5755-S AMS HAUG S2224.6

 

 

 

SSB 5755 - S AMD 180

By Senators Haugen, Horn and Benton

 

                                                                   

 

    Strike everything after the enacting clause and insert the following:

 

    "NEW SECTION.  Sec. 1.  The legislature finds that transportation in the state of Washington is in crisis.  Congestion on the state highways has reached unprecedented proportions in several parts of the state, some roads and bridges are in poor condition and need improvement, and the revenues that state and local governments have traditionally used to fund projects are declining.

    The legislature further finds that the Blue Ribbon Commission on Transportation, in its final report, recognized that a lack of governmental coordination among jurisdictions creates an inability to provide an integrated transportation system and recommended that efficiencies in agencies be accomplished whenever possible.

    Therefore, it is the legislature's intent to create the transportation funding board.  It is the legislature's further intent to consolidate three separately funded transportation agencies because many of their services are duplicative with each other and with services offered by the state department of transportation.  In these times of insufficient funding, it makes sense to achieve a savings for the state that can be better spent in addressing the transportation needs of the citizens of Washington.  The legislature therefore intends that some functions of the county road administration board, all of the functions of the transportation improvement board, and all of the functions of the freight mobility strategic investment board be consolidated into the highway and local programs division of the department of transportation and administered by the transportation funding board.

    It is the further intent of the legislature to create the legislative transportation accountability program as a single point of accountability at the state level to monitor and analyze the performance of the state's transportation system and ensure that statewide transportation benchmarks are achieved.

    It is the further intent of the legislature to authorize the governor to appoint the secretary of transportation and transfer the functions of the transportation commission to the department of transportation, the transportation funding board, and the legislative transportation accountability program.

 

               PART I - DEPARTMENT OF TRANSPORTATION

 

    Sec. 2.  RCW 47.01.021 and 1977 ex.s. c 151 s 2 are each amended to read as follows:

    As used in this title unless the context indicates otherwise:

    (1) "Department" means the department of transportation created in RCW 47.01.031;

    (2) "((Commission)) Board" means the transportation ((commission)) funding board created in ((RCW 47.01.051)) section 9 of this act;

    (3) "Secretary" means the secretary of transportation as provided for in RCW 47.01.041.

 

    NEW SECTION.  Sec. 3.  A new section is added to chapter 47.01 RCW to read as follows:

    The department has the following functions, powers, and duties:

    (1) To propose policies to be adopted by the legislature designed to assure the development and maintenance of a comprehensive and balanced statewide transportation system that will meet the needs of the people of this state for safe and efficient transportation services.  The department shall consider mobility and congestion relief, and, where appropriate, develop policies for the use of integrated, intermodal transportation systems to implement the travel demands, economic and environmental policies, goals, and objectives of the people of the state, and especially to conserve nonrenewable natural resources, including land and energy.  To this end, the department shall:

    (a) Develop transportation policies that are based on the policies, goals, and objectives expressed and inherent in state laws and the legislative transportation accountability program's transportation benchmarks; and

    (b) Inventory the adopted policies, goals, and objectives of the local and areawide governmental bodies of the state and define the role of the state, regional, and local governments in determining transportation policies, in transportation planning, and in implementing the state transportation plan.

    (2) To prepare and submit a comprehensive and balanced statewide transportation plan to the house and senate standing committees on transportation, that must be based on the transportation policy adopted by the legislature, the benchmarks adopted by the legislative transportation accountability program, and applicable state and federal laws.  The plan must take into account federal law and regulations relating to the planning, construction, and operation of transportation facilities.  The plan must be reviewed and revised before each regular session of the legislature during an even-numbered year.

    (3) To implement the policy of the state on each of the following items:

    (a) To provide for the effective coordination of state transportation planning with national transportation policy, state and local land use policies, and local and regional transportation plans and programs;

    (b) To provide for public involvement in transportation designed to elicit the public's views both with respect to adequate transportation services and appropriate means of minimizing adverse social, economic, environmental, and energy impacts of transportation programs;

    (c) To integrate the statewide transportation plan with the needs of the elderly and handicapped, and to coordinate federal and state programs directed at assisting local governments to answer those needs;

    (d) To provide for the administration of grants in aid and other financial assistance to counties and municipal corporations for transportation purposes; and

    (e) To provide for the management, sale, and lease of property or property rights owned by the department that are not required for transportation purposes.

    (4) To approve and propose to the governor before the convening of each regular session during an odd-numbered year a recommended budget for the operation of the department and for carrying out the program of the department for the ensuing biennium.  The proposed budget must separately state the appropriations to be made from the motor vehicle fund for highway purposes in accordance with constitutional limitations and appropriations and expenditures to be made from the general fund, or accounts thereof, and other available sources for other operations of the department.

    (5) To approve the issuance and sale of all bonds authorized by the legislature for capital construction of state highways, toll facilities, Columbia Basin county roads (for which reimbursement to the motor vehicle fund has been provided), urban arterial projects, and aviation facilities.

    (6) To adopt such rules and policy directives as may be necessary to carry out reasonably and properly those functions expressly vested in the department by statute.

 

    Sec. 4.  RCW 47.80.023 and 1998 c 171 s 8 are each amended to read as follows:

    Each regional transportation planning organization shall have the following duties:

    (1) Prepare and periodically update a transportation strategy for the region that makes progress towards meeting the benchmarks set forth in section 51 of this act.  The strategy ((shall)) should address alternative transportation modes and transportation demand management measures in regional corridors and shall recommend preferred transportation policies to implement adopted growth strategies.  The strategy shall serve as a guide in preparation of the regional transportation plan.

    (2) Prepare a regional transportation plan as set forth in RCW 47.80.030 that is consistent with countywide planning policies if such have been adopted pursuant to chapter 36.70A RCW, with county, city, and town comprehensive plans, and state transportation plans.

    (3) Certify by December 31, 1996, that the transportation elements of comprehensive plans adopted by counties, cities, and towns within the region reflect the guidelines and principles developed pursuant to RCW 47.80.026, are consistent with the adopted regional transportation plan, and, where appropriate, conform with the requirements of RCW 36.70A.070.

    (4) Where appropriate, certify that countywide planning policies adopted under RCW 36.70A.210 and the adopted regional transportation plan are consistent.

    (5) Develop, in cooperation with the department of transportation, operators of public transportation services and local governments within the region, a six-year regional transportation improvement program which proposes regionally significant transportation projects and programs and transportation demand management measures.  The regional transportation improvement program ((shall be based on the programs, projects, and transportation demand management measures of regional significance as)) must consider mobility and congestion relief in reviewing and adopting the programs, projects, and transportation demand management measures of regional significance as identified by its own analysis of population growth and travel demands, as well as those identified by transit agencies, cities, and counties pursuant to RCW 35.58.2795, 35.77.010, and 36.81.121, respectively.  The program shall include a priority list of projects and programs, project segments and programs, transportation demand management measures, and a specific financial plan that demonstrates how the transportation improvement program can be funded.  Included within the program must be analysis of transportation corridors within the region to determine whether an existing corridor should be expanded, a city or county road should become a state route, and whether a new corridor is needed to alleviate congestion and enhance mobility based on travel demand.  The program shall be updated at least every two years for the ensuing six-year period.

    (6) Designate a lead planning agency to coordinate preparation of the regional transportation plan and carry out the other responsibilities of the organization.  The lead planning agency may be a regional organization, a component county, city, or town agency, or the appropriate Washington state department of transportation district office.

    (7) Review level of service methodologies used by cities and counties planning under chapter 36.70A RCW to promote a consistent regional evaluation of transportation facilities and corridors.

    (8) Work with cities, counties, transit agencies, the department of transportation, and others to develop level of service standards or alternative transportation performance measures.

    The department shall create subregion offices to provide assistance and advice to urbanized areas on congestion relief efforts.

