6701-S.E

AN ACT Relating to intercity transportation; amending RCW 35.58.250, 35.92.060, and 36.57A.100, and 81.112.090; adding a new section to chapter 47.26 RCW; adding a new section to chapter 47.08 RCW; creating new sections; and providing an effective date.

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

NEW SECTION. Sec. 1. The legislature declares it to be of significant benefit to citizens of the state to improve public transportation connections among the major activity centers in the central Puget Sound area. The activity centers include major transportation centers, major work and commercial sites, cultural and sports facilities, and political centers, including the state capital.

The legislature finds that there are many public transportation services being provided in the region that, if better coordinated and if more information were readily attainable, mobility would be enhanced for persons traveling in the region. This would occur not only for those using public transportation systems but for those who would benefit in terms of reduced congestion on highways and other modes.

It is the intent of the legislature, through this act and other supporting activities to enhance the coordination of existing public transportation services in the region as well as to provide for new initiatives to enhance service levels, improve cross-jurisdictional services, facilitate the travel on public conveyances throughout the region and reduce impediments to travel among areas in the region. It is the legislature's intent to provide better information to the traveling public, to include the private sector in the enhanced mobility approaches, and to facilitate the use of new technologies for fare collection and information to the extent practical.

NEW SECTION. Sec. 2. A new section is added to chapter 47.26 RCW to read as follows:

(1) The transportation improvement board, in consultation with the department of transportation, shall develop a grant process for projects and programs by public and private agencies to enhance mobility on public conveyance in the four most populous contiguous counties connected by an interstate highway.

(2) The purpose of the grants is to enhance the information available regarding public transportation services in the region along corridors where there is a significant state interest.

(3) The transportation improvement board shall develop requirements for matching grants issued under this section with the intent of encouraging participation of other agencies or parties. However, for public agencies applying for such grants, those agencies must have a local minimum matching requirement of twenty percent.

NEW SECTION. Sec. 3. A new section is added to chapter 47.08 RCW to read as follows:

The intercity passenger account is created in the transportation fund. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only to enhance the connectivity of passenger services in the four most populous contiguous counties connected by an interstate highway in the state, between and among transportation providers serving corridors where there is significant state interest.

Sec. 4. RCW 35.58.250 and 1965 c 7 s 35.58.250 are each amended to read as follows:

(1) Except in accordance with an agreement made as provided herein, upon the effective date on which the metropolitan municipal corporation commences to perform the metropolitan transportation function, no person or private corporation shall operate a local public passenger transportation service within the metropolitan area with the exception of:

(a) Taxis((~~, busses~~));

(b) Buses owned or operated by a school district or private school((~~, and busses~~));

(c) Buses owned or operated by any corporation or organization solely for the purposes of the corporation or organization and for the use of which no fee or fare is charged ; and

(d) Buses owned or operated by another municipality, as defined in RCW 35.58.272, operating along regional bus routes that cross one or more jurisdictional boundaries between municipalities located in the four most populous contiguous counties connected by an interstate highway, that may include stops in the routes to embark and disembark passengers, if those routes emanate or terminate within that municipality's boundaries.

(2) An agreement may be entered into between the metropolitan municipal corporation and any person or corporation legally operating a local public passenger transportation service wholly within or partly within and partly without the metropolitan area and on said effective date under which such person or corporation may continue to operate such service or any part thereof for such time and upon such terms and conditions as provided in such agreement. Where any such local public passenger transportation service will be required to cease to operate within the metropolitan area, the commission may agree with the owner of such service to purchase the assets used in providing such service, or if no agreement can be reached, the commission shall condemn such assets in the manner provided herein for the condemnation of other properties.

(3) Wherever a privately owned public carrier operates wholly or partly within a metropolitan municipal corporation, the Washington utilities and transportation commission shall continue to exercise jurisdiction over such operation as provided by law.

Sec. 5. RCW 35.92.060 and 1995 c 42 s 1 are each amended to read as follows:

A city or town may also construct, condemn and purchase, purchase, acquire, add to, alter, maintain, operate, or lease cable, electric, and other railways, automobiles, motor cars, motor buses, auto trucks, and any and all other forms or methods of transportation of freight or passengers within the corporate limits of the city or town, and a first class city may also construct, purchase, acquire, add to, alter, maintain, operate, or lease cable, electric, and other railways beyond those corporate limits only within the boundaries of the county in which the city is located and of any adjoining county, for the transportation of freight and passengers above, upon, or underneath the ground. It may also fix, alter, regulate, and control the fares and rates to be charged therefor; and fares or rates may be adjusted or eliminated for any distinguishable class of users including, but not limited to, senior citizens, handicapped persons, and students. Without the payment of any license fee or tax, or the filing of a bond with, or the securing of a permit from, the state, or any department thereof, the city or town may engage in, carry on, and operate the business of transporting and carrying passengers or freight for hire by any method or combination of methods that the legislative authority of any city or town may by ordinance provide, with full authority to regulate and control the use and operation of vehicles or other agencies of transportation used for such business except for buses owned or operated by another municipality, as defined in RCW 35.58.272, operating along regional bus routes that cross one or more jurisdictional boundaries between municipalities located in the four most populous contiguous counties connected by an interstate highway, that may include stops in the routes to embark and disembark passengers, if those routes emanate or terminate within that municipality's boundaries.

