single unit vehicle with three or more axles. Trip permits may also be issued for movement of mobile homes pursuant to RCW 46.44.170. For the purpose of this section, a vehicle is considered unlicensed if the licensed gross weight currently in effect for the vehicle or combination of vehicles is not adequate for the load being carried. Vehicles registered under RCW 46.16.135 shall not be operated under authority of trip permits in lieu of further registration within the same registration year.
(2) Each trip permit shall authorize the operation of a single vehicle at the maximum legal weight limit for such vehicle for a period of three consecutive days commencing with the day of first use. No more than three such permits may be used for any one vehicle in any period of thirty consecutive days. Every permit shall identify, as the department may require, the vehicle for which it is issued and shall be completed in its entirety and signed by the operator before operation of the vehicle on the public highways of this state. Correction of data on the permit such as dates, license number, or vehicle identification number invalidates the permit. The trip permit shall be displayed on the vehicle to which it is issued as prescribed by the department.
(3) Vehicles operating under authority of trip permits are subject to all laws, rules, and regulations affecting the operation of like vehicles in this state.
(4) Prorate operators operating commercial vehicles on trip permits in Washington shall retain the customer copy of such permit for four years.
(5) Blank trip permits may be obtained from field offices of the department of transportation, Washington state patrol, department of licensing, or other agents appointed by the department. For each permit issued, there shall be collected a filing fee as provided by RCW 46.01.140, an administrative fee of eight dollars, and an excise tax of one dollar. If the filing fee amount of one dollar prescribed by RCW 46.01.140 is increased or decreased after January 1, 1981, the administrative fee shall be adjusted to compensate for such change to insure that the total amount collected for the filing fee, administrative fee, and excise tax remain at ten dollars. These fees and taxes are in lieu of all other vehicle license fees and taxes. No exchange, credits, or refunds may be given for trip permits after they have been purchased.
(6) The department may appoint county auditors or businesses as agents for the purpose of selling trip permits to the public. County auditors or businesses so appointed may retain the filing fee collected for each trip permit to defray expenses incurred in handling and selling the permits.
(7) A violation of or a failure to comply with any provision of this section is a gross misdemeanor.
(8) The department of licensing may adopt rules as it deems necessary to administer this section.
(9) All administrative fees and excise taxes collected under the provisions of this chapter shall be forwarded by the department with proper identifying detailed report to the state treasurer who shall deposit the administrative fees to the credit of the motor vehicle fund and the excise taxes to the credit of the general fund. Filing fees will be forwarded and reported to the state treasurer by the department as prescribed in RCW 46.01.140.
Sec. 203. RCW 46.44.041 and 1988 c 229 s 1 and 1988 c 6 s 2 are each reenacted and amended to read as follows:
No vehicle or combination of vehicles shall operate upon the public highways of this state with a gross load on any single axle in excess of twenty thousand pounds, or upon any group of axles in excess of that set forth in the following table, except that two consecutive sets of tandem axles may carry a gross load of thirty-four thousand pounds each, if the overall distance between the first and last axles of such consecutive sets of tandem axles is thirty-six feet or more.
Dis-
tance
in feet Maximum load in pounds
between carried on any group of 2
the ex- or more consecutive axles
tremes
of any
group
of 2
or more
consecu- _____________________________________________________
tive
2 3 4 5 6 7 8 9
axles axles axles axles axles axles axles axles axles
4 34,000
5 34,000
6 34,000
7 34,000
8 34,000 42,000
9 39,000 42,500
10 40,000 43,500
11 44,000
12 45,000 50,000
13 45,500 50,500
14 46,500 51,500
15 47,000 52,000
16 48,000 52,500 ((52,500))
58,000
17 48,500 53,500 ((53,500))
58,500
18 49,500 54,000 ((54,000))
59,000
19 50,000 54,500 ((54,500))
60,000
20 51,000 55,500 ((55,500))
60,500 66,000
21 51,500 56,000 ((56,000))
61,000 66,500
22 52,500 56,500 ((56,500))
61,500 67,000
23 53,000 57,500 ((57,500))
62,500 68,000
24 54,000 58,000 ((58,000))
63,000 68,500 74,000
25 54,500 58,500 ((58,500))
63,500 69,000 74,500
26 55,500 59,500 ((59,500))
64,000 69,500 75,000
27 56,000 60,000 ((60,000))
65,000 70,000 75,500
28 57,000 60,500 ((61,000
61,000))
65,500 71,000 76,500 82,000
29 57,500 61,500 ((62,000
62,000))
66,000 71,500 77,000 82,500
30 58,500 62,000 ((63,000
63,000))
66,500 72,000 77,500 83,000
31 59,000 62,500 ((64,000
64,500))
67,500 72,500 78,000 83,500
32 60,000 63,500 ((65,000
65,000))
68,000 73,000 78,500 84,500 90,000
33
64,000 ((66,000 66,000))
68,500 74,000 79,000 85,000 90,500
34
64,500 ((67,000 67,000))
69,000 74,500 80,000 85,500 91,000
35
65,500 ((68,000 68,000))
70,000 75,000 80,500 86,000 91,500
36
66,000 ((69,500 69,500))
70,500 75,500 81,000 86,500 92,000
37
66,500 ((70,500 70,500))
71,000 76,000 81,500 87,000 93,000
38
67,500 ((72,000 72,000))
71,500 77,000 82,000 87,500 93,500
39
68,000 72,500 ((72,500))
77,000 82,500 88,500 94,000
40
68,500 73,000 ((73,000))
78,000 83,500 89,000 94,500
41
69,500 73,500 ((73,500))
78,500 84,000 89,500 95,000
42
70,000 74,000 ((74,000))
79,000 84,500 90,000 95,500
43
70,500 75,000 ((75,000))
80,000 85,000 90,500 96,000
44
71,500 75,500 ((75,500))
80,500 85,500 91,000 96,500
45
72,000 76,000 ((76,000))
81,000 86,000 91,500 97,500
46
72,500 76,500 ((80,000 80,000))
81,500 87,000 92,500 98,000
47
73,500 ((77,000 81,000 81,000))
77,500 82,000 87,500 93,000 98,500
48
74,000 78,000 ((82,000 82,000))
83,000 88,000 93,500 99,000
49
74,500 78,500 ((83,000 83,000))
83,500 88,500 94,000 99,500
50
75,500 79,000 84,000 ((84,000))
89,000 94,500 100,000
51
76,000 80,000 84,500 ((85,000))
89,500 95,000 100,500
52
76,500 80,500 85,000 ((86,000))
90,500 95,500 101,000
53
77,500 81,000 86,000 ((87,000))
91,000 96,500 102,000
54 78,000 81,500 86,500
((88,000 91,000 91,000))
91,500 97,000 102,500
55 78,500 82,500 87,000
((89,000 92,000 92,000))
92,000 97,500 103,000
56 79,500 83,000 87,500
((90,000 93,000 93,000))
92,500 98,000 103,500
57 80,000 83,500 88,000
((91,000 94,000 94,000))
93,000 98,500 104,000
58 ((84,000
89,000 92,000 95,000 95,000))
84,000 89,000 94,000 99,000 104,500
59 ((85,000
89,500 93,500 96,000 96,000))
85,000 89,000 94,500 99,500 105,500
60 85,500 90,000 95,000
((97,000 97,000))
100,500 105,500
61 86,000 90,500 95,500
((98,000 98,000))
101,000 105,500
62
((87,000)) 91,000 96,000
((99,000 99,000))
86,500 101,500 105,500
63 87,500 92,000
((97,000 100,000 100,000))
96,500 102,000 105,500
64 88,000 92,500 97,500
((101,000
101,000))
102,500 105,500
65 88,500 93,000 98,000
((102,000
102,000))
103,000 105,500
66 89,500 93,500 98,500
((103,000
103,000))
103,500 105,500
67 90,000 94,000 99,000
((104,000
104,000))
104,500 105,500
68 90,500 95,000 99,500 105,000
((105,000))
105,500
69 91,000 95,500 100,000 105,500 105,500
70 92,000 96,000 101,000 105,500 105,500
When inches are involved: Under six inches take lower, six inches or over take higher. The maximum load on any axle in any group of axles shall not exceed the single axle or tandem axle allowance as set forth in the table above.
The maximum axle and gross weights specified in this section are subject to the braking requirements set up for the service brakes upon any motor vehicle or combination of vehicles as provided by law.
((It is unlawful to operate upon the public
highways any single unit vehicle, supported upon three axles or more with a
gross weight including load in excess of forty thousand pounds or any
combination of vehicles having a gross weight in excess of eighty thousand
pounds without first obtaining an additional tonnage permit as provided for in
RCW 46.44.095: PROVIDED, That when a combination of vehicles has purchased
license tonnage in excess of seventy-two thousand pounds as provided by RCW
46.16.070, such excess license tonnage may be applied to the power unit subject
to limitations of RCW 46.44.042 and this section when such vehicle is operated
without a trailer.))
It is unlawful to operate any vehicle upon the public highways equipped with two axles spaced less than seven feet apart unless the two axles are so constructed and mounted that the difference in weight between the axles does not exceed three thousand pounds. However, variable lift axles are exempt from this requirement. For purposes of this section, a "variable lift axle" is an axle that may be lifted from the roadway surface, whether by air, hydraulic, mechanical, or any combination of these means. The weight allowed on the axle is governed by RCW 46.44.042 and this section.
Loads of not more than eighty thousand pounds which may be legally hauled in the state bordering this state which also has a sales tax, are legal in this state when moving to a port district within four miles of the bordering state except on the interstate system. This provision does not allow the operation of a vehicle combination consisting of a truck tractor and three trailers.
Notwithstanding anything contained herein, a vehicle or combination of vehicles in operation on January 4, 1975, may operate upon the public highways of this state, including the interstate system within the meaning of section 127 of Title 23, United States Code, with an overall gross weight upon a group of two consecutive sets of dual axles which was lawful in this state under the laws, regulations, and procedures in effect in this state on January 4, 1975.
