SENATE BILL REPORT

                   SB 6581

                    As of January 31, 2000

Title:  An act relating to payment for improvements to regional transportation systems and facilities.

Brief Description:  Funding improvements to regional transportation systems and facilities.

Sponsors:  Senators Haugen, Gardner, Prentice and Spanel.

Brief History:

Committee Activity:  Transportation:  2/2/2000.

SENATE COMMITTEE ON TRANSPORTATION

Staff:  Lynn Hale (786-7346)

Background:  The Growth Management Act (GMA), RCW 36.70A.070(6)(b), requires local jurisdictions who develop comprehensive plans to adopt and enforce ordinances which prohibit approval of development if the development causes the level of service on a locally owned transportation facility to decline below standards adopted in the transportation element of the comprehensive plan, unless transportation improvements or strategies to accommodate the impacts of development are made "concurrent with the development."  That is, improvements must be in place at the time of the development, or a financial commitment must be in place to complete the necessary improvements within six years.

Currently, just cities and counties who are required to (or choose to) plan under the GMA are able to assess impact fees.  There is no mechanism in place which would allow the state to assess impact fees against developers for impacts to state-owned and operated facilities.

Summary of Bill:  Local governments must notify the Department of Transportation regarding any substantial development proposal that, if approved, would impact state-owned and operated transportation facilities.

Substantial development proposals include, but are not limited to:  industrial parks, shopping malls and other retail centers, large residential complexes, sports arenas, entertainment facilities and convention centers.

If the department determines that the substantial development proposal would impact state-owned and operated facilities, the department requires the appropriate local government, in consultation with the relevant regional transportation planning organization, to assess a fee upon the developer to defray the cost of mitigating regional impacts to state-owned and operated transportation facilities.

The amount of this fee must reflect a proportional share of the costs of system improvements which are reasonably related to the new development.  The department must demonstrate that the assessed fee is reasonably necessary as a direct result of the proposed development.

When assessing mitigation fees, the local government must impose the department's suggested fee.

Appropriation:  None.

Fiscal Note:  Requested on January 26, 2000.

Effective Date:  Ninety days after adjournment of session in which bill is passed.