 

    Sec. 5.  RCW 43.17.020 and 1995 1st sp.s. c 2 s 2 are each amended to read as follows:

    There shall be a chief executive officer of each department to be known as:  (1) The secretary of social and health services, (2) the director of ecology, (3) the director of labor and industries, (4) the director of agriculture, (5) the director of fish and wildlife, (6) the secretary of transportation, (7) the director of licensing, (8) the director of general administration, (9) the director of community, trade, and economic development, (10) the director of veterans affairs, (11) the director of revenue, (12) the director of retirement systems, (13) the secretary of corrections, ((and)) (14) the secretary of health, and (15) the director of financial institutions.

    Such officers, except the ((secretary of transportation and the)) director of fish and wildlife, shall be appointed by the governor, with the consent of the senate, and hold office at the pleasure of the governor.  ((The secretary of transportation shall be appointed by the transportation commission as prescribed by RCW 47.01.041.))  The director of fish and wildlife shall be appointed by the fish and wildlife commission as prescribed by RCW 77.04.055.

 

    Sec. 6.  RCW 47.01.041 and 1983 1st ex.s. c 53 s 28 are each amended to read as follows:

    The executive head of the department of transportation shall be the secretary of transportation, who shall be appointed by the ((transportation commission, and)) governor for a term of six years from appointment, but may serve no more than one year unless and until confirmed by the senate, and may not be reappointed if senate confirmation has not been received within one year of appointment.  The secretary shall be paid a salary to be fixed by the governor in accordance with the provisions of RCW 43.03.040.  The secretary ((shall be an ex officio member of the commission without a vote.  The secretary shall be the chief executive officer of the commission and be responsible to it, and shall be guided by policies established by it.  The secretary shall serve until removed by the commission, but only for incapacity, incompetence, neglect of duty, malfeasance in office, or failure to carry out the commission's policies.  Before a motion for dismissal shall be acted on by the commission, the secretary shall be granted a hearing on formal written charges before the full commission.  An action by the commission to remove the secretary shall be final)) serves at the pleasure of the governor.

 

    Sec. 7.  RCW 47.01.101 and 1987 c 505 s 48 and 1987 c 179 s 1 are each reenacted and amended to read as follows:

    The secretary shall have the authority and it shall be his or her duty, subject to policy guidance from the ((commission)) legislature and the governor:

    (1) To serve as chief executive officer of the department with full administrative authority to direct all its activities;

    (2) To organize the department as he or she may deem necessary to carry out the work and responsibilities of the department effectively;

    (3) To designate and establish such transportation district or branch offices as may be necessary or convenient, and to appoint assistants and delegate any powers, duties, and functions to them or any officer or employee of the department as deemed necessary to administer the department efficiently;

    (4) To direct and coordinate the programs of the various divisions of the department to assure that they achieve the greatest possible mutual benefit, produce a balanced overall effort, and eliminate unnecessary duplication of activity;

    (5) To adopt all department rules that are subject to the adoption procedures contained in the state Administrative Procedure Act((, except rules subject to adoption by the commission pursuant to statute));

    (6) To maintain and safeguard the official records of the department((, including the commission's recorded resolutions and orders));

    (7) ((To provide full staff support to the commission to assist it in carrying out its functions, powers, and duties and to execute the policy established by the commission pursuant to its legislative authority;

    (8))) To execute and implement the biennial operating budget for the operation of the department in accordance with chapter 43.88 RCW and with legislative appropriation and, in such manner as prescribed therein, to make and report to the ((commission)) governor and the chairs of the transportation committees of the senate and house of representatives, including one copy to the staff of each of the committees, deviations from the planned biennial category A and H highway construction programs necessary to adjust to unexpected delays or other unanticipated circumstances((.)); and

    (((9))) (8) To exercise all other powers and perform all other duties as are now or hereafter provided by law.

 

    NEW SECTION.  Sec. 8.  A new section is added to chapter 47.01 RCW to read as follows:

    All references in the Revised Code of Washington to the transportation commission that assign committee membership or administrative authority are transferred to the secretary of transportation.

 

              PART II - TRANSPORTATION FUNDING BOARD

 

    NEW SECTION.  Sec. 9.  A new section is added to chapter 47.01 RCW to read as follows:

    (1) The transportation funding board is created.

    (2) The board is composed of seventeen members.  No appointee may serve more than one year without senate confirmation.  The following fourteen members are appointed by the governor with the advice and consent of the senate for terms of six years, except that six members initially are appointed for terms of three years:

    (a) Three representatives from counties, appointed from a list of at least four persons nominated by the Washington state association of counties or its successor;

    (b) Three representatives from cities and towns, appointed from a list of at least four persons nominated jointly by the association of Washington cities or its successor and city councils of any jurisdiction not represented by the association of Washington cities;

    (c) One representative of the public transit system;

    (d) One representative from the executive committee of the Washington state ferry users;

    (e) One member appointed as a representative of the trucking industry from a list of two persons recommended by the Washington trucking association or its successor;

    (f) One member appointed as a representative of the railroads;

    (g) One member appointed as a representative of the ports, appointed from a list of at least two persons nominated by the Washington public ports association or its successor;

    (h) Two private sector representatives; and

    (i) One member representing special needs transportation.

    (3) The board must also include the three following representatives:

    (a) One member representing the highways division of the department;

    (b) One member representing the local programs division of the department; and

    (c) One member representing the office of financial management.

    (4) In making appointments to the board, the governor shall ensure that each geographic region of the state is represented.

    (5) If a vacancy on the board occurs by death, resignation, or otherwise, the governor shall fill the vacant position for the unexpired term.  Each vacancy in a position appointed from lists provided by the associations under subsection (2) of this section must be filled from a list of persons nominated by the appropriate association or associations.

    (6) The governor may not remove members from the board before the expiration of their terms unless for cause based upon a determination of incapacity, incompetence, neglect of duty, or malfeasance in office by the Thurston county superior court, upon petition and show cause proceedings brought for that purpose in that court and directed to the board member in question.

    (7) No member may be appointed for more than two consecutive terms.

    (8) No member may serve for more than one year without the consent of the senate.

 

    NEW SECTION.  Sec. 10.  A new section is added to chapter 47.01 RCW to read as follows:

    (1) The board shall meet quarterly and upon the call of its chair.  It may adopt its own rules and may establish its own procedures.  It shall act collectively in harmony with recorded resolutions or motions adopted by the majority vote of at least nine members.

    (2) The board shall elect one of its members as the chair for a term of one year.  The chair may vote on all matters before the board.

    (3) Each member of the board will be compensated in accordance with RCW 43.03.250 and reimbursed for actual necessary traveling and other expenses in going to, attending, and returning from meetings of the board or that are incurred in the discharge of duties requested by the chair.  However, in no event may a board member be compensated in any year for more than one hundred days, except the chair of the board may be compensated for not more than one hundred twenty-five days.  Service on the board does not qualify as a service credit for the purposes of a public retirement system.

    (4) The highways and local programs division of the department shall provide staff support to the board.

    (5) The board shall keep proper records and is subject to audit by the state auditor.

 

    NEW SECTION.  Sec. 11.  A new section is added to chapter 47.01 RCW to read as follows:

    The board shall oversee and approve funding for improvements on state, city, and county arterials as specified by law.  The board shall also select, prioritize, and create funding partnerships for freight transportation projects and minimize the impact of freight movement on local communities.

 

    NEW SECTION.  Sec. 12.  A new section is added to chapter 47.01 RCW to read as follows:

    The board and the highways and local programs division of the department shall:

    (1) Adopt rules necessary to implement the board's responsibilities relating to the allocation of funds; and

    (2) Adopt reasonably uniform design standards for city and county arterials.

 

    NEW SECTION.  Sec. 13.  A new section is added to chapter 47.01 RCW to read as follows:

    All costs associated with staff to the transportation funding board, together with travel expenses in accordance with RCW 43.03.050 and 43.03.060, will be paid from the urban arterial trust account, the transportation improvement account, the rural arterial trust account, and the motor vehicle account in the motor vehicle fund as determined by the biennial appropriation.