Sec. 204. RCW 46.44.0941 and 1990 c 42 s 107 are each amended to read as follows:
The following fees, in addition to the regular license and tonnage fees, shall be paid for all movements under special permit made upon state highways. All funds collected, except the amount retained by authorized agents of the department as provided in RCW 46.44.096, shall be forwarded to the state treasury and shall be deposited in the motor vehicle fund:
All overlegal loads, except overweight, single
trip................................................$ 10.00
Continuous operation of overlegal loads
having either overwidth or overheight
features only, for a period not to exceed
thirty days.........................................$ 20.00
Continuous operations of overlegal loads
having overlength features only, for a
period not to exceed thirty days....................$ 10.00
Continuous operation of a combination of
vehicles having one trailing unit that
exceeds forty-eight feet and is not
more than fifty-six feet in length, for
a period of one year................................$ 100.00
Continuous operation of a combination of
vehicles having two trailing units
which together exceed sixty-one feet and
are not more than sixty-eight feet in
length, for a period of one year....................$ 100.00
Continuous operation of a three-axle fixed
load vehicle having less than 65,000
pounds gross weight, for a period not
to exceed thirty
days............................$ ((70.00)) 105.00
Continuous operation of a four-axle fixed load
vehicle meeting the requirements of
RCW 46.44.091(1) and weighing less than
86,000 pounds gross weight, not to exceed
thirty days.........................................$ 135.00
Continuous operation of overlegal loads
having nonreducible features not to
exceed eighty-five feet in length and
fourteen feet in width, for a period of
one year............................................$ 150.00
Continuous operation of a two or three-axle
collection truck, actually engaged in the
collection of solid waste or recyclables,
or both, under chapter 81.77 or 35.21 RCW
or by contract under RCW 36.58.090, for
one year with an additional six thousand
pounds more than the weight authorized in
RCW 46.16.070 on the rear axle of a two-axle
truck or eight thousand pounds for the tandem
axles of a three-axle truck. RCW 46.44.041
and 46.44.091 notwithstanding, the tire limits
specified in RCW 46.44.042 apply, but none of
the excess weight is valid or may be permitted
on any part of the federal interstate highway
system...............................................$ 63.00
per thousand pounds
The department may issue any of the above-listed permits that involve height, length, or width for an expanded period of consecutive months, not to exceed one year.
Continuous operation of farm implements under a permit issued as authorized by RCW 46.44.140 by:
(1) Farmers in the course of farming activities,
for any three-month period..........................$ 10.00
(2) Farmers in the course of farming activities,
for a period not to exceed one year.................$ 25.00
(3) Persons engaged in the business of the
sale, repair, or maintenance of such
farm implements, for any three-month period.........$ 25.00
(4) Persons engaged in the business of the
sale, repair, or maintenance of such
farm implements, for a period not to
exceed one year.....................................$ 100.00
Overweight Fee Schedule
Weight over total registered
gross weight ((plus additional
gross weight purchased under
RCW 46.44.095 or
46.44.047, or any Fee
per
other statute authorizing the state mile
on
department of transportation to issue state
annual overweight permits)). highways
1-5,999
pounds......................................$ ((.07)) .11
6,000-11,999
pounds....................................$ ((.14)) .21
12,000-17,999 pounds....................................$
((.21)) .32
18,000-23,999
pounds....................................$ ((.35)) .53
24,000-29,999
pounds....................................$ ((.49)) .74
30,000-35,999
pounds....................................$ ((.63)) .95
36,000-41,999
pounds....................................$ ((.84)) 1.26
42,000-47,999 pounds....................................$
((1.05)) 1.58
48,000-53,999 pounds....................................$
((1.26)) 1.89
54,000-59,999 pounds....................................$
((1.47)) 2.21
60,000-65,999 pounds....................................$
((1.68)) 2.52
66,000-71,999 pounds....................................$
((2.03)) 3.05
72,000-79,999 pounds....................................$
((2.38)) 3.57
80,000 pounds or more...................................$
((2.80)) 4.20
PROVIDED: (a) The minimum fee for any overweight permit shall be $14.00, (b) the fee for issuance of a duplicate permit shall be $14.00, (c) when computing overweight fees prescribed in this section or in RCW 46.44.095 that result in an amount less than even dollars the fee shall be carried to the next full dollar if fifty cents or over and shall be reduced to the next full dollar if forty-nine cents or under.
The fees levied in this section and RCW 46.44.095 do not apply to vehicles owned and operated by the state of Washington, a county within the state, a city or town or metropolitan municipal corporation within the state, or the federal government.
Sec. 205. RCW 46.44.095 and 1990 c 42 s 108 are each amended to read as follows:
((When a combination of vehicles has been
lawfully licensed to a total gross weight of eighty thousand pounds and when a
three or more axle single unit vehicle has been lawfully licensed to a total
gross weight of forty thousand pounds pursuant to provisions of RCW 46.44.041,
a permit for additional gross weight may be issued by the department of
transportation upon the payment of fifty-two dollars and fifty cents per year
for each one thousand pounds or fraction thereof of such additional gross
weight: PROVIDED, That the tire limits specified in RCW 46.44.042 shall apply,
and the gross weight on any single axle shall not exceed twenty thousand
pounds, and the gross load on any group of axles shall not exceed the limits
set forth in RCW 46.44.041: PROVIDED FURTHER, That within the tire limits of
RCW 46.44.042, and notwithstanding RCW 46.44.041 and 46.44.091, a permit for an
additional six thousand pounds may be purchased for the rear axles of a
two-axle garbage truck or eight thousand pounds for the tandem axle of a three
axle garbage truck at a rate not to exceed forty-two dollars per thousand.
Such additional weight in the case of garbage trucks shall not be valid or
permitted on any part of the federal interstate highway system.
The annual additional tonnage permits provided
for in this section shall be issued upon such terms and conditions as may be
prescribed by the department pursuant to general rules adopted by the transportation
commission. Such permits shall entitle the permittee to carry such additional
load in an amount and upon highways or sections of highways as may be
determined by the department of transportation to be capable of withstanding
increased gross load without undue injury to the highway: PROVIDED, That the
permits are not valid on any highway where the use of such permits would
deprive this state of federal funds for highway purposes.
For those vehicles registered under chapter
46.87 RCW, the annual additional tonnage permits provided for in this section
may be issued to coincide with the registration year of the base jurisdiction.
For those vehicles registered under chapter 46.16 RCW and whose registration
has staggered renewal dates, the annual additional tonnage permits may be
issued to coincide with the expiration date of the registration. The permits
may be purchased at any time, and if they are purchased for less than a full
year, the fee shall be one-twelfth of the full fee multiplied by the number of
months, including any fraction thereof, covered by the permit. When the
department issues a duplicate permit to replace a lost or destroyed permit and
where the department transfers a permit from one vehicle to another a fee of
fourteen dollars shall be charged for each duplicate issued or each transfer.
The department of transportation shall issue permits on a temporary basis for
periods not less than five days at two dollars and eighty cents per day for
each two thousands pounds or fraction thereof.
The fees levied in RCW 46.44.0941 and this
section shall not apply to any vehicles owned and operated by the state of
Washington, any county within the state, or any city or town or metropolitan
municipal corporation within the state, or by the federal government.
In the case of fleets prorating license fees
under the provisions of chapter 46.87 RCW, the fees provided for in this
section shall be computed by the department of transportation by applying the
proportion of the Washington mileage of the fleet in question to the total
mileage of the fleet as reported pursuant to chapter 46.87 RCW to the fees that
would be required to purchase the additional weight allowance for all eligible
vehicles or combinations of vehicles for which the extra weight allowance is
requested.
When computing fees that result in an amount
other than full dollars, the fee shall be increased to the next full dollar if
fifty cents or over and shall be reduced to the next full dollar if forty-nine
cents or under. The minimum fee for any prorated tonnage permit issued under
this section shall be thirty-five dollars.))
When a combination of vehicles has been licensed to a total gross weight of 80,000 pounds or when a three or more axle single unit vehicle has been licensed to a total gross weight of 40,000 pounds, a temporary additional tonnage permit to haul loads in excess of these limits may be issued. This permit is valid for periods of not less than five days at four dollars and twenty cents per day for each two thousand pounds or fraction thereof. The fee may not be prorated. The permits shall authorize the movement of loads not exceeding the weight limits set forth in RCW 46.44.041 and 46.44.042.
Sec. 206. RCW 46.44.096 and 1989 c 398 s 4 are each amended to read as follows:
In determining fees according to RCW 46.44.0941, mileage on state primary and secondary highways shall be determined from the planning survey records of the department of transportation, and the gross weight of the vehicle or vehicles, including load, shall be declared by the applicant. Overweight on which fees shall be paid will be gross loadings in excess of loadings authorized by law or axle loadings in excess of loadings authorized by law, whichever is the greater. Loads which are overweight and oversize shall be charged the fee for the overweight permit without additional fees being assessed for the oversize features.
Special permits issued under RCW 46.44.047, 46.44.0941, or 46.44.095, may be obtained from offices of the department of transportation, ports of entry, or other agents appointed by the department.
The department may appoint agents for the purposes of selling special motor vehicle permits, temporary additional tonnage permits, and log tolerance permits. Agents so appointed may retain three dollars and fifty cents for each permit sold to defray expenses incurred in handling and selling the permits. If the fee is collected by the department of transportation, the department shall certify the fee so collected to the state treasurer for deposit to the credit of the motor vehicle fund.
Fees established in RCW 46.44.0941 shall be paid to the political body issuing the permit if the entire movement is to be confined to roads, streets, or highways for which that political body is responsible. When a movement involves a combination of state highways, county roads, and/or city streets the fee shall be paid to the state department of transportation. When a movement is confined within the city limits of a city or town upon city streets, including routes of state highways on city streets, all fees shall be paid to the city or town involved. A permit will not be required from city or town authorities for a move involving a combination of city or town streets and state highways when the move through a city or town is being confined to the route of the state highway. When a move involves a combination of county roads and city streets the fee shall be paid to the county authorities, but the fee shall not be collected nor the county permit issued until valid permits are presented showing the city or town authorities approve of the move in question. When the movement involves only county roads the fees collected shall be paid to the county involved. Fees established shall be paid to the political body issuing the permit if the entire use of the vehicle during the period covered by the permit shall be confined to the roads, streets, or highways for which that political body is responsible.
((If, pursuant to RCW 46.44.090, cities or
counties issue additional tonnage permits similar to those provided for
issuance by the state department of transportation in RCW 46.44.095, the state
department of transportation shall authorize the use of the additional tonnage
permits on state highways subject to the following conditions:
(1) The owner of the vehicle covered by such
permit shall establish to the satisfaction of the state department of
transportation that the primary use of the vehicle is on the streets or roads
of the city or county issuing the additional tonnage permit;
(2) That the fees paid for the additional
tonnage are not less than those established in RCW 46.44.095;
(3) That the city or county issuing the permit
shall allow the use of permits issued by the state pursuant to RCW 46.44.095 on
the streets or roads under its jurisdiction;
(4) That all of the provisions of RCW 46.44.042
and 46.44.041 shall be observed.
When the department of transportation is
satisfied that the above conditions have been met, the department of
transportation, by suitable endorsement on the permit, shall authorize its use
on such highways as the department has authorized for such permits pursuant to
RCW 46.44.095, and all such use of such highways is subject to whatever rules
and regulations the state department of transportation has adopted for the
permits.))
Sec. 207. RCW 46.68.035 and 1990 c 42 s 106 are each amended to read as follows:
All proceeds from combined vehicle licensing fees received by the director for vehicles licensed under RCW 46.16.070 and 46.16.085 shall be forwarded to the state treasurer to be distributed into accounts according to the following method:
(1) The sum of two dollars for each vehicle shall be deposited into the highway safety fund, except that for each vehicle registered by a county auditor or agent to a county auditor pursuant to RCW 46.01.140, the sum of two dollars shall be credited to the current county expense fund.
(2) The remainder shall be distributed as follows:
(a) ((25.862)) 17.054 percent
shall be deposited into the state patrol highway account of the motor vehicle
fund;
(b) ((1.661)) 1.509 percent shall
be deposited into the Puget Sound ferry operations account of the motor vehicle
fund; and
(c) The remaining proceeds shall be deposited into the motor vehicle fund.
