H-1768.1 _______________________________________________
HOUSE BILL 2159
_______________________________________________
State of Washington 57th Legislature 2001 Regular Session
By Representatives Mitchell, Fisher and Hankins
Read first time 02/20/2001. Referred to Committee on Transportation.
AN ACT Relating to maintaining and preserving transportation facilities and assets; amending RCW 47.06.050, 47.06.090, 47.05.010, 47.05.030, 47.05.051, 47.44.010, 47.44.020, 47.44.050, and 47.24.020; and creating new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The state's current transportation infrastructure represents public assets worth over one hundred billion dollars. The legislature finds that reducing wear and tear, providing cost-effective maintenance and rehabilitation, and identifying and addressing traffic congestion is essential. The legislature further finds that the state should develop the analytic tools needed to measure the benefits and costs for all modes by using a common methodology. Use of a common methodology enables achievement of the goal to invest in the most effective mix of strategies, bolstered by benefit-cost analysis so that the investment benefits are quantifiable and achievable, and the outcomes will increase mobility and choices for the traveling public.
Sec. 2. RCW 47.06.050 and 1993 c 446 s 5 are each amended to read as follows:
The state-owned facilities component of the statewide transportation plan shall consist of:
(1) The state highway system plan, which identifies program and financing needs and recommends specific and financially realistic improvements to preserve the structural integrity of the state highway system, ensure acceptable operating conditions, and provide for enhanced access to scenic, recreational, and cultural resources. The state highway system plan shall contain the following elements:
(a) A system preservation element, which shall establish structural preservation objectives for the state highway system including bridges, identify current and future structural deficiencies based upon analysis of current conditions and projected future deterioration, and recommend program funding levels and specific actions necessary to preserve the structural integrity of the state highway system consistent with adopted objectives. Lowest life cycle cost methodologies must be used in developing a pavement management system. This element shall serve as the basis for the preservation component of the six-year highway program and the two-year biennial budget request to the legislature;
(b) A highway maintenance element, establishing service levels for highway maintenance on state-owned highways that meet benchmarks established by the transportation commission. The highway maintenance element must include an estimate of costs for achieving those service levels over twenty years. This element will serve as the basis for the maintenance component of the six-year highway program and the two-year biennial budget request to the legislature;
(c) A capacity and operational improvement element, which shall establish operational objectives, including safety considerations, for moving people and goods on the state highway system, identify current and future capacity, operational, and safety deficiencies, and recommend program funding levels and specific improvements and strategies necessary to achieve the operational objectives. In developing capacity and operational improvement plans the department shall first assess strategies to enhance the operational efficiency of the existing system before recommending system expansion. Strategies to enhance the operational efficiencies include but are not limited to access management, transportation system management, demand management, and high-occupancy vehicle facilities. The capacity and operational improvement element must conform to the state implementation plan for air quality and be consistent with regional transportation plans adopted under chapter 47.80 RCW, and shall serve as the basis for the capacity and operational improvement portions of the six-year highway program and the two-year biennial budget request to the legislature;
(((c))) (d)
A scenic and recreational highways element, which shall identify and recommend
designation of scenic and recreational highways, provide for enhanced access to
scenic, recreational, and cultural resources associated with designated routes,
and recommend a variety of management strategies to protect, preserve, and
enhance these resources. The department, affected counties, cities, and towns,
regional transportation planning organizations, and other state or federal
agencies shall jointly develop this element;
(((d))) (e)
A paths and trails element, which shall identify the needs of nonmotorized
transportation modes on the state transportation systems and provide the basis
for the investment of state transportation funds in paths and trails, including
funding provided under chapter 47.30 RCW.