Sec. 6. RCW 36.57A.100 and 1977 ex.s. c 44 s 4 are each amended to read as follows:

(1) Except in accordance with an agreement made as provided in this section or in accordance with the provisions of RCW 36.57A.090(3) ((~~as now or hereafter amended~~)), upon the effective date on which the public transportation benefit area commences to perform the public transportation service, no person or private corporation shall operate a local public passenger transportation service within the public transportation benefit area with the exception of:

(a) Taxis((,));

(b) Buses owned or operated by a school district or private school((~~, and~~));

(c) Buses owned or operated by any corporation or organization solely for the purposes of the corporation or organization and for the use of which no fee or fare is charged ; and

(2) An agreement may be entered into between the public transportation benefit area authority and any person or corporation legally operating a local public passenger transportation service wholly within or partly within and partly without the public transportation benefit area and on said effective date under which such person or corporation may continue to operate such service or any part thereof for such time and upon such terms and conditions as provided in such agreement. Such agreement shall provide for a periodic review of the terms and conditions contained therein. Where any such local public passenger transportation service will be required to cease to operate within the public transportation benefit area, the public transportation benefit area authority may agree with the owner of such service to purchase the assets used in providing such service, or if no agreement can be reached, the public transportation benefit area authority shall condemn such assets in the manner and by the same procedure as is or may be provided by law for the condemnation of other properties for cities of the first class, except insofar as such laws may be inconsistent with the provisions of this chapter.

(3) Wherever a privately owned public carrier operates wholly or partly within a public transportation benefit area, the Washington utilities and transportation commission shall continue to exercise jurisdiction over such operation as provided by law.

Sec. 7. RCW 81.112.090 and 1992 c 101 s 9 are each amended to read as follows:

Except in accordance with an agreement made as provided in this section, upon the date an authority begins high capacity transportation service, no person or private corporation may operate a high capacity transportation service within the authority boundary with the exception of: (1) Services owned or operated by any corporation or organization solely for the purposes of the corporation or organization and for the use of which no fee or fare is charged; and (2) buses owned or operated by a municipality, as defined in RCW 35.58.272, operating along regional bus routes that cross one or more jurisdictional boundaries between municipalities located in the four most populous contiguous counties connected by an interstate highway, that may include stops in the routes to embark and disembark passengers, if those routes emanate or terminate within that municipality's boundaries, and if any part of the service area of the municipality is not included in the boundaries of the authority.

The authority and any person or corporation legally operating a high capacity transportation service wholly within or partly within and partly without the authority boundary on the date an authority begins high capacity transportation service may enter into an agreement under which such person or corporation may continue to operate such service or any part thereof for such time and upon such terms and conditions as provided in such agreement. Such agreement shall provide for a periodic review of the terms and conditions contained therein. Where any such high capacity transportation service will be required to cease to operate within the authority boundary, the authority may agree with the owner of such service to purchase the assets used in providing such service, or if no agreement can be reached, an authority shall condemn such assets in the manner and by the same procedure as is or may be provided by law for the condemnation of other properties for cities of the first class, except insofar as such laws may be inconsistent with this chapter.

Wherever a privately owned public carrier operates wholly or partly within an authority boundary, the Washington utilities and transportation commission shall continue to exercise jurisdiction over such operation as provided by law.

NEW SECTION. Sec. 8. Municipalities in the state, as defined in RCW 35.58.272, that are located in the four most populous contiguous counties connected by an interstate highway, shall prepare and distribute by July 1, 1997, a brochure providing scheduling information that shall address methods to travel among the counties on public conveyances. This document shall address, at minimum, interconnecting bus schedules operated by those municipalities, intercity bus operations, aeroporter services, passenger trains, and ferry system connections. This document shall be made available to the public in order to facilitate the use of those providers in the travel of persons throughout the region.

NEW SECTION. Sec. 9. The department of transportation in cooperation with the department of general administration and other appropriate jurisdictions shall evaluate the feasibility of establishment of a pilot project to provide shuttle services connecting the state capitol with major state government destination sites and other appropriate facilities in the central Puget Sound region. The department of transportation shall report back to the legislature its findings by December 1, 1996.

NEW SECTION. Sec. 10. It is the intent of the legislature that municipalities, as defined in RCW 35.58.272 and located within the four most populous contiguous counties connected by an interstate highway, work together to develop policies and joint operating agreements to facilitate transportation between and among those jurisdictions and to facilitate opportunity for travel by public transportation within the region. These policies and agreements shall address, but not be limited to: (1) Improved transit connections among those municipalities; (2) improved transit connections with other transportation providers including the state ferry system; (3) reduction in the use of nonproductive resources such as empty backhauls and closed door service necessitated by another jurisdiction; (4) adoption of fare collection policies designed to facilitate interjurisdictional regional travel; and (5) improved information for riders connecting between systems.

Should those municipalities described in this section develop policies consistent with the intent of this section, it is further the intent of the legislature to delay the effective date of sections 4 through 7 of this act.

NEW SECTION. Sec. 11. Sections 4 through 7 of this act take effect July 1, 1997.

NEW SECTION. Sec. 12. If specific funding for the purposes of this act, referring to this act by bill or chapter number, is not provided for in a transportation appropriations act in 1996 that is enacted, this act is null and void.