S-4784

AN ACT Relating to the certification exemption for municipal transit services; and amending RCW 81.68.015, 36.57A.100, and 35.84.060.

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

Sec. 1. RCW 81.68.015 and 1989 c 163 s 2 are each amended to read as follows:

This chapter does not apply to corporations or persons, their lessees, trustees, receivers, or trustees appointed by any court whatsoever insofar as they own, control, operate, or manage taxicabs, hotel buses, school buses, services provided by a municipality meeting the conditions in RCW 35.84.060 and 36.57A.100, motor propelled vehicles operated exclusively in transporting agricultural, horticultural, dairy, or other farm products from the point of production to the market, or any other carrier that does not come within the term "auto transportation company" as defined in RCW 81.68.010.

This chapter does not apply to persons operating motor vehicles when operated wholly within the limits of incorporated cities or towns, and for a distance not exceeding three road miles beyond the corporate limits of the city or town in Washington in which the original starting point of the vehicle is located, and which operation either alone or in conjunction with another vehicle or vehicles is not a part of any journey beyond the three-mile limit.

This chapter does not apply to commuter ride sharing or ride sharing for ((~~the elderly and the handicapped~~)) persons with special transportation needs in accordance with RCW 46.74.010, so long as the ride-sharing operation does not compete with nor infringe upon comparable service actually being provided before the initiation of the ride-sharing operation by an existing auto transportation company certificated under this chapter.

Sec. 2. RCW 36.57A.100 and 1977 ex.s. c 44 s 4 are each amended to read as follows:

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 taxis, buses owned or operated by a school district or private school, and 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.

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. The requirements in this section, that a local public passenger transportation service must cease to operate within the public transportation benefit area, and that the public transportation benefit area authority must condemn the assets of the local public passenger transportation service, do not apply when the public transportation benefit area authority provides point-to-point services between the same two cities or destinations as those provided by a privately owned auto transportation company holding a certificate of public convenience and necessity from the utilities and transportation commission if: The public transportation benefit area authority provides those point-to-point services along a wholly or partially different route, at least one terminus of the route differs from the route of the privately owned transportation company and the authority's route provides for intermittent passenger stops, and the authority's route connects municipal corporations. Services provided by a public transportation benefit area authority or municipality meeting these conditions do not compete with or infringe upon the operation or services provided by a privately owned auto transportation company.

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. 3. RCW 35.84.060 and 1969 ex.s. c 281 s 26 are each amended to read as follows:

Every municipal corporation which owns or operates an urban public transportation system as defined in RCW 47.04.082 within its corporate limits, may acquire, construct, extend, own or operate such urban public transportation system to any point or points not to exceed fifteen miles outside of its corporate limits: PROVIDED, That no municipal corporation shall extend its urban public transportation system beyond its corporate limits to operate in any territory already served by a privately operated auto transportation company holding a certificate of public convenience and necessity from the utilities and transportation commission: PROVIDED FURTHER, That a municipal corporation that provides point-to-point services between the same two cities or destinations as those provided by a privately owned auto transportation company does not by providing that service extend its urban transportation service in a territory serviced by the privately owned transportation company if: The municipal corporation provides those point-to-point services along a wholly or partially different route, at least one terminus of the route differs from the route of the privately owned company and the municipal corporation's route provides for intermittent passenger stops, and the municipal corporation's route connects municipal corporations.