(2) The state ferry
system plan, which shall guide capital and operating investments in the state
ferry system. The plan shall establish service objectives for state ferry
routes, forecast travel demand for the various markets served in the system, ((and))
develop strategies for ferry system investment that consider regional and
statewide vehicle and passenger needs, support local land use plans, and assure
that ferry services are fully integrated with other transportation services. The
plan must provide for maintenance of capital assets. The plan must also
provide for preservation of capital assets based on lowest life cycle cost
methodologies. The plan shall assess the role of private ferries operating
under the authority of the utilities and transportation commission and shall
coordinate ferry system capital and operational plans with these private
operations. The ferry system plan must be consistent with the regional
transportation plans for areas served by the state ferry system, and shall be
developed in conjunction with the ferry advisory committees.
Sec. 3. RCW 47.06.090 and 1993 c 446 s 9 are each amended to read as follows:
The state-interest component of the statewide multimodal transportation plan shall include an intercity passenger rail plan, which shall analyze existing intercity passenger rail service and recommend improvements to that service under the state passenger rail service program including depot improvements, potential service extensions, and ways to achieve higher train speeds.
For purposes of preserving any state-owned component of the state's passenger rail program, the statewide multimodal transportation plan must identify all such assets and provide a preservation plan based on lowest life cycle cost methodologies.
Sec. 4. RCW 47.05.010 and 1993 c 490 s 1 are each amended to read as follows:
The legislature finds that solutions to state highway deficiencies have become increasingly complex and diverse and that anticipated transportation revenues will fall substantially short of the amount required to satisfy all transportation needs. Difficult investment trade-offs will be required.
It is the intent of the
legislature that investment of state transportation funds to address
deficiencies on the state highway system be based on a policy of priority
programming having as its basis the rational selection of projects and services
according to factual need and an evaluation of life cycle costs and benefits
and ((which)) that are systematically scheduled to carry out
defined objectives within available revenue. The state must develop
analytic tools to use a common methodology to measure benefits and costs for
all modes.
The priority
programming system ((shall)) must ensure preservation of the
existing state highway system, relieve congestion, provide mobility for
people and goods, support the state's economy, and promote environmental
protection and energy conservation.
The priority
programming system ((shall)) must implement the state-owned
highway component of the statewide multimodal transportation plan, consistent
with local and regional transportation plans, by targeting state transportation
investment to appropriate multimodal solutions ((which)) that
address identified state highway system deficiencies.
The priority
programming system for improvements ((shall)) must incorporate a
broad range of solutions that are identified in the statewide multimodal
transportation plan as appropriate to address state highway system deficiencies,
including but not limited to relieving congestion, highway expansion,
efficiency improvements, nonmotorized transportation facilities, high occupancy
vehicle facilities, transit facilities and services, rail facilities and
services, and transportation demand management programs.
Sec. 5. RCW 47.05.030 and 1998 c 171 s 6 are each amended to read as follows:
The transportation
commission shall adopt a comprehensive six-year investment program specifying
program objectives and performance measures for the preservation and
improvement programs defined in this section. In the specification of
investment program objectives and performance measures, the transportation
commission, in consultation with the Washington state department of
transportation, shall define and adopt standards for effective programming and
prioritization practices including a needs analysis process. The needs
analysis process ((shall)) must ensure the identification of
problems and deficiencies, the evaluation of alternative solutions and
trade-offs, and estimations of the costs and benefits of prospective projects.
Project prioritization must be based primarily upon cost-benefit analysis,
where appropriate. The investment program ((shall)) must be
revised biennially, effective on July 1st of odd-numbered years. The
investment program ((shall)) must be based upon the needs
identified in the state-owned highway component of the statewide multimodal
transportation plan as defined in RCW 47.01.071(3).
(1) The preservation
program ((shall)) consists of those investments necessary to
preserve the existing state highway system and to restore existing safety
features, giving consideration to lowest life cycle costing. The
preservation program must require use of the most cost-effective pavement
surfaces based on durability. The comprehensive six-year investment
program for preservation ((shall)) must identify projects for two
years and an investment plan for the remaining four years.
