CERTIFICATION OF ENROLLMENT

 

             ENGROSSED SUBSTITUTE SENATE BILL 6456

 

 

                   Chapter 348, Laws of 1998

 

                         (partial veto)

 

                        55th Legislature

                      1998 Regular Session

 

 

TRANSPORTATION BUDGET--SUPPLEMENTAL, 1997-1999

 

 

 

                    EFFECTIVE DATE:  4/3/98

Passed by the Senate March 12, 1998

  YEAS 26   NAYS 23

 

 

 

               BRAD OWEN

President of the Senate

 

Passed by the House March 5, 1998

  YEAS 81   NAYS 15

             CERTIFICATE

 

I, Mike O=Connell, Secretary of the Senate of the State of Washington, do hereby certify that the attached is  ENGROSSED SUBSTITUTE SENATE BILL 6456 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

 

             CLYDE BALLARD

Speaker of the

      House of Representatives

           MIKE O'CONNELL

                            Secretary

 

 

Approved April 3, 1998, with the exception of sections 202(6); 202(8), page 8, line 20 through page 9, line 6; 203(13); 207(2); 209, page 18, lines 1 through 2; 209(3); 209(4); 209(5); 211(12); 211(13); 212(3); 214(4); 214(5); 220(10); 221(7); 301(4); 402, page 42, lines 29 through 30; 403; 501; 502; 507 and 508, which are vetoed.Place Style On Codes above, and Style Off Codes below.     

                                FILED          

 

 

            April 3, 1998 - 5:45 p.m.

 

 

 

              GARY LOCKE

Governor of the State of Washington

                   Secretary of State

                  State of Washington


          _______________________________________________

 

               ENGROSSED SUBSTITUTE SENATE BILL 6456

          _______________________________________________

 

                      AS AMENDED BY THE HOUSE

 

             Passed Legislature - 1998 Regular Session

 

State of Washington      55th Legislature     1998 Regular Session

 

By Senate Committee on Transportation (originally sponsored by Senators Prince, Haugen, Wood, Kline and Horn; by request of Governor Locke)

 

Read first time 02/26/98.

Funding transportation.      


    AN ACT Relating to transportation funding and appropriations; amending 1997 c 457 ss 101, 108, 107, 201, 205, 208, 209, 210, 211, 212, 213, 214, 216, 217, 218, 219, 220, 221, 222, 224, 225, 226, 227, 228, 301, 302, 401, 402, 407, 408, and 511 (uncodified); adding new sections to 1997 c 457 (uncodified); creating new sections; repealing 1997 c 457 s 515; making appropriations; and declaring an emergency.

 

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

 

         LEGISLATIVE INTENT FOR 1998 TRANSPORTATION BUDGET

 

    NEW SECTION.  Sec. 1.  PURPOSE OF ENHANCED STATE AND LOCAL TRANSPORTATION FUNDING PROGRAM.  (1) The legislature finds and declares that it is essential for the economic, social and environmental well-being of the state and the maintenance of a high quality of life that the people of the state have an efficient and effective transportation system.

    (2) This act provides funding, beyond that already provided in the 1997-99 biennium, from currently available revenue that is needed to prepare for and advance the timely construction of essential transportation projects and improve transportation services in preparation for meeting the following objectives:

    (a) Investment strategies that deal equitably with the transportation needs of both eastern and western Washington and local governments, critical to maintaining and expanding essential multimodal, motorized and nonmotorized, urban, suburban and rural transportation programs and systems;

    (b) Cost-effective funding strategies that address the most critical state-wide transportation needs for:  Highway congestion relief, economic development and freight mobility, highway safety and bridge improvements, flood mitigation and fish passages, local government funding, ferry system capital improvements, and passenger and freight rail capital improvements; and

    (c) Greater reliance on funding partnerships between the public and private sectors to leverage the state's investment and assign transportation project costs to the entities to which benefits accrue.

    (3) State and federal fiscal constraints have resulted in sprinkling limited resources over a wide variety of costly, critical transportation needs.  This fragmented approach has hindered the development of a multimodal, state-wide system; failed to address regional transportation improvements essential to addressing congestion, expanding local economies, and maintaining environmental quality; and created competition for transportation dollars among various public beneficiaries.  A legislative solution that addresses long-term funding for critical transportation priorities is highly dependent on public and private stakeholders coalescing to:  Identify and prioritize those critical elements that must be addressed if the state is to continue to provide a transportation system that offers the level of safe, unfettered travel and economic and environmental well-being Washington's citizens expect and deserve; develop a funding strategy for the future that provides adequacy and reliability; and develop policy and program changes that will ensure the timely, cost-effective delivery of transportation programs, projects, and services.


 

 

                              PART I

              GENERAL GOVERNMENT AGENCIES-‑OPERATING

 

    Sec. 101. 1997 c 457 s 101 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF AGRICULTURE

Motor Vehicle Fund‑-State Appropriation........ $      ((304,000))

                                                           314,000

 

    The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:

    (1) The department of agriculture shall report to the legislative transportation committee by January 15, 1998, and January 15, 1999, on the number of fuel samples tested and the findings of the tests for the motor fuel quality program.

    (2) $10,000 of this appropriation is provided solely for laboratory analysis of diesel fuel samples taken from retailers selling diesel fuel.  The purpose of this testing is to detect the possible presence of illegally-blended diesel fuel.

 

    Sec. 102. 1997 c 457 s 108 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

Motor Vehicle Fund‑-State Appropriation........ $      ((252,000))

                                                           126,000

 

    The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:  The entire appropriation is for the contracted staff at the Gateway Visitor Information Centers, and may not be used for any other purpose.

 

    Sec. 103. 1997 c 457 s 107 (uncodified) is amended to read as follows:

FOR THE OFFICE OF FINANCIAL MANAGEMENT

Motor Vehicle Fund‑-State Appropriation........ $      ((116,000))

                                                            58,000

 

    The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:  The entire amount is provided as funding to the office of financial management for a policy and budget analyst for the transportation agencies.

 

                           (End of part)


 

 

                              PART II

                      TRANSPORTATION AGENCIES

 

    Sec. 201.  1997 c 457 s 201 (uncodified) is amended to read as follows:

FOR THE WASHINGTON TRAFFIC SAFETY COMMISSION

Highway Safety Fund‑-State Appropriation........                 $...................................... ((491,000))

                                                           741,000

Highway Safety Fund‑-Federal Appropriation..... $        5,216,000

Transportation Fund‑-State Appropriation........                 $ 950,000

           TOTAL APPROPRIATION................. $    ((6,657,000))

                                                         6,907,000

 

    The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

    (1) The transportation fund‑-state appropriation includes $900,000 to fund community DUI task forces.  Funding from the transportation fund for any community DUI task force may not exceed twenty-five percent of total expenditures in support of that task force.

    (2) $50,000 of the transportation fund--state appropriation is provided to support local law enforcement implementing the drug recognition expert (DRE) and drugged driving programs.  Any funds not required for the DRE program may be used for programs related to heavy trucks that improve safety and enforcement of Washington state laws.

    (3) $250,000 of the highway safety fund‑-state appropriation is provided solely to advertise the changes to the DUI statutes enacted by the 1998 legislature.  This appropriation shall lapse if changes to the DUI statutes are not enacted by June 30, 1998.

 

    *Sec. 202. 1997 c 457 s 205 (uncodified) is amended to read as follows:

FOR THE LEGISLATIVE TRANSPORTATION COMMITTEE

Motor Vehicle Fund‑-State Appropriation........ $    ((2,822,000))

                                                         3,822,000

Transportation Fund‑-State Appropriation........                 $...................................... ((200,000))

                                                           250,000

Central Puget Sound Public Transportation

    Account--State Appropriation............... $          100,000

           TOTAL APPROPRIATION................. $    ((3,022,000))

                                                         4,172,000

 

    The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

    (1) In order to meet the growing demand for services the legislative transportation committee shall seek accountability and efficiencies within transportation agency programs through in-depth program evaluations.  These program evaluations shall consider:

    (a) Whether or not strategic planning and performance-based budgeting is a preferable planning and budgeting tool to the current incremental budgeting process for agency administrative programs and capital program budgeting;

    (b) How the programs are performing currently and how service would be affected at different funding levels using performance measures; and

    (c) What decision-making tools aid with the budgeting and oversight of these programs, such as tools developed during the maintenance accountability program (MAP) conducted by the legislative transportation committee during the 1995-97 biennium.

    (2) In consultation with other legislative committees, the legislative transportation committee shall study ways to enhance budget development tools and presentation documents that will better illustrate agencies' full appropriation authority and the intended outcomes of the appropriation.

    (3) The legislative transportation committee shall conduct an evaluation of services provided by the county road administration board, the transportation improvement board and the TransAid division within the department of transportation.  The evaluation shall assess whether consolidation of any of these activities will result in efficiencies and improved service delivery.  The evaluation shall also assess the funding structure of these organizations to determine whether there are any benefits gained from a more simplified structure.  The evaluation shall also assess other funding authorities to see if there is potential for further expansion of these revenues.  The committee shall report its findings and recommendations to the 1998 legislature and, if needed, prepare legislation to implement those recommendations.  $150,000 of the motor vehicle fund‑-state appropriation is provided for this evaluation.

    (4) The legislative transportation committee, in cooperation with the house appropriations committee, the senate ways and means committee, and the office of financial management, shall study and report to the legislature its findings regarding the process and procedures for calculation, determination, and collection of the amounts of motor vehicle excise tax (MVET) collected on the sale or lease of motor vehicles in this state.  The report shall include findings as to the base amount for calculation of MVET, the amortization schedule for calculation of MVET, and adequacy and efficiency of current systems to provide accurate and timely information to those responsible for determining and collecting the MVET due, including recommendations for determining the MVET due for current and future multiple MVET tax structures.  The report must also include a status report as to the progress and feasibility of using third party information providers or using private vendors to collect the MVET.  $200,000 of the transportation fund‑-state appropriation is provided for this evaluation including the use of a consultant.  This $200,000 amount is null and void if an appropriation for this activity is enacted in any other appropriations bill by June 30, 1997.

    (5) During the 1998 interim, the legislative transportation committee shall conduct a study relating to interagency reimbursements, cost allocations, debt service authorizations, and other budget accountability issues.

    (6) The legislative transportation committee shall study and report to the legislature its findings regarding the design-build method of contracting.  The report shall include findings as to opportunities where it might be appropriate to use design-build, the type of process to be used, and the budget savings potential to the state from the design-build method of contracting.

    (7) The legislative transportation committee shall study the economic and transportation impact of a draw-down of the Columbia/Snake river.  At a minimum, the study should address the following issues:  (a) Impacts on alternate transportation modes:  State and local road deterioration, congestion, safety, rail, and truck capacity; (b) impacts to producers, growers, and shippers, such as access to markets and transportation costs; (c) impacts to river, such as transportation, jobs, and businesses; and (d) impacts on the state's export sales.

    (8) $1,000,000 of the motor vehicle fund‑-state appropriation is provided solely for the following purpose:  By June 1, 1998, the legislature and the governor shall convene a panel of transportation beneficiaries to conduct a comprehensive analysis of state-wide transportation needs and priorities; existing and potential transportation funding mechanisms, and the policies and practices of governmental entities, private businesses, and labor that affect the delivery of transportation programs and projects.  By May 1, 1998, the speaker of the house of representatives and the majority leader of the senate shall appoint two members from each caucus of the house of representatives and senate and the governor shall appoint individuals representing, at a minimum, the following entities:  The governor; state agencies whose policies, practices, and procedures have a direct impact on the delivery of transportation programs, projects, and services; cities; counties; regional transportation planning organizations; ports; passenger rail; light density freight rail; transit agencies; the trucking industry; the steamship industry; major employers; the retail industry; agricultural business; labor; contractors; and the general public.

