[atlas:bill]

AN ACT Relating to the creation of congestion relief boards; and adding a new chapter to Title 47 RCW.

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

NEW SECTION. Sec. 1. The legislature recognizes that a multimodal approach to the state's transportation system is the best means of addressing transportation needs. Recently, little money has been spent on new highway projects to add capacity and lane miles to major state routes, interstates, or other freeway systems. Expansion of our highway systems is essential to all modes of transportation, as buses and vanpools need additional lanes on which to travel in order to be effective, just as passenger vehicles need additional lanes. The legislature desires to empower local regions to add lane capacity to major highways and interstates by enabling them to raise revenue to construct highway improvements which will add lanes to existing freeways or highways, or create new freeways or highways, to meet the demand from all modes of traffic.

The legislature further finds that many transportation decisions are best made at the regional level, where transportation problems are paramount. To achieve regional congestion relief and to implement recommendation six of the blue ribbon commission on transportation final report, relating to regional transportation solutions, congestion relief boards are created. The legislature declares that it is the public policy of this state to encourage and facilitate highway improvements. It is the purpose of congestion relief boards to generate revenues for a limited period of time to assist in the financing of highway improvement projects to improve transportation mobility in congested areas.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Congestion relief board" means an area composed of legislative districts along a transportation corridor which are designated as a congestion relief board by an act of the legislature.

(2) "Legislative district" means an area designated pursuant to chapter 44.07C RCW.

(3) "Department" means the Washington state department of transportation.

(4) "Highway improvement project" means an improvement which adds a lane or lanes to a state route or federal interstate, or creates a new state route or federal interstate.

NEW SECTION. Sec. 3. A congestion relief board may only be created by act of the legislature and shall consist of the legislative districts adjacent to or impacted by a transportation corridor or corridors. In the event that legislative districts change pursuant to redistricting, then a preexisting board shall consist of those districts adjacent to or impacted by a transportation corridor, plus those districts previously within the board which remain adjacent to or affected by that corridor or corridors and still have fifty percent of their original geographic area unchanged. The tax boundaries of areas subject to any new taxes imposed under this chapter shall be unaffected by subsequent redistricting.

NEW SECTION. Sec. 4. The central Puget Sound congestion relief board is created to include the following legislative districts: 38, 21, 1, 44, 32, 46, 45, 36, 43, 48, 34, 11, 37, 41, 33, 47, 5, 30, 25, and 31.

NEW SECTION. Sec. 5. The membership of a congestion relief board shall be composed of one representative from each legislative district within the boundaries of the congestion relief board. The three legislators elected from each district shall choose, by majority vote, a fourth person who is not a legislator to serve as a representative to the congestion relief board. Governance of and decisions by a congestion relief board shall be by majority vote.

NEW SECTION. Sec. 6. Members of the congestion relief board will be reimbursed for travel expenses as provided by RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 7. A congestion relief board shall be entitled to state funding from the motor vehicle fund in an amount of up to one million dollars as start-up funding to pay for salaries, expenses, overhead, supplies, and similar expenses ordinarily and necessarily incurred in selecting highway improvement projects and funding for those projects under this chapter. Upon approval of a referendum on the projects and the financing pursuant to section 10 of this act, the board shall reimburse the motor vehicle fund for any sums advanced for these start-up costs from the state. A congestion relief board shall include these start-up costs within the referendum submitted to the voters.

NEW SECTION. Sec. 8. (1) A congestion relief board shall, using the transportation improvement benchmarks set forth in section 14 of this act, select highway improvement projects, exclusive of maintenance and preservation of existing facilities, that maximize the attainment of these benchmarks and focus on highway traffic congestion relief.

(2) Once the board has chosen a highway improvement project, or series of highway improvement projects, it must develop a funding package. A congestion relief board shall develop a funding and financing package to pay for highway improvement projects selected under subsection (1) of this section. A board may impose some or all of the revenue sources set forth in section 9 of this act to pay for highway improvement projects selected. The legislature recognizes that a combination of local, state, and federal revenues may be necessary to pay for highway improvement projects, and the board shall consider all of these revenue sources in developing a financing and funding plan for selected projects.

NEW SECTION. Sec. 9. A congestion relief board is empowered to institute and collect the following local taxes within its geographic boundaries:

(1) A local option regional sales tax of up to 0.5 percent;

(2) A local option vehicle license fee of up to seventy-five dollars per vehicle;

(3) A local option motor vehicle fuel tax of up to six cents per gallon; and

(4) A local option commercial vehicle charge of up to one hundred fifty dollars per commercial vehicle.

Taxes shall not be imposed without a vote of the people within the boundaries of the congestion relief board on a referendum as set forth in section 10 of this act.