(2) The improvement
program ((shall)) consists of investments needed to address
identified deficiencies on the state highway system to ((improve mobility))
relieve congestion, safety, support for the economy, and protection of
the environment. Transportation demand modeling tools must be used to
evaluate investments. The six-year investment program for improvements ((shall))
must identify projects for two years and major deficiencies proposed to
be addressed in the six-year period giving consideration to relative benefits
and life cycle costing. The transportation commission shall give higher
priority for correcting identified deficiencies on those facilities classified
as facilities of statewide significance as defined in RCW 47.06.140.
The transportation commission shall approve and present the comprehensive six-year investment program to the legislature in support of the biennial budget request under RCW 44.40.070 and 44.40.080.
Sec. 6. RCW 47.05.051 and 1998 c 175 s 12 are each amended to read as follows:
(1) The comprehensive six-year investment program shall be based upon the needs identified in the state-owned highway component of the statewide multimodal transportation plan as defined in RCW 47.01.071(3) and priority selection systems that incorporate the following criteria:
(((1))) (a)
Priority programming for the preservation program shall take into account the
following, not necessarily in order of importance:
(((a))) (i)
Extending the service life of the existing highway system, including using
the most cost-effective pavement surfaces available based on durability;
(((b))) (ii)
Ensuring the structural ability to carry loads imposed upon highways and
bridges; and
(((c))) (iii)
Minimizing life cycle costs. The transportation commission in carrying out the
provisions of this section may delegate to the department of transportation the
authority to select preservation projects to be included in the six-year
program.
(((2))) (b)
Priority programming for the improvement program ((shall take into account))
must be based primarily upon the following:
(((a))) (i)
Traffic congestion, delay, and accidents;
(ii) Location within a heavily traveled transportation corridor;
(iii) Synchronization with other potential transportation projects, including transit and multimodal projects, within the heavily traveled corridor; and
(iv) Use of benefit/cost analysis wherever feasible to determine the value of the proposed project.
(c) Priority programming for the improvement program may also take into account:
(i) Support for the state's economy, including job creation and job preservation;
(((b))) (ii)
The cost-effective movement of people and goods;
(((c))) (iii)
Accident and accident risk reduction;
(((d))) (iv)
Protection of the state's natural environment;
(((e))) (v)
Continuity and systematic development of the highway transportation network;
(((f))) (vi)
Consistency with local comprehensive plans developed under chapter 36.70A RCW;
(((g))) (vii)
Consistency with regional transportation plans developed under chapter 47.80
RCW;
(((h))) (viii)
Public views concerning proposed improvements;
(((i))) (ix)
The conservation of energy resources;
(((j))) (x)
Feasibility of financing the full proposed improvement;
(((k))) (xi)
Commitments established in previous legislative sessions;
(((l))) (xii)
Relative costs and benefits of candidate programs;
(((m))) (xiii)
Available transportation demand management policies that could be used to
reduce demand on the highway system.
(d) Major
projects addressing capacity deficiencies which prioritize allowing for
preliminary engineering shall be reprioritized during the succeeding biennium,
based upon updated project data. Reprioritized projects may be delayed or
canceled by the transportation commission if higher priority projects are
awaiting funding((; and)).
(((n))) (e)
Major project approvals which significantly increase a project's scope or cost
from original prioritization estimates shall include a review of the project's
estimated revised priority rank and the level of funding provided. Projects
may be delayed or canceled by the transportation commission if higher priority
projects are awaiting funding.
(((3))) (2)
The commission may depart from the priority programming established under
subsection((s)) (1) ((and (2))) of this section: (a) To the
extent that otherwise funds cannot be utilized feasibly within the program; (b)
as may be required by a court judgment, legally binding agreement, or state and
federal laws and regulations; (c) as may be required to coordinate with
federal, local, or other state agency construction projects; (d) to take
advantage of some substantial financial benefit that may be available; (e) for
continuity of route development; or (f) because of changed financial or
physical conditions of an unforeseen or emergent nature. The commission or
secretary of transportation shall maintain in its files information sufficient
to show the extent to which the commission has departed from the established
priority.