    The panel shall evaluate and make recommendations on the following elements:

    (a) The critical state and local transportation projects, programs, and services needed to achieve an efficient, effective, state-wide, multimodal transportation system that supports the state's social, economic, and environmental well being;

    (b) A realistic, achievable plan for funding transportation programs, projects, and services over the next twenty years;

    (c) The relationship between state and local government agencies in delivering transportation programs, projects, and services and changes in the ways such agencies interact that are necessary to achieve a more efficient and effective delivery of transportation programs, projects, and services;

    (d) The role of the transportation commission and regional transportation planning organizations in determining state and local transportation needs and priorities;

    (e) Federal and state labor laws that impact the cost and efficient delivery of transportation programs, projects, and services;

    (f) The process and procedures needed to implement managed competition in contracting out transportation projects and services;

    (g) Business operational practices that impact the cost and timely delivery of freight and goods;

    (h) A public involvement and outreach process to assess public attitudes about transportation priorities, funding, and project, program, and service delivery; and

    (i) Other elements and issues as directed by the panel.

    The panel shall provide quarterly progress reports to the governor, the legislative transportation committee, and the house of representatives and senate fiscal committees and shall report its final findings and recommendations by December 1, 2000.

    (9) Up to $100,000 of the central Puget Sound public transportation account--state appropriation and up to $50,000 of the transportation fund--state appropriation are provided solely for a contracted performance and management audit of selected public transportation systems to ascertain the relative effectiveness and efficiency of those systems and, where appropriate, provide recommendations that would improve efficiency and effectiveness.  The audit shall also determine the accuracy of the information contained in the annual public transportation systems report published by the department of transportation.

*Sec. 202 was partially vetoed.  See message at end of chapter.

 

    *Sec. 203. 1997 c 457 s 208 (uncodified) is amended to read as follows:

FOR THE WASHINGTON STATE PATROL‑-FIELD OPERATIONS BUREAU

Motor Vehicle Fund‑-State Patrol Highway

    Account‑-State Appropriation............... $  ((159,108,000))

                                                       163,789,000

Motor Vehicle Fund‑-State Patrol Highway

    Account‑-Federal Appropriation............. $        4,374,000

Motor Vehicle Fund‑-State Patrol Highway

    Account‑-Local Appropriation............... $          170,000

Transportation Fund‑‑State Appropriation........                 $...................................... ((8,961,000))

                                                         4,522,000

           TOTAL APPROPRIATION................. $  ((172,613,000))

                                                       172,855,000

 

    The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

    (1) The Washington state patrol is authorized to use the federal community oriented policing program (COPS) for 54 troopers with 18 COPS troopers to begin in July 1998 and 36 COPS troopers to begin in January 1999.

    (2) $((8,200,000)) 4,463,000 of the transportation fund--state appropriation ((is)) and $3,737,000 of the motor vehicle fund--state patrol highway account--state appropriation are provided for an equalization salary adjustment of three percent on July 1, 1997, and six percent on July 1, 1998, for commissioned officers (entry level trooper through captain), commercial vehicle enforcement officers, and communication officers of the Washington state patrol.  The salary adjustments are intended to bring the existing salary levels into the fiftieth percentile of other Washington state law enforcement compensation plans.  This is in addition to the salary increase contained in the omnibus appropriation bill or bills.  The total of the two increases, in the transportation budget and omnibus appropriation bill or bills, may not exceed twelve percent.

    (3) The Washington state patrol will develop a vehicle replacement plan for the next six years.  The plan will include an analysis of the current 100,000 miles replacement policy and agency assignment policy.  Projected future budget requirements will include forecasts of vehicle replacement costs, vehicle equipment costs, and estimated surplus vehicle values when sold at auction.

    (4) The Washington state patrol vessel and terminal security (VATS) program will be funded by the state patrol highway fund beginning July 1, 1997, and into future biennia.

    (5) A personnel data base will be maintained of the 801 commissioned traffic law enforcement officers, with a reconciliation at all times to the patrol allocation model and a vehicle assignment and replacement plan.

    (6) $150,000 of the state patrol highway account appropriation is to fund the Washington state patrol's portion of the drug recognition expert training program previously funded by the traffic safety commission.

    (7) The Washington state patrol with legislative transportation committee staff will perform an interim study of the Washington state patrol's commercial vehicle enforcement program with a report to be presented to the legislature and office of financial management in January 1998 with a developed business plan and program recommendations which includes, but is not limited to, weigh in motion technologies.

    (8)(a) The Washington state patrol, in consultation with the Washington traffic safety commission, shall conduct an analysis of the most effective safety devices for preventing accidents while delivery trucks are operating in reverse gear.  The analysis shall focus on trucks equipped with cube-style, walk-in cargo boxes, up to eighteen feet long, that are most commonly used in the commercial delivery of goods and services.

    (b) The state patrol shall incorporate research and analysis currently being conducted by the national highway traffic safety administration.

    (c) Upon completion of the analysis, the state patrol shall forward its recommendations to the legislative transportation committee and office of financial management.

    (9) (($761,000)) $381,000 of the transportation fund‑-state appropriation is provided for the following traditional general fund purposes:  The governor's air travel, the license fraud program, and the special services unit.  This transportation fund‑-state appropriation is not a permanent funding source for these purposes.

    (10) $461,000 of the state patrol highway account appropriation is provided solely for monitoring and stopping fuel tax evasion.  The Washington state patrol will report on December 1, 1998, to the legislative transportation committee on the activities and revenue collected associated with fuel tax evasion.

    (11) $289,000 of the state patrol highway account appropriation is provided solely for vehicle license fraud investigation.  A report will be presented each session to the legislature on the activities and revenue collected by the vehicle license fraud unit.

    (12) $268,000 of the motor vehicle fund‑-state patrol highway account is provided solely to cover the employer's share of medicare premiums for commissioned officers hired prior to 1986.  If a referendum of these officers does not receive majority support this appropriation shall not be expended by the state patrol.

    (13) The chief of the Washington state patrol is prohibited from using any of the funding provided in chapter 457, Laws of 1997 and this act to increase salaries for positions above the rank of captain.

*Sec. 203 was partially vetoed.  See message at end of chapter.

 

    Sec. 204. 1997 c 457 s 209 (uncodified) is amended to read as follows:

FOR THE WASHINGTON STATE PATROL‑-INVESTIGATIVE SERVICES BUREAU

Transportation Fund‑-State Appropriation........                 $...................................... ((6,317,000))

                                                         3,133,000

 

    The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:  The appropriation in this section is for the following traditional general fund purposes:  Crime laboratories, used primarily for local law enforcement purposes; ACCESS, the computer system linking all law enforcement and criminal justice agencies in the state to one another; and, the identification section, which is responsible for performing criminal background checks.  This appropriation is not a permanent funding source for these purposes.

 

    Sec. 205. 1997 c 457 s 210 (uncodified) is amended to read as follows:

FOR THE WASHINGTON STATE PATROL‑-SUPPORT SERVICES BUREAU

Motor Vehicle Fund‑-State Patrol Highway

    Account‑-State Appropriation............... $   ((55,961,000))

                                                        52,926,000

Motor Vehicle Fund‑-State Patrol Highway

    Account‑-Federal Appropriation............. $          104,000

Transportation Fund‑-State Appropriation........                 $...................................... ((4,965,000))

                                                         2,513,000

           TOTAL APPROPRIATION................. $   ((61,030,000))

                                                        55,543,000

 

    The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

    (1) $1,017,000 for the state patrol highway account‑-state appropriation is provided solely for year 2000 conversions of transportation automated systems.  For purposes of this subsection, transportation automated systems does not include WASIS and WACIS.

    (2) $50,000 of the state patrol highway account‑-state appropriation is provided solely for a feasibility study to assess the effect of mobile computers on trooper productivity by type of service and measurement of the productivity gains achieved through reduction in administrative time and paperwork processing.  The agency shall submit a copy of the proposed study workplan to the office of financial management, the department of information services, and the legislative transportation committee no later than October 1, 1997.  A final report shall be submitted to the legislative transportation committee, the office of financial management, and the department of information services no later than January 31, 1998.  This project is subject to the provisions of section 502 of this act.

    (3) $50,000 of the state patrol highway account‑-state appropriation is provided solely for a review of the feasibility of improving the patrol's computer-aided dispatch system to permit tracking of trooper availability and response time to calls for service.  The agency shall submit a copy of the proposed study workplan to the office of financial management, the department of information services, and the legislative transportation committee no later than October 1, 1997.  A final report shall be submitted to the legislative transportation committee, the office of financial management, and the department of information services no later than January 31, 1998.  This project is subject to the provisions of section 502 of this act.

    (4) These appropriations maintain current level funding for the Washington state patrol service center and have no budget savings included for a consolidation of service centers based on the study conducted by the technology management group.  During the 1997 interim, the costs for current level will be reviewed by the office of financial management and department of information services with a formal data center recommendation, that has been approved by the information services board, to the legislature in January 1998.  Current level funding will be split between fiscal year 1998 and fiscal year 1999 with consideration of funding adjustments based on the review and the formal policy and budget recommendations.

    (5) (($4,965,000)) $2,513,000 of the transportation fund‑-state appropriation is for the following traditional general fund purposes:  The executive protection unit, revolving fund charges, budget and fiscal services, computer services, personnel, human resources, administrative services, and property management.  This appropriation is not a permanent funding source for these purposes.

    (6) $22,000 of the motor vehicle fund‑-state patrol highway account appropriation is provided solely to cover the employer's share of medicare premiums for commissioned officers hired prior to 1986.  If a referendum of these officers does not receive majority support this appropriation shall not be expended by the state patrol.

    (7) The 1998 Washington state patrol interim working group shall review the data center, electronic services division, communications division, and strategic planning and shall provide recommendations on increasing the effectiveness and efficiencies of the programs under review and audit.

    (8) $1,580,000 of the state patrol highway account‑-state appropriation is provided solely for the transition of the Washington state patrol mainframe data processing functions to the Washington state department of information services data center in Olympia, Washington.  The Washington state patrol and the department of information services shall work cooperatively to ensure the transition to the department of information services is completed successfully.

 

    Sec. 206. 1997 c 457 s 211 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF LICENSING‑-MANAGEMENT AND SUPPORT SERVICES

Highway Safety Fund‑-Motorcycle Safety Education

    Account‑-State Appropriation............... $       ((77,000))

                                                           120,000

State Wildlife Account‑-State Appropriation.... $       ((57,000))

                                                            52,000

Highway Safety Fund‑-State Appropriation........                 $...................................... ((5,538,000))

                                                         6,047,000

Motor Vehicle Fund‑-State Appropriation........ $    ((4,501,000))

                                                         4,624,000

Transportation Fund‑-State Appropriation........                 $...................................... ((900,000))

                                                           605,000

           TOTAL APPROPRIATION................. $   ((11,073,000))

                                                        11,448,000

 

    The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:  The agency is directed to develop a proposal for implementing alternative approaches to delivering agency services to the public.  The alternative approaches may include the use of credit card payment for telephone or use of the internet for renewals of vehicle registrations.  The proposal shall also include collocated services for greater convenience to the public.  The agency shall submit a copy of the proposal to the legislative transportation committee and to the office of financial management no later than December 1, 1997.