NEW SECTION. Sec. 208. A new section is added to chapter 47.05 RCW to read as follows:
The rural economic diversification support program is established in the department of transportation for the purpose of selecting state highway, county road, and city street improvement projects to be funded from the taxes imposed for this purpose under RCW 82.36.025 and distributed under chapter 46.68 RCW and sections 209 and 210 of this act. In selecting improvement projects, the department shall consider the following criteria:
(1) Projects that reduce adverse economic impacts caused by road closures or restrictions under chapter 47.48 RCW;
(2) Projects that improve the year-round structural ability of the highway to carry legal loads; and
(3) Projects that have funding participation from other sources.
NEW SECTION. Sec. 209. A new section is added to chapter 46.68 RCW 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(6) shall be distributed monthly by the state treasurer in the following proportions:
(1) One-half cent per gallon shall be deposited in the motor vehicle fund solely for the purposes of constructing high occupancy vehicle lanes and related facilities, as defined in RCW 81.100.020 (3) and (4), and for paying the principal and interest on bonds issued for the purposes of constructing high occupancy vehicle lanes and related facilities;
(2) One and four-tenths cents per gallon 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. From amounts in the transportation fund appropriated to the department of transportation, an amount equivalent to funds collected by one-fourth cent per gallon motor fuel tax, shall be used for multimodal transportation projects and programs;
(3) Four-tenths of one cent per gallon shall be allocated to cities and towns as provided in RCW 46.68.110;
(4) One and sixty-five hundredths cents per gallon shall be allocated to counties as provided in RCW 46.68.120; and
(5) Seventy-five hundredths of one cent per gallon shall be allocated to the transportation improvement account in the motor vehicle fund and expended in accordance with RCW 47.26.084.
(6) Three-tenths of one cent per gallon shall be deposited in the motor vehicle fund solely for the purpose of constructing improvements to state highways, county roads, and city streets selected under the rural economic diversification support program established in section 208 of this act.
NEW SECTION. Sec. 210. A new section is added to chapter 46.68 RCW 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(7) shall be distributed monthly by the state treasurer in the following proportions:
(1) One-half cent per gallon shall be deposited in the motor vehicle fund solely for the purposes of constructing high occupancy vehicle lanes and related facilities, as defined in RCW 81.100.020 (3) and (4), and for paying the principal and interest on bonds issued for the purpose of constructing high occupancy vehicle lanes and related facilities;
(2) One cent per gallon 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. From amounts in the transportation fund appropriated to the department of transportation, an amount equivalent to funds collected from one-fourth cent per gallon motor fuel tax shall be used for multimodal transportation projects and programs;
(3) Four-tenths of one cent per gallon shall be allocated to cities and towns as provided in RCW 46.68.110;
(4) One and sixty-five hundredths cents per gallon shall be allocated to counties as provided in RCW 46.68.120;
(5) One-half cent per gallon shall be allocated to the transportation improvement account in the motor vehicle fund and expended in accordance with RCW 47.26.084;
(6) Two-tenths cent per gallon shall be deposited in the motor vehicle fund solely for the purpose of constructing improvements to state highways, county roads and city streets selected under the rural economic diversification support program established in section 208 of this act; and
(7) Seventy-five hundredths of one cent per gallon shall be deposited in the special category C account in the motor vehicle fund for special category C projects.
NEW SECTION. Sec. 211. A new section is added to chapter 46.68 RCW 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(8) shall be deposited monthly by the state treasurer into the motor vehicle fund and expended, for the purpose of reimbursing the high capacity transportation account for funds expended from that account by the department of transportation and such other state agencies as the legislature may determine to construct high occupancy vehicle lanes and related facilities, ferry vessels and terminals and related facilities, and other roadway-related uses eligible for funding from the motor vehicle fuel tax under existing law, in accordance with section 220 of this act.
Sec. 212. RCW 47.78.010 and 1991 sp.s. c 13 ss 66, 121 are each amended to read as follows:
There is hereby established in the state
treasury the high capacity transportation account. Money in the account shall
be used, after appropriation, for ((local high capacity transportation
purposes including rail freight)) the following purposes:
(1) For high capacity transportation purposes, including rail freight, from funds apportioned and distributed under RCW 82.44.150 (2)(a);
(2) For costs of the department of transportation for administration of the high capacity transportation account and for allocations to transit agencies to satisfy the funding requirements of extended payment grant contracts entered into in accordance with section 302 of this act between the department of transportation and transit agencies for the purpose of financing the capital costs of high capacity transportation systems, including the payment of obligations issued solely for those purposes. Funds deposited in the high capacity transportation account for the purposes of this subsection shall be administered by the department of transportation under RCW 81.104.090 and sections 302 and 317 of this act from funds distributed under section 218 of this act; and
(3) For expenditures, either directly by the department of transportation or through grants or loans to public transportation agencies, for the capital costs of high capacity transportation systems, passenger rail service, commuter rail systems, intercity rail service, high occupancy vehicle lanes and facilities, ferry vessels and terminals and related facilities, rural public transportation vehicles and facilities, vehicles and facilities necessary for public transportation systems to comply with the federal Americans with Disabilities Act, and other transportation purposes. Funds deposited in the high capacity transportation account for the purposes of this subsection shall be administered by the department of transportation under RCW 81.104.090 and sections 302 and 317 of this act from funds distributed under section 218 of this act.
For purposes of this section, capital costs include, but are not limited to: Alternatives analyses as set forth by the federal transit administration; design; engineering; project administration; right of way acquisition; construction costs; and the capital costs of facilities and equipment necessary to construct, operate, and maintain a high capacity transportation system, high occupancy vehicle facilities, associated roadways, and related pedestrian and bicycle facilities necessary to provide high capacity transportation systems authorized under chapter 81.104 RCW.
The department shall present a progress report each biennium on the use of the moneys from the account to the chairs of the committees on transportation of the senate and the house of representatives, including one copy to the staff of each of the committees.
As used in this section, "obligations" means bonds, notes, bond anticipation notes, commercial paper, or other obligations for borrowed money, or lease, installment purchase, or other similar financing agreements or certificates of participation in such agreements.
Sec. 213. RCW 81.104.170 and 1992 c 101 s 28 are each amended to read as follows:
Cities that operate transit systems, county transportation authorities, metropolitan municipal corporations, public transportation benefit areas, and regional transit authorities may submit an authorizing proposition to the voters and if approved by a majority of persons voting, fix and impose a sales and use tax in accordance with the terms of this chapter, solely for the purpose of providing high capacity transportation service.
The tax authorized pursuant to this section
shall be in addition to the tax authorized by RCW 82.14.030 and shall be
collected from those persons who are taxable by the state pursuant to chapters
82.08 and 82.12 RCW upon the occurrence of any taxable event within the taxing
district. The maximum rate of such tax shall be approved by the voters and
shall not exceed five-tenths of one percent of the selling price (in the
case of a sales tax) or value of the article used (in the case of a use tax).
The maximum rate of such tax that may be imposed shall not exceed ((nine‑tenths))
four-tenths of one percent in any county that imposes a tax under RCW
82.14.340, or within a regional transit authority if any county within the
authority imposes a tax under RCW 82.14.340. The tax rate provided in this
section may be modified in accordance with section 303 of this act.
Sec. 214. RCW 82.08.0255 and 1983 1st ex.s. c 35 s 2 and 1983 c 108 s 1 are each reenacted and amended to read as follows:
(1) The tax levied by RCW 82.08.020 shall not apply to sales of:
(a) Motor vehicle fuel used in aircraft by the manufacturer thereof for research, development, and testing purposes; and
(b) Motor vehicle ((and special fuel if:
(i) The fuel is purchased for the purpose of
public transportation and the purchaser is entitled to a refund or an exemption
under RCW 82.36.275 or 82.38.080(9); or
(ii) The fuel is purchased by a private,
nonprofit transportation provider certified under chapter 81.66 RCW and the
purchaser is entitled to a refund or an exemption under RCW 82.36.285 or
82.38.080(8); or
(iii) The fuel is taxable under chapter 82.36
or 82.38 RCW)) fuel purchased
by a person entitled to an exemption under RCW 82.36.245.
(2) Any person who has paid the tax imposed by RCW 82.08.020 on the sale of special fuel delivered in this state shall be entitled to a credit or refund of such tax with respect to fuel subsequently established to have been actually transported and used outside this state by persons engaged in interstate commerce. The tax shall be claimed as a credit or refunded through the tax reports required under RCW 82.38.150.
(3) Any person who has paid the tax imposed by RCW 82.08.020 on the sale of motor vehicle or special fuel may apply to the director of the department of licensing and shall be entitled to a refund of the tax if:
(a) The fuel is purchased for the purpose of public transportation and the purchaser is entitled to a refund or an exemption under RCW 82.36.275 or 82.38.080(9); or
(b) The fuel is purchased by a private, nonprofit transportation provider certified under chapter 81.66 RCW and the purchaser is entitled to a refund or an exemption under RCW 82.36.285 or 82.38.080(8).
Sec. 215. RCW 82.08.050 and 1992 c 206 s 2 are each amended to read as follows:
The tax hereby imposed shall be paid by the buyer to the seller, and each seller shall collect from the buyer the full amount of the tax payable in respect to each taxable sale in accordance with the schedule of collections adopted by the department pursuant to the provisions of RCW 82.08.060. The tax required by this chapter, to be collected by the seller, shall be deemed to be held in trust by the seller until paid to the department, and any seller who appropriates or converts the tax collected to his or her own use or to any use other than the payment of the tax to the extent that the money required to be collected is not available for payment on the due date as prescribed in this chapter shall be guilty of a gross misdemeanor.
In case any seller fails to collect the tax herein imposed or having collected the tax, fails to pay it to the department in the manner prescribed by this chapter, whether such failure is the result of his or her own acts or the result of acts or conditions beyond his or her control, he or she shall, nevertheless, be personally liable to the state for the amount of the tax.
The amount of tax, until paid by the buyer to the seller or to the department, shall constitute a debt from the buyer to the seller and any seller who fails or refuses to collect the tax as required with intent to violate the provisions of this chapter or to gain some advantage or benefit, either direct or indirect, and any buyer who refuses to pay any tax due under this chapter shall be guilty of a misdemeanor. The tax required by this chapter to be collected by the seller shall be stated separately from the selling price in any sales invoice or other instrument of sale. On all retail sales through vending machines, the tax need not be stated separately from the selling price or collected separately from the buyer. On all retail sales of motor vehicle and special fuel delivered through a measuring device which automatically computes the selling price as a multiple of the unit price times the delivered volume, the tax need not be separate from the selling price or collected separately from the buyers. For purposes of determining the tax due from the buyer to the seller and from the seller to the department it shall be conclusively presumed that the selling price quoted in any price list, sales document, contract or other agreement between the parties does not include the tax imposed by this chapter, but if the seller advertises the price as including the tax or that the seller is paying the tax, the advertised price shall not be considered the selling price.