 

    NEW SECTION.  Sec. 14.  A new section is added to chapter 47.01 RCW to read as follows:

    The highways and local programs division of the department shall administer the rural arterial trust account created in RCW 36.79.020, with the oversight and approval of the transportation funding board.  All rules and procedures previously adopted by the county road administration board regarding this account must be adopted in their entirety by the transportation funding board.

 

    NEW SECTION.  Sec. 15.  A new section is added to chapter 47.01 RCW to read as follows:

    (1) The highways and local programs division of the department shall administer the urban arterial trust account created in RCW 47.26.080, the arterial improvement grant program, the small city program, the city hardship program, and the pedestrian safety and mobility program, with oversight and approval by the transportation funding board.  All rules and procedures regarding the administration of the account and programs must be adopted in their entirety by the transportation funding board.

    (2) The highways and local programs division of the department shall administer the transportation improvement account created in RCW 47.26.084 and the transportation partnership grant program, with the oversight and approval of the transportation funding board.  All rules and procedures regarding the administration of the account and program must be adopted in their entirety by the transportation funding board.

 

    NEW SECTION.  Sec. 16.  A new section is added to chapter 47.01 RCW to read as follows:

    The transportation funding board and the highways and local programs division of the department shall adopt reasonable rules necessary to implement the city hardship assistance program as recommended by the road jurisdiction study.

    The following criteria should be used to implement the program:

    (1) Only those cities with a net gain in cost responsibility due to jurisdictional transfers in chapter 342, Laws of 1991, as determined by the board, may participate;

    (2) Cities with populations of fifteen thousand or less, as determined by the office of financial management, may participate;

    (3) The board shall develop criteria and procedures under which eligible cities may request funding for rehabilitation projects on city streets acquired under chapter 342, Laws of 1991; and

    (4) The board may also allocate funds from the city hardship assistance program to cities with a population under twenty thousand to offset extraordinary costs associated with the transfer of roadways other than under chapter 342, Laws of 1991, that occur after January 1, 1991.

 

    NEW SECTION.  Sec. 17.  A new section is added to chapter 47.01 RCW to read as follows:

    The legislature recognizes the need for a multijurisdictional body to review future requests for jurisdictional transfers.  The transportation funding board shall receive petitions from cities, counties, or the state requesting any addition or deletion from the state highway system.  Additionally, the board may conduct its own analysis and make recommendations based upon that analysis to determine additions or deletions from the state highway system.  The board shall use the criteria established in RCW 47.17.001 in evaluating petitions and shall adopt rules for implementation of this process.  The board shall forward any recommended jurisdictional transfers to the transportation committees of the house and senate by November 15th of each year.

 

    Sec. 18.  RCW 36.57A.070 and 1985 c 6 s 5 are each amended to read as follows:

    The legislative transportation accountability program committee shall review the comprehensive transit plan adopted by the authority ((shall be reviewed by the state transportation commission)) to determine:

    (1) The completeness of service to be offered and the economic viability of the transit system proposed in such comprehensive transit plan;

    (2) Whether such plan integrates the proposed transportation system with existing transportation modes and systems that serve the benefit area;

    (3) Whether such plan coordinates that area's system and service with nearby public transportation systems;

    (4) Whether such plan is eligible for matching state or federal funds((;

    After reviewing the comprehensive transit plan, the state transportation commission shall have sixty days in which to approve such plan and to certify to the state treasurer that such public transportation benefit area shall be eligible to receive the motor vehicle excise tax proceeds authorized pursuant to RCW 35.58.273, as now or hereafter amended in the manner prescribed by chapter 82.44 RCW, as now or hereafter amended.  To be approved a plan shall provide for coordinated transportation planning, the integration of such proposed transportation program with other transportation systems operating in areas adjacent to, or in the vicinity of the proposed public transportation benefit area, and be consistent with the public transportation coordination criteria adopted pursuant to the urban mass transportation act of 1964 as amended as of July 1, 1975.  In the event such comprehensive plan is disapproved and ruled ineligible to receive motor vehicle tax proceeds, the state transportation commission shall provide written notice to the authority within thirty days as to the reasons for such plan's disapproval and such ineligibility.  The authority may resubmit such plan upon reconsideration and correction of such deficiencies in the plan cited in such notice of disapproval)).

 

    Sec. 19.  RCW 36.78.030 and 1971 ex.s. c 85 s 5 are each amended to read as follows:

    There is created hereby a county road administration board consisting of nine members who shall be appointed by the executive committee of the Washington state association of counties.  ((Prior to July 1, 1965 the executive committee of the Washington state association of counties shall appoint the first members of the county road administration board:  Three members to serve one year; three members to serve two years; and three members to serve three years from July 1, 1965.  Upon expiration of the original terms subsequent)).  Appointments ((shall)) must be made ((by the same appointing authority)) for three year terms except in the case of a vacancy, in which event the appointment ((shall)) will be only for the remainder of the unexpired term in which the vacancy has occurred.

 

    Sec. 20.  RCW 36.78.070 and 1999 c 269 s 1 are each amended to read as follows:

    The county road administration board shall:

    (1) Establish by rule, standards of good practice for the administration of county roads and the efficient movement of people and goods over county roads;

    (2) Establish reporting requirements for counties with respect to the standards of good practice adopted by the board;

    (3) Receive and review reports from counties and reports from its executive director to determine compliance with legislative directives and the standards of good practice adopted by the board;

    (4) ((Advise counties on issues relating to county roads and the safe and efficient movement of people and goods over county roads and)) Assist counties in developing uniform and efficient transportation-related information technology resources;

    (5) Report annually before the fifteenth day of January, and throughout the year as appropriate, to the state department of transportation and to the chairs of the legislative transportation committee and the house and senate transportation committees, and to other entities as appropriate on the status of county road administration in each county, including one copy to the staff of each of the committees.  The annual report shall contain recommendations for improving administration of the county road programs;

    (6) Administer the ((rural arterial program established by chapter 36.79 RCW and the)) program funded by the county arterial preservation account established by RCW 46.68.090((, as well as any other programs provided for in law)).

 

    Sec. 21.  RCW 36.78.090 and 1984 c 7 s 33 are each amended to read as follows:

    (1) Before May 1st of each year the board shall transmit to the state treasurer certificates of good practice on behalf of the counties which during the preceding calendar year:

    (a) Have submitted to the state department of transportation or to the board all reports required by law or regulation of the board; and

    (b) Have reasonably complied with provisions of law relating to county road administration and with the standards of good practice as formulated and adopted by the board.

    (2) The board shall not transmit to the state treasurer a certificate of good practice on behalf of any county failing to meet the requirements of subsection (1) of this section, but the board shall in such case and before May 1st, notify the county and the state treasurer of its reasons for withholding the certificate.

    (3) The state treasurer, upon receiving a notice that a certificate of good practice will not be issued on behalf of a county, or that a previously issued certificate of good practice has been revoked, shall, effective the first day of the month after that in which notice is received, withhold from such county its share of motor vehicle fuel taxes distributable ((pursuant to)) under RCW 46.68.120 until the board ((thereafter)) issues on behalf of such county a certificate of good practice or a conditional certificate.  After withholding or revoking a certificate of good practice with respect to any county, the board may ((thereafter)) at any time issue such a certificate or a conditional certificate when the board is satisfied that the county has complied or is diligently attempting to comply with the requirements of subsection (1) of this section.

    (4) The board may, upon notice and a hearing, revoke a previously issued certificate of good practice or substitute a conditional certificate ((therefor)) when, after issuance of a certificate of good practice, any county fails to meet the requirements of subsection (1) (a) and (b) of this section, but the board shall in such case notify the county and the state treasurer of its reasons for the revocation or substitution.