 

    *Sec. 207. 1997 c 457 s 212 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF LICENSING‑-INFORMATION SYSTEMS

Highway Safety Fund‑-Motorcycle Safety Education

    Account‑-State Appropriation............... $        ((2,000))

                                                            94,000

General Fund‑-Wildlife Account‑-State

    Appropriation.............................. $      ((123,000))

                                                            42,000

Highway Safety Fund‑-State Appropriation........                 $...................................... ((4,396,000))

                                                        10,732,000

Motor Vehicle Fund‑-State Appropriation........ $    ((5,858,000))

                                                         5,610,000

Transportation Fund‑-State Appropriation........                 $...................................... ((1,190,000))

                                                           441,000

           TOTAL APPROPRIATION................. $   ((11,569,000))

                                                        16,919,000

 

    The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

    (1) $2,498,000 of the highway safety fund‑-state appropriation and $793,000 of the motor vehicle fund‑-state appropriation are provided for the following activities:  (1) Identify business objectives and needs relating to technology improvements and integration of the drivers' licensing and vehicle title and registrations systems; (2) converting the drivers' licensing software applications to achieve Year 2000 compliance; (3) convert the drivers' field network from a uniscope to a frame-relay network; (4) develop an interface between the unisys system and the CRASH system; and (5) operate and maintain the highways-licensing building network and the drivers' field network.

    (2) $1,769,000 of the highway safety fund‑-state appropriation and $875,000 of the motor vehicle fund‑-state appropriation are provided to implement the following business and technology assessment project recommendations contained in the feasibility study delivered to the legislature in January 1998:  (a) Search and Query, option 2 and; (b) licensing service office improvements, option 2.  If the driver's license fee increase contained in sections 6 and 7 of Engrossed Substitute House Bill No. 2730 is not enacted by June 30, 1998, the amounts provided in this subsection shall lapse.

*Sec. 207 was partially vetoed.  See message at end of chapter.

 

    Sec. 208. 1997 c 457 s 213 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF LICENSING‑-VEHICLE SERVICES

General Fund‑-Marine Fuel Tax Refund Account‑-

    State Appropriation........................ $           26,000

General Fund‑-Wildlife Account‑-State

    Appropriation.............................. $          549,000

Motor Vehicle Fund‑-State Appropriation........ $   ((50,003,000))

                                                        49,630,000

Department of Licensing Services Account‑-

    State Appropriation........................ $        2,944,000

           TOTAL APPROPRIATION................. $   ((53,522,000))

                                                        53,149,000

 

    The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

    (1) $600,000 of the licensing service account‑-state appropriation is provided for replacement of printers for county auditors and subagents.

    (2) The department of licensing, in cooperation with the fuel tax advisory committee, shall prepare and submit a report to the legislative transportation committee containing recommendations for special fuel and motor vehicle fuel recordkeeping and reporting requirements, including but not limited to recommendations regarding the form and manner in which records and tax reports must be maintained and made available to the department; which persons engaged in the business of selling, purchasing, distributing, storing, transporting, or delivering fuel should be required to submit periodic reports regarding the disposition of such fuel; and the feasibility of implementing an automated fuel tracking system.  The report is due no later than October 31, 1997.

    (3) The department of licensing, in cooperation with representatives of local governments and the department of revenue shall analyze the collection of the local option fuel tax under RCW 82.80.010.  Based on that analysis the department of licensing shall offer recommendations regarding the appropriate government entity to collect the local option fuel tax and the best method to accomplish that collection.  The department of licensing shall report its findings and recommendations to the legislative transportation committee and the office of financial management by December 1, 1998.

    (4) The department of licensing, in conjunction with the interagency commission on outdoor recreation, the department of transportation, and other affected entities, shall conduct a study and make recommendations regarding:

    (a) Whether the study required by RCW 43.99.030 to determine what portion of the motor vehicle fuel tax collected is tax on marine fuel is an effective and efficient mechanism for determining what portion of fuel tax revenues should be refunded to the marine fuel tax refund account;

    (b) Other possible methodologies for determining the appropriate amount of tax revenue to refund from the motor vehicle fund to the marine tax refund account; and

    (c) Whether the tax on fuel used by illegally nonregistered boats should be refunded to the marine tax refund account.

    The department of licensing shall make a report of its findings and recommendations to the legislative transportation committee and the office of financial management by December 1, 1998.

    (5) $382,000 of the motor vehicle fund--state appropriation is provided solely to implement Substitute House Bill No. 2659.  If Substitute House Bill No. 2659 is not enacted by June 30, 1998, this amount shall lapse.

 

    *Sec. 209. 1997 c 457 s 214 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF LICENSING‑-DRIVER SERVICES

Highway Safety Fund‑-Motorcycle Safety Education

    Account‑-State Appropriation............... $    ((1,160,000))

                                                         1,411,000

Highway Safety Fund‑-State Appropriation........                 $...................................... ((61,087,000))

                                                        57,716,000

Transportation Fund‑-State Appropriation........                 $...................................... 4,985,000

           TOTAL APPROPRIATION................. $   ((67,232,000))

                                                        64,112,000

 

    The appropriations in this section are subject to the following conditions and limitations:

    (1) $225,000 of the highway safety account-‑state appropriation is provided solely to implement Substitute House Bill No. 2442 or Senate Bill No. 6190.  If neither bill is enacted by June 30, 1998, this amount shall lapse.

    (2) $480,000 of the highway safety account-‑state appropriation is provided solely to implement Senate Bill No. 6165.  If Senate Bill No. 6165 is not enacted by June 30, 1998, this amount shall lapse.

    (3) $117,000 of the highway safety account-‑state appropriation is provided solely to implement House Bill No. 3054.  If House Bill No. 3054 is not enacted by June 30, 1998, this amount shall lapse.

    (4) $80,000 of the highway safety account-‑state appropriation is provided solely to implement House Bill No. 2730.  If House Bill No. 2730 is not enacted by June 30, 1998, this amount shall lapse.

    (5) $124,000 of the highway safety account-‑state appropriation is provided solely to implement Senate Bill No. 6591.  If Senate Bill No. 6591 is not enacted by June 30, 1998, this amount shall lapse.

    (6) $1,000,000 of the highway safety account-‑state appropriation is provided solely to implement 1998 legislation that changes statutes relating to driving under the influence.  If legislation changing the DUI statutes is not enacted by June 30, 1998, this amount shall lapse.

*Sec. 209 was partially vetoed.  See message at end of chapter.

 

    Sec. 210. 1997 c 457 s 216 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-AVIATION‑-PROGRAM F

Transportation Fund‑-Aeronautics Account‑-State

    Appropriation.............................. $    ((3,301,000))

                                                         3,801,000

Transportation Fund--Aeronautics Account‑-Federal

     Appropriation............................. $            1,000

Aircraft Search and Rescue, Safety, and Education

    Account‑-State Appropriation............... $      ((170,000))

                                                           190,000

Transportation Account--State Appropriation.... $          250,000

           TOTAL APPROPRIATION................. $    ((3,722,000))

                                                         4,242,000

 

    *Sec. 211. 1997 c 457 s 217 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-IMPROVEMENTS‑-PROGRAM I

Motor Vehicle Fund‑-Economic Development Account‑-

    State Appropriation........................ $        2,434,000

Motor Vehicle Fund‑-State Appropriation........ $  ((113,341,000))

                                                       163,275,000

Motor Vehicle Fund‑-Federal Appropriation...... $  ((130,485,000))

                                                       155,485,000

Motor Vehicle Fund‑-Private/Local

    Appropriation.............................. $       40,000,000

Special Category C Account‑-State Appropriation $   ((78,600,000))

                                                        73,271,000

Transportation Fund‑-State Appropriation........                 $...................................... ((278,546,000))

                                                       230,546,000

Puyallup Tribal Settlement Account‑-State

     Appropriation............................. $        5,000,000

Puyallup Tribal Settlement Account‑-Private/Local

     Appropriation............................. $          200,000

High Capacity Transportation Account‑-State

    Appropriation.............................. $    ((1,288,000))

                                                         1,401,000

           TOTAL APPROPRIATION................. $  ((649,894,000))

                                                       671,612,000

 

    The appropriations in this section are provided for the location, design, right of way acquisition, ((and)) or construction of state highway projects designated as improvements under RCW 47.05.030.  The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

    (((b) State funds conditioned in (a) of this subsection may also be used as match for federally funded projects of similar nature.

    (2))) (1) The special category C account‑-state appropriation of (($78,600,000)) $73,271,000 includes $26,000,000 in proceeds from the sale of bonds authorized by RCW 47.10.812 through 47.10.817 and includes (($19,000,000)) $12,000,000 in proceeds from the sale of bonds authorized by House Bill No. 1012.  The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.  If House Bill No. 1012 is not enacted by June 30, ((1997)) 1998, (($19,000,000)) $7,800,000 of the special category C account‑-state appropriation shall lapse.

    (((3))) (2) The motor vehicle fund‑-state appropriation includes $2,685,000 in proceeds from the sale of bonds authorized by RCW 47.10.819(1) for match on federal demonstration projects.  The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

    (((4))) (3) The department shall report annually to the legislative transportation committee on the status of the projects funded by the special category C appropriations contained in this section.  The report shall be submitted by January 1 of each year.

    (((5))) (4) The motor vehicle fund‑-state appropriation in this section includes $600,000 solely for a rest area and information facility in the Nisqually gateway area to Mt. Rainier, provided that at least forty percent of the total project costs are provided from federal, local, or private sources.  The contributions from the nonstate sources may be in the form of in-kind contributions including, but not limited to, donations of property and services.

    (((6))) (5) The appropriations in this section contain $118,247,000 reappropriation from the 1995-97 biennium.

    (((8))) (6) The motor vehicle fund‑-state appropriation in this section includes $250,000 to establish a wetland mitigation pilot project.  This appropriation may only be expended if the department of transportation establishes a technical committee to better implement the department's strategic plan.  The technical committee shall include, but is not limited to, cities, counties, environmental groups, business groups, tribes, the Puget Sound action team, and the state departments of ecology, fish and wildlife, and community, trade, and economic development, and appropriate federal agencies.  The committee shall assist the department in implementing its wetland strategic plan, including working to eliminate barriers to improved wetland and watershed management.  To this end, the technical committee shall:  (a) Work to facilitate sharing of agency environmental data, including evaluation of off-site and out-of-kind mitigation options; (b) develop agreed-upon guidance that will enable the preservation of wetlands that are under imminent threat from development for use as an acceptable mitigation option; (c) develop strategies that will facilitate the implementation of mitigation banking, including developing mechanisms for valuing and transferring credits; (d) provide input in the development of wetland functions assessment protocols related to transportation projects; (e) develop incentives for interagency participation in joint mitigation projects within watersheds; and (f) explore options for funding environmental mitigation strategies.  The department shall prepare an annual report to the legislative transportation committee and legislative natural resources committees on recommendations developed by the technical committee.

    (7) The department shall report January 1st and July 1st of each year, to the legislative transportation committee and the office of financial management of the timing and the scope of work being performed for the regional transit authority.  This report shall provide a description of all department activities related to the regional transit authority including investments in state‑owned infrastructure.

    (8) The translake study funded in this section shall include recommendations to address methods for mitigating traffic noise in the study area.

    (9) Funding for the SR 509 project extending south and east from south 188th street in King county is contingent on the development of a proposal linking the project to other freight corridors and a funding plan with participation from partners of the state that are agreed to by the legislative transportation committee and the governor.

