AN ACT Relating to
agreements, advisory vote procedures, and funding for the Tacoma Narrows bridge
under the public-private transportation initiatives program; amending RCW
47.46.030; and declaring an emergency.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
"Sec. 1. RCW 47.46.030 and 1995
2nd sp.s. c 19 s 2 are each amended to read as follows:
(1) 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
initiatives 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.
(2) If project
proposals selected prior to September 1, 1994, are terminated by the public or
private sectors, the department shall not select any new projects, including
project proposals submitted to the department prior to September 1, 1994, and
designated by the transportation commission as placeholder projects, after June
16, 1995, until June 30, 1997.
The department, in
consultation with the legislative transportation committee, shall conduct a
program and fiscal audit of the public-private initiatives program for the
biennium ending June 30, 1997. The department shall submit a progress report
to the legislative transportation committee on the program and fiscal audit by
June 30, 1996, with preliminary and final audit reports due December 1, 1996, and
June 30, 1997, respectively.
The department shall
develop and submit a proposed public involvement plan to the 1997 legislature
to identify the process for selecting new potential projects and the associated
costs of implementing the plan. The legislature must adopt the public
involvement plan before the department may proceed with any activity related to
project identification and selection. Following legislative adoption of the
public involvement plan, the department is authorized to implement the plan and
to identify potential new projects.
The public involvement
plan for projects selected after June 30, 1997, shall, at a minimum, identify
projects that: (a) Have the potential of achieving overall public support
among users of the projects, residents of communities in the vicinity of the
projects, and residents of communities impacted by the projects; (b) meet a
state transportation need; (c) provide a significant state benefit; and (d)
provide competition among proposers and maximum cost benefits to users.
Prospective projects may include projects identified by the department or
submitted by the private sector.
Projects that meet the
minimum criteria established under this section and the requirements of the
public involvement plan developed by the department and approved by the
legislature shall be submitted to the Washington state transportation
commission for its review. The commission, in turn, shall submit a list of
eligible projects to the legislative transportation committee for its consideration.
Forty-five days after the submission to the legislative transportation
committee of the list of eligible projects, the secretary is authorized to
solicit proposals for the eligible project.
(3) Prior to entering
into agreements with private entities under the requirements of RCW 47.46.040
for any project proposal selected before September 1, 1994, or after June 30,
1997, except as provided for in subsections (((10))) (11) and (((11)))
(12) of this section, the department shall require an advisory vote as
provided under subsections (((4))) (5) through (((9))) (10)
of this section.
(4) The advisory
vote shall apply to project proposals selected prior to September 1, 1994, or
after June 30, 1997, that receive public opposition as demonstrated by the
submission to the department of original petitions bearing at least five
thousand signatures of individuals opposing the project collected and submitted
in accordance with the dates established in subsections (12) and (13) of this
section. The advisory vote shall be on the preferred alternative identified
under the requirements of chapter 43.21C RCW and, if applicable, the national
environmental policy act, 42 U.S.C. 4321 et seq. The execution by the
department of the advisory vote process established in this section is subject
to the prior appropriation of funds by the legislature for the purpose of
conducting environmental impact studies, a public involvement program, local
involvement committee activities, traffic and economic impact analyses, engineering
and technical studies, and the advisory vote.
(5) In preparing
for the advisory vote, the department shall conduct a comprehensive analysis of
traffic patterns and economic impact to define the geographical boundary of the
project area that is affected by the imposition of tolls or user fees
authorized under this chapter. The area so defined is referred to in this
section as the affected project area. In defining the affected project area,
the department shall, at a minimum, undertake: (a) A comparison of the
estimated percentage of residents of communities in the vicinity of the project
and in other communities impacted by the project who could be subject to tolls
or user fees and the estimated percentage of other users and transient traffic
that could be subject to tolls or user fees; (b) an analysis of the anticipated
traffic diversion patterns; (c) an analysis of the potential economic impact
resulting from proposed toll rates or user fee rates imposed on residents,
commercial traffic, and commercial entities in communities in the vicinity of
and impacted by the project; (d) an analysis of the economic impact of tolls or
user fees on the price of goods and services generally; and (e) an analysis of
the relationship of the project to state transportation needs and benefits.
(((5))) (6)(a)
After determining the definition of the affected project area, the department
shall establish a committee comprised of individuals who represent cities and
counties in the affected project area; organizations formed to support or
oppose the project; and users of the project. The committee shall be named the
public-private local involvement committee, and be known as the local
involvement committee.
