BP BHEAD INT S [atlas:bill]

AN ACT Relating to barriers to coordinated transportation services; amending RCW 81.66.030, 82.36.275, and 82.38.080; and adding a new chapter to Title 47 RCW.

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

NEW SECTION. Sec. 1. The legislature finds that transportation systems for persons with special needs are not operated as efficiently as possible. Lack of coordination produces irrational situations, such as several different vehicles arriving simultaneously at the same location to pick up several different persons with special needs. When separate vehicles arrive within minutes of each other to transport individuals with special needs to similar destinations, resources are wasted and fewer people are being served. In some cases, programs established by the legislature to assist persons with special needs can not be accessed due to these inefficiencies.

It is the intent of the legislature to encourage coordination between public transportation agencies, private nonprofit transportation providers, and other public agencies sponsoring transportation services. Through coordination of transportation services, programs will achieve increased efficiencies and will expand services to a greater number of persons with special needs.

NEW SECTION. Sec. 2. (1) The agency council on coordinated transportation is created. The council is composed of nine voting members and four nonvoting, legislative members.

(2) The nine voting members are the superintendent of public instruction or a designee, the secretary of transportation or a designee, the secretary of the department of social and health services or a designee, and six members appointed by the governor as follows:

(a) One representative from the office of the governor;

(b) Two persons who are consumers of special needs transportation services;

(d) One representative from the Washington state transit association; and

(e) One of the following:

(i) A representative from the community transportation association of the Northwest; or

(ii) A representative from the community action council association.

(3) The four nonvoting members are legislators as follows:

(a) Two members from the house of representatives, one from each of the two largest caucuses, appointed by the speaker of the house of representatives, one of whom is a member of the house transportation policy and budget committee and one of whom is a member of the house appropriations committee; and

(b) Two members from the senate, one from each of the two largest caucuses, appointed by the president of the senate, one of whom is a member of the transportation committee and one of whom is a member of the ways and means committee.

(4) Gubernatorial appointees of the council will serve two-year terms. Members may not receive compensation for their service on the council, but will be reimbursed for actual and necessary expenses incurred in performing their duties as members as set forth in RCW 43.03.220.

(5) The secretary of transportation or a designee shall serve as the chair.

(6) The department of transportation shall provide necessary staff support for the council.

(7) The council may receive gifts, grants, or endowments from public or private sources that are made from time to time, in trust or otherwise, for the use and benefit of the purposes of the council and spend gifts, grants, or endowments or income from the public or private sources according to their terms, unless the receipt of the gifts, grants, or endowments violates RCW 42.17.710.

NEW SECTION. Sec. 3. The council shall:

(1) Develop standards and strategies for coordinating special needs transportation;

(2) Identify, fund as resources are made available, and monitor coordinated transportation pilot projects;

(3) Disseminate and encourage the widespread implementation of successful demonstration projects;

(4) Identify and address barriers to transportation coordination;

(5) Recommend to the legislature changes in law to assist coordination of transportation services;

(6) Act as an information clearinghouse and advocate for coordinated transportation;

(7) Petition the office of financial management to make whatever changes are deemed necessary to identify transportation costs in all executive agency budgets;

(8) Report to the legislature by December 1, 1998, on council activities including, but not limited to, what demonstration projects have been undertaken, how coordination affected service levels, and whether these efforts produced savings that allowed expansion of services. Reports must be made once every two years thereafter, and other times as the council deems necessary.

Sec. 4. RCW 81.66.030 and 1979 c 111 s 6 are each amended to read as follows:

The commission shall regulate every private, nonprofit transportation provider in this state but has authority only as follows: To issue certificates to such providers; to set forth insurance requirements; to adopt reasonable rules to insure that any vehicles used by such providers will be adequate for the proposed service; and to inspect the vehicles and otherwise regulate the safety of operations of each provider((~~; and to regulate in accordance with the procedures set forth in chapter 81.04 RCW any rates, fares, or charges proposed by such providers~~)). The commission may charge fees to private, nonprofit transportation providers, which shall be approximately the same as the reasonable cost of regulating such providers.

Sec. 5. RCW 82.36.275 and 1969 ex.s. c 281 s 27 are each amended to read as follows:

Notwithstanding RCW 82.36.240, every urban passenger transportation system shall receive a refund of the amount of the motor vehicle fuel tax paid on each gallon of motor vehicle fuel used, whether such vehicle fuel tax has been paid either directly to the vendor from whom the motor vehicle fuel was purchased or indirectly by adding the amount of such tax to the price of such fuel.