Where a buyer has failed to pay to the seller the tax imposed by this chapter and the seller has not paid the amount of the tax to the department, the department may, in its discretion, proceed directly against the buyer for collection of the tax, in which case a penalty of ten percent may be added to the amount of the tax for failure of the buyer to pay the same to the seller, regardless of when the tax may be collected by the department; and all of the provisions of chapter 82.32 RCW, including those relative to interest and penalties, shall apply in addition; and, for the sole purpose of applying the various provisions of chapter 82.32 RCW, the twenty-fifth day of the month following the tax period in which the purchase was made shall be considered as the due date of the tax.
Sec. 216. RCW 82.12.0256 and 1983 1st ex.s. c 35 s 3 and 1983 c 108 s 2 are each reenacted and amended to read as follows:
The provisions of this chapter shall not apply in respect to the use of:
(1) Motor vehicle fuel used in aircraft by the
manufacturer thereof for research, development, and testing purposes; ((and))
(2) Motor vehicle fuel used by a person entitled to the exemption under RCW 82.36.245;
(3) Special fuel purchased in this state upon which a refund is obtained as provided in RCW 82.38.180(2); and
(((3))) (4) Motor vehicle and
special fuel if:
(a) The fuel is used for the purpose of public transportation and the purchaser is entitled to a refund or an exemption under RCW 82.36.275 or 82.38.080(9); or
(b) The fuel is purchased by a private,
nonprofit transportation provider certified under chapter 81.66 RCW and the
purchaser is entitled to a refund or an exemption under RCW 82.36.285 or
82.38.080(8)((; or
(c) The fuel is taxable under chapter 82.36 or
82.38 RCW: PROVIDED, That the use of motor vehicle and special fuel upon which
a refund of the applicable fuel tax is obtained shall not be exempt under this
subsection (3)(c), and the director of licensing shall deduct from the amount
of such tax to be refunded the amount of tax due under this chapter and remit
the same each month to the department of revenue)).
Sec. 217. RCW 82.14.045 and 1991 c 363 s 158 are each amended to read as follows:
(1) The legislative body of any city pursuant
to RCW 35.92.060, of any county which has created an unincorporated
transportation benefit area pursuant to RCW 36.57.100 and 36.57.110, of any
public transportation benefit area pursuant to RCW 36.57A.080 and 36.57A.090,
of any county transportation authority established pursuant to chapter 36.57
RCW, and of any metropolitan municipal corporation within a county with a
population of one million or more pursuant to chapter 35.58 RCW, may, by
resolution or ordinance for the sole purpose of providing funds for the
operation, maintenance, or capital needs of new public transportation
systems and in lieu of the excise taxes authorized by RCW 35.95.040, submit an
authorizing proposition to the voters or include such authorization in a
proposition to ((perform)) begin performing the function of
public transportation and if approved by a majority of persons voting thereon,
fix and impose a sales and use tax in accordance with the terms of this
chapter: PROVIDED, That no such legislative body shall impose such a sales and
use tax without submitting such an authorizing proposition to the voters and
obtaining the approval of a majority of persons voting thereon: PROVIDED
FURTHER, That where such a proposition is submitted by a county on behalf of an
unincorporated transportation benefit area, it shall be voted upon by the
voters residing within the boundaries of such unincorporated transportation
benefit area and, if approved, the sales and use tax shall be imposed only
within such area. Notwithstanding any provisions of this section to the
contrary, any county in which a county public transportation plan has been
adopted pursuant to RCW 36.57.070 and the voters of such county have authorized
the imposition of a sales and use tax pursuant to the provisions of section 10,
chapter 167, Laws of 1974 ex. sess., prior to July 1, 1975, shall be authorized
to fix and impose a sales and use tax as provided in this section at not to
exceed the rate so authorized without additional approval of the voters of such
county as otherwise required by this section.
The tax authorized pursuant to this section
shall be in addition to the tax authorized by RCW 82.14.030 and shall be
collected from those persons who are taxable by the state pursuant to chapters
82.08 and 82.12 RCW upon the occurrence of any taxable event within such city,
public transportation benefit area, county, or metropolitan municipal
corporation as the case may be. The rate of such tax shall be one-tenth,
two-tenths, three-tenths, four-tenths, five-tenths, or six-tenths of one
percent of the selling price (in the case of a sales tax) or value of the
article used (in the case of a use tax). For the initial vote to start the
system, the rate of such tax shall not exceed the rate authorized by the
voters ((unless such increase shall be similarly approved)). After
initial voter approval of the sales and use tax pursuant to the provisions of
this section, the legislative body of the public transportation system shall be
authorized to fix and impose increases in increments of one-tenth of one
percent not to exceed the maximum rate authorized in this section.
(2)(a) In the event a metropolitan municipal corporation shall impose a sales and use tax pursuant to this chapter no city, county which has created an unincorporated transportation benefit area, public transportation benefit area authority, or county transportation authority wholly within such metropolitan municipal corporation shall be empowered to levy and/or collect taxes pursuant to RCW 35.58.273, 35.95.040, and/or 82.14.045, but nothing herein shall prevent such city or county from imposing sales and use taxes pursuant to any other authorization.
(b) In the event a county transportation authority shall impose a sales and use tax pursuant to this section, no city, county which has created an unincorporated transportation benefit area, public transportation benefit area, or metropolitan municipal corporation, located within the territory of the authority, shall be empowered to levy or collect taxes pursuant to RCW 35.58.273, 35.95.040, or 82.14.045.
(c) In the event a public transportation benefit area shall impose a sales and use tax pursuant to this section, no city, county which has created an unincorporated transportation benefit area, or metropolitan municipal corporation, located wholly or partly within the territory of the public transportation benefit area, shall be empowered to levy or collect taxes pursuant to RCW 35.58.273, 35.95.040, or 82.14.045.
(3) Any local sales and use tax revenue collected pursuant to this section by any city or by any county for transportation purposes pursuant to RCW 36.57.100 and 36.57.110 shall not be counted as locally generated tax revenues for the purposes of apportionment and distribution, in the manner prescribed by chapter 82.44 RCW, of the proceeds of the motor vehicle excise tax authorized pursuant to RCW 35.58.273.
NEW SECTION. Sec. 218. A new section is added to chapter 82.32 RCW to read as follows:
By the last day of each calendar quarter the department of revenue shall provide the state treasurer with an estimate of the amount of revenue received from taxes imposed under chapters 82.08 and 82.12 RCW attributable to sales or uses of motor vehicle and special fuels during the preceding calendar quarter and the department of transportation shall certify to the amount of such funds which must be used for the purposes specified in RCW 47.78.010 (2) and (3). Upon receipt of the estimate, and certification, the state treasurer shall transfer the estimated amounts from the general fund to the high capacity transportation account in the transportation fund and specify the amount of the funds which must be available for the purposes specified in RCW 47.78.010 (2) and (3).
NEW SECTION. Sec. 219. A new section is added to chapter 82.32 RCW to read as follows:
In making the certification required in section 218 of this act, the department of transportation shall make determinations of the amounts required to be deposited in the high capacity transportation account for the purposes specified in RCW 47.78.010 (2) and (3) in the following priority:
(1) For the purposes specified in RCW 47.78.010(2) the following percentages of available funds for the periods specified:
(a) From July 1, 1993, until July 1, 1994: Twenty percent;
(b) From July 1, 1994, until July 1, 1995: Forty-five percent;
(c) From July 1, 1995, until July 1, 1996: Eighty percent;
(d) From July 1, 1996, until July 1, 2011: One hundred percent; and
(e) After July 1, 2011: Seventy percent.
(2) For the purposes specified in RCW 47.78.010(3), remaining revenues estimated to have been collected from such taxes in the prior quarter shall be transferred to the high capacity transportation account to be used for purposes specified.
The amounts certified under subsections (1) and (2) of this section shall be limited to amounts appropriated and shall not exceed the amounts specified in extended payment agreements entered into under section 302 of this act.
Sec. 220. 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.
(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.
(6) An additional motor vehicle fuel tax rate of five cents per gallon from July 1, 1993, applies to the sale, distribution, or use of motor vehicle fuel. The proceeds from the additional tax rate in 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 vehicle 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 section 209 of this act.
(7) An additional motor vehicle fuel tax rate of five cents per gallon from July 1, 1994, applies to the sale, distribution, or use of motor vehicle fuel. The proceeds from the additional tax rate in 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 vehicle 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 section 210 of this act.
(8) An additional motor vehicle fuel tax rate to be defined in cents per gallon, not to exceed two cents per gallon, applied to the sale, distribution, or use of motor vehicle fuel, shall be determined by the legislature for the purpose of reimbursing the high capacity transportation account for funds expended from that account to construct high occupancy vehicle lanes and facilities and other transportation purposes specified in section 211 of this act during the period beginning July 1, 1993, and ending June 30, 1999. The additional fuel tax rate shall be imposed for the period beginning July 1, 1997, and ending June 30, 2003. The proceeds from the additional tax rate in 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 vehicle 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 section 211 of this act.
Sec. 221. RCW 82.36.415 and 1987 c 220 s 4 are each amended to read as follows:
At least once each fiscal year, the director
shall request the state treasurer to refund from the motor vehicle fund, to the
aeronautics account created under RCW 82.42.090, an amount equal to 0.028
percent of the gross motor vehicle fuel tax less an amount equal to aircraft
fuel taxes transferred to that account as a result of nonhighway refunds
claimed by motor fuel purchasers. The refund shall be considered compensation
for unclaimed motor vehicle fuel that is used in aircraft for purposes taxable
under RCW 82.42.020. ((The director shall also remit from the motor vehicle
fund the taxes required by RCW 82.12.0256(3)(c) for the unclaimed refunds,
provided that the sum of the amount refunded and the amount remitted in
accordance with RCW 82.12.0256(3)(c) shall not exceed the unclaimed refunds.))
Sec. 222. RCW 82.36.440 and 1991 c 173 s 4 are each amended to read as follows:
The tax levied in this chapter is in lieu of any excise, privilege, or occupational tax upon the business of manufacturing, selling, or distributing motor vehicle fuel, and no city, town, county, township or other subdivision or municipal corporation of the state shall levy or collect any excise tax upon or measured by the sale, receipt, distribution, or use of motor vehicle fuel, except as provided in RCW 82.14.030, 82.80.010, and 82.47.020.
Sec. 223. RCW 82.38.280 and 1991 c 173 s 5 are each amended to read as follows:
The tax levied in this chapter is in lieu of any excise, privilege, or occupational tax upon the business of manufacturing, selling, or distributing special fuel, and no city, town, county, township or other subdivision or municipal corporation of the state shall levy or collect any excise tax upon or measured by the sale, receipt, distribution, or use of special fuel, except as provided in RCW 82.14.030, 82.80.010, and 82.47.020.
Sec. 224. RCW 82.80.010 and 1991 c 339 s 12 are each amended to read as follows:
(1) Subject to the conditions of this section,
any county may levy((, by approval of its legislative body and a majority of
the registered voters of the county voting on the proposition at a general or
special election,)) additional excise taxes equal to ten percent of the
state-wide motor vehicle fuel tax rate under RCW 82.36.025 on each gallon of
motor vehicle fuel as defined in RCW 82.36.010(2) and on each gallon of special
fuel as defined in RCW 82.38.020(5) sold within the boundaries of the county.
