57th Legislature

                     2002 Regular Session


Passed by the Senate March 11, 2002

  YEAS 41   NAYS 4




President of the Senate


Passed by the House March 8, 2002

  YEAS 71   NAYS 25



I, Tony M. Cook, Secretary of the Senate of the State of Washington, do hereby certify that the attached is  ENGROSSED SUBSTITUTE SENATE BILL 5748 as passed by the Senate and the House of Representatives on the dates hereon set forth.




Speaker of the

      House of Representatives









Approved Place Style On Codes above, and Style Off Codes below.     





Governor of the State of Washington

                   Secretary of State

                  State of Washington






                      AS AMENDED BY THE HOUSE


             Passed Legislature - 2002 Regular Session


State of Washington      57th Legislature     2001 Regular Session


By Senate Committee on Transportation (originally sponsored by Senators McAuliffe, Horn, Shin, Winsley, Oke, Haugen, Kohl‑Welles and Kastama; by request of The Blue Ribbon Commission on Transportation)



Integrating transportation and land use planning.      

    AN ACT Relating to integration of transportation and land use planning; amending RCW 35.63.060, 35A.63.060, 47.05.051, and 47.06.040; and adding a new section to chapter 47.26 RCW.




    Sec. 1.  RCW 35.63.060 and 1988 c 127 s 1 are each amended to read as follows:

    The commission may act as the research and fact finding agency of the municipality.  To that end it may make such surveys, analyses, researches and reports as are generally authorized or requested by its council or board, or by the state with the approval of its council or board.  The commission, upon such request or authority may also:

    (1) Make inquiries, investigations, and surveys concerning the resources of the county, including but not limited to the potential for solar energy development and alternative means to encourage and protect access to direct sunlight for solar energy systems;

    (2) Assemble and analyze the data thus obtained and formulate plans for the conservation of such resources and the systematic utilization and development thereof;

    (3) Make recommendations from time to time as to the best methods of such conservation, utilization, and development;

    (4) Cooperate with other commissions and with other public agencies of the municipality, state and United States in such planning, conservation, and development; and

    (5) In particular cooperate with and aid the state within its territorial limits in the preparation of the state master plan provided for in RCW 43.21A.350 and in advance planning of public works programs.

    In carrying out its powers and duties, the commission should demonstrate how land use planning is integrated with transportation planning.


    Sec. 2.  RCW 35A.63.060 and 1967 ex.s. c 119 s 35A.63.060 are each amended to read as follows:

    Every code city, by ordinance, shall direct the planning agency to prepare a comprehensive plan for anticipating and influencing the orderly and coordinated development of land and building uses of the code city and its environs.  The comprehensive plan may be prepared as a whole or in successive parts.  The plan should integrate transportation and land use planning.


    Sec. 3.  RCW 47.05.051 and 2002 c 5 s 406 (ESB 2304) 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:

    (a) Priority programming for the preservation program shall take into account the following, not necessarily in order of importance:

    (i) Extending the service life of the existing highway system, including using the most cost-effective pavement surfaces, considering:

    (A) Life-cycle cost analysis;

    (B) Traffic volume;

    (C) Subgrade soil conditions;

    (D) Environmental and weather conditions;

    (E) Materials available; and

    (F) Construction factors;

    (ii) Ensuring the structural ability to carry loads imposed upon highways and bridges; and

    (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.

    (b) Priority programming for the improvement program must be based primarily upon the following, not necessarily in order of importance:

    (i) Traffic congestion, delay, and accidents;

    (ii) Location within a heavily traveled transportation corridor;

    (iii) Except for projects in cities having a population of less than five thousand persons, 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;

    (ii) The cost-effective movement of people and goods;

    (iii) Accident and accident risk reduction;

    (iv) Protection of the state's natural environment;

    (v) Continuity and systematic development of the highway transportation network;

    (vi) Consistency with local comprehensive plans developed under chapter 36.70A RCW including the following if they have been included in the comprehensive plan:

    (A) Support for development in and revitalization of existing downtowns;

    (B) Extent that development implements local comprehensive plans for rural and urban residential and nonresidential densities;

    (C) Extent of compact, transit-oriented development for rural and urban residential and nonresidential densities;

    (D) Opportunities for multimodal transportation; and

    (E) Extent to which the project accommodates planned growth and economic development;

    (vii) Consistency with regional transportation plans developed under chapter 47.80 RCW;

    (viii) Public views concerning proposed improvements;

    (ix) The conservation of energy resources;

    (x) Feasibility of financing the full proposed improvement;

    (xi) Commitments established in previous legislative sessions;

    (xii) Relative costs and benefits of candidate programs.

    (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.

    (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.

    (2) The commission may depart from the priority programming established under subsection (1) 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.

    (3) The commission shall identify those projects that yield freight mobility benefits or that alleviate the impacts of freight mobility upon affected communities.


    Sec. 4.  RCW 47.06.040 and 1998 c 199 s 1 are each amended to read as follows:

    The department shall develop a statewide multimodal transportation plan under RCW 47.01.071(3) and in conformance with federal requirements, to ensure the continued mobility of people and goods within regions and across the state in a safe, cost-effective manner.  The statewide multimodal transportation plan shall consist of:

    (1) A state-owned facilities component, which shall guide state investment for state highways including bicycle and pedestrian facilities, and state ferries; and

    (2) A state-interest component, which shall define the state interest in aviation, marine ports and navigation, freight rail, intercity passenger rail, bicycle transportation and pedestrian walkways, and public transportation, and recommend actions in coordination with appropriate public and private transportation providers to ensure that the state interest in these transportation modes is met.

    The plans developed under each component must be consistent with the state transportation policy plan and with each other, reflect public involvement, be consistent with regional transportation planning, high-capacity transportation planning, and local comprehensive plans prepared under chapter 36.70A RCW, and include analysis of intermodal connections and choices.  A primary emphasis for these plans shall be the relief of congestion, the preservation of existing investments and downtowns, ability to attract or accommodate planned population, and employment growth, the improvement of traveler safety, the efficient movement of freight and goods, and the improvement and integration of all transportation modes to create a seamless intermodal transportation system for people and goods.

    In the development of the statewide multimodal transportation plan, the department shall identify and document potential affected environmental resources, including, but not limited to, wetlands, storm water runoff, flooding, air quality, fish passage, and wildlife habitat.  The department shall conduct its environmental identification and documentation in coordination with all relevant environmental regulatory authorities, including, but not limited to, local governments.  The department shall give the relevant environmental regulatory authorities an opportunity to review the department's environmental plans.  The relevant environmental regulatory authorities shall provide comments on the department's environmental plans in a timely manner.  Environmental identification and documentation as provided for in RCW 47.01.300 and this section is not intended to create a private right of action or require an environmental impact statement as provided in chapter 43.21C RCW.


    NEW SECTION.  Sec. 5.  A new section is added to chapter 47.26 RCW to read as follows:

    In any project funded by the transportation improvement board, except for projects in cities having a population of less than five thousand persons, and in addition to any other items required to be considered by statute, the board also shall consider the land use implications of the project, such as whether the programs and projects:

    (1) Support development in and revitalization of existing downtowns;

    (2) Implement local comprehensive plans for rural and urban residential and nonresidential densities;

    (3) Have land use planning and regulations encouraging compact development for rural and urban residential and nonresidential densities; and

    (4) Promote the use of multimodal transportation.


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