    (5) Motor vehicle fuel taxes withheld from any county pursuant to this section shall not be distributed to any other county, but shall be retained in the motor vehicle fund to the credit of the county originally entitled ((thereto)) to them.  Whenever the state treasurer receives from the board a certificate of good practice issued on behalf of such county he shall distribute to such county all of the funds theretofore retained in the motor vehicle fund to the credit of such county.

 

    Sec. 22.  RCW 36.78.100 and 1977 ex.s. c 257 s 2 are each amended to read as follows:

    Whenever the board finds that a county has failed to submit the reports required by RCW 36.78.090, or has failed to comply with provisions of law relating to county road administration or has failed to meet the standards of good practice as formulated and adopted by the board, the board may in lieu of withholding or revoking a certificate of good practice issue and transmit to the state treasurer on behalf of such county a conditional certificate which will authorize the continued distribution to such county all or a designated portion of its share of motor vehicle fuel taxes.  The ((issuance of such)) board shall issue a conditional certificate ((shall be)) upon terms and conditions as ((shall be deemed by the board to be)) appropriate.  ((In the event)) If a county on whose behalf a conditional certificate is issued fails to comply with the terms and conditions of such certificate, the board may ((forthwith)) cancel or modify such certificate notifying the state treasurer ((thereof)) of its action.  In such case the state treasurer shall ((thereafter)) withhold from such county all or the designated portion of its share of the motor vehicle fuel taxes as provided in RCW 36.78.090.

 

    Sec. 23.  RCW 36.79.010 and 1997 c 81 s 1 are each amended to read as follows:

    The definitions set forth in this section apply throughout this chapter unless the context clearly requires otherwise.

    (1) "Rural arterial program" means improvement projects on those county roads in rural areas classified as rural arterials and collectors in accordance with the federal functional classification system and the construction of replacement bridges funded by the federal bridge replacement program on access roads in rural areas.

    (2) "Rural area" means every area of the state outside of areas designated as urban areas by the state transportation commission with the approval of the secretary of the United States department of transportation in accordance with federal law.

    (3) "Board" means the ((county road administration)) transportation funding board created by ((RCW 36.78.030)) section 9 of this act.

 

    Sec. 24.  RCW 36.79.020 and 1997 c 81 s 2 are each amended to read as follows:

    There is created in the motor vehicle fund the rural arterial trust account.  All moneys deposited in the motor vehicle fund to be credited to the rural arterial trust account shall be expended for (1) the construction and improvement of county rural arterials and collectors, (2) the construction of replacement bridges funded by the federal bridge replacement program on access roads in rural areas, and (3) those expenses of the board associated with the administration of the rural arterial program.  No more than three percent of moneys in the account may be spent on the expenses of the board associated with the administration of the rural arterial program.

 

    Sec. 25.  RCW 36.79.060 and 1998 c 245 s 31 are each amended to read as follows:

    The highways and local programs division of the department of transportation and the board shall:

    (1) Adopt rules necessary to implement the provisions of this chapter relating to the allocation of funds in the rural arterial trust account to counties;

    (2) Adopt reasonably uniform design standards for county rural arterials and collectors that meet the requirements for trucks transporting commodities.

 

    Sec. 26.  RCW 36.79.110 and 1988 c 167 s 7 are each amended to read as follows:

    The county road administration board and the transportation ((improvement)) funding board shall jointly adopt rules to assure coordination of their respective programs especially with respect to projects proposed by the group of incorporated cities outside the boundaries of federally approved urban areas, and to encourage the system development of county-city arterials in rural areas.

 

    Sec. 27.  RCW 43.84.092 and 2000 2nd sp.s. c 4 s 6 are each amended to read as follows:

    (1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.

    (2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990.  The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act.  Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation.  The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act.  The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection.  Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.

    (3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies.  The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions.  Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.

    (4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account.  The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:

    (a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period:  The capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the common school construction fund, the county criminal justice assistance account, the county sales and use tax equalization account, the data processing building construction account, the deferred compensation administrative account, the deferred compensation principal account, the department of retirement systems expense account, the drinking water assistance account, the Eastern Washington University capital projects account, the education construction fund, the emergency reserve fund, the federal forest revolving account, the health services account, the public health services account, the health system capacity account, the personal health services account, the state higher education construction account, the higher education construction account, the highway infrastructure account, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the medical aid account, the mobile home park relocation fund, the multimodal transportation account, the municipal criminal justice assistance account, the municipal sales and use tax equalization account, the natural resources deposit account, the perpetual surveillance and maintenance account, the public employees' retirement system plan 1 account, the public employees' retirement system combined plan 2 and plan 3 account, the Puyallup tribal settlement account, the resource management cost account, the site closure account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the supplemental pension account, the teachers' retirement system plan 1 account, the teachers' retirement system combined plan 2 and plan 3 account, the tobacco prevention and control account, the tobacco settlement account, the transportation infrastructure account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the volunteer fire fighters' and reserve officers' relief and pension principal fund, the volunteer fire fighters' and reserve officers' administrative fund, the Washington judicial retirement system account, the Washington law enforcement officers' and fire fighters' system plan 1 retirement account, the Washington law enforcement officers' and fire fighters' system plan 2 retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington state health insurance pool account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving fund, and the Western Washington University capital projects account.  Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts.  All earnings to be distributed under this subsection (4)(a) shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.

    (b) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period:  The aeronautics account, the aircraft search and rescue account, the county arterial preservation account, the department of licensing services account, the essential rail assistance account, the ferry bond retirement fund, the grade crossing protective fund, the high capacity transportation account, the highway bond retirement fund, the highway safety account, the motor vehicle fund, the motorcycle safety education account, the pilotage account, ((the public transportation systems account,)) the Puget Sound capital construction account, the Puget Sound ferry operations account, the recreational vehicle account, the rural arterial trust account, the safety and education account, the special category C account, the state patrol highway account, the transportation equipment fund, the transportation fund, the transportation improvement account, the transportation improvement board bond retirement account, and the urban arterial trust account.

    (5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.

 

    Sec. 28.  RCW 47.06A.010 and 1998 c 175 s 2 are each amended to read as follows:

    Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

    (1) "Board" means the ((freight mobility strategic investment)) transportation funding board created in ((RCW 47.06A.030)) section 9 of this act.

    (2) "Department" means the department of transportation.

    (3) "Freight mobility" means the safe, reliable, and efficient movement of goods within and through the state to ensure the state's economic vitality.

    (4) "Local governments" means cities, towns, counties, special purpose districts, port districts, and any other municipal corporations or quasi-municipal corporations in the state excluding school districts.

    (5) "Public entity" means a state agency, city, town, county, port district, or municipal or regional planning organization.

    (6) "Strategic freight corridor" means a transportation corridor of great economic importance within an integrated freight system that:

    (a) Serves international and domestic interstate and intrastate trade;

    (b) Enhances the state's competitive position through regional and global gateways;

    (c) Carries freight tonnages of at least:

    (i) Four million gross tons annually on state highways, city streets, and county roads;

    (ii) Five million gross tons annually on railroads; or

    (iii) Two and one-half million net tons on waterways; and

    (d) Has been designated a strategic corridor by the board under RCW 47.06A.020(3).  However, new alignments to, realignments of, and new links to strategic corridors that enhance freight movement may qualify, even though no tonnage data exists for facilities to be built in the future.