(((4))) (3)
The commission shall identify those projects that yield freight mobility
benefits or that alleviate the impacts of freight mobility upon affected
communities.
Sec. 7. RCW 47.44.010 and 1980 c 28 s 1 are each amended to read as follows:
(1) The
department of transportation may grant franchises to persons, associations,
private or municipal corporations, the United States government, or any agency
thereof, to use any state highway for the construction and maintenance of water
pipes, flume, gas, oil or coal pipes, telephone, telegraph and electric light
and power lines and conduits, trams or railways, and any structures or
facilities ((which)) that are part of an urban public
transportation system owned or operated by a municipal corporation, agency,
or department of the state of Washington other than the department of
transportation, and any other such facilities. In order to minimize the
disruption to traffic and damage to the roadway, the department is encouraged
to develop a joint trenching policy with other affected jurisdictions so that
all permittees and franchisees requiring access to ground under the roadway may
do so at one time.
(2) All
applications for ((such)) the franchise ((shall)) must
be made in writing and subscribed by the applicant, and ((shall))
describe the state highway or portion thereof over which franchise is desired
and the nature of the franchise. The application must also include the
identification of all jurisdictions affected by the franchise and the names of
other possible franchisees who should receive notice of the application for a
franchise.
(3)
The department of transportation shall adopt rules providing for a hearing or
an opportunity for a hearing with reasonable public notice thereof with respect
to any franchise application involving the construction and maintenance of
utilities or other facilities within the highway right of way which the
department determines may (((1))) (a) during construction,
significantly disrupt the flow of traffic or use of driveways or other
facilities within the right of way, or (((2))) (b) during or
following construction, cause a significant and adverse effect upon the
surrounding environment.
Sec. 8. RCW 47.44.020 and 1980 c 28 s 2 are each amended to read as follows:
(1) If the department of transportation deems it to be for the public interest, the franchise may be granted in whole or in part, with or without hearing under such regulations and conditions as the department may prescribe, with or without compensation, but not in excess of the reasonable cost for investigating, handling, and granting the franchise. The department may require that the utility and appurtenances be so placed on the highway that they will, in its opinion, least interfere with other uses of the highway.
(2) If a hearing
is held, it ((shall)) must be conducted by the department, and
may be adjourned from time to time until completed. The applicant may be
required to produce all facts pertaining to the franchise, and evidence may be
taken for and against granting it.
(3) The facility
((shall)) must be made subject to removal when necessary for the
construction, alteration, repair, or improvement of the highway and at the expense
of the franchise holder, except that the state shall pay the cost of ((such))
the removal whenever the state ((shall be)) is entitled to
receive proportionate reimbursement therefor from the United States in the
cases and in the manner set forth in RCW 47.44.030. Renewal upon expiration of
a franchise ((shall)) must be by application.
(4) A person constructing or operating such a utility on a state highway is liable to any person injured thereby for any damages incident to the work of installation or the continuation of the occupancy of the highway by the utility, and except as provided above, is liable to the state for all necessary expenses incurred in restoring the highway to a permanent suitable condition for travel. A person constructing or operating such a utility on a state highway is also liable to the state for all necessary expenses incurred in inspecting the construction and the pavement or other related transportation equipment or facilities restoration process used in restoring the highway to a permanent condition suitable for travel and operation. Franchise holders are also financially responsible to the department for trenching work not completed within the contractual period and for compensating for the loss of useful pavement life caused by trenching. No franchise may be granted for a longer period than fifty years, and no exclusive franchise or privilege may be granted.
(5) The holder of a franchise granted under this section is financially responsible to the department for trenching work not completed within the period of the permit and for compensating for the loss of useful pavement life caused by trenching. In the case of common trenching operations, liability under this subsection will be assessed equally between the participants. The assessed parties may thereafter pursue claims of contribution or indemnity in accord with such fault as may be determined by arbitration or other legal action.