For the purposes of this section "urban passenger transportation system" means every transportation system, publicly or privately owned, having as its principal source of revenue ((~~the income from~~)), funding for transporting persons ((~~for compensation~~)) by means of motor vehicles and/or trackless trolleys, each having a seating capacity for over fifteen persons((, over prescribed routes in such a manner that the routes of such motor vehicles and/or trackless trolleys (either alone or in conjunction with routes of other such motor vehicles and/or trackless trolleys subject to routing by the same transportation system) do not extend for a distance exceeding fifteen road miles beyond the corporate limits of the city in which the original starting points of such motor vehicles are located: PROVIDED, That no refunds authorized by this section shall be granted on fuel used by any urban transportation vehicle on any trip where any portion of said trip is more than fifteen road miles beyond the corporate limits of the city in which said trip originated)).

Sec. 6. RCW 82.38.080 and 1996 c 244 s 6 are each amended to read as follows:

There is exempted from the tax imposed by this chapter, the use of fuel for: (1) Street and highway construction and maintenance purposes in motor vehicles owned and operated by the state of Washington, or any county or municipality; (2) publicly owned fire fighting equipment; (3) special mobile equipment as defined in RCW 46.04.552; (4) power pumping units or other power take-off equipment of any motor vehicle which is accurately measured by metering devices that have been specifically approved by the department or which is established by either of the following formulae: (a) Pumping propane, or fuel or heating oils or milk picked up from a farm or dairy farm storage tank by a power take-off unit on a delivery truck, at the rate of three-fourths of one gallon for each one thousand gallons of fuel delivered or milk picked up: PROVIDED, That claimant when presenting his claim to the department in accordance with the provisions of this chapter, shall provide to said claim, invoices of propane, or fuel or heating oil delivered, or such other appropriate information as may be required by the department to substantiate his claim; or (b) operating a power take-off unit on a cement mixer truck or a load compactor on a garbage truck at the rate of twenty-five percent of the total gallons of fuel used in such a truck; and (c) the department is authorized to establish by rule additional formulae for determining fuel usage when operating other types of equipment by means of power take-off units when direct measurement of the fuel used is not feasible. The department is also authorized to adopt rules regarding the usage of on board computers for the production of records required by this chapter; (5) motor vehicles owned and operated by the United States government; (6) heating purposes; (7) moving a motor vehicle on a public highway between two pieces of private property when said moving is incidental to the primary use of the motor vehicle; (8) transportation services for persons with special transportation needs by a private, nonprofit transportation provider regulated under chapter 81.66 RCW; and (9) notwithstanding any provision of law to the contrary, every urban passenger transportation system and carriers as defined by chapters 81.68 and 81.70 RCW shall be exempt from the provisions of this chapter requiring the payment of special fuel taxes. For the purposes of this section "urban passenger transportation system" means every transportation system, publicly or privately owned, having as its principal source of revenue ((~~the income from~~)), funding for transporting persons ((~~for compensation~~)) by means of motor vehicles and/or trackless trolleys, each having a seating capacity for over fifteen persons ((over prescribed routes in such a manner that the routes of such motor vehicles and/or trackless trolleys, either alone or in conjunction with routes of other such motor vehicles and/or trackless trolleys subject to routing by the same transportation system, shall not extend for a distance exceeding twenty-five road miles beyond the corporate limits of the county in which the original starting points of such motor vehicles are located: PROVIDED, That no refunds or credits shall be granted on fuel used by any urban transportation vehicle or vehicle operated pursuant to chapters 81.68 and 81.70 RCW on any trip where any portion of said trip is more than twenty-five road miles beyond the corporate limits of the county in which said trip originated)).

NEW SECTION. Sec. 7. Sections 1 through 3, 8, and 9 of this act constitute a new chapter in Title 47 RCW.

NEW SECTION. Sec. 8. The agency council on coordinated transportation is terminated on June 30, 2003, as provided in section 9 of this act.

NEW SECTION. Sec. 9. The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2004:

(1) RCW 47.--.--- and 1997 c . . . s 1 (section 1 of this act);

(2) RCW 47.--.--- and 1997 c . . . s 2 (section 2 of this act); and

(3) RCW 47.--.--- and 1997 c . . . s 3 (section 3 of this act).