BP BHEAD INT S

AN ACT Relating to public-private initiatives in transportation; amending RCW 47.46.010, 47.46.020, and 47.46.030; and declaring an emergency.

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

Sec. 1. RCW 47.46.010 and 1993 c 370 s 1 are each amended to read as follows:

The legislature finds and declares:

It is essential for the economic, social, and environmental well-being of the state and the maintenance of a high quality of life that the people of the state have an efficient transportation system.

The ability of the state to provide an efficient transportation system will be enhanced by a public-private sector program providing for private entities to undertake all or a portion of the study, planning, design, development, financing, acquisition, installation, construction or improvement, operation, and maintenance of transportation systems and facility projects.

A public-private initiatives program will provide benefits to both the public and private sectors. Public-private initiatives provide a sound economic investment opportunity for the private sector. Such initiatives will provide the state with increased access to property development and project opportunities, financial and development expertise, and will supplement state transportation revenues, allowing the state to use its limited resources for other needed projects.

The public-private initiatives program, to the fullest extent possible, should encourage and promote business and employment opportunities for Washington state citizens.

The public-private initiatives program ((~~should~~)) will be implemented in cooperation and consultation with affected local jurisdictions.

Public support for projects undertaken by the public-private initiatives program is necessary and will be enhanced through electoral participation.

In order to enhance public support and confidence and to assure proper cooperation and consultation with the public, proposed projects that involve charging user fees or tolls for the use of a state route must be approved by a majority of the voters residing within the affected local jurisdictions at the next general election as required by RCW 47.46.030.

The secretary of transportation should be permitted and encouraged to test the feasibility of building privately funded transportation systems and facilities or segments thereof through the use of innovative agreements with the private sector. The secretary of transportation should be vested with the authority to solicit, evaluate, negotiate, and administer public-private agreements with the private sector relating to the planning, construction, upgrading, or reconstruction of transportation systems and facilities.

The department of transportation should be encouraged to take advantage of new opportunities provided by federal legislation under section 1012 of the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA). That section establishes a new program authorizing federal participation in construction or improvement or improvement of publicly or privately owned toll roads, bridges, and tunnels, and allows states to leverage available federal funds as a means for attracting private sector capital.

Sec. 2. RCW 47.46.020 and 1993 c 370 s 2 are each amended to read as follows:

As used in this chapter, "transportation systems and facilities" means capital-related improvements and additions to the state's transportation infrastructure, including but not limited to highways, roads, bridges, vehicles, and equipment, marine-related facilities, vehicles, and equipment, park and ride lots, transit stations and equipment, transportation management systems, and other transportation-related investments.

An "affected local jurisdiction" means the legislative voting precincts that, either in whole or in part, are located within seven miles of a proposed project.

Sec. 3. RCW 47.46.030 and 1993 c 370 s 3 are each amended to read as follows:

The secretary or a designee shall solicit proposals from, and negotiate and enter into agreements with, private entities to undertake as appropriate, together with the department and other public entities, all or a portion of the study, planning, design, construction, operation, and maintenance of transportation systems and facilities, using in whole or in part private sources of financing.

The public-private initiative program may develop up to six demonstration projects. Each proposal shall be weighed on its own merits, and each of the six agreements shall be negotiated individually, and as a stand-alone project. The commission shall approve each of the selected projects.

Before executing an agreement with private entities for a proposed project that involves charging user fees or tolls for the use of a state route, a majority of the voters residing within an affected local jurisdiction of a proposed project must approve the project at the next general election.

The text of the proposed project must appear in the state voter's pamphlet for the affected area. The secretary of transportation shall reimburse the secretary of state for the costs of the publication.

An agreement that is not approved by a majority of the votes cast on a proposed project in an affected local jurisdiction is void, and all parties to the agreement are released from any legal or financial obligations under the agreement.

An agreement must include a clearly stated provision that sets forth the requirement of voter approval by the affected local jurisdiction.

The secretary shall reimburse any unit of local government for all costs associated with any ballot measure required by this section.

Proposals and demonstration projects may be selected by the public and private sectors at their discretion. All projects designed, constructed, and operated under this authority must comply with all applicable rules and statutes in existence at the time the agreement is executed, including but not limited to the following provisions: Chapter 39.12 RCW, this title, RCW 41.06.380, chapter 47.64 RCW, RCW 49.60.180, and 49 C.F.R. Part 21.

The secretary or a designee shall consult with legal, financial, and other experts within and outside state government in the negotiation and development of the agreements.

NEW SECTION. Sec. 4. This act is 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 immediately.