AN ACT Relating to the
public presentation of information regarding regional transit authority
projects; and amending RCW 81.104.140.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 81.104.140 and 1992
c 101 s 25 are each amended to read as follows:
(1) Agencies authorized
to provide high capacity transportation service, including transit agencies and
regional transit authorities, are hereby granted dedicated funding sources for
such systems. These dedicated funding sources, as set forth in RCW 81.104.150,
81.104.160, and 81.104.170, are authorized only for agencies located in (a)
each county with a population of two hundred ten thousand or more and (b) 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 under (a) of this subsection. In any
county with a population of one million or more or in any county having a
population of four hundred thousand or more bordering a county with a
population of one million or more, these funding sources may be imposed only by
a regional transit authority.
(2) Agencies planning
to construct and operate a high capacity transportation system should also seek
other funds, including federal, state, local, and private sector assistance.
(3) Funding sources
should satisfy each of the following criteria to the greatest extent possible:
(a) Acceptability;
(b) Ease of
administration;
(c) Equity;
(d) Implementation
feasibility;
(e) Revenue reliability;
and
(f) Revenue yield.
(4) Agencies
participating in regional high capacity transportation system development are
authorized to levy and collect the following voter‑approved local option
funding sources:
(a) Employer tax as
provided in RCW 81.104.150;
(b) Special motor
vehicle excise tax as provided in RCW 81.104.160; and
(c) Sales and use tax
as provided in RCW 81.104.170.
Revenues from these
taxes may be used only to support those purposes prescribed in subsection (10)
of this section. Before the date of an election authorizing an agency to
impose any of the taxes enumerated in this section and authorized in RCW
81.104.150, 81.104.160, and 81.104.170, the agency must comply with the process
prescribed in RCW 81.104.100 (1) and (2) and 81.104.110. No construction on
exclusive right of way may occur before the requirements of RCW 81.104.100(3)
are met.
(5) Authorization in
subsection (4) of this section shall not adversely affect the funding authority
of transit agencies not provided for in this chapter. Local option funds may
be used to support implementation of interlocal agreements with respect to the
establishment of regional high capacity transportation service. Except when a
regional transit authority exists, local jurisdictions shall retain control
over moneys generated within their boundaries, although funds may be commingled
with those generated in other areas for planning, construction, and operation
of high capacity transportation systems as set forth in the agreements.
(6) Agencies planning
to construct and operate high capacity transportation systems may contract with
the state for collection and transference of voter‑approved local option
revenue.
(7) Dedicated high
capacity transportation funding sources authorized in RCW 81.104.150,
81.104.160, and 81.104.170 shall be subject to voter approval by a simple
majority. A single ballot proposition may seek approval for one or more of the
authorized taxing sources. ((The ballot title shall reference the document
identified in subsection (8) of this section.))
(8) ((Agencies shall
provide to the registered voters in the area a document describing the systems
plan and the financing plan set forth in RCW 81.104.100. It shall also
describe the relationship of the system to regional issues such as development
density at station locations and activity centers, and the interrelationship of
the system to adopted land use and transportation demand management goals
within the region. This document shall be provided to the voters at least
twenty days prior to the date of the election.)) When making public
representations about revenues available to support a proposed project,
agencies shall not assume, nor imply the availability of, state funds unless
those funds have been specifically authorized. Any assumptions of federal
funds shall be based on authorizations in the current six-year transportation
authorization law and subsequent appropriations therefrom.
(9) For any election in
which voter approval is sought for a high capacity transportation system plan
and financing plan pursuant to RCW 81.104.040, a local voter's pamphlet shall
be produced as provided in chapter 29.81A RCW.
(10) Agencies providing
high capacity transportation service shall retain responsibility for revenue
encumbrance, disbursement, and bonding. Funds may be used for any purpose
relating to planning, construction, and operation of high capacity
transportation systems and commuter rail systems, personal rapid transit,
busways, bus sets, and entrained and linked buses.
