HOUSE BILL REPORT

                  HB 2074

             As Reported By House Committee On:

                       Transportation

Title:  An act relating to transportation appropriations.

Brief Description:  Clarifying a 1994 transportation appropriation.

Sponsors:  Representatives Backlund, Lambert, Reams, Van Luven, Dyer, Horn, K. Schmidt and R. Fisher.

Brief History:

  Committee Activity:

Transportation:  3/16/95, 3/20/95 [DP].

HOUSE COMMITTEE ON TRANSPORTATION

Majority Report:  Do pass.  Signed by 23 members:  Representatives K. Schmidt, Chairman; Benton, Vice Chairman; Mitchell, Vice Chairman; Skinner, Vice Chairman; R. Fisher, Ranking Minority Member; Hatfield, Assistant Ranking Minority Member; Backlund; Blanton; Brown; Cairnes; Chopp; Elliot; Hankins; Johnson; McMahan; Ogden; Patterson; Quall; Robertson; Romero; D. Schmidt; Scott and Tokuda.

Staff:  Jeff Doyle (786-7322).

Background:  In the 1994 supplemental transportation budget, the Legislature appropriated $35.5 million for preliminary engineering, right of way acquisition, and construction of 12 regular category C projects.  The convention used in the budget to appropriate money was different than in past years because it listed specific project titles and an identification number assigned to each of the projects.  This new method of listing the specific projects in the transportation budget was done because several legislators were concerned that the Transportation Commission might alter or amend the category C project list, developed under the RCW 47.05 process, after the Legislature made its appropriation.  Thus, the Legislature wanted to ensure that the $35.5 million appropriation was spent on those projects the Transportation Commission said it would be spent on.

One of the projects on the funded list was identified as "W. LK SAMM. PKWY. TO SR 202 (152038)."  This project, which was the topic of several briefings before the House and Senate Transportation Committees, was intended to include all phase 1 construction work, including construction of the diamond interchange at State Route (SR) 202.

A citizen wanting to halt construction of the SR 202 interchange filed a suit alleging that the Department of Transportation was not authorized to construct the diamond interchange at SR 202 because the identification number "152038" contained in the 1994 supplemental transportation budget was a specific reference to a project scope of work that originally did not encompass construction of the diamond interchange.

Even though the SR 202 interchange project was restaged in 1991 to include the SR 202 diamond interchange construction, and even though the Legislature understood this to be the scope of work for which they appropriated regular category C funds, the technical reference to project identification number "152038" has caused some confusion with at least one person.

Summary of Bill:  The project identification number contained in the 1994 supplemental transportation appropriations act is modified to clarify the Legislature's intent in appropriating funds for the West Lake Sammamish Parkway to SR 202 construction project, including construction of the diamond interchange.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  The bill contains an emergency clause and takes effect immediately.

Testimony For:  This change reflects legislative intent for the SR 520/SR 202 diamond interchange project.

Testimony Against:  None.

Testified:  Randy Hain, Department of Transportation.