 

    Sec. 29.  RCW 47.06A.020 and 1999 c 216 s 1 are each amended to read as follows:

    (1) The highways and local programs division of the department and the board shall:

    (a) Adopt rules and procedures necessary to implement the freight mobility strategic investment program;

    (b) Solicit from public entities proposed projects that meet eligibility criteria established in accordance with subsection (4) of this section; and

    (c) Review and evaluate project applications based on criteria established under this section, and prioritize and select projects comprising a portfolio to be funded in part with grants from state funds appropriated for the freight mobility strategic investment program.  In determining the appropriate level of state funding for a project, the board shall ensure that state funds are allocated to leverage the greatest amount of partnership funding possible.  After selecting projects comprising the portfolio, the board shall submit them as part of its budget request to the office of financial management and the legislature.  The board shall ensure that projects submitted as part of the portfolio are not more appropriately funded with other federal, state, or local government funding mechanisms or programs.  The board shall reject those projects that appear to improve overall general mobility with limited enhancement for freight mobility.

    The board shall provide periodic progress reports on its activities to the office of financial management and the legislative transportation committee.

    (2) The board may:

    (a) Accept from any state or federal agency, loans or grants for the financing of any transportation project and enter into agreements with any such agency concerning the loans or grants;

    (b) Provide technical assistance to project applicants;

    (c) Accept any gifts, grants, or loans of funds, property, or financial, or other aid in any form from any other source on any terms and conditions which are not in conflict with this chapter;

    (d) Adopt rules under chapter 34.05 RCW as necessary to carry out the purposes of this chapter; and

    (e) Do all things necessary or convenient to carry out the powers expressly granted or implied under this chapter.

    (3) The board shall designate strategic freight corridors within the state.  The board shall update the list of designated strategic corridors not less than every two years, and shall establish a method of collecting and verifying data, including information on city and county-owned roadways.

    (4) From June 11, 1998, through the biennium ending June 30, 2001, the board shall utilize threshold project eligibility criteria that, at a minimum, includes the following:

    (a) The project must be on a strategic freight corridor;

    (b) The project must meet one of the following conditions:

    (i) It is primarily aimed at reducing identified barriers to freight movement with only incidental benefits to general or personal mobility; or

    (ii) It is primarily aimed at increasing capacity for the movement of freight with only incidental benefits to general or personal mobility; or

    (iii) It is primarily aimed at mitigating the impact on communities of increasing freight movement, including roadway/railway conflicts; and

    (c) The project must have a total public benefit/total public cost ratio of equal to or greater than one.

    (5) From June 11, 1998, through the biennium ending June 30, 2001, the board shall use the multicriteria analysis and scoring framework for evaluating and ranking eligible freight mobility and freight mitigation projects developed by the freight mobility project prioritization committee and contained in the January 16, 1998, report entitled "Project Eligibility, Priority and Selection Process for a Strategic Freight Investment Program."  The prioritization process shall measure the degree to which projects address important program objectives and shall generate a project score that reflects a project's priority compared to other projects.  The board shall assign scoring points to each criterion that indicate the relative importance of the criterion in the overall determination of project priority.  After June 30, 2001, the board may supplement and refine the initial project priority criteria and scoring framework developed by the freight mobility project prioritization committee as expertise and experience is gained in administering the freight mobility program.

    (6) It is the intent of the legislature that each freight mobility project contained in the project portfolio submitted by the board utilize the greatest amount of nonstate funding possible.  The board shall adopt rules that give preference to projects that contain the greatest levels of financial participation from nonprogram fund sources.  The board shall consider twenty percent as the minimum partnership contribution, but shall also ensure that there are provisions allowing exceptions for projects that are located in areas where minimal local funding capacity exists or where the magnitude of the project makes the adopted partnership contribution financially unfeasible.

    (7) The board shall develop and recommend policies that address operational improvements that primarily benefit and enhance freight movement, including, but not limited to, policies that reduce congestion in truck lanes at border crossings and weigh stations and provide for access to ports during nonpeak hours.

 

    Sec. 30.  RCW 47.26.044 and 1994 c 179 s 6 are each amended to read as follows:

    The term "board" as used in this chapter means the transportation ((improvement)) funding board.

 

    Sec. 31.  RCW 47.26.080 and 1999 c 94 s 16 are each amended to read as follows:

    There is hereby created in the motor vehicle fund the urban arterial trust account.  The intent of the urban arterial trust account program is to improve the arterial street system of the state by improving mobility and safety while supporting an environment essential to the quality of life of the citizens of the state of Washington.  The city hardship assistance program, as provided in ((RCW 47.26.164)) section 16 of this act, and the small city program, as provided for in RCW 47.26.115, are implemented within the urban arterial trust account.

    The board shall not allocate funds, nor make payments of the funds under RCW 47.26.260, to any county, city, or town identified by the governor under RCW 36.70A.340.

    No more than two percent of the funds in the urban arterial trust account may be spent on administrative costs in implementing programs under this account.

 

    Sec. 32.  RCW 47.26.084 and 1999 c 94 s 17 are each amended to read as follows:

    The transportation improvement account is hereby created in the motor vehicle fund.  The intent of the program is to improve mobility of people and goods in Washington state by supporting economic development and environmentally responsive solutions to our statewide transportation system needs.

    Within one year after board approval of an application for funding, a county, city, or transportation benefit district shall provide written certification to the board of the pledged local and/or private funding.  Funds allocated to an applicant that does not certify its funding within one year after approval may be reallocated by the board.

    No more than two percent of the funding in the account may be spent for the administrative costs to operate the program.

 

    Sec. 33.  RCW 47.26.170 and 1994 c 179 s 16 are each amended to read as follows:

    Each county having within its boundaries an urban area and cities and towns shall prepare and submit to the ((transportation improvement)) board arterial inventory data required to determine the long-range arterial construction needs.  The counties, cities, and towns shall revise the arterial inventory data every four years to show the current arterial construction needs through the advanced planning period, and as revised shall submit them to the ((transportation improvement)) board during the first week of January every four years beginning in 1996.  The inventory data shall be prepared pursuant to guidelines established by the ((transportation improvement)) board.  As information is updated, it shall be made available to the ((commission and the legislative)) transportation committees of the house and senate.

 

    Sec. 34.  RCW 47.26.185 and 1994 c 179 s 17 are each amended to read as follows:

    The ((transportation improvement)) board may adopt rules establishing qualifications for cities and counties administering and supervising the design and construction of projects financed in part from funds administered by the board.  The rules establishing qualification shall take into account the resources and population of the city or county, its permanent engineering staff, its design and construction supervision experience, and other factors the board deems appropriate.  Any city or county failing to meet the qualifications established by the board for administering and supervising a project shall contract with a qualified city or county or the department for the administration and supervision of the design and construction of any approved project as a condition for receiving funds for the project.

 

    Sec. 35.  RCW 47.26.260 and 1994 c 179 s 19 are each amended to read as follows:

    The ((transportation improvement)) board shall adopt rules providing for the approval of payments of funds in the accounts to a county, city, town, or transportation benefit district for costs of predesign, design, engineering, and costs of construction of an approved project from time to time as work progresses.  These payments shall at no time exceed the account share of the costs incurred to the date of the voucher covering such payment.

 

    Sec. 36.  RCW 47.26.270 and 1994 c 179 s 20 are each amended to read as follows:

    Counties, cities, towns, and transportation benefit districts receiving funds from the board shall provide such matching funds as established by rules adopted by the ((transportation improvement)) board.  When determining matching requirements, the board shall consider (1) financial resources available to counties and cities to meet arterial needs, (2) the amounts and percentages of funds available for road or street construction traditionally expended by counties and cities on arterials, (3) in the case of counties, the relative needs of arterials lying outside urban areas, and (4) the requirements necessary to avoid diversion of funds traditionally expended for arterial construction to other street or road purposes or to nonhighway purposes.