    (10) The motor vehicle account‑-federal appropriation in this section is transferrable to the transportation account to ensure efficient funds management and program delivery.

    (11) $2,000,000 of the motor vehicle fund‑-state appropriation is provided solely for transfer to the advanced environmental mitigation revolving account‑-state.

    (12) The legislature finds that the state's economic development efforts can be enhanced by, in certain instances, providing funds to improve state highways in the vicinity of new industries considering locating in this state or existing industries that are considering significant expansion.  The department shall develop criteria for programming and prioritization of highway infrastructure projects that will contribute to economic development as required by RCW 47.05.051(2).  The department shall report to the legislative transportation committee on the criteria developed by December 1, 1998.

    (13) In conducting the preliminary engineering funded by this 1998 act, the department of transportation will use its existing workforce.  The department may not contract for any of the preliminary engineering services funded by this 1998 act without prior approval of the legislative transportation committee.

    (14) $13,000,000 of the motor vehicle fund‑-state appropriation and $12,000,000 of the transportation fund‑-state appropriation are provided solely for  preliminary engineering and purchase of right of way for highway construction.

    (15) $35,000,000 of the motor vehicle fund‑-state appropriation is conditioned upon voter approval of a referendum on a state-wide ballot that provides funding for transportation purposes.  If the voters approve such a referendum, $35,000,000 of the motor vehicle fund‑-state appropriation is put in reserve solely to be used for the purposes of preliminary engineering and purchase of right of way for highway construction.  These moneys may only be expended upon approval of both the legislative transportation committee and the office of financial management.

*Sec. 211 was partially vetoed.  See message at end of chapter.

 

    *Sec. 212. 1997 c 457 s 218 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-TRANSPORTATION ECONOMIC PARTNERSHIPS‑-PROGRAM K

Transportation Fund‑-State Appropriation........                 $...................................... 1,280,000

Motor Vehicle Fund‑-State Appropriation........ $       16,235,000

    TOTAL APPROPRIATION........................ $       17,515,000

 

    The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

    (1) The motor vehicle fund‑-state appropriation includes $16,235,000 in proceeds from the sale of bonds authorized in RCW 47.10.834 for all forms of cash contributions, or the payment of other costs incident to the location, development, design, right of way, and construction of only the SR 16 corridor improvements and park and ride projects selected under the public-private transportation initiative program authorized under chapter 47.46 RCW; and support costs of the public-private transportation initiatives program.

    (2) The appropriations in this section contain $16,235,000 reappropriated from the 1995-97 biennium.

    (3) $100,000 of the motor vehicle fund‑-state appropriation is provided solely for the purpose of the program evaluation and audit of the public private initiatives in transportation program required under RCW 47.46.030(2).  The legislative transportation committee shall act as project manager of the evaluation and audit and shall contract with a consultant or consultants to conduct the evaluation and audit.

*Sec. 212 was partially vetoed.  See message at end of chapter.

 

    Sec. 213. 1997 c 457 s 219 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-HIGHWAY MAINTENANCE‑-PROGRAM M

Motor Vehicle Fund‑-State Appropriation........ $  ((238,200,000))

                                                       239,200,000

Motor Vehicle Fund‑-Federal Appropriation...... $          465,000

Motor Vehicle Fund‑-Private/Local Appropriation $        3,335,000

           TOTAL APPROPRIATION................. $  ((242,000,000))

                                                       243,000,000

 

    The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

    (1) If portions of the appropriations in this section are required to fund maintenance work resulting from major disasters not covered by federal emergency funds such as fire, flooding, and major slides, supplemental appropriations will be requested to restore state funding for ongoing maintenance activities.

    (2) The department shall deliver the highway maintenance program according to the plans for each major maintenance group to the extent practical.  However, snow and ice expenditures are highly variable depending on actual weather conditions encountered.  If extraordinary winter needs result in increased winter maintenance expenditures, the department shall, after prior consultation with the transportation commission, the office of financial management, and the legislative transportation committee adopt one or both of the following courses of action:  (a) Reduce planned maintenance activities in other groups to offset the necessary increases for snow and ice control; or (b) continue delivery as planned within other major maintenance groups and request a supplemental appropriation in the following legislative session to fund the additional snow and ice control expenditures.

    (3) The department shall request an unanticipated receipt for any federal moneys received for emergency snow and ice removal and shall place an equal amount of the motor vehicle fund--state into unallotted status.  This exchange shall not affect the amount of funding available for snow and ice removal.

    (4) Funding appropriated for local storm water charges assessed under RCW 90.03.525, which is allocated for, but not paid to, a local storm water utility because the utility did not meet the conditions provided under RCW 90.03.525, may be transferred by the department to program Z of the department to be distributed as grants under the storm water grant program.

 

    *Sec. 214. 1997 c 457 s 220 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-PRESERVATION‑-PROGRAM P

Motor Vehicle Fund‑-State............. Appropriation                    $                         ((289,777,000))

                                                       288,720,000

Motor Vehicle Fund‑-Federal Appropriation...... $      274,259,000

Motor Vehicle Fund‑-Private/Local Appropriation $        2,400,000

    TOTAL APPROPRIATION........................ $  ((566,436,000))

                                                       568,379,000

 

    The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

    (1) The motor vehicle fund‑-state appropriation includes $6,800,000 in proceeds from the sale of bonds authorized in RCW 47.10.761 and 47.10.762 for emergency purposes.  However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

    (2) The appropriations in this section contain $27,552,000 reappropriated from the 1995-97 biennium.

    (3) If the Oregon state legislature enacts a public/private partnership program and the Washington state transportation commission, in consultation with the legislative transportation committee, negotiates and enters into an agreement between Washington and Oregon to place the Lewis and Clark bridge into Oregon's public/private partnership program, up to $3,000,000 of the motor vehicle fund--state appropriation may be used as Washington's contribution toward the design of the project pursuant to the agreement between Washington and Oregon.  Any additional contributions shall be subject to Washington state legislative appropriations and approvals.  The department shall provide a status report on this project to the legislative transportation committee by June 30, 1998.

    (4) The transportation commission shall develop a comprehensive policy on tolling that shall include, but not be limited to, identification of the criteria for determining which facilities shall be considered for toll financing, a process for determining the amount of tolls to be assessed, and a process for soliciting and incorporating public input.  A report on the policy shall be provided to the legislative transportation committee and the office of financial management by March 1, 1999.

    (5) The twenty-year bridge system plan is assumed to be fully funded by existing revenues.  The current straight-line planning and budgeting methods for bridge preservation projects do not accommodate the cash flow requirements of major bridge preservation projects such as the Hood Canal Bridge.  The department shall recommend to the legislative transportation committee, by December 1, 1998, a sequencing plan for the twenty-year bridge system plan that includes the cash flow requirements associated with the major bridge replacement/ rehabilitation projects.

    (6) $630,000 of the motor vehicle fund‑-state appropriation is provided for slope stabilization along state route 166 in the Ross Point vicinity.  This amount is intended to fund preliminary engineering, right of way acquisition, and to begin construction.

*Sec. 214 was partially vetoed.  See message at end of chapter.

 

    Sec. 215. 1997 c 457 s 221 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-TRAFFIC OPERATIONS‑-PROGRAM Q

State Patrol Highway Account--State

    Appropriation.............................. $          153,000

Motor Vehicle Fund‑-State Appropriation........ $   ((29,140,000))

                                                        30,412,000

Motor Vehicle Fund--Federal Appropriation...... $        1,000,000

Motor Vehicle Fund--Private/Local

    Appropriation.............................. $          275,000

           TOTAL APPROPRIATION................. $       31,840,000

 

    The appropriation in this section is subject to the following conditions and limitations and specified amount is provided solely for that activity:

    (1) The department, in cooperation with the Washington state patrol and the tow truck industry, shall develop and submit to the legislative transportation committee by October 31, 1997, a recommendation for implementing new tow truck services during peak hours on the Puget Sound freeway system.

    (2) The department, in cooperation with the Washington state patrol, the department of licensing, the state of Oregon, and the United States department of transportation, shall install and operate the commercial vehicle information systems and network (CVISN) at a selected pilot site.  If the state department of transportation receives additional federal funding for this project that is eligible to supplant state funding, the appropriation in this section shall be reduced by the amount of the state funds supplanted.

 

    Sec. 216. 1997 c 457 s 222 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-TRANSPORTATION MANAGEMENT AND SUPPORT‑-PROGRAM S

Motor Vehicle Fund‑-Puget Sound Capital

    Construction Account‑-State Appropriation...                 $ 777,000

Motor Vehicle Fund‑-State Appropriation........ $   ((57,462,000))

                                                        70,032,000

Motor Vehicle Fund‑-Puget Sound Ferry Operations

    Account‑-State Appropriation............... $        1,093,000

Transportation Fund‑-State Appropriation........                 $...................................... 1,158,000

           TOTAL APPROPRIATION................. $   ((60,490,000))

                                                        73,060,000

 

    The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

    (1)(a) The motor vehicle fund‑-state appropriation includes $((2,650,000)) 14,300,000 provided solely for programming activities and other efforts needed to bring the department's information systems, and devices with computers built into them, into compliance with the year 2000 requirements of the department of information services.  The department is directed to expend the moneys internally reallocated for this purpose before spending from this appropriation.  The department is directed to provide quarterly reports on this effort to the legislative transportation committee and the office of financial management beginning October 1, 1997.

    (b) Up to $2,900,000 of the amount provided in (a) of this subsection may be expended for testing and required modifications to electronic devices and other equipment and specialized software that are essential for department operations to ensure they are year 2000 compliant.  Before expending any of this amount for these purposes, the department shall consult with the legislative transportation committee and the office of financial management.

    (2) The legislative transportation committee shall review and analyze freight mobility issues affecting eastern and southeastern Washington as recommended by the freight mobility advisory committee and report back to the legislature by November 1, 1997.  $500,000 of the motor vehicle fund‑-state appropriation is provided for this review and analysis.  The funding conditioned in this subsection shall be from revenues provided for interjurisdictional studies.

    (3) In order to increase visibility for decision making, the department shall review its budgeting and accounting methods for management information systems.  The review shall include, but not be limited to, the cost-benefit analysis of existing processes and evaluation of less complex alternatives such as direct appropriations.  The results of the review shall be reported to the legislative transportation committee and the office of financial management by July 1, 1998.

