H-3894.2 _______________________________________________
HOUSE BILL 2838
_______________________________________________
State of Washington 56th Legislature 2000 Regular Session
By Representatives Fortunato, Sullivan, Cairnes, Clements, Schindler, Carrell, Campbell, Lambert, Benson and Mulliken
Read first time 01/21/2000. Referred to Committee on Transportation.
AN ACT Relating to suspension of high-occupancy vehicle lanes; amending RCW 46.61.165, 47.52.025, 46.61.165, 47.52.025, 81.104.010, 81.104.015, 81.104.060, and 81.104.100; creating a new section; suspending the effectiveness of RCW 81.100.010, 81.100.020, 81.100.030, 81.100.040, 81.100.050, 81.100.060, 81.100.070, 81.100.080, 81.100.090, and 81.100.100; repealing RCW 81.100.010, 81.100.020, 81.100.030, 81.100.040, 81.100.050, 81.100.060, 81.100.070, 81.100.080, 81.100.090, and 81.100.100; providing contingent effective dates; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The authority of the department of transportation and all local authorities to establish and enforce high-occupancy vehicle lanes is suspended until December 1, 2001. As used in this section "high-occupancy vehicle lane" means any portion of a highway, including designated lanes or ramps, reserved or designated for the exclusive or preferential use of public transportation vehicles or private motor vehicles carrying no fewer than a specified number of passengers.
Sec. 2. RCW 46.61.165 and 1999 c 206 s 1 are each amended to read as follows:
After November 30, 2001, the state department of transportation and the local authorities are authorized to reserve all or any portion of any highway under their respective jurisdictions, including any designated lane or ramp, for the exclusive or preferential use of public transportation vehicles or private motor vehicles carrying no fewer than a specified number of passengers when such limitation will increase the efficient utilization of the highway or will aid in the conservation of energy resources. Regulations authorizing such exclusive or preferential use of a highway facility may be declared to be effective at all times or at specified times of day or on specified days. Violation of a restriction of highway usage prescribed by the appropriate authority under this section is a traffic infraction.
Sec. 3. RCW 47.52.025 and 1974 ex.s. c 133 s 1 are each amended to read as follows:
In accordance with the restrictions of section 1 of this act, highway authorities of the state, counties, and incorporated cities and towns, in addition to the specific powers granted in this chapter, shall also have, and may exercise, relative to limited access facilities, any and all additional authority, now or hereafter vested in them relative to highways or streets within their respective jurisdictions, and may regulate, restrict, or prohibit the use of such limited access facilities by various classes of vehicles or traffic. After November 30, 2001, such highway authorities may reserve any limited access facility or portions thereof, including designated lanes or ramps for the exclusive or preferential use of public transportation vehicles, privately owned buses, or private motor vehicles carrying not less than a specified number of passengers when such limitation will increase the efficient utilization of the highway facility or will aid in the conservation of energy resources. Regulations authorizing such exclusive or preferential use of a highway facility may be declared to be effective at all time or at specified times of day or on specified days.
Sec. 4. RCW 46.61.165 and 2000 c . . . s 2 (section 2 of this act) are each amended to read as follows:
After
November 30, 2001, the state department of transportation and the local authorities
((are authorized to)) may not reserve all or any portion of any
highway under their respective jurisdictions, including any designated lane or
ramp, for the exclusive or preferential use of public transportation vehicles
or private motor vehicles carrying no fewer than a specified number of
passengers ((when such limitation will increase the efficient utilization of
the highway or will aid in the conservation of energy resources. Regulations
authorizing such exclusive or preferential use of a highway facility may be
declared to be effective at all times or at specified times of day or on
specified days. Violation of a restriction of highway usage prescribed by the
appropriate authority under this section is a traffic infraction)).
Sec. 5. RCW 47.52.025 and 2000 c . . . s 3 (section 3 of this act) are each amended to read as follows:
((In
accordance with the restrictions of section 1 of this act,)) Highway
authorities of the state, counties, and incorporated cities and towns, in
addition to the specific powers granted in this chapter, shall also have, and
may exercise, relative to limited access facilities, any and all additional
authority, now or hereafter vested in them relative to highways or streets
within their respective jurisdictions, and may regulate, restrict, or prohibit
the use of such limited access facilities by various classes of vehicles or
traffic. However, after November 30, 2001, such highway authorities may
not reserve any limited access facility or portions thereof, including
designated lanes or ramps for the exclusive or preferential use of public
transportation vehicles, privately owned buses, or private motor vehicles
carrying not less than a specified number of passengers ((when such
limitation will increase the efficient utilization of the highway facility or
will aid in the conservation of energy resources. Regulations authorizing such
exclusive or preferential use of a highway facility may be declared to be
effective at all time or at specified times of day or on specified days)).