 

    Sec. 37.  RCW 47.26.426 and 1999 c 268 s 1 are each amended to read as follows:

    At least one year ((prior to)) before the date any interest is due and payable on such first authorization bonds, series II bonds, and series III bonds or before the maturity date of any such bonds, the state finance committee shall estimate, subject to the provisions of RCW 47.26.425, 47.26.4252, and 47.26.4254 the percentage of the receipts in money of the motor vehicle fund, resulting from collection of excise taxes on motor vehicle and special fuels, for each month of the year which shall be required to meet interest or bond payments hereunder when due, and shall notify the state treasurer of such estimated requirement.  The state treasurer, subject to RCW 47.26.425, 47.26.4252, and 47.26.4254, shall thereafter from time to time each month as such funds are paid into the motor vehicle fund, transfer such percentage of the monthly receipts from excise taxes on motor vehicle and special fuels of the motor vehicle fund to the transportation ((improvement)) funding board bond retirement account, maintained in the office of the state treasurer, which fund shall be available for payment of interest or bonds when due.  If in any month it shall appear that the estimated percentage of money so made is insufficient to meet the requirements for interest or bond retirement, the treasurer shall notify the state finance committee forthwith and such committee shall adjust its estimates so that all requirements for interest and principal of all bonds issued shall be fully met at all times.

 

    Sec. 38.  RCW 47.26.440 and 1994 c 179 s 25 are each amended to read as follows:

    Not later than November 1st of each even-numbered year the ((transportation improvement)) board shall prepare and present to the ((commission)) department for comment and recommendation an adopted budget for expenditures from funds administered by the board during the ensuing biennium.  The budget shall contain an estimate of the revenues to be credited to the several accounts and the amount, if any, of bond proceeds which the board determines should be made available through the sale of bonds in the ensuing biennium.

 

    Sec. 39.  RCW 47.26.507 and 1999 c 268 s 3 are each amended to read as follows:

    Whenever the percentage of the motor vehicle fund arising from excise taxes on motor vehicle and special fuels payable into the transportation ((improvement)) funding board bond retirement account, shall prove more than is required for the payment of interest on bonds when due, or current retirement of bonds, any excess may, in the discretion of the state finance committee, be available for the prior redemption of any bonds or remain available in the ((fund [account])) account to reduce the requirements upon the fuel excise tax portion of the motor vehicle fund at the next interest or bond payment period.

 

    Sec. 40.  RCW 82.44.150 and 1999 c 94 s 30 are each amended to read as follows:

    (1) The director of licensing shall, on the twenty-fifth day of February, May, August, and November of each year, advise the state treasurer of the total amount of motor vehicle excise taxes imposed by RCW 82.44.020(1) remitted to the department during the preceding calendar quarter ending on the last day of March, June, September, and December, respectively, except for those payable under RCW 82.44.030, from motor vehicle owners residing within each municipality which has levied a tax under RCW 35.58.273, which amount of excise taxes shall be determined by the director as follows:

    The total amount of motor vehicle excise taxes remitted to the department, except those payable under RCW 82.44.020(2) and 82.44.030, from each county shall be multiplied by a fraction, the numerator of which is the population of the municipality residing in such county, and the denominator of which is the total population of the county in which such municipality or portion thereof is located.  The product of this computation shall be the amount of excise taxes from motor vehicle owners residing within such municipality or portion thereof.  Where the municipality levying a tax under RCW 35.58.273 is located in more than one county, the above computation shall be made by county, and the combined products shall provide the total amount of motor vehicle excise taxes from motor vehicle owners residing in the municipality as a whole.  Population figures required for these computations shall be supplied to the director by the office of financial management, who shall adjust the fraction annually.

    (2) On the first day of the months of January, April, July, and October of each year, the state treasurer based upon information provided by the department shall, from motor vehicle excise taxes deposited in the transportation fund under RCW 82.44.110, ((make the following deposits:

    (a))) deposit to the high capacity transportation account created in RCW 47.78.010, a sum equal to four and five-tenths percent of the special excise tax levied under RCW 35.58.273 by those municipalities authorized to levy a special excise tax within each county that has a population of one hundred seventy-five thousand or more and has an interstate highway within its borders; except that in a case of a municipality located in a county that has a population of one hundred seventy-five thousand or more that does not have an interstate highway located within its borders, that sum shall be deposited in the passenger ferry account((;

    (b) To the public transportation systems account created in RCW 82.44.180, for revenues distributed after June 30, 1999, within a county with a population of one million or more and a county with a population of from two hundred thousand to less than one million bordering a county with a population of one million or more with which it shares a border of more than five miles, a sum equal to 6.8688 percent of the special excise tax distributed under RCW 35.58.273; and

    (c) To the public transportation systems account created in RCW 82.44.180, for revenues distributed after June 30, 1999, within counties not described in (b) of this subsection, a sum equal to 1.0534 percent of the special excise tax levied and collected under RCW 35.58.273)).

    (3) On the first day of the months of January, April, July, and October of each year, the state treasurer, based upon information provided by the department, shall remit motor vehicle excise tax revenues imposed and collected under RCW 35.58.273 as follows:

    (a) The amount required to be remitted by the state treasurer to the treasurer of any municipality levying the tax shall not exceed in any calendar year the amount of locally-generated tax revenues, excluding (i) the excise tax imposed under RCW 35.58.273 for the purposes of this section, which shall have been budgeted by the municipality to be collected in such calendar year for any public transportation purposes including but not limited to operating costs, capital costs, and debt service on general obligation or revenue bonds issued for these purposes; and (ii) the sales and use tax equalization distributions provided under RCW 82.14.046; and

    (b) In no event may the amount remitted in a single calendar quarter exceed the amount collected on behalf of the municipality under RCW 35.58.273 during the calendar quarter next preceding the immediately preceding quarter, excluding the sales and use tax equalization distributions provided under RCW 82.14.046.

    (4) At the close of each calendar year accounting period, but not later than April 1, each municipality that has received motor vehicle excise taxes under subsection (3) of this section shall transmit to the director of licensing and the state auditor a written report showing by source the previous year's budgeted tax revenues for public transportation purposes as compared to actual collections.  Any municipality that has not submitted the report by April 1 shall cease to be eligible to receive motor vehicle excise taxes under subsection (3) of this section until the report is received by the director of licensing.  If a municipality has received more or less money under subsection (3) of this section for the period covered by the report than it is entitled to receive by reason of its locally-generated collected tax revenues, the director of licensing shall, during the next ensuing quarter that the municipality is eligible to receive motor vehicle excise tax funds, increase or decrease the amount to be remitted in an amount equal to the difference between the locally-generated budgeted tax revenues and the locally-generated collected tax revenues.  In no event may the amount remitted for a calendar year exceed the amount collected on behalf of the municipality under RCW 35.58.273 during that same calendar year excluding the sales and use tax equalization distributions provided under RCW 82.14.046.  At the time of the next fiscal audit of each municipality, the state auditor shall verify the accuracy of the report submitted and notify the director of licensing of any discrepancies.

    (5) The motor vehicle excise taxes imposed under RCW 35.58.273 and required to be remitted under this section and RCW 82.14.046 shall be remitted without legislative appropriation.

    (6) Any municipality levying and collecting a tax under RCW 35.58.273 which does not have an operating, public transit system or a contract for public transportation services in effect within one year from the initial effective date of the tax shall return to the state treasurer all motor vehicle excise taxes received under subsection (3) of this section.

 

    Sec. 41.  RCW 82.44.180 and 1999 c 402 s 5 and 1999 c 94 s 31 are each reenacted and amended to read as follows:

    (((1))) The transportation fund is created in the state treasury.  Revenues under RCW 82.44.110 and 82.50.510 shall be deposited into the fund as provided in those sections.

    Moneys in the fund may be spent only after appropriation.  Expenditures from the fund may be used only for transportation purposes and activities and operations of the Washington state patrol not directly related to the policing of public highways and that are not authorized under Article II, section 40 of the state Constitution.