Sec. 9. RCW 47.44.050 and 1984 c 7 s 237 are each amended to read as follows:
(1) The
department ((is empowered to)) may grant a permit to construct or
maintain on, over, across, or along any state highway any water, gas,
telephone, telegraph, light, power, or other such facilities when they do not
extend along the state highway for a distance greater than three hundred feet.
The department may require such information as it deems necessary in the
application for any such permit, and may grant or withhold the permit within
its discretion. Any permit granted may be canceled at any time, and any
facilities remaining upon the right of way of the state highway after thirty
days written notice of the cancellation ((is [are])) are an
unlawful obstruction and may be removed in the manner provided by law.
(2) The holder of a permit granted under this section is financially responsible to the department for trenching work not completed within the period of the permit and for compensating for the loss of useful pavement life caused by trenching. In the case of common trenching operations, liability under this subsection will be assessed equally between the participants. The assessed parties may thereafter pursue claims of contribution or indemnity in accord with such fault as may be determined by arbitration or other legal action.
Sec. 10. RCW 47.24.020 and 1993 c 126 s 1 are each amended to read as follows:
The jurisdiction,
control, and duty of the state and city or town with respect to such streets ((shall
be)) is as follows:
(1) The department has no authority to change or establish any grade of any such street without approval of the governing body of such city or town, except with respect to limited access facilities established by the commission;
(2) The city or town shall exercise full responsibility for and control over any such street beyond the curbs and if no curb is installed, beyond that portion of the highway used for highway purposes. However, within incorporated cities and towns the title to a state limited access highway vests in the state, and, notwithstanding any other provision of this section, the department shall exercise full jurisdiction, responsibility, and control to and over such facility as provided in chapter 47.52 RCW;
(3) The department has authority to prohibit the suspension of signs, banners, or decorations above the portion of such street between the curbs or portion used for highway purposes up to a vertical height of twenty feet above the surface of the roadway;
(4) The city or town shall at its own expense maintain all underground facilities in such streets, and has the right to construct such additional underground facilities as may be necessary in such streets. However, pavement trenching and restoration performed as part of installation of such facilities must meet requirements established by the department;
(5) The city or town has the right to grant the privilege to open the surface of any such street, but all damage occasioned thereby shall promptly be repaired either by the city or town itself or at its direction. Pavement trenching and restoration performed under a privilege granted by the city under this subsection must meet requirements established by the department;
(6) The city or town at its own expense shall provide street illumination and shall clean all such streets, including storm sewer inlets and catch basins, and remove all snow, except that the state shall when necessary plow the snow on the roadway. In cities and towns having a population of twenty-two thousand five hundred or less according to the latest determination of population by the office of financial management, the state, when necessary for public safety, shall assume, at its expense, responsibility for the stability of the slopes of cuts and fills and the embankments within the right of way to protect the roadway itself. When the population of a city or town first exceeds twenty-two thousand five hundred according to the determination of population by the office of financial management, the city or town shall have three years from the date of the determination to plan for additional staffing, budgetary, and equipment requirements before being required to assume the responsibilities under this subsection. The state shall install, maintain, and operate all illuminating facilities on any limited access facility, together with its interchanges, located within the corporate limits of any city or town, and shall assume and pay the costs of all such installation, maintenance, and operation incurred after November 1, 1954;
(7) The department has the right to use all storm sewers on such highways without cost; and if new storm sewer facilities are necessary in construction of new streets by the department, the cost of the facilities shall be borne by the state and/or city as may be mutually agreed upon between the department and the governing body of the city or town;
(8) Cities and towns have exclusive right to grant franchises not in conflict with state laws and rules, over, beneath, and upon such streets, but the department is authorized to enforce in an action brought in the name of the state any condition of any franchise which a city or town has granted on such street. No franchise for transportation of passengers in motor vehicles may be granted on such streets without the approval of the department, but the department shall not refuse to approve such franchise unless another street conveniently located and of strength of construction to sustain travel of such vehicles is accessible;