 

    Sec. 217. 1997 c 457 s 224 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-CHARGES FROM OTHER AGENCIES‑-PROGRAM U

    (1) FOR PAYMENT OF COSTS OF ATTORNEY GENERAL TORT CLAIMS SUPPORT

Motor Vehicle Fund‑-State Appropriation........ $        2,515,000

    (2) FOR PAYMENT OF COSTS OF THE OFFICE OF THE STATE AUDITOR

Motor Vehicle Fund‑-State Appropriation........ $          840,000

    (3) FOR PAYMENT OF COSTS OF DEPARTMENT OF GENERAL ADMINISTRATION FACILITIES AND SERVICES AND CONSOLIDATED MAIL SERVICES

Motor Vehicle Fund‑-State Appropriation........ $        3,391,000

    (4) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF PERSONNEL

Motor Vehicle Fund‑-State Appropriation........ $        2,240,000

    (5) FOR PAYMENT OF SELF-INSURANCE LIABILITY PREMIUMS AND ADMINISTRATION

Motor Vehicle Fund‑-State Appropriation........ $   ((12,120,000))

                                                        12,535,000

    (6) FOR PAYMENT OF SELF-INSURANCE LIABILITY PREMIUMS AND ADMINISTRATION

Motor Vehicle Fund‑-Puget Sound Ferry Operations

           Account‑-State Appropriation........ $        2,928,000

    (7) FOR PAYMENT OF COSTS OF THE OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES

Motor Vehicle Fund‑-State Appropriation........ $          536,000

    (8) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF GENERAL ADMINISTRATION STATE PARKING SERVICES

Motor Vehicle Fund‑-State Appropriation........ $           90,000

    (9) FOR PAYMENT OF THE DEPARTMENT OF GENERAL ADMINISTRATION CAPITAL PROJECTS SURCHARGE

Motor Vehicle Fund‑-State Appropriation........ $          735,000

    (10) FOR ARCHIVES AND RECORDS MANAGEMENT

Motor Vehicle Fund‑-State Appropriation........ $      ((295,000))

                                                           355,000

 

    Sec. 218. 1997 c 457 s 225 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-WASHINGTON STATE FERRIES CONSTRUCTION‑-PROGRAM W

Motor Vehicle Fund‑-Puget Sound Capital

    Construction Account‑-State Appropriation...                 $    ((243,229,000))

                                                       209,886,000

Motor Vehicle Fund‑-Puget Sound Capital

    Construction Account‑-Federal

    Appropriation.............................. $       30,165,000

Motor Vehicle Fund‑-Puget Sound Capital

    Construction Account‑-Private/Local

    Appropriation.............................. $          765,000

Transportation Fund‑-Passenger Ferry Account‑-

    State Appropriation........................ $      ((579,000))

                                                           640,000

               TOTAL APPROPRIATION............. $  ((274,738,000))

                                                       241,456,000

 

    The appropriations in this section are provided for improving the Washington state ferry system, including, but not limited to, vessel acquisition, vessel construction, major and minor vessel improvements, and terminal construction and improvements.  The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

    (1) The appropriations in this section are provided to carry out only the projects (version 3) adjusted by the legislature for the 1997-99 budget.  The department shall reconcile the 1995-97 capital expenditures within ninety days of the end of the biennium and submit a final report to the legislative transportation committee and office of financial management.

    (2) The Puget Sound capital construction account‑-state appropriation includes $100,000,000 in proceeds from the sale of bonds authorized by RCW 47.60.800 for vessel and terminal acquisition, major and minor improvements, and long lead time materials acquisition for the Washington state ferries, including construction of new jumbo ferry vessels in accordance with the requirements of RCW 47.60.770 through 47.60.778.  However, the department of transportation may use current revenues available to the Puget Sound capital construction account in lieu of bond proceeds for any part of the state appropriation.

    (3) The department of transportation shall provide to the legislative transportation committee and office of financial management a quarterly financial report concerning the status of the capital program authorized in this section.

    (4) Washington state ferries is authorized to reimburse up to $3,000,000 from the Puget Sound capital construction account‑-state appropriation or Puget Sound capital construction account--federal appropriation to the city of Bremerton and the port of Bremerton for Washington state ferries' financial participation in the development of a Bremerton multimodal transportation terminal, port of Bremerton passenger-only terminal expansion, and ferry vehicular connections to downtown traffic circulation improvements.  The reimbursement shall specifically support the construction of the following components:  Appropriate passenger-only ferry terminal linkages to accommodate bow-loading catamaran type vessels and the needed transit connections; and the Washington state ferries' component of the Bremerton multimodal transportation terminal as part of the downtown Bremerton redevelopment project, including appropriate access to the new downtown traffic circulation road network.

    (5) The Puget Sound capital construction account‑-state appropriation includes funding for capital improvements on vessels to meet United States Coast Guard Subchapter W regulation revisions impacting SOLAS (safety of life at sea) requirements for ferry operations on the Anacortes to Sidney, B.C. ferry route.

    (6) The Puget Sound capital construction account‑-state appropriation, the Puget Sound capital construction account--federal appropriation, and the passenger ferry account‑-state appropriation include funding for the construction of one new passenger-only vessel and the department's exercise of the option to build a second passenger-only vessel.

    (7) The Puget Sound capital construction account‑-state appropriation includes funding for the exploration and acquisition of a design for constructing a millennium class ferry vessel.

    (8) The Puget Sound capital construction account‑-state appropriation includes $90,000 for the purchase of defibrillators.  At least one defibrillator shall be placed on each vessel in the ferry fleet.

    (9) The appropriations in this section contain $46,962,000 reappropriated from the 1995-97 biennium.

    (((10)(a) The Puget Sound capital construction account--state appropriation includes $57,461,000 for the 1997-99 biennium portion of the design and construction of a fourth Jumbo Mark II ferry and for payments related to the lease-purchase of the vessel's engines and propulsion system.

    (b) If House Bill No. 2108 authorizing the department to procure the vessel utilizing existing construction and equipment acquisition contracts is not enacted during the 1997 legislative session, (a) of this subsection is null and void; $50,000,000 of the motor vehicle fund--Puget Sound capital construction account--state appropriation shall not be allotted; and $7,461,000 may be allotted for preservation or renovation of Super class ferries.))

 

    Sec. 219. 1997 c 457 s 226 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-MARINE‑-PROGRAM X

Marine Operating Fund‑-State Appropriation..... $  ((267,358,000))

                                                       270,522,000

 

    The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:

    (1) The appropriation is based on the budgeted expenditure of (($29,151,000)) $28,696,000 for vessel operating fuel in the 1997-99 biennium.  If the actual cost of fuel is less than this budgeted amount, the excess amount may not be expended.  If the actual cost exceeds this amount, the department shall request a supplemental appropriation.

    (2) The appropriation provides for the compensation of ferry employees.  The expenditures for compensation paid to ferry employees during the 1997-99 biennium may not exceed (($177,347,000)) $179,095,000 plus a dollar amount, as prescribed by the office of financial management, that is equal to any insurance benefit increase granted general government employees in excess of $313.95 a month annualized per eligible marine employee multiplied by the number of eligible marine employees for the respective fiscal year, a dollar amount as prescribed by the office of financial management for costs associated with pension amortization charges, and a dollar amount prescribed by the office of financial management for salary increases during the 1997-99 biennium.  For the purposes of this section, the expenditures for compensation paid to ferry employees shall be limited to salaries and wages and employee benefits as defined in the office of financial management's policies, regulations, and procedures named under objects of expenditure "A" and "B" (7.2.6.2).

    The prescribed salary and insurance benefit increase or decrease dollar amount that shall be allocated from the governor's compensation appropriations is in addition to the appropriation contained in this section and may be used to increase or decrease compensation costs, effective July 1, 1997, and thereafter, as established in the 1997-99 general fund operating budget.

    (3) The department of transportation shall provide to the legislative transportation committee and office of financial management a quarterly financial report concerning the status of the operating program authorized in this section.

    (4) The appropriation in this section includes up to $1,566,000 for additional operating expenses required to comply with United States Coast Guard Subchapter W regulation revisions for vessels operating on the Anacortes to Sidney, B.C. ferry route.  The department shall explore methods to minimize the cost of meeting United States Coast Guard requirements and shall report the results to the legislative transportation committee and office of financial management by September 1, 1997.

    (5) The department shall request a reduction of the costs associated with the use of the terminal leased from the Port of Anacortes and costs associated with use of the Sidney, British Columbia terminal.

    (6) Agreements between Washington state ferries and concessionaires for automatic teller machines on ferry terminals or vessels shall provide for and include banks and credit unions that primarily serve the west side of Puget Sound.

    (7) In the event federal funding is provided for one or more passenger-only ferry vessels for the purpose of transporting United States naval personnel, the department of transportation is authorized to acquire and construct such vessels in accordance with the authority provided in RCW 47.56.030, and the department shall establish a temporary advisory committee comprised of representatives of the Washington state ferries, transportation commission, legislative transportation committee, office of financial management, and the United States Navy to analyze and make recommendations on, at a minimum, vessel performance criteria, docking, vessel deployment, and operating issues.

    (((9))) (8) The appropriation provides funding for House Bill No. 2165 (paying interest on retroactive raises for ferry workers).

    (9) The commission is authorized to increase Washington state ferry tariffs in excess of the fiscal growth factor, established under chapter 43.135 RCW, in fiscal year 1998 and fiscal year 1999.

    (10) Funding for Anacortes to Sidney advertising is contingent upon partners meeting their commitment.  In no event may the state share exceed fifty percent of the cash contribution toward the project.

    (11) $1,370,000 of this appropriation is provided solely for the Hiyu operation for Southworth/Vashon 5 days per week for 16 hours per day.  Prior to placing the Hiyu in permanent service on a route between Vashon and Southworth, the Washington state ferries shall conduct a study of the impact of additional service on Vashon and Southworth and report back to the legislative transportation committee by May 15, 1998.

    (12) $446,000 of this appropriation is provided solely to provide an additional crew member on Jumbo Mark 2 ferries as required by emergency evacuation regulations adopted by the United States Coast Guard.  If the Coast Guard requirement can be met without the hiring of additional staff, the portion of this appropriation provided to meet that requirement shall not be expended.

 

    *Sec. 220. 1997 c 457 s 227 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-PUBLIC TRANSPORTATION AND RAIL‑-PROGRAM Y

Essential Rail Assistance Account‑-State

    Appropriation.............................. $          256,000

High Capacity Transportation Account‑-State

    Appropriation.............................. $    ((6,225,000))

                                                        13,225,000

Air Pollution Control Account‑-State

    Appropriation.............................. $        6,290,000

Transportation Fund‑-State Appropriation........                 $...................................... ((48,529,000))

                                                        55,029,000

Transportation Fund‑-Federal Appropriation..... $        3,947,000

Transportation Fund‑-Private/Local

    Appropriation.............................. $          105,000

Central Puget Sound Public Transportation

    Account‑-State Appropriation............... $      ((250,000))

                                                         4,250,000

           TOTAL APPROPRIATION................. $   ((65,602,000))

                                                        83,102,000

 

    The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

    (1) Up to (($40,180,000)) $46,180,000 of the transportation fund‑-state appropriation is provided for intercity rail passenger service including up to $8,000,000 for lease purchase of two advanced technology train sets with total purchase costs not to exceed $20,000,000; up to $1,000,000 for one spare advanced technology train power-car and other spare parts, subsidies for operating costs not to exceed $12,000,000, to maintain service of two state contracted round trips between Seattle and Portland and one state contracted round trip between Seattle and Vancouver, British Columbia, and capital projects necessary to provide Seattle-Vancouver, British Columbia, train operating times of under 4 hours.

    (2) Up to (($2,500,000)) $3,000,000 of the transportation fund‑-state appropriation is provided for the rural mobility program administered by the department of transportation.  Priority for grants provided from this account shall be given to projects and programs that can be accomplished in the 1997-99 biennium.

    (3) Up to $600,000 of the high capacity transportation account‑-state appropriation is provided for rail freight coordination, technical assistance, and planning.

    (4) The department shall provide biannual reports to the legislative transportation committee and office of financial management regarding the department's rail freight program.  The department shall also notify the committee for project expenditures from all fund sources prior to making those expenditures.  The department shall examine the ownership of grain cars and the potential for divestiture of those cars and other similar assets and report those findings to the committee prior to the 1998 legislative session.

    (5) Up to  $750,000 of the transportation fund‑-state appropriation and up to $250,000 of the central Puget Sound public transportation account‑-state appropriation are provided to fund activities relating to coordinating special needs transportation among state and local providers.  These activities may include demonstration projects, assessments of resources available versus needs, and identification of barriers to coordinating special needs transportation.  The department will consult with the superintendent of public instruction, the secretary of the department of social and health services, the  office of financial management, the fiscal committees of the house of representatives and senate, special needs consumers, and specialized transportation providers in meeting the goals of this subsection.