    (((2) There is hereby created the public transportation systems account within the transportation fund.  Moneys deposited into the account under RCW 82.44.150(2) (b) and (c) shall be appropriated to the transportation improvement board and allocated by the transportation improvement board to public transportation projects submitted by the public transportation systems as defined by chapters 36.56, 36.57, and 36.57A RCW and RCW 35.84.060 and 81.112.030, and the Washington state ferry system, solely for:

    (a) Planning;

    (b) Development of capital projects;

    (c) Development of high capacity transportation systems as defined in RCW 81.104.015;

    (d) Development of high occupancy vehicle lanes and related facilities as defined in RCW 81.100.020;

    (e) Other public transportation system-related roadway projects on state highways, county roads, or city streets;

    (f) Public transportation system contributions required to fund projects under federal programs and those approved by the transportation improvement board from other fund sources; and

    (g) Reimbursement to the general fund of tax credits authorized under RCW 82.04.4453 and 82.16.048, subject to appropriation.))

 

   PART III - LEGISLATIVE TRANSPORTATION ACCOUNTABILITY PROGRAM

 

    NEW SECTION.  Sec. 42.  The legislative transportation accountability program committee is created, consisting of four senators, two from each of the two largest caucuses, and four representatives, two from each of the two largest caucuses, from the legislature.  The president of the senate shall appoint the senate members of the committee, and the speaker of the house shall appoint the house members of the committee.  Not more than two members from each house may be from the same political party.  All members must be appointed before the close of the 2001 session of the legislature and before the close of each regular session during each succeeding odd-numbered year.  Members are subject to confirmation, as to the senate members by the senate, and as to the house members by the house.

 

    NEW SECTION.  Sec. 43.  The term of office of the members of the committee who continue to be members of the senate and house is from the close of the session in which they were appointed or elected as provided in section 42 of this act until the close of the next regular session during an odd-numbered year, or, if the appointments or elections are not made, until the close of the next regular session during an odd-numbered year during which successors are appointed or elected.  The terms of office of committee members who do not continue to be members of the senate and house cease upon the convening of the next regular session of the legislature during an odd-numbered year after their confirmation, election, or appointment.  Vacancies on the committee must be filled by interim appointment by the speaker of the house and president of the senate.  All such vacancies must be filled from the same political party and from the same house as the member whose seat was vacated.

 

    NEW SECTION.  Sec. 44.  Upon the commencement of a succeeding regular session of the legislature during an odd-numbered year, those members of the committee who continue to be members of the senate and house, respectively, shall continue as members of the committee as indicated in section 43 of this act and the committee shall continue with all its powers, duties, authorities, records, papers, personnel, and staff, and all funds made available for its use.

 

    NEW SECTION.  Sec. 45.  The members of the committee shall serve without additional compensation, but will be reimbursed under RCW 44.04.120 while attending sessions of the committee or meetings of any subcommittee of the committee, or on other committee business authorized by the committee.

 

    NEW SECTION.  Sec. 46.  All expenses incurred by the committee, including salaries and expenses of employees, will be paid upon voucher forms as provided by the administrator and signed by the chair or vice-chair of the committee and attested by the secretary of the committee, and the authority of the chair and secretary to sign vouchers continues until their successors are selected after each ensuing session of the legislature.  Vouchers may be drawn on funds appropriated by law for the committee.  The senate and the house may authorize the committee to draw on funds appropriated by the legislature for legislative expenses.

 

    NEW SECTION.  Sec. 47.  The committee shall appoint its own chair, vice-chair, and other officers; and make rules for orderly procedure.

 

    NEW SECTION.  Sec. 48.  The committee shall acquire a data processing service capability under the exclusive jurisdiction and control of the legislature acting through the committee and its administrator for the purpose of providing the legislature and its staff with the type of information required for in-depth analysis and monitoring of state transportation activities.  The legislative transportation accountability program established in this section may be referred to in this chapter as the LTAP administration.

 

    NEW SECTION.  Sec. 49.  To carry out section 48 of this act the LTAP administration shall provide for:

    (1) Automated data bases and application systems in support of legislative requirements to monitor, evaluate, analyze, report, and review;

    (2) Maintenance of computer software, application programs, data bases, and related documentation;

    (3) Education, training, and programming services;

    (4) Procedural documentation support; and

    (5) Consulting assistance on special projects.

 

    NEW SECTION.  Sec. 50.  The legislature recognizes that the Blue Ribbon Commission on Transportation issued comprehensive reports on transportation in November of 2000, in which seventeen separate benchmarks to measure performance were outlined.  These benchmarks set forth a vision of comprehensive transportation system performance measurements and goals towards which all levels of government and modes of transportation should work.  Adoption of these benchmarks is essential to forming the cornerstone of government accountability at the state, city, county, and transit district levels.  The legislature intends to adopt these benchmarks, and further intends that they be used to measure results and monitor performance of the state's transportation system at the state, city, county, and transit district levels.  These benchmarks will provide a baseline of transportation performance against which future action can be measured and performance goals set to achieve these benchmarks.  The legislature intends that transportation funding be tied to progress in achieving these benchmarks.  All modes and facets of the transportation system, both existing and new or proposed systems, are subject, and must work, to ensure that these benchmarks are met at the state, city, county, and transit district levels.

 

    NEW SECTION.  Sec. 51.  On December 15th of each year, the LTAP committee shall prepare and submit to the house and senate standing committees on transportation and the office of financial management, a comprehensive statewide report on transportation systems at the state, county, city, and transit levels, measuring each system's performance and progress in achieving the following benchmarks:

    (1) No interstate highway within the state is in poor condition;

    (2) No major state route is in poor condition;

    (3) No local arterial in the state is in poor condition;

    (4) No bridge in the state is structurally deficient;

    (5) Traffic congestion on urban interstate highways does not exceed the national mean for national metropolitan areas;

    (6) Driver delay in metropolitan areas does not exceed the national mean for national metropolitan areas;

    (7) All bridges within the state have been retrofitted for seismic safety, and are maintained to ensure seismic safety;

    (8) Per capita vehicle miles traveled does not exceed the total per capita vehicle miles driven in calendar year 2000;

    (9) Nonautomobile trips in urban centers are a significant portion of all trips within urban area;

    (10) Administrative costs as a percentage of transportation spending are no greater than the national median, and are consistently improved until they are at least within the most efficient quartile nationally;

    (11) Public transit agencies achieve the median cost per vehicle revenue hour of peer group transit agencies, after adjustment to reflect regional cost-of-living is made;

    (12) The number of traffic accidents on systems throughout the state continues to decline;

    (13) Air quality is maintained at federally required levels;

    (14) Operations, maintenance, and project delivery costs are continuously improved to incorporate the best and most cost-effective practices available;

    (15) There are adequate funding sources to ensure that the transportation system keeps pace with growth in population and economy;

    (16) Freight mobility is accommodated within the transportation system; and

    (17) Overall hours of travel delay per person in congested corridors are reduced to and maintained at reasonable levels.

    These benchmarks represent only minimum standards, and while each system need not meet all benchmarks at any given time, each system must consistently work towards achieving, maintaining, and surpassing these benchmarks.

    The LTAP may compile data and adopt rules and standards necessary to define and measure these benchmarks.

 

    NEW SECTION.  Sec. 52.  (1) The LTAP shall serve as a single, independent, statewide point of accountability for reporting, funding, and monitoring the performance of an integrated transportation system.  The LTAP has the following functions:

    (a) Take responsibility for overseeing the attainment of benchmarks adopted by the Blue Ribbon Commission on Transportation on November 29, 2000;

    (b) Report annually to the governor and the legislature on:

    (i) Progress toward achieving reform and efficiencies;

    (ii) Progress toward accomplishment of the legislature's adopted investment strategies; and

    (iii) Policy proposals for furthering progress toward benchmarks and related transportation policies;

    (c) Review regional and integrated statewide transportation plans and budgets and advise local and state entities on whether those plans and budgets are consistent with statewide transportation benchmarks; and

    (d) Monitor and report the efforts at the state, city, county, and transit district levels on adopting leading edge transportation strategies and achieving transportation benchmarks.