(9) Every franchise or
permit granted any person by a city or town for use of any portion of such
street by a public utility ((shall)) must require the grantee or
permittee to restore, repair, and replace ((to its original condition))
any portion of the street damaged or injured by it to the condition required
under standards adopted by the department;
(10) The city or town has the right to issue overload or overwidth permits for vehicles to operate on such streets or roads subject to regulations printed and distributed to the cities and towns by the department;
(11) Cities and towns shall regulate and enforce all traffic and parking restrictions on such streets, but all regulations adopted by a city or town relating to speed, parking, and traffic control devices on such streets not identical to state law relating thereto are subject to the approval of the department before becoming effective. All regulations pertaining to speed, parking, and traffic control devices relating to such streets heretofore adopted by a city or town not identical with state laws shall become null and void unless approved by the department heretofore or within one year after March 21, 1963;
(12) The department shall erect, control, and maintain at state expense all route markers and directional signs, except street signs, on such streets;
(13) The department shall install, operate, maintain, and control at state expense all traffic control signals, signs, and traffic control devices for the purpose of regulating both pedestrian and motor vehicular traffic on, entering upon, or leaving state highways in cities and towns having a population of twenty-two thousand five hundred or less according to the latest determination of population by the office of financial management. Such cities and towns may submit to the department a plan for traffic control signals, signs, and traffic control devices desired by them, indicating the location, nature of installation, or type thereof, or a proposed amendment to such an existing plan or installation, and the department shall consult with the cities or towns concerning the plan before installing such signals, signs, or devices. Cities and towns having a population in excess of twenty-two thousand five hundred according to the latest determination of population by the office of financial management shall install, maintain, operate, and control such signals, signs, and devices at their own expense, subject to approval of the department for the installation and type only. When the population of a city or town first exceeds twenty-two thousand five hundred according to the determination of population by the office of financial management, the city or town shall have three years from the date of the determination to plan for additional staffing, budgetary, and equipment requirements before being required to assume the responsibilities under this subsection. For the purpose of this subsection, striping, lane marking, and channelization are considered traffic control devices;
(14) All revenue from parking meters placed on such streets belongs to the city or town;
(15) Rights of way for such streets shall be acquired by either the city or town or by the state as shall be mutually agreed upon. Costs of acquiring rights of way may be at the sole expense of the state or at the expense of the city or town or at the expense of the state and the city or town as may be mutually agreed upon. Title to all such rights of way so acquired shall vest in the city or town: PROVIDED, That no vacation, sale, rental, or any other nontransportation use of any unused portion of any such street may be made by the city or town without the prior written approval of the department; and all revenue derived from sale, vacation, rental, or any nontransportation use of such rights of way shall be shared by the city or town and the state in the same proportion as the purchase costs were shared;
(16) If any city or town fails to perform any of its obligations as set forth in this section or in any cooperative agreement entered into with the department for the maintenance of a city or town street forming part of the route of a state highway, the department may notify the mayor of the city or town to perform the necessary maintenance within thirty days. If the city or town within the thirty days fails to perform the maintenance or fails to authorize the department to perform the maintenance as provided by RCW 47.24.050, the department may perform the maintenance, the cost of which is to be deducted from any sums in the motor vehicle fund credited or to be credited to the city or town.
NEW SECTION. Sec. 11. The transportation commission or its successor entity shall report the results of the following to the transportation committees of the senate and house of representatives by December 1, 2001:
(1) The priority programming used by the transportation commission especially as it measures benefits and costs under RCW 47.05.010, 47.05.030, and 47.05.051;
(2) An evaluation of the results of the life cycle cost methodologies developed by the department of transportation under RCW 47.06.050 and 47.06.090 to determine if they meet the benchmarks established by the commission.
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