H-1444.2 _______________________________________________
SUBSTITUTE HOUSE BILL 1678
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State of Washington 57th Legislature 2001 Regular Session
By House Committee on Transportation (originally sponsored by Representatives Fisher, Mitchell and Poulsen; by request of The Blue Ribbon Commission on Transportation)
Read first time . Referred to Committee on .
AN ACT Relating to advance right-of-way acquisition; and adding new sections to chapter 47.26 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 47.26 RCW to read as follows:
The term "advance right-of-way acquisition" as used in this chapter means the acquisition of property and property rights, generally not more than ten years in advance of programmed roadway construction projects, together with the engineering costs necessary for the advance right-of-way acquisition. Property or property rights purchased must be for projects approved by the transportation improvement board or the county road administration board as part of a city or county six-year plan or program.
NEW SECTION. Sec. 2. A new section is added to chapter 47.26 RCW to read as follows:
The city and county advance right-of-way revolving fund is created in the custody of the treasurer. The transportation improvement board is the administrator of the fund and may deposit directly and spend without appropriation an initial deposit of five million dollars from the motor vehicle fund included in the transportation improvement board's 2001-2003 budget.
The board shall distribute the funds to cities and counties approved for advance right-of-way acquisition funding. The board shall adopt reasonable rules and develop policies to implement this program. Cities and counties applying for this funding must, at a minimum, submit the following documentation for the related arterial construction project: A list of the permits to be acquired; the agencies requiring the permits; and the estimated time frame for acquiring the permits. Funding distributions are subject to RCW 47.26.270.
NEW SECTION. Sec. 3. A new section is added to chapter 47.26 RCW to read as follows:
(1) After any properties or property rights are acquired through funds from the city and county advance right-of-way revolving fund, the acquiring city or county is responsible for the management of the properties in accordance with sound business practices and shall provide annual status reports to the board. Funds received by the city or county from the interim management of the properties must be deposited into the city and county advance right-of-way revolving fund.
(2) When the city or county proceeds with the construction of an arterial project that will require the use of any of the property so acquired, the city or county shall reimburse the city and county advance right-of-way revolving fund. Reimbursement must reflect the original cost of the acquired property or property rights required for the project plus an interest rate equal to the current state bond interest rate. The current state bond interest rate must be reviewed by the board on a quarterly basis and be adjusted as needed to reflect the current rate at the time of the quarterly review. The board shall report annually to the transportation committees of the legislature on the interest rate set.
(3) When the city or county determines that any properties or property rights acquired through funds from the city and county advance right-of-way revolving fund will not be required for an arterial construction project or the property has been held by the city or county for more than ten years, the city or county shall either sell the property at fair market value or reimburse the revolving fund at fair market value. All proceeds of the sale must be deposited in the city and county advance right-of-way revolving fund.
(4) Deposits in the fund may be reexpended without further or additional appropriations.
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