FINAL BILL REPORT

                  SSB 5273

                          C 218 L 99

                      Synopsis as Enacted

Brief Description:  Creating a scenic byways designation program.

Sponsors:  Senate Committee on Transportation (originally sponsored by Senators Jacobsen, Haugen, Rasmussen, Gardner, Prentice, Patterson, Winsley and Fraser).

Senate Committee on Transportation

House Committee on Transportation

Background:  The Transportation Equity Act of the 21st Century (TEA‑21) continues the national Ascenic byways@ grant program that was created in 1991.  This act requires all routes that are nominated as scenic byways to be officially designated by a state process.  Currently only state highways with the designation Ascenic and recreational highway@ are eligible to compete for federal funding and recognition under the national program.  Current state law does not allow local routes with similar characteristics and qualities to participate in the program.

Current law directs the Washington State Department of Transportation (WSDOT) to develop a scenic and recreational highways program that may identify entire highway loops or similar tourist routes that could be developed to promote tourist activity while protecting the scenic and recreational quality surrounding state highways.  Many of these scenic and recreational highways were first designated in 1967 and additions to the system were included in 1993.

In 1995, the report ADefining Washington=s Heritage Programs@ made several recommendations on the management of a statewide scenic byways program which were adopted by the Transportation Commission.  They included making local routes eligible for the program, revising the designation criteria to be contemporary with ISTEA (now TEA‑21), and to provide for a Ade‑designation process@ if a route no longer possesses the intrinsic qualities that supported its initial designation.

During this same time, communities have requested WSDOT to re-evaluate several non‑designated state highways for inclusion in the system.

The ADefining Washington=s Heritage Programs@ report and community requests are the basis for this legislation.

Summary:  A Ascenic byway@ designation program is created that includes both state and local transportation routes.

The nomination for a scenic byway can be either from the state, local jurisdictions, or organizations that receive demonstrated public support from the communities along the route. The nominating entity is responsible for the costs associated with the nomination.  Participation in the program is voluntary.

Authority for designation of a scenic byway is the responsibility of the Transportation Commission.  Byways so designated do not become part of the scenic and recreational highway system (state-owned highways) unless approved by the Legislature.  De‑designation of a route can occur if it no longer possesses the intrinsic qualities that supported its initial designation.  De‑designation results in discontinued state support for the route.  De‑designation may be initiated at the local or state level.

The original criteria for the selection of a scenic byway are repealed.  By December 31, 1999, the Department of Transportation is required, in consultation with numerous agencies and organizations, to develop criteria for assessing scenic byways and heritage tour routes.  The criteria are to include an appropriate method for the nomination and application for designation or de‑designation of the byways.  The criteria are clarified to state that it will not impose or require regulation of privately owned lands or property rights.

The Department of Transportation is authorized to designate eligible state highways as scenic byways on an interim basis, but only for the purposes of leveraging federal planning grant funds.

Technical corrections are made to reflect changes in funding programs at the federal level.

It is now optional for the Department of Transportation and the Parks and Recreation Commission to include byways on state maps or other relevant, descriptive materials.

Votes on Final Passage:

Senate 46 0

House     96 0 (House amended)

Senate    47 0 (Senate concurred)

Effective:  May 7, 1999