    (6) The appropriations in this section contain $4,599,000 reappropriated from the 1995-97 biennium.

    (7) The high capacity transportation account--state appropriation includes $75,000 for the department to develop a strategy and to identify how the agency would expend additional moneys to enhance the commute trip reduction program.  The report would include recommendations for grant programs for employers and jurisdictions to reduce SOV usage and to provide transit incentives to meet future commute trip reduction requirements.  The report is due to the legislative transportation committee by January 1, 1998.

    (8) In addition to the appropriations contained in this section, the office of financial management shall release the $2,000,000 transportation fund--state funds appropriated for the intercity rail passenger program in the 1995-97 biennium but held in reserve pursuant to section 502, chapter 165, Laws of 1996.

    (9) Up to $150,000 of the transportation fund--state appropriation is provided for the management and control of the transportation corridor known as the Milwaukee Road corridor owned by the state between Ellensburg and Lind, and to take actions necessary to allow the department to be in a position, with further legislative authorization, to begin to negotiate a franchise with a rail carrier to establish and maintain a rail line over portions of the corridor by July 1, 1999.

    (10) Up to $2,500,000 of the high capacity transportation account‑-state appropriation and $4,000,000 of the central Puget Sound public transportation account--state appropriation may be used by the department for activities related to improvement of the King Street station.  The department shall provide monthly reports to the legislative transportation committee on activities related to the station, including discussions of funding commitments from others for future improvements to the station.

    (11) $4,000,000 of the high capacity transportation account‑-state appropriation for passenger rail infrastructure improvement is provided solely for rail improvements to add rail passenger service north of Seattle.  These funds are conditioned on match of at least equal amounts from both Burlington Northern Sante Fe and Amtrak for rail line improvements and upon Amtrak purchasing an additional train set for operation in the corridor.  These funds shall not be expended until authorized by the legislative transportation committee and the office of financial management; and the participation of international partners in service provided in the corridor shall be considered in such a decision.

*Sec. 220 was partially vetoed.  See message at end of chapter.

 

    *Sec. 221. 1997 c 457 s 228 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-LOCAL PROGRAMS‑-PROGRAM Z

Motor Vehicle Fund‑-State............. Appropriation                    $                         ((8,452,000))

                                                         9,802,000

Motor Vehicle Fund‑-Federal Appropriation...... $       33,726,000

High Capacity Transportation Account--

    State Appropriation........................ $      ((500,000))

                                                           650,000

Transportation Account--State Appropriation.... $        1,175,000

           TOTAL APPROPRIATION................. $   ((42,678,000))

                                                        45,353,000

 

    The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

    (1) The motor vehicle fund‑-state appropriation includes $1,785,000 in proceeds from the sale of bonds authorized by RCW 47.10.819(1).  The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

    (2) As a condition of receiving the full state subsidy in support of the Puget Island ferry, Wahkiakum county must, by December 31, 1997, increase ferry fares for passengers and vehicles by at least ten percent.  If the fares are not increased to meet this requirement, the department, in determining the state subsidy after December 31, 1997, shall reduce the operating deficit by the amount that would have been generated if the ten percent fare increase had been implemented.

    (3) The appropriations in this section contain $1,750,000 reappropriated from the 1995-97 biennium.

    (4) Up to $500,000 of the high capacity transportation account--state appropriation is provided for implementation of the recommendations of the freight mobility advisory committee, and any legislation enacted resulting from those recommendations.

    (5) $175,000 of the transportation fund--state appropriation is provided solely to fund the freight mobility strategic investment board.  If Second Substitute House Bill No. 2180 is not enacted by June 30, 1998, this amount shall lapse.

    (6) The transportation account‑-state appropriation includes $600,000 to establish alternatives for flood management and flood hazard reduction projects in the Chehalis Basin.  A technical committee comprised of the department of transportation, department of ecology, the United States army corps of engineers, federal emergency management administration, United States geological survey, affected counties and tribes, and other entities with critical knowledge related to flood hazard reduction projects in the Chehalis Basin shall be formed.  Funds shall be distributed to counties within the Chehalis Basin by the department of transportation for projects that further understanding of the causes of flooding and options for flood hazard reduction.  Alternatives shall be consistent with fish and habitat recovery efforts.  Projects funded shall be coordinated with the technical committee.  The department of transportation shall present a report to the legislative transportation committee and other appropriate legislative committees regarding findings and/or progress made by funded projects by December 1, 1998.

    (7) The executive director of the transportation improvement board, the director of the county road administration board, and the assistant secretary of the Transaid service center within the department of transportation shall submit to the legislative transportation committee and the office of financial management, by December 1, 1998, a plan and time schedule to consolidate the county road administration board, the transportation improvement board, and the transaid division.  Progress reports are required in June 1998 and September 1998.

    The plan must attempt to achieve the savings identified in the local government assistance study delivered to the budget development working group of the legislative transportation committee in January 1998, except the plan may use up to thirty percent of the savings to increase technical assistance above current levels.  Elements of the plan must include but not be limited to:

    (a) Whether the consolidation will occur within an existing agency or as a separate agency;

    (b) Whether the consolidated organization will be governed by a new or existing board or commission or another option;

    (c) An organization chart;

    (d) Identification of new activities, ongoing activities, and activities that no longer need to continue;

    (e) Space requirements;

    (f) An accounts and program structure; and

    (g) A transition process and costs associated with the transition.

    $50,000 of the motor vehicle fund‑-state appropriation from the inter-jurisdictional set-aside is provided solely for a facilitator and other costs associated with development of the plan.  The assistant secretary for the transaid division will coordinate these activities.

    (8) $750,000 of the motor vehicle fund‑-state appropriation is provided solely for a median barrier upon the Spokane street viaduct.  Use of this funding is contingent upon a commitment of funding from other partners for the remainder of the project cost.

    (9) Up to $150,000 of the high capacity transportation account‑-state appropriation is provided for the installation of active railroad crossing warning devices at the sunnyside beach park entrance in Steilacoom.

    (10) $400,000 of the transportation fund‑-state appropriation is provided solely for a study by the legislative transportation committee, in cooperation with the port of Benton, developing a strategic corridor feasibility and master site plan for the port of Benton.  If the port of Benton does not provide at least $200,000 to fund the plan development, the transportation fund‑-state appropriation referenced in this subsection shall lapse and this subsection shall be null and void.

*Sec. 221 was partially vetoed.  See message at end of chapter.

 

                           (End of part)


 

 

                             PART III

            TRANSPORTATION AGENCIES CAPITAL FACILITIES

 

    *Sec. 301.  1997 c 457 s 301 (uncodified) is amended to read as follows:

    (1) The state patrol, the department of licensing, and the department of transportation shall coordinate their activities when siting facilities.  This coordination shall result in the collocation of driver and vehicle licensing, vehicle inspection service facilities, and other transportation services whenever possible.

    The department of licensing, the department of transportation, and the state patrol shall explore alternative state services, such as vehicle emission testing, that would be feasible to collocate in these joint facilities.  All services provided at these transportation service facilities shall be provided at cost to the participating agencies.

    (2) The department of licensing may lease develop with option to purchase or lease purchase new customer service centers to be paid for from operating revenues.  The Washington state patrol shall provide project management for the department of licensing.  Alternatively, a financing contract may be entered into on behalf of the department of licensing in the amounts indicated plus financing expenses and reserves pursuant to chapter 39.94 RCW.  The locations and amounts for projects covered under this section are as follows:

    (a) A new customer service center in Vancouver for $3,709,900;

    (b) A new customer service center in Thurston county for $4,641,200; and

    (c) A new customer service center in Union Gap for $3,642,000.

    (3) The Washington state patrol, department of licensing, and department of transportation shall provide monthly progress reports to the legislative transportation committee within the transportation executive information system on the capital facilities receiving an appropriation in this act.

    (4) The transportation agencies shall perform a review and analysis of current office facilities housing the work force within Thurston county for the department of transportation, Washington state patrol, department of licensing, and traffic safety commission.  This review and analysis shall address, as a minimum, the historical growth of the agencies facilities requirements; a comprehensive cost/benefit analysis of current leased vs. owned facilities using the office of financial management lease/purchase decision model; and short-term, mid-term, and long-term facilities proposals, including a comprehensive life-cycle analysis of the proposals.  The review and analysis is to be performed jointly by the department of transportation, Washington state patrol, department of licensing, traffic safety commission, department of general administration, and office of financial management.  Monthly progress reports shall be provided to the legislative transportation committee.  Agencies will make a recommendation on a transportation center to reduce the number of leased facilities and move toward a state-owned facility.  A report is to be presented to the legislative transportation committee and the office of financial management no later than September 30, 1998.

*Sec. 301 was partially vetoed.  See message at end of chapter.

 

    Sec. 302.  1997 c 457 s 302 (uncodified) is amended to read as follows:

FOR THE WASHINGTON STATE PATROL‑-CAPITAL PROJECTS

Motor Vehicle Fund‑-State Patrol Highway

    Account‑-State Appropriation............... $    ((7,075,000))

                                                        10,425,000

Transportation Fund‑-State Appropriation........                 $...................................... ((4,000,000))

                                                         1,000,000

               TOTAL APPROPRIATION............. $   ((11,075,000))

                                                        11,425,000

 

    The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

    (1) The appropriations in the transportation fund and the motor vehicle fund--state patrol highway account are provided for the microwave migration, Yakima district 3 headquarters office, weigh station facilities identified in the budget notes, training academy HVAC system, Vancouver Ridgefield commercial vehicle inspection building, and regular facilities maintenance.

    (2) The Washington state patrol, based on an independent real estate appraisal, is authorized to purchase the Port Angeles detachment office for a maximum of $600,000 provided the appraisal is $600,000 or above in value.  If the appraisal is less than $600,000, the Washington state patrol is authorized to purchase the building for the appraised value.  Certificates of participation will be used for financing the cost of the building and related financing fees.

    (3) A report will be prepared and presented to the legislature and office of financial management in January 1998 on the microwave migration project.

    (4) The funding for the microwave migration project is limited to $4,400,000, the amount of revenue from frequency sales.

    (5) The intent of the legislature is to have vehicle identification number (VIN) lanes and encourage colocation of other transportation and state services wherever feasible in transportation facilities.

    (6) The Washington state patrol is authorized to proceed with the exchange of the Olympia, Washington Martin Way property for a light industrial land complex to be used to consolidate existing separately located state activities and functions.  The agency will work with the office of financial management, department of general administration, and the legislative transportation committee in the exchange and approval processes.

 

                           (End of part)


 

 

                              PART IV

                    TRANSFERS AND DISTRIBUTIONS

 

    Sec. 401.  1997 c 457 s 401 (uncodified) is amended to read as follows:

FOR THE STATE TREASURER‑-BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES:  FOR BOND SALES DISCOUNTS AND DEBT TO BE PAID BY MOTOR VEHICLE FUND AND TRANSPORTATION FUND REVENUE

Highway Bond Retirement Account Appropriation...                 $........................................... 195,062,000

Ferry Bond Retirement Account Appropriation.... $       49,606,000

Transportation Improvement Board Bond Retirement

    Account Appropriation...................... $       40,000,000

               TOTAL APPROPRIATION............. $  ((244,668,000))

                                                       284,668,000

 

    The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity.  If either House Bill No. 2582 or Senate Bill No. 6315 is enacted by June 30, 1998, then $40,000,000 of the highway bond retirement account appropriation shall lapse.  If neither House Bill No. 2582 nor Senate Bill No. 6315 is enacted by June 30, 1998, then the appropriation for the transportation improvement board bond retirement account shall lapse.