NEW SECTION. Sec. 10. A board must submit, as a referendum, to a vote of the people the highway improvement projects it has selected and any funding package that requires the imposition of additional taxes in the region. The referendum shall specify that the additional tax shall be dedicated to funding the specific highway improvement projects chosen by the board. The referendum shall also set forth any start-up costs advanced by the state for expenses of the board prior to the referendum and that this amount must be repaid to the state from the revenue proceeds. Upon a majority vote of the people in favor of the project list and the increased taxes, the board shall not change the boundaries of the region, project list, or taxes imposed or collected except by a majority vote of the people in the transportation region the board represents. A board may not undertake any construction or work associated with constructing a highway improvement project, other than that work necessary to prepare the referendum, without approval of the referendum by a majority vote of the people.

NEW SECTION. Sec. 11. (1) A congestion relief board is a body corporate and shall have the powers necessary and incidental to selecting, financing, planning, and constructing congestion relief highway projects, including but not limited to:

(a) The authority to hire no more than six employees, including a director or executive officer, a treasurer or financial officer, a project manager or engineer, a project permit coordinator, and clerical staff; and

(b) The authority to pay for services and enter into contracts, including professional service contracts.

(2) The board does not have the authority to acquire, hold, or dispose of real property.

(3) The board shall not own, operate, or maintain any ongoing facility, road, or transportation system.

NEW SECTION. Sec. 12. The legislature recognizes that it may be prudent for certain congestion relief highway improvement projects to be financed over time through the issuance of bonds. The full faith and credit of the state shall, at the state treasurer's discretion and issuance, be made available to congestion relief boards which have sought and obtained voter approval for a specific revenue source sufficient to cover the cost and debt service of any bonds issued. A congestion relief board shall remain liable for the payment of any debt incurred.

Alternatively, notwithstanding RCW 39.36.020(1), a congestion relief board may, upon approval by the voters of a referendum establishing additional taxes under section 10 of this act, contract indebtedness or borrow money to pay for highway improvement projects in an amount not exceeding one and one-half percent of the value of the taxable property within the boundaries of the region, as long as the total indebtedness of the region does not exceed five percent of the value of the taxable property in it. The bonds must be issued and sold in accordance with chapter 39.46 RCW, and the bond proceeds must be used solely to pay for highway improvement projects and any start-up costs advanced by the state for expenses of the board prior to the referendum. The term "value of the taxable property" has the meaning set forth in RCW 39.36.015.

NEW SECTION. Sec. 13. A congestion relief board may accept and expend or use gifts, grants, or donations.

NEW SECTION. Sec. 14. A board shall apply the following benchmarks when choosing congestion relief projects by selecting highway improvement projects that move towards the following benchmarks:

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

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

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

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

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

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

These benchmarks represent only minimum standards which shall be considered in selecting highway improvement projects. The board may also consider rules and standards adopted by the transportation accountability commission to achieve these benchmarks.

NEW SECTION. Sec. 15. The department shall create a division of dedicated staff and services whose sole responsibility is to coordinate the design, preliminary engineering, permit, financing, and construction of projects selected and sponsored by a congestion relief board.

NEW SECTION. Sec. 16. The congestion relief board matching account is hereby created within the motor vehicle fund. The congestion relief board matching account shall be administered by the state treasurer. Moneys received from a congestion relief board, private donations, state matching moneys and any earned interest, and funds received from any other source may be deposited into the congestion relief board matching account. All moneys deposited in the congestion relief board matching account shall be invested by the state treasurer. Funds within the congestion relief board matching account shall be used solely to match up to sixty percent of the total costs of a highway improvement project or series of projects selected by a congestion relief board.

NEW SECTION. Sec. 17. A congestion relief board which has selected a capital improvement project or series of projects, and which has sought and obtained voter approval of the project or series of projects, as well as a source of revenue from which to fund all or a portion of the project or series of projects, shall be eligible for matching funds from the congestion relief board matching account of up to sixty percent of the total costs of the project or series of projects selected.

NEW SECTION. Sec. 18. A congestion relief board which has selected a capital improvement project or series of projects, and which has sought and obtained voter approval of the project or series of projects, as well as a source of revenue from which to fund all or a portion of the project or series of projects, shall be eligible to receive assistance from the department in the design, engineering, permitting, financing, and construction of its selected project or series of projects. This section does not require a congestion relief board to solicit or accept department assistance or staffing.

NEW SECTION. Sec. 19. A congestion relief board may choose to contract out all or part of the design, permitting, engineering, environmental, and construction work associated with a voter-approved project or series of improvement projects through a competitive bid process. The department shall be entitled to bid on any such work.

NEW SECTION. Sec. 20. The department or board may use the design-build procedure for projects developed by a congestion relief board. As used in this section "design-build procedure" means a method of contracting under which the department or board contracts with another party for such party to both design and build the structures, facilities, and other items specified in the contract.

NEW SECTION. Sec. 21. Within one month of the project or series of projects selected by the board and approved by the voters being constructed, the board shall dissolve itself and cease to exist. Any taxes imposed pursuant to an approved plan shall terminate when the financing or debt service on the project or series of projects constructed is complete and paid.

NEW SECTION. Sec. 22. Sections 1 through 21 of this act constitute a new chapter in Title 47 RCW.