BP BHEAD INT S [atlas:bill]

AN ACT Relating to transportation benefit districts; amending RCW 36.73.020; and adding a new section to chapter 36.73 RCW.

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

Sec. 1. RCW 36.73.020 and 1989 c 53 s 1 are each amended to read as follows:

The legislative authority of a county may establish one or more transportation benefit districts within the county for the purpose of acquiring, constructing, improving, providing, and funding any city street, county road, or state highway improvement within the district that is (1) consistent with state, regional, and local transportation plans as defined under chapter 36.70A RCW and Title 47 RCW, (2) necessitated by existing or reasonably foreseeable congestion levels attributable to economic growth, and (3) partially funded by local government or private developer contributions, or a combination of such contributions. Such transportation improvements shall be owned by the county of jurisdiction if located in an unincorporated area, by the city of jurisdiction if located in an incorporated area, or by the state in cases where the transportation improvement is or becomes a state highway; and all such transportation improvements shall be administered and maintained as other public streets, roads, and highways. The district may not include any area within the corporate limits of a city unless the city legislative authority has agreed to the inclusion pursuant to chapter 39.34 RCW. The agreement shall specify the area and such powers as may be granted to the benefit district.

The members of the county legislative authority, acting ex officio and independently, shall compose the governing body of the district: PROVIDED, That where a transportation benefit district includes any portion of an incorporated city, town, or another county, the district may be governed as provided in an interlocal agreement adopted pursuant to chapter 39.34 RCW. The county treasurer shall act as the ex officio treasurer of the district. The electors of the district shall all be registered voters residing within the district. For purposes of this section, the term "city" means both cities and towns.

NEW SECTION. Sec. 2. A new section is added to chapter 36.73 RCW to read as follows:

(1) A transportation benefit district may impose a trip generation fee or charge to be defined by the legislative authorities of the transportation benefit district. The fees or charges so imposed must be reasonably necessary as a result of the development and traffic generated within the district that requires the transportation improvement.

(2) For purposes of this section, "traffic generators" are defined as concentrated developments that qualify under zoning or floor area ratios as defined by the legislative authorities comprising the transportation benefit district. Traffic generators can be, but are not limited to, businesses, multifamily residences, and public facilities.

(3) The trip generation fee or charge should (a) be based on the traffic generators within a transportation benefit district; (b) consider the impact to the transportation facility improvement during peak travel hours or a measurement time period selected by the transportation benefit district; and (c) be structured to defray a proportional share of the transportation improvement. Unless otherwise specified, the trip generation fee or charge is supplemental to either public or private resources that are provided and must not be construed to pay for the entire transportation improvement.

(4) The transportation benefit district may exempt traffic generators from the fee or charge.

(5) The fee or charge imposed under this section must be used exclusively for transportation improvements constructed by a transportation benefit district. The fee or charge imposed under this section will be terminated upon project completion or when all indebtedness has been retired.

(6) When fees or charges are imposed by a district within which there is more than one city or both incorporated and unincorporated areas, the legislative authority for each city in the district and the county legislative authority for the unincorporated area must approve the imposition of the fees or charges before they take effect. Once the fees or charges are established, they must, at a minimum, be resubmitted to the appropriate legislative authorities for approval every two years.