5130 AMS RASM S1495.1

5130 AMS RASM S1495.1

SB 5130 - S AMD - 005 (AND AMD 392)

By Senator Rasmussen

AMD 005 WITHDRAWN - 02/14/01 and AMD 392 OUT OF ORDER/NOT 2^ND READING

On page 7, after line 10, insert the following:

"Sec. 6. RCW 47.46.050 and 1995 2nd sp.s. c 19 s 4 are each amended to read as follows:

(1) The department may enter into agreements using federal, state, and local financing in connection with the projects, including without limitation, grants, loans, and other measures authorized by section 1012 of ISTEA, and to do such things as necessary and desirable to maximize the funding and financing, including the formation of a revolving loan fund to implement this section.

(2) Agreements entered into under this section shall authorize the private entity to lease the facilities within a designated area or areas from the state and to impose user fees or tolls within the designated area to allow a reasonable rate of return on investment, as established through a negotiated agreement between the state and the private entity. The negotiated agreement shall determine a maximum rate of return on investment, based on project characteristics. If the negotiated rate of return on investment is not affected, the private entity may establish and modify toll rates and user fees. A requested modification in the toll rate or user fees authorized under this chapter that would result in a rate or fees greater than that rate or fee established and approved by the voters in the advisory vote will automatically place the individual public-private initiatives project, from the request date forward, under the control and governance of the Washington utilities and transportation commission as if the private entity were a "service company" and requires that entity to comply with all laws, rules, and regulations implemented or imposed by the utilities and transportation commission.

(3) Agreements may establish "incentive" rates of return beyond the negotiated maximum rate of return on investment. The incentive rates of return shall be designed to provide financial benefits to the affected public jurisdictions and the private entity, given the attainment of various safety, performance, or transportation demand management goals. The incentive rates of return shall be negotiated in the agreement.

(4) Agreements shall require that over the term of the ownership or lease the user fees or toll revenues be applied only to payment of the private entity's capital outlay costs for the project, including project development costs, interest expense, the costs associated with design, construction, operations, toll collection, maintenance and administration of the project, reimbursement to the state for all costs associated with an election as required under RCW 47.46.030, the costs of project review and oversight, technical and law enforcement services, establishment of a fund to assure the adequacy of maintenance expenditures, and a reasonable return on investment to the private entity. A negotiated agreement shall not extend the term of the ownership or lease beyond the period of time required for payment of the private entity's capital outlay costs for the project under this subsection."

Renumber the sections following consecutively and correct any internal references accordingly.