Sec. 6. RCW 81.104.010 and 1992 c 101 s 18 are each amended to read as follows:
Increasing
congestion on Washington's roadways calls for identification and implementation
of high-capacity transportation system alternatives. The legislature
believes that local jurisdictions should coordinate and be responsible for high-capacity
transportation policy development, program planning, and implementation. The
state should assist by working with local agencies on issues involving rights
of way, partially financing projects meeting established state criteria ((including
development and completion of the high occupancy vehicle lane system)),
authorizing local jurisdictions to finance high-capacity transportation
systems through voter‑approved tax options, and providing technical
assistance and information.
Sec. 7. RCW 81.104.015 and 1999 c 202 s 9 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1)
"High-capacity transportation system" means a system of public
transportation services within an urbanized region operating principally on exclusive
rights of way, and the supporting services and facilities necessary to
implement such a system, including interim express services ((and high
occupancy vehicle lanes)), which taken as a whole, provides a substantially
higher level of passenger capacity, speed, and service frequency than
traditional public transportation systems operating principally in general
purpose roadways.
(2) "Rail fixed guideway system" means a light, heavy, or rapid rail system, monorail, inclined plane, funicular, trolley, or other fixed rail guideway component of a high-capacity transportation system that is not regulated by the Federal Railroad Administration, or its successor. "Rail fixed guideway system" does not mean elevators, moving sidewalks or stairs, and vehicles suspended from aerial cables, unless they are an integral component of a station served by a rail fixed guideway system.
(3) "Regional transit system" means a high-capacity transportation system under the jurisdiction of one or more transit agencies except where a regional transit authority created under chapter 81.112 RCW exists, in which case "regional transit system" means the high-capacity transportation system under the jurisdiction of a regional transit authority.
(4) "Transit agency" means city-owned transit systems, county transportation authorities, metropolitan municipal corporations, and public transportation benefit areas.
Sec. 8. RCW 81.104.060 and 1991 c 318 s 6 are each amended to read as follows:
(1) The state's planning role in high-capacity transportation development as one element of a multimodal transportation system should facilitate cooperative state and local planning efforts.
(2) The department of transportation may serve as a contractor for high-capacity transportation system and project design, administer construction, and assist agencies authorized to provide service in the acquisition, preservation, and joint use of rights of way.
(3)
The department and local jurisdictions shall continue to cooperate with respect
to the development of ((high occupancy vehicle lanes and related facilities,))
associated roadways, transfer stations, people mover systems developed either
by the public or private sector, and other related projects.
(4) The department in cooperation with local jurisdictions shall develop policies which enhance the development of high-speed interregional systems by both the private and the public sector. These policies may address joint use of rights of way, identification and preservation of transportation corridors, and joint development of stations and other facilities.
Sec. 9. RCW 81.104.100 and 1992 c 101 s 23 are each amended to read as follows:
To assure development of an effective high-capacity transportation system, local authorities shall follow the following planning process:
(1) Regional, multimodal transportation planning is the ongoing urban transportation planning process conducted in each urbanized area by its regional transportation planning organization. During this process, regional transportation goals are identified, travel patterns are analyzed, and future land use and travel are projected. The process provides a comprehensive view of the region's transportation needs but does not select specified modes to serve those needs. The process shall identify a priority corridor or corridors for further study of high-capacity transportation facilities if it is deemed feasible by local officials.
(2) High-capacity transportation system planning is the detailed evaluation of a range of high-capacity transportation system options, including: Do nothing, low capital, and ranges of higher capital facilities. To the extent possible this evaluation shall take into account the urban mass transportation administration's requirements identified in subsection (3) of this section.
High-capacity transportation system planning shall proceed as follows:
(a) Organization and management. The responsible local transit agency or agencies shall define roles for various local agencies, review background information, provide for public involvement, and develop a detailed work plan for the system planning process.
(b) Development of options. Options to be studied shall be developed to ensure an appropriate range of technologies and service policies can be evaluated. A do-nothing option and a low capital option that maximizes the current system shall be developed. Several higher capital options that consider a range of capital expenditures for several candidate technologies shall be developed.
(c) Analysis methods. The local transit agency shall develop reports describing the analysis and assumptions for the estimation of capital costs, operating and maintenance costs, methods for travel forecasting, a financial plan and an evaluation methodology.
(d) The system plan submitted to the voters pursuant to RCW 81.104.140 shall address, but is not limited to the following issues:
(i) Identification of level and types of high-capacity transportation services to be provided;
(ii)
((A plan of high occupancy vehicle lanes to be constructed;
(iii)))
Identification of route alignments and station locations with sufficient
specificity to permit calculation of costs, ridership, and system impacts;
(((iv)))
(iii) Performance characteristics of technologies in the system plan;
(((v)))
(iv) Patronage forecasts;
(((vi)))
(v) A financing plan describing: Phasing of investments; capital and
operating costs and expected revenues; cost-effectiveness represented by a
total cost per system rider and new rider estimate; estimated ridership and the
cost of service for each individual high-capacity line; and
identification of the operating revenue to operating expense ratio((.