Vehicles paying an annual license fee under RCW 82.38.075 are exempt from the
county fuel excise tax. ((An election held under this section must be held
not more than twelve months before the date on which the proposed tax is to be
levied. The ballot setting forth the proposition shall state the tax rate that
is proposed.)) The county's authority to levy additional excise taxes
under this section includes the incorporated and unincorporated areas of the
county. The additional excise taxes are subject to the same exceptions and
rights of refund as applicable to other motor vehicle fuel and special fuel
excise taxes levied under chapters 82.36 and 82.38 RCW. ((The proposed tax shall
not be levied less than one month from the date the election results are
certified by the county election officer.)) The commencement date for the
levy of any tax under this section shall be the first day of January, April,
July, or October.
(2) Every person subject to the tax shall pay, in addition to any other taxes provided by law, an additional excise tax to the director of licensing at the rate levied by a county exercising its authority under this section.
(3) The state treasurer shall distribute monthly to the levying county and cities contained therein the proceeds of the additional excise taxes collected under this section, after the deductions for payments and expenditures as provided in RCW 46.68.090 (1) and (2) and under the conditions and limitations provided in RCW 82.80.080.
(4) The proceeds of the additional excise taxes levied under this section shall be used strictly for transportation purposes in accordance with RCW 82.80.070.
(5) The department of licensing shall administer and collect the county fuel taxes. The department shall deduct a percentage amount, as provided by contract, for administrative, collection, refund, and audit expenses incurred. The remaining proceeds shall be remitted to the custody of the state treasurer for monthly distribution under RCW 82.80.080.
Sec. 225. RCW 82.80.090 and 1990 c 42 s 214 are each amended to read as follows:
A referendum petition to repeal a county or city ordinance imposing a tax or fee authorized under RCW 82.80.010, 82.80.020, and 82.80.030 must be filed with a filing officer, as identified in the ordinance, within seven days of passage of the ordinance. Within ten days, the filing officer shall confer with the petitioner concerning form and style of the petition, issue an identification number for the petition, and write a ballot title for the measure. The ballot title shall be posed as a question so that an affirmative answer to the question and an affirmative vote on the measure results in the tax or fee being imposed and a negative answer to the question and a negative vote on the measure results in the tax or fee not being imposed. The petitioner shall be notified of the identification number and ballot title within this ten-day period.
After this notification, the petitioner has thirty days in which to secure on petition forms the signatures of not less than fifteen percent of the registered voters of the county for county measures, or not less than fifteen percent of the registered voters of the city for city measures, and to file the signed petitions with the filing officer. Each petition form must contain the ballot title and the full text of the measure to be referred. The filing officer shall verify the sufficiency of the signatures on the petitions. If sufficient valid signatures are properly submitted, the filing officer shall submit the referendum measure to the county or city voters at a general or special election held on one of the dates provided in RCW 29.13.010 as determined by the county or city legislative authority, which election shall not take place later than one hundred twenty days after the signed petition has been filed with the filing officer.
The referendum procedure provided in this section is the exclusive method for subjecting any county or city ordinance imposing a tax or fee under RCW 82.80.020 and 82.80.030 to a referendum vote.
Sec. 226. RCW 39.50.010 and 1985 c 332 s 8 are each amended to read as follows:
As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.
(1) "Governing body" means the legislative authority of a municipal corporation by whatever name designated;
(2) "Local improvement district" includes local improvement districts, utility local improvement districts, road improvement districts, and other improvement districts that a municipal corporation is authorized by law to establish;
(3) "Municipal corporation" means any city, town, county, water district, sewer district, school district, port district, public utility district, metropolitan municipal corporation, regional transit authority, public transportation benefit area, park and recreation district, irrigation district, or fire protection district or any other municipal or quasi municipal corporation described as such by statute, except joint operating agencies under chapter 43.52 RCW;
(4) "Ordinance" means an ordinance of a city or town or resolution or other instrument by which the governing body of the municipal corporation exercising any power under this chapter takes formal action and adopts legislative provisions and matters of some permanency; and
(5) "Short-term obligations" are warrants, notes, or other evidences of indebtedness, except bonds.
Sec. 227. RCW 82.44.150 and 1991 c 309 s 5 and 1991 c 199 s 222 are each reenacted and amended to read as follows:
(1) The director of licensing shall, on the twenty-fifth day of February, May, August, and November of each year, advise the state treasurer of the total amount of motor vehicle excise taxes imposed by RCW 82.44.020 (1) and (2) remitted to the department during the preceding calendar quarter ending on the last day of March, June, September, and December, respectively, except for those payable under RCW 82.44.030, from motor vehicle owners residing within each municipality which has levied a tax under RCW 35.58.273, which amount of excise taxes shall be determined by the director as follows:
The total amount of motor vehicle excise taxes remitted to the department, except those payable under RCW 82.44.020(3) and 82.44.030, from each county shall be multiplied by a fraction, the numerator of which is the population of the municipality residing in such county, and the denominator of which is the total population of the county in which such municipality or portion thereof is located. The product of this computation shall be the amount of excise taxes from motor vehicle owners residing within such municipality or portion thereof. Where the municipality levying a tax under RCW 35.58.273 is located in more than one county, the above computation shall be made by county, and the combined products shall provide the total amount of motor vehicle excise taxes from motor vehicle owners residing in the municipality as a whole. Population figures required for these computations shall be supplied to the director by the office of financial management, who shall adjust the fraction annually.
(2) On the first day of the months of January,
April, July, and October of each year, the state treasurer based upon
information provided by the department shall, from motor vehicle excise taxes
deposited in the general fund, under RCW 82.44.110(((7)))(1)(g),
make the following deposits:
(a) To the high capacity transportation account created in RCW 47.78.010, a sum equal to four and five-tenths percent of the special excise tax levied under RCW 35.58.273 by those municipalities authorized to levy a special excise tax within (i) each county with a population of two hundred ten thousand or more and (ii) each county with a population of from one hundred twenty-five thousand to less than two hundred ten thousand except for those counties that do not border a county with a population as described in subsection (i) of this subsection;
(b) To the central Puget Sound public transportation account created in RCW 82.44.180, for revenues distributed after December 31, 1992, within a county with a population of one million or more and a county with a population of from two hundred thousand to less than one million bordering a county with a population of one million or more, a sum equal to the difference between (i) the special excise tax levied and collected under RCW 35.58.273 by those municipalities authorized to levy and collect a special excise tax subject to the requirements of subsections (3) and (4) of this section and (ii) the special excise tax that the municipality would otherwise have been eligible to levy and collect at a tax rate of .815 percent and been able to match with locally generated tax revenues, and revenues derived from system operations, when locally generated tax revenues collected by the municipality may be counted as matching revenues for the purposes of this subsection other than the excise tax imposed under RCW 35.58.273, budgeted for any public transportation purpose. Before this deposit, the sum shall be reduced by an amount equal to the amount distributed under (a) of this subsection for each of the municipalities within the counties to which this subsection (2)(b) applies; however, any transfer under this subsection (2)(b) must be greater than zero;
(c) To the public transportation systems account created in RCW 82.44.180, for revenues distributed after December 31, 1992, within counties not described in (b) of this subsection, a sum equal to the difference between (i) the special excise tax levied and collected under RCW 35.58.273 by those municipalities authorized to levy and collect a special excise tax subject to the requirements of subsections (3) and (4) of this section and (ii) the special excise tax that the municipality would otherwise have been eligible to levy and collect at a tax rate of .815 percent and been able to match with locally generated tax revenues, and revenues derived from system operations, when locally generated tax revenues collected by the municipality may be counted as matching revenues for the purposes of this subsection other than the excise tax imposed under RCW 35.58.273, budgeted for any public transportation purpose. Before this deposit, the sum shall be reduced by an amount equal to the amount distributed under (a) of this subsection for each of the municipalities within the counties to which this subsection (2)(c) applies; however, any transfer under this subsection (2)(c) must be greater than zero; and
(d) To the transportation fund created in RCW 82.44.180, for revenues distributed after June 30, 1991, a sum equal to the difference between (i) the special excise tax levied and collected under RCW 35.58.273 by those municipalities authorized to levy and collect a special excise tax subject to the requirements of subsections (3) and (4) of this section and (ii) the special excise tax that the municipality would otherwise have been eligible to levy and collect at a tax rate of .815 percent notwithstanding the requirements set forth in subsections (3) through (6) of this section, reduced by an amount equal to distributions made under (a), (b), and (c) of this subsection.
(3) On the first day of the months of January, April, July, and October of each year, the state treasurer, based upon information provided by the department, shall remit motor vehicle excise tax revenues imposed and collected under RCW 35.58.273 as follows:
(a) The amount required to be remitted by the state treasurer to the treasurer of any municipality levying the tax shall not exceed in any calendar year the total of: (i) The amount of locally-generated tax revenues, excluding the excise tax imposed under RCW 35.58.273 for the purposes of this section, and (ii) revenues, excluding federal revenues, derived from system operations, when locally generated tax revenues collected by the municipality may be counted as matching revenues for the purposes of this subsection, which together shall have been budgeted by the municipality to be collected in such calendar year for any public transportation purposes including but not limited to operating costs, capital costs, and debt service on general obligation or revenue bonds issued for these purposes; and
(b) In no event may the amount remitted in a single calendar quarter exceed the amount collected on behalf of the municipality under RCW 35.58.273 during the calendar quarter next preceding the immediately preceding quarter.
(4) At the close of each calendar year
accounting period, but not later than April 1, each municipality that has
received motor vehicle excise taxes under subsection (3) of this section shall
transmit to the director of licensing and the state auditor a written report
showing by source the previous year's budgeted tax revenues and revenues,
excluding federal revenues, derived from system operations for public
transportation purposes as compared to actual collections. Any municipality
that has not submitted the report by April 1 shall cease to be eligible to
receive motor vehicle excise taxes under subsection (3) of this section until
the report is received by the director of licensing. If a municipality has
received more or less money under subsection (3) of this section for the period
covered by the report than it is entitled to receive by reason of its
locally-generated collected tax revenues and revenues, excluding federal
revenues, derived from system operations, the director of licensing shall,
during the next ensuing quarter that the municipality is eligible to receive
motor vehicle excise tax funds, increase or decrease the amount to be remitted
in an amount equal to the difference between the locally-generated budgeted ((tax))
revenues and the locally-generated collected ((tax)) revenues as
identified in subsection (3)(a) of this section. In no event may the
amount remitted for a calendar year exceed the amount collected on behalf of
the municipality under RCW 35.58.273 during that same calendar year. At the
time of the next fiscal audit of each municipality, the state auditor shall
verify the accuracy of the report submitted and notify the director of
licensing of any discrepancies.
(5) The motor vehicle excise taxes imposed under RCW 35.58.273 and required to be remitted under this section shall be remitted without legislative appropriation.