(b) The members of the
local involvement committee shall be: (i) An elected official from each city
within the affected project area; (ii) an elected official from each county
within the affected project area; (iii) two persons from each county within the
affected project area who represent an organization formed in support of the
project, if the organization exists; (iv) two persons from each county within
the affected project area who represent an organization formed to oppose the
project, if the organization exists; and (v) four public members active in a
state-wide transportation organization. If the committee makeup results in an
even number of committee members, there shall be an additional appointment of
an elected official from the county in which all, or the greatest portion of
the project is located.
(c) City and county
elected officials shall be appointed by a majority of the members of the city
or county legislative authorities of each city or county within the affected
project area, respectively. The county legislative authority of each county
within the affected project area shall identify and validate organizations
officially formed in support of or in opposition to the project and shall make
the appointments required under this section from a list submitted by the chair
of the organizations. Public members shall be appointed by the governor. All
appointments to the local involvement committee shall be made and submitted to
the department of transportation no later than January 1, 1996, for projects
selected prior to September 1, 1994, and no later than thirty days after the
affected project area is defined for projects selected after June 30, 1997.
Vacancies in the membership of the local involvement committee shall be filled
by the appointing authority under (b)(i) through (v) of this subsection for each
position on the committee.
(d) The local
involvement committee shall serve in an advisory capacity to the department on
all matters related to the execution of the advisory vote.
(e) Members of the
local involvement committee serve without compensation and may not receive
subsistence, lodging expenses, or travel expenses.
(((6))) (7)
The department shall conduct a minimum thirty-day public comment period on the
definition of the geographical boundary of the project area. The department,
in consultation with the local involvement committee, shall make adjustments,
if required, to the definition of the geographical boundary of the affected
project area, based on comments received from the public. Within fourteen
calendar days after the public comment period, the department shall set the
boundaries of the affected project area in units no smaller than a precinct as
defined in RCW 29.01.120.
(((7))) (8)
The department, in consultation with the local involvement committee, shall
develop a description for selected project proposals. After developing the
description of the project proposal, the department shall publish the project
proposal description in newspapers of general circulation for seven calendar
days in the affected project area. Within fourteen calendar days after the
last day of the publication of the project proposal description, the department
shall transmit a copy of the map depicting the affected project area and the
description of the project proposal to the county auditor of the county in
which any portion of the affected project area is located.
(((8))) (9)
The department shall provide the legislative transportation committee with
progress reports on the status of the definition of the affected project area
and the description of the project proposal.
(((9))) (10)
Upon receipt of the map and the description of the project proposal, the county
auditor shall, within thirty days, verify the precincts that are located within
the affected project area. The county auditor shall prepare the text
identifying and describing the affected project area and the project proposal
using the definition of the geographical boundary of the affected project area
and the project description submitted by the department and shall set an
election date for the submission of a ballot proposition authorizing the
imposition of tolls or user fees to implement the proposed project within the
affected project area, which date may be the next succeeding general election
to be held in the state, or at a special election, if requested by the
department. The text of the project proposal must appear in a voter's pamphlet
for the affected project area. The department shall pay the costs of
publication and distribution. The special election date must be the next date
for a special election provided under RCW 29.13.020 that is at least sixty days
but, if authorized under RCW 29.13.020, no more than ninety days after the receipt
of the final map and project description by the auditor. The department shall
pay the cost of an election held under this section.
(((10))) (11)
Notwithstanding any other provision of law, the department may contract with a
private developer of a selected project proposal to conduct environmental
impact studies, a public involvement program, and engineering and technical
studies funded by the legislature. For projects subject to this subsection,
the department shall not enter into an agreement under RCW 47.46.040 prior to
the advisory vote on the preferred alternative.
(12) Subsections
(((4))) (5) through (((9))) (10) of this section
shall not apply to project proposals selected prior to September 1, 1994, that
have no organized public opposition as demonstrated by the submission to the
department of original petitions bearing at least five thousand signatures of
individuals opposing the project, collected and submitted after September 1,
1994, and by thirty calendar days after June 16, 1995.
(((11))) (13)
Subsections (((4))) (5) through (((9))) (10) of
this section shall not apply to project proposals selected after June 30, 1997,
that have no organized public opposition as demonstrated by the submission to
the department of original petitions bearing at least five thousand signatures
of individuals opposing the project, collected and submitted by ninety calendar
days after project selection.
NEW SECTION. Sec.
2. 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.