 

    *Sec. 402.  1997 c 457 s 402 (uncodified) is amended to read as follows:

FOR THE STATE TREASURER‑-BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES:  FOR BOND SALE EXPENSES AND FISCAL AGENT CHARGES

 

Motor Vehicle Fund‑-Puget Sound Capital

    Construction Account Appropriation......... $          500,000

Motor Vehicle Fund Appropriation............... $      ((130,000))

                                                         1,099,000

Transportation Improvement Account

    Appropriation.............................. $          200,000

Special Category C Account Appropriation........                 $...................................... ((350,000))

                                                           190,000

Transportation Capital Facilities Account

    Appropriation.............................. $            1,000

Urban Arterial Account Appropriation........... $            5,000

               TOTAL APPROPRIATION............. $    ((1,186,000))

                                                         1,995,000

*Sec. 402 was partially vetoed.  See message at end of chapter.

 

    *NEW SECTION.  Sec. 403.  A new section is added to 1997 c 457 (uncodified) to read as follows:

    The office of the state treasurer is authorized to transfer any transportation improvement account and urban arterial trust account balances available in the highway bond retirement account into the transportation improvement board bond retirement account following a cooperative agreement by the department of transportation and the transportation improvement board on the exact amount of the transfer.

*Sec. 403 was vetoed.  See message at end of chapter.

 

    Sec. 404.  1997 c 457 s 407 (uncodified) is amended to read as follows:

FOR THE STATE TREASURER‑-TRANSFERS

(1) R V Account‑-State Appropriation:

For transfer to the Motor Vehicle Fund‑-

    State...................................... $        1,176,000

(2) Motor Vehicle Fund‑-State Appropriation:

For transfer to the Transportation Capital

    Facilities Account‑-State.................. $   ((47,569,000))

                                                        42,569,000

(3) ((Small City Account‑-State Appropriation:

For transfer to the Urban Arterial Trust

    Account‑-State............................. $        3,359,000

(4))) Small City Account‑-State Appropriation:

For transfer to the Transportation Improvement

    Account‑-State............................. $        7,500,000

 

    Sec. 405.  1997 c 457 s 408 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-TRANSFERS

Motor Vehicle Fund‑-State Appropriation

For transfer to the Transportation Equipment Fund‑‑

    State Appropriation........................ $          500,000

Transportation Equipment Fund--State Appropriation

For transfer to the Motor Vehicle

    Fund--State................................ $        3,500,000

 

    The appropriations transfers in this section ((is)) are provided for the purchase of equipment for the highway maintenance program from the transportation equipment fund - operations.

 

    NEW SECTION.  Sec. 406.  A new section is added to 1997 c 457 (uncodified) to read as follows:

    The department of transportation is authorized to transfer any balances available in the highway construction stabilization account to the motor vehicle account to fund the appropriations contained in this act.

 

                           (End of part)


 

 

                              PART V

                           MISCELLANEOUS

 

           C. BUDGET SUBMITTAL AND OVERSIGHT PROVISIONS

 

    *NEW SECTION.  Sec. 501.  Any agency requesting transportation funding must submit to the legislative transportation committees the same request and supporting documents presented to the office of financial management at agency budget submittal time.

*Sec. 501 was vetoed.  See message at end of chapter.

 

    *NEW SECTION.  Sec. 502.  The public transportation and rail program shall be divided into three separate programs in the 1999-01 biennium.  They shall be public transportation, rail-operating, and rail-capital.

*Sec. 502 was vetoed.  See message at end of chapter.

 

    NEW SECTION.  Sec. 503.  A new section is added to 1997 c 457 (uncodified) to read as follows:

    Transportation agencies shall undertake the following activities in order to establish a performance-based budgeting process for the 1999-2001 biennial budget:

    (1) The department of licensing, the department of transportation, and the Washington state patrol, in cooperation with the office of financial management and the legislative transportation committee, shall implement a performance budgeting process that provides a measurable link between agency objectives, service levels, and budget.  The agencies shall also develop indicators of performance, stated in terms of expected results, to measure the agencies' progress in achieving the agencies' goals.

    (2) The transportation agencies shall submit a strategic plan with their agency request budgets.  The strategic plan must include a six‑ year outlook and define and clarify the agency mission and vision, provide the basis for budget development, and outline the agency's goals and strategies.

    (3) The transportation agencies shall establish performance indicators that measure activities and associated goals and strategies in the strategic plan.  The agencies shall also provide a preferred level of performance over the next six years.

    (4) The legislative transportation committee, the office of financial management, and the transportation agencies shall establish the means of conducting program authorization reviews of all transportation programs.  The reviews shall include:

    (a) An agency self‑assessment to judge the quality and usefulness of:  (i) The agency's long‑term strategic program goals; (ii) program priorities and objectives; (iii) activities necessary to achieve program priorities and objectives; (iv) service level criteria for the necessary activities; (v) best practices by other states as a possible benchmark of the performance of their programs; and (vi) service level criteria, as measured against different funding levels;

    (b) A review of the agency self‑assessment and a report to the legislature; and

    (c) A report which recommends whether to retain, eliminate, or modify funding and related statutory references for the agency.  The parties conducting the review shall consider: (i) Whether the agency performance measures adequately measure the agency goals; (ii) whether the program performs efficiently and effectively, including comparisons with other jurisdictions, if applicable; (iii) whether there are other cost‑effective alternative methods of accomplishing the program's mission; and (iv) whether there are any funds saved by the agency's performance.

    (5) The transportation agencies shall each designate a program to test the effectiveness of performance‑based budgeting for the 1999‑2001 budget submittal period.

    (6) Each agency shall submit a program list to the legislative transportation committee and the office of financial management at the end of each fiscal year, which describes the functions of the program, the fund sources for the program, and the number of full‑time equivalents.

    (7) The transportation agencies shall develop agency biennial budget requests at the agency budget program level, rather than the object level, and submit their biennial and supplemental budget requests to the office of financial management via a common budget system beginning July 1, 1998.

    (8) The agencies shall input monthly their financial information and quarterly program performance measurements into the transportation executive information system and other systems as required by the office of financial management.  There is no requirement to submit a monthly hard copy report to the legislature.

    (9) Agencies are not required to develop a new strategic plan, performance measures, or management quality initiatives in place of current performance‑based budgeting activities.

    (10) If Substitute Senate Bill No. 2890 is enacted by June 30, 1998, this section is null and void.

 

             D. BILLS NECESSARY TO IMPLEMENT THIS ACT

 

    Sec. 504.  1997 c 457 s 511 (uncodified) is amended to read as follows:

    The following bills, as identified by bill number in the form as passed by the legislature, are necessary to implement portions of this act:  ((Engrossed Substitute House Bill No. 1011, Substitute House Bill No. 2108, or Substitute Senate Bill No. 5718)) (1) House Bill Nos. 2659, 2615, 1553, 3110, 2892, 1012, 1487, 1009, 1014, 2417, 2180, 2526, 2839, 3015, 3098, 3117, and 2734.

    (2) Senate Bill Nos. 6439 and 6050.

 

                 E. EFFICIENCIES AND NEW POLICIES

 

    NEW SECTION.  Sec. 505.  (1) The secretary of transportation shall implement efficiency measures:

    (a) Identified by the department, with particular focus on improved efficiency in the department's administrative services and programs; and

    (b) Recommended by the joint legislative audit and review committee performance audit.

    (2) The secretary shall report on the results and progress of the efficiency measures implementation.  The secretary shall deliver the report to the legislative transportation committee by December 1, 1998.

 

    NEW SECTION.  Sec. 506.  The department shall develop a process for expediting the acquisition of state highway rights-of-way through cooperative agreements with private entities that address the purchase of rights-of-way by the private sector and reimbursement by the department of the private entities' costs of acquisition.

 

                 F. HIGHWAY CONSTRUCTION PROJECTS

 

    *NEW SECTION.  Sec. 507.  A new section is added to 1997 c 457 (uncodified) to read as follows:

    The department of transportation shall use appropriations for programs I and P in this act to fund projects identified in the transportation executive management system and legislative budget notes.

*Sec. 507 was vetoed.  See message at end of chapter.

 

    *NEW SECTION.  Sec. 508.  1997 c 457 s 515 is repealed.

*Sec. 508 was vetoed.  See message at end of chapter.

 

    NEW SECTION.  Sec. 509.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

 

    NEW SECTION.  Sec. 510.  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 takes effect immediately.

 

                           (End of part)


 

                               INDEX                         PAGE #

 

DEPARTMENT OF AGRICULTURE....................................... 3

DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT........ 3

DEPARTMENT OF LICENSING

DRIVER SERVICES................................................ 17

INFORMATION SYSTEMS............................................ 15

MANAGEMENT AND SUPPORT SERVICES................................ 14

VEHICLE SERVICES............................................... 16

DEPARTMENT OF TRANSPORTATION

AVIATION--PROGRAM F............................................ 18

CHARGES FROM OTHER AGENCIES--PROGRAM U......................... 28

HIGHWAY MAINTENANCE--PROGRAM M................................. 23

IMPROVEMENTS--PROGRAM I........................................ 19

LOCAL PROGRAMS--PROGRAM Z...................................... 36

MARINE--PROGRAM X.............................................. 31

PRESERVATION--PROGRAM P........................................ 24

PUBLIC TRANSPORTATION AND RAIL--PROGRAM Y...................... 33

TRAFFIC OPERATIONS--PROGRAM Q.................................. 25

TRANSFERS...................................................... 43

TRANSPORTATION ECONOMIC PARTNERSHIPS--PROGRAM K................ 22

TRANSPORTATION MANAGEMENT AND SUPPORT--PROGRAM S............... 26

WASHINGTON STATE FERRIES CONSTRUCTION--PROGRAM W............... 28

LEGISLATIVE TRANSPORTATION COMMITTEE............................ 5

OFFICE OF FINANCIAL MANAGEMENT.................................. 3

STATE TREASURER

BOND RETIREMENT AND INTEREST................................... 42

TRANSFERS...................................................... 43

WASHINGTON STATE PATROL

CAPITAL PROJECTS............................................... 40

FIELD OPERATIONS BUREAU......................................... 9

INVESTIGATIVE SERVICES BUREAU.................................. 12

SUPPORT SERVICES BUREAU........................................ 12

WASHINGTON TRAFFIC SAFETY COMMISSION............................ 5


    Passed the Senate March 12, 1998.

    Passed the House March 5, 1998.

Approved by the Governor April 3, 1998, with the exception of certain items that were vetoed.

    Filed in Office of Secretary of State April 3, 1998.


 

    Note:  Governor's explanation of partial veto is as follows:

 

    "I am returning herewith, without my approval as to sections 202(6); 202(8), page 8, line 20 through page 9, line 6; 203(13); 207(2); 209, page 18, lines 1 through 2; 209(3); 209(4); 209(5); 211(12); 211(13); 212(3); 214(4); 214(5); 220(10); 221(7); 301(4); 402, page 42, lines 29 through 30; 403; 501; 502; 507 and 508, Engrossed Substitute Senate Bill No. 6456 entitled:

 

"AN ACT Relating to transportation funding and appropriations;"

 

    Engrossed Substitute Senate Bill No. 6456 provides a supplemental budget for the 1997-99 transportation budget.