(6) Any municipality levying and collecting a tax under RCW 35.58.273 which does not have an operating, public transit system or a contract for public transportation services in effect within one year from the initial effective date of the tax shall return to the state treasurer all motor vehicle excise taxes received under subsection (3) of this section.
NEW SECTION. Sec. 228. The following acts or parts of acts are each repealed:
(1) RCW 46.44.160 and 1988 c 55 s 2, 1981 c 229 s 1, 1975-'76 2nd ex.s. c 64 s 21, & 1975 1st ex.s. c 196 s 1;
(2) RCW 82.36.225 and 1991 c 145 s 2, 1985 c 371 s 4, 1981 c 342 s 4, & 1980 c 131 s 3; and
(3) 1987 c 175 s 1 and 1980 c 166 s 5 (uncodified).
(End of part)
PART 3. HIGH CAPACITY TRANSPORTATION
Sec. 301. RCW 81.104.015 and 1992 c 101 s 19 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Account" means the high capacity transportation account, created in RCW 47.78.010 and comprised in part of revenues generated from sales tax on motor vehicle and special fuels.
(2) "Department" means the department of transportation.
(3) "Facilities" has the same meaning as defined in RCW 81.112.020.
(4) "High capacity transportation
system" means a system of public transportation services within an
urbanized region operating principally on exclusive rights of way, and the
supporting services and facilities necessary to implement such a system,
including expanded local transit service, interim ((express)) regional
services and high occupancy vehicle lanes, which taken as a whole, provides a
substantially higher level of passenger capacity, speed, and service frequency
than traditional public transportation systems operating principally in general
purpose roadways.
(((2))) (5) "Obligations"
means bonds, notes, bond anticipation notes, commercial paper, or other
obligations for borrowed money, or lease, installment purchase, or other
similar financing agreements or certificates of participation in such
agreements.
(6) "Regional transit system" means a high capacity transportation system under the jurisdiction of one or more transit agencies except where a regional transit authority created under chapter 81.112 RCW exists, in which case "regional transit system" means the high capacity transportation system under the jurisdiction of a regional transit authority.
(((3))) (7) "Secretary"
means the secretary of transportation.
(8) "Transit agency" means city-owned transit systems, county transportation authorities, metropolitan municipal corporations, and public transportation benefit areas.
NEW SECTION. Sec. 302. (1) The department may enter into contracts with eligible transit agencies that provide for extended grant payments to be made to the transit agencies out of the high capacity transportation account for the purpose of financing the capital costs of regional transit system facilities, solely for payment of debt service on obligations issued by the transit agencies solely for these capital purposes.
(2) In order to be eligible to receive funds from the high capacity transportation account under an extended payment grant contract and this chapter, a transit agency shall satisfy the following criteria:
(a) The transit agency has imposed one or more of the taxes granted it by RCW 81.104.150, 81.104.160, and 81.104.170 as dedicated funding sources for high capacity transportation systems; and
(b) The transit agency has complied with all eligibility requirements established by law and by the department of transportation relating to approval of the system plan and financing plan.
(3) All moneys appropriated by the legislature from the high capacity transportation account for the purposes specified in RCW 47.78.010(2) must be prorated among all eligible recipients that have entered into extended grant agreements under this section.
NEW SECTION. Sec. 303. If the state rescinds the imposition on consumers of the taxes under chapters 82.08 and 82.12 RCW on the sale or use of motor vehicle or special fuels, reduces the rate of the taxes, rescinds or reduces the allocation of the revenues of the taxes to the high capacity transportation account, or otherwise impairs the obligation of the department under an extended payment grant contract entered into with a transit agency under this chapter, the transit agency may, by resolution of its legislative authority, and notwithstanding any other provision of law, fix and impose a sales and use tax in accordance with the terms of this section, solely for the purpose of financing the capital costs of regional transit system facilities.
The tax authorized under this section is in addition to the tax authorized by RCW 81.104.170 and 82.14.030 and shall be collected from those persons who are taxable by the state under chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the taxing district. The maximum rate of the tax shall not exceed five-tenths of one percent of the selling price for a sales tax or value of the article used for a use tax.
Transit agencies may pledge revenues from the tax authorized in this section to retire bonds or other obligations issued solely for the purpose of financing the capital costs of regional transit system facilities.
Sec. 304. RCW 81.104.010 and 1992 c 101 s 18 are each amended to read as follows:
Increasing congestion on Washington's roadways
calls for identification and implementation of high capacity transportation
system alternatives. The legislature finds there is a state-wide interest
to be served by granting funds to regional transit authorities and other transit
agencies for advanced planning, design, construction, and ongoing capital costs
of high capacity transit. The legislature ((believes)) finds
that the state and local jurisdictions should coordinate and be
responsible for high capacity transportation policy development, program
planning, and implementation. The state should assist by working with local
agencies on issues involving high capacity transportation plan development,
rights of way, ((partially)) and financing ((projects meeting))
high capacity transportation systems that meet established state
criteria including development and completion of the high occupancy vehicle
lane system, authorizing local jurisdictions to finance high capacity
transportation systems ((through voter‑approved tax options)), and
providing technical assistance and information.
Sec. 305. RCW 81.104.020 and 1991 c 318 s 2 are each amended to read as follows:
The department of transportation's current
policy and implementation role in transit is expanded to include ((other))
high capacity transportation development as part of a multimodal transportation
system.
(1) The department of transportation shall implement a program for high capacity transportation coordination, planning, development, implementation, and technical studies with appropriations from the high capacity transportation account.
(2) The department shall participate in and assist local jurisdictions and regional transportation planning organizations with high capacity transportation planning efforts.
Sec. 306. RCW 81.104.050 and 1992 c 101 s 22 are each amended to read as follows:
Regional high capacity transportation service may be expanded beyond the established district boundaries through interlocal agreements among the transit agencies and any regional transit authorities in existence, and the department of transportation, if appropriate.
Sec. 307. RCW 81.104.060 and 1991 c 318 s 6 are each amended to read as follows:
(1) The state's planning role in high capacity transportation development as one element of a multimodal transportation system should facilitate cooperative state and local planning efforts.
(2) The department of transportation may serve as a contractor for high capacity transportation system and project design, administer construction, and assist agencies authorized to provide service in the acquisition, preservation, and joint use of rights of way, as well as participate in financing, development, and implementation of system plans.
(3) The department and local jurisdictions shall continue to cooperate with respect to the development of high occupancy vehicle lanes and related facilities, associated roadways, transfer stations, people mover systems developed either by the public or private sector, and other related projects.
(4) The department in cooperation with local
jurisdictions shall develop policies and programs which enhance and
implement the development of ((high)) higher speed
interregional systems or commuter rail systems by both the private and
the public sector. These policies and programs may address service,
joint use of rights of way, identification and preservation of transportation
corridors, ((and)) joint development of stations and other facilities,
and financial participation in capital and operating programs.
Sec. 308. RCW 81.104.070 and 1990 c 43 s 28 are each amended to read as follows:
(1) The state ((shall not become an
operating agent for regional high capacity transportation systems)) may
participate in such activities as are defined in RCW 81.104.060.
(2) Agencies providing high capacity transportation service are responsible for planning, construction, operations, and funding including station area design and development, and parking facilities. Agencies may implement necessary contracts, joint development agreements, and interlocal government agreements. Agencies providing service shall consult with affected local jurisdictions and cooperate with comprehensive planning processes.
Sec. 309. RCW 81.104.100 and 1992 c 101 s 23 are each amended to read as follows:
To assure development of an effective high capacity transportation system, local authorities shall follow the following planning process:
(1) Regional, multimodal transportation planning is the ongoing urban transportation planning process conducted in each urbanized area by its regional transportation planning organization. During this process, regional transportation goals are identified, travel patterns are analyzed, and future land use and travel are projected. The process provides a comprehensive view of the region's transportation needs but does not select specified modes to serve those needs. The process shall identify a priority corridor or corridors for further study of high capacity transportation facilities if it is deemed feasible by local officials.
(2) High capacity transportation system planning is the detailed evaluation of a range of high capacity transportation system options, including: Do nothing, low capital, and ranges of higher capital facilities. To the extent possible this evaluation shall take into account the urban mass transportation administration's requirements identified in subsection (3) of this section.
High capacity transportation system planning shall proceed as follows:
(a) Organization and management. The responsible local transit agency or agencies shall define roles for various local agencies, review background information, provide for public involvement, and develop a detailed work plan for the system planning process.
(b) Development of options. Options to be studied shall be developed to ensure an appropriate range of technologies and service policies can be evaluated. A do-nothing option and a low capital option that maximizes the current system shall be developed. Several higher capital options that consider a range of capital expenditures for several candidate technologies shall be developed.
(c) Analysis methods. The local transit agency shall develop reports describing the analysis and assumptions for the estimation of capital costs, operating and maintenance costs, methods for travel forecasting, a financial plan and an evaluation methodology.
(d) The system plan submitted to the voters pursuant to RCW 81.104.140 shall address, but is not limited to the following issues:
(i) Identification of level and types of high capacity transportation services to be provided;
(ii) A plan of high occupancy vehicle lanes to be constructed;
(iii) Identification of route alignments and station locations with sufficient specificity to permit calculation of costs, ridership, and system impacts;
(iv) Performance characteristics of technologies in the system plan;
(v) Patronage forecasts;
(vi) A financing plan describing: Phasing of investments; capital and operating costs and expected revenues; cost-effectiveness represented by a total cost per system rider and new rider estimate; estimated ridership and the cost of service for each individual high capacity line; and identification of the operating revenue to operating expense ratio.
The financing plan shall specifically
differentiate the proposed use of funds between high capacity transportation
facilities and services, ((and)) high occupancy vehicle facilities,
and expanded local services;
(vii) Description of the relationship between the high capacity transportation system plan and adopted land use plans;
(viii) An assessment of social, economic, and environmental impacts; and
(ix) Mobility characteristics of the system presented, including but not limited to: Qualitative description of system/service philosophy and impacts; qualitative system reliability; travel time and number of transfers between selected residential, employment, and activity centers; and system and activity center mode splits.
(3) High capacity transportation project planning is the detailed identification of alignments, station locations, equipment and systems, construction schedules, environmental effects, and costs. High capacity transportation project planning shall proceed as follows: The local transit agency shall analyze and produce information needed for the preparation of environmental impact statements. The impact statements shall address the impact that development of such a system will have on abutting or nearby property owners. The process of identification of alignments and station locations shall include notification of affected property owners by normal legal publication. At minimum, such notification shall include notice on the same day for at least three weeks in at least two newspapers of general circulation in the county where such project is proposed. Special notice of hearings by the conspicuous posting of notice, in a manner designed to attract public attention, in the vicinity of areas identified for station locations or transfer sites shall also be provided.
In order to increase the likelihood of future
federal funding, the project planning processes shall follow the ((urban
mass transportation)) federal transit administration's requirements
as described in "Procedures and Technical Methods for Transit Project
Planning", published by the United States department of transportation,
urban mass transportation administration, September 1986, or the most recent
edition. Nothing in this subsection shall be construed to preclude detailed
evaluation of more than one corridor in the planning process.