    (2) The committee may:

    (a) Have timely access, upon written request of the administrator, to all machine readable, printed, and other data of state transportation agencies relative to expenditures, budgets, and related fiscal matters; and

    (b) Enter into contracts; and when entering into a contract for computer access, make necessary provisions relative to the scheduling of computer time and use in recognition of the unique requirements and priorities of the legislative process.

 

    NEW SECTION.  Sec. 53.  The committee may make reports to the legislature.  The committee shall keep complete minutes of its meetings.

 

    NEW SECTION.  Sec. 54.  Each person who appears before the committee, other than a state official or employee, may upon request receive for attendance the fees and mileage provided for witnesses in civil cases in courts of record in accordance with RCW 2.40.010.  The requests must be audited and paid upon the presentation of proper vouchers signed by the person and approved by the secretary and chair of the committee.

 

    NEW SECTION.  Sec. 55.  The committee may appoint an officer to be known as the LTAP administrator to serve as the executive officer of the committee, assist in its duties, and compile information for the committee.

    The committee may select and employ temporary and permanent personnel and fix their salaries.

    The administrator shall:

    (1) Manage the LTAP operations;

    (2) Assist the several standing committees of the house and senate; appear before other legislative committees; and assist any other legislative committee upon instruction by the committee;

    (3) Provide the legislature with information obtained under the direction of the committee;

    (4) Maintain a record of all work performed by the administrator under the direction of the committee and to keep and make available all documents, data, and reports submitted to the administrator by any legislative committee.

 

    NEW SECTION.  Sec. 56.  The committee is expressly exempted from chapter 43.105 RCW.

 

    NEW SECTION.  Sec. 57.  The committee shall cooperate, act, and function with Washington state legislative committees and may cooperate with the councils or committees of other states similar to this committee and with other interstate research organizations.

 

    NEW SECTION.  Sec. 58.  Sections 42 through 57 of this act constitute a new chapter in Title 44 RCW.

 

    NEW SECTION.  Sec. 59.  The executive director of the transportation improvement board, the freight mobility strategic investment board, the director of the county road administration board, and the assistant secretary of the highways and local programs division within the department of transportation, along with the secretary of transportation, the chair of the transportation improvement board, the chair of the county road administration board, the chair of the transportation commission, the director of the office of financial management, the chair of the senate transportation committee, and the chair of the house transportation committee, or their designees shall submit to the legislature and the office of financial management, by December 1, 2001, an interim plan and time schedule to consolidate the rural arterial trust account responsibilities of the county road administration board, the transportation improvement board, and the freight mobility strategic investment board.  A final plan and time schedule must be submitted to the legislature and the office of financial management by December 1, 2002.

    The legislative transportation accountability program committee shall submit an interim report to the legislature and the office of financial management by December 1, 2001, providing a plan and schedule for beginning operations of the LTAP.  A final plan and schedule must be submitted to the legislature and the office of financial management by December 1, 2002.

 

    NEW SECTION.  Sec. 60.  The following acts or parts of acts are each repealed:

    (1) RCW 36.79.070 (Board may contract with department of transportation for staff services and facilities) and 1983 1st ex.s. c 49 s 7;

    (2) RCW 47.01.051 (Commission created--Appointment of members--Terms--Qualifications--Removal) and 1977 ex.s. c 151 s 5;

    (3) RCW 47.01.061 (Commission--Procedures and internal operations) and 1987 c 364 s 2, 1984 c 287 s 94, 1983 1st ex.s. c 53 s 29, 1981 c 59 s 1, & 1977 ex.s. c 151 s 6;

    (4) RCW 47.01.070 (Director's and commissioner's prior assignments may be delegated) and 1977 ex.s. c 151 s 27 & 1961 c 13 s 47.01.070;

    (5) RCW 47.26.121 (Transportation improvement board--Membership--Chair--Expenses) and 1996 c 49 s 1, 1995 c 269 s 2603, 1994 c 179 s 13, & 1993 c 172 s 1;

    (6) RCW 47.26.130 (Transportation improvement board--Travel expenses) and 1988 c 167 s 15, 1975-'76 2nd ex.s. c 34 s 139, 1975 1st ex.s. c 1 s 2, 1969 ex.s. c 171 s 2, & 1967 ex.s. c 83 s 19;

    (7) RCW 47.26.140 (Transportation improvement board--Executive director, staff--Finances) and 1999 c 94 s 19, 1996 c 49 s 2, 1995 c 269 s 2605, 1994 c 179 s 14, 1988 c 167 s 16, 1977 ex.s. c 151 s 58, 1975-'76 2nd ex.s. c 34 s 140, 1969 ex.s. c 171 s 3, & 1967 ex.s. c 83 s 20;

    (8) RCW 47.26.150 (Transportation improvement board--Meetings) and 1988 c 167 s 17;

    (9) RCW 47.26.160 (Transportation improvement board--Powers and duties) and 1995 c 269 s 2607, 1994 c 179 s 15, 1988 c 167 s 18, 1987 c 505 s 51, 1984 c 7 s 155, 1977 ex.s. c 235 s 17, 1971 ex.s. c 291 s 1, & 1967 ex.s. c 83 s 22;

    (10) RCW 47.26.164 (City hardship assistance program--Implementation) and 1999 c 94 s 20 & 1991 c 342 s 60;

    (11) RCW 47.26.167 (Jurisdictional transfers) and 1991 c 342 s 62;

    (12) RCW 47.06A.001 (Findings) and 1998 c 175 s 1;

    (13) RCW 47.06A.030 (Board--Creation--Membership) and 1999 c 216 s 2 & 1998 c 175 s 4;

    (14) RCW 47.06A.040 (Board--Administration and staffing) and 1999 c 216 s 3 & 1998 c 175 s 5;

    (15) RCW 47.06A.070 (Records) and 1998 c 175 s 8; and

    (16) RCW 47.06A.900 (Severability--1998 c 175) and 1998 c 175 s 15.

 

    NEW SECTION.  Sec. 61.  Part headings used in this act are not part of the law.

 

    NEW SECTION.  Sec. 62.  (1) Sections 42 and 59 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.

    (2) Sections 4 through 7 of this act take effect January 1, 2002.

    (3) The remainder of this act takes effect July 1, 2003."

 

 

 

SSB 5755 - S AMD 180

By Senators Haugen, Horn and Benton

 

                                                                   

 

    In line 2 of the title, after "commission;" strike the remainder of the title and insert "amending RCW 47.01.021, 47.80.023, 43.17.020, 47.01.041, 36.57A.070, 36.78.030, 36.78.070, 36.78.090, 36.78.100, 36.79.010, 36.79.020, 36.79.060, 36.79.110, 43.84.092, 47.06A.010, 47.06A.020, 47.26.044, 47.26.080, 47.26.084, 47.26.170, 47.26.185, 47.26.260, 47.26.270, 47.26.426, 47.26.440, 47.26.507, and 82.44.150; reenacting and amending RCW 47.01.101 and 82.44.180; adding new sections to chapter 47.01 RCW; adding a new chapter to Title 44 RCW; creating new sections; repealing RCW 36.79.070, 47.01.051, 47.01.061, 47.01.070, 47.26.121, 47.26.130, 47.26.140, 47.26.150, 47.26.160, 47.26.164, 47.26.167, 47.06A.001, 47.06A.030, 47.06A.040, 47.06A.070, and 47.06A.900; providing effective dates; and declaring an emergency."

 

 

 


    EFFECT:  Transportation investment decisions must be based on considerations regarding mobility and congestion relief.  The transportation funding board may conduct its own analysis and make recommendations to the Legislature on additions or deletions from the state highway system.

    The secretary of transportation must not serve more than one year without the confirmation of the senate.  No secretary of transportation may serve more than six years without reappointment.

    The reorganization of the Transportation Improvement Board, the Freight Mobility Strategic Investment Board, and a portion of the County Road Administration Board takes effect July 1, 2003.

 


                            --- END ---