 

    Section 202(6), page 7 (Legislative Transportation Committee)

 

    Section 202(6) directs the Legislative Transportation Committee to study and report findings to the Legislature regarding the design-build method of contracting.  I am vetoing this proviso because it is unnecessary in light of passage of Substitute Senate Bill 6439, which requires the Department of Transportation (DOT) to conduct a demonstration program using the design-build method of contracting and requires the DOT to present a report within one year of completion of the demonstration projects.

 

    Section 202(8), page 8, line 20 through page 9, line 6 (Legislative Transportation Committee)

 

    Section 202(8) provides a $1 million appropriation for the purpose of convening a panel of citizens to conduct a comprehensive analysis of state-wide transportation needs, funding, and policies.  The panel is to be appointed by the legislature and the Governor.

 

    While there is no question about the commitment of all parties, including myself, to conduct a creditable and timely review of transportation issues, I have vetoed page 8, line 20 through page 9, line 6 in order to provide maximum flexibility to the panel to manage the review as effectively as possible within the available dollars.  The review activities outlined in the vetoed provisos can serve as guidance, rather than limits, for the panel as they start their deliberations.  The veto of these subsections does not preclude the panel from addressing the same issues, but it does allow the panel to adjust the scope and emphasis of the study activities as information is developed.

 

    Section 203(13), page 11 (Washington State PatrolCField Operations Bureau)

 

    Section 203 (13) prohibits the Chief of the Washington State Patrol from using funding provided in Chapter 457, Laws of 1997 and in this act to increase salaries for positions above the rank of captain. I am vetoing this proviso because it unduly restricts the ability of the Chief to manage the State Patrol. It is also retroactive, and would reduce current salaries. Finally, it contravenes the existing statutory authority in RCW 43.43.020, which grants the Chief the authority to determine the compensation of her officers.

 

    Section 207(2), pages 15-16 (Department of LicensingCInformation Systems)

 

    Section 207 (2) stipulates that if the driver's license fee increase contained in Engrossed Substitute House Bill 2730 is not enacted by June 30, 1998, the appropriations provided in this subsection lapse. Engrossed Substitute House Bill 2730 was not passed by the Legislature; therefore, I have vetoed this subsection to eliminate possible confusion about whether the Department of Licensing must work to implement the enumerated Business and Technology Assessment Project recommendations without the requisite funding.

 

    Section 209, page 18, lines 1 through 2, (Department of LicensingCDriver Services)

 

    This section reduces the state highway safety fund appropriation to the Department of Licensing.  I am vetoing the supplemental appropriation in order to partially restore an inadvertent reduction that was subtracted twice.  A recent court decision, regarding the limitations to the Governor's veto powers, dictates a budget level that is $2,503,000 less than the original appropriation.  When the supplemental budget adjustments were calculated, this reduction occurred twice.  The effect of this veto is to reinstate $868,000 in state highway safety funds to the department.  A legislative adjustment of $1,635,000 will be required in the 1999 legislative session in order to fully restore the intended funding level for the department.  The complete restoration of these funds will ensure that the department continues to maintain existing service levels and implements recently enacted legislation.  Since the double count appears to have been an inadvertent error, I am requesting that the department make plans for the intended funding level for the remainder of the biennium in anticipation of a legislative adjustment in the 1999 session.

 

    Section 209(3), page 18 (Department of LicensingCDriver Services)

 

    Section 209(3) stipulates that the $117,000 highway safety accountCstate appropriation shall lapse if House Bill 3054 is not enacted by June 30, 1998. House Bill 3054 was not passed by the Legislature; therefore, I have vetoed this subsection to eliminate any possible confusion.

 

    Section 209(4), page 18 (Department of LicensingCDriver Services)

 

    Section 209(4) stipulates that the $80,000 highway safety accountCstate appropriation shall lapse if House Bill 2730 is not enacted by June 30, 1998. House Bill 2730 was not passed by the Legislature; therefore, I have vetoed this subsection to eliminate any possible confusion.

 

    Section 209(5), page 18 (Department of LicensingCDriver Services)

 

    Section 209(5) stipulates that the $124,000 highway safety accountCstate appropriation shall lapse if Senate Bill 6591 is not enacted by June 30, 1998. Senate Bill 6591 was not passed by the Legislature; therefore, I have vetoed this subsection to eliminate any possible confusion.

 

    Section 211(12), page 21-22 (Department of TransportationCImprovementsCProgram I)

 

    Section 211(12) requires the Department of Transportation (DOT) to develop criteria for programming and prioritization of highway infrastructure projects that will contribute to economic development as required by RCW 47.05.051 (2). Additionally, this subsection provides that the DOT shall report the criteria to the Legislative Transportation Committee by December 1, 1998. I am vetoing this proviso because it is unnecessary. The DOT already factors economic development in the prioritization of projects in its improvement program. If the Legislature wishes to modify the prioritization scheme, they may amend RCW 47.05.051.

 

    Section 211(13), page 22 (Department of TransportationCImprovementsCProgram I)

 

    Section 211(13) prohibits the Department of Transportation (DOT) from contracting any of the preliminary engineering services funded by this act without prior approval of the Legislative Transportation Committee. I am vetoing this proviso because it infringes on DOT's ability to manage its construction program. By hampering the DOT's ability to contract preliminary engineering, program delivery may be thwarted. Additionally, a legislative committee should not be placed in the role of approving customary functions of an executive branch agency.

 

    Section 212(3), page 23 (Department of TransportationCTransportation Economic PartnershipsCProgram K)

 

    Section 212(3) provides $100,000 of the motor vehicle fundCstate appropriation solely for the purpose of the program evaluation and audit of the Public Private Initiatives program required under RCW 47.46.030(2). Further, the subsection provides that the Legislative Transportation Committee (LTC) shall act as project manager and be responsible for hiring the consultants to conduct the evaluation and audit. I am vetoing this subsection because it contravenes RCW 47.46.030 (2), which charges the Department of Transportation (DOT) with the duty to conduct a program and fiscal audit of the Public-Private Initiatives Program. However, the statute provides that DOT shall consult with and submit progress reports to the LTC. DOT has agreed to proceed accordingly.

 

    Section 214(4), page 25 (Department of TransportationCPreservationCProgram P)

 

    Section 214(4) requires the Transportation Commission to develop a comprehensive policy on tolls and to submit a report to the Legislative Transportation Committee and the Office of Financial Management by March 1, 1999. While this is a worthwhile and important subject, I believe it is more properly addressed as an option in the larger context of long-term transportation funding.

 

    Section 214(5), page 25 (Department of TransportationCPreservationCProgram P)

 

    Section 214(5) requires the Department of Transportation to recommend a plan for accomplishing the preservation work on the Hood Canal Bridge, and the remainder of the twenty-year bridge system plan, under the constraints of current law revenues.  Reliance on current revenues to fund major projects, like the Hood Canal Bridge, will preclude a substantial number of other necessary bridge preservation and highway improvement projects.  Any review of the bridge system plan must have the flexibility to consider the need for new revenues.

 

    Section 220(10), page 35 (Department of TransportationCPublic Transportation and Rail)

 

    Section 220(10) provides an additional $4 million Central Puget Sound Public Transportation Account - State appropriation for the Department of Transportation for activities related to the improvement of the King Street Station.  The King Street Station redevelopment project was also submitted to the Transportation Improvement Board (TIB) for state funding from the same account.  The project has subsequently been selected for state funding through the TIB prioritization process, making this appropriation unnecessary. Therefore, I am vetoing this subsection to eliminate any possible confusion.

 

    Section 221(7), pages 37-38 (Department of TransportationCLocal ProgramsCProgram Z)

 

    Section 221(7) provides for the preparation of a consolidation plan for the Transportation Improvement Board (TIB), County Road Administration Board (CRAB), and the Department of Transportation's TransAid Service Center. The 1998 Legislature did consider, but failed to enact, legislation that would have required this same consolidation plan. While I support efforts to streamline government, a more deliberative process that involves the key stakeholders and does not presuppose an outcome must be employed.

 

    Section 301(4), pages 39-40 (Transportation Agencies Capital Facilities)

 

    Section 301(4) requires the transportation agencies, the Department of General Administration, and the Office of Financial Management review, analyze, and report to the Legislative Transportation Committee (LTC) on the consolidation of Thurston County, state transportation agencies.  I am vetoing this subsection because it mandates action by non-transportation agencies without providing the funding necessary to accomplish such a review.  A more deliberative process that involves the key stakeholders, provides the necessary funding, and does not presuppose an outcome must be employed.

 

    Section 402, lines 29 through 30, page 42 (State TreasurerCBond Retirement and Interest, And Ongoing Bond Registration and Transfer Charges: For Bond Sale Expenses and Fiscal Agent Charges)

 

    This item is an increase in the appropriation for the State Treasurer for bond sale expenses and fiscal agent charges.  Because the supplemental expenditures in this budget are not supported by additional bond revenues, this increased appropriation is unnecessary.

 

    Section 403, page 43

 

    This section authorizes the State Treasurer to transfer any Transportation Improvement Board balances available in the Highway Bond Retirement Account into the Transportation Improvement Board Bond Retirement Account.  To be operative, this section required passage of House Bill 2582.  House Bill 2582 was not passed by the Legislature; therefore, I have vetoed this section to eliminate any possible confusion.

 

    Section 501, page 45

 

    This section directs agencies that spend transportation funds to submit their budget requests and supporting documents to the Office of Financial Management (OFM) and the Legislative Transportation Committee at the same time.  All agency budget requests are public documents, and OFM routinely sends a copy of all budget requests to the Legislature for review soon after they are received, making this section unnecessary.

 

    Section 502, page 45

 

    Section 502 provides that in the 1999-01 biennium, the Department of Transportation's Public Transportation and Rail Program shall be divided into three separate programsCpublic transportation, rail-operating, and rail-capital. I am vetoing this section because it infringes on the ability of the department to organize and manage this program. The determination of this level of organizational structure should be left to the agency.

 

    Section 507, page 48

 

    Section 507 requires the Department of Transportation to use appropriations for Programs I and P in this act to fund projects identified in the Transportation Executive Management System (TEIS) and Legislative Budget Notes. I am vetoing this section because it circumvents the process established in RCW 47.05. Additionally, I do not support enacting TEIS or Legislative Budget Notes into law through reference.

 

    Section 508, page 48

 

    Section 508 repeals a section from the 1997 Transportation Budget that appropriates $10 million into reserve status for potential funding of the highway construction program should the federal transportation authorization act not be enacted by October 1, 1997.  I am vetoing this section because I believe that this reserve is still appropriate as the successor to the Intermodal Surface Transportation Efficiency Act (ISTEA) has not yet been enacted, and Congress appears poised to act soon.

 

    For these reasons, I have vetoed sections 202(6);  202(8), page 8, lines 20 through page 9, line 6;  203(13);  207(2);  209, page 18, lines 1 through 2; 209(3); 209(4); 209(5); 211(12); 211(13); 212(3); 214(4); 214(5); 220(10); 221(7); 301(4); 402, page 42, lines 29 through 30; 403; 501; 502; 507 and 508 of Engrossed Substitute Senate Bill No. 6456.

 

    With the exception of sections 202(6);  202(8), page 8, lines 20 through page 9, line 6;  203(13);  207(2);  209, page 18, lines 1 through 2; 209(3); 209(4); 209(5); 211(12); 211(13); 212(3); 214(4); 214(5); 220(10); 221(7); 301(4); 402, page 42, lines 29 through 30; 403; 501; 502; 507 and 508, Engrossed Substitute Senate Bill No. 6456 is approved."