The department of transportation shall provide system and project planning review and monitoring in cooperation with the expert review panel identified in RCW 81.104.110. In addition, the local transit agency shall maintain a continuous public involvement program and seek involvement of other government agencies.
Sec. 310. RCW 81.104.120 and 1992 c 101 s 24 are each amended to read as follows:
(1) ((Transit agencies and)) Regional
transit authorities, the department of transportation, and transit agencies
that qualify as high capacity transit eligible systems may operate or
contract for commuter rail service where it is deemed to be a reasonable
alternative transit mode. A reasonable alternative is one whose passenger
costs per mile, including costs of trackage, equipment, maintenance,
operations, and administration are equal to or less than comparable bus,
entrained bus, trolley, or personal rapid transit systems.
(2) A county may use funds collected under RCW 81.100.030 or 81.100.060 to contract with one or more transit agencies or regional transit authorities for planning, operation, and maintenance of commuter rail projects which: (a) Are consistent with the regional transportation plan; (b) have met the project planning and oversight requirements of RCW 81.104.100 and 81.104.110; and (c) have been approved by the voters within the service area of each transit agency or regional transit authority participating in the project. The phrase "approved by the voters" includes specific funding authorization for the commuter rail project.
(3) Prior to the department initiating either a contract to operate or the operation of any commuter rail program, the department shall conduct a detailed analysis of such a project, using the following criteria: The service provides the local element of a larger interregional system; it conforms with the regional transportation plan; it performs well within a list of options, including do-nothing, low and high-capital and operating considerations, and ridership potential. If applicable, such a project must be consistent with the regional high capacity transit system plan. The department may seek assistance from an independent oversight committee. A biennial evaluation must be performed by the department for the purpose of determining the interest in continuing the commuter rail programs. The legislature may appropriate funds directly to the department for detailed analysis and operation of commuter rail programs, including capital and operating assistance.
(4) The state may have primary responsibility and authority for developing, contracting, or operating high capacity transportation service on state-regulated rail rights of way.
(5) The utilities and transportation commission shall maintain safety responsibility for passenger rail service operating on freight rail lines. Agencies providing passenger rail service on lines other than freight rail lines shall maintain safety responsibility for that service.
Sec. 311. RCW 81.104.130 and 1990 c 43 s 34 are each amended to read as follows:
Agencies providing high capacity transportation
service shall determine optimal ((debt-to-equity ratios, establish))
capital and operations allocations, ((and)) establish fare-box recovery return
policy, and establish other financial policies relating to the operation of
the service.
Sec. 312. RCW 81.112.010 and 1992 c 101 s 1 are each amended to read as follows:
The legislature recognizes that existing transportation facilities in the central Puget Sound area are inadequate to address mobility needs of the area. The geography of the region, travel demand growth, and public resistance to new roadways combine to further necessitate the rapid development of alternative modes of travel.
The legislature finds that there is a state-wide interest to be served by assisting and participating in the planning of high capacity transit systems and by granting funds to regional transit authorities for planning, design, construction, and capital costs of high capacity transit.
The legislature finds that local governments have been effective in cooperatively planning a multicounty, high capacity transportation system. However, a continued multijurisdictional approach to funding, construction, and operation of a multicounty high capacity transportation system may impair the successful implementation of such a system.
The legislature finds that a single agency will be more effective than several local jurisdictions working collectively at planning, developing, operating, and funding a high capacity transportation system. The single agency's services must be carefully integrated and coordinated with public transportation services currently provided. As the single agency's services are established, any public transportation services currently provided that are duplicative should be eliminated. Further, the single agency must coordinate its activities with other agencies providing local and state roadway services, implementing comprehensive planning, and implementing transportation demand management programs and assist in developing infrastructure to support high capacity systems including but not limited to feeder systems, park and ride facilities, intermodal centers, and related roadway and operational facilities. Coordination can be best achieved through common governance, such as integrated governing boards.
It is therefore the policy of the state of Washington to empower counties in the state's most populous region to create a local agency for planning and implementing a high capacity transportation system within that region. The authorization for such an agency, except as specifically provided in this chapter, is not intended to limit the powers of existing transit agencies.
Sec. 313. RCW 81.112.030 and 1992 c 101 s 3 are each amended to read as follows:
Two or more contiguous counties each having a population of four hundred thousand persons or more may establish a regional transit authority to develop and operate a high capacity transportation system as defined in chapter 81.104 RCW.
The authority shall be formed in the following manner:
(1) The joint regional policy committee created
pursuant to RCW 81.104.040 shall adopt a system and financing plan, including
the definition of the service area. This action shall be completed by
September 1, 1992, contingent upon satisfactory completion of the planning
process defined in RCW 81.104.100. In addition to the requirements of RCW
81.104.100, the plan for the proposed system shall provide explicitly for a
minimum portion of new local tax revenues to be allocated by the
regional transit authority to local transit agencies for ((interim
express services)) expanded local transit service and interim regional
services and high occupancy vehicle lanes. Upon adoption the joint
regional policy committee shall immediately transmit the plan to the county
legislative authorities within the adopted service area.
(2) The legislative authorities of the counties within the service area shall decide by resolution whether to participate in the authority. This action shall be completed within forty-five days following receipt of the adopted plan.
(3) If any of the counties does not opt to participate in the authority, the joint regional policy committee shall, within forty-five days, redefine the system and financing plan and resubmit the adopted redefined plan to the remaining county legislative authorities for their decision as to whether to participate. This action shall be completed within forty-five days following receipt of the redefined plan.
(4) Each county that chooses to participate in
the authority shall appoint its board members as set forth in RCW 81.112.040
and shall submit its list of members to the secretary ((of the Washington
state department of transportation)). These actions must be completed
within thirty days following each county's decision to participate in the
authority.
(5) The secretary shall call the first meeting of the authority, to be held within thirty days following receipt of the appointments. At its first meeting, the authority shall elect officers and provide for the adoption of rules and other operating procedures.
(6) The authority is formally constituted at its first meeting and the board shall begin taking steps toward implementation of the system and financing plan adopted by the joint regional policy committee. Upon formation of the authority, the joint regional policy committee shall cease to exist. The authority may make minor modifications to the plan as deemed necessary and shall at a minimum review local transit agencies' plans to ensure feeder service/high capacity transit service integration, ensure fare integration, and ensure avoidance of parallel competitive services.
(7) The authority shall place on the ballot
within two years of the authority's formation, a single ballot proposition to
((ratify formation of the authority,)) approve the system and finance
plan((,)) and authorize the imposition of the local taxes to
support the plan within its service area. In addition to the system plan
requirements contained in RCW 81.104.100(2)(d), the system plan submitted to
voters shall contain an equity element which:
(a) Identifies revenues anticipated to be generated by corridor and by county within the authority's boundaries;
(b) Identifies the phasing of construction and operation of high capacity system facilities, services, and benefits in each corridor. Phasing decisions should give priority to jurisdictions which have adopted transit-supportive land use plans; and
(c) Identifies the degree to which revenues generated within each county will benefit the residents of that county, and identifies when such benefits will accrue.
A simple majority of those voting within the boundaries of the authority is required for approval. If the vote is affirmative, the authority shall begin implementation of the plan. However, the authority may not submit any authorizing proposition for voter-approved taxes prior to July 1, 1993; nor may the authority issue bonds or form any local improvement district prior to July 1, 1993.
(8) If the vote fails, the board may redefine the system and financing plan, make changes to the authority boundaries, and make corresponding changes to the composition of the board. If the composition of the board is changed, the participating counties shall revise the membership of the board accordingly. The board may then submit the revised plan to voters. No single system and financing plan may be submitted to the voters more than twice.
If the authority is unable to achieve a positive vote within two years from the date of the first election on a system plan, the board may, by resolution, reconstitute the authority as a single-county body. With a two-thirds vote of the entire membership of the voting members, the board may also dissolve the authority.
Sec. 314. RCW 81.112.060 and 1992 c 101 s 6 are each amended to read as follows:
An authority shall have the following powers:
(1) To establish offices, departments, boards, and commissions that are necessary to carry out the purposes of the authority, and to prescribe the functions, powers, and duties thereof.
(2) To appoint or provide for the appointment of, and to remove or to provide for the removal of, all officers and employees of the authority.
(3) To fix the salaries, wages, and other compensation of all officers and employees of the authority.
(4) To employ such engineering, legal, financial, or other specialized personnel as may be necessary to accomplish the purposes of the authority.
(5) To commission panels of experts to assist the regional transit authority in carrying out its responsibilities.
Sec. 315. RCW 81.112.070 and 1992 c 101 s 7 are each amended to read as follows:
A regional transit authority is a municipal corporation. In addition to the powers specifically granted by this chapter an authority shall have all powers necessary to implement a high capacity transportation system and to develop revenues for system support. An authority may contract with the United States or any agency thereof, any state or agency thereof, any public transportation benefit area, any county, county transportation authority, city, metropolitan municipal corporation, special district, or governmental agency, within or without the state, and any private person, firm, or corporation for: (1) The purpose of receiving gifts or grants or securing loans or advances for preliminary planning and feasibility studies; (2) the design, construction, or operation of high capacity transportation system facilities; or (3) the provision or receipt of services, facilities, or property rights to provide revenues for the system. An authority shall have the power to contract pursuant to RCW 39.33.050. In addition, an authority may contract with any governmental agency or with any private person, firm, or corporation for the use by either contracting party of all or any part of the facilities, structures, lands, interests in lands, air rights over lands and rights of way of all kinds which are owned, leased, or held by the other party and for the purpose of planning, constructing, or operating any facility or performing any service that the authority may be authorized to operate or perform, on such terms as may be agreed upon by the contracting parties. Before any contract for the lease or operation of any authority facilities is let to any private person, firm, or corporation, a general schedule of rental rates for equipment with or without operators applicable to all private certificated carriers shall be publicly posted, and for other facilities competitive bids shall first be called upon such notice, bidder qualifications, and bid conditions as the board shall determine. This shall allow use of negotiated procurements.
Sec. 316. RCW 81.112.080 and 1992 c 101 s 8 are each amended to read as follows:
An authority shall have the following powers in addition to the general powers granted by this chapter:
(1) To carry out the planning processes set forth in RCW 81.104.100;
(2) To acquire by purchase, condemnation, gift, or grant and to lease, construct, add to, improve, replace, repair, maintain, operate, and regulate the use of high capacity transportation facilities and properties within authority boundaries including surface, underground, or overhead railways, tramways, busways, buses, bus sets, entrained and linked buses, ferries, or other means of local transportation except taxis, and including escalators, moving sidewalks, personal rapid transit systems or other people-moving systems, passenger terminal and parking facilities and properties, and such other facilities and properties as may be necessary for passenger, vehicular, and vessel access to and from such people-moving systems, terminal and parking facilities and properties, together with all lands, rights of way, property, equipment, and accessories necessary for such high capacity transportation systems. When developing specifications for high capacity transportation system operating equipment, an authority shall take into account efforts to establish or sustain a domestic manufacturing capacity for such equipment. The right of eminent domain shall be exercised by an authority in the same manner and by the same procedure as or may be provided by law for cities of the first class, except insofar as such laws may be inconsistent with the provisions of this chapter. Public transportation facilities and properties which are owned by any city, county, county transportation authority, public transportation benefit area, or metropolitan municipal corporation may be acquired or used by an authority only with the consent of the agency owning such facilities. Such agencies are hereby authorized to convey or lease such facilities to an authority or to contract for their joint use on such terms as may be fixed by agreement between the agency and the authority.