The
financing plan shall specifically differentiate the proposed use of funds
between high capacity transportation facilities and services, and high
occupancy vehicle facilities));
(((vii)))
(vi) Description of the relationship between the high-capacity
transportation system plan and adopted land use plans;
(((viii)))
(vii) An assessment of social, economic, and environmental impacts; and
(((ix)))
(viii) Mobility characteristics of the system presented, including but
not limited to: Qualitative description of system/service philosophy and
impacts; qualitative system reliability; travel time and number of transfers
between selected residential, employment, and activity centers; and system and
activity center mode splits.
(3) High-capacity transportation project planning is the detailed identification of alignments, station locations, equipment and systems, construction schedules, environmental effects, and costs. High-capacity transportation project planning shall proceed as follows: The local transit agency shall analyze and produce information needed for the preparation of environmental impact statements. The impact statements shall address the impact that development of such a system will have on abutting or nearby property owners. The process of identification of alignments and station locations shall include notification of affected property owners by normal legal publication. At minimum, such notification shall include notice on the same day for at least three weeks in at least two newspapers of general circulation in the county where such project is proposed. Special notice of hearings by the conspicuous posting of notice, in a manner designed to attract public attention, in the vicinity of areas identified for station locations or transfer sites shall also be provided.
In order to increase the likelihood of future federal funding, the project planning processes shall follow the urban mass transportation administration's requirements as described in "Procedures and Technical Methods for Transit Project Planning", published by the United States department of transportation, urban mass transportation administration, September 1986, or the most recent edition. Nothing in this subsection shall be construed to preclude detailed evaluation of more than one corridor in the planning process.
The department of transportation shall provide system and project planning review and monitoring in cooperation with the expert review panel identified in RCW 81.104.110. In addition, the local transit agency shall maintain a continuous public involvement program and seek involvement of other government agencies.
NEW SECTION. Sec. 10. The effectiveness of following acts or parts of acts are each suspended until December 1, 2001:
(1) RCW 81.100.010 (Purpose) and 1990 c 43 s 12;
(2) RCW 81.100.020 (Definitions) and 1990 c 43 s 13;
(3) RCW 81.100.030 (Employer tax) and 1991 c 363 s 153 & 1990 c 43 s 14;
(4) RCW 81.100.040 (Adoption of goals) and 1990 c 43 s 15;
(5) RCW 81.100.050 (Survey of tax use) and 1990 c 43 s 16;
(6) RCW 81.100.060 (Excise tax) and 1998 c 321 s 34 (Referendum Bill No. 49), 1992 c 194 s 12, 1991 c 363 s 154, & 1990 c 43 s 17;
(7) RCW 81.100.070 (High occupancy vehicle account) and 1991 sp.s. c 13 ss 105, 119 & 1990 c 43 s 18;
(8) RCW 81.100.080 (Use of funds) and 1990 c 43 s 19;
(9) RCW 81.100.090 (Interlocal agreements) and 1990 c 43 s 20; and
(10) RCW 81.100.100 (Urban public transportation system) and 1990 c 43 s 21.
NEW SECTION. Sec. 11. The following acts or parts of acts are each repealed:
(1) RCW 81.100.010 (Purpose) and 1990 c 43 s 12;
(2) RCW 81.100.020 (Definitions) and 1990 c 43 s 13;
(3) RCW 81.100.030 (Employer tax) and 1991 c 363 s 153 & 1990 c 43 s 14;
(4) RCW 81.100.040 (Adoption of goals) and 1990 c 43 s 15;
(5) RCW 81.100.050 (Survey of tax use) and 1990 c 43 s 16;
(6) RCW 81.100.060 (Excise tax) and 1998 c 321 s 34 (Referendum Bill No. 49), 1992 c 194 s 12, 1991 c 363 s 154, & 1990 c 43 s 17;
(7) RCW 81.100.070 (High occupancy vehicle account) and 1991 sp.s. c 13 ss 105, 119 & 1990 c 43 s 18;
(8) RCW 81.100.080 (Use of funds) and 1990 c 43 s 19;
(9) RCW 81.100.090 (Interlocal agreements) and 1990 c 43 s 20; and
(10) RCW 81.100.100 (Urban public transportation system) and 1990 c 43 s 21.
NEW SECTION. Sec. 12. (1) Sections 4, 5, and 11 of this act take effect December 1, 2001, only if the final report of the panel on transportation convened under 1998 c 348 s 202(8), due by December 1, 2000, recommends abolition of high-occupancy vehicle lanes.
(2) If the panel recommends continuation of the high-occupancy vehicle lane system, sections 4, 5, and 11 of this act are null and void, and the statutes suspended by section 10 of this act are restored to full effectiveness as of December 1, 2001.
NEW SECTION. Sec. 13. There being a state of emergency with regard to transportation services, sections 1 through 3 and 6 through 10 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately.
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