The facilities and properties of an authority whose vehicles will operate primarily within the rights of way of public streets, roads, or highways, may be acquired, developed, and operated without the corridor and design hearings that are required by RCW 35.58.273 for mass transit facilities operating on a separate right of way;
(3) To dispose of any real or personal property acquired in connection with any authority function and that is no longer required for the purposes of the authority, in the same manner as provided for cities of the first class. When an authority determines that a facility or any part thereof that has been acquired from any public agency without compensation is no longer required for authority purposes, but is required by the agency from which it was acquired, the authority shall by resolution transfer it to such agency;
(4) To fix rates, tolls, fares, and charges for the use of such facilities and to establish various routes and classes of service. Fares or charges may be adjusted or eliminated for any distinguishable class of users;
(5) To provide resources to assist expediting efforts through interlocal agreements as provided in RCW 81.104.070 and 81.104.080. A county, city, town, or state agency shall expedite and give priority to processing permits and land use and environmental approvals authorizing or assisting in the siting and construction of high capacity transportation facilities;
(6) To convene committees of representatives of local governments and of state agencies with jurisdiction along high capacity transportation corridors to develop uniform requirements for the development of high capacity transportation facilities within a corridor or such portion thereof as may be designated by the authority. The state agencies and local governments participating in such a committee are authorized and directed, to the maximum extent practicable, to develop and adopt standardized construction and utility details, drainage, excavation, grading, and shoring standards, noise and other environmental controls, and structural, electrical and mechanical requirements to minimize differences between jurisdictions, in recognition that varying requirements will increase public expense and delay implementation of high capacity transportation service within a corridor. If requested by the authority, such local governments and state agencies are further authorized and directed to conduct joint hearings and other proceedings related to permits and environmental and land use approvals for the development of facilities within a high capacity transportation corridor. In conducting such proceedings, a city, town, or county and state agencies shall give substantial weight to the policies, planning, and presentations of the authority.
NEW SECTION. Sec. 317. (1) The department shall accept applications for grants from the high capacity transportation account from applicants that meet the following conditions:
(a) The applicant is a regional transit authority or transit agency authorized to develop high capacity transit systems under RCW 81.104.030 and 81.104.040; and
(b) The applicant has an adopted system plan prepared pursuant to RCW 81.104.100.
(2) The applicant shall have a six‑year continuing plan and grant application that includes:
(a) A description of the projects to be funded;
(b) A description of how the projects implement the system plan;
(c) A description of how the projects conform with the system plan implementation schedule;
(d) The program for involving the public and affected jurisdictions;
(e) The project budget;
(f) The financing plan, including:
(i) Any bond debt assumed to require repayment from the high capacity transportation account; and
(ii) The regional transit authority's adopted plan for securing funds necessary for the ongoing operation of the high capacity transit system; and
(g) Certification of review by the regional transportation planning organization as to project consistency with the regional transportation planning organization's regional transportation plan, and the growth management act.
(3) The proposed projects shall fit one or more of the following categories:
(a) Alternatives analysis as set forth by the federal transit administration's requirements;
(b) Design, engineering, and project administration;
(c) Right of way acquisition;
(d) Construction; or
(e) The capital costs of facilities and equipment necessary to construct, operate, and maintain a high capacity system; high occupancy vehicle facilities; associated roadways; and related pedestrian and bicycle facilities.
(4) Two years after submittal of its initial six-year application, the applicant may submit a renewal application requesting extension of two years; thus the plan and the grant will be continuing and ongoing.
(5) The department shall establish application formats and procedures and receive and process all applications. The application formats and procedures shall be published by the department by January 2, 1994.
NEW SECTION. Sec. 318. (1) A state-wide high capacity program oversight committee shall be established by the department. The secretary shall appoint the members representing the department by January 2, 1994. The committee shall assist the department to review applications for high capacity transportation account funding and monitor projects so funded. The committee is charged with assuring that projects funded are consistent with the state's interests and that high capacity system development is promoted as is appropriate, throughout the state.
(2) The membership of the oversight committee shall include:
(a) The assistant secretary of the department responsible for transportation planning;
(b) The assistant secretary of the department responsible for program development;
(c) One district administrator from a department district other than in central Puget Sound region in which resides an agency eligible to apply for high capacity transportation account funds;
(d) The director of the department's office of urban mobility;
(e) One elected official from within each regional transit authority or transit district that is eligible to apply for high capacity transportation account funds. Such official shall be a regional transit authority or transit agency board member and shall be appointed by his or her respective agency. Initial appointments shall be made before January 1, 1994.
(3) The department shall be responsible for providing staff support from within the department or from other state agencies, as appropriate, to support the application review process and the oversight committee. Costs associated with these activities shall be paid from the high capacity transportation account.
(4) The oversight committee shall determine its own operating procedures and establish its schedule of activities in such a manner as to expedite its reviews of project applications and ongoing project monitoring activities. The committee may establish subcommittees of the full committee as well as panels of experts to assist the department in carrying out the mandates of this chapter.
NEW SECTION. Sec. 319. (1) The department, with the assistance of the oversight committee, shall provide integration of state policy and budgetary goals and objectives in its review of applications. Goals and policies to be considered shall include, but not be limited to, those included within:
(a) The state transportation policy plan;
(b) Chapter 81.104 RCW; and
(c) Chapter 81.112 RCW.
(2) In addition, the availability of high capacity transportation account funds shall be taken into consideration. Projects that support the high capacity transit‑related goals and policies referenced in subsection (1) of this section and have a completed six‑year plan as required by section 317 of this act are eligible to receive high capacity transportation account funds.
(3) Should the department with the assistance of the oversight committee determine that the project does not adequately conform to the six‑year continuing plan and grant application, the funding from the high capacity transportation account may be withheld, after a period of thirty days during which time the project sponsor is notified and given opportunity to correct the project's deficiencies. The funding may be withheld until such time as the project sponsor can demonstrate compliance. This provision does not apply to account funds dedicated to bond principal and interest repayment identified in the six‑year plan under section 317(2)(f)(i) of this act.
NEW SECTION. Sec. 320. From funds appropriated in the high capacity transportation account, moneys shall be disbursed to grantees under this chapter as follows:
(1)(a) By June 1 of each year, the grantee shall certify to the department the amount and dates of required payments of principal or interest, or both, on bonded indebtedness for which funds in the high capacity transportation account are pledged. Following review by the department, the department shall certify to the state treasurer the amounts of principal and interest required to be paid to the grantee from the high capacity transportation account. By the 20th day of each month preceding the month in which such debt service payments are required to be made by the grantee, the state treasurer shall transfer such funds to the grantee.
(b) In the event that the grantee issues additional debt during the course of a fiscal year for which principal and/or interest is due during such fiscal year and such principal and/or interest has not been included in the amounts previously certified to the state treasurer, the department shall amend such certification and direct the state treasurer to transfer such amended amounts to the grantee.
(2)(a) By June 30 of each odd-numbered year, the department shall calculate and certify the amount of funds from the high capacity transportation account which are due to each grantee for the following two fiscal years. Such calculation shall be made as follows: From the total amounts appropriated from the high capacity transportation account for each grantee the amounts calculated in subsection (1) of this section shall be deducted. The amount so calculated shall be certified to the state treasurer and commencing on the 15th day of July in each odd‑numbered year and on the 15th day of each succeeding month, the treasurer shall transfer one-twenty-fourth of such certified amount to the grantee.
(b) In the event that the amounts of principal or interest, or both, initially calculated are revised during a biennium as a result of the grantee issuing additional debt during the course of a fiscal year and receiving an adjusted amount of debt service payments under subsection (1)(b) of this section, the department shall amend such certification and provide to the state treasurer the total amended amounts to be transferred during the remainder of the biennium. The state treasurer shall, commencing on the 15th day of the next succeeding month and on the 15th day of each succeeding month, transfer to the grantee an amount equal to the amended amount divided by the number of months remaining in the biennium.
(3) In the event additional funds are appropriated to the department for a grantee after the adoption of the biennial budget, the payments under subsections (1) and (2) of this section may be modified. The department, immediately following the effective date of legislation appropriating the additional amounts, shall calculate the total required payments under subsection (2) of this section for the remainder of the biennium and certify such amount to the state treasurer. The state treasurer shall, commencing on the 15th day of the next succeeding month and on the 15th day of each succeeding month for the remainder of the biennium, transfer to the grantee an amount equal to the amended amount divided by the number of months remaining in the biennium.
(4) In the event sufficient funds are not available in the high capacity transportation account to make all payments on the dates specified in this section, the treasurer shall make payments as follows:
(a) To the extent adequate funds are available, the treasurer shall pay one hundred percent of the amounts required under subsection (1) of this section.
(b) To the extent funds in excess of the amounts required under subsection (1) of this section are available, but insufficient to meet the requirements of subsection (2) of this section, the treasurer shall pay to all grantees a pro rata share of their entitlements under subsection (2) of this section.
(c) As soon as sufficient funds are available in the high capacity transportation account to pay the following month's required payments under subsections (1) and (2) of this section and to make payments equal to the deficiencies of any prior month's payments, the treasurer shall pay over to all grantees an amount equal to any deficiencies not paid as a result of the provisions of (b) of this subsection.
NEW SECTION. Sec. 321. The department, with the assistance of the high capacity program oversight committee, shall establish and conduct an ongoing monitoring program for all projects funded by the high capacity transportation account. The following monitoring activities shall occur:
(1) Annually, the department, with the assistance of the committee and panels of experts, if deemed appropriate, shall review each project to determine how well it meets the goals and policies considered in section 319 of this act; and carries out the program elements set out in its six-year plan defined in section 317 of this act.
(2) Following the review, the department with the assistance of the committee shall prepare a report to the legislature, the governor, and the project's sponsoring agency that:
(a) Sets out how well the previous year's project activities have met the goals and policies and carried out the program elements set out in its six-year plan; and
(b) Identifies any changes to the project that are needed to assure the goals, policies and program elements are met.
(End of part)
PART 4. MISCELLANEOUS
NEW SECTION. Sec. 401. Sections 301 through 303 and 317 through 321 of this act are each added to chapter 81.104 RCW.
NEW SECTION. Sec. 402. Section 201 of this act applies to license expirations beginning with January 1995 expirations.
NEW SECTION. Sec. 403. Sections 214 through 216, 218, and 221 through 223 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 July 1, 1993.
NEW SECTION. Sec. 404. This act shall be liberally construed to effect its purposes.
NEW SECTION. Sec. 405. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 406. Part headings as used in this act constitute no part of